Administrative Rule Review Report  #AR09-050

Legislative Service Office

08-Sep-09

AGENCY: School Facilities Commission.

DATE SUBMITTED: August 26, 2009.

SUBJECT: Chapter 3, Uniform Adequacy Standards; Chapter 6, Square Footage Guidelines for Major Maintenance Payments; and Chapter 8, Criteria for Identifying and Prioritizing Remedies.

NATURE OF RULES:                        Legislative, procedural

STATUTORY AUTHORITY:            W.S. 21-15-114(a)(xv) and 21-15-115(a).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).

SUMMARY OF RULES:  The rules being amended deal with the construction of school facilities.  Chapter 3 of the rules is amended by removing capacity and the needs index and prioritization process from the list of standards.  Chapter 3 is also amended by providing that renovation or discontinuation shall be considered before new construction.  Chapter 3 is amended by providing a new appendix for the construction of tracks.  Chapter 6 is amended by deleting the provision concerning the treatment of major maintenance.

Chapter 8 of the existing rules is amended to provide for a statewide need list of non-educational facilities based on building condition.  Chapter 8 is also amended to set out the needs index and prioritization process and the budgeting process and to provide a process for changes to project prioritization. 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/