Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 422 (2017GS)

Sponsor

Rep. Froerer, G.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• provides for the appointment of a director of the State Building Board;
• modifies the State Building Board's rulemaking authority;
• exempts facility programming from certain appropriations requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE FACILITIES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses provisions related to the State Building Board.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for the appointment of a director of the State Building Board;
▸ modifies the State Building Board's rulemaking authority;
▸ exempts facility programming from certain appropriations requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-5-101
, as last amended by Laws of Utah 2013, Chapter 310
63A-5-103
, as last amended by Laws of Utah 2016, Chapter 298
63A-5-104
, as last amended by Laws of Utah 2016, Chapter 298
ENACTS:
63A-5-100
, Utah Code Annotated 1953
63A-5-101.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-5-100
 is enacted to read:
 63A-5-100.
Definitions.
As used in this part, "board" means the State Building Board created under Section
63A-5-101
.
Section 2. Section 
63A-5-101
 is amended to read:
63A-5-101.
Creation.
(1) [
(a)
] There is created [
a
] 
within the department the
 State Building Board [
composed
of eight members, seven of whom shall be appointed by the governor for terms of four years
].
[
(b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
]
[
(2) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
]
[
(3) The executive director of the Governor's Office of Management and Budget or the
executive director's designee is a nonvoting member of the board.
]
[
(4) Each member shall hold office until a successor is appointed and qualified, but no
member shall serve more than two consecutive terms.
]
[
(5) One member shall be designated by the governor as chair.
]
[
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
]
[
(a) Section 
63A-3-106
;
]
[
(b) Section 
63A-3-107
; and
]
[
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
]
[
(7) The members of the board are not required to give bond for the performance of
their official duties.
]
[
(8) The department shall provide administrative and staff services to enable the board
to exercise its powers and discharge its duties, and shall provide necessary space and
equipment for the board.
]
(2) (a) The executive director shall appoint a director of the board with the approval of
the governor.
(b) The director appointed under Subsection (2)(a) is equivalent to a division director
described in Section 
63A-1-109
.
Section 3. Section 
63A-5-101.5
 is enacted to read:
 63A-5-101.5.
State Building Board composition -- Appointment -- Per diem and
expenses -- Administrative services.
(1) (a) The board is composed of eight members, seven of whom are voting members
who the governor appoints for terms of four years.
(b) The executive director of the Governor's Office of Management and Budget or the
executive director's designee is a nonvoting member of the board.
(2) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
time of a member's appointment or reappointment, adjust the length of the member's term to
ensure that approximately half of the board is appointed every two years.
(3) When a vacancy occurs in the membership of the board for any reason, the
governor shall appoint a replacement for the unexpired term of the member who created the
vacancy.
(4) Each board member shall hold office until the governor appoints and qualifies a
successor, but no member may serve more than two consecutive terms.
(5) The governor shall designate one member as the chair of the board.
(6) A member of the board may not receive compensation or benefits for the member's
service on the board, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(7) A member of the board is not required to post a bond for the performance of the
member's official duties.
(8) The department shall provide the board administrative and staff services and
necessary space and equipment.
Section 4. Section 
63A-5-103
 is amended to read:
63A-5-103.
Board -- Powers -- Rulemaking authority.
(1) The State Building Board shall:
(a) in cooperation with agencies, prepare a master plan of structures built or
contemplated;
(b) submit to the governor and the Legislature a comprehensive five-year building plan
for the state containing the information required by Subsection (2);
(c) amend and keep current the five-year building program 
that complies with the
requirements described in Subsection (6),
 for submission to the governor and subsequent
legislatures; 
and
(d) as a part of the long-range plan, recommend to the governor and Legislature any
changes in the law that are necessary to ensure an effective, well-coordinated building program
for all agencies[
;
]
.
