5.  2007 STATE EDUCATIONAL INSTITUTION LONG-TERM INFRASTRUCTURE MAINTENANCE PROGRAM

 a.  Definitions (K.S.A. 76-7,102)

i.  Deferred maintenance projects are those projects involving the maintenance, construction or rehabilitation of any one or more of the following:

(1)  a building located at a state educational institution;

(2)  any utility system and other infrastructure relating to such building;

(3)  any life-safety upgrade to such building; or

(4)  any improvements necessary to be made to such building in order to comply with the requirements of the Americans with Disabilities Act or other federal or state law.

ii.  Deferred maintenance projects shall not include:

(1)  the construction of new buildings;

(2)  the maintenance, repair, reconstruction or rehabilitation of any building used as an athletic facility, residential housing or other auxiliary that does not directly support the delivery of academic pursuits; or

(3)  the maintenance, repair, reconstruction or rehabilitation of the residence of the president or chancellor of a state university.

iii.  2007 state educational institution long-term infrastructure maintenance program refers to K.S.A. 76-7,101 through 76-7,107, and amendments thereto.  This program was enacted by the Legislature in 2007 to address funding for state university deferred maintenance projects and provides for demand transfers by the Director of Accounts and Reports from the state general fund to the infrastructure maintenance fund in fiscal years 2009, 2010, 2011 and 2012.  The 2007 Legislature also enacted a tax credit program (K.S.A. 79-32,261) and expanded availability of university interest earnings (K.S.A. 76-719(c), (d), (e)) to assist with funding deferred maintenance projects.

b.  Process (K.S.A. 76-7,103 and 76-7,105)

i.  Each state university shall maintain a list of deferred maintenance projects that have been approved by the Board.  The list shall prioritize the most critical deferred maintenance projects and reflect the deficiencies identified in the Board’s 2007 or subsequent deferred maintenance studies.  The listed projects shall not:

(1)  provide for additional space requirements;

(2)  reflect new program requirements or changes of use; or

(3)  include exceptional levels of finish, equipment or other similar enhancements.

ii.  Requests for changes to the Board approved list of deferred maintenance projects shall be submitted to the Board for consideration and approval.  Each request for a change shall include justification for adding the project as one of the university’s priority deferred maintenance needs.  The state universities are authorized by the Board and the Legislature to proceed with deferred maintenance projects on a fiscal year basis. Upon request of the university with concurrence of the Board’s Director of Facilities, the President and Chief Executive Officer of the Board has the authority to revise such authorizations during the fiscal year; provided, however, that any project change requiring expenditures of  $500,000 or more requires Board approval.

iii.  Each state university shall provide quarterly status and expenditures reports to the Board.  Each report shall include information showing the progress made during the reporting period to reduce the university’s deferred maintenance backlog as identified in the university’s Board-approved deferred maintenance projects list, and information showing the effect that the expenditures have had on the campus of the university.  The original estimate for each project shall remain constant, however actual expenditures shall also be shown.

iv.  Each state university, in coordination with the Board office, shall advise and consult with the Joint Committee on State Building Construction before expending any moneys from the Infrastructure Maintenance Fund, or from any account of accounts of the Infrastructure Maintenance Fund of the university.

v.  Each state university, in coordination with the Board office, shall advise and consult with the Joint Committee on State Building Construction before expending any moneys received by the university as a contribution that qualifies as an income tax credit pursuant to the postsecondary educational institution tax credit program.

vi.  Any project in excess of $750,000 must have a written program statement.  Design development plans for the project must be submitted to the Board for approval.

c.  Funding (K.S.A. 76-7,103, 76-7,104, 76-719(c), (d), (e) and 79-32,261)

Allocations of funds from the Infrastructure Maintenance Fund will be based on a maintenance allocation formula that factors gross square footage, building age, and complexity of each university’s physical plant.  Such funds, as well as funds in each state university’s deferred maintenance support fund, may be used only to help finance Board approved deferred maintenance projects on the state university’s list.  Projects that exceed the strict scope of the deferred maintenance initiative due to program changes, additional space requirements, and expectations for exceptional levels of finish, equipment, etc. will require other funding sources above and beyond the state-provided deferred maintenance pool of funding.