State of Alaska
Comment on Proposed Regulations

NOTICE OF PROPOSED CHANGES TO SCHOOL FACILITY PLANNING AND CONSTRUCTION - THE DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT

BRIEF DESCRIPTION: The proposed amendments implement requirements for facility commissioning on certain school capital projects eligible for state aid.

The Department of Education and Early Development proposes to adopt regulation changes in the Alaska Administrative Code dealing with the school facility planning and construction, including the following:

  1. 4 AAC 31.013, providing criteria for a preventive maintenance program of a school district eligible for state aid for school construction and major maintenance, is proposed to add periodic evaluation of commissioning existing facilities to a qualifying energy management plan.
  2. Proposed changes to 4 AAC 31.065 add commissioning as a professional service subject to requirements for open, competitive selection when above the $50,000 threshold.
  3. The proposed amendment to 4 AAC 31.080 specifies commissioning as an allowable school construction project cost and provides a requirement for commissioning based on the type, size, and complexity of the school capital project.
  4. 4 AAC 31.900 provides necessary definitions of the terms commissioning and commissioning agent.

Proposed Changes - Facility Commissioning(docx)

Facilities Commissioning Regulations(docx)

BRIEF DESCRIPTION:The proposed amendments to the department's school facility capital improvement project regulations in 4 AAC 31 would accomplish needed clean-up work in several areas (e.g. citations for updated publications, etc.), codify current work practices, propose improvements to the capital project administration process, and propose limits on funding.

The Department of Education and Early Development proposes to adopt regulation changes in the Alaska Administrative Code dealing with the school facility planning and construction, including the following:

  1. The proposed changes to 4 AAC 31.022(b), 31.026(d), 31.030(a), 31.040(a), 31.060(i), and 31.220 are clean-up in nature and do not revise current procedures.
  2. The proposed changes to 4 AAC 31.013, 31.016, 31.020(d), 31.021(f), 31.023(c), 31.061(b)(2), and 31.085(a) conform to current department practices and do not revise current procedures.
  3. 4 AAC 31.020(a), 31.080(f), and 31.900(2) propose to update references to current versions of department publications Guidelines for School Equipment Purchases (2016 edition), Site Selection Criteria and Evaluation Handbook (2011 edition), and Project Delivery Method Handbook (2017 edition).
  4. Proposed changes to 4 AAC 31.021(e) and (g), portions of 31.030(a) and 31.040(a), 31.064, 31.065(a), and 31.080(b) and (g) are to improve the process of capital improvement project (CIP) requests and the administration of capital project funding by clarifying requirements at a greater level of detail than currently provided. These proposals are not intended to change or limit project eligibility or funding.
  5. 4 AAC 31.023(c)(7) and (e) serve to limit funding of indirect and administrative costs that are based on a percentage rate and not supported with detailed accounting.
  6. Proposed changes to 4 AAC 31.065(d), 31.080(e), and 31.080(i) would limit funding of professional services, construction, and purchase or lease of existing facilities if requirements in the respective sections are not complied with.
  7. 4 AAC 31.900(21), defining a school capital project, would increase the minimum project cost to $50,000 for eligibility of state aid in school capital project.

Proposed Changes - Facilities Planning and Construction(docx)

Facilities Planning and Construction Regulations(docx)

To submit written comments

The Department of Education and Early Development invites the public to submit written comments during the written comment period, which begins with the date of this notice and ends on November 12, 2018, at 4:30 p.m. The written comment period closes in advance of the meeting of the State Board of Education and Early Development at which the board will consider the adoption of the proposed regulations. This allows the Department of Education and Early Development an opportunity to prepare changes based on written comment and to distribute any proposed changes to the board for its consideration prior to the meeting.

You may comment in writing on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Commissioner's Office, Department of Education and Early Development, Attn: Regulations Review, 801 West Tenth Street, Suite 200, PO Box 110500, Juneau, Alaska 99811-0500.

You also may submit written comments by facsimile at (907) 465-4156 or by electronic mail to Melissa McCormick. Written comments also may be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link.

All written comments must be received not later than 4:30 p.m. on November 12, 2018.

To submit oral comments

After the written comment period has ended, you may submit oral comments to the State Board of Education and Early Development at a hearing to be held by the board on December 6, 2018 by audio-conference or in person. The hearing will be held from 12:10 p.m. to 2:10 p.m. but may be extended to accommodate those present before 12:00 p.m. who have not had an opportunity to comment before 2:10 p.m.

You may submit oral comments at this hearing, during this time only, via the Legislative Information Office streaming by calling 1-844-586-9085 if you are outside of Juneau or Anchorage. For participation from Juneau, call 586-9085. For participation from Anchorage, call 563-9085.

You also may submit oral comment by visiting your local Legislative Information Office (LIO). The following LIOs will participate:

  • Anchorage, 716 W 4th Ave., Suite 100
  • Bethel, 301 Willow St.
  • Fairbanks, 1292 Sadler Way, Suite 308
  • Juneau, Room 111 Terry Miller Bldg.
  • Kenai, 145 Main St. Loop, Suite 217
  • Ketchikan, 1900 First Ave., Suite 310
  • Kodiak, 305 center Ave., Suite 1
  • Mat-Su, 600 E Railroad Ave.
  • Nome, 103 Front St.
  • Seward, 302 Railway Suite 107
  • Sitka, 201 Katlian St., Suite 103.
You may also submit oral comments in person at 801 West 10th Street in the first floor State Board Room in Juneau, Alaska.

This meeting will be streamed through the Legislative Information Office over akl.tv beginning at 12:00 p.m. December 6, 2018 (audio only).

To submit questions

You may submit written questions relevant to the proposed action to Melissa McCormick at Melissa McCormick or the Department of Education and Early Development, Attn: Melissa McCormick, PO Box 110500, Juneau, Alaska 99811-0500. If a question is relevant to the proposed change in the regulations and the question is received by November 2, 2018, which is 10 days before the end of the public comment period, the department will make a good-faith effort to answer the question before the end of the public comment period. The Department of Education and Early Development will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Comment on Proposed Regulations page of the Department of Education and Early Development.

To request accommodations to participate

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Melissa McCormick at 907-465-2802 or melissa.mccormick@alaska.gov not later than November 2, 2018, to ensure that any necessary accommodation can be provided.

Copies of the proposed regulation changes are available on the Alaska Online Public Notice System and by contacting Melissa McCormick at melissa.mccormick@alaska.gov or 907-465-2802.

After the public comment period ends, the Department of Education and Early Development will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

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Comment Form

This comment form is specifically for regulations. If you wish to make comments regarding current legislation, please contact your legislator directly. A complete list of e-mail contacts can be found at on the Alaska Directory of State Officials.

Items marked with * are required.

Please cite the Regulation you are commenting on (i.e., the 4 AAC number listed with the regulation description), and use a separate form for each regulation.