Section 281-9-007 - CAPITAL CONSTRUCTION PROJECTS007.01 APPLICABILITY The following capital construction projects proposed by public institutions shall require Commission review, approval or disapproval, and monitoring for compliance with the approved project, in accordance with these rules and regulations:
007.01(A) 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 will be directly financed in whole or part with tax funds designated by the Legislature totaling at least the minimum capital expenditure.007.01(B) 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 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 in any one fiscal year within a period of ten years from the date of substantial completion or acquisition of the project.007.02 REVIEW CRITERIA The Commission shall use the following criteria in the review of proposed capital construction projects :
007.02(A) COMPLIANCE AND CONSISTENCY WITH THE COMPREHENSIVE STATEWIDE PLAN. Proposed projects shall show compliance and consistency with the Comprehensive Statewide Plan as applicable to a specific project.007.02(B) COMPLIANCE AND CONSISTENCY WITH THE STATEWIDE FACILITIES PLAN. Proposed projects shall demonstrate compliance and consistency with the Statewide Facilities Plan.007.02(C) ASSESS DUPLICATION OF FACILITIES. An institution submitting a proposed project for Commission review shall illustrate that the project will not result in an unnecessary duplication of capital facilities.007.03 COMMISSION REVIEW007.03(A)Governing boards, or a representative designated by the board, shall inform the Commission, in writing, of all capital construction projects to be submitted to the governing board for action.007.03(B) A public institution shall make a determination whether a project will 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 in any one fiscal year within a period of ten years from the date of substantial completion or acquisition of the project, and include such determination in a program statement submitted to the governing board for action. The determination for a facility's operations and maintenance costs is final upon approval of the program statement by the governing board.007.03(C) Prior to submitting a capital construction project for Commission action, that project shall first receive written approval of a program statement by the governing board. Evidence of governing board approval shall accompany the project to the Commission and shall include all material submitted to the governing board for approval of the capital construction project. 007.03(D) Action by the Commission regarding approval or disapproval of a capital construction project shall consist of one of the following: 007.03(D)(i) Approval of the project as the basis for further development; or007.03(D)(ii) Disapproval of the project based on lack of compliance or inconsistency with one or more review criteria in these rules and regulations, with reasons explicitly stated.007.03(E)Capital construction projects previously disapproved by the Commission may be resubmitted by a governing board with changes that address the Commission's reasons for the original disapproval. The Commission shall then review and approve or disapprove the resubmitted project proposal.007.03(F) A change in scope to any capital construction project previously approved by the Commission shall require resubmittal of the project to the Commission for review, approval or disapproval, and monitoring for compliance with the approved project. This rule applies for all subsequent phases of a project through construction.007.03(G) The Commission may establish documentation necessary to monitor capital construction projects. When complying with requests for information during the review, monitoring, and approval process, public institutions may comply pursuant to Neb. Rev. Stat. § 85-1417.007.03(H) Unless a capital construction project has been reviewed and approved by the Commission, no tax funds designated by the Legislature shall be expended for an incremental increase in a facility's operations and utilities costs, of more than the minimum capital expenditure.007.03(I) No state warrant shall be used by any public institution for the purpose of funding any capital construction project which has not been approved or which has been disapproved by the Commission.007.03(J) Beginning July 1, 2013, the Commission shall reduce the amount of distribution of community college aid funds used by a community college area to construct or acquire a capital construction project which has not been approved or has been disapproved by the Commission.007.03(K) In fulfilling its review authority for capital construction projects, the Commission shall recognize educational activities among all segments of postsecondary education and take into account the educational programs, facilities, and other resources of public and private postsecondary educational institutions.281 Neb. Admin. Code, ch. 9, § 007