Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 451 First Substitute (2020GS)

Sponsor

Rep. Brooks, W.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reorganizes and modifies provisions relating to the state building board, the Division of Facilities Construction and Management, and the administration of state facilities;
• modifies duties and responsibilities of the state building board and the director of the Division of Facilities Construction and Management;
• increases from $100,000 to $250,000 the value of property that is exempt from rules adopted to ensure that the value of property being bought or exchanged is congruent with the terms of the purchase or exchange;
• increases from $100,000 to $250,000 the value of property the disposal or lease of which is not governed by provisions relating to the disposition of property owned by the Division of Facilities and Construction Management;
• repeals obsolete or redundant language; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

AMENDMENTS RELATING TO ADMINISTRATION OF
STATE FACILITIES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill modifies provisions relating to the administration of state facilities.
Highlighted Provisions:
This bill:
▸ reorganizes and modifies provisions relating to the state building board, the
Division of Facilities Construction and Management, and the administration of state
facilities;
▸ modifies duties and responsibilities of the state building board and the director of
the Division of Facilities Construction and Management;
▸ increases from $100,000 to $250,000 the value of property that is exempt from rules
adopted to ensure that the value of property being bought or exchanged is congruent
with the terms of the purchase or exchange;
▸ increases from $100,000 to $250,000 the value of property the disposal or lease of
which is not governed by provisions relating to the disposition of property owned by
the Division of Facilities and Construction Management;
▸ repeals obsolete or redundant language; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
11-44-201
, as last amended by Laws of Utah 2018, Chapter 415
11-59-302
, as enacted by Laws of Utah 2018, Chapter 388
11-59-304
, as enacted by Laws of Utah 2018, Chapter 388
11-59-501
, as enacted by Laws of Utah 2018, Chapter 388
17B-2a-818.5
, as last amended by Laws of Utah 2018, Chapter 319
19-1-206
, as last amended by Laws of Utah 2018, Chapter 319
26-18-402
, as last amended by Laws of Utah 2018, Chapter 319
26-40-115
, as last amended by Laws of Utah 2019, Chapter 393
51-11-102
, as enacted by Laws of Utah 2018, Chapter 253
53B-2-109
, as enacted by Laws of Utah 2005, Chapter 231
53B-2a-101
, as last amended by Laws of Utah 2019, Chapter 482
53B-2a-117
, as enacted by Laws of Utah 2019, Chapter 482
53B-22-201
, as enacted by Laws of Utah 2019, Chapter 482
53B-22-204
, as enacted by Laws of Utah 2019, Chapter 482
63A-1-112
, as last amended by Laws of Utah 2015, Chapter 181
63B-1-304
, as last amended by Laws of Utah 2010, Chapter 286
63B-2-301
, as last amended by Laws of Utah 2013, Chapters 310 and 465
63B-4-201
, as last amended by Laws of Utah 2016, Chapter 144
63B-9-103
, as last amended by Laws of Utah 2014, Chapter 196
63B-16-201
, as enacted by Laws of Utah 2007, Chapter 174
63B-16-202
, as last amended by Laws of Utah 2012, Chapter 393
63B-16-301
, as enacted by Laws of Utah 2007, Chapter 174
63B-17-201
, as last amended by Laws of Utah 2009, Chapter 150
63B-17-202
, as enacted by Laws of Utah 2008, Chapter 128
63B-17-301
, as enacted by Laws of Utah 2008, Chapter 128
63B-23-101
, as last amended by Laws of Utah 2019, Chapter 468
63B-25-101
, as last amended by Laws of Utah 2019, Chapter 246
63C-9-403
, as last amended by Laws of Utah 2018, Chapter 319
63G-6a-103
, as last amended by Laws of Utah 2019, Chapters 136, 170, 314, and 456
63H-6-102
, as last amended by Laws of Utah 2016, Chapter 301
63H-6-103
, as last amended by Laws of Utah 2019, Chapters 370 and 456
63I-1-263
, as last amended by Laws of Utah 2019, Chapters 89, 246, 311, 414, 468,
469, 482 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
246
63J-1-201
 (Superseded 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 136
63J-1-201
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapters 136
and 464
63J-1-206
, as last amended by Laws of Utah 2019, Chapters 182 and 468
63J-1-602.2
, as last amended by Laws of Utah 2019, Chapters 136, 326, 468, and 469
63J-3-103
, as last amended by Laws of Utah 2017, Chapter 382
65A-4-1
, as last amended by Laws of Utah 2019, Chapter 195
72-6-107.5
, as last amended by Laws of Utah 2018, Chapter 319
79-2-404
, as last amended by Laws of Utah 2018, Chapter 319
ENACTS:
63A-5b-101
, Utah Code Annotated 1953
63A-5b-102
, Utah Code Annotated 1953
63A-5b-201
, Utah Code Annotated 1953
63A-5b-202
, Utah Code Annotated 1953
63A-5b-203
, Utah Code Annotated 1953
63A-5b-303
, Utah Code Annotated 1953
63A-5b-304
, Utah Code Annotated 1953
63A-5b-305
, Utah Code Annotated 1953
63A-5b-401
, Utah Code Annotated 1953
63A-5b-402
, Utah Code Annotated 1953
63A-5b-403
, Utah Code Annotated 1953
63A-5b-404
, Utah Code Annotated 1953
63A-5b-406
, Utah Code Annotated 1953
63A-5b-501
, Utah Code Annotated 1953
63A-5b-502
, Utah Code Annotated 1953
63A-5b-601
, Utah Code Annotated 1953
63A-5b-602
, Utah Code Annotated 1953
63A-5b-603
, Utah Code Annotated 1953
63A-5b-604
, Utah Code Annotated 1953
63A-5b-606
, Utah Code Annotated 1953
63A-5b-701
, Utah Code Annotated 1953
63A-5b-702
, Utah Code Annotated 1953
63A-5b-703
, Utah Code Annotated 1953
63A-5b-801
, Utah Code Annotated 1953
63A-5b-1001
, Utah Code Annotated 1953
63A-5b-1101
, Utah Code Annotated 1953
63A-5b-1103
, Utah Code Annotated 1953
63A-5b-1104
, Utah Code Annotated 1953
63A-5b-1105
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
63A-5b-301
, (Renumbered from 63A-5-201, as renumbered and amended by Laws of
Utah 1993, Chapter 212)
63A-5b-302
, (Renumbered from 63A-5-203, as renumbered and amended by Laws of
Utah 1993, Chapter 212)
63A-5b-405
, (Renumbered from 63A-5-228, as enacted by Laws of Utah 2019, Chapter
468)
63A-5b-503
, (Renumbered from 63A-5-211, as last amended by Laws of Utah 2011,
Chapter 303)
63A-5b-605
, (Renumbered from 63A-5-208, as last amended by Laws of Utah 2016,
Chapter 348)
63A-5b-607
, (Renumbered from 63A-5-205.5, as enacted by Laws of Utah 2018,
Chapter 319)
63A-5b-608
, (Renumbered from 63A-5-207, as last amended by Laws of Utah 2000,
Chapter 231)
63A-5b-609
, (Renumbered from 63A-5-209, as last amended by Laws of Utah 2019,
Chapter 468)
63A-5b-610
, (Renumbered from 63A-5-219, as last amended by Laws of Utah 2002,
Fifth Special Session, Chapter 20)
63A-5b-802
, (Renumbered from 63A-5-302, as last amended by Laws of Utah 2012,
Chapter 347)
63A-5b-803
, (Renumbered from 63A-5-303, as enacted by Laws of Utah 1995, Chapter
113)
63A-5b-804
, (Renumbered from 63A-5-304, as enacted by Laws of Utah 1995, Chapter
113)
63A-5b-805
, (Renumbered from 63A-5-305, as last amended by Laws of Utah 2016,
Chapter 240)
63A-5b-806
, (Renumbered from 63A-5-401, as last amended by Laws of Utah 2019,
Chapter 195)
63A-5b-901
, (Renumbered from 63A-5a-102, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-902
, (Renumbered from 63A-5a-103, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-903
, (Renumbered from 63A-5a-104, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-904
, (Renumbered from 63A-5a-201, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-905
, (Renumbered from 63A-5a-202, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-906
, (Renumbered from 63A-5a-203, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-907
, (Renumbered from 63A-5a-204, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-908
, (Renumbered from 63A-5a-205, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-909
, (Renumbered from 63A-5a-206, as enacted by Laws of Utah 2019,
Chapter 195)
63A-5b-910
, (Renumbered from 63A-5-215, as last amended by Laws of Utah 2018,
Chapter 404)
63A-5b-911
, (Renumbered from 63A-5-224, as enacted by Laws of Utah 2009, Chapter
53)
63A-5b-912
, (Renumbered from 63A-5-226, as enacted by Laws of Utah 2016, Chapter
298)
63A-5b-1002
, (Renumbered from 63A-5-701, as last amended by Laws of Utah 2015,
Chapter 181)
63A-5b-1003
, (Renumbered from 63A-5-603, as last amended by Laws of Utah 2016,
Chapter 322)
63A-5b-1102
, (Renumbered from 63A-5-801, as last amended by Laws of Utah 2008,
Chapter 360 and renumbered and amended by Laws of Utah 2008, Chapter 382)
63A-5b-1106
, (Renumbered from 63A-5-222, as last amended by Laws of Utah 2009,
Chapters 53 and 344)
63A-5b-1107
, (Renumbered from 63A-5-225, as last amended by Laws of Utah 2019,
Chapter 246)
REPEALS:
63A-5-100
, as enacted by Laws of Utah 2017, Chapter 355
63A-5-101
, as last amended by Laws of Utah 2017, Chapter 355
63A-5-101.5
, as enacted by Laws of Utah 2017, Chapter 355
63A-5-102
, as last amended by Laws of Utah 2012, Chapter 199
63A-5-103
, as last amended by Laws of Utah 2019, Chapter 195
63A-5-104
, as last amended by Laws of Utah 2019, Chapters 468 and 482
63A-5-202
, as enacted by Laws of Utah 1993, Chapter 212
63A-5-204
, as last amended by Laws of Utah 2019, Chapters 195 and 255
63A-5-205
, as last amended by Laws of Utah 2018, Chapter 319
63A-5-206
, as last amended by Laws of Utah 2019, Chapter 195
63A-5-216
, as renumbered and amended by Laws of Utah 1993, Chapter 212
63A-5-223
, as enacted by Laws of Utah 2009, Chapter 217
63A-5-301
, as last amended by Laws of Utah 2007, Chapter 12
63A-5-501
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63A-5-502
, as last amended by Laws of Utah 2018, Chapter 148
63A-5-601
, as renumbered and amended by Laws of Utah 2008, Chapters 334 and 382
63A-5-602
, as last amended by Laws of Utah 2017, Chapter 181
63A-5a-101
, as enacted by Laws of Utah 2019, Chapter 195
Utah Code Sections Affected by Coordination Clause:
63A-5-205.5
, as enacted by Laws of Utah 2018, Chapter 319
63A-5b-607
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-44-201
 is amended to read:
11-44-201.
Political subdivision responsibilities -- State responsibilities.
(1) A political subdivision may:
(a) enter into a performance efficiency agreement;
(b) develop and administer a performance efficiency program;
(c) analyze energy consumption by the political subdivision;
(d) designate a staff member who is responsible for a performance efficiency program;
and
(e) provide the governing body of the political subdivision with information regarding
the performance efficiency program.
(2) The following entities may provide information, technical resources, and other
assistance to a political subdivision acting under this chapter:
(a) the Utah Geological Survey, created in Section 
79-3-201
;
(b) the State Board of Education;
(c) the Division of Purchasing and General Services, created in Section 
63A-2-101
;
and
(d) the Division of Facilities Construction and Management, created in Section
[
63A-5-201
] 
63A-5b-301
.
Section 2. Section 
11-59-302
 is amended to read:
11-59-302.
Number of board members -- Appointment -- Vacancies -- Chairs.
(1) The board shall consist of 11 members as provided in Subsection (2).
(2) (a) The president of the Senate shall appoint two members of the Senate to serve as
members of the board.
(b) The speaker of the House of Representatives shall appoint two members of the
House of Representatives to serve as members of the board.
(c) The governor shall appoint four individuals to serve as members of the board:
(i) one of whom shall be a member of the board of or employed by the Governor's
Office of Economic Development, created in Section 
63N-1-201
; and
(ii) one of whom shall be an employee of the Division of Facilities Construction and
Management, created in Section [
63A-5-201
] 
63A-5b-301
.
(d) The Salt Lake County mayor shall appoint one board member, who shall be an
elected Salt Lake County government official.
(e) The mayor of Draper, or a member of the Draper city council that the mayor
designates, shall serve as a board member.
(f) The commissioner of higher education, appointed under Section 
53B-1-105
, or the
commissioner's designee, shall serve as a board member.
(3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
same manner under this section as the appointment of the member whose vacancy is being
filled.
(ii) If the mayor of Draper or commissioner of higher education is removed as a board
member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
case may be, shall designate an individual to serve as a member of the board, as provided in
Subsection (2)(e) or (f), respectively.
(b) Each person appointed or designated to fill a vacancy shall serve the remaining
unexpired term of the member whose vacancy the person is filling.
(4) A member of the board appointed by the governor, president of the Senate, or
speaker of the House of Representatives serves at the pleasure of and may be removed and
replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
of the House of Representatives, respectively.
(5) A member of the board may be removed by a vote of two-thirds of all members of
the board.
(6) (a) The governor shall appoint one board member to serve as cochair of the board.
(b) The president of the Senate and speaker of the House of Representatives shall
jointly appoint one legislative member of the board to serve as cochair of the board. 
Section 3. Section 
11-59-304
 is amended to read:
11-59-304.
Staff and other support services -- Cooperation from state and local
government entities.
(1) As used in this section:
(a) "Division" means the Division of Facilities Construction and Management, created
in Section [
63A-5-201
] 
63A-5b-301
.
(b) "Office" means the Governor's Office of Economic Development, created in
Section 
63N-1-201
.
(2) If and as requested by the board:
(a) the division shall:
(i) provide staff support to the board; and
(ii) make available to the board existing division resources and expertise to assist the
board in the development, marketing, and disposition of the point of the mountain state land;
and
(b) the office shall cooperate with and provide assistance to the board in the board's:
(i) formulation of a development plan for the point of the mountain state land; and
(ii) management and implementation of a development plan, including the marketing
of property and recruitment of businesses and others to locate on the point of the mountain
state land.
(3) A department, division, or other agency of the state and a political subdivision of
the state shall cooperate with the authority and the board to the fullest extent possible to
provide whatever support, information, or other assistance the board requests that is reasonably
necessary to help the authority fulfill its duties and responsibilities under this chapter. 
Section 4. Section 
11-59-501
 is amended to read:
11-59-501.
Dissolution of authority -- Restrictions -- Publishing notice of
dissolution -- Authority records -- Dissolution expenses.
(1) The authority may not be dissolved unless:
(a) the authority board first receives approval from the Legislative Management
Committee of the Legislature to dissolve the authority; and
(b) the authority has no outstanding bonded indebtedness, other unpaid loans,
indebtedness, or advances, and no legally binding contractual obligations with persons or
entities other than the state.
(2) To dissolve the authority, the board shall:
(a) obtain the approval of the Legislative Management Committee of the Legislature;
and
(b) adopt a resolution dissolving the authority, to become effective as provided in the
resolution.
(3) Upon the dissolution of the authority:
(a) the Governor's Office of Economic Development shall publish a notice of
dissolution:
(i) in a newspaper of general circulation in the county in which the dissolved authority
is located; and
(ii) as required in Section 
45-1-101
; and
(b) all title to property owned by the authority vests in the Division of Facilities
Construction and Management, created in Section [
63A-5-201
] 
63A-5b-301
, for the benefit of
the state.
(4) The board shall deposit all books, documents, records, papers, and seal of the
dissolved authority with the state auditor for safekeeping and reference.
(5) The authority shall pay all expenses of the deactivation and dissolution. 
Section 5. Section 
17B-2a-818.5
 is amended to read:
17B-2a-818.5.
Contracting powers of public transit districts -- Health insurance
coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(e) "Qualified health insurance coverage" means the same as that term is defined in
Section 
26-40-115
.
(f) "Subcontractor" means the same as that term is defined in Section [
63A-5-208
]
63A-5b-605
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by the public transit
district on or after July 1, 2009, if the prime contract is in an aggregate amount equal to or
greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by
the public transit district on or after July 1, 2009, if the subcontract is in an aggregate amount
equal to or greater than $1,000,000.
(3) The requirements of this section do not apply to a contractor or subcontractor
described in Subsection (2) if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract is a sole source contract; or
(c) the contract is an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
public transit district that the contractor has and will maintain an offer of qualified health
insurance coverage for the contractor's employees and the employee's dependents during the
duration of the contract by submitting to the public transit district a written statement that:
(i) the contractor offers qualified health insurance coverage that complies with Section
26-40-115
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer; or
(B) an underwriter who is responsible for developing the employer group's premium
rates; and
(iii) was created within one year before the day on which the statement is submitted.
(b) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health insurance coverage for the subcontractor's employees and the employees' dependents
during the duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health insurance coverage that complies with
Section 
26-40-115
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, or an
underwriter who is responsible for developing the employer group's premium rates; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(c) (i) (A) A contractor that fails to maintain an offer of qualified health insurance
coverage as described in Subsection (5)(a) during the duration of the contract is subject to
penalties in accordance with an ordinance adopted by the public transit district under
Subsection (6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health insurance coverage described in Subsection (5)(b)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
insurance coverage described in Subsection (5)(b)(i) during the duration of the subcontract is
subject to penalties in accordance with an ordinance adopted by the public transit district under
Subsection (6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health insurance coverage described in Subsection (5)(a).
(6) The public transit district shall adopt ordinances:
(a) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) the State Building Board in accordance with Section [
63A-5-205.5
] 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
; and
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(b) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the public transit district or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(b)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the public transit district upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the public transit district upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health insurance coverage for employees and dependents of employees of
the contractor or subcontractor who were not offered qualified health insurance coverage
during the duration of the contract; and
(iii) a website on which the district shall post the commercially equivalent benchmark,
for the qualified health insurance coverage identified in Subsection (1)(e), that is provided by
the Department of Health, in accordance with Subsection 
26-40-115
(2).
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(b)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health insurance
coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(b)(ii); or
(B) a department or division determines that compliance with this section is not
required under the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section 
26-18-402
.
(9) The failure of a contractor or subcontractor to provide qualified health insurance
coverage as required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
Section 6. Section 
19-1-206
 is amended to read:
19-1-206.
Contracting powers of department -- Health insurance coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(e) "Qualified health insurance coverage" means the same as that term is defined in
Section 
26-40-115
.
(f) "Subcontractor" means the same as that term is defined in Section [
63A-5-208
]
63A-5b-605
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by, or delegated to, the
department, or a division or board of the department, on or after July 1, 2009, if the prime
contract is in an aggregate amount equal to or greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by,
or delegated to, the department, or a division or board of the department, on or after July 1,
2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000.
(3) This section does not apply to contracts entered into by the department or a division
or board of the department if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract or agreement is between:
(i) the department or a division or board of the department; and
(ii) (A) another agency of the state;
(B) the federal government;
(C) another state;
(D) an interstate agency;
(E) a political subdivision of this state; or
(F) a political subdivision of another state;
(c) the executive director determines that applying the requirements of this section to a
particular contract interferes with the effective response to an immediate health and safety
threat from the environment; or
(d) the contract is:
(i) a sole source contract; or
(ii) an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
executive director that the contractor has and will maintain an offer of qualified health
insurance coverage for the contractor's employees and the employees' dependents during the
duration of the contract by submitting to the executive director a written statement that:
(i) the contractor offers qualified health insurance coverage that complies with Section
26-40-115
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer; or
(B) an underwriter who is responsible for developing the employer group's premium
rates; and
(iii) was created within one year before the day on which the statement is submitted.
(b) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health insurance coverage for the subcontractor's employees and the employees' dependents
during the duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health insurance coverage that complies with
Section 
26-40-115
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, or an
underwriter who is responsible for developing the employer group's premium rates; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(c) (i) (A) A contractor that fails to maintain an offer of qualified health insurance
coverage described in Subsection (5)(a) during the duration of the contract is subject to
penalties in accordance with administrative rules adopted by the department under Subsection
(6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health insurance coverage described in Subsection (5)(b)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
insurance coverage described in Subsection (5)(b) during the duration of the subcontract is
subject to penalties in accordance with administrative rules adopted by the department under
Subsection (6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health insurance coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) a public transit district in accordance with Section 
17B-2a-818.5
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) the State Building Board in accordance with Section [
63A-5-205.5
] 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(vi) the Legislature's Administrative Rules Review Committee; and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(b)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) notwithstanding Section 
19-1-303
, monetary penalties which may not exceed 50%
of the amount necessary to purchase qualified health insurance coverage for an employee and
the dependents of an employee of the contractor or subcontractor who was not offered qualified
health insurance coverage during the duration of the contract; and
(iii) a website on which the department shall post the commercially equivalent
benchmark, for the qualified health insurance coverage identified in Subsection (1)(e), that is
provided by the Department of Health, in accordance with Subsection 
26-40-115
(2).
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health insurance
coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(b)(ii); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section 
26-18-402
.
(9) The failure of a contractor or subcontractor to provide qualified health insurance
coverage as required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
Section 7. Section 
26-18-402
 is amended to read:
26-18-402.
Medicaid Restricted Account.
(1) There is created a restricted account in the General Fund known as the Medicaid
Restricted Account.
(2) (a) Except as provided in Subsection (3), the following shall be deposited into the
Medicaid Restricted Account:
(i) any general funds appropriated to the department for the state plan for medical
assistance or for the Division of Health Care Financing that are not expended by the
department in the fiscal year for which the general funds were appropriated and which are not
otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account;
(ii) any unused state funds that are associated with the Medicaid program, as defined in
Section 
26-18-2
, from the Department of Workforce Services and the Department of Human
Services; and
(iii) any penalties imposed and collected under:
(A) Section 
17B-2a-818.5
;
(B) Section 
19-1-206
;
(C) Section [
63A-5-205.5
] 
63A-5b-607
;
(D) Section 
63C-9-403
;
(E) Section 
72-6-107.5
; or
(F) Section 
79-2-404
.
(b) The account shall earn interest and all interest earned shall be deposited into the
account.
(c) The Legislature may appropriate money in the restricted account to fund programs
that expand medical assistance coverage and private health insurance plans to low income
persons who have not traditionally been served by Medicaid, including the Utah Children's
Health Insurance Program created in Chapter 40, Utah Children's Health Insurance Act.
(3) For fiscal years 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 the following
funds are nonlapsing:
(a) any general funds appropriated to the department for the state plan for medical
assistance, or for the Division of Health Care Financing that are not expended by the
department in the fiscal year in which the general funds were appropriated; and
(b) funds described in Subsection (2)(a)(ii).
Section 8. Section 
26-40-115
 is amended to read:
26-40-115.
State contractor -- Employee and dependent health benefit plan
coverage.
(1) For purposes of Sections 
17B-2a-818.5
, 
19-1-206
, [
63A-5-205.5
] 
63A-5b-607
,
63C-9-403
, 
72-6-107.5
, and 
79-2-404
, "qualified health insurance coverage" means, at the time
the contract is entered into or renewed:
(a) a health benefit plan and employer contribution level with a combined actuarial
value at least actuarially equivalent to the combined actuarial value of the benchmark plan
determined by the program under Subsection 
26-40-106
(1)(a), and a contribution level at
which the employer pays at least 50% of the premium for the employee and the dependents of
the employee who reside or work in the state; or
(b) a federally qualified high deductible health plan that, at a minimum:
(i) has a deductible that is:
(A) the lowest deductible permitted for a federally qualified high deductible health
plan; or
(B) a deductible that is higher than the lowest deductible permitted for a federally
qualified high deductible health plan, but includes an employer contribution to a health savings
account in a dollar amount at least equal to the dollar amount difference between the lowest
deductible permitted for a federally qualified high deductible plan and the deductible for the
employer offered federally qualified high deductible plan;
(ii) has an out-of-pocket maximum that does not exceed three times the amount of the
annual deductible; and
(iii) provides that the employer pays 60% of the premium for the employee and the
dependents of the employee who work or reside in the state.
(2) The department shall:
(a) on or before July 1, 2016:
(i) determine the commercial equivalent of the benchmark plan described in Subsection
(1)(a); and
(ii) post the commercially equivalent benchmark plan described in Subsection (2)(a)(i)
on the department's website, noting the date posted; and
(b) update the posted commercially equivalent benchmark plan annually and at the
time of any change in the benchmark.
Section 9. Section 
51-11-102
 is amended to read:
51-11-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Facilities Construction and Management created
in Section [
63A-5-201
] 
63A-5b-301
.
(2) "Fund" means the Winter Sports Venue Grant Fund.
(3) "Improve" or "improvements" means the replacement or addition to infrastructure,
buildings, building components, or facility equipment.
(4) "Venue" means a facility:
(a) designed and currently approved under standards developed by a generally
recognized sports federation to host world-class level, international winter sports competitions;
and
(b) used for recreational, developmental, and competitive athletic training.
(5) "Venue operator" means a person who:
(a) (i) operates a venue; and
(ii) the venue is exempt from federal income taxation under Section 501(c)(3), Internal
Revenue Code; or
(b) owns a venue or operates a venue under contract with the public owner of the
venue.
Section 10. Section 
53B-2-109
 is amended to read:
53B-2-109.
Notice to local government when constructing student housing.
(1) Each institution that intends to construct student housing on property owned by the
institution shall provide written notice of the intended construction, as provided in Subsection
(2), before any funds are committed to the construction, if any of the proposed student housing
buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if
applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is
located; or
(b) the municipality in whose boundaries the privately owned residential property is
located.
(3) (a) (i) Within 21 days after receiving the notice required by Subsection (1), a county
or municipality entitled to the notice may submit a written request to the institution for a public
hearing on the proposed student housing construction.
(ii) Each county or municipality that submits a written request for a hearing under
Subsection (3)(a) shall deliver a copy of the request to the Division of Facilities Construction
and Management.
(b) If a county or municipality requests a hearing under Subsection (3)(a), the
legislative body of the affected county or municipality and the institution shall jointly hold a
public hearing to provide information to the public and to allow the institution and the county
or municipality to receive input from the public about the proposed student housing
construction.
(c) A public hearing held under Subsection (3)(a) satisfies the public hearing
requirement of Subsection [
63A-5-206
(13)(b)
] 
63A-5b-1104
(2)
 for the same proposed student
housing construction.
Section 11. Section 
53B-2a-101
 is amended to read:
53B-2a-101.
Definitions.
As used in this chapter:
(1) "Board of trustees" means the UTech Board of Trustees.
(2) "Capital [
developments
] 
development
" means the same as [
that term is
] 
capital
development project, as
 defined in Section [
63A-5-104
] 
63A-5b-401
.
(3) "Commissioner of technical education" means the UTech commissioner of
technical education.
(4) "Competency-based" means mastery of subject matter or skill level, as
demonstrated through business and industry approved standards and assessments, achieved
through participation in a hands-on learning environment, and which is tied to observable,
measurable performance objectives.
(5) "Dedicated project" means a capital development project for which state funds from
the Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
 are requested or
used.
(6) "Nondedicated project" means a capital development project for which state funds
from a source other than the Technical Colleges Capital Projects Fund created in Section
53B-2a-118
 are requested or used.
(7) "Open-entry, open-exit" means:
(a) a method of instructional delivery that allows for flexible scheduling in response to
individual student needs or requirements and demonstrated competency when knowledge and
skills have been mastered;
(b) students have the flexibility to begin or end study at any time, progress through
course material at their own pace, and demonstrate competency when knowledge and skills
have been mastered; and
(c) if competency is demonstrated in a program of study, a credential, certificate, or
diploma may be awarded.
(8) "State funds" means the same as that term is defined in Section [
63A-5-104
]
63A-5b-401
.