[
(e)
] 
(2) The board shall,
 in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules:
[
(i)
] 
(a)
 that are necessary to discharge its duties and the duties of the Division of
Facilities Construction and Management;
[
(ii) to
] 
(b) that
 establish standards and requirements for life cycle cost-effectiveness
of state facility projects;
[
(iii) to
] 
(c) that
 govern the disposition of real property by the division and establish
factors, including appraised value and historical significance, in evaluating the disposition;
[
(iv) to
] 
(d) that
 establish standards and requirements for a capital development project
request 
and feasibility study described in Subsection 
63A-5-104
(2)(b)
, including [
a
requirement for a feasibility study; and
]
:
[
(v) for operations and maintenance expenditures for state-owned facilities that require,
and establish standards for:
]
[
(A) reporting;
]
[
(B) utility metering;
]
[
(C) creating operations and maintenance programs within all agency institutional line
items;
]
[
(D) reviewing and adjusting for inflationary costs of goods and services on an annual
basis; and
]
(i) a deadline by which a state agency is required to submit a capital development
project request; and
(ii) conditions and requirements by which a state agency may modify the state agency's
capital development project request after the agency submits the request;
(e) for the monitoring of a state agency's operations and maintenance expenditures for a
state-owned facility, that:
(i) establish standards and requirements for utility metering;
(ii) create an operations and maintenance program for a state agency's facilities;
(iii) establish a methodology for determining reasonably anticipated inflationary costs
for each operation and maintenance program described in Subsection (2)(e)(ii);
(iv) require an agency to report the amount the agency receives and expends on
operations and maintenance; and
[
(E)
] 
(f) for
 determining the actual cost for operations and management requests for a
new facility[
;
]
.
(3) The board shall:
[
(f)
] 
(a)
 with support from the Division of Facilities Construction and Management,
establish design criteria, standards, and procedures for planning, design, and construction of
new state facilities and for improvements to existing state facilities, including life-cycle
costing, cost-effectiveness studies, and other methods and procedures that address:
(i) the need for the building or facility;
(ii) the effectiveness of its design;
(iii) the efficiency of energy use; and
(iv) the usefulness of the building or facility over its lifetime;
[
(g)
] 
(b)
 prepare and submit a yearly request to the governor and the Legislature for a
designated amount of square footage by type of space to be leased by the Division of Facilities
Construction and Management in that fiscal year;
[
(h)
] 
(c)
 assure the efficient use of all building space; and
[
(i)
] 
(d)
 conduct ongoing facilities maintenance audits for state-owned facilities.
[
(2)
] 
(4)
 (a) An agency shall comply with [
the rules described in
] 
a rule made under
Subsection [
(1)(e)(v)(E)
] 
(2)(f)
 for new facility requests submitted to the Legislature for the
2017 General Session or any session of the Legislature after the 2017 General Session.
(b) On or before September 1, 2016, each agency shall revise the agency's budget to
comply with the rules described in Subsection [
(1)(e)(v)(C)
] 
(2)(e)(ii)
.
(c) Beginning on December 1, 2016, the Office of the Legislative Fiscal Analyst and
the Governor's Office of Management and Budget shall, for each agency with operating and
maintenance expenses, ensure that each required budget for that agency is adjusted in
accordance with the rules described in Subsection [
(1)(e)(v)(D)
] 
(2)(e)(iii)
.
[
(3)
] 
(5)
 In order to provide adequate information upon which the State Building Board
may make a recommendation described in Subsection (1), any state agency requesting new
full-time employees for the next fiscal year shall report those anticipated requests to the
building board at least 90 days before the annual general session in which the request is made.
