State Building Program Informational Paper 79 Wisconsin Legislative Fiscal Bureau January, 2013 State Building Program Prepared by Al Runde Wisconsin Legislative Fiscal Bureau One East Main, Suite 301 Madison, WI 53703 http://legis.wisconsin.gov/lfb State Building Program The Legislature has, by statute, created the of the Governor, and three legislators from each state Building Commission and delegated to it house of the Legislature, appointed in the same responsibility for developing and implementing manner as members of legislative standing the state building program. The Commission also committees. The majority and minority parties issues bonds for the state. The building program, from each house must be represented. In addition or capital budget, consists of those projects to the voting members, the administrator of the recommended by the Building Commission and Division of Facilities Development (DFD) within authorized by the Legislature. After approval by the Department of Administration (DOA), with the Legislature, the projects are implemented by concurrence of the Secretary of DOA, serves as a the Building Commission. nonvoting Secretary to the Building Commission. The head engineer and the ranking architect for DOA serve as nonvoting, advisory members to the Commission. The Building Commission The Commission is divided into two sub- committees: a Higher Education Subcommittee The Building Commission was created by and an Administrative Affairs Subcommittee. Chapter 563, Laws of 1949, to establish a long- The Higher Education Subcommittee is responsi- range building program. In 1969, voters approved ble for reviewing the capital budget requests of an amendment to the Wisconsin Constitution that the University of Wisconsin System. The Admin- provided for direct state borrowing and the Legis- istrative Affairs Subcommittee is responsible for lature passed Chapter 259, Laws of 1969, which reviewing the capital budget requests of all other enlarged the powers of the Commission to fi- state agencies. The Governor appoints the Chair nance capital facilities for all state agencies. and members of the two subcommittees; each Chapter 259 also created a separate state Bond subcommittee consists of three legislative mem- Board, including four members of the Building bers and the citizen member. Commission, to supervise the contracting of pub- lic debt. Chapter 90, Laws of 1973, abolished the The Commission holds a regular meeting each Bond Board and transferred its duties and respon- month. Each subcommittee meets prior to the sibilities to the Commission. The Commission is regular meeting of the Commission to review also responsible for oversight of the construction agency requests on the agenda and to formulate a and renovations of state building projects enu- recommendation on each item for consideration merated by the Legislature each biennium and for by the Commission. In addition to subcommittee maintaining the estimated $10.3 billion in exist- recommendations, certain matters are first taken ing state buildings and facilities. up by the full Building Commission, including bond resolutions and special projects. The The Building Commission consists of the Building Commission will hold special meetings Governor, who serves as Chair, one citizen as needed, which are most often associated with member, appointed by and serving at the pleasure the award of a pending bond issue. 1 The Secretary of the Commission is responsi- occupants and activities, components special ble for the DFD staff services, including schedul- considerations, and the construction budget and ing of meetings and establishing meeting agen- the impact on the agency operating budget das, recording and publishing meeting minutes, associated with each project. Also, the request providing other documentation as necessary certi- identifies the anticipated project schedule fying Commission actions, interpreting and car- milestones or dates for each project, including rying out Commission intent, and making rec- architect and engineer selection, project bidding ommendations on matters before the Commis- dates, and the completion date for the project. sion. Finally, any proposed legislative statutory change related to an agency facility is included in the request. Capital Budget Process DFD Staff Review. The DFD capital budget manual indicates that DFD staff will analyze the agency capital budget requests from September, Long-Range Planning. In accordance with 2012, through early 2013. DFD staff recommen- statutory requirements for a long-range plan for dations for each project are reviewed by the Sec- the building program, agencies submitted six- retary of DOA and the Governor. year (2013-19) facilities investment plans to DFD. These plans define the facility related Building Commission Review. Based on the needs of the agency into specific projects and schedule indicated in the capital budget manual, establish a timeline for those projects over the the full Commission will meet in March, 2013, to next six years. The first two years of the plan consider the DFD staff and sub-committee rec- would form the basis for the agency's request for ommendations for each project. The Commission projects to be included as part of the 2013-15 may delete or add items to requests, reduce or building program. The DFD manual for 2013-15 increase the size of items or alter the proposed capital budget requests established July 27, 2012, funding sources of items. At this meeting, the as the submission date to DFD for these long- Commission will adopt its recommendations for range planning documents. the 2013-15 building program, including any nonstatutory or statutory language that the Com- Agency Capital Budget Requests. Each state mission wants to have enacted. Once the Com- agency requesting projects in the 2013-15 state mission has completed its actions, DFD staff will building program had to submit a capital budget prepare a summary of the projects recommended request to the Secretary of the Building by the Commission and have an amendment to Commission. The date specified in the manual the 2013-15 budget bill drafted, which would in- for capital budget requests for the 2013-15 corporate the Commission's decisions relating to biennium was September 14, 2012. Agency the building program projects as well as any pro- capital budget requests include: (a) a list of posed statutory modifications. By statute, the projects over $760,000 in priority order including Commission is required to submit the amendment a summary of each project; its location; a project containing the biennial building program recom- description; and an analysis of need and mendations to the Joint Committee on Finance alternatives; and (b) a list of All Agency projects (JFC) no later than the first Tuesday of April in exceeding $185,000 in priority order. In addition, each odd-numbered year, unless the Committee the request includes a program statement that approves a later date. identifies the justification, purpose and scope, 2 Joint Finance Committee Review. The DFD result, the building program legislation generally summary and the amendment draft will be sub- consists of two major items in the budget bill: (1) mitted to the JFC, and a public hearing on the the list of project titles and budgets which consti- building program will likely be held by that tute the project enumerations for the building Committee as part of its deliberations on the program; and (2) the increased agency bonding 2013-15 budget. At a subsequent executive ses- appropriations needed to fund the various build- sion, JFC will incorporate the recommended ing program projects being enumerated as part of building program, including any changes adopted the building program. In addition, the Building by the Committee, into its version of the budget Commission may include in the building program bill. legislation any statutory changes necessary for the Commission and DFD to implement the Legislative Review. The Legislature will building program or the state facility related ac- consider the capital budget as part of the biennial tivities. budget bill. The Assembly and Senate can modi- fy the project budgets and individual building During the course of the biennium, the program projects. Those major projects approved Legislature can enact other legislation to modify by the Legislature are enumerated into law as a biennial state building program. The 2011-13 part of the biennial budget bill. Subsequent legis- building program was enacted as part of the lative actions could add new projects, or modify 2011-13 budget (2011 Act 32). That building or delete projects enumerated previously in the program was subsequently amended by 2011 Act biennial state building program under a prior ver- 119, which enumerated a renovation project at sion of the budget bill. the Wisconsin Veterans Home at Union Grove. Delayed Project Funding and Construction. The enumerations contained in the biennial Unless there is a significant change in the scope building program, as with all legislative enact- or need for a given project, historically, projects ments, are subject to veto by the Governor. In the enumerated in a biennial building program usual- 2011-13 biennium, the 2011-13 building pro- ly begin their construction phase by the end of gram, as passed by the Legislature, was not mod- the biennium in which they are enumerated. ified by the Governor through partial veto. However, in recent biennia, biennial building programs have included projects that require