(9) "UTech" means the Utah System of Technical Colleges described in Section
53B-1-102
.
Section 12. Section 
53B-2a-117
 is amended to read:
53B-2a-117.
Legislative approval -- Capital development projects --
Prioritization.
(1) As used in this section:
(a) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers
as published by the Bureau of Labor Statistics of the United States Department of Labor.
(b) "Fund" means the Technical Colleges Capital Projects Fund created in Section
53B-2a-118
.
(2) In accordance with this section, a technical college is required to receive legislative
approval in an appropriations act for a dedicated project or a nondedicated project.
(3) In accordance with Section 
53B-2a-112
, a technical college shall submit to the
board of trustees a proposal for a funding request for each dedicated project or nondedicated
project for which the technical college seeks legislative approval.
(4) The board of trustees shall:
(a) review each proposal submitted under Subsection (3) to ensure that the proposal
complies with Section 
53B-2a-112
;
(b) based on the results of the board of trustees' review under Subsection (4)(a), create:
(i) a list of approved dedicated projects, prioritized in accordance with Subsection (6);
and
(ii) a list of approved nondedicated projects, prioritized in accordance with Subsection
(6); and
(c) submit the lists described in Subsection (4)(b) to:
(i) the governor;
(ii) the Infrastructure and General Government Appropriations Subcommittee;
(iii) the Higher Education Appropriations Subcommittee; and
(iv) the State Building Board for the State Building Board's:
(A) recommendation, for the list described in Subsection (4)(b)(i); or
(B) recommendation and prioritization, for the list described in Subsection (4)(b)(ii).
(5) A dedicated project:
(a) is subject to the State Building Board's recommendation as described in Section
[
63A-5-104
] 
63A-5b-403
; and
(b) is not subject to the State Building Board's prioritization as described in Section
[
63A-5-104
] 
63A-5b-403
.
(6) (a) Subject to Subsection (7), the board of trustees shall prioritize funding requests
for capital development projects described in this section based on:
(i) growth and capacity;
(ii) effectiveness and support of critical programs;
(iii) cost effectiveness;
(iv) building deficiencies and life safety concerns; and
(v) alternative funding sources.
(b) On or before August 1, 2019, the board of trustees shall establish:
(i) how the board of trustees will measure each factor described in Subsection (6)(a);
and
(ii) procedures for prioritizing funding requests for capital development projects
described in this section.
(7) (a) Subject to Subsection (7)(b), and in accordance with Subsection (6), the board
of trustees may annually prioritize:
(i) up to three nondedicated projects if the ongoing appropriation to the fund is less
than $7,000,000;
(ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
$7,000,000 but less than $14,000,000; or
(iii) one nondedicated project if the ongoing appropriation to the fund is at least
$14,000,000.
(b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
described in Subsection (7)(a) shall be adjusted by an amount equal to the percentage
difference between:
(i) the Consumer Price Index for the 2019 calendar year; and
(ii) the Consumer Price Index for the previous calendar year.
(8) (a) A technical college may request operations and maintenance funds for a capital
development project approved under this section.
(b) The Legislature shall consider a technical college's request described in Subsection
(8)(a).
Section 13. Section 
53B-22-201
 is amended to read:
53B-22-201.
Definitions.
As used in this part:
(1) "Capital [
developments
] 
development
" means the same as [
that term is
] 
capital
development project, as
 defined in Section [
63A-5-104
] 
63A-5b-401
.
(2) "Consumer Price Index" means the Consumer Price Index for All Urban
Consumers as published by the Bureau of Labor Statistics of the United States Department of
Labor.
(3) "Dedicated project" means a capital development project for which state funds from
an institution's allocation are requested or used.
(4) "Fund" means the Higher Education Capital Projects Fund created in Section
53B-22-202
.
(5) "Institution" means a college or university that is part of the Utah System of Higher
Education described in Section 
53B-1-102
.
(6) "Institution's allocation" means the total amount of money in the fund that an
institution has been allocated in accordance with Section 
53B-22-203
.
(7) "Nondedicated project" means a capital development project for which state funds
from a source other than an institution's allocation are requested or used.
(8) "State funds" means the same as that term is defined in Section [
63A-5-104
]
63A-5b-401
.
Section 14. Section 
53B-22-204
 is amended to read:
53B-22-204.
Funding request for capital development project -- Legislative
approval -- Board prioritization, approval, and review.
(1) In accordance with this section, an institution is required to receive legislative
approval in an appropriations act for a dedicated project or a nondedicated project.
(2) An institution shall submit to the board a proposal for a funding request for each
dedicated project or nondedicated project for which the institution seeks legislative approval.
(3) The board shall:
(a) review each proposal submitted under Subsection (2) to ensure the proposal:
(i) is cost effective and an efficient use of resources;
(ii) is consistent with the institution's mission and master plan; and
(iii) fulfills a critical institutional facility need;
(b) based on the results of the board's review under Subsection (3)(a), create:
(i) a list of approved dedicated projects; and
(ii) a list of approved nondedicated projects, prioritized in accordance with Subsection
(5); and
(c) submit the lists described in Subsection (3)(b) to:
(i) the governor;
(ii) the Infrastructure and General Government Appropriations Subcommittee;
(iii) the Higher Education Appropriations Subcommittee; and
(iv) the State Building Board for the State Building Board's:
(A) recommendation, for the list described in Subsection (3)(b)(i); or
(B) recommendation and prioritization, for the list described in Subsection (3)(b)(ii).
(4) A dedicated project:
(a) is subject to the State Building Board's recommendation as described in Section
[
63A-5-104
] 
63A-5b-403
; and
(b) is not subject to the State Building Board's prioritization as described in Section
[
63A-5-104
] 
63A-5b-403
.
(5) (a) Subject to Subsection (6), the board shall prioritize institution requests for
funding for nondedicated projects based on:
(i) capital facility need;
(ii) utilization of facilities;
(iii) maintenance and condition of facilities; and
(iv) any other factor determined by the board.
(b) On or before August 1, 2019, the board shall establish how the board will prioritize
institution requests for funding for nondedicated projects, including:
(i) how the board will measure each factor described in Subsection (5)(a); and
(ii) procedures for prioritizing requests.
(6) (a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board
may annually prioritize:
(i) up to three nondedicated projects if the ongoing appropriation to the fund is less
than $50,000,000;
(ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
$50,000,000 but less than $100,000,000; or
(iii) one nondedicated project if the ongoing appropriation to the fund is at least
$100,000,000.
(b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
described in Subsection (6)(a) shall be adjusted by an amount equal to the percentage
difference between:
(i) the Consumer Price Index for the 2019 calendar year; and
(ii) the Consumer Price Index for the previous calendar year.
(7) (a) An institution may request operations and maintenance funds for a capital
development project approved under this section.
(b) The Legislature shall consider an institution's request described in Subsection
(7)(a).
(8) After an institution completes a capital development project described in this
section, the board shall review the capital development project, including the costs and design
of the capital development project.
Section 15. Section 
63A-1-112
 is amended to read:
63A-1-112.
Certificates of participation -- Legislative approval required --
Definition -- Exception.
(1) (a) Certificates of participation for either capital facilities or capital improvements
may not be issued by the department, its subdivisions, or any other state agency after July 1,
1985, without prior legislative approval.
(b) Nothing in this section affects the rights and obligations surrounding certificates of
participation that were issued prior to July 1, 1985.
(2) (a) As used in this section, "certificate of participation" means an instrument that
acts as evidence of the certificate holder's undivided interest in property being lease-purchased,
the payment on which is subject to appropriation by the Legislature.
(b) (i) As used in this Subsection (2)(b), "performance efficiency agreement" means the
same as that term is defined in Section [
63A-5-701
] 
63A-5b-1001
.
(ii) "Certificate of participation" does not include a performance efficiency agreement.
Section 16. Section 
63A-5b-101
 is enacted to read:
CHAPTER 5b. ADMINISTRATION OF STATE FACILITIES
Part 1. General Provisions
 63A-5b-101.
Title.
This chapter is known as "Administration of State Facilities."
Section 17. Section 
63A-5b-102
 is enacted to read:
 63A-5b-102.
Definitions.
As used in this chapter:
(1) "Board" means the state building board created in Section 
63A-5b-201
.
(2) "Board of Regents" means the State Board of Regents established in Section
53B-1-103
.
(3) "Capitol hill facilities" means the same as that term is defined in Section
63C-9-102
.
(4) "Capitol hill grounds" means the same as that term is defined in Section 
63C-9-102
.
(5) "Compliance agency" means the same as that term is defined in Section 
15A-1-202
.
(6) "Director" means the division director, appointed under Section 
63A-5b-302
.
(7) "Division" means the Division of Facilities Construction and Management created
in Section 
63A-5b-301
.
(8) "Institution of higher education" means an institution listed in Subsection
53B-2-101
(1).
(9) "Trust lands administration" means the School and Institutional Trust Lands
Administration established in Section 
53C-1-201
.
(10) "UTech board" means the UTech Board of Trustees created in Section
53B-2a-103
.
Section 18. Section 
63A-5b-201
 is enacted to read:
Part 2. State Building Board
 63A-5b-201.
Creation of state building board -- Composition -- Appointment --
Per diem and expenses -- Board officers.
(1) There is created within the department the state building board.
(2) (a) The board is composed of eight members, seven of whom are voting members
appointed by the governor.
(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.
(3) The term of a voting board member is four years, except that the governor shall, at
the time of a member's appointment or reappointment, adjust the length of the member's term,
as necessary, to ensure that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership of the voting members of the board for
any reason, the governor shall appoint a replacement for the unexpired term of the member
who created the vacancy.
(5) (a) A voting board member shall hold office until a successor is appointed and
qualified.
(b) A voting board member may not serve more than two consecutive terms.
(6) The governor shall designate one board member as the board chair.
(7) 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) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(8) A member of the board is not required to post a bond for the performance of the
member's official duties.
(9) The executive director or the executive director's designee shall serve as secretary
to the board and shall:
(a) manage scheduling for the board and the board's calendar;
(b) establish and manage the agenda for meetings of the board;
(c) keep the minutes of board meetings;
(d) assist the board in the board's obligation to comply with Title 52, Chapter 4, Utah
Open and Public Meetings Act;
(e) (i) assist the board in the board's obligation to comply with Title 63G, Chapter 2,
Government Records Access and Management Act; and
(ii) act as the board's records officer, as defined in Section 
63G-2-103
; and
(f) assist the board in the board's obligation to comply with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
Section 19. Section 
63A-5b-202
 is enacted to read:
 63A-5b-202.
State building Board powers and duties.
(1) The board may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules that are necessary to discharge the board's duties.
(2) The board shall:
(a) review and approve agency master plans of structures built or contemplated;
(b) submit capital development recommendations and priorities to the Legislature as
set forth in Section 
63A-5b-402
;
(c) submit recommendations for dedicated projects and prioritize nondedicated projects
as provided in Section 
63A-5b-403
;
(d) make a finding that the requirements of Section 
53B-2a-112
 are met before the
board may consider a funding request from the UTech board pertaining to new capital facilities
and land purchases; and
(e) fulfill the board's responsibilities under:
(i) Section 
63A-5b-802
, relating to the approval of leases with terms of more than 10
years;
(ii) Section 
63A-5b-907
, relating to vacant division-owned property; and
(iii) Section 
63A-5b-1003
, relating to the approval of loans from the state facility
energy efficiency fund.
(3) The board may:
(a) authorize capital development projects without Legislative approval only as
authorized in Section 
63A-5b-404
; and
(b) make rules relating to the categorical delegation of projects as provided in
Subsection 
63A-5b-604
(4).
Section 20. Section 
63A-5b-203
 is enacted to read:
 63A-5b-203.
Meetings of state building board -- Rules of procedure -- Quorum.
(1) The board shall meet quarterly and at other times at the call of the executive
director or at the request of the board chair.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall adopt rules of procedure for the conduct of the board's meetings.
(3) Four members of the board constitute a quorum for the transaction of business.
(4) The board shall conduct all meetings of the board in accordance with Title 52,
Chapter 4, Open and Public Meetings Act.
Section 21. Section 
63A-5b-301
, which is renumbered from Section 63A-5-201 is
renumbered and amended to read:
Part 3. Division of Facilities Construction and Management
[
63A-5-201
].
 63A-5b-301.
Creation -- Administration.
There is created within the department the Division of Facilities Construction and
Management, to be administered by a director.
Section 22. Section 
63A-5b-302
, which is renumbered from Section 63A-5-203 is
renumbered and amended to read:
[
63A-5-203
].
 63A-5b-302.
Director of division -- Appointment.
The executive director shall appoint the director of the division with the approval of the
governor.
Section 23. Section 
63A-5b-303
 is enacted to read:
 63A-5b-303.
Duties and authority of division.
(1) (a) The division shall:
(i) subject to Subsection (1)(b), supervise and control the allocation of space, in
accordance with legislative directive through annual appropriations acts, other legislation, or
statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except
as provided in Subsection (3) or as otherwise provided by statute;
(ii) assure the efficient use of all building space under the division's supervision and
control;
(iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by
the state or an agency, as authorized by the Legislature through an appropriation act, other
legislation, or statute, subject to Subsection (1)(c);
(iv) except as otherwise provided by statute, hold title to all real property, buildings,
fixtures, and appurtenances owned by the state or an agency;
(v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
title to or an interest in property belonging to the state or of the state's departments, except
institutions of higher education and the trust lands administration;
(vi) (A) periodically conduct a market analysis of proposed rates and fees; and
(B) include in a market analysis a comparison of the division's rates and fees with the
rates and fees of other public or private sector providers of comparable services, if rates and
fees for comparable services are reasonably available;
(vii) implement the state building energy efficiency program under Section
63A-5b-1002
;
(viii) convey, lease, or dispose of the real property, water rights, or water shares
associated with the Utah State Developmental Center if directed to do so by the Utah State
Developmental Center board, as provided in Subsection 
62A-5-206.6
(2); and
(ix) take all other action that the division is required to do under this chapter or other
applicable statute.
(b) In making an allocation of space under Subsection (1)(a)(i), the division shall
conduct one or more studies to determine the actual needs of each agency.
(c) The division may, without legislative approval, acquire title to real property for use
by the state or an agency if the acquisition cost does not exceed $250,000.
(2) The division may:
(a) sue and be sued;
(b) as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or
otherwise, and hold real or personal property necessary for the discharge of the division's
duties; and
(c) take all other action necessary for carrying out the purposes of this chapter.
(3) (a) The division may not supervise or control the allocation of space for an
institution of higher education or an entity in the public education system.
(b) The supervision and control of the legislative area is reserved to the Legislature.
(c) The supervision and control of the trial courts area is reserved to the judiciary.
(d) The supervision and control of capitol hill facilities and capitol hill grounds is
reserved to the State Capitol Preservation Board.
(4) Before the division charges a rate, fee, or other amount for a service provided by
the division's internal service fund to an executive branch agency, or to a service subscriber
other than an executive branch agency, the division shall:
(a) submit an analysis of the proposed rate, fee, or other amount to the rate committee
created in Section 
63A-1-114
; and
(b) obtain the approval of the Legislature as required by Section 
63J-1-410
.
Section 24. Section 
63A-5b-304
 is enacted to read:
 63A-5b-304.
Agencies authorized to hold title.
Notwithstanding Section 
63A-5b-303
, an agency may hold title to real property that the
agency occupies for a purpose other than the agency's administrative offices, if the agency is:
(1) the Department of Transportation;
(2) the Department of Natural Resources;
(3) the Department of Workforce Services;
(4) the Division of Forestry, Fire, and State Lands;
(5) the Utah National Guard;
(6) an area vocational center or other institution administered by the State Board of
Education;
(7) the trust lands administration; and
(8) an institution of higher education.
Section 25. Section 
63A-5b-305
 is enacted to read:
 63A-5b-305.
Duties and authority of director.
(1) The director shall:
(a) administer the division's duties and responsibilities;
(b) report all property acquired by the state, except property acquired by an institution
of higher education or the trust lands administration, to the director of the Division of Finance
for inclusion in the state's financial records;
(c) after receiving the notice required under Subsection 
10-2-419
(3)(d), file a written
protest at or before the public hearing under Subsection 
10-2-419
(2)(b), if:
(i) it is in the best interest of the state to protest the boundary adjustment; or
(ii) the Legislature instructs the director to protest the boundary adjustment; and
(d) take all other action that the director is required to take under this chapter or other
applicable statute.
(2) The director may:
(a) create forms and make policies necessary for the division or director to perform the
division or director's duties;
(b) (i) hire or otherwise procure assistance and service, professional, skilled, or
otherwise, necessary to carry out the director's duties under this chapter; and
(ii) expend funds provided for the purpose described in Subsection (2)(b)(i) through
annual operation budget appropriations or from other nonlapsing project funds;
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules necessary for the division or director to perform the division or director's duties;
and
(d) take all other action necessary for carrying out the purposes of this chapter.
Section 26. Section 
63A-5b-401
 is enacted to read:
Part 4. Development of Capital Facilities
 63A-5b-401.
Definitions.
As used in this part:
(1) (a) "Capital development project" means:
(i) a remodeling or site or utility improvement project with a total cost of $3,500,000 or
more;
(ii) a new facility with a construction cost of $500,000 or more; or
(iii) a purchase of real property if an appropriation is requested and made for the
purchase.
(b) "Capital development project" does not include a capital improvement project.
(2) "Capital improvement project" means:
(a) a remodeling, alteration, replacement, repair, or site or utility improvement project:
(i) with a total cost of less than $3,500,000; or
(ii) (A) with a total cost of $3,500,000 or more; and
(B) that will be paid for with funds that are not state funds;
(b) a utility infrastructure improvement project that:
(i) has a total cost of less than $7,000,000;
(ii) consists of two or more projects that, if done separately, would each cost less than
$3,500,000; and
(iii) the division determines is more cost effective or feasible to be completed as a
single project; or
(c) a new facility with a total construction cost of less than $500,000.
(3) (a) "New facility" means a new building constructed on state property regardless of
the source of the funding that pays for construction of the new building.
(b) "New facility" includes:
(i) an addition to an existing building; and
(ii) the enclosure of space that was not previously fully enclosed.
(c) "New facility" does not include:
(i) 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
(ii) the construction of facilities that do not fully enclose a space.
(4) "Replacement cost" means, as determined by the Division of Risk Management:
(a) for state facilities, excluding auxiliary facilities as defined by the director, the cost
to replace those facilities; and
(b) for infrastructure, as defined by the director, the cost to replace the infrastructure.
(5) "State funds" means public money appropriated by the Legislature.
Section 27. Section 
63A-5b-402
 is enacted to read:
 63A-5b-402.
Capital development process -- Approval requirements.
(1) Except as provided in Section 
63A-5b-404
, the board shall, on behalf of all
agencies, submit capital development project recommendations and priorities to the Legislature
for approval and prioritization.
(2) An agency that requests an appropriation for a capital development project shall
submit to the division for transmission to the board a capital development project request and a
feasibility study relating to the capital development project.
(3) (a) The division shall, in consultation with the board and in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish standards and
requirements for a capital development project request and feasibility study.
(b) The rules shall include:
(i) a deadline by which an agency is required to submit a capital development project
request;
(ii) conditions under which an agency may modify the agency's capital development
project request after the agency submits the request, and requirements applicable to a
modification; and
(iii) requirements for the contents of a feasibility study, 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.
(4) The division shall verify the completion and accuracy of a feasibility study that an
agency submits under Subsection (2) prior to transmitting the feasibility study to the board.
Section 28. Section 
63A-5b-403
 is enacted to read:
 63A-5b-403.
Institutions of higher education -- Capital development projects --
Dedicated and nondedicated projects -- Recommendations and prioritization.
(1) As used in this section:
(a) "Dedicated project" has the same meaning as that term is defined in:
(i) Section 
53B-2a-101
, for a capital development project under Title 53B, Chapter 2a,
Utah System of Technical Colleges; or
(ii) Section 
53B-22-201
, for a capital development project under Title 53B, Chapter 22,
Higher Education Capital Projects.
(b) "Nondedicated project" has the same meaning as that term is defined in:
(i) Section 
53B-2a-101
, for a capital development project under Title 53B, Chapter 2a,
Utah System of Technical Colleges; or
(ii) Section 
53B-22-201
, for a capital development project under Title 53B, Chapter 22,
Higher Education Capital Projects.
(2) (a) The board shall submit recommendations to the Legislature in accordance with:
(i) Section 
53B-2a-117
, for a dedicated project under Title 53B, Chapter 2a, Utah
System of Technical Colleges; or
(ii) Section 
53B-22-204
, for a dedicated project under Title 53B, Chapter 22, Higher
Education Capital Projects.
(b) A dedicated project is not subject to prioritization by the board.
(3) (a) The board shall prioritize nondedicated projects in accordance with:
(i) Section 
63A-5b-402
; and
(ii) (A) Section 
53B-2a-117
, for a nondedicated project under Title 53B, Chapter 2a,
Utah System of Technical Colleges; or
(B) Section 
53B-22-204
, for a nondedicated project under Title 53B, Chapter 22,
Higher Education Capital Projects.
(b) In the board's scoring process for prioritizing nondedicated projects, the board shall
give more weight to a request that is designated as a higher priority by the UTech board or
Board of Regents than a request that is designated as a lower priority by the UTech board or
Board of Regents only for determining the order of prioritization among requests submitted by
the UTech board or Board of Regents, respectively.
(4) The board shall require that an institution of higher education that submits a request
for a capital development project address whether and how, as a result of the project, the
institution of higher education will:
(a) 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) respond to individual skilled and technical job demand over the next three, five,
and 10 years;
(c) respond to industry demands for trained workers;
(d) help meet commitments made by the Governor's Office of Economic Development,
including relating to training and incentives;
(e) respond to changing needs in the economy; and
(f) respond to demands for online or in-class instruction, based on demographics.
(5) The division shall:
(a) (i) assist institutions of higher education in providing the information required by
Subsection (3); and
(ii) verify the completion and accuracy of the information submitted by an institution
of higher education under Subsection (3);
(b) assist the UTech board to fulfill the requirements of Section 
53B-2a-112
 in
connection with the finding that the board is required to make under Subsection
53B-2a-112
(5)(b); and
(c) assist the Board of Regents in submitting a list of dedicated projects to the board for
approval and nondedicated projects to the board for recommendation and prioritization
pursuant to Section 
53B-22-204
.
Section 29. Section 
63A-5b-404
 is enacted to read:
 63A-5b-404.
Exceptions to requirement of legislative approval for capital
development projects.
(1) (a) Except as provided in this section, a capital development project may not be
constructed on state property without legislative approval.
(b) The board may authorize a capital development project on state property without
legislative approval only as provided in this section.
(2) (a) Legislative approval is not required for a capital development project that
consists of the design or construction of a new facility if:
(i) the board determines that the requesting agency has provided adequate assurance
that state funds will not be used for the design or construction of the facility;
(ii) the agency provides to the board a written document, signed by the head of the
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 for the resulting facility or 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 and for immediate and future capital improvements to the resulting facility; and
(iii) the board determines that the use of the state property:
(A) is appropriate and consistent with the master plan for the property; and
(B) will not create an adverse impact on the state.
(b) For a facility constructed without legislative approval under Subsection (2)(a), an
agency may not request:
(i) increased state funds for operations and maintenance; or
(ii) increased state capital improvement funding.
(3) Legislative approval is not required for:
(a) a facility:
(i) to be built with funds other than state funds and owned by an entity other than a
state entity; and
(ii) that is within a research park area at the University of Utah or Utah State
University;
(b) a facility to be built at This is the Place State Park by the This is the Place
Foundation with funds of the This is the Place Foundation or with donated services or materials
and that may include grant money from the state;
(c) a project that:
(i) is funded by the Uintah Basin Revitalization Fund or the Navajo Revitalization
Fund; and
(ii) does not provide a new facility for an agency or institution of higher education; or
(d) a project on school and institutional trust lands that:
(i) is funded by the trust lands administration from the Land Grant Management Fund;
and
(ii) does not fund construction of a new facility for an agency or institution of higher
education.
(4) (a) Legislative approval is not required for a capital development project to be built
for the Department of Transportation resulting from:
(i) an exchange of real property under Section 
72-5-111
; or
(ii) a sale or exchange of real property from a maintenance facility if the proceeds from
the sale of the real property are used for, or the real property is exchanged for:
(A) real property for another maintenance facility; or
(B) another maintenance facility, including improvements for a maintenance facility.
(b) If the Department of Transportation approves a sale or exchange under Subsection
(4)(a) for a capital development project subject to the board's approval, the Department of
Transportation shall notify the president of the Senate, the speaker of the House of
Representatives, and the cochairs of the Infrastructure and General Government Appropriations
Subcommittee of the Legislature's Joint Appropriations Committee about any new facilities to
be built or improved.
Section 30. Section 
63A-5b-405
, which is renumbered from Section 63A-5-228 is
renumbered and amended to read:
[
63A-5-228
].
 63A-5b-405.
Capital improvement projects.
[
(1) As used in this section:
]
[
(a) "Building board" means the State Building Board created under Section
63A-5-101
.
]
[
(b) "Capital improvement" 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 division 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) "Capital improvements list" means the list that the division is required to submit to
the Legislature under Subsection (2)(a).
]
[
(2) (a) (i)
] 
(1) (a)
 On or before January 15 of each year, the division shall, on behalf of
all [
state
] agencies, submit a list of anticipated capital improvement 
project
 requirements to the
Legislature.
[
(ii)
] 
(b)
 The division shall ensure that the capital improvements 
project
 list identifies:
[
(A)
] 
(i)
 each single 
capital improvement
 project that costs more than $1,000,000;
[
(B)
] 
(ii)
 each multiple 
capital improvement
 project within a single building or facility
that collectively costs more than $1,000,000;
[
(C)
] 
(iii)
 each single 
capital improvement
 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)
] 
(iv)
 each multiple 
capital improvement
 project 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)
] 
(v)
 each single 
capital improvement
 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)
] 
(vi)
 each multiple 
capital improvement
 project 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)
] 
(vii)
 each 
capital improvement
 project described in Subsection [
(1)(b)(iii)
]
63A-5b-401
(3)(c)
.
[
(b)
] 
(2) (a)
 Unless otherwise directed by the Legislature, the division shall prioritize
capital [
improvements
] 
improvement projects
 on the capital [
improvements
] 
improvement
project
 list up to the level of appropriation made by the Legislature.
[
(c)
] 
(b)
 In prioritizing capital [
improvements
] 
improvement projects
, the division shall
consider the results of facility evaluations completed by an architect or engineer as stipulated
by the [
building board's
] 
division's
 facilities maintenance standards.
[
(d)
] 
(c)
 In prioritizing capital [
improvements
] 
improvement projects
, the division shall
allocate at least 90% of the funds that the Legislature appropriates for capital [
improvements
]
improvement projects
 to:
(i) 
capital improvement
 projects that address:
(A) a structural issue;
(B) fire safety;
(C) a code violation; or
(D) any issue that impacts health and safety;
(ii) 
capital improvement
 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) 
capital improvement
 projects that demolish and replace an existing building that is
in extensive disrepair and cannot be fixed by repair or maintenance.
[
(e)
] 
(d)
 In prioritizing capital [
improvements
] 
improvement projects
, the division may
not allocate more than 10% of the funds that the Legislature appropriates for capital
[
improvements
] 
improvement projects
 to:
(i) remodeling and aesthetic upgrades to meet state programmatic needs; or
(ii) construct an addition to an existing building or facility.
[
(f)
] 
(3)
 The division may require an entity that benefits from a capital improvement
project to repay the capital improvement funds from savings that result from the 
capital
improvement
 project.
[
(g)
] 
(4)
 The division may provide capital improvement 
project
 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)
] 
(a)
 the capital improvement project is a project described in Subsection
[
(1)(b)(iii)
] 
63A-5b-401
(3)(c)
; and
[
(ii)
] 
(b)
 the Legislature has not refused to fund the project with capital improvement
project
 funds.