[
(4)
] 
(6)
 (a) The State Building Board shall ensure that the five-year building plan
required by Subsection (1)(c) includes:
(i) a list that prioritizes construction of new buildings for all structures built or
contemplated based upon each agency's present and future needs;
(ii) information, and space use data for all state-owned and leased facilities;
(iii) substantiating data to support the adequacy of any projected plans;
(iv) a summary of all statewide contingency reserve and project reserve balances as of
the end of the most recent fiscal year;
(v) a list of buildings that have completed a comprehensive facility evaluation by an
architect/engineer or are scheduled to have an evaluation;
(vi) for those buildings that have completed the evaluation, the estimated costs of
needed improvements; and
(vii) for projects recommended in the first two years of the five-year building plan:
(A) detailed estimates of the cost of each project;
(B) the estimated cost to operate and maintain the building or facility on an annual
basis;
(C) the cost of capital improvements to the building or facility, estimated at 1.1% of
the replacement cost of the building or facility, on an annual basis;
(D) the estimated number of new agency full-time employees expected to be housed in
the building or facility;
(E) the estimated cost of new or expanded programs and personnel expected to be
housed in the building or facility;
(F) the estimated lifespan of the building with associated costs for major component
replacement over the life of the building; and
(G) the estimated cost of any required support facilities.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Building Board may make rules prescribing the format for submitting the information
required by this Subsection [
(4)
] 
(6)
.
[
(5)
] 
(7)
 (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the State Building Board may make rules establishing circumstances under which bids
may be modified when all bids for a construction project exceed available funds as certified by
the director.
(b) In making [
those
] 
the
 rules 
described in Subsection (7)(a)
, the State Building Board
shall provide for the fair and equitable treatment of bidders.
[
(6)
] 
(8)
 (a) A person who violates a rule [
adopted by the board
] 
that the board makes
under Subsection [
(1)(e)
] 
(2)
 is subject to a civil penalty not to exceed $2,500 for each
violation plus the amount of any actual damages, expenses, and costs related to the violation of
the rule that are incurred by the state.
(b) The board may take any other action allowed by law.
(c) If any violation of a rule [
adopted by the board
] 
that the board makes
 is also an
offense under Title 76, Utah Criminal Code, the violation is subject to the civil penalty,
damages, expenses, and costs allowed under Subsection [
(1)(e)
] 
(2)
 in addition to any criminal
prosecution.
Section 5. Section 
63A-5-104
 is amended to read:
63A-5-104.
Definitions -- Capital development and capital improvement process
-- Approval requirements -- Limitations on new projects -- Emergencies.
(1) As used in this section:
(a) (i) "Capital developments" means a:
(A) remodeling, site, or utility project with a total cost of $3,500,000 or more;
(B) new facility with a construction cost of $500,000 or more; or
(C) purchase of real property where an appropriation is requested to fund the purchase.
(ii) "Capital developments" does not include a project described in Subsection
(1)(b)(iii).
(b) "Capital improvements" means:
(i) a remodeling, alteration, replacement, or repair project with a total cost of less than
$3,500,000;
(ii) a site or utility improvement with a total cost of less than $3,500,000;
(iii) a utility infrastructure improvement project that:
(A) has a total cost of less than $7,000,000;
(B) consists of two or more projects that, if done separately, would each cost less than
$3,500,000; and
(C) the State Building Board determines is more cost effective or feasible to be
completed as a single project; or
(iv) a new facility with a total construction cost of less than $500,000.
(c) (i) "New facility" means the construction of a new building on state property
regardless of funding source.
(ii) "New facility" includes:
(A) an addition to an existing building; and
(B) the enclosure of space that was not previously fully enclosed.
(iii) "New facility" does not include:
(A) the replacement of state-owned space that is demolished or that is otherwise
removed from state use, if the total construction cost of the replacement space is less than
$3,500,000; or
(B) the construction of facilities that do not fully enclose a space.
(d) "Replacement cost of existing state facilities and infrastructure" means the
replacement cost, as determined by the Division of Risk Management, of state facilities,
excluding auxiliary facilities as defined by the State Building Board and the replacement cost
of infrastructure as defined by the State Building Board.
(e) "State funds" means public money appropriated by the Legislature.
(2) (a) The [
State Building Board
] 
board shall
, on behalf of all state agencies[
, shall
submit its
] 
and in accordance with Subsection (4), submit
 capital development
recommendations and priorities to the Legislature for approval and prioritization.
