§ 9-5-108 — Development of building projects; rehabilitation of building projects

(a) The commission shall, on the basis of a state needs
assessment plan or as otherwise directed by the legislature and
after consultation with and advice from state agencies and
officials, other appropriate agencies and officials and members
of the public, identify and select potential projects to be
studied for inclusion in the Wyoming public buildings
construction program pursuant to the following schedule:
(i) Level I reconnaissance studies shall, to the
extent possible:
(A) Describe the project;
(B) Identify the need for the project;
(C) In cooperation with appropriate local,
county and state agencies, assess the status of proposed site
ownerships, including existing conflicts and recommendations for
resolution of the conflicts and other potential obstacles;
(D) Assess and describe local, state and federal
permits required for construction;
(E) Assess environmental considerations and
constraints;
(F) Identify legal constraints to development;
(G) Identify alternate sources of space to
purchase and lease;
(H) Summarize public testimony received at
meetings held by the commission in the county of the proposed
construction; and
(J) Contain the commission’s recommendation to
the legislature whether to terminate further consideration of
the proposed project or to continue the project at its current
level of study, or to proceed with further activity under
paragraph (ii), (iii) or (iv) of this subsection.
(ii) Level II feasibility studies shall to the extent
possible:
(A) Include a detailed analysis of factors
relevant to development, construction, operation and
maintenance;
(B) Identify major problems and opportunities
concerning development and the environmental, social and
economic effects of development;
(C) Identify the desired sequence of events,
including commencement of local, state and federal permitting
activities and acquisition of land;
(D) Summarize testimony received at public
hearings held by the commission in the county of the proposed
construction;
(E) Include soils and other site test drilling
procedures;
(F) Contain final concept design and cost
estimates;
(G) Include the project financing plan;
(H) Identify the interests in land to be
acquired and the proposed means and costs of acquisition. An
"interest in land" may include the fee simple title or any other
interest in land less than a fee simple; and
(J) Include draft legislation describing in
detail the construction, operation and financing of the proposed
project.
(iii) Level III construction and operation plans
shall proceed as authorized and approved by the legislature
under the immediate direction and control of the commission.
Pursuant to legislative authorization for public building
construction projects and prior to completion of Level III
construction the commission may:
(A) Design, construct, acquire or purchase
facilities related to the construction projects for use of any
feature, facility, function or portion of a project;
(B) Contract for the performance of any power
under subparagraph (A) of this paragraph, and consult with or
employ experts and professional persons;
(C) Acquire by purchase, lease, appropriation,
gift, exchange or eminent domain, necessary land, easements and
other property for construction, operation and maintenance of
projects and accept gifts, grants and contributions of money
from any source;
(D) Contract with, contribute to or receive
contributions from any legal subdivision of the state, special
district, private corporation or person for the construction,
operation, management and maintenance of any project or any
interest in any facility or function of a project.
(iv) After completion of Level III construction, the
commission shall turn over the project to the general services
division of the department of administration and information for
the operation and maintenance of state owned facilities
constructed under the direction and control of the commission.
(b) State agencies shall cooperate fully with the
commission in the preparation of the studies. In the execution
of these activities, the commission shall:
(i) Receive and acquire data relating to the project;
(ii) Hold public hearings within the county where the
proposed project will be wholly or partly constructed, consult
with and receive the views of private persons, local groups,
associations and organizations representing local citizens,
industries and the public interest;
(iii) Coordinate the feasibility studies with the
plans of other government agencies and departments;
(iv) Undertake studies, investigations, surveys and
research relevant to the completion of the study and enter into
contracts and arrangements for its completion with any
government agency, department or any person, firm, university,
institution or state or national organization;
(v) Perform any other related activities or functions
relevant and appropriate to the completion of the feasibility
study; and
(vi) Maximize the use of all existing information,
data, reports and other materials, and no funds shall be
expended to duplicate existing information, data, reports and
other materials.
(c) The commission may suspend the expenditure of time or
funds on a project at any level of activity, if it is
established that it would be in the public interest. The
commission shall report the reason for any suspension of
activity to the legislature.
(d) Any agency seeking to rehabilitate an existing public
building shall submit that request to the commission. The
commission shall review and develop plans and recommendations
for the project as provided in this section.
(e) As used in this section, "project" means any public
building and all works and facilities necessary for the
planning, construction and utilization of a state owned public
building, including the improvement of any feature, facility,
function or portion of a project. "Project" does not include
those projects for which the operation, management and use of
the building, works or the facility has been assigned by law to
a specific state agency.