[
(h)
] 
(5)
 In prioritizing and allocating capital improvement 
project
 funding, the
division shall comply with the requirement in Subsection 
63B-23-101
(2)(f).
[
(i)
] 
(6) (a)
 In developing the capital improvement 
project
 list and priorities, the
division shall require each [
state
] agency that requests an appropriation for a capital
improvement project to:
(i) submit a capital improvement project request; and
(ii) complete and submit a project scoping document.
[
(j)
] 
(b)
 A project scoping document under Subsection [
(2)(i)(ii)
] 
(6)(a)(ii)
 shall
address:
(i) the need for the capital improvement project; and
(ii) the appropriateness of the scope of the capital improvement project.
[
(k)
] 
(c)
 The division shall verify the completion and accuracy of a project scoping
document that [
a state
] 
an
 agency submits under Subsection [
(2)(i)(ii)
] 
(6)(a)(ii)
.
[
(3) (a) Beginning July 1, 2020, the division shall implement a program to charge state
agencies, except institutions included within the state system of higher education under Section
53B-1-102
, lease payments for the agency's use and occupancy of space within a building.
]
[
(b) Before July 1, 2020, the division shall:
]
[
(i) conduct a market analysis of market lease rates for comparable space in buildings
comparable to division-owned buildings; and
]
[
(ii) establish lease rates for an agency's use and occupancy of a division-owned
building.
]
[
(c) The lease rates shall be:
]
[
(i) consistent with market rates for comparable space in comparable buildings;
]
[
(ii) calculated to cover:
]
[
(A) an amortized amount for capital replacement;
]
[
(B) an amount for capital improvements; and
]
[
(C) operation and maintenance costs; and
]
[
(iii) in proportion to legislative appropriations.
]
[
(d) In making appropriations to cover lease payments under this Subsection (3), the
Legislature shall create a line item, as defined in Section 
63J-1-102
, for each agency to fund the
lease payments.
]
(7) Except for this Subsection (7), this section does not apply to a capital improvement
project described in Subsection 
63A-5b-401
(2)(a)(ii).
Section 31. Section 
63A-5b-406
 is enacted to read:
 63A-5b-406.
Limitations on new projects.
(1) The Legislature may authorize:
(a) the total square footage to be occupied by each agency; and
(b) the total square footage and total cost of lease space for each agency.
(2) 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.
(3) (a) Except as provided in Subsections (3)(b) and (c), the Legislature may not fund
the design or construction of any new capital development project, except to complete the
funding of a project 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) If the Legislature determines that there exists an Education Fund budget deficit, as
defined in Section 
63J-1-312
, or a General Fund budget deficit, as 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.
(c) Subsection (3)(a) does not apply to a dedicated project as defined in Section
63A-5b-403
.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), the Legislature may not fund the
design and construction of a new facility in phases over more than one year unless the
Legislature approves the funding for both the design and construction by a vote of two-thirds of
all the members elected to each house.
(ii) Subsection (4)(a)(i) does not apply to a dedicated project as defined in Section
63A-5b-403
.
(b) An agency shall receive approval from the director before the agency begins
programming for a new facility:
(i) that requires legislative approval; or
(ii) to be built under Subsection 
63A-5b-404
(2).
(c) The division or an agency may fund the programming of a new facility before the
Legislature makes an appropriation for the new facility under Subsection (4)(a).
(5) (a) The director, with the approval of the Office of the Legislative Fiscal Analyst,
shall develop standard forms to present capital development project and capital improvement
project cost summary data.
(b) The director shall:
(i) within 30 days after the completion of each capital development project, submit cost
summary data for the project on the standard form to the Office of the Legislative Fiscal
Analyst; and
(ii) upon request, submit cost summary data for a capital improvement project to the
Office of the Legislative Fiscal Analyst on the standard form.
(6) (a) After the Legislature approves capital development project priorities under
Section 
63A-5b-402
 and capital improvement project priorities under Section 
63A-5b-405
, the
director may reallocate capital development project or capital improvement project funds to
address a critical need for a capital improvement project:
(i) if an emergency arises that creates an unforeseen and critical need for the capital
improvement project; and
(ii) notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures
Act.
(b) The director shall report any changes the director makes in capital development
project or capital improvement project allocations approved by the Legislature to:
(i) the Office of the Legislative Fiscal Analyst within 30 days after the reallocation; and
(ii) the Legislature at the Legislature's next annual general session.
Section 32. Section 
63A-5b-501
 is enacted to read:
Part 5. Planning and Programming
 63A-5b-501.
Five-year building plan.
(1) The director 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 plan that complies with the
requirements described in Subsection (2), for submission to the governor and subsequent
legislatures; and
(d) as 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.
(2) (a) The director shall ensure that the five-year building plan required by Subsection
(1)(b) 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 or 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
director may make rules prescribing the format for submitting the information required by this
Subsection (2).
(3) To provide adequate information to enable the director to make a recommendation
described in Subsection (1), an agency requesting new full-time employees for the next fiscal
year shall report those anticipated requests to the director at least 90 days before the annual
general session in which the request is made.
Section 33. Section 
63A-5b-502
 is enacted to read:
 63A-5b-502.
Programming.
(1) As used in this section:
(a) "Program document" means a final document that contains programming
information.
(b) "Programming" means services to define the scope and purpose of an anticipated
project, and may include:
(i) researching criteria applicable to the scope and purpose of an anticipated project;
(ii) identifying the scale of the project and the type of facilities and the level of
specialized functions that will be required;
(iii) identifying and prioritizing values and goals that will impact the project, including
institutional purposes, growth objectives, and cultural, technological, temporal, aesthetic,
symbolic, economic, environmental, safety, sustainability, and other relevant criteria;
(iv) evaluating functional efficiency, user comfort, building economics, environmental
sustainability, and visual quality;
(v) identifying objectives for the project, including such elements as image,
efficiencies, functionality, cost, and schedule;
(vi) identifying and evaluating the constraints that will have an impact on the project
such as legal requirements, financial constraints, location, access, visibility, and building
services;
(vii) developing standards such as area allowances, space allocation, travel distances,
and furniture and equipment requirements;
(viii) establishing general space quality standards related to such elements as lighting
levels, equipment performance, acoustical requirements, security, and aesthetics;
(ix) identifying required spaces;
(x) establishing sizes and relationships;
(xi) establishing space efficiency factors or the ratio of net square footage to gross
square footage; and
(xii) documenting particular space requirements such as special HVAC, plumbing,
power, lighting, acoustical, furnishings, equipment, or security needs.
(2) A program document may:
(a) incorporate written and graphic materials; and
(b) include:
(i) an executive summary;
(ii) documentation of the methodology used to develop the programming;
(iii) value and goal statements;
(iv) relevant facts upon which the programming was based;
(v) conclusions derived from data analysis;
(vi) relationship diagrams;
(vii) flow diagrams;
(viii) matrices identifying space allocations and relationships;
(ix) space listings by function and size; and
(x) space program sheets, including standard requirements and special HVAC,
plumbing, power, lighting, acoustical, furnishings, equipment, or security needs.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director may make rules:
(a) establishing the types of projects for which programming and a program document
are required;
(b) establishing the scope of programming required for defined categories of projects;
(c) establishing the circumstances under which an agency must obtain authorization
from the director to engage in programming;
(d) governing the funding of programming;
(e) relating to the administration of programming; and
(f) regarding any restrictions that may be imposed on a person involved in
programming from participating in the preparation of construction documents for a project that
is the subject of the programming.
Section 34. Section 
63A-5b-503
, which is renumbered from Section 63A-5-211 is
renumbered and amended to read:
[
63A-5-211
].
 63A-5b-503.
Planning Fund expenditures authorized --
Ceiling on expenditures -- Recovery.
(1) The Planning Fund shall be used to make payments for engineering, architectural,
and other planning expenses necessary to make a meaningful cost estimate of any facility or
improvement with a demonstrable or immediate need.
(2) The director may make expenditures from the Planning Fund in order to provide
planning information to the [
State Building Board
] 
board
, the governor, and the Legislature, up
to a maximum of $350,000 in outstanding Planning Fund commitments.
(3) (a) The director shall authorize all payments made from the Planning Fund.
(b) [
These payments
] 
Payments from the Planning Fund
 shall be a charge on the
project for which they were drawn.
(c) [
The amount paid shall be credited to the Planning Fund when
] 
If
 the Legislature
appropriates money for [
any
] 
a
 building project for which planning costs have previously been
paid from the Planning Fund
, the director shall credit that amount to the Planning Fund
.
(4) (a) [
Money may also be expended
] 
The director may expend money
 from the
Planning Fund for architectural and engineering services incident to the planning and
preparation of applications for funds on construction financed by other than state sources,
including federal grants.
(b) [
However, upon
] 
Upon
 approval of [
such
] financing 
referred to in Subsection
(4)(a)
, the 
director shall reimburse to the Planning Fund the
 money spent for architectural and
engineering services [
shall be returned as a reimbursement to the Planning Fund
].
Section 35. Section 
63A-5b-601
 is enacted to read:
Part 6. Design and Construction
 63A-5b-601.
Definitions.
As used in this part:
(1) (a) "Facility" means any building, structure, or other improvement that is
constructed:
(i) on property owned by the state, the state's departments, commissions, institutions,
or agencies; or
(ii) by the state, the state's departments, commissions, institutions, or agencies on
property not owned by the state.
(b) "Facility" does not mean an unoccupied structure that is a component of the state
highway system.
(2) "Local government" means the county, municipality, or local school district that
would have jurisdiction to act as the compliance agency if the division did not have jurisdiction
to act as the compliance agency.
Section 36. Section 
63A-5b-602
 is enacted to read:
 63A-5b-602.
Design criteria, standards, and procedures.
(1) The director shall establish design criteria, standards, and procedures for the
planning, design, and construction of a new facility and for improvements to an existing
facility, including life-cycle costing, cost-effectiveness studies, and other methods and
procedures that address:
(a) the need for the facility;
(b) the effectiveness of the facility's design;
(c) the efficiency of energy use; and
(d) the usefulness of the facility over the facility's lifetime.
(2) Before proceeding with construction, the director and the officials charged with the
administration of the affairs of the particular agency shall approve the location, design, plans,
and specifications.
(3) The director shall prepare or have prepared by one or more private persons the
designs, plans, and specifications for the projects administered by the division.
(4) Before construction may begin, the director shall review the design of projects
exempted from the division's administration under Section 
63A-5b-604
 to determine if the
design:
(a) complies with any restrictions placed on the project by the director; and
(b) is appropriate for the purpose and setting of the project.
(5) Notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures
Act, the director may:
(a) accelerate the design of a project funded by an appropriation act passed by the
Legislature in the Legislature's annual general session;
(b) use an unencumbered existing account balance to fund that design work; and
(c) reimburse the account balance from the amount funded for the project when the
appropriation act funding the project becomes effective.
Section 37. Section 
63A-5b-603
 is enacted to read:
 63A-5b-603.
Contracting powers of director -- Bids -- Retainage.
(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the director
may enter into a contract for any work or professional service that the division or board may do
or have done.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the director may make rules establishing circumstances under which bids may be modified
when all bids for a construction project exceed available funds as determined by the director.
(b) In making the rules described in Subsection (2)(a), the director shall provide for the
fair and equitable treatment of bidders.
(c) The judgment of the director as to the responsibility and qualifications of a bidder is
conclusive, except in case of fraud or bad faith.
(3) The division shall make all payments to the contractor for completed work in
accordance with Section 
15-6-2
 and pay the interest specified in Section 
15-6-3
 on any
payments that are late.
(4) If the division retains or withholds a payment on a contract with a private contractor
to do work for the division, the division shall retain or withhold and release the payment as
provided in Section 
13-8-5
.
Section 38. Section 
63A-5b-604
 is enacted to read:
 63A-5b-604.
Construction, alteration, and repair of state facilities -- Powers of
director -- Exceptions -- Expenditure of appropriations -- Compliance agency role.
(1) (a) Except as provided in this section and Section 
63A-5b-1101
, the director shall
exercise direct supervision over the design and construction of all new facilities, and all
alterations, repairs, and improvements to existing facilities, if the total project construction
cost, regardless of the funding source, is greater than $100,000.
(b) A state entity may exercise direct supervision over the design and construction of
all new facilities, and over all alterations, repairs, and improvements to existing facilities, if:
(i) the total project construction cost, regardless of the funding sources, is $100,000 or
less; and
(ii) the state entity assures compliance with the division's forms and contracts and the
division's design, construction, alteration, repair, improvement, and code inspection standards.
(2) The director may enter into a capital improvement partnering agreement with an
institution of higher education that permits the institution of higher education to exercise direct
supervision for a capital improvement project with oversight from the division.
(3) (a) Subject to Subsection (3)(b), the director may delegate control over design,
construction, and other aspects of any project to entities of state government on a
project-by-project basis.
(b) With respect to a delegation of control under Subsection (3)(a), the director may:
(i) impose terms and conditions on the delegation that the director considers necessary
or advisable to protect the interests of the state; and
(ii) revoke the delegation and assume control of the design, construction, or other
aspect of a delegated project if the director considers the revocation and assumption of control
to be necessary to protect the interests of the state.
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board may delegate control over design, construction, and all other aspects of any project to
entities of state government on a categorical basis for projects within a particular dollar range
and a particular project type.
(b) Rules adopted by the board under Subsection (4)(a) may:
(i) impose the terms and conditions on categorical delegation that the board considers
necessary or advisable to protect the interests of the state;
(ii) provide for the revocation of the delegation on a categorical or project specific
basis and for the division to assume control of the design, construction, or other aspect of a
category of delegated projects or a specific delegated project if the board considers revocation
of the delegation and assumption of control to be necessary to protect the interests of the state;
(iii) require that a categorical delegation be renewed by the board on an annual basis;
and
(iv) require the division's oversight of delegated projects.
(5) (a) A state entity to which project control is delegated under this section shall:
(i) assume fiduciary control over project finances;
(ii) assume all responsibility for project budgets and expenditures; and
(iii) receive all funds appropriated for the project, including any contingency funds
contained in the appropriated project budget.
(b) Notwithstanding a delegation of project control under this section, a state entity to
which control is delegated is required to comply with the division's codes and guidelines for
design and construction.
(c) A state entity to which project control is delegated under this section may not
access, for the delegated project, the division's statewide contingency reserve and project
reserve authorized in Section 
63A-5b-609
.
(d) For a facility that will be owned, operated, maintained, and repaired by an entity
that is not an agency and that is located on state property, the director may authorize the
facility's owner to administer the design and construction of the project relating to that facility.
(6) (a) A project for the construction of a new facility and a project for alterations,
repairs, and improvements to an existing facility are not subject to Subsection (1) if the project:
(i) occurs on property under the jurisdiction of the State Capitol Preservation Board;
(ii) is within a designated research park at the University of Utah or Utah State
University;
(iii) occurs within the boundaries of This is the Place State Park and is administered by
This is the Place Foundation; or
(iv) is for the creation and installation of art under Title 9, Chapter 6, Part 4, Utah
Percent-for-Art Act.
(b) Notwithstanding Subsection (6)(a)(iii), the This is the Place Foundation may
request the director to administer the design and construction of a project within the boundaries
of This is the Place State Park.
(7) (a) The role of compliance agency under Title 15A, State Construction and Fire
Codes Act, shall be filled by:
(i) the director, for a project administered by the division;
(ii) the entity designated by the State Capitol Preservation Board, for a project under
Subsection (6)(a)(i);
(iii) the local government, for a project that is:
(A) not subject to the division's administration under Subsection (6)(a)(ii); or
(B) administered by This is the Place Foundation under Subsection (6)(a)(iii);
(iv) the compliance agency designated by the director, for a project under Subsection
(2), (3), (4), or (5)(d); and
(v) for the installation of art under Subsection (6)(a)(iv), the entity that is acting as the
compliance officer for the balance of the project for which the art is being installed.
(b) A local government acting as the compliance agency under Subsection (7)(a)(iii)
may:
(i) only review plans and inspect construction to enforce the state construction code or
an approved code under Title 15A, State Construction and Fire Codes Act; and
(ii) charge a building permit fee of no more than the amount the local government
could have charged if the land upon which the improvements are located were not owned by
the state.
(8) (a) The zoning authority of a local government under Section 
10-9a-305
 or
17-27a-305
 does not apply to the use of state property or any improvements constructed on
state property, including improvements constructed by an entity other than a state entity.
(b) A state entity controlling the use of state property shall consider any input received
from a local government in determining how the property is to be used.
Section 39. Section 
63A-5b-605
, which is renumbered from Section 63A-5-208 is
renumbered and amended to read:
[
63A-5-208
].
 63A-5b-605.
Requirement for bidders to list subcontractors
-- Changing subcontractors -- Bidders as subcontractors.
(1) As used in this section:
(a) "First-tier subcontractor" means a subcontractor who contracts directly with the
prime contractor.
(b) (i) "Subcontractor" means [
any
] 
a
 person [
or entity
] under contract with a
contractor or another subcontractor to provide services or labor for the construction,
installation, or repair of an improvement to real property.
(ii) "Subcontractor" includes a trade contractor or specialty contractor.
(iii) "Subcontractor" does not include [
suppliers who provide
] 
a supplier that provides
only materials, equipment, or supplies to a contractor or subcontractor.
(2) The director shall apply the provisions of this section to achieve fair and
competitive bidding and to discourage bid-shopping by contractors.
(3) (a) (i) (A) On [
each
] 
a
 public construction project, the director shall
, except as
provided in Subsection (3)(a)(ii),
 require the apparent lowest three bidders to submit a list of
their first-tier subcontractors indicating 
each first-tier
 each subcontractor's name, bid amount,
and other information required by rule.
(B) [
Other bidders who are
] 
A bidder that is
 not one of the apparent lowest three
bidders may also submit a list of [
their
] 
the bidder's
 first-tier subcontractors containing the
information required by this Subsection (3).
(ii) A bidder is not required to list a first-tier subcontractor if:
(A) the bidder's total bid is less than $500,000 and the first-tier subcontractor's bid is
less than $20,000; or
(B) the bidder's total bid is $500,000 or more and the first-tier subcontractor's bid is
less than $35,000.
[
(C) The director may not consider any bid submitted by a bidder if the bidder fails to
submit a subcontractor list meeting the requirements of this section.
]
[
(ii) On projects where the contractor's total bid is less than $500,000, subcontractors
whose bid is less than $20,000 need not be listed.
]
[
(iii) On projects where the contractor's total bid is $500,000 or more, subcontractors
whose bid is less than $35,000 need not be listed.
]
(b) [
(i) The bidders
] 
A bidder
 shall submit [
this
] 
the
 list 
required under this section
within 24 hours after the bid opening time, not including [
Saturdays, Sundays, and state
holidays
] 
Saturday, Sunday, and any state holiday
.
[
(ii)
] 
(c)
 [
This
] 
A
 list 
submitted under this section
 does not limit the director's right to
authorize a change in the listing of any subcontractor.
(4) The director may not consider a bid submitted by a bidder that fails to submit a list
meeting the requirements of this section.
[
(c)
] 
(5)
 [
The bidders
] 
A bidder
 shall verify that all subcontractors listed as part of
[
their bids
] 
the bidder's bid
 are licensed as required by state law.
[
(d)
] 
(6) (a)
 [
Twenty-four
] 
After 24
 hours after the bid opening, [
the contractor
] 
a
bidder
 may change the [
contractor's
] 
bidder's
 subcontractors only after:
(i) receiving permission from the director; and
(ii) establishing [
that
]:
(A) 
that
 the change is in the best interest of the state; and
(B) the [
contractor establishes
] reasons for the change that meet the standards
established by the [
State Building Board
] 
director
.
[
(e)
] 
(b)
 If the director approves [
any changes
] 
a change
 in subcontractors that [
result
]
results
 in a net lower contract price for subcontracted work, the 
director may require the bidder
to reduce the
 total of the prime contract [
may be reduced
] to reflect the [
changes
] 
change
.
[
(4)
] 
(7)
 (a) A bidder may list [
himself
] 
the bidder
 as a subcontractor [
when
] 
if:
(i)
 the bidder is currently licensed to perform the portion of the work for which the
bidder lists [
himself
] 
the bidder
 as a subcontractor [
and:
]
; and
[
(i)
] 
(ii) (A)
 the bidder intends to perform the work of a subcontractor [
himself
]; or
[
(ii)
] 
(B)
 the bidder intends to obtain a subcontractor 
at a later date
 to perform the work
[
at a later date
] because the bidder was unable to[
: (A)
] obtain a bid from a qualified
subcontractor[
; or (B) obtain a bid
] 
or
 from a qualified subcontractor at a cost that the bidder
considers to be reasonable.
(b) (i) [
When
] 
If
 the bidder intends to perform the work of a subcontractor [
himself
],
the director may, by written request, require that the bidder provide the director with
information indicating the bidder's:
(A) previous experience in the type of work to be performed; and
(B) qualifications for performing the work.
(ii) [
The bidder must
] 
A bidder shall
 respond in writing within five business days [
of
]
after
 receiving the director's written request 
under Subsection (7)(b)(i)
.
(iii) If the [
bidder's submitted
] information 
a bidder submits under Subsection (7)(b)(ii)
causes the director to reasonably believe that [
self-performance
] 
the bidder's performance
 of
the portion of the work [
by the bidder
] is likely to [
yield
] 
result in
 a substandard finished
product, the director shall:
(A) require the bidder to use a subcontractor for the portion of the work in question and
obtain the subcontractor bid under the supervision of the director; or
(B) reject the bidder's bid.
[
(c) (i)
] 
(8) (a)
 [
When the
] 
If a
 bidder intends to obtain a subcontractor [
to perform the
work at a later date
] 
at a later date to perform work described in the bidder's bid
, the bidder
shall provide documentation with the subcontractor list 
required under this section:
(i)
 describing[
: (A)
] the bidder's efforts to obtain a bid of a qualified subcontractor at a
reasonable cost; and
[
(B)
] 
(ii) explaining
 why the bidder was unable to obtain a qualified subcontractor bid.
[
(ii)
] 
(b)
 If [
the
] 
a
 bidder who intends to obtain a subcontractor 
at a later date
 to
perform the work [
at a later date
] 
described in a bid
 is awarded a contract, the director
:
(i)
 shall supervise the bidder's efforts to obtain a qualified subcontractor bid[
.
]
; and
[
(iii)
] 
(ii)
 [
The director
] may not adjust the amount of the contract awarded in order to
reflect the actual amount of the subcontractor's bid.
[
(5)
] 
(9)
 The division may not disclose any subcontractor bid amounts obtained under
this section until the division has awarded the project to a contractor.
[
(6) (a) The director shall, in consultation with the State Building Board, prepare draft
rules establishing a process for resolving disputes involved with contracts under the division's
procurement authority.
]
[
(b) The director shall consider, and the rules may include:
]
[
(i) requirements regarding preliminary resolution efforts between the parties directly
involved with the dispute;
]
[
(ii) requirements for the filing of claims, including notification, timeframes, and
documentation;
]
[
(iii) identification of the types of costs eligible for allocation and a method for
allocating costs among the parties to the dispute;
]
[
(iv) required time periods, not to exceed 60 days, for the resolution of the claim;
]
[
(v) provision for an independent hearing officer, panel, or arbitrator to extend the time
period for resolution of the claim by not to exceed 60 additional days for good cause;
]
[
(vi) provision for the extension of required time periods if the claimant agrees;
]
[
(vii) requirements that decisions be issued in writing;
]
[
(viii) provisions for administrative appeals of the decision;
]
[
(ix) provisions for the timely payment of claims after resolution of the dispute,
including any appeals;
]
[
(x) a requirement that the final determination resulting from the dispute resolution
process provided for in the rules is a final agency action subject to judicial review as provided
in Sections 
63G-4-401
 and 
63G-4-402
;
]
[
(xi) a requirement that a claim or dispute that does not include a monetary claim
against the division or its agents is not limited to the dispute resolution process provided for in
this Subsection (6);
]
[
(xii) requirements for claims and disputes to be eligible for this dispute resolution
process;
]
[
(xiii) the use of an independent hearing officer, panel, arbitration, or mediation; and
]
[
(xiv) the circumstances under which a subcontractor may file a claim directly with the
division.
]
[
(c) Persons pursuing claims under the process required by this Subsection (6):
]
[
(i) are bound by the decision reached under this process unless the decision is properly
appealed; and
]
[
(ii) may not pursue claims or disputes under the dispute resolution process established
in Title 63G, Chapter 6a, Utah Procurement Code.
]
[
(7)
] 
(10)
 In addition to all other reasons allowed by [
law
] 
statute
 or rule, the director
may reject all bids if [
none
] 
all
 of the bidders whose [
bid is
] 
bids are
 within the budget of the
project 
fail to
 submit a subcontractor list [
that meets the requirements of
] 
as required under
 this
section.
[
(8) Any violation of this section, or any fraudulent misrepresentation by a contractor,
subcontractor, or supplier, may be grounds for:
]
[
(a) the contractor, subcontractor, or supplier to be suspended or debarred by the
director; or
]
[
(b) the contractor or subcontractor to be disciplined by the Division of Professional
and Occupational Licensing.
]
Section 40. Section 
63A-5b-606
 is enacted to read:
 63A-5b-606.
Dispute resolution process -- Penalties for fraud or bad faith claim.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director shall adopt rules for the division establishing a process for resolving disputes involved
with contracts under the division's procurement authority.
(2) The director shall consider, and the rules may include:
(a) requirements regarding preliminary resolution efforts between the parties directly
involved with the dispute;
(b) requirements for the filing of a claim, including notification, time frames, and
documentation;
(c) identification of the types of costs eligible for allocation and a method for allocating
costs among the parties to the dispute;
(d) a required time period, not to exceed 60 days, for the resolution of the claim;
(e) a provision for an independent hearing officer, panel, or arbitrator to extend the
time period for resolution of the claim by not to exceed 60 additional days for good cause;
(f) a provision for the extension of required time periods if the claimant agrees;
(g) requirements that decisions be issued in writing;
(h) provisions for an administrative appeal of a decision;
(i) provisions for the timely payment of claims after resolution of the dispute, including
any appeals;
(j) a requirement that the final determination resulting from the dispute resolution
process provided for in the rules is a final agency action subject to judicial review as provided
in Sections 
63G-4-401
 and 
63G-4-402
;
(k) a requirement that a claim or dispute that does not include a monetary claim against
the division or an agent of the division is not limited to the dispute resolution process provided
for in this section;
(l) requirements for claims and disputes to be eligible for the dispute resolution process
under this section;
(m) the use of an independent hearing officer or panel or the use of arbitration or
mediation; and
(n) the circumstances under which a subcontractor may file a claim directly with the
division.
(3) A person pursuing a claim under the process established as provided in this section:
(a) is bound by the decision reached under this process, subject to any modification of
the decision on appeal; and
(b) may not pursue a claim, protest, or dispute under the dispute resolution process
established in Title 63G, Chapter 6a, Utah Procurement Code.
(4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor,
subcontractor, or supplier, may be grounds for:
(a) the director to suspend or debar the contractor, subcontractor, or supplier; or
(b) the contractor, subcontractor, or supplier to be disciplined by the Division of
Professional and Occupational Licensing.
Section 41. Section 
63A-5b-607
, which is renumbered from Section 63A-5-205.5 is
renumbered and amended to read:
[
63A-5-205.5
].
 63A-5b-607.
Health insurance requirements -- Penalties.
(1) As used in this section:
(a) "Aggregate 
amount
" means the 
dollar
 sum of all contracts, change orders, and
modifications [
related to
] 
for
 a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) [
"Employee
] 
"Eligible employee
" means 
an employee
, as defined in Section
34A-2-104
, [
an "employee," "worker," or "operative"
] who:
(i) works at least 30 hours per calendar week; and
(ii) meets 
the
 employer eligibility waiting [
requirements
] 
period
 for 
qualified
 health
[
care insurance, which may not exceed the first day of the calendar month following 60 days
after the day on which the individual is hired
] 
insurance coverage provided by the employer
.