(b) In developing the [
State Building Board's
] 
board's
 capital development
recommendations and priorities, the [
State Building Board
] 
board
 shall[
: (i)
] require each state
agency [
requesting
] 
that requests
 an appropriation for a capital development project to
:
(i) submit to the board a capital development project request; and
(ii)
 complete 
and submit to the board
 a study that demonstrates the feasibility of the
capital development project, including:
(A) the need for the capital development project;
(B) the appropriateness of the scope of the capital development project;
(C) any private funding for the capital development project; and
(D) the economic and community impacts of the capital development project[
;
]
.
[
(ii)
] 
(c) The board shall
 verify the completion and accuracy of [
the
] 
a
 feasibility study
[
described in
] 
that a state agency submits to the board under
 Subsection (2)(b)[
(i);
]
.
[
(iii)
] 
(d) The board shall
 require that an institution 
of higher education
 described in
Section 
53B-1-102
 that submits a request for a capital development project address whether
and how, as a result of the project, the institution will:
[
(A)
] 
(i)
 offer courses or other resources that will help meet demand for jobs, training,
and employment in the current market and the projected market for the next five years;
[
(B)
] 
(ii)
 respond to individual skilled and technical job demand over the next 3, 5, and
10 years;
[
(C)
] 
(iii)
 respond to industry demands for trained workers;
[
(D)
] 
(iv)
 help meet commitments made by the Governor's Office of Economic
Development, including relating to training and incentives;
[
(E)
] 
(v)
 respond to changing needs in the economy; and
[
(F)
] 
(vi)
 based on demographics, respond to demands for online or in-class
instruction[
; and
]
.
[
(iv) only when determining the order of prioritization among requests submitted by
the State Board of Regents,
]
(e) The board shall
 give more weight[
,
] in the [
State Building Board's
] 
board's
 scoring
process[
,
] to a request that is designated as a higher priority by the State Board of Regents than
a request that is designated as a lower priority by the State Board of Regents 
only when
determining the order of prioritization among requests submitted by the State Board of
Regents
. 
[
(c) An agency may not modify a capital development project request after the deadline
for submitting the request, except to the extent that a modification of the scope of the project,
or the amount of funds requested, is necessary due to increased construction costs or other
factors outside of the agency's control.
]
(3) (a) Except as provided in Subsections (3)(b), (d), and (e), a capital development
project may not be constructed on state property without legislative approval.
(b) Legislative approval is not required for a capital development project that consists
of the design or construction of a new facility if:
(i) the [
State Building Board
] 
board
 determines that the requesting state agency has
provided adequate assurance that state funds will not be used for the design or construction of
the facility;
(ii) the state agency provides to the [
State Building Board
] 
board
 a written document,
signed by the head of the state agency:
(A) stating that funding or a revenue stream is in place, or will be in place before the
project is completed, to ensure that increased state funding will not be required to cover the
cost of operations and maintenance to the resulting facility for immediate or future capital
improvements; and
(B) detailing the source of the funding that will be used for the cost of operations and
maintenance for immediate and future capital improvements to the resulting facility; and
(iii) the [
State Building Board
] 
board
 determines that the use of the state property is:
(A) appropriate and consistent with the master plan for the property; and
(B) will not create an adverse impact on the state.
(c) (i) The Division of Facilities Construction and Management shall maintain a record
of facilities constructed under the exemption provided in Subsection (3)(b).
(ii) For facilities constructed under the exemption provided in Subsection (3)(b), a state
agency may not request:
(A) increased state funds for operations and maintenance; or
(B) state capital improvement funding.
(d) Legislative approval is not required for:
(i) the renovation, remodeling, or retrofitting of an existing facility with nonstate funds
that has been approved by the [
State Building Board
] 
board
;
(ii) a facility to be built with nonstate funds and owned by nonstate entities within
research park areas at the University of Utah and Utah State University;
(iii) a facility to be built at This is the Place State Park by This is the Place Foundation
with funds of the foundation, including grant money from the state, or with donated services or
materials;
(iv) a capital project that:
(A) is funded by[
: (I)
] the Uintah Basin Revitalization Fund[
;
] or [
(II)
] the Navajo
Revitalization Fund; and
(B) does not provide a new facility for a state agency or higher education institution; or
(v) a capital project on school and institutional trust lands that is funded by the School
and Institutional Trust Lands Administration from the Land Grant Management Fund and that
does not fund construction of a new facility for a state agency or higher education institution.
