Joint Committee on State Building Construction to the 2021 Kansas Legislature
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JOINT COMMITTEE Report of the Joint Committee on State Building Construction to the 2021 Kansas Legislature CHAIRPERSON: Senator Rick Billinger VICE-CHAIRPERSON: Representative J. R. Claeys OTHER MEMBERS: Senators Marci Francisco, Tom Hawk, Carolyn McGinn, and John Skubal; Representatives John Alcala, Eileen Horn, Michael Houser, and Marty Long CHARGE The Committee is authorized by KSA 46-1701, which includes provisions allowing the Committee to meet on call of its Chairperson at any time and any place within the state and to introduce legislation. The Committee is authorized to: ● Study, review, and make recommendations on all agency five-year capital improvement plans, leases, land sales, and statutorily required reports by agencies. The Committee is authorized to make use of one travel day. February 2021 Joint Committee on State Building Construction ANNUAL REPORT Conclusions and Recommendations All five-year capital improvement plans and leases were recommended by the Committee. Proposed Legislation: None BACKGROUND The Committee may meet at any location in Kansas on call of the Chairperson and is The Joint Committee on State Building authorized to introduce legislation. Members Construction was established during the 1978 receive the normal per diem compensation and Legislative Session. The Special Committee on expense reimbursements for attending meetings Ways and Means recommended the bill creating during periods when the Legislature is not in the Committee, 1978 HB 2722, as a result of its session (KSA 46-1701). interim study of state building construction procedures. The primary responsibilities of the Committee are set forth in KSA 46-1702. The Committee is to The Committee was expanded from six review and make recommendations on all agency members to ten members by 1999 HB 2065. It is capital improvement budget estimates and five- composed of five members of the Senate and five year capital improvement plans, including all members of the House of Representatives. Two project program statements presented in support of members each are appointed by the Senate appropriation requests, and to continually review President, the Senate Minority Leader, the Speaker and monitor the progress and results of all state of the House of Representatives, and the House capital construction projects. The Committee also Minority Leader. The Chairperson of the Senate studies reports on capital improvement budget Committee on Ways and Means and the estimates that are submitted by the State Building Chairperson of the House Committee on Advisory Commission. The Committee makes Appropriations serve on the Committee or appoint annual reports to the Legislature through the a member of such committee to serve (KSA 46- Legislative Coordinating Council (LCC) and other 1701). such special reports to the appropriate committees of the House of Representatives and the Senate. Terms of office are until the first day of the regular legislative session in odd-numbered years. Each state agency budget estimate for a capital A quorum of the Committee is six members. The improvement project is submitted to the chairperson and vice-chairperson are elected by Committee, the Division of the Budget, and the the members of the Committee at the beginning of State Building Advisory Commission by July 1 of each regular session of the Legislature and serve each year. Each estimate includes a written until the first day of the next regular session. In program statement describing the project in detail odd-numbered years, the chairperson is to be a (KSA 75-3717b). The budget estimate requirement representative and the vice-chairperson is to be a does not apply to federally funded projects of the senator. In even-numbered years, the chairperson Adjutant General’s Department or to projects for is to be a senator and the vice-chairperson is to be buildings or facilities of the Kansas Correctional a representative (KSA 46-1701). Industries of the Department of Corrections that are funded from the Correctional Industries Fund. Kansas Legislative Research Department 5-1 2020 State Building Construction In those cases, the Adjutant General reports to the the proposed change order, change in plans, or Committee each January regarding the federally change in proposed use (KSA 75-1264). funded projects, and the Director of Kansas Correctional Industries advises and consults with The “comprehensive energy bill,” 2009 Senate the Committee prior to commencing such projects Sub. for HB 2369, required the State to establish for the Kansas Correctional Industries (KSA 75- energy-efficient performance standards for State- 3717b and 75-5282). owned and -leased real property and for the construction of state buildings. State agencies are The Secretary of Administration issues required to conduct energy audits at least every monthly progress reports on capital improvement five years on all State-owned property, and the projects, including all actions relating to change