[
(d) "Health benefit plan" means the same as that term is defined in Section
31A-1-301
.
]
[
(e)
] 
(d)
 "Qualified health insurance coverage" means the same as that term is defined
in Section 
26-40-115
.
[
(f)
] 
(e)
 "Subcontractor" means the same as that term is defined in Section [
63A-5-208
]
63A-5b-605
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract [
entered into by
] 
with
 the division
[
or the State Building Board on or after July 1, 2009,
] if the prime contract is in an aggregate
amount [
equal to or greater than
] 
of
 $2,000,000 
or more
; and
(b) a subcontractor of a contractor of a design or construction contract [
entered into by
]
with
 the division [
or State Building Board on or after July 1, 2009,
] if the subcontract is in an
aggregate amount [
equal to or greater than
] 
of
 $1,000,000 
or more
.
(3) The requirements of this section do not apply to a contractor or subcontractor
[
described in Subsection (2)
] if:
(a) the application of this section jeopardizes the 
division's
 receipt of federal funds;
(b) the contract is a sole source contract
, as defined in Section 
63G-6a-103
; or
(c) the contract is 
the result of
 an emergency procurement.
(4) A person [
that
] 
who
 intentionally uses 
a
 change [
orders,
] 
order,
 contract
[
modifications,
] 
modification,
 or multiple contracts to circumvent the requirements of this
section is guilty of an infraction.
(5) (a) A contractor that is subject to the requirements of this section shall [
demonstrate
to the director that the contractor has and will
]
:
(i) make and
 maintain an offer of qualified health insurance coverage for the
contractor's 
eligible
 employees and the 
eligible
 employees' dependents [
by submitting
]
; and
(ii) submit
 to the director a written statement [
that:
] 
demonstrating that the contractor
is in compliance with Subsection (5)(a)(i).
[
(i) the contractor offers qualified health insurance coverage that complies with Section
26-40-115
;
]
[
(ii) is from:
]
(b) A statement under Subsection (5)(a)(ii):
(i) shall be from:
(A) an actuary selected by the contractor or the contractor's insurer; or
(B) an underwriter who is responsible for developing the employer group's premium
rates; and
[
(iii) was
] 
(ii) may not be
 created [
within
] 
more than
 one year before the day on which
the [
statement is submitted
] 
contractor submits the statement to the director
.
[
(b)
] 
(6) (a)
 A contractor that is subject to the requirements of this section shall:
(i) [
place a requirement in each of the contractor's subcontracts that a subcontractor
that is subject to the requirements of this section shall
] 
ensure that each contract the contractor
enters with a subcontractor that is subject to the requirements of this section requires the
subcontractor to
 obtain and maintain an offer of qualified health insurance coverage for the
subcontractor's 
eligible
 employees and the 
eligible
 employees' dependents during the duration
of the subcontract; and
(ii) obtain from a subcontractor [
that is subject to the requirements of this section
]
referred to in Subsection (6)(a)(i)
 a written statement 
demonstrating
 that[
:
] 
the subcontractor
offers qualified health insurance coverage to eligible employees and eligible employees'
dependents.
[
(A) the subcontractor offers qualified health insurance coverage that complies with
Section 
26-40-115
;
]
[
(B)
] 
(b)
 [
is
] 
A statement under Subsection (6)(a)(ii):
(i) shall be
 from
:
(A)
 an actuary selected by the subcontractor or the subcontractor's insurer[
,
]
;
 or
(B)
 an underwriter who is responsible for developing the employer group's premium
rates; and
[
(C)
] 
(ii)
 [
was
] 
may not be
 created [
within
] 
more than
 one year before the day on
which the contractor obtains the statement 
from the subcontractor
.
[
(c) (i) (A)
] 
(7) (a) (i)
 A contractor that fails to maintain an offer of qualified health
insurance coverage [
described in Subsection (5)(a)
] during the duration of the contract 
as
required in this section
 is subject to penalties in accordance with administrative rules adopted
by the division under [
Subsection (6)
] 
this section
.
[
(B)
] 
(ii)
 A contractor is not subject to penalties for the failure of a subcontractor to
obtain and maintain an offer of qualified health insurance coverage [
described in Subsection
(5)(b)(i)
] 
as required in this section
.
[
(ii) (A)
] 
(b) (i)
 A subcontractor that fails to obtain and maintain an offer of qualified
health insurance coverage [
described in Subsection (5)(b)(i)
] during the duration of the
subcontract 
as required in this section
 is subject to penalties in accordance with administrative
rules adopted by the division under [
Subsection (6)
] 
this section
.
[
(B)
] 
(ii)
 A subcontractor is not subject to penalties for the failure of a contractor to
maintain an offer of qualified health insurance coverage [
described in Subsection (5)(a)
] 
as
required in this section
.
[
(6)
] 
(8)
 The division shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) a public transit district in accordance with Section 
17B-2a-818.5
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(vi) the Legislature's Administrative Rules Review Committee; and
(c) that establish:
(i) the requirements and procedures 
for
 a contractor and a subcontractor [
shall follow
]
to demonstrate compliance with this section, including:
(A) 
a provision
 that a contractor or subcontractor's compliance with this section is
subject to an audit by the division or the Office of the Legislative Auditor General;
(B) 
a provision
 that a contractor that is subject to the requirements of this section
[
shall
] obtain a written statement [
described in Subsection (5)(a)
] 
as provided in Subsection
(5)
; and
(C) 
a provision
 that a subcontractor that is subject to the requirements of this section
[
shall
] obtain a written statement [
described in Subsection (5)(b)(ii)
] 
as provided in Subsection
(6)
;
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into 
a
future [
contracts
] 
contract
 with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into 
a
future [
contracts
] 
contract
 with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health insurance coverage for 
eligible
 employees and dependents of 
eligible
employees of the contractor or subcontractor who were not offered qualified health insurance
coverage during the duration of the contract; and
(iii) a website [
on which
] 
for
 the department [
shall
] 
to
 post the commercially
equivalent benchmark for the qualified health insurance coverage that is provided by the
Department of Health in accordance with Subsection 
26-40-115
(2).
[
(7) (a)
] 
(9)
 During the duration of a contract, the division may perform an audit to
verify a contractor or subcontractor's compliance with this section.
[
(b)
] 
(10) (a)
 Upon the division's request, a contractor or subcontractor shall provide
the division:
(i) a signed actuarial certification that the coverage the contractor or subcontractor
offers is qualified health insurance coverage; or
(ii) all relevant documents and information necessary for the division to determine
compliance with this section.
[
(c)
] 
(b)
 If a contractor or subcontractor provides the documents and information
described in Subsection [
(7)(b)(ii)
] 
(10)(a)(i)
, the Insurance Department shall assist the division
in determining if the coverage the contractor or subcontractor offers is qualified health
insurance coverage.
[
(8)
] 
(11)
 (a) (i) In addition to the penalties imposed under Subsection [
(6)(c)(ii)
] 
(7)
, a
contractor or subcontractor that intentionally violates the provisions of this section is liable to
[
the
] 
an eligible
 employee for health care costs that would have been covered by qualified
health insurance coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection [
(8)
]
(11)
(a)
(i)
 if:
(A) the employer relied in good faith on a written statement described in Subsection
[
(5)(a) or (5)(b)(ii)
] 
(5) or (6)
; or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An 
eligible
 employee has a private right of action [
only
] against the employee's
employer [
to enforce the provisions of this Subsection (8)
] 
only as provided in this Subsection
(11)
.
[
(9)
] 
(12)
 [
Any penalties imposed and collected
] 
The director shall cause money
collected from the imposition and collection of a penalty
 under this section [
shall
] 
to
 be
deposited into the Medicaid Restricted Account created by Section 
26-18-402
.
[
(10)
] 
(13)
 The failure of a contractor or subcontractor to provide qualified health
insurance coverage as required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
(14) An employer's waiting period for an employee to become eligible for qualified
health insurance coverage may not extend beyond the first day of the calendar month following
days after the day on which the employee is hired.
Section 42. Section 
63A-5b-608
, which is renumbered from Section 63A-5-207 is
renumbered and amended to read:
[
63A-5-207
].
 63A-5b-608.
Obligations beyond authorized funding
prohibited -- Exceptions.
(1) [
The
] 
Unless otherwise specifically instructed by the terms of the appropriation for
a particular project, the
 director shall assure[
, unless otherwise specifically instructed by the
terms of the appropriation of a particular project,
] that no obligations beyond the authorized
funding are incurred in the construction of any project authorized by the Legislature.
(2) The director may expend appropriations for statewide projects from funds provided
by the Legislature for the purposes and within the guidelines established by the Legislature.
[
(2)
] 
(3)
 The director may consent to the drafting of a plan or the awarding of a
contract that will exceed in cost the funding currently available for the project [
in question
]
only if the Legislature has specifically provided for extending construction of a building or the
completion of a project into future fiscal periods.
Section 43. Section 
63A-5b-609
, which is renumbered from Section 63A-5-209 is
renumbered and amended to read:
[
63A-5-209
].
 63A-5b-609.
Expenditure of appropriated funds supervised
by director -- Contingencies -- Disposition of project reserve funds -- Set aside for Utah
Percent-for-Art Program.
(1) The director shall:
(a) (i) supervise the expenditure of funds in providing plans, engineering
specifications, sites, and construction of the buildings for which legislative appropriations are
made; and
(ii) specifically allocate money appropriated [
when
] 
if
 more than one project is
included in any single appropriation without legislative directive;
(b) (i) expend the amount necessary from appropriations for planning, engineering, and
architectural work; and
(ii) (A) allocate amounts from appropriations necessary to cover expenditures
previously made from the planning fund under Section [
63A-5-211
] 
63A-5b-503
 in the
preparation of plans, engineering, and specifications; and
(B) return the amounts described in Subsection (1)(b)(ii)(A) to the planning fund; and
(c) hold in a statewide contingency reserve the amount budgeted for contingencies:
(i) in appropriations for the construction or remodeling of facilities; and
(ii) [
which may be
] 
that are
 over and above all amounts obligated by contract for
planning, engineering, architectural work, sites, and construction contracts.
(2) (a) The director shall base the amount budgeted for contingencies on a sliding scale
percentage of the construction cost ranging from:
(i) 4-1/2% to 6-1/2% for new construction; and
(ii) 6% to 9-1/2% for remodeling projects.
(b) The director shall hold the statewide contingency funds to cover:
(i) costs of change orders; and
(ii) unforeseen, necessary costs beyond those specifically budgeted for the project.
(c) (i) The Legislature shall annually review the percentage and the amount held in the
statewide contingency reserve.
(ii) The Legislature may reappropriate to other building needs, including the cost of
administering building projects, any amount from the statewide contingency reserve that is in
excess of the reserve required to meet future contingency needs.
(3) (a) The director shall hold in a separate 
project
 reserve [
those
] state appropriated
funds accrued through bid savings and project residual [
as a project reserve
].
(b) The director shall account for the funds accrued under Subsection (3)(a) in separate
accounts as follows:
(i) bid savings and project residual from a capital improvement project, as defined in
Section [
63A-5-104
] 
63A-5b-401
; and
(ii) bid savings and project residual from a capital development project, as defined in
Section [
63A-5-104
] 
63A-5b-401
.
(c) The [
State Building Board may authorize the use of
] 
director may use
 project
reserve funds in the account described in Subsection (3)(b)(i) for a capital improvement
project:
(i) approved under Section [
63A-5-104
] 
63A-5b-405
; and
(ii) for which funds are not allocated.
(d) The director may:
(i) authorize the use of project reserve funds in the accounts described in Subsection
(3)(b) for the award of contracts in excess of a project's construction budget if the use is
required to meet the intent of the project;
(ii) transfer money from the account described in Subsection (3)(b)(i) to the account
described in Subsection (3)(b)(ii) if a capital development project has exceeded its construction
budget; and
(iii) use project reserve funds for any emergency capital improvement project, whether
or not the emergency capital improvement project is related to a project that has exceeded its
construction budget.
(e) The director shall report to the Office of the Legislative Fiscal Analyst within 30
days:
(i) an [
authorization
] 
expenditure
 under Subsection (3)(c); or
(ii) a transfer under Subsection (3)(d).
(f) The Legislature shall annually review the amount held in the project reserve for
possible reallocation by the Legislature to other building needs, including the cost of
administering building projects.
(4) If any part of the appropriation for a building project, other than the part set aside
for the Utah Percent-for-Art Program under Title 9, Chapter 6, Part 4, Utah Percent-for-Art
Act, remains unencumbered after the award of construction and professional service contracts
and establishing a reserve for fixed and moveable equipment, the balance of the appropriation
is dedicated to the project reserve and does not revert to the General Fund.
(5) (a) One percent of the amount appropriated for the construction of any new state
building or facility may be appropriated and set aside for the Utah Percent-for-Art Program
administered by the Division of Fine Arts under Title 9, Chapter 6, Part 4, Utah Percent-for-Art
Act.
(b) The director shall release to the Division of Fine Arts any funds included in an
appropriation to the division that are designated by the Legislature for the Utah Percent-for-Art
Program.
(c) Funds from appropriations for [
any
] 
a
 state building or facility [
of which
] 
may not
be set aside:
(i) if
 any part 
of the funds
 is derived from the issuance of bonds[
,
]
; and
(ii)
 to the extent [
it
] 
the set aside of funds
 would jeopardize the federal income tax
exemption otherwise allowed for interest paid on bonds[
, may not be set aside
].
Section 44. Section 
63A-5b-610
, which is renumbered from Section 63A-5-219 is
renumbered and amended to read:
[
63A-5-219
].
 63A-5b-610.
Transfer from project reserve money.
(1) With the approval of and through an appropriation by the Legislature, the division
shall transfer at least $100,000 annually from the project reserve money to the General Fund to
pay for personal service expenses associated with the management of construction projects.
(2) With the approval of and as directed by the Legislature, the division shall transfer
additional money from the project reserve money to pay administrative costs associated with
the management of construction projects and other division responsibilities.
Section 45. Section 
63A-5b-701
 is enacted to read:
Part 7. Operation and Maintenance
 63A-5b-701.
Operation and maintenance for state facilities.
(1) As used in this section, "maintenance functions" means all programs and activities
related to the operation and maintenance of a state facility, including preventive maintenance
and inspection.
(2) (a) The director shall direct or delegate maintenance functions for an agency, except
for:
(i) the State Capitol Preservation Board; and
(ii) an institution of higher education.
(b) The director may delegate responsibility for maintenance functions to an agency
only if:
(i) the agency requests the responsibility; and
(ii) the director determines that:
(A) the agency has the necessary resources and skills to comply with maintenance
functions standards approved by the director; and
(B) the delegation would result in net cost savings to the state as a whole.
(c) The State Capitol Preservation Board and an institution of higher education are
exempt from division oversight of maintenance functions.
(d) An institution of higher education shall comply with the division's facility
maintenance functions standards.
(3) (a) An institution of higher education shall annually report to the division, in a
format required by the division, on the institution of higher education's compliance with the
division's maintenance functions standards.
(b) The division shall:
(i) prescribe a standard format for reporting compliance with the division's
maintenance functions standards;
(ii) report to the Legislature on the compliance or noncompliance with the standards;
and
(iii) conduct periodic audits to ensure that institutions of higher education are
complying with the standards and report the results of the audits to the Legislature.
Section 46. Section 
63A-5b-702
 is enacted to read:
 63A-5b-702.
Standards and requirements for state facilities -- Life-cycle cost
effectiveness.
(1) As used in this section:
(a) "Life cycle cost-effective" means the most prudent cost of owning, operating, and
maintaining a facility, including the initial cost, energy costs, operation and maintenance costs,
repair costs, and the costs of energy conservation and renewable energy systems.
(b) "Renewable energy system" means a system designed to use solar, wind,
geothermal power, wood, or other replenishable energy source to heat, cool, or provide
electricity to a building.
(2) The director shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules:
(a) that establish standards and requirements for determining whether a state facility
project is life cycle cost-effective;
(b) for the monitoring of an agency's operation and maintenance expenditures for a
state-owned facility;
(c) to establish standards and requirements for utility metering;
(d) that create an operation and maintenance program for an agency's facilities;
(e) that establish a methodology for determining reasonably anticipated inflationary
costs for each operation and maintenance program described in Subsection (2)(d);
(f) that require an agency to report the amount the agency receives and expends on
operation and maintenance; and
(g) that provide for determining the actual cost for operation and maintenance requests
for a new facility.
(3) The director shall:
(a) ensure that state-owned facilities, except for facilities under the control of the State
Capitol Preservation Board, are life cycle cost-effective;
(b) conduct ongoing facilities audits of state-owned facilities; and
(c) monitor an agency's operation and maintenance expenditures for state-owned
facilities as provided in rules made under Subsection (2)(b).
(4) (a) An agency shall comply with the rules made under Subsection (2) for new
facility requests submitted to the Legislature for a session of the Legislature after the 2017
General Session.
(b) The Office of the Legislative Fiscal Analyst and the Governor's Office of
Management and Budget shall, for each agency with operation and maintenance expenses,
ensure that each required budget for the agency is adjusted in accordance with the rules
described in Subsection (2)(e).
Section 47. Section 
63A-5b-703
 is enacted to read:
 63A-5b-703.
Agency lease payments.
(1) (a) Beginning July 1, 2020, the division shall implement a program to charge
agencies, except institutions of higher education, lease payments for the agency's use and
occupancy of space within a building.
(b) Before July 1, 2020, the division shall:
(i) conduct a market analysis of market lease rates for comparable space in buildings
comparable to division-owned buildings; and
(ii) establish lease rates for an agency's use and occupancy of a division-owned
building.
(c) The lease rates shall be:
(i) consistent with market rates for comparable space in comparable buildings;
(ii) calculated to cover:
(A) an amortized amount for capital replacement;
(B) an amount for capital improvements; and
(C) operation and maintenance costs; and
(iii) in proportion to legislative appropriations.
(2) In making appropriations to cover lease payments under this section, the
Legislature shall create a line item, as defined in Section 
63J-1-102
, for each agency to fund the
lease payments.
Section 48. Section 
63A-5b-801
 is enacted to read:
Part 8. Acquisitions of Real Property Interests
 63A-5b-801.
Definitions.
As used in this part:
(1) "Agency optional term" means an option that is exclusively exercisable by a leasing
agency to extend the lease term.
(2) "High-cost lease" means a real property lease that:
(a) has an initial term including any agency optional term of 10 years or more; or
(b) will require lease payments of more than $5,000,000 over the term of the lease,
including any agency optional term.
(3) (a) "Leasing agency" means a department, commission, board, council, agency,
institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
unit, bureau, panel, or other administrative unit of the state.
(b) "Leasing agency" does not include:
(i) the legislative branch;
(ii) the judicial branch; and
(iii) an institution of higher education.
(4) "Significant lease terms" includes the duration of the lease, the frequency of the
periodic payments, a renewal clause, a purchase option, a cancellation clause, a repair and
maintenance clause, and a restriction on use of the property.
Section 49. Section 
63A-5b-802
, which is renumbered from Section 63A-5-302 is
renumbered and amended to read:
[
63A-5-302
].
 63A-5b-802.
Leasing responsibilities of the director.
(1) The director shall:
(a) prepare and submit a yearly request to the governor and Legislature for a designated
amount of square footage by type of space to be leased by the division for that fiscal year;
[
(a)
] 
(b)
 lease, in the name of the division, all real property space to be occupied by
[
an
] 
a leasing
 agency;
[
(b)
] 
(c)
 in leasing space[
, comply with
]:
[
(i) Title 63G, Chapter 6a, Utah Procurement Code; and
]
(i) use a process consistent with the best interest of the state, the requirements of the
leasing agency, and the anticipated use of the property; and
(ii) 
comply with
 any legislative mandates contained in the appropriations act or other
[
specific
] legislation;
[
(c)
] 
(d)
 apply the criteria contained in Subsection (1)[
(e)
]
(f)
 to prepare a report
evaluating each high-cost lease at least 12 months before [
it
] 
the lease
 expires;
[
(d)
] 
(e)
 evaluate each lease under the division's control and apply the criteria
contained in Subsection [
(1)(e), when appropriate, to evaluate those leases
] 
(1)(f), as
applicable, to evaluate the lease
;
[
(e)
] 
(f)
 in evaluating leases:
(i) determine whether [
or not
] the lease is cost-effective when the needs of the 
leasing
agency to be housed in the leased facilities are considered;
(ii) determine whether [
or not
] another option such as construction, use of other
state-owned space, or a lease-purchase agreement is more cost-effective than leasing;
(iii) determine whether [
or not
] the significant lease terms are cost-effective and
provide the state with sufficient flexibility and protection from liability;
(iv) compare the proposed lease payments to the current market rates, and evaluate
whether [
or not
] the proposed lease payments are reasonable under current market conditions;
(v) compare proposed significant lease terms to the current market, and recommend
whether [
or not
] these proposed terms are reasonable under current market conditions; and
(vi) if applicable, recommend that the lease or modification to a lease be approved or
disapproved;
[
(f)
] 
(g)
 based upon the evaluation, include in the report recommendations that identify
viable alternatives to:
(i) make the lease cost-effective; or
(ii) meet the 
leasing
 agency's needs when the lease expires; and
[
(g)
] 
(h)
 upon request, provide the information included in the report to:
(i) the 
leasing
 agency benefitted by the lease; and
(ii) the Office of 
the
 Legislative Fiscal Analyst.
(2) The director may:
(a) subject to legislative appropriation, enter into 
a
 facility [
leases with terms
] 
lease
with a term
 of up to 10 years [
when
] 
if
 the length of the lease's term is economically
advantageous to the state; and
(b) with the approval of the [
State Building Board
] 
board
 and subject to legislative
appropriation, enter into 
a
 facility [
leases with terms
] 
lease with a term
 of more than 10 years
[
when
] 
if
 the length of the lease's term is economically advantageous to the state.
Section 50. Section 
63A-5b-803
, which is renumbered from Section 63A-5-303 is
renumbered and amended to read:
[
63A-5-303
].
 63A-5b-803.
Reporting of leasing activity.
(1) The director shall:
(a) prepare a standard form upon which [
agencies and other state institutions and
entities can report their
] 
a leasing agency and another state institution or entity can report the
current and proposed lease activity 
of the leasing agency, institution, or entity
, including any
lease [
renewals
] 
renewal
; and
(b) develop procedures and mechanisms within the division to:
(i) obtain and share information about each 
leasing
 agency's real property needs; and
(ii) provide oversight and review of lessors and lessees during the term of each lease.
(2) Each 
leasing
 agency, the Judicial Council, and the Board of Regents
,
 for each
institution of higher education
,
 shall report all current and proposed lease activity on the
standard form prepared by the division to:
(a) the [
State Building Board
] 
division
; and
(b) the Office of 
the
 Legislative Fiscal Analyst.
Section 51. Section 
63A-5b-804
, which is renumbered from Section 63A-5-304 is
renumbered and amended to read:
[
63A-5-304
].
 63A-5b-804.
Leasing by the Administrative Office of the
Courts -- Judicial Council approval required for high-cost lease -- Director's
responsibilities.
(1) Before executing [
any
] 
a
 high-cost lease or a modification to a lease that results in a
high-cost lease, the Administrative Office of the Courts shall submit a draft of the new lease or
modification to:
(a) the Judicial Council; and
(b) the director [
of the Division of Facilities Construction and Management
].
(2) The director shall:
(a) review the [
drafts
] 
draft
 submitted by the Administrative Office of the Courts; and
(b) within 30 days after receiving the [
drafts from the office
] 
draft
, submit a report on
[
those drafts
] 
the draft
 to:
(i) the Judicial Council; and
(ii) the Office of 
the
 Legislative Fiscal Analyst.
(3) [
The
] 
A
 report 
under Subsection (2)(b)
 shall contain:
(a) the director's opinion about:
(i) whether [
or not
] the lease or modification is cost-effective when the needs of the
entity to be housed in the leased facility are considered;
(ii) whether [
or not
] another option such as construction, use of other state-owned
space, or a lease-purchase agreement is more cost-effective than leasing; and
(iii) whether [
or not
] the significant lease terms are cost-effective and provide the state
with sufficient flexibility and protection from liability;
(b) a comparison of the proposed lease payments to the current market rates, and a
recommendation as to whether [
or not
] the proposed lease payments are reasonable under
current market conditions;
(c) a comparison of proposed significant lease terms to the current market, and a
recommendation as to whether [
these
] 
the
 proposed terms are reasonable under current market
conditions; and
(d) a recommendation from the director that the lease or modification to a lease be
approved or disapproved.
(4) (a) The Administrative Office of the Courts may not execute [
any
] 
a
 new high-cost
[
leases or modifications to any
] 
lease or modification to an
 existing lease that will result in a
high-cost lease unless [
that lease or those modifications are
] 
the lease or modification is
approved by a majority vote of the Judicial Council.
(b) The Judicial Council shall consider the recommendations of the director [
of the
division
] in determining whether [
or not
] to approve 
a
 high-cost [
leases and modifications
]
lease or modification
 resulting in 
a
 high-cost [
leases
] 
lease
.
Section 52. Section 
63A-5b-805
, which is renumbered from Section 63A-5-305 is
renumbered and amended to read:
[
63A-5-305
].
 63A-5b-805.
Leasing by higher education institutions.
(1) The Board of Regents shall establish written policies and procedures governing
leasing by 
an institution of
 higher education [
institutions
].
(2) Except as provided in Sections 
53B-2a-113
 and 
63M-2-602
, [
a
] 
an institution of
higher education [
institution
] shall comply with the procedures and requirements of the Board
of Regents' policies before signing or renewing a lease.
Section 53. Section 
63A-5b-806
, which is renumbered from Section 63A-5-401 is
renumbered and amended to read:
[
63A-5-401
].
 63A-5b-806.
Division rules on the value of property bought
or exchanged -- Exception.
(1) [
If the division buys, sells, or exchanges real property, the
] 
The
 division shall, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to
ensure that
, if the division buys or exchanges real property,
 the value of the real property is
congruent with the proposed price and other terms of the purchase[
, sale,
] or exchange.
(2) The rules:
(a) shall establish procedures for determining the value of the real property;
(b) may provide that an appraisal, as defined [
under
] 
in
 Section 
61-2g-102
,
demonstrates the real property's value; and
(c) may require that the appraisal be completed by a state-certified general appraiser, as
defined [
under
] 
in
 Section 
61-2g-102
.
(3) 
The rules adopted under
 Subsection (1) [
does
] 
do
 not apply to[
: (a)
] the purchase[
,
sale,
] or exchange of real property, or [
to
] an interest in real property
,
 with a value of less than
[
$100,000
] 
$250,000
, as estimated by the division[
; or
]
.
[
(b) a transfer of ownership or lease of vacant division-owned property, as defined in
Section 
63A-5a-102
, at below fair market value under Chapter 5a, Division-Owned Real
Property Act.
]
Section 54. Section 
63A-5b-901
, which is renumbered from Section 63A-5a-102 is
renumbered and amended to read:
Part 9. Disposal of Division-Owned Property
[
63A-5a-102
].
 63A-5b-901.
Definitions.
As used in this [
chapter
] 
part
:
(1) "Applicant" means a person who submits a timely, qualified proposal to the
division.
[
(2) "Board" means the State Building Board, created in Section 
63A-5-101
.
]
[
(3)
] 
(2)
 "Condemnee" means the same as that term is defined in Section 
78B-6-520.3
.
[
(4)
] 
(3)
 "Convey" means:
(a) to provide for a primary state agency's occupancy or use of vacant division-owned
property; or
(b) to effect a transfer of ownership or lease of vacant division-owned property to a
secondary state agency, local government entity, public purpose nonprofit entity, or private
party.
[
(5) "Director" means the division director, appointed under Section 
63A-5-203
.
]
[
(6) "Division" means the Division of Facilities Construction and Management, created
in Section 
63A-5-201
.