(e) (i) Legislative approval is not required for capital development projects to be built
for the Department of Transportation:
(A) as a result of an exchange of real property under Section 
72-5-111
; or
(B) as a result of a sale or exchange of real property from a maintenance facility if the
real property is exchanged for, or the proceeds from the sale of the real property are used for,
another maintenance facility, including improvements for a maintenance facility and real
property.
(ii) When the Department of Transportation approves a sale or exchange under
Subsection (3)(e), it shall notify the president of the Senate, the speaker of the House, and the
cochairs of the Infrastructure and General Government Appropriations Subcommittee of the
Legislature's Joint Appropriation Committee about any new facilities to be built or improved
under this exemption.
(4) (a) (i) [
The State Building Board
] 
On or before January 15 of each year, the board
shall
, on behalf of all state agencies, [
commissions, departments, and institutions shall by
January 15 of each year,
] submit a list of anticipated capital improvement requirements to the
Legislature for review and approval.
(ii) The [
list shall identify
] 
board shall ensure that the list identifies
:
(A) a single project that costs more than $1,000,000;
(B) multiple projects within a single building or facility that collectively cost more than
$1,000,000;
(C) a single project that will be constructed over multiple years with a yearly cost of
$1,000,000 or more and an aggregate cost of more than $3,500,000;
(D) multiple projects within a single building or facility with a yearly cost of
$1,000,000 or more and an aggregate cost of more than $3,500,000;
(E) a single project previously reported to the Legislature as a capital improvement
project under $1,000,000 that, because of an increase in costs or scope of work, will now cost
more than $1,000,000;
(F) multiple projects within a single building or facility previously reported to the
Legislature as a capital improvement project under $1,000,000 that, because of an increase in
costs or scope of work, will now cost more than $1,000,000; and
(G) projects approved under Subsection (1)(b)(iii).
(b) Unless otherwise directed by the Legislature, the [
State Building Board
] 
board
 shall
prioritize capital improvements from the list submitted to the Legislature up to the level of
appropriation made by the Legislature.
(c) In prioritizing capital improvements, the [
State Building Board
] 
board
 shall
consider the results of facility evaluations completed by an architect/engineer as stipulated by
the building board's facilities maintenance standards.
(d) [
Beginning on July 1, 2013, in
] 
In
 prioritizing capital improvements, the [
State
Building Board
] 
board
 shall allocate at least 80% of the funds that the Legislature appropriates
for capital improvements to:
(i) projects that address:
(A) a structural issue;
(B) fire safety;
(C) a code violation; or
(D) any issue that impacts health and safety;
(ii) projects that upgrade:
(A) an HVAC system;
(B) an electrical system;
(C) essential equipment;
(D) an essential building component; or
(E) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof,
parking lot, or road; or
(iii) projects that demolish and replace an existing building that is in extensive
disrepair and cannot be fixed by repair or maintenance.
(e) [
Beginning on July 1, 2013, in
] 
In
 prioritizing capital improvements, the [
State
Building Board
] 
board
 shall allocate no more than 20% of the funds that the Legislature
appropriates for capital improvements to:
(i) remodeling and aesthetic upgrades to meet state programmatic needs; or
(ii) construct an addition to an existing building or facility.
(f) The [
State Building Board
] 
board
 may require an entity that benefits from a capital
improvement project to repay the capital improvement funds from savings that result from the
project.
(g) The [
State Building Board
] 
board
 may provide capital improvement funding to a
single project, or to multiple projects within a single building or facility, even if the total cost
of the project or multiple projects is $3,500,000 or more, if:
(i) the capital improvement project is a project described in Subsection (1)(b)(iii); and
(ii) the Legislature has not refused to fund the project with capital improvement funds.
