281 Neb. Admin. Code, ch. 9, § 004

Current through September 17, 2024
Section 281-9-004 - DEFINITIONS
004.01 CAPITAL CONSTRUCTION PROJECT

Shall mean a project which utilizes tax funds designated by the Legislature and shall be: Any proposed new capital structure; any proposed addition to, renovation of, or remodeling of a capital structure; any proposed acquisition of a capital structure by gift, purchase, lease-purchase, or other means of construction or acquisition; or any combination thereof that 1) will be directly financed in whole or in part with tax funds designated by the Legislature totaling at least the minimum capital expenditure for purpose of this definition, or 2) is likely, as determined by the institution, to result in an incremental increase in appropriation or expenditure of tax funds designated by the Legislature of at least the minimum capital expenditure for the facility's operations and maintenance costs 1 in any one fiscal year within a period of ten years from the date of substantial completion or acquisition of the project. For purposes of this definition:

004.01(A)DIRECTLY FINANCED.Shall mean funded by:
1) Appropriation of tax funds designated by the Legislature for the specific capital construction project;
2) property tax levies authorized pursuant to Neb. Rev. Stat. § 85-1517 used to establish a capital improvement and bond sinking fund pursuant to Neb. Rev. Stat. § 85-1515; or
3) that portion of tax funds designated by the Legislature and appropriated by the Legislature for the general operation of the public institution and utilized to fund the capital construction project.
004.01(B)INCREMENTAL INCREASE.Shall mean an increase in appropriation or expenditure of tax funds designated by the Legislature of at least the minimum capital expenditure for a facility's operations and maintenance costs, beyond any increase due to inflation, to pay for a capital structure's operations and maintenance costs that are a direct result of a capital construction project.
004.01(C)MINIMUM CAPITAL EXPENDITURE.Shall mean:
1) for purposes of construction or acquisition pursuant to this definition of capital construction project, a base amount as required by statute, and
2) for purposes of the facility's operations and maintenance costs pursuant to this definition of capital construction project, a base amount adjusted for inflation as required by statute for any one fiscal year. The base amount for the facility's operations and maintenance costs shall be subject to any inflationary or market adjustments made by the Commission pursuant to this definition. The Commission shall adjust the base amount on a biennial basis beginning January 1, 2010. The adjustments shall be based on percentage changes in a construction cost index and any other published index relevant to operations and utilities costs, as selected by the Commission in cooperation with the publicinstitutions. The index or indices shall reflect inflationary or market trends for the applicable operation and maintenance or construction costs. Specific dollar amounts can be found in Commission procedures implementing these rules and regulations.

1 Examples of facility operations and maintenance costs include: Utilities, custodial service, building maintenance, landscape and grounds maintenance, physical plant administration, security, mail service, communications service, and property insurance.

004.02 INDIVIDUAL CAPITAL CONSTRUCTION BUDGET REQUEST

INDIVIDUAL CAPITAL CONSTRUCTION BUDGET REQUEST Shall mean, for the purpose of prioritization of budget requests, any capital construction request included in the Board of Regents of the University of Nebraska's and Board of Trustees of the Nebraska State Colleges' biennial budget request, LB 309 Task Force for Building Renewal request by category and classification, or major deficit appropriation request, for which the Commission has recommended approval, including any capital construction project approved by the Commission and included in such requests.

004.03 CAPITAL STRUCTURE

CAPITAL STRUCTURE Shall mean anything constructed or erected, for occupancy, use or ornamentation, that requires permanent location on, below or above the ground, or an addition to an existing capital structure having a permanent location on or below the ground.

004.04 CHANGE IN SCOPE

CHANGE IN SCOPE Shall mean a significant change in a capital construction project, as specifically defined in Commission procedures, to include but not be limited to:

1) A substantial increase in the amount of tax funds designated by the Legislature used to construct, acquire or provide facilities operations and maintenance,
2) a significant change in the use of funds 2,
3) a considerable change in the allocation of square footage for any major room-use category(s), or
4) a programmatic change involving who and/or what purpose a major room-use category(s) serves.
004.05 COMMISSION

COMMISSION Shall mean the Coordinating Commission for Postsecondary Education.

004.06 GOVERNING BOARD

GOVERNING BOARD Shall mean the Board of Regents of the University of Nebraska, the Board of Trustees of the Nebraska State Colleges, or the board of governors for each community college area.

004.07 INSTITUTIONAL FACILITIES PLAN

INSTITUTIONAL FACILITIES PLAN Shall mean a plan that identifies a public institution's existing facilities, the condition and utilization of those facilities, outlines the institution's short-term, mid-term, and long-range program needs, and identifies proposed facilities solutions to meet those program needs.

004.08 MAJOR ROOM-USE CATEGORIES

MAJOR ROOM-USE CATEGORIES Shall mean the major room uses outlined in the most recently published U.S. Department of Education, National Center for Education Statistics, Postsecondary Education Facilities Inventory and Classification Manual (FICM). 3

2 Example: Reallocating a majority of funds previously allotted for movable equipment to construction.

3 These categories include: Classrooms, laboratories, offices, study facilities, special-use facilities, general-use facilities, support facilities, healthcare facilities, residential facilities, and unclassified facilities.

004.09 PROGRAM STATEMENT

PROGRAM STATEMENT Shall mean a document that describes and supports the development of a proposed capital construction project . The content to be provided in a program statement shall be in such format as provided by the Commission. 4

4 The ProgramStatement Outline provided by the Commission shall coordinate with existing State formats and public institution requirements for use of such documents by design professionals.

004.10 PUBLIC INSTITUTION

PUBLIC INSTITUTION Shall mean any of the following: University of Nebraska-Lincoln, University of Nebraska Medical Center, University of Nebraska at Omaha, University of Nebraska at Kearney, Nebraska College of Technical Agriculture, Chadron State College, Peru State College, Wayne State College, Central Community College, Metropolitan Community College, Mid-Plains Community College, Northeast Community College, Southeast Community College, Western Nebraska Community College, including any other campus administered as a separate unit by a governing board, or any other public postsecondary educational institution that may be established by the Legislature.

004.11 REMODELING OR RENOVATION

REMODELING OR RENOVATION Shall mean work associated with an existing capital structure, which may include, but shall not be limited to, modifying or upgrading a capital structure's building systems. Such work may include upgrading mechanical or electrical systems, or modifying interiors through changes in room layouts or relocation of openings. This work shall not increase the size of the building footprint or building envelope. Replacement of existing wall, floor or ceiling treatments due to age or damage, or other similar work, shall not be considered remodeling or renovation. Separate deferred maintenance projects, fire and life safety projects, Americans with Disabilities Act projects, or energy conservation projects, as defined by the LB 309 Task Force for Building Renewal, shall not constitute remodeling or renovation.

004.12 TAX FUNDS DESIGNATED BY THE LEGISLATURE

TAX FUNDS DESIGNATED BY THE LEGISLATURE Shall mean all State tax revenue and all property tax revenue.

004.13 UNNECESSARY DUPLICATION

UNNECESSARY DUPLICATION Shall mean any capital structure, or portion of a capital structure, that does not substantially increase access and/or serve valid needs considering the existence of other available and suitable facilities. 5

5 Examples of unnecessary duplication include, but shall not be limited to, unnecessarily duplicative facilities within an institution, sector, state, or region.

004.14 Repealed
004.15 Repealed
004.16 Repealed
004.17 Repealed
004.18 Repealed

281 Neb. Admin. Code, ch. 9, § 004