]
[
(7)
] 
(4)
 "Division-owned property" means real property, including an interest in real
property, to which the division holds title, regardless of who occupies or uses the real property.
[
(8)
] 
(5)
 "Local government entity" means a county, city, town, metro township, local
district, special service district, community development and renewal agency, conservation
district, school district, or other political subdivision of the state.
[
(9)
] 
(6)
 "Primary state agency" means a state agency for which the division holds title
to real property that the state agency occupies or uses, as provided in Subsection
[
63A-5-204
(2)(a)(iv)
] 
63A-5b-303
(1)(a)(iv)
.
[
(10)
] 
(7)
 "Private party" means a person who is not a state agency, local government
entity, or public purpose nonprofit entity.
[
(11)
] 
(8)
 "Public purpose nonprofit entity" means a corporation, association,
organization, or entity that:
(a) is located within the state;
(b) is not a state agency or local government entity;
(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
Code; and
(d) operates to fulfill a public purpose.
[
(12)
] 
(9)
 "Qualified proposal" means a written proposal that:
(a) meets the criteria established by the division by rule 
under Section 
63A-5b-903
;
(b) if submitted by a local government entity or public purpose nonprofit entity,
explains the public purpose for which the local government entity or public purpose nonprofit
entity seeks a transfer of ownership or lease of the vacant division-owned property; and
(c) the director determines will, if accepted and implemented, provide a material
benefit to the state.
[
(13)
] 
(10)
 "Secondary state agency" means a state agency:
(a) that is authorized to hold title to real property that the state agency occupies or uses,
as provided in Subsection [
63A-5-204
(6)
] 
63A-5b-303
(4)
; and
(b) for which the division does not hold title to real property that the state agency
occupies or uses.
[
(14)
] 
(11)
 "State agency" means a department, division, office, entity, agency, or other
unit of state government.
[
(15)
] 
(12)
 "Transfer of ownership" includes a transfer of the ownership of vacant
division-owned property that occurs as part of an exchange of the vacant division-owned
property for another property.
[
(16)
] 
(13)
 "Vacant division-owned property" means division-owned property that:
(a) a primary state agency has discontinued to occupy or use; and
(b) the director has determined should be made available for:
(i) use or occupancy by a primary state agency; or
(ii) a transfer of ownership or lease to a secondary state agency, local government
entity, public purpose nonprofit entity, or private party.
[
(17)
] 
(14)
 "Written proposal" means a brief statement in writing that explains:
(a) the proposed use or occupancy, transfer of ownership, or lease of vacant
division-owned property; and
(b) how the state will benefit from the proposed use or occupancy, transfer of
ownership, or lease.
Section 55. Section 
63A-5b-902
, which is renumbered from Section 63A-5a-103 is
renumbered and amended to read:
[
63A-5a-103
].
 63A-5b-902.
Application of part.
(1) The provisions of this [
chapter
] 
part
, other than this section, do not apply to:
(a) a conveyance, lease, or disposal under Subsection [
63A-5-204
(2)(a)(x)
]
63A-5b-303
(1)(a)(x)
; or
(b) the division's disposal or lease of division-owned property with a value under
[
$100,000
] 
$250,000
, as estimated by the division.
(2) Nothing in Subsection (1)(b) may be construed to diminish or eliminate the
division's responsibility to manage division-owned property in the best interests of the state.
Section 56. Section 
63A-5b-903
, which is renumbered from Section 63A-5a-104 is
renumbered and amended to read:
[
63A-5a-104
].
 63A-5b-903.
Rules adopted by the division.
The division may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules to:
(1) establish criteria that a written proposal is required to satisfy in order to be a
qualified proposal, including, if applicable, a minimum acceptable purchase price; and
(2) define criteria that the director will consider in making a determination whether a
proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property
provides a material benefit to the state.
Section 57. Section 
63A-5b-904
, which is renumbered from Section 63A-5a-201 is
renumbered and amended to read:
[
63A-5a-201
].
 63A-5b-904.
Division authority with respect to vacant
division-owned property -- Limitations.
(1) Subject to Section [
63A-5a-206
] 
63A-5b-909
, the division may, as provided in this
[
chapter
] 
part
:
(a) provide for a primary state agency's occupancy or use of vacant division-owned
property;
(b) effect a transfer of ownership or lease of vacant division-owned property to a
secondary state agency, local government entity, public purpose nonprofit entity, or private
party; or
(c) refer vacant division-owned property to the Department of Transportation for sale
by auction, as provided in Section [
63A-5a-205
] 
63A-5b-908
.
(2) The division may not effect a transfer of ownership or lease of vacant
division-owned property without receiving fair market value in return unless:
(a) the director determines that the transfer of ownership or lease is in the best interests
of the state;
(b) for a proposed transfer of ownership or lease to a local government entity, public
purpose nonprofit entity, or private party, the director determines that the local government
entity, public purpose nonprofit entity, or private party intends to use the property to fulfill a
public purpose;
(c) the director requests and receives a recommendation on the proposed transfer of
ownership or lease from the Legislative Executive Appropriations Committee;
(d) the director communicates the Executive Appropriations Committee's
recommendation to the executive director; and
(e) the executive director approves the transfer of ownership or lease.
(3) (a) If the division effects a transfer of ownership of vacant division-owned property
without receiving fair market value in return, as provided in this [
chapter
] 
part
, the division
shall require the documents memorializing the transfer of ownership to preserve to the
division:
(i) in the case of a transfer of ownership of vacant division-owned property to a
secondary state agency, local government entity, or public purpose nonprofit entity for no or
nominal consideration, a right of reversion, providing for the ownership of the property to
revert to the division if the property ceases to be used for the public benefit; or
(ii) in the case of any other transfer of ownership of vacant division-owned property, a
right of first refusal allowing the division to purchase the property from the transferee for the
same price that the transferee paid to the division if the transferee wishes to transfer ownership
of the former vacant division-owned property.
(b) Subsection (3)(a) does not apply to the sale of vacant division-owned property at an
auction under Section [
63A-5a-205
] 
63A-5b-908
.
Section 58. Section 
63A-5b-905
, which is renumbered from Section 63A-5a-202 is
renumbered and amended to read:
[
63A-5a-202
].
 63A-5b-905.
Notice required before division may convey
division-owned property.
(1) Before the division may convey vacant division-owned property, the division shall
give notice as provided in Subsection (2).
(2) A notice required under Subsection (1) shall:
(a) identify and describe the vacant division-owned property;
(b) indicate the availability of the vacant division-owned property;
(c) invite persons interested in the vacant division-owned property to submit a written
proposal to the division;
(d) indicate the deadline for submitting a written proposal;
(e) be posted on the division's website for at least 60 consecutive days before the
deadline for submitting a written proposal, in a location specifically designated for notices
dealing with vacant division-owned property;
(f) be posted on the Utah Public Notice Website created in Section 
63F-1-701
 for at
least 60 consecutive days before the deadline for submitting a written proposal; and
(g) be sent by email to each person who has previously submitted to the division a
written request to receive notices under this section.
Section 59. Section 
63A-5b-906
, which is renumbered from Section 63A-5a-203 is
renumbered and amended to read:
[
63A-5a-203
].
 63A-5b-906.
Submitting a written proposal for vacant
division-owned property.
(1) A person may submit to the division a written proposal:
(a) in response to the division's notice under Section [
63A-5a-202
] 
63A-5b-905
; or
(b) with respect to vacant division-owned property as to which the division has not
given notice under Section [
63A-5a-202
] 
63A-5b-905
.
(2) The division is not required to consider a written proposal or provide notice under
Section [
63A-5a-202
] 
63A-5b-905
 if the director determines that the written proposal is not a
qualified proposal.
(3) If a person submits a qualified proposal to the division under Subsection (1)(b):
(a) the division shall:
(i) give notice as provided in Section [
63A-5a-202
] 
63A-5b-905
; and
(ii) treat the qualified proposal as though it were submitted in response to the notice;
and
(b) the person may, within the time provided for the submission of written proposals,
modify the qualified proposal to the extent necessary to address matters raised in the notice that
were not addressed in the initial qualified proposal.
(4) A person who fails to submit a qualified proposal to the division within 60 days
after the date of the notice under Section [
63A-5a-202
] 
63A-5b-905
 may not be considered for
the vacant division-owned property.
Section 60. Section 
63A-5b-907
, which is renumbered from Section 63A-5a-204 is
renumbered and amended to read:
[
63A-5a-204
].
 63A-5b-907.
Priorities for vacant division-owned property --
Division to convey vacant division-owned property.
(1) (a) A state agency has priority for vacant division-owned property over a local
government entity, a public purpose nonprofit entity, and a private party.
(b) A local government entity and a public purpose nonprofit entity have:
(i) priority for vacant division-owned property over a private party; and
(ii) between them the same priority for vacant division-owned property.
(2) If the division receives multiple timely qualified proposals from applicants with the
highest and same priority, the division shall:
(a) notify the board of:
(i) the availability of the vacant division-owned property; and
(ii) the applicants with the highest and same priority that have submitted qualified
proposals; and
(b) provide the board with a copy of the timely qualified proposals submitted by the
applicants with the highest and same priority.
(3) Within 30 days after being notified under Subsection (2), the board shall:
(a) determine which applicant's qualified proposal is most likely to result in the highest
and best public benefit; and
(b) notify the division of the board's decision under Subsection (3)(a).
(4) The division shall convey the vacant division-owned property to:
(a) the applicant with the highest priority under Subsection (1), if the division receives
a timely qualified proposal from a single applicant with the highest priority; or
(b) the applicant whose qualified proposal was determined by the board under
Subsection (3) to be most likely to result in the highest and best public benefit, if the division
receives multiple timely qualified proposals from applicants with the highest and same priority.
(5) (a) If the division leases vacant division-owned property to a private party, the
division shall, within 30 days after a lease agreement is executed, provide written notice of the
lease to:
(i) the municipality in which the vacant division-owned property is located, if the
vacant division-owned property is within a municipality; or
(ii) the county in whose unincorporated area the vacant division-owned property is
located, if the vacant division-owned property is not located within a municipality.
(b) Nothing in this chapter may be used by a private party leasing division-owned
property as a basis for not complying with applicable local land use ordinances and regulations.
Section 61. Section 
63A-5b-908
, which is renumbered from Section 63A-5a-205 is
renumbered and amended to read:
[
63A-5a-205
].
 63A-5b-908.
Referring vacant division-owned property to
the Department of Transportation for auction.
(1) The division may refer vacant division-owned property to the Department of
Transportation for a public auction if:
(a) (i) the division has provided notice under Section [
63A-5a-202
] 
63A-5b-905
 with
respect to the vacant division-owned property; and
(ii) the division receives no qualified proposals in response to the notice under Section
[
63A-5a-202
] 
63A-5b-905
;
(b) the director determines that:
(i) there is no reasonable likelihood that within the foreseeable future:
(A) a primary state agency will use or occupy the vacant division-owned property; or
(B) a secondary state agency, local government entity, or public purpose nonprofit
entity will seek a transfer of ownership or lease of the vacant division-owned property; and
(ii) disposing of the vacant division-owned property through a public auction is in the
best interests of the state;
(c) the director requests and receives a recommendation on the proposed public auction
from the Legislative Executive Appropriations Committee;
(d) the director communicates the Executive Appropriations Committee's
recommendation to the executive director; and
(e) the executive director approves the public auction.
(2) If the division refers a vacant division-owned property to the Department of
Transportation for public auction, the Department of Transportation shall publicly auction the
vacant division-owned property under the same law and in the same manner that apply to a
public auction of Department of Transportation property.
(3) At a public auction conducted under Subsection (2), the Department of
Transportation may, on behalf of the division, accept an offer to purchase the vacant
division-owned property.
(4) The division and the Department of Transportation shall coordinate together to:
(a) manage the details of finalizing any sale of the vacant division-owned property at
public auction; and
(b) ensure that the buyer acquires proper title and that the division receives the net
proceeds of the sale.
(5) If a public auction under this section does not result in a sale of the vacant
division-owned property, the Department of Transportation shall notify the division and refer
the vacant division-owned property back to the division.
Section 62. Section 
63A-5b-909
, which is renumbered from Section 63A-5a-206 is
renumbered and amended to read:
[
63A-5a-206
].
 63A-5b-909.
State real property subject to right of first
refusal.
(1) (a) If Section 
78B-6-520.3
 applies to vacant division-owned property, the division
shall comply with Subsection 
78B-6-520.3
(3).
(b) If a condemnee accepts the division's offer to sell the vacant division-owned
property as provided in Section 
78B-6-520.3
, the division shall:
(i) comply with the requirements of Section 
78B-6-520.3
; and
(ii) terminate any process under this chapter to convey the vacant division-owned
property.
(c) A condemnee may waive rights and benefits afforded under Section 
78B-6-520.3
and instead seek a transfer of ownership or lease of vacant division-owned property under the
provisions of this chapter in the same manner as any other person not entitled to the rights and
benefits of Section 
78B-6-520.3
.
(2) (a) If Section 
78B-6-521
 applies to the anticipated disposal of the vacant
division-owned property, the division shall comply with the limitations and requirements of
Subsection 
78B-6-521
(2).
(b) If the original grantor or the original grantor's assignee accepts an offer for sale as
provided in Subsection 
78B-6-521
(2)(a)(i), the division shall:
(i) sell the vacant division-owned property to the original grantor or the original
grantor's assignee, as provided in Section 
78B-6-521
; and
(ii) terminate any process under this chapter to convey the vacant division-owned
property.
(c) An original grantor or the original grantor's assignee may waive rights afforded
under Section 
78B-6-521
 and instead seek a transfer of ownership or lease of vacant
division-owned property under the provisions of this chapter in the same manner as any other
person seeking a transfer of ownership or lease of vacant division-owned property to which
Section 
78B-6-521
 does not apply.
Section 63. Section 
63A-5b-910
, which is renumbered from Section 63A-5-215 is
renumbered and amended to read:
[
63A-5-215
].
 63A-5b-910.
Disposition of proceeds received by division
from sale of property.
(1) 
(a)
 Except as provided in Section 
62A-5-206.7
, 
the division shall pay into the state
treasury
 the money received [
by the division from the sale or other disposition of property shall
be paid into the state treasury and
] 
from the transfer of ownership or lease of division-owned
property.
(b) Money paid into the state treasury under Subsection (1)(a):
(i)
 becomes a part of the funds provided by law for carrying out the building program
of the state[
, and are
]
; and
(ii) is
 appropriated for [
that
] 
the
 purpose 
described in Subsection (1)(b)(i)
.
(2) The proceeds from [
sales of
] 
the transfer of ownership or lease of division-owned
property belonging to or used by a particular state agency shall, to the extent practicable, be
expended for the construction of buildings or in the performance of other work for the benefit
of that 
state
 agency.
Section 64. Section 
63A-5b-911
, which is renumbered from Section 63A-5-224 is
renumbered and amended to read:
[
63A-5-224
].
 63A-5b-911.
Authority to transfer land for commuter rail
station and related development.
The division may transfer title to a parcel of land it owns in a county of the first class to
a public transit district for the purpose of facilitating the development of a commuter rail transit
station and associated transit oriented development if:
(1) the parcel is within one mile of the proposed commuter rail transit station and
associated transit oriented development; and
(2) the division receives in return fair and adequate consideration.
Section 65. Section 
63A-5b-912
, which is renumbered from Section 63A-5-226 is
renumbered and amended to read:
[
63A-5-226
].
 63A-5b-912.
Report to Infrastructure and General
Government Appropriations Subcommittee.
The division shall, [
beginning in 2016, and in every even-numbered year after 2016,
] on
or before the third Wednesday in November 
of every even-numbered year
, present a written
report to the Infrastructure and General Government Appropriations Subcommittee that
identifies state land and buildings that are no longer needed and can be sold by the state.
Section 66. Section 
63A-5b-1001
 is enacted to read:
Part 10. Energy Conservation and Efficiency
 63A-5b-1001.
Definitions.
As used in this part:
(1) "Energy efficiency measure" means an action taken or initiated by an agency that:
(a) reduces the agency's energy or fuel use or resource energy consumption, water or
other resource consumption, operation and maintenance costs, or cost of energy, fuel, water, or
other resource; or
(b) increases the agency's energy or fuel efficiency or resource consumption efficiency.
(2) "Energy efficiency program" means a program established under Section
63A-5b-1002
 for the purpose of improving energy efficiency measures and reducing the energy
costs for state facilities.
(3) "Fund" means the State Facility Energy Efficiency Fund created in Section
63A-5b-1003
.
(4) "Performance efficiency agreement" means an agreement entered into by an agency
whereby the agency implements one or more energy efficiency measures and finances the costs
associated with implementation of performance efficiency measures using the stream of
expected savings in costs resulting from implementation of the performance efficiency
measures as a funding source for repayment.
(5) (a) "State facility" means any building, structure, or other improvement that is
constructed on property owned by the state, the state's departments, commissions, institutions,
or agencies, or a state institution of higher education.
(b) "State facility" does not include:
(i) an unoccupied structure that is a component of the state highway system;
(ii) a privately owned structure that is located on property owned by the state, the
state's departments, commissions, institutions, or agencies, or a state institution of higher
education; or
(iii) a structure that is located on land administered by the trust lands administration
under a lease, permit, or contract with the trust lands administration.
Section 67. Section 
63A-5b-1002
, which is renumbered from Section 63A-5-701 is
renumbered and amended to read:
[
63A-5-701
].
 63A-5b-1002.
State Building Energy Efficiency Program.
[
(1) For purposes of this section:
]
[
(a) "Division" means the Division of Facilities Construction and Management
established in Section 
63A-5-201
.
]
[
(b) "Energy efficiency measure" means an action taken or initiated by a state agency
that:
]
[
(i) reduces the state agency's energy or fuel use or resource energy consumption, water
or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water,
or other resource; or
]
[
(ii) increases the state agency's energy or fuel efficiency or resource consumption
efficiency.
]
[
(c) "Performance efficiency agreement" means an agreement entered into by a state
agency whereby the state agency implements one or more energy efficiency measures and
finances the costs associated with implementation of performance efficiency measures using
the stream of expected savings in costs resulting from implementation of the performance
efficiency measures as a funding source for repayment.
]
[
(d) "State agency" means each executive, legislative, and judicial branch department,
agency, board, commission, or division, and includes a state institution of higher education as
defined in Section 
53B-3-102
.
]
[
(e) "State Building Energy Efficiency Program" means a program established under
this section for the purpose of improving energy efficiency measures and reducing the energy 
costs for state facilities.
]
[
(f) (i) "State facility" means any building, structure, or other improvement that is
constructed on property owned by the state, its departments, commissions, institutions, or
agencies, or a state institution of higher education.
]
[
(ii) "State facility" does not mean:
]
[
(A) an unoccupied structure that is a component of the state highway system;
]
[
(B) a privately owned structure that is located on property owned by the state, its
departments, commissions, institutions, or agencies, or a state institution of higher education;
or
]
[
(C) a structure that is located on land administered by the School and Institutional
Trust Lands Administration under a lease, permit, or contract with the School and Institutional
Trust Lands Administration.
]
[
(2)
] 
(1)
 The division shall:
(a) develop and administer the [
state building
] energy efficiency program, which shall
include guidelines and procedures to improve energy efficiency in the maintenance and
management of state facilities;
(b) provide information and assistance to [
state
] agencies in their efforts to improve
energy efficiency;
(c) analyze energy consumption by [
state
] agencies to identify opportunities for
improved energy efficiency;
(d) establish an advisory group composed of representatives of [
state
] agencies to
provide information and assistance in the development and implementation of the [
state
building
] energy efficiency program; and
(e) submit to the governor and to the Infrastructure and General Government
Appropriations Subcommittee of the Legislature an annual report that:
(i) identifies strategies for long-term improvement in energy efficiency;
(ii) identifies goals for energy conservation for the upcoming year; and
(iii) details energy management programs and strategies that were undertaken in the
previous year to improve the energy efficiency of [
state
] agencies and the energy savings
achieved.
[
(3)
] 
(2)
 Each [
state
] agency shall:
(a) designate a staff member that is responsible for coordinating energy efficiency
efforts within the agency;
(b) provide energy consumption and costs information to the division;
(c) develop strategies for improving energy efficiency and reducing energy costs; and
(d) provide the division with information regarding the agency's energy efficiency and
reduction strategies.
[
(4) (a)
] 
(3) (a)
 [
A state
] 
An
 agency may enter into a performance efficiency agreement
for a term of up to 20 years.
(b) Before entering into a performance efficiency agreement, the [
state
] agency shall:
(i) utilize the division to oversee the project unless the project is exempt from the
division's oversight or the oversight is delegated to the agency under the provisions of Section
[
63A-5-206
] 
63A-5b-701
;
(ii) obtain the prior approval of the governor or the governor's designee; and
(iii) provide the Office of 
the
 Legislative Fiscal Analyst with a copy of the proposed
agreement before the agency enters into the agreement.
(4) An agency may consult with the energy efficiency program manager within the
division regarding:
(a) the cost effectiveness of energy efficiency measures; and
(b) ways to measure energy savings that take into account fluctuations in energy costs
and temperature.
(5) (a) Except as provided under Subsection (5)(b) and subject to future budget
constraints, the Legislature may not remove energy savings from an agency's appropriation.
(b) An agency shall use energy savings to:
(i) fund the cost of the energy efficiency measures; and
(ii) if funds are available after meeting the requirements of Subsection (5)(b)(i), fund
and implement new energy efficiency measures.
(c) The Legislature may remove energy savings if:
(i) an agency has complied with Subsection (5)(b)(i); and
(ii) no new cost-effective energy efficiency measure is available for implementation.
Section 68. Section 
63A-5b-1003
, which is renumbered from Section 63A-5-603 is
renumbered and amended to read:
[
63A-5-603
].
 63A-5b-1003.
State Facility Energy Efficiency Fund --
Contents -- Use of fund money.
[
(1) As used in this section:
]
[
(a) "Board" means the State Building Board.
]
[
(b) "Division" means the Division of Facilities Construction and Management.
]
[
(c) "Fund" means the State Facility Energy Efficiency Fund created by this section.
]
[
(2)
] 
(1)
 There is created a revolving loan fund known as the "State Facility Energy
Efficiency Fund."
[
(3) To capitalize the fund, the Division of Finance shall, at the end of fiscal year
2007-08, transfer $3,650,000 from the Stripper Well-Petroleum Violation Escrow Fund to the
fund.
]
[
(4)
] 
(2)
 The fund shall consist of:
(a) money transferred [
under Subsection (3)
] 
from the Stripper Well-Petroleum
Violation Escrow Fund
;
(b) money appropriated by the Legislature;
(c) money received for the repayment of loans made from the fund; and
(d) interest earned on the fund.
[
(5)
] 
(3)
 The board shall make a loan from the fund to [
a state
] 
an
 agency to[
, wholly or
in part,
] finance 
all or part of
 energy efficiency measures.
[
(6)
] 
(4)
 (a) (i) [
A state
] 
An
 agency requesting a loan shall submit an application to the
board in the form and containing the information that the board requires, including plans and
specifications for the proposed energy efficiency measures.
(ii) [
A state
] 
An
 agency may request a loan to fund all or part of the cost of energy
efficiency measures.
(b) If the board rejects the application, the board shall notify the applicant stating the
reasons for the rejection.
[
(7)
] 
(5)
 (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the board shall make rules establishing:
(i) criteria to determine:
(A) loan eligibility;
(B) energy efficiency measures priority; and
(C) ways to measure energy savings that take into account fluctuations in energy costs
and temperature; and
(ii) a method of monitoring actual savings resulting from energy efficiency measures
implemented using loan money from the fund, using objective and verifiable post-construction
measures, if available.
(b) In making rules that establish prioritization criteria for energy efficiency measures,
the board may consider:
(i) possible additional sources of revenue;
(ii) the feasibility and practicality of the energy efficiency measures;
(iii) the energy savings attributable to eligible energy efficiency measures;
(iv) the annual energy savings;
(v) the projected energy cost payback of eligible energy efficiency measures;
(vi) other benefits to the state attributable to eligible energy efficiency measures;
(vii) the availability of federal funds for the energy efficiency measures; and
(viii) whether to require [
a state
] 
an
 agency to provide matching funds for the energy
efficiency measures.
[
(8)
] 
(6)
 (a) In reviewing energy efficiency measures for possible funding, the board
shall:
(i) review the loan application and the plans and specifications for the energy
efficiency measures;
(ii) determine whether to grant the loan by applying the loan eligibility criteria; and
(iii) if the loan is granted, prioritize funding of the energy efficiency measures by
applying the prioritization criteria.
(b) The board may condition approval of a loan application and the availability of
funds on assurances from the [
state
] agency that the board considers necessary to ensure that
the [
state
] agency:
(i) uses the proceeds to pay the cost of the energy efficiency measures; and
(ii) implements the energy efficiency measures.
[
(9)
] 
(7)
 The division shall annually report to the Government Operations Interim
Committee of the Legislature the actual savings resulting from energy efficiency measures
implemented using loan money from the fund, as monitored pursuant to rules adopted under
Subsection [
(7)
] 
(5)
(a)(ii).
[
(10)
] 
(8)
 The [
State Building Energy Efficiency Program
] 
manager of the energy
efficiency program
 shall provide staff support when the board performs the duties established
in this section.
Section 69. Section 
63A-5b-1101
 is enacted to read:
Part 11. Miscellaneous Provisions
 63A-5b-1101.
Gifts, grants, and donations.
(1) (a) The state or the division may receive a gift, grant, or donation to further the
purposes of this part.
(b) A gift, grant, or donation described in Subsection (1)(a) may not revert to the
General Fund.
(2) (a) This Subsection (2) applies if:
(i) a donor donates land to an institution of higher education and commits to construct
a building or buildings on the land; and
(ii) the institution of higher education:
(A) agrees to provide funds for the operation and maintenance costs of the building or
buildings from sources other than state funds; and
(B) agrees that the building or buildings will not be eligible for state capital
improvement funding.
(b) Notwithstanding any other provision of this chapter, an institution of higher
education that receives a donation described in Subsection (2)(a) may:
(i) oversee and manage a construction project on the donated land without
involvement, oversight, or management from the division; or
(ii) arrange for oversight and management of the construction project by the division.
(c) The role of compliance agency on a construction project on the donated land shall
be provided by:
(i) the institution of higher education, for a construction project that the institution of
higher education oversees and manages under Subsection (2)(b); or
(ii) the director, for a construction project that the division oversees and manages under
Subsection (2)(b)(ii).
Section 70. Section 
63A-5b-1102
, which is renumbered from Section 63A-5-801 is
renumbered and amended to read:
[
63A-5-801
].
 63A-5b-1102.
Memorials by the state or state agencies.
(1) As used in this section:
(a) [
"State
] 
"Authorizing
 agency" means [
any of the following of the state
] 
an agency
that holds title to state land[
:
]
.
[
(i) a department;
]
[
(ii) a division;
]
[
(iii) a board;
]
[
(iv) an institution of higher education; or
]
[
(v) for the judicial branch, the state court administrator.
]
(b) [
"State
] 
"Authorizing
 agency" does not mean a local district under Title 17B,
Limited Purpose Local Government Entities - Local Districts, or a special service district under
Title 17D, Chapter 1, Special Service District Act.
(2) The Legislature, the governor, or [
a state
] 
an authorizing
 agency may authorize the
use or donation of state land for the purpose of maintaining, erecting, or contributing to the
erection or maintenance of a memorial to commemorate [
those
] individuals who have:
(a) participated in or have given their lives in any of the one or more wars or military
conflicts in which the United States of America has been a participant; or
(b) given their lives in association with public service on behalf of the state, including
firefighters, peace officers, highway patrol officers, or other public servants.
(3) The use or donation of state land in relation to a memorial described in Subsection
(2) may include:
(a) using or appropriating public funds for the purchase, development, improvement, or
maintenance of state land on which a memorial is located or established;
(b) using or appropriating public funds for the erection, improvement, or maintenance
of a memorial;
(c) donating or selling state land for use in relation to a memorial; or
(d) authorizing the use of state land for a memorial that is funded or maintained in part
or in full by another public or private entity.