(h) In prioritizing and allocating capital improvement funding, the State Building
Board shall comply with the requirement in Subsection 
63B-23-101
(2)(f).
(5) The Legislature may authorize:
(a) the total square feet to be occupied by each state agency; and
(b) the total square feet and total cost of lease space for each agency.
(6) If construction of a new building or facility will require an immediate or future
increase in state funding for operations and maintenance or for capital improvements, the
Legislature may not authorize the new building or facility until the Legislature appropriates
funds for:
(a) the portion of operations and maintenance, if any, that will require an immediate or
future increase in state funding; and
(b) the portion of capital improvements, if any, that will require an immediate or future
increase in state funding.
(7) (a) Except as provided in Subsection (7)(b), the Legislature may not fund the design
or construction of any new capital development projects, except to complete the funding of
projects for which partial funding has been previously provided, until the Legislature has
appropriated 1.1% of the replacement cost of existing state facilities and infrastructure to
capital improvements.
[
(b) (i) As used in this Subsection (7)(b):
]
[
(A) "Education Fund budget deficit" is as defined in Section 
63J-1-312
; and
]
[
(B) "General Fund budget deficit" is as defined in Section 
63J-1-312
.
]
[
(ii)
] 
(b)
 If the Legislature determines that 
there exists
 an Education Fund budget
deficit or a General Fund budget deficit [
exists
] 
as those terms are defined in Section
63J-1-312
, the Legislature may, in eliminating the deficit, reduce the amount appropriated to
capital improvements to 0.9% of the replacement cost of state buildings and infrastructure.
[
(8) It is the policy of the Legislature that a new building or facility be approved and
funded for construction in a single budget action, therefore the
]
(8) (a) The
 Legislature may not fund the [
programming,
] design[
,
] and construction of
a new building or facility in phases over more than one year unless the Legislature has
approved each phase of the funding for the construction of the new building or facility by [
the
affirmative
] 
a
 vote of two-thirds of all the members elected to each house.
(b) This Subsection (8) does not apply to an appropriation to fund a new building or
facility's programming.
(9) (a) [
If, after approval of
] 
Notwithstanding the requirements of Title 63J, Chapter 1,
Budgetary Procedures Act, after the Legislatures approves
 capital development and capital
improvement priorities [
by the Legislature
] under this section, [
emergencies arise that create
unforeseen critical capital improvement projects, the State Building Board may,
notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures Act,
] 
if an
emergency arises that creates an unforseen and critical need for a capital improvement project,
the board may
 reallocate capital improvement funds to address [
those projects
] 
the project
.
(b) The [
State Building Board
] 
board
 shall report any changes [
it
] 
the board
 makes in
capital improvement allocations approved by the Legislature to:
(i) the Office of Legislative Fiscal Analyst within 30 days of the reallocation; and
(ii) the Legislature at its next annual general session.
(10) (a) The [
State Building Board
] 
board
 may adopt a rule allocating to institutions
and agencies their proportionate share of capital improvement funding.
(b) The [
State Building Board
] 
board
 shall ensure that the rule:
(i) reserves funds for the Division of Facilities Construction and Management for
emergency projects; and
(ii) allows the delegation of projects to some institutions and agencies with the
requirement that a report of expenditures will be filed annually with the Division of Facilities
Construction and Management and appropriate governing bodies.
(11) It is the intent of the Legislature that in funding capital improvement requirements
under this section the General Fund be considered as a funding source for at least half of those
costs.
(12) (a) Subject to Subsection (12)(b), at least 80% of the state funds appropriated for
capital improvements shall be used for maintenance or repair of the existing building or
facility.
(b) The [
State Building Board
] 
board
 may modify the requirement described in
Subsection (12)(a) if the [
State Building Board
] 
board
 determines that a different allocation of
capital improvements funds is in the best interest of the state.
Legislative Review Note
Office of Legislative Research and General Counsel