Secretary of Administration is prohibited from orders or changes in plans. The Secretary of approving, renewing, or extending any building Administration is required to first advise and lease unless the lessor has submitted an energy consult with the Committee on each change order audit for the building. Each year, the Secretary of or change in plans having an increase in project Administration shall submit a report to the cost of $125,000 or more, prior to approving the Committee that identifies properties where an change order or change in plans (KSA 75-1264). excessive amount of energy is being used (KSA This threshold was increased from $25,000 to 75-37,128). $75,000 by 2000 HB 2017 and to $125,000 by 2008 HB 2744. Similar requirements were prescribed in 2002 for projects undertaken by the COMMITTEE ACTIVITIES State Board of Regents for research and development facilities and state educational The LCC approved three meeting dates for the facilities (KSA 76-786) and in 2004 for projects Committee. The Committee met on two days, undertaken by the Kansas Bioscience Authority September 22 and December 14, 2020. The (KSA 74-99b16). Committee reviewed agencies’ five-year capital improvement plans, reviewed leases, received the If the Committee will not be meeting within Department of Transportation’s Excess Right-of- ten business days, and the Secretary of Way Annual Report, and received an update on the Administration determines it is in the best interest sale of a building in Topeka that was owned by the of the State to approve a change order or change in Kansas Insurance Department. All agency five- plans with an increase in project costs of $125,000 year capital improvement plans were or more, 2000 HB 2017 provided an alternative to recommended. prior approval by the Committee. Under these circumstances, a summary description of the Five-Year Capital Improvement Plans proposed change order or change in plans is mailed to each member of the Committee, and a Department of Commerce. An agency member may request a presentation and review of representative presented the five-year capital the proposal at a meeting of the Committee. If, improvement plan. Projects include re-roofing and within seven business days of the date the notice facade replacement at the Garden City Job Center was mailed, two or more members notify the (JC) in fiscal year (FY) 2021; elevator #2 Director of Legislative Research of a request to improvement in the Topeka JC in FY 2022; a have a meeting on the matter, the Director will project regarding heating, ventilation, and air notify the Chairperson of the Committee, who will conditioning (HVAC) controls at the Topeka JC call a meeting as soon as possible. At that point, and re-roofing the Salina JC in FY 2023; re- the Secretary of Administration is not to approve roofing the Dodge City JC and waterproofing the the proposed action prior to a presentation of the exterior of the Topeka JC in FY 2024; new carpet matter at a meeting of the Committee. If two or and paint and electrical improvements for the more members do not request the proposed matter Hays Workforce Center in FY 2025; and electrical be heard by the Committee, the Secretary of improvements and exit door replacement for the Administration is deemed to have advised and Topeka JC in FY 2026. consulted with the Committee and may approve Kansas Legislative Research Department 5-2 2020 State Building Construction Kansas Commission on Veterans Affairs Judicial Center, subject to grant funding. The Office. The Director of the Kansas Commission representative said these projects will proceed only on Veterans Affairs Office (KCVAO) provided the if grant funding is secured, and an application has five-year capital improvement plan. The approved been submitted to the Strengthening People and FY 2021 capital improvement plan contains four Revitalizing Kansas (SPARK) Taskforce. The first projects for the Kansas Veterans’ Home, four project is an office restructure for Judicial projects for the Kansas Soldiers’ Home, and one Administration in the amount of $200,000 during project for the Cemetery Program. For FY 2022, FY 2021. The second is expansion of the KCVAO requested approval for three projects at information technology help desk in the amount of the Kansas Veterans’ Home, three projects at the $200,000, also during FY 2021. Kansas Soldiers’ Home, and three projects for the Cemetery Program. The Director listed projects Kansas Highway Patrol. An agency for FY 2023 through FY 2026, but noted projects representative presented the five-year capital could change depending on the status of the improvement plan. The agency’s five-year plan is different buildings. separated into six categories: Training Academy Major Projects, Training Academy State Historical Society. The Director of the Maintenance/Repair, Troop Facility Major State Historical Society discussed the five-year Projects, Troop Facility Maintenance/Repair, Scale capital improvement plan. The Director stated the House/Scale Repair/Replacement, and New agency uses State General Fund (SGF) moneys, as Construction.