(4) The Legislature, the governor, or [
a state
] 
an authorizing
 agency may specify the
form, placement, and design of a memorial that is subject to this section if the Legislature, the
governor, or the [
state
] 
authorizing
 agency holds title to, has authority over, or donates the land
on which a memorial is established.
(5) [
Memorials
] 
A memorial
 within the definition of a capital development 
project,
 as
defined in Section [
63A-5-104
 must
] 
63A-5b-401
, is required to
 be approved as provided for in
Section [
63A-5-104
] 
63A-5b-402
.
(6) Nothing in this section [
shall
] 
may
 be construed as a prohibition of [
memorials
] 
a
memorial
, including [
those for purposes
] 
a memorial for a purpose
 not covered by this section,
[
which have been
] 
that:
(a) is
 erected within the approval requirements in effect at the time of [
their
] 
the
memorial's
 erection
;
 or
(b)
 [
which
] may be duly authorized through other legal means.
Section 71. Section 
63A-5b-1103
 is enacted to read:
 63A-5b-1103.
Making keys to buildings of state, political subdivisions, or colleges
and universities without permission prohibited.
(1) As used in this section:
(a) "Applicable government entity" means a state agency, a political subdivision of the
state, the Board of Regents, or any college or university supported in whole or in part by the
state.
(b) "Government facility" means a building, laboratory, facility, room, dormitory, hall,
or other structure owned, licensed as a licensee, leased as a tenant, or lawfully occupied by an
applicable government entity.
(2) An individual may not knowingly make or cause to be made any key or duplicate
key for a government facility without the prior written consent of the applicable government
entity.
(3) A person who violates this section is guilty of a class B misdemeanor.
Section 72. Section 
63A-5b-1104
 is enacted to read:
 63A-5b-1104.
Notification to local governments for construction or modification
of certain facilities.
(1) (a) The director or the director's designee shall notify in writing the elected
representatives of a local government entity directly and substantively affected by any
diagnostic, treatment, parole, probation, or other secured facility project exceeding $250,000,
if:
(i) the nature of the project has been significantly altered since an earlier notification;
(ii) the project would significantly change the nature of the functions presently
conducted at the location; or
(iii) the project is new construction.
(b) At the request of the state entity or the local government entity, representatives
from the state entity and the affected local entity shall conduct or participate in a local public
hearing or hearings to discuss the issues described in Subsection (1)(a).
(2) (a) (i) Before beginning the construction of student housing on property owned by
the state or an institution of higher education, the director shall provide written notice of the
proposed construction, as provided in Subsection (2)(a)(ii), if any of the proposed student
housing buildings is within 300 feet of privately owned residential property.
(ii) Each notice under Subsection (2)(a)(i) shall be provided to the legislative body and,
if applicable, the mayor of:
(A) the county in whose unincorporated area the privately owned residential property is
located; or
(B) the municipality in whose boundary the privately owned residential property is
located.
(b) (i) Within 21 days after receiving the notice required by Subsection (2)(a)(i), a
county or municipality entitled to the notice may submit a written request to the director for a
public hearing on the proposed student housing construction.
(ii) If a county or municipality requests a hearing under Subsection (2)(b)(i), the
director and the county or municipality shall jointly hold a public hearing to provide
information to the public and to allow the director and the county or municipality to receive
input from the public about the proposed student housing construction.
Section 73. Section 
63A-5b-1105
 is enacted to read:
 63A-5b-1105.
Testing and inspection firm requirements.
The director shall ensure that any person performing testing and inspection work
governed by the American Society for Testing Materials Standard E-329 on a public building
under the director's supervision:
(1) fully complies with the American Society for Testing Materials standard
specifications for an agency engaged in the testing and inspection of materials known as ASTM
E-329; and
(2) carries a minimum of $1,000,000 of errors and omissions insurance.
Section 74. Section 
63A-5b-1106
, which is renumbered from Section 63A-5-222 is
renumbered and amended to read:
[
63A-5-222
].
 63A-5b-1106.
Critical land near state prison -- Definitions --
Preservation as open land -- Management and use of land -- Restrictions on transfer --
Wetlands development -- Conservation easement.
(1) For purposes of this section:
(a) "Corrections" means the Department of Corrections created under Section 
64-13-2
.
(b) "Critical land" means:
(i) a parcel of approximately 250 acres of land owned by the division and located on
the east edge of the Jordan River between about 12300 South and 14600 South in Salt Lake
County, approximately the southern half of whose eastern boundary abuts the Denver and Rio
Grande Western Railroad right-of-way; and
(ii) any parcel acquired in a transaction authorized under Subsection (3)(c) as a
replacement for a portion of the parcel described in Subsection (1)(b)(i) that is conveyed as part
of the transaction.
(c) (i) "Open land" means land that is:
(A) preserved in or restored to a predominantly natural, open, and undeveloped
condition; and
(B) used for:
(I) wildlife habitat;
(II) cultural or recreational use;
(III) watershed protection; or
(IV) another use consistent with the preservation of the land in or restoration of the
land to a predominantly natural, open, and undeveloped condition.
(ii) (A) "Open land" does not include land whose predominant use is as a developed
facility for active recreational activities, including baseball, tennis, soccer, golf, or other
sporting or similar activity.
(B) The condition of land does not change from a natural, open, and undeveloped
condition because of the development or presence on the land of facilities, including trails,
waterways, and grassy areas, that:
(I) enhance the natural, scenic, or aesthetic qualities of the land; or
(II) facilitate the public's access to or use of the land for the enjoyment of its natural,
scenic, or aesthetic qualities and for compatible recreational activities.
(2) (a) (i) The critical land shall be preserved in perpetuity as open land.
(ii) The long-term ownership and management of the critical land should eventually be
turned over to the Department of Natural Resources created under Section 
79-2-201
 or another
agency or entity that is able to accomplish the purposes and intent of this section.
(b) Notwithstanding Subsection (2)(a)(i) and as funding is available, certain actions
should be taken on or with respect to the critical land, including:
(i) the development and implementation of a program to eliminate noxious vegetation
and restore and facilitate the return of natural vegetation on the critical land;
(ii) the development of a system of trails through the critical land that is compatible
with the preservation of the critical land as open land;
(iii) the development and implementation of a program to restore the natural features of
and improve the flows of the Jordan River as it crosses the critical land;
(iv) the preservation of the archeological site discovered on the critical land and the
development of an interpretive site in connection with the archeological discovery;
(v) in restoring features on the critical land, the adoption of methods and plans that will
enhance the critical land's function as a wildlife habitat;
(vi) taking measures to reduce safety risks on the critical land; and
(vii) the elimination or rehabilitation of a prison dump site on the critical land.
(3) (a) Except as provided in Subsections (3)(b) and (c), no interest in the critical land
may be sold, assigned, leased, or otherwise transferred unless measures are taken to ensure that
the critical land that is transferred will be preserved as open land in perpetuity.
(b) Notwithstanding Subsection (3)(a), exchanges of property may be undertaken to
resolve boundary disputes with adjacent property owners and easements may be granted for
trails and other purposes consistent with Subsection (2)(b) and with the preservation of the
critical land as open land.
(c) The Department of Natural Resources may transfer title to a portion of the critical
land described in Subsection (1)(b)(i) in exchange for a parcel of land if:
(i) the parcel being acquired is:
(A) open land; and
(B) located within one mile of the portion of critical land being transferred; and
(ii) the purpose of the exchange is to facilitate the development of a commuter rail
transit station and associated transit oriented development.
(4) The division shall use the funds remaining from the appropriation under Laws of
Utah 1998, Chapter 399, for the purposes of:
(a) determining the boundaries and legal description of the critical land;
(b) determining the boundaries and legal description of the adjacent property owned by
the division;
(c) fencing the critical land and adjacent land owned by the division where appropriate
and needed; and
(d) assisting to carry out the intent of this section.
(5) (a) Notwithstanding Subsection (2)(a)(i), the division or its successor in title to the
critical land may develop or allow a public agency or private entity to develop more wetlands
on the critical land than exist naturally or existed previously.
(b) (i) Subject to Subsections (3)(a) and (5)(b)(ii), the division or its successor in title
may transfer jurisdiction of all or a portion of the critical land to a public agency or private
entity to provide for the development and management of wetlands and designated wetland
buffer areas.
(ii) Before transferring jurisdiction of any part of the critical land under Subsection
(5)(b)(i), the division or its successor in title shall assure that reasonable efforts are made to
obtain approval from the appropriate federal agency to allow mitigation credits in connection
with the critical land to be used for impacts occurring anywhere along the Wasatch Front.
(6) Notwithstanding any other provision of this section, corrections shall have access to
the cooling pond located on the critical land as long as that access to and use of the cooling
pond are not inconsistent with the preservation of the critical land as open land.
(7) [
The Department of
] Corrections, the division, and all other state departments,
divisions, or agencies shall cooperate together to carry out the intent of this section.
(8) In order to ensure that the land referred to in this section is preserved as open land,
the division shall, as soon as practicable, place the land under a perpetual conservation
easement in favor of an independent party such as a reputable land conservation organization or
a state or local government agency with experience in conservation easements.
Section 75. Section 
63A-5b-1107
, which is renumbered from Section 63A-5-225 is
renumbered and amended to read:
[
63A-5-225
].
 63A-5b-1107.
Development of new correctional facilities.
(1) As used in this section:
(a) "Committee" means the Legislative Management Committee created in Section
36-12-6
.
(b) "New correctional facilities" means a new prison and related facilities to be
constructed to replace the state prison located in Draper.
(c) "Prison project" means all aspects of a project for the design and construction of
new correctional facilities on the selected site, including:
(i) the acquisition of land, interests in land, easements, or rights-of-way;
(ii) site improvement; and
(iii) the acquisition, construction, equipping, or furnishing of facilities, structures,
infrastructure, roads, parking facilities, utilities, and improvements, whether on or off the
selected site, that are necessary, incidental, or convenient to the development of new
correctional facilities on the selected site.
(d) "Selected site" means the site selected [
under Subsection 
63C-15-203
(2)
] as the site
for new correctional facilities.
(2) In consultation with the committee, the division shall oversee the prison project, as
provided in this section.
(3) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and this
section, the division shall:
(i) enter into contracts with persons providing professional and construction services
for the prison project;
(ii) provide reports to the committee regarding the prison project, as requested by the
[
commission
] 
committee
; and
(iii) consider input from the committee on the prison project, subject to Subsection
(3)(b).
(b) The division may not consult with or receive input from the committee regarding:
(i) the evaluation of proposals from persons seeking to provide professional and
construction services for the prison project; or
(ii) the selection of persons to provide professional and construction services for the
prison project.
(c) A contract with a project manager or person with a comparable position on the
prison project shall include a provision that requires the project manager or other person to
provide reports to the committee regarding the prison project, as requested by the committee.
(4) All contracts associated with the design or construction of new correctional
facilities shall be awarded and managed by the division in accordance with Title 63G, Chapter
6a, Utah Procurement Code, and this section.
(5) The division shall coordinate with the Department of Corrections, created in
Section 
64-13-2
, and the State Commission on Criminal and Juvenile Justice, created in
Section 
63M-7-201
, during the prison project to help ensure that the design and construction of
new correctional facilities are conducive to and consistent with, and help to implement any
reforms of or changes to, the state's corrections system and corrections programs.
(6) (a) There is created within the General Fund a restricted account known as the
"Prison Development Restricted Account."
(b) The account created in Subsection (6)(a) is funded by legislative appropriations.
(c) (i) The account shall earn interest or other earnings.
(ii) The Division of Finance shall deposit interest or other earnings derived from the
investment of account funds into the account.
(d) Upon appropriation from the Legislature, money from the account shall be used to
fund the Prison Project Fund created in Subsection (7).
(7) (a) There is created a capital projects fund known as the "Prison Project Fund."
(b) The fund consists of:
(i) money appropriated to the fund by the Legislature; and
(ii) proceeds from the issuance of bonds authorized in Section 
63B-25-101
 to provide
funding for the prison project.
(c) (i) The fund shall earn interest or other earnings.
(ii) The Division of Finance shall deposit interest or other earnings derived from the
investment of fund money into the fund.
(d) Money in the fund shall be used by the division to fund the prison project.
Section 76. Section 
63B-1-304
 is amended to read:
63B-1-304.
State Building Ownership Authority created -- Members --
Compensation -- Location in Department of Administrative Services.
(1) There is created a body politic and corporate to be known as the State Building
Ownership Authority composed of:
(a) the governor;
(b) the state treasurer; and
(c) the chair of the [
State Building Board
] 
state building board
 created under Section
[
63A-5-101
] 
63A-5b-201
.
(2) 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
.
(3) (a) Upon request, the division shall provide staff support to the State Building
Ownership Authority.
(b) The State Building Ownership Authority may seek and obtain independent financial
advice, support, and information from the state financial advisor created under Section
67-4-16
.
Section 77. Section 
63B-2-301
 is amended to read:
63B-2-301.
Legislative intent -- Additional projects.
It is the intent of the Legislature that:
(1) The Department of Employment Security use money in the special administrative
fund to plan, design, and construct a Davis County facility under the supervision of the director
of the Division of Facilities Construction and Management unless supervisory authority is
delegated by him as authorized by Section [
63A-5-206
] 
63A-5b-604
.
(2) The University of Utah may use donated funds to plan, design, and construct the
Nora Eccles Harrison addition under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by him as authorized
by Section [
63A-5-206
] 
63A-5b-604
.
(3) The University of Utah may use hospital funds to plan, design, and construct the
West Patient Services Building under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by him as
authorized by Section [
63A-5-206
] 
63A-5b-604
.
(4) The University of Utah may use federal funds to plan, design, and construct the
Computational Science Building under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by him as
authorized by Section [
63A-5-206
] 
63A-5b-604
.
(5) The Board of Regents may issue revenue bonds to provide:
(a) $6,700,000 to plan, design, and construct single student housing at Utah State
University under the supervision of the director of the Division of Facilities Construction and
Management unless supervisory authority is delegated by him as authorized by Section
[
63A-5-206
] 
63A-5b-604
; and
(b) additional money necessary to:
(i) pay costs incident to the issuance and sale of the bonds;
(ii) pay interest on the bonds that accrues during construction and acquisition of the
project and for up to one year after construction is completed; and
(iii) fund any reserve requirements for the bonds.
(6) Utah State University may use federal funds to plan, design, and construct the
Natural Resources Lab addition under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by him as
authorized by Section [
63A-5-206
] 
63A-5b-604
.
(7) Utah State University may use funds derived from property sales to plan, design,
and construct emergency relocation facilities for the Farmington Botanical Gardens under the
supervision of the director of the Division of Facilities Construction and Management unless
supervisory authority is delegated by him as authorized by Section [
63A-5-206
] 
63A-5b-604
.
(8) Utah State University may use institutional funds to plan, design, and construct an
institutional residence for the president under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by him as
authorized by Section [
63A-5-206
] 
63A-5b-604
.
(9) Weber State University may use discretionary funds to construct a remodel and
expansion of the stores building and mail service facilities under the supervision of the director
of the Division of Facilities Construction and Management unless supervisory authority is
delegated by him as authorized by Section [
63A-5-206
] 
63A-5b-604
.
(10) Weber State University may use fees and auxiliary revenue to plan, design, and
construct a remodel and expansion of the Shepherd Student Union Building under the
supervision of the director of the Division of Facilities Construction and Management unless
supervisory authority is delegated by him as authorized by Section [
63A-5-206
] 
63A-5b-604
.
(11) Southern Utah University may use donated funds to plan, design, and construct an
alumni house under the supervision of the director of the Division of Facilities Construction
and Management unless supervisory authority is delegated by him as authorized by Section
[
63A-5-206
] 
63A-5b-604
.
(12) Utah State University Eastern may use auxiliary revenues and other fees to:
(a) make lease or other payments;
(b) redeem revenue bonds or repay loans issued on behalf of the college; and
(c) plan, design, and construct a 200 person residence hall under the supervision of the
director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by him as authorized by Section [
63A-5-206
] 
63A-5b-604
.
(13) The Sevier Valley Applied Technology Center may use private and Community
Impact Board funds, if approved, to plan, design, and construct a performing arts/multi-use
facility under the supervision of the director of the Division of Facilities Construction and
Management unless supervisory authority is delegated by him as authorized by Section
[
63A-5-206
] 
63A-5b-604
.
(14) Ogden City and Weber County may have offices and related space for their
attorneys included in the Ogden Courts building if the city and county are able to provide
upfront funding to cover all costs associated with the design and construction of that space. In
addition, the city and county shall cover their proportionate share of all operations and
maintenance costs of their facility, including future major repairs to the building.
(15) If the Legislature authorizes the Division of Facilities Construction and
Management to enter into a lease purchase agreement for the Department of Human Services
facility at 1385 South State Street in Salt Lake City or for the State Board of Education facility
and adjacent space in Salt Lake City, or for both of those facilities, the State Building
Ownership Authority, at the reasonable rates and amounts it may determine, and with technical
assistance from the state treasurer, the director of the Division of Finance, and the executive
director of the Governor's Office of Management and Budget, may seek out the most cost
effective lease purchase plans available to the state and may, pursuant to Title 63B, Chapter 1,
Part 3, State Building Ownership Authority Act, certificate out interests in, or obligations of the
authority pertaining to:
(a) the lease purchase obligation; or
(b) lease rental payments under the lease purchase obligation.
(16) Salt Lake Community College may use donated funds to plan, design, and
construct an amphitheater under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by him as authorized
by Section [
63A-5-206
] 
63A-5b-604
.
(17) For the Tax Commission building, that:
(a) All costs associated with the construction and furnishing of the Tax Commission
building that are incurred before the issuance of the 1993 general obligation bonds be
reimbursed by bond proceeds.
(b) The maximum amount of cost that may be reimbursed from the 1993 general
obligation bond proceeds for the Tax Commission building and furnishings may not exceed
$14,230,000.
(c) This intent statement for Subsection (17) constitutes a declaration of official intent
under Section 1.103-18 of the U.S. Treasury Regulations.
Section 78. Section 
63B-4-201
 is amended to read:
63B-4-201.
Legislative intent statements -- Capital facilities.
(1) (a) It is the intent of the Legislature that the University of Utah use institutional and
other funds to plan, design, and construct two campus child care centers under the supervision
of the director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by the director.
(b) The university shall work with Salt Lake City and the surrounding neighborhood to
ensure site compatibility for future recreational development by the city.
(2) It is the intent of the Legislature that the University of Utah use institutional funds
to plan, design, and construct:
(a) the Union Parking structure under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(b) the stadium renovation under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(c) the Huntsman Cancer Institute under the supervision of the director of the Division
of Facilities Construction and Management unless supervisory authority is delegated by the
director;
(d) the Business Case Method Building under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director; and
(e) the Fine Arts Museum expansion under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(3) It is the intent of the Legislature that Utah State University use institutional funds to
plan, design, and construct:
(a) a student health services facility under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director;
(b) a women's softball field under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(c) an addition to the Nutrition and Food Services Building under the supervision of
the director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by the director; and
(d) a Human Resource Research Center under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(4) It is the intent of the Legislature that Weber State University use institutional funds
to plan, design, and construct:
(a) a track renovation under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director; and
(b) the Dee Events Center offices under the supervision of the director of the Division
of Facilities Construction and Management unless supervisory authority is delegated by the
director.
(5) It is the intent of the Legislature that Southern Utah University use:
(a) institutional funds to plan, design, and construct an institutional residence under the
supervision of the director of the Division of Facilities Construction and Management unless
supervisory authority is delegated by the director; and
(b) project revenues and other funds to plan, design, and construct the Shakespearean
Festival support facilities under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director.
(6) It is the intent of the Legislature that Dixie College use institutional funds to plan,
design, and construct an institutional residence under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(7) It is the intent of the Legislature that the Division of Forestry, Fire, and State Lands
use federal and other funds to plan, design, and construct a wetlands enhancement facility
under the supervision of the director of the Division of Facilities Construction and
Management unless supervisory authority is delegated by the director.
(8) (a) As provided in Subsection 
[
63A-5-209
(2)
] 
63A-5b-609
(2)
, the funds
appropriated to the Project Reserve Fund may only be used for the award of contracts in excess
of the construction budget if these funds are required to meet the intent of the project.
(b) It is the intent of the Legislature that:
(i) up to $2,000,000 of the amount may be used to award the construction contract for
the Ogden Court Building; and
(ii) the need for any funds remaining as of December 31, 1995 be reviewed by the 1996
Legislature.
(9) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
or execute obligations or enter into or arrange for a lease purchase agreement in which
participation interests may be created to provide up to $539,700 for the purchase and
demolition of the Keyston property and construction of parking facilities adjacent to the State
Board of Education building in Salt Lake City, with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(10) (a) It is the intent of the Legislature that the money appropriated for Phase One of
the Remodeling/Life Safety Upgrades of the Browning Fine Arts Center at Weber State
University is to include design of full code compliance, life safety, space necessary to maintain
required programs, and seismic upgrades.
(b) The design shall identify the full scope and cost of Phase Two of the remodeling for
funding consideration in the fiscal year 1997 budget cycle.
(11) It is the intent of the Legislature that:
(a) the fiscal year 1996 appropriation for the Davis County Higher Education land
purchase includes up to $250,000 for planning purposes;
(b) the Division of Facilities Construction and Management, the Board of Regents, and
the assigned institution of higher education work jointly to ensure the following elements are
part of the planning process:
(i) projections of student enrollment and programmatic needs for the next 10 years;
(ii) review and make recommendations for better use of existing space, current
technologies, public/private partnerships, and other alternatives as a means to reduce the need
for new facilities and still accommodate the projected student needs; and
(iii) use of a master plan that includes issues of utilities, access, traffic circulation,
drainage, rights of way, future developments, and other infrastructure items considered
appropriate; and
(c) every effort is used to minimize expenditures for this part until a definitive decision
has been made by BRACC relative to Hill Air Force Base.
(12) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
or execute obligations or enter into or arrange for a lease purchase agreement in which
participation interests may be created, to provide up to $7,400,000 for the acquisition and
improvement of the Human Services Building located at 120 North 200 West, Salt Lake City,
Utah, with associated parking for the Department of Human Services together with additional
amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(13) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
or execute obligations or enter into or arrange for a lease purchase agreement in which
participation interests may be created to provide up to $63,218,600 for the construction of a
Salt Lake Courts Complex together with additional amounts necessary to:
(i) pay costs of issuance;
(ii) pay capitalized interest; and
(iii) fund any debt service reserve requirements.
(b) It is the intent of the Legislature that the authority seek out the most cost effective
and prudent lease purchase plan available with technical assistance from the state treasurer, the
director of the Division of Finance, and the executive director of the Governor's Office of
Management and Budget.
(c) It is the intent of the Legislature that the Division of Facilities Construction and
Management lease land to the State Building Ownership Authority for the construction of a
Salt Lake Courts Complex.
(14) It is the intent of the Legislature that:
(a) the Board of Regents use the higher education design project money to design no
more than two higher education projects from among the following projects:
(i) Utah State University Eastern - Student Center;
(ii) Snow College - Noyes Building;
(iii) University of Utah - Gardner Hall;
(iv) Utah State University - Widtsoe Hall; or
(v) Southern Utah University - Physical Education Building; and
(b) the higher education institutions that receive approval from the Board of Regents to
design projects under this chapter design those projects under the supervision of the director of
the Division of Facilities Construction and Management unless supervisory authority is
delegated by the director.
(15) It is the intent of the Legislature that:
(a) the Board of Regents may authorize the University of Utah to use institutional
funds and donated funds to design Gardner Hall; and
(b) if authorized by the Board of Regents, the University of Utah may use institutional
funds and donated funds to design Gardner Hall under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(16) It is the intent of the Legislature that the Division of Facilities Construction and
Management use up to $250,000 of the capital improvement money to fund the site
improvements required at the San Juan campus of the Utah State University Eastern.
Section 79. Section 
63B-9-103
 is amended to read:
63B-9-103.
Other capital facility authorizations and intent language.
(1) It is the intent of the Legislature that:
(a) Utah State University use institutional funds to plan, design, and construct a
renovation and expansion of the Edith Bowen School under the direction of the director of the
Division of Facilities Construction and Management unless supervisory authority has been
delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets
approved academic and training purposes under Board of Regents policy R710.
(2) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a
College of Science Math Center under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets
approved academic and training purposes under Board of Regents policy R710.
(3) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a
Burbidge Athletics and Academics Building under the direction of the director of the Division
of Facilities Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(4) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct an
expansion to the bookstore under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(5) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a Health
Sciences/Basic Sciences Building under the direction of the director of the Division of
Facilities Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets
approved academic and training purposes under Board of Regents policy R710.
(6) It is the intent of the Legislature that:
(a) Weber State University use institutional funds to plan, design, and construct an
expansion to the stadium under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(7) It is the intent of the Legislature that:
(a) Utah Valley State College use institutional funds to plan, design, and construct a
baseball stadium under the direction of the director of the Division of Facilities Construction
and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the college may not request state funds for operations and maintenance.
(8) It is the intent of the Legislature that:
(a) Southern Utah University use institutional funds to plan, design, and construct a
weight training room under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(9) It is the intent of the Legislature that:
(a) Snow College may lease land at the Snow College Richfield campus to a private
developer for the construction and operation of student housing;
(b) the oversight and inspection of the construction comply with Section [
63A-5-206
]
63A-5b-604
;
(c) no state funds be used for any portion of this project; and
(d) the college may not request state funds for operations and maintenance.
(10) It is the intent of the Legislature that:
(a) Salt Lake Community College may lease land at the Jordan campus to Jordan
School District for the construction and operation of an Applied Technology Education Center;
(b) the oversight and inspection of the construction comply with Section [
63A-5-206
]
63A-5b-604
;
(c) no state funds be used for any portion of this project; and
(d) the college may not request state funds for operations and maintenance.
(11) It is the intent of the Legislature that:
(a) the Department of Transportation exchange its maintenance station at Kimball
Junction for property located near Highway 40 in Summit County; and
(b) the Department of Transportation use federal funds, rent paid by the Salt Lake
Organizing Committee for the use of the maintenance station, and any net proceeds resulting
from the exchange of property to construct a replacement facility under the direction of the
director of the Division of Facilities Construction and Management unless supervisory
authority has been delegated.
(12) It is the intent of the Legislature that:
(a) the Department of Transportation sell surplus property in Utah County;
(b) the Department of Transportation use funds from that sale to remodel existing
space and add an addition to the Region 3 Complex; and
(c) the project cost not exceed the funds received through sale of property.
(13) It is the intent of the Legislature that the Department of Workforce Services use
proceeds from property sales to purchase additional property adjacent to its state-owned facility
in Logan.
(14) (a) It is the intent of the Legislature that, because only partial funding is provided
for the Heat Plant/Infrastructure Project at Utah State University, the balance necessary to
complete this project be addressed by future Legislatures, either through appropriations or
through the issuance of bonds.
(b) (i) In compliance with Section [
63A-5-207
] 
63A-5b-608
, the division may enter
into contracts for amounts not to exceed the anticipated full project funding but may not allow
work to be performed on those contracts in excess of the funding already authorized by the
Legislature.
(ii) Those contracts shall contain a provision for termination of the contract for the
convenience of the state.
(c) It is also the intent of the Legislature that this authorization to the division does not
bind future Legislatures to fund the Heat Plant/Infrastructure Project at Utah State University.
Section 80. Section 
63B-16-201
 is amended to read:
63B-16-201.
Revenue bond authorizations -- State Building Ownership
Authority.
(1) It is the intent of the Legislature that:
(a) the State Building Ownership Authority, under the authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease-purchase agreement in which participation interests may be created,
to provide up to $5,662,000 for the acquisition and construction of three stores for the
Department of Alcoholic Beverage Control, together with additional amounts necessary to pay
costs of issuance, pay capitalized interest, and fund any debt service reserve requirements;
(b) the stores to be addressed through this authorization are:
(i) expansion of the North Temple store in Salt Lake County;
(ii) expansion of the Taylorsville store in Salt Lake County; and
(iii) reconstruction of the Bountiful store in Davis County;
(c) increased sales revenues be used as the primary revenue source for repayment of
any obligation created under authority of this section; and
(d) the Department of Alcoholic Beverage Control may request operation and
maintenance funding from sales revenues.
(2) It is the intent of the Legislature that:
(a) the State Building Ownership Authority, under the authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease-purchase agreement in which participation interests may be created,
to provide up to $1,476,000 for the acquisition and construction of a production warehouse for
Utah Correctional Industries, together with additional amounts necessary to pay costs of
issuance, pay capitalized interest, and fund any debt service reserve requirements;
(b) Utah Correctional Industries' revenues be used as the primary revenue source for
repayment of any obligation created under authority of this section;
(c) Utah Correctional Industries may plan, design, and construct the production
warehouse subject to requirements in Section [
63A-5-206
] 
63A-5b-604
; and
(d) Utah Correctional Industries may not request state funds for operation and
maintenance costs or capital improvements.
Section 81. Section 
63B-16-202
 is amended to read:
63B-16-202.
Revenue bond authorizations -- Board of Regents.
(1) It is the intent of the Legislature that:
(a) when the University of Utah certifies to the Board of Regents that the university has
obtained reliable commitments, convertible to cash, of $10,000,000 or more in nonstate funds
to construct an on-campus student life center, the Board of Regents, on behalf of the University
of Utah, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of the
University of Utah to borrow money on the credit, revenues, and reserves of the University of
Utah, other than appropriations from the Legislature, to finance the cost of constructing an
on-campus student life center;
(b) student recreation fees and non-student fees be used as the primary revenue source
for repayment of any obligation created under authority of this section;
(c) the University of Utah may increase student recreation fees to not more than $60
per semester for not more than 20 years, and use those revenues, together with the $15,000,000
collected under Subsection (1)(a), to service the student life center revenue bond debt;
(d) the bonds or other evidences of indebtedness authorized by this section may
provide up to $42,500,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements;
(e) the University of Utah may plan, design, and construct the on-campus student life
center subject to requirements in Section [
63A-5-206
] 
63A-5b-604
; and
(f) the university may not request state funds for operation and maintenance costs or
capital improvements.
(2) It is the intent of the Legislature that:
(a) the Board of Regents, on behalf of Southern Utah University, may issue, sell, and
deliver revenue bonds or other evidences of indebtedness of Southern Utah University to
borrow money on the credit, revenues, and reserves of Southern Utah University, other than
appropriations of the Legislature, to finance the cost of constructing on-campus student
dormitories;
(b) student housing rental fees be used as the primary revenue source for repayment of
any obligation created under authority of this section;
(c) the bonds or other evidences of indebtedness authorized by this section may provide
up to $17,500,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements;
(d) Southern Utah University may plan, design, and construct the on-campus student
dormitories subject to requirements in Section [
63A-5-206
] 
63A-5b-604
; and
(e) the university may not request state funds for operation and maintenance costs or
capital improvements.
Section 82. Section 
63B-16-301
 is amended to read:
63B-16-301.
Authorizations to construct capital facilities using institutional or
agency funds.
(1) It is the intent of the Legislature that:
(a) Utah State University may, subject to requirements in Section [
63A-5-206
]
63A-5b-604
, plan, design, and construct a classroom building funded and owned by Tooele
County on the university's Tooele campus;
(b) no state funds be used for any portion of this project, including for future purchase
or otherwise acquiring the building from Tooele County;
(c) the university may not request state funds for operation and maintenance costs or
capital improvements while the building is not owned by the university; and
(d) the university may request state funds for operations and maintenance costs and
capital improvements if the building is donated to the university and if the university is able to
demonstrate to the Board of Regents that the facility meets approved academic and training
purposes under Board of Regents policy R710.
(2) It is the intent of the Legislature that:
(a) Weber State University may, subject to requirements in Section [
63A-5-206
]
63A-5b-604
, use donations and other institutional funds to plan, design, and construct a
Lifelong Learning Center;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(3) It is the intent of the Legislature that:
(a) Salt Lake Community College may, subject to requirements in Section [
63A-5-206
]
63A-5b-604
, use institutional funds to plan, design, and construct a Facilities/Security/Parking
Services Building;
(b) no state funds be used for any portion of this project; and
(c) the college may request state funds for operations and maintenance costs and capital
improvements to the extent that the college is able to demonstrate to the Board of Regents that
the facility meets approved academic and training purposes under Board of Regents policy
R710.
Section 83. Section 
63B-17-201
 is amended to read:
63B-17-201.
Revenue bond authorizations -- State Building Ownership
Authority.
(1) The Legislature intends that:
(a) the State Building Ownership Authority, under the authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease purchase agreement in which participation interests may be created,
to provide up to $90,000,000 for the acquisition and construction of phase II-B of a cancer
clinical research hospital facility adjacent to the University of Utah Medical Center, together
with additional amounts necessary to pay costs of issuance, pay capitalized interest, and fund
any debt service reserve requirements;
(b) the University of Utah use institutional funds as the primary revenue source for
repayment of any obligation created under authority of this section;
(c) the university may plan, design, and construct phase II-B of a cancer clinical
research hospital facility subject to the requirements of Section [
63A-5-206
] 
63A-5b-604
; and
(d) the university may not request state funds for operation and maintenance costs or
capital improvements.
(2) The Legislature intends that:
(a) the State Building Ownership Authority, under the authority of Title 63B, Chapter
1, Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter
into or arrange for a lease-purchase agreement in which participation interests may be created,
to provide up to $23,700,000 for the acquisition and construction of five stores for the
Department of Alcoholic Beverage Control, together with additional amounts necessary to pay
costs of issuance, pay capitalized interest, and fund any debt service reserve requirements;
(b) the stores to be addressed through this authorization are:
(i) the replacement of a liquor store in Cedar City;
(ii) a new Utah County North liquor store;
(iii) a new Utah County South liquor store;
(iv) a new Washington County South liquor store; and
(v) a new Wasatch County Heber/Midway liquor store;
(c) the Department of Alcoholic Beverage Control use increased sales revenues as the
primary revenue source for repayment of any obligation created under authority of this section;
and
(d) the Department of Alcoholic Beverage Control may request operation and
maintenance funding from sales revenues.
Section 84. Section 
63B-17-202
 is amended to read:
63B-17-202.
Revenue bond authorizations -- Board of Regents.
(1) The Legislature intends that:
(a) the Board of Regents, on behalf of the University of Utah, may issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit, revenues, and reserves of the university, other than appropriations of the
Legislature, to finance the cost of constructing a northwest campus parking structure;
(b) the University of Utah use parking fees and donations as the primary revenue
source for repayment of any obligation created under authority of this section;
(c) the maximum amount of revenue bonds or other evidences of indebtedness
authorized by this section is $21,280,000, together with other amounts necessary to pay costs
of issuance, pay capitalized interest, and fund any debt service reserve requirements;
(d) the university may plan, design, and construct the northwest campus parking
structure subject to the requirements of Section [
63A-5-206
] 
63A-5b-604
; and
(e) the university may not request state funds for operation and maintenance costs or
capital improvements.
(2) The Legislature intends that:
(a) the Board of Regents, on behalf of Utah State University, may issue, sell, and
deliver revenue bonds or other evidences of indebtedness of Utah State University to borrow
money on the credit, revenues, and reserves of the university, other than appropriations of the
Legislature, to finance the cost of constructing an early childhood education research center;
(b) Utah State University use institutional funds as the primary revenue source for
repayment of any obligation created under authority of this section;
(c) the maximum amount of revenue bonds or other evidences of indebtedness
authorized by this section is $15,828,000, together with other amounts necessary to pay costs
of issuance, pay capitalized interest, and fund any debt service reserve requirements;
(d) the university may plan, design, and construct the early childhood education
research center subject to the requirements of Section [
63A-5-206
] 
63A-5b-604
; and
(e) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(3) It is the intent of the Legislature that:
(a) the Board of Regents, on behalf of Southern Utah University, may issue, sell, and
deliver revenue bonds or other evidences of indebtedness of Southern Utah University to
borrow money on the credit, revenues, and reserves of the university, other than appropriations
of the Legislature, to finance the cost of constructing a Shakespearean theater;
(b) Southern Utah University institutional funds be used as the primary revenue source
for repayment of any obligation created under authority of this section;
(c) the bonds or other evidences of indebtedness authorized by this section may provide
up to $5,000,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements;
(d) the university may plan, design, and construct the theater subject to the
requirements of Section [
63A-5-206
] 
63A-5b-604
; and
(e) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
Section 85. Section 
63B-17-301
 is amended to read:
63B-17-301.
Authorizations to construct capital facilities using institutional or
agency funds.
(1) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Section [
63A-5-206
]
63A-5b-604
, use clinical fees and donations to plan, design, and construct a neuropsychiatric
institute expansion;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operation and maintenance costs or
capital improvements.
(2) The Legislature intends that:
(a) the University of Utah may, subject to the requirements of Section [
63A-5-206
]
63A-5b-604
, use donations to plan, design, and construct an arboretum visitor center addition;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(3) The Legislature intends that:
(a) Utah State University may, subject to the requirements of Section [
63A-5-206
]
63A-5b-604
, use donations to plan, design, and construct a business building addition;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(4) The Legislature intends that:
(a) Utah State University may, subject to the requirements of Section [
63A-5-206
]
63A-5b-604
, use donations to plan, design, and construct a Vernal entrepreneurship and energy
research center;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(5) The Legislature intends that:
(a) Utah State University may, subject to the requirements of Section [
63A-5-206
]
63A-5b-604
, use research grants and other institutional funds to plan, design, and construct a
hydraulics laboratory addition to the water laboratory;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operation and maintenance costs or
capital improvements.
(6) The Legislature intends that:
(a) Utah State University may, subject to the requirements of Section [
63A-5-206
]
63A-5b-604
, use insurance claim funds and other institutional funds to plan, design, and
construct a structures laboratory enclosure;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operation and maintenance costs or
capital improvements.
(7) The Legislature intends that:
(a) Utah Valley University may, subject to the requirements of Section [
63A-5-206
]
63A-5b-604
, use donations to plan, design, and construct a children's theater;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operation and maintenance costs and
capital improvements to the extent that the university is able to demonstrate to the Board of
Regents that the facility meets approved academic and training purposes under Board of
Regents policy R710.
(8) The Legislature intends that:
(a) Southern Utah University may, subject to the requirements of Section [
63A-5-206
]
63A-5b-604
, use donations to plan and design a science center addition;
(b) this authorization and the existence of plans and designs do not guarantee nor
improve the chances for legislative approval of the remainder of the building in any subsequent
year; and
(c) no state funds be used for any portion of this planning and design.
Section 86. Section 
63B-23-101
 is amended to read:
63B-23-101.
Revenue bond authorizations -- Board of Regents.
(1) The Legislature intends that:
(a) the Board of Regents, on behalf of the University of Utah, may issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit, revenues, and reserves of the university, other than appropriations of the
Legislature, to finance the cost of constructing the Lassonde Living Center;
(b) the University of Utah use student fees and rents as the primary revenue sources for
repayment of any obligation created under authority of this Subsection (1);
(c) the maximum amount of revenue bonds or evidences of indebtedness authorized by
this Subsection (1) is $45,238,000, together with other amounts necessary to pay costs of
issuance, pay capitalized interest, and fund any debt service reserve requirements;
(d) the university shall plan, design, and construct the Lassonde Living Center subject
to the requirements of Title 63A, Chapter 5, State Building Board - Division of Facilities
Construction and Management; and
(e) the university may not request state funds for operation and maintenance costs or
capital improvements.
(2) The Legislature intends that:
(a) the Board of Regents, on behalf of the University of Utah, may issue, sell, and
deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow
money on the credit, revenues, and reserves of the university, except as provided in Subsection
(2)(f), other than appropriations of the Legislature, to finance the cost of replacing the
University of Utah's utility distribution infrastructure;
(b) the University of Utah impose a power bill surcharge as the primary revenue source
for the repayment of any obligation created under authority of this Subsection (2);
(c) the maximum amount of revenue bonds or evidences of indebtedness authorized by
this Subsection (2) is $32,000,000 together with other amounts necessary to pay costs of
issuance, pay capitalized interest, and fund any debt service reserve requirements;
(d) the revenue bonds or evidences of indebtedness authorized by this Subsection (2)
may not mature later than 10 years after the date of issuance;
(e) the university shall plan, design, and construct the University of Utah's replacement
utility distribution infrastructure subject to the requirements of Title 63A, Chapter 5, State
Building Board - Division of Facilities Construction and Management; and
(f) until July 1, 2024, the Division of Facilities Construction and Management annually
allocate up to $1,500,000 of the capital improvement funding allocation given to the University
of Utah under Section [
63A-5-228
] 
63A-5b-405
 to be used to pay the debt service on the bonds
authorized under this Subsection (2).
Section 87. Section 
63B-25-101
 is amended to read:
63B-25-101.
General obligation bonds for prison project -- Maximum amount --
Use of proceeds.
(1) As used in this section:
(a) "Prison project" means the same as that term is defined in Section [
63A-5-225
]
63A-5b-1107
.
(b) "Prison project fund" means the capital projects fund created in Subsection
[
63A-5-225
(7)
] 
63A-5b-1107
(7)
.
(2) The commission may issue general obligation bonds as provided in this section.
(3) (a) The total amount of bonds to be issued under this section may not exceed
$570,000,000 for acquisition and construction proceeds, plus additional amounts necessary to
pay costs of issuance, to pay capitalized interest, and to fund any existing debt service reserve
requirements, with the total amount of the bonds not to exceed $575,700,000.
(b) The maturity of bonds issued under this section may not exceed 10 years.
(4) The commission shall ensure that proceeds from the issuance of bonds under this
section are deposited into the Prison Project Fund for use by the division to pay all or part of
the cost of the prison project, including:
(a) interest estimated to accrue on the bonds authorized in this section until the
completion of construction of the prison project, plus a period of 12 months after the end of
construction; and
(b) all related engineering, architectural, and legal fees.
(5) (a) The division may enter into agreements related to the prison project before the
receipt of proceeds of bonds issued under this section.
(b) The division shall make those expenditures from unexpended and unencumbered
building funds already appropriated to the Prison Project Fund.
(c) The division shall reimburse the Prison Project Fund upon receipt of the proceeds
of bonds issued under this chapter.
(d) The state intends to use proceeds of tax-exempt bonds to reimburse itself for
expenditures for costs of the prison project.
(6) Before issuing bonds authorized under this section, the commission shall request
and consider a recommendation from the Legislative Management Committee, created in
Section 
36-12-6
, regarding the timing and amount of the issuance.
Section 88. Section 
63C-9-403
 is amended to read:
63C-9-403.
Contracting power of executive director -- Health insurance coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first of the calendar month following 60 days after the day on which the
individual is hired.
(d) "Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(e) "Qualified health insurance coverage" means the same as that term is defined in
Section 
26-40-115
.
(f) "Subcontractor" means the same as that term is defined in Section [
63A-5-208
]
63A-5b-605
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by the board, or on
behalf of the board, on or after July 1, 2009, if the prime contract is in an aggregate amount
equal to or greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by
the board, or on behalf of the board, on or after July 1, 2009, if the subcontract is in an
aggregate amount equal to or greater than $1,000,000.
(3) The requirements of this section do not apply to a contractor or subcontractor
described in Subsection (2) if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract is a sole source contract; or
(c) the contract is an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
executive director that the contractor has and will maintain an offer of qualified health
insurance coverage for the contractor's employees and the employees' dependents during the
duration of the contract by submitting to the executive director a written statement that:
(i) the contractor offers qualified health insurance coverage that complies with Section
26-40-115
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer; or
(B) an underwriter who is responsible for developing the employer group's premium
rates; and
(iii) was created within one year before the day on which the statement is submitted.
(b) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health insurance coverage for the subcontractor's employees and the employees' dependents
during the duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health insurance coverage that complies with
Section 
26-40-115
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, or an
underwriter who is responsible for developing the employer group's premium rates; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(c) (i) (A) A contractor that fails to maintain an offer of qualified health insurance
coverage as described in Subsection (5)(a) during the duration of the contract is subject to
penalties in accordance with administrative rules adopted by the division under Subsection (6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health insurance coverage described in Subsection (5)(b)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
insurance coverage described in Subsection (5)(b)(i) during the duration of the subcontract is
subject to penalties in accordance with administrative rules adopted by the department under
Subsection (6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health insurance coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) the State Building Board in accordance with Section [
63A-5-205.5
] 
63A-5b-607
;
(iv) a public transit district in accordance with Section 
17B-2a-818.5
;
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(vi) the Legislature's Administrative Rules Review Committee; and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(b)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health insurance coverage for employees and dependents of employees of
the contractor or subcontractor who were not offered qualified health insurance coverage
during the duration of the contract; and
(iii) a website on which the department shall post the commercially equivalent
benchmark, for the qualified health insurance coverage identified in Subsection (1)(e), that is
provided by the Department of Health, in accordance with Subsection 
26-40-115
(2).
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health insurance
coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(b)(ii); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section 
26-18-402
.
(9) The failure of a contractor or subcontractor to provide qualified health insurance
coverage as required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
Section 89. Section 
63G-6a-103
 is amended to read:
63G-6a-103.
Definitions.
As used in this chapter:
(1) "Applicable rulemaking authority" means:
(a) for a legislative procurement unit, the Legislative Management Committee;
(b) for a judicial procurement unit, the Judicial Council;
(c) (i) only to the extent of the procurement authority expressly granted to the
procurement unit by statute:
(A) for the building board or the Division of Facilities Construction and Management,
created in Section [
63A-5-201
] 
63A-5b-301
, the building board;
(B) for the Office of the Attorney General, the attorney general; and
(C) for the Department of Transportation created in Section 
72-1-201
, the executive
director of the Department of Transportation; and
(ii) for each other executive branch procurement unit, the board;
(d) for a local government procurement unit:
(i) the legislative body of the local government procurement unit; or
(ii) an individual or body designated by the legislative body of the local government
procurement unit;
(e) for a school district or a public school, the board, except to the extent of a school
district's own nonadministrative rules that do not conflict with the provisions of this chapter;
(f) for a state institution of higher education described in:
(i) Subsections 
53B-1-102
(1)(a) and (c), the State Board of Regents; or
(ii) Subsection 
53B-1-102
(1)(b), the Utah System of Technical Colleges Board of
Trustees;
(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
State Board of Education;
(h) for a public transit district, the chief executive of the public transit district;
(i) for a local district other than a public transit district or for a special service district:
(i) before January 1, 2015, the board of trustees of the local district or the governing
body of the special service district; or
(ii) on or after January 1, 2015, the board, except to the extent that the board of trustees
of the local district or the governing body of the special service district makes its own rules:
(A) with respect to a subject addressed by board rules; or
(B) that are in addition to board rules;
(j) for the Utah Educational Savings Plan, created in Section 
53B-8a-103
, the board of
directors of the Utah Educational Savings Plan;
(k) for the School and Institutional Trust Lands Administration, created in Section
53C-1-201
, the School and Institutional Trust Lands Board of Trustees;
(l) for the School and Institutional Trust Fund Office, created in Section 
53D-1-201
,
the School and Institutional Trust Fund Board of Trustees;
(m) for the Utah Communications Authority, established in Section 
63H-7a-201
, the
Utah Communications Authority Board, created in Section 
63H-7a-203
; or
(n) for any other procurement unit, the board.
(2) "Approved vendor" means a person who has been approved for inclusion on an
approved vendor list through the approved vendor list process.
(3) "Approved vendor list" means a list of approved vendors established under Section
63G-6a-507
.
(4) "Approved vendor list process" means the procurement process described in
Section 
63G-6a-507
.
(5) "Bidder" means a person who submits a bid or price quote in response to an
invitation for bids.
(6) "Bidding process" means the procurement process described in Part 6, Bidding.
(7) "Board" means the Utah State Procurement Policy Board, created in Section
63G-6a-202
.
(8) "Building board" means the State Building Board, created in Section [
63A-5-101
]
63A-5b-201
.
(9) "Change directive" means a written order signed by the procurement officer that
directs the contractor to suspend work or make changes, as authorized by contract, without the
consent of the contractor.
(10) "Change order" means a written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
agreement of the parties to the contract.
(11) "Chief procurement officer" means the chief procurement officer appointed under
Subsection 
63G-6a-302
(1).
(12) "Conducting procurement unit" means a procurement unit that conducts all
aspects of a procurement:
(a) except:
(i) reviewing a solicitation to verify that it is in proper form; and
(ii) causing the publication of a notice of a solicitation; and
(b) including:
(i) preparing any solicitation document;
(ii) appointing an evaluation committee;
(iii) conducting the evaluation process, except as provided in Subsection
63G-6a-707
(6)(b) relating to scores calculated for costs of proposals;
(iv) selecting and recommending the person to be awarded a contract;
(v) negotiating the terms and conditions of a contract, subject to the issuing
procurement unit's approval; and
(vi) contract administration.
(13) "Conservation district" means the same as that term is defined in Section
17D-3-102
.
(14) "Construction":
(a) means services, including work, and supplies for a project for the construction,
renovation, alteration, improvement, or repair of a public facility on real property; and
(b) does not include services and supplies for the routine, day-to-day operation, repair,
or maintenance of an existing public facility.
(15) "Construction manager/general contractor":
(a) means a contractor who enters into a contract:
(i) for the management of a construction project; and
(ii) that allows the contractor to subcontract for additional labor and materials that are
not included in the contractor's cost proposal submitted at the time of the procurement of the
contractor's services; and
(b) does not include a contractor whose only subcontract work not included in the
contractor's cost proposal submitted as part of the procurement of the contractor's services is to
meet subcontracted portions of change orders approved within the scope of the project.
(16) "Construction subcontractor":
(a) means a person under contract with a contractor or another subcontractor to provide
services or labor for the design or construction of a construction project;
(b) includes a general contractor or specialty contractor licensed or exempt from
licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
(c) does not include a supplier who provides only materials, equipment, or supplies to a
contractor or subcontractor for a construction project.
(17) "Contract" means an agreement for a procurement.
(18) "Contract administration" means all functions, duties, and responsibilities
associated with managing, overseeing, and carrying out a contract between a procurement unit
and a contractor, including:
(a) implementing the contract;
(b) ensuring compliance with the contract terms and conditions by the conducting
procurement unit and the contractor;
(c) executing change orders;
(d) processing contract amendments;
(e) resolving, to the extent practicable, contract disputes;
(f) curing contract errors and deficiencies;
(g) terminating a contract;
(h) measuring or evaluating completed work and contractor performance;
(i) computing payments under the contract; and
(j) closing out a contract.
(19) "Contractor" means a person who is awarded a contract with a procurement unit.
(20) "Cooperative procurement" means procurement conducted by, or on behalf of:
(a) more than one procurement unit; or
(b) a procurement unit and a cooperative purchasing organization.
(21) "Cooperative purchasing organization" means an organization, association, or
alliance of purchasers established to combine purchasing power in order to obtain the best
value for the purchasers by engaging in procurements in accordance with Section 
63G-6a-2105
.
(22) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
contractor is paid a percentage of the total actual expenses or costs in addition to the
contractor's actual expenses or costs.
(23) "Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowed and allocated in accordance with the contract terms and
the provisions of this chapter, and a fee, if any.
(24) "Days" means calendar days, unless expressly provided otherwise.
(25) "Definite quantity contract" means a fixed price contract that provides for a
specified amount of supplies over a specified period, with deliveries scheduled according to a
specified schedule.
(26) "Design professional" means:
(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
Licensing Act;
(b) an individual licensed as a professional engineer or professional land surveyor
under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
Act; or
(c) an individual certified as a commercial interior designer under Title 58, Chapter 86,
State Certification of Commercial Interior Designers Act.
(27) "Design professional procurement process" means the procurement process
described in Part 15, Design Professional Services.
(28) "Design professional services" means:
(a) professional services within the scope of the practice of architecture as defined in
Section 
58-3a-102
;
(b) professional engineering as defined in Section 
58-22-102
;
(c) master planning and programming services; or
(d) services within the scope of the practice of commercial interior design, as defined
in Section 
58-86-102
.
(29) "Design-build" means the procurement of design professional services and
construction by the use of a single contract.
(30) "Director" means the director of the division.
(31) "Division" means the Division of Purchasing and General Services, created in
Section 
63A-2-101
.
(32) "Educational procurement unit" means:
(a) a school district;
(b) a public school, including a local school board or a charter school;
(c) the Utah Schools for the Deaf and the Blind;
(d) the Utah Education and Telehealth Network;
(e) an institution of higher education of the state described in Section 
53B-1-102
; or
(f) the State Board of Education.
(33) "Established catalogue price" means the price included in a catalogue, price list,
schedule, or other form that:
(a) is regularly maintained by a manufacturer or contractor;
(b) is published or otherwise available for inspection by customers; and
(c) states prices at which sales are currently or were last made to a significant number
of any category of buyers or buyers constituting the general buying public for the supplies or
services involved.
(34) "Executive branch procurement unit" means a department, division, office,
bureau, agency, or other organization within the state executive branch.
(35) "Fixed price contract" means a contract that provides a price, for each
procurement item obtained under the contract, that is not subject to adjustment except to the
extent that:
(a) the contract provides, under circumstances specified in the contract, for an
adjustment in price that is not based on cost to the contractor; or
(b) an adjustment is required by law.
(36) "Fixed price contract with price adjustment" means a fixed price contract that
provides for an upward or downward revision of price, precisely described in the contract, that:
(a) is based on the consumer price index or another commercially acceptable index,
source, or formula; and
(b) is not based on a percentage of the cost to the contractor.
(37) "Grant" means an expenditure of public funds or other assistance, or an agreement
to expend public funds or other assistance, for a public purpose authorized by law, without
acquiring a procurement item in exchange.
(38) "Head of a procurement unit" means:
(a) for a legislative procurement unit, any person designated by rule made by the
applicable rulemaking authority;
(b) for an executive branch procurement unit:
(i) the director of the division; or
(ii) any other person designated by the board, by rule;
(c) for a judicial procurement unit:
(i) the Judicial Council; or
(ii) any other person designated by the Judicial Council, by rule;
(d) for a local government procurement unit:
(i) the legislative body of the local government procurement unit; or
(ii) any other person designated by the local government procurement unit;
(e) for a local district other than a public transit district, the board of trustees of the
local district or a designee of the board of trustees;
(f) for a special service district, the governing body of the special service district or a
designee of the governing body;
(g) for a local building authority, the board of directors of the local building authority
or a designee of the board of directors;
(h) for a conservation district, the board of supervisors of the conservation district or a
designee of the board of supervisors;
(i) for a public corporation, the board of directors of the public corporation or a
designee of the board of directors;
(j) for a school district or any school or entity within a school district, the board of the
school district, or the board's designee;
(k) for a charter school, the individual or body with executive authority over the charter
school, or the individual's or body's designee;
(l) for an institution of higher education described in Section 
53B-2-101
, the president
of the institution of higher education, or the president's designee;
(m) for a public transit district, the board of trustees or a designee of the board of
trustees;
(n) for the State Board of Education, the State Board of Education or a designee of the
State Board of Education; or
(o) for the Utah Communications Authority, established in Section 
63H-7a-201
, the
executive director of the Utah Communications Authority or a designee of the executive
director.
(39) "Immaterial error":
(a) means an irregularity or abnormality that is:
(i) a matter of form that does not affect substance; or
(ii) an inconsequential variation from a requirement of a solicitation that has no, little,
or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
(b) includes:
(i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
professional license, bond, or insurance certificate;
(ii) a typographical error;
(iii) an error resulting from an inaccuracy or omission in the solicitation; and
(iv) any other error that the chief procurement officer or the head of a procurement unit
with independent procurement authority reasonably considers to be immaterial.
(40) "Indefinite quantity contract" means a fixed price contract that:
(a) is for an indefinite amount of procurement items to be supplied as ordered by a
procurement unit; and
(b) (i) does not require a minimum purchase amount; or
(ii) provides a maximum purchase limit.
(41) "Independent procurement authority" means authority granted to a procurement
unit under Subsection 
63G-6a-106
(4)(a).
(42) "Invitation for bids":
(a) means a document used to solicit:
(i) bids to provide a procurement item to a procurement unit; or
(ii) quotes for a price of a procurement item to be provided to a procurement unit; and
(b) includes all documents attached to or incorporated by reference in a document
described in Subsection (42)(a).
(43) "Issuing procurement unit" means a procurement unit that:
(a) reviews a solicitation to verify that it is in proper form;
(b) causes the notice of a solicitation to be published; and
(c) negotiates and approves the terms and conditions of a contract.
(44) "Judicial procurement unit" means:
(a) the Utah Supreme Court;
(b) the Utah Court of Appeals;
(c) the Judicial Council;
(d) a state judicial district; or
(e) an office, committee, subcommittee, or other organization within the state judicial
branch.
(45) "Labor hour contract" is a contract under which:
(a) the supplies and materials are not provided by, or through, the contractor; and
(b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
profit for a specified number of labor hours or days.
(46) "Legislative procurement unit" means:
(a) the Legislature;
(b) the Senate;
(c) the House of Representatives;
(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
(e) a committee, subcommittee, commission, or other organization:
(i) within the state legislative branch; or
(ii) (A) that is created by statute to advise or make recommendations to the Legislature;
(B) the membership of which includes legislators; and
(C) for which the Office of Legislative Research and General Counsel provides staff
support. 
(47) "Local building authority" means the same as that term is defined in Section
17D-2-102
.
(48) "Local district" means the same as that term is defined in Section 
17B-1-102
.
(49) "Local government procurement unit" means:
(a) a county or municipality, and each office or agency of the county or municipality,
unless the county or municipality adopts its own procurement code by ordinance;
(b) a county or municipality that has adopted this entire chapter by ordinance, and each
office or agency of that county or municipality; or
(c) a county or municipality that has adopted a portion of this chapter by ordinance, to
the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
office or agency of that county or municipality.
(50) "Multiple award contracts" means the award of a contract for an indefinite
quantity of a procurement item to more than one person.
(51) "Multiyear contract" means a contract that extends beyond a one-year period,
including a contract that permits renewal of the contract, without competition, beyond the first
year of the contract.
(52) "Municipality" means a city, town, or metro township.
(53) "Nonadopting local government procurement unit" means:
(a) a county or municipality that has not adopted Part 16, Protests, Part 17,
Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
General Provisions Related to Protest or Appeal; and
(b) each office or agency of a county or municipality described in Subsection (53)(a).
(54) "Offeror" means a person who submits a proposal in response to a request for
proposals.
(55) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(56) "Procure" means to acquire a procurement item through a procurement.
(57) "Procurement":
(a) means a procurement unit's acquisition of a procurement item through an
expenditure of public funds, or an agreement to expend public funds, including an acquisition
through a public-private partnership;
(b) includes all functions that pertain to the acquisition of a procurement item,
including:
(i) preparing and issuing a solicitation; and
(ii) (A) conducting a standard procurement process; or
(B) conducting a procurement process that is an exception to a standard procurement
process under Part 8, Exceptions to Procurement Requirements; and
(c) does not include a grant.
(58) "Procurement item" means a supply, a service, or construction.
(59) "Procurement officer" means:
(a) for a procurement unit with independent procurement authority:
(i) the head of the procurement unit;
(ii) a designee of the head of the procurement unit; or
(iii) a person designated by rule made by the applicable rulemaking authority; or
(b) for the division or a procurement unit without independent procurement authority,
the chief procurement officer.
(60) "Procurement unit":
(a) means:
(i) a legislative procurement unit;
(ii) an executive branch procurement unit;
(iii) a judicial procurement unit;
(iv) an educational procurement unit;
(v) the Utah Communications Authority, established in Section 
63H-7a-201
;
(vi) a local government procurement unit;
(vii) a local district;
(viii) a special service district;
(ix) a local building authority;
(x) a conservation district;
(xi) a public corporation; or
(xii) a public transit district; and
(b) does not include a political subdivision created under Title 11, Chapter 13,
Interlocal Cooperation Act.
(61) "Professional service" means labor, effort, or work that requires an elevated
degree of specialized knowledge and discretion, including labor, effort, or work in the field of:
(a) accounting;
(b) administrative law judge service;
(c) architecture;
(d) construction design and management;
(e) engineering;
(f) financial services;
(g) information technology;
(h) the law;
(i) medicine;
(j) psychiatry; or
(k) underwriting.
(62) "Protest officer" means:
(a) for the division or a procurement unit with independent procurement authority:
(i) the head of the procurement unit;
(ii) the head of the procurement unit's designee who is an employee of the procurement 
unit; or
(iii) a person designated by rule made by the applicable rulemaking authority; or
(b) for a procurement unit without independent procurement authority, the chief
procurement officer or the chief procurement officer's designee who is an employee of the
division .
(63) "Public corporation" means the same as that term is defined in Section 
63E-1-102
.
(64) "Public entity" means any government entity of the state or political subdivision of
the state, including:
(a) a procurement unit;
(b) a municipality or county, regardless of whether the municipality or county has
adopted this chapter or any part of this chapter; and
(c) any other government entity located in the state that expends public funds.
(65) "Public facility" means a building, structure, infrastructure, improvement, or other
facility of a public entity.
(66) "Public funds" means money, regardless of its source, including from the federal
government, that is owned or held by a procurement unit.
(67) "Public transit district" means a public transit district organized under Title 17B,
Chapter 2a, Part 8, Public Transit District Act.
(68) "Public-private partnership" means an arrangement or agreement, occurring on or
after January 1, 2017, between a procurement unit and one or more contractors to provide for a
public need through the development or operation of a project in which the contractor or
contractors share with the procurement unit the responsibility or risk of developing, owning,
maintaining, financing, or operating the project.
(69) "Qualified vendor" means a vendor who:
(a) is responsible; and
(b) submits a responsive statement of qualifications under Section 
63G-6a-410
 that
meets the minimum mandatory requirements, evaluation criteria, and any applicable score
thresholds set forth in the request for statement of qualifications.
(70) "Real property" means land and any building, fixture, improvement, appurtenance,
structure, or other development that is permanently affixed to land.
(71) "Request for information" means a nonbinding process through which a
procurement unit requests information relating to a procurement item.
(72) "Request for proposals" means a document used to solicit proposals to provide a
procurement item to a procurement unit, including all other documents that are attached to that
document or incorporated in that document by reference.
(73) "Request for proposals process" means the procurement process described in Part
7, Request for Proposals.
(74) "Request for statement of qualifications" means a document used to solicit
information about the qualifications of a person interested in responding to a potential
procurement, including all other documents attached to that document or incorporated in that
document by reference.
(75) "Requirements contract" means a contract:
(a) under which a contractor agrees to provide a procurement unit's entire requirements
for certain procurement items at prices specified in the contract during the contract period; and
(b) that:
(i) does not require a minimum purchase amount; or
(ii) provides a maximum purchase limit.
(76) "Responsible" means being capable, in all respects, of:
(a) meeting all the requirements of a solicitation; and
(b) fully performing all the requirements of the contract resulting from the solicitation,
including being financially solvent with sufficient financial resources to perform the contract.
(77) "Responsive" means conforming in all material respects to the requirements of a
solicitation.
(78) "Sealed" means manually or electronically secured to prevent disclosure.
(79) "Service":
(a) means labor, effort, or work to produce a result that is beneficial to a procurement
unit;
(b) includes a professional service; and
(c) does not include labor, effort, or work provided under an employment agreement or
a collective bargaining agreement.
(80) "Small purchase process" means the procurement process described in Section
63G-6a-506
.
(81) "Sole source contract" means a contract resulting from a sole source procurement.
(82) "Sole source procurement" means a procurement without competition pursuant to
a determination under Subsection 
63G-6a-802
(1)(a) that there is only one source for the
procurement item.
(83) "Solicitation" means an invitation for bids, request for proposals, request for
statement of qualifications, or request for information.
(84) "Solicitation response" means:
(a) a bid submitted in response to an invitation for bids;
(b) a proposal submitted in response to a request for proposals; or
(c) a statement of qualifications submitted in response to a request for statement of
qualifications.
(85) "Special service district" means the same as that term is defined in Section
17D-1-102
.
(86) "Specification" means any description of the physical or functional characteristics
or of the nature of a procurement item included in an invitation for bids or a request for
proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
(a) a requirement for inspecting or testing a procurement item; or
(b) preparing a procurement item for delivery.
(87) "Standard procurement process" means:
(a) the bidding process;
(b) the request for proposals process;
(c) the approved vendor list process;
(d) the small purchase process; or
(e) the design professional procurement process.
(88) "State cooperative contract" means a contract awarded by the division for and in
behalf of all public entities.
(89) "Statement of qualifications" means a written statement submitted to a
procurement unit in response to a request for statement of qualifications.
(90) "Subcontractor":
(a) means a person under contract to perform part of a contractual obligation under the
control of the contractor, whether the person's contract is with the contractor directly or with
another person who is under contract to perform part of a contractual obligation under the
control of the contractor; and
(b) includes a supplier, distributor, or other vendor that furnishes supplies or services
to a contractor.
(91) "Supply" means a good, material, technology, piece of equipment, or any other
item of personal property.
(92) "Tie bid" means that the lowest responsive bids of responsible bidders are
identical in price.
(93) "Time and materials contract" means a contract under which the contractor is paid:
(a) the actual cost of direct labor at specified hourly rates;
(b) the actual cost of materials and equipment usage; and
(c) an additional amount, expressly described in the contract, to cover overhead and
profit, that is not based on a percentage of the cost to the contractor.
(94) "Transitional costs":
(a) means the costs of changing:
(i) from an existing provider of a procurement item to another provider of that
procurement item; or
(ii) from an existing type of procurement item to another type;
(b) includes:
(i) training costs;
(ii) conversion costs;
(iii) compatibility costs;
(iv) costs associated with system downtime;
(v) disruption of service costs;
(vi) staff time necessary to implement the change;
(vii) installation costs; and
(viii) ancillary software, hardware, equipment, or construction costs; and
(c) does not include:
(i) the costs of preparing for or engaging in a procurement process; or
(ii) contract negotiation or drafting costs.
(95) "Trial use contract" means a contract for a procurement item that the procurement
unit acquires for a trial use or testing to determine whether the procurement item will benefit
the procurement unit.
(96) "Vendor":
(a) means a person who is seeking to enter into a contract with a procurement unit to
provide a procurement item; and
(b) includes:
(i) a bidder;
(ii) an offeror;
(iii) an approved vendor;
(iv) a design professional; and
(v) a person who submits an unsolicited proposal under Section 
63G-6a-712
.
Section 90. Section 
63H-6-102
 is amended to read:
63H-6-102.
Definitions.
As used in this chapter:
(1) "Board" means the board of directors of the corporation.
(2) "Business related experience" means at least three years of professional experience
in business administration, marketing, advertising, economic development, or a related field.
(3) "Capital [
developments
] 
development
" means the same as [
that term is
] 
capital
development project, as
 defined in Section [
63A-5-104
] 
63A-5b-401
.
(4) "Capital improvements" means the same as that term is defined in Section
[
63A-5-104
] 
63A-5b-401
.
(5) "Corporation" means the Utah State Fair Corporation created by this chapter.
(6) "Corporation bond" means a bond issued by the corporation in accordance with Part
2, Bonding Authority.
(7) "Division" means the Division of Facilities Construction and Management created
in Section [
63A-5-201
] 
63A-5b-301
.
(8) "Executive director" means the executive director hired by the board in accordance
with Section 
63H-6-105
.
(9) (a) "State fair park" means the property owned by the state located at:
(i) 155 North 1000 West, Salt Lake City, Utah, consisting of approximately 50 acres;
(ii) 1139 West North Temple, Salt Lake City, Utah, consisting of approximately 10.5
acres; and
(iii) 1220 West North Temple, Salt Lake City, Utah, consisting of approximately two
acres.
(b) "State fair park" includes each building and each improvement on the property
described in Subsection (9)(a) that is owned by the state.
Section 91. Section 
63H-6-103
 is amended to read:
63H-6-103.
Utah State Fair Corporation -- Legal status -- Powers.
(1) There is created an independent public nonprofit corporation known as the "Utah
State Fair Corporation."
(2) The board shall file articles of incorporation for the corporation with the Division
of Corporations and Commercial Code.
(3) The corporation, subject to this chapter, has all powers and authority permitted
nonprofit corporations by law.
(4) The corporation shall:
(a) manage, supervise, and control:
(i) all activities relating to the annual exhibition described in Subsection (4)(j); and
(ii) except as otherwise provided by statute, all state expositions, including setting the
time, place, and purpose of any state exposition;
(b) for public entertainment, displays, and exhibits or similar events:
(i) provide, sponsor, or arrange the events;
(ii) publicize and promote the events; and
(iii) secure funds to cover the cost of the exhibits from:
(A) private contributions;
(B) public appropriations;
(C) admission charges; and
(D) other lawful means;
(c) acquire and designate exposition sites;
(d) use generally accepted accounting principles in accounting for the corporation's
assets, liabilities, and operations;
(e) seek corporate sponsorships for the state fair park or for individual buildings or
facilities within the fair park;
(f) work with county and municipal governments, the Salt Lake Convention and
Visitor's Bureau, the Utah Travel Council, and other entities to develop and promote
expositions and the use of the state fair park;
(g) develop and maintain a marketing program to promote expositions and the use of
the state fair park;
(h) in accordance with provisions of this part, operate and maintain the state fair park,
including the physical appearance and structural integrity of the state fair park and the
buildings located at the state fair park;
(i) prepare an economic development plan for the state fair park;
(j) hold an annual exhibition that:
(i) is called the state fair or a similar name;
(ii) promotes and highlights agriculture throughout the state;
(iii) includes expositions of livestock, poultry, agricultural, domestic science,
horticultural, floricultural, mineral and industrial products, manufactured articles, and domestic
animals that, in the corporation's opinion will best stimulate agricultural, industrial, artistic, and
educational pursuits and the sharing of talents among the people of Utah;
(iv) includes the award of premiums for the best specimens of the exhibited articles
and animals;
(v) permits competition by livestock exhibited by citizens of other states and territories
of the United States; and
(vi) is arranged according to plans approved by the board;
(k) fix the conditions of entry to the annual exhibition described in Subsection (4)(j);
and
(l) publish a list of premiums that will be awarded at the annual exhibition described in
Subsection (4)(j) for the best specimens of exhibited articles and animals.
(5) In addition to the annual exhibition described in Subsection (4)(j), the corporation
may hold other exhibitions of livestock, poultry, agricultural, domestic science, horticultural,
floricultural, mineral and industrial products, manufactured articles, and domestic animals that,
in the corporation's opinion, will best stimulate agricultural, industrial, artistic, and educational
pursuits and the sharing of talents among the people of Utah.
(6) The corporation may:
(a) employ advisers, consultants, and agents, including financial experts and
independent legal counsel, and fix their compensation;
(b) (i) participate in the state's Risk Management Fund created under Section
63A-4-201
; or
(ii) procure insurance against any loss in connection with the corporation's property
and other assets, including mortgage loans;
(c) receive and accept aid or contributions of money, property, labor, or other things of
value from any source, including any grants or appropriations from any department, agency, or
instrumentality of the United States or Utah;
(d) hold, use, loan, grant, and apply that aid and those contributions to carry out the
purposes of the corporation, subject to the conditions, if any, upon which the aid and
contributions were made;
(e) enter into management agreements with any person or entity for the performance of
the corporation's functions or powers;
(f) establish whatever accounts and procedures as necessary to budget, receive, and
disburse, account for, and audit all funds received, appropriated, or generated;
(g) subject to Subsection (8), lease any of the facilities at the state fair park;
(h) sponsor events as approved by the board; and
(i) enter into one or more agreements to develop the state fair park.
(7) (a) Except as provided in Subsection (7)(c), as an independent agency of Utah, the
corporation is exempt from:
(i) Title 51, Chapter 5, Funds Consolidation Act;
(ii) Title 51, Chapter 7, State Money Management Act;
(iii) Title 63A, Utah Administrative Services Code;
(iv) Title 63J, Chapter 1, Budgetary Procedures Act; and
(v) Title 67, Chapter 19, Utah State Personnel Management Act.
(b) The board shall adopt policies parallel to and consistent with:
(i) Title 51, Chapter 5, Funds Consolidation Act;
(ii) Title 51, Chapter 7, State Money Management Act;
(iii) Title 63A, Utah Administrative Services Code; and
(iv) Title 63J, Chapter 1, Budgetary Procedures Act.
(c) The corporation shall comply with:
(i) Title 52, Chapter 4, Open and Public Meetings Act;
(ii) Title 63G, Chapter 2, Government Records Access and Management Act;
(iii) the provisions of Title 63A, Chapter 1, Part 2, Utah Public Finance Website;
(iv) Title 63G, Chapter 6a, Utah Procurement Code, except for a procurement for:
(A) entertainment provided at the state fair park;
(B) judges for competitive exhibits; or
(C) sponsorship of an event at the state fair park; and
(v) the legislative approval requirements for new facilities established in [
Subsection
63A-5-104
(3)
] 
Section 
63A-5b-404
.
(8) (a) Before the corporation executes a lease described in Subsection (6)(g) with a
term of 10 or more years, the corporation shall:
(i) submit the proposed lease to the State Building Board for the State Building Board's
approval or rejection; and
(ii) if the State Building Board approves the proposed lease, submit the proposed lease
to the Executive Appropriations Committee for the Executive Appropriation Committee's
review and recommendation in accordance with Subsection (8)(b).
(b) The Executive Appropriations Committee shall review a proposed lease submitted
in accordance with Subsection (8)(a) and recommend to the corporation that the corporation:
(i) execute the proposed sublease; or
(ii) reject the proposed sublease.
Section 92. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Subsection 
63A-1-201
(1) is repealed;
(b) Subsection 
63A-1-202
(2)(c), the language that states "using criteria established by
the board" is repealed;
(c) Section 
63A-1-203
 is repealed;
(d) Subsections 
63A-1-204
(1) and (2), the language that states "After consultation with
the board, and" is repealed; and
(e) Subsection 
63A-1-204
(1)(b), the language that states "using the standards provided
in Subsection 
63A-1-203
(3)(c)" is repealed.
(2) Subsection [
63A-5-228
(2)(h)
] 
63A-5b-405
(5)
, relating to prioritizing and allocating
capital improvement funding, is repealed on July 1, 2024.
(3) Section [
63A-5-603
] 
63A-5b-1003
, State Facility Energy Efficiency Fund, is
repealed July 1, 2023.
(4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(6) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2020.
(7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(8) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
2023.
(9) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(10) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2020.
(11) In relation to the State Fair Corporation Board of Directors, on January 1, 2025:
(a) Subsection 
63H-6-104
(2)(c), related to a Senate appointment, is repealed;
(b) Subsection 
63H-6-104
(2)(d), related to a House appointment, is repealed;
(c) in Subsection 
63H-6-104
(2)(e), the language that states ", of whom only one may
be a legislator, in accordance with Subsection (3)(e)," is repealed;
(d) Subsection 
63H-6-104
(3)(a)(i) is amended to read:
"(3)(a)(i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
Subsection (2)(e) or (f) shall serve a term that expires on the December 1 four years after the
year that the board member was appointed.";
(e) in Subsections 
63H-6-104
(3)(a)(ii), (c)(ii), and (d), the language that states "the
president of the Senate, the speaker of the House, the governor," is repealed and replaced with
"the governor"; and
(f) Subsection 
63H-6-104
(3)(e), related to limits on the number of legislators, is
repealed.
(12) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(13) Section 
63M-7-212
 is repealed on December 31, 2019.
(14) On July 1, 2025:
(a) in Subsection 
17-27a-404
(3)(c)(ii), the language that states "the Resource
Development Coordinating Committee," is repealed;
(b) Subsection 
23-14-21
(2)(c) is amended to read "(c) provide notification of proposed
sites for the transplant of species to local government officials having jurisdiction over areas
that may be affected by a transplant.";
(c) in Subsection 
23-14-21
(3), the language that states "and the Resource Development
Coordinating Committee" is repealed;
(d) in Subsection 
23-21-2.3
(1), the language that states "the Resource Development
Coordinating Committee created in Section 
63J-4-501
 and" is repealed;
(e) in Subsection 
23-21-2.3
(2), the language that states "the Resource Development
Coordinating Committee and" is repealed;
(f) Subsection 
63J-4-102
(1) is repealed and the remaining subsections are renumbered
accordingly;
(g) Subsections 
63J-4-401
(5)(a) and (c) are repealed;
(h) Subsection 
63J-4-401
(5)(b) is renumbered to Subsection 
63J-4-401
(5)(a) and the
word "and" is inserted immediately after the semicolon;
(i) Subsection 
63J-4-401
(5)(d) is renumbered to Subsection 
63J-4-401
(5)(b);
(j) Sections 
63J-4-501
, 
63J-4-502
, 
63J-4-503
, 
63J-4-504
, and 
63J-4-505
 are repealed;
and
(k) Subsection 
63J-4-603
(1)(e)(iv) is repealed and the remaining subsections are
renumbered accordingly.
(15) Subsection 
63J-1-602.1
(13), Nurse Home Visiting Restricted Account is repealed
July 1, 2026.
(16) Subsection 
63J-1-602.2
(4), referring to dedicated credits to the Utah Marriage
Commission, is repealed July 1, 2023.
(17) Subsection 
63J-1-602.2
(5), referring to the Trip Reduction Program, is repealed
July 1, 2022.
(18) (a) Subsection 
63J-1-602.1
(53), relating to the Utah Statewide Radio System
Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(53), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(19) Subsection 
63J-1-602.2
(23), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(20) Subsection 
63J-4-708
(1), in relation to the Talent Ready Utah Board, on January
1, 2023, is amended to read:
"(1) On or before October 1, the board shall provide an annual written report to the
Social Services Appropriations Subcommittee and the Economic Development and Workforce
Services Interim Committee.".
(21) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2023:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-1.1
 and related provisions in
Subsections 
77-18-1
(5)(b)(iii) and (iv).".
(22) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(23) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
(24) Subsection 
63N-1-301
(4)(c), related to the Talent Ready Utah Board, is repealed
on January 1, 2023.
(25) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(26) (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act, is
repealed January 1, 2021.
(b) Subject to Subsection (26)(c), Sections 
59-7-610
 and 
59-10-1007
 regarding tax
credits for certain persons in recycling market development zones, are repealed for taxable
years beginning on or after January 1, 2021.
(c) A person may not claim a tax credit under Section 
59-7-610
 or 
59-10-1007
:
(i) for the purchase price of machinery or equipment described in Section 
59-7-610
 or
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
(ii) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), if
the expenditure is made on or after January 1, 2021.
(d) Notwithstanding Subsections (26)(b) and (c), a person may carry forward a tax
credit in accordance with Section 
59-7-610
 or 
59-10-1007
 if:
(i) the person is entitled to a tax credit under Section 
59-7-610
 or 
59-10-1007
; and
(ii) (A) for the purchase price of machinery or equipment described in Section
59-7-610
 or 
59-10-1007
, the machinery or equipment is purchased on or before December 31,
2020; or
(B) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), the
expenditure is made on or before December 31, 2020.
(27) Section 
63N-2-512
 is repealed on July 1, 2021.
(28) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection (28)(b), an entity may carry forward a tax credit in
accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
(29) Subsections 
63N-3-109
(2)(e) and 
63N-3-109
(2)(f)(i) are repealed July 1, 2023.
(30) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
July 1, 2023.
(31) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
is repealed January 1, 2023.
(32) In relation to the Pete Suazo Utah Athletic Commission, on January 1, 2021:
(a) Subsection 
63N-10-201
(2)(a) is amended to read:
"(2) (a) The governor shall appoint five commission members with the advice and
consent of the Senate.";
(b) Subsection 
63N-10-201
(2)(b), related to legislative appointments, is repealed;
(c) in Subsection 
63N-10-201
(3)(a), the language that states ", president, or speaker,
respectively," is repealed; and
(d) Subsection 
63N-10-201
(3)(d) is amended to read:
"(d) The governor may remove a commission member for any reason and replace the
commission member in accordance with this section.".
(33) In relation to the Talent Ready Utah Board, on January 1, 2023:
(a) Subsection 
9-22-102
(16) is repealed;
(b) in Subsection 
9-22-114
(2), the language that states "Talent Ready Utah," is
repealed; and
(c) in Subsection 
9-22-114
(5), the language that states "representatives of Talent Ready
Utah," is repealed.
(34) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2023.
Section 93. Section 
63J-1-201 (Superseded 07/01/20)
 is amended to read:
63J-1-201 (Superseded 07/01/20).
Governor's proposed budget to Legislature --
Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
estimated revenues.
(1) The governor shall deliver, not later than 30 days before the date the Legislature
convenes in the annual general session, a confidential draft copy of the governor's proposed
budget recommendations to the Office of the Legislative Fiscal Analyst according to the
requirements of this section.
(2) (a) When submitting a proposed budget, the governor shall, within the first three
days of the annual general session of the Legislature, submit to the presiding officer of each
house of the Legislature:
(i) a proposed budget for the ensuing fiscal year;
(ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
with each change clearly itemized and classified; and
(iii) as applicable, a document showing proposed changes in estimated revenues that
are based on changes in state tax laws or rates.
(b) The proposed budget shall include:
(i) a projection of:
(A) estimated revenues by major tax type;
(B) 15-year trends for each major tax type;
(C) estimated receipts of federal funds;
(D) 15-year trends for federal fund receipts; and
(E) appropriations for the next fiscal year;
(ii) the source of changes to all direct, indirect, and in-kind matching funds for all
federal grants or assistance programs included in the budget;
(iii) changes to debt service;
(iv) a plan of proposed changes to appropriations and estimated revenues for the next
fiscal year that is based upon the current fiscal year state tax laws and rates and considers
projected changes in federal grants or assistance programs included in the budget;
(v) an itemized estimate of the proposed changes to appropriations for:
(A) the Legislative Department as certified to the governor by the president of the
Senate and the speaker of the House;
(B) the Executive Department;
(C) the Judicial Department as certified to the governor by the state court
administrator;
(D) changes to salaries payable by the state under the Utah Constitution or under law
for lease agreements planned for the next fiscal year; and
(E) all other changes to ongoing or one-time appropriations, including dedicated
credits, restricted funds, nonlapsing balances, grants, and federal funds;
(vi) for each line item, the average annual dollar amount of staff funding associated
with all positions that were vacant during the last fiscal year;
(vii) deficits or anticipated deficits;
(viii) the recommendations for each state agency for new full-time employees for the
next fiscal year, which shall also be provided to the [
State Building Board
] 
director of the
Division of Facilities Construction and Management
 as required by Subsection [
63A-5-103
(5)
]
63A-5b-501
(3)
;
(ix) a written description and itemized report submitted by a state agency to the
Governor's Office of Management and Budget under Section 
63J-1-220
, including:
(A) a written description and an itemized report provided at least annually detailing the
expenditure of the state money, or the intended expenditure of any state money that has not
been spent; and
(B) a final written itemized report when all the state money is spent;
(x) any explanation that the governor may desire to make as to the important features
of the budget and any suggestion as to methods for the reduction of expenditures or increase of
the state's revenue; and
(xi) information detailing certain fee increases as required by Section 
63J-1-504
.
(3) For the purpose of preparing and reporting the proposed budget:
(a) The governor shall require the proper state officials, including all public and higher
education officials, all heads of executive and administrative departments and state institutions,
bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
state money, and all institutions applying for state money and appropriations, to provide
itemized estimates of changes in revenues and appropriations.
(b) The governor may require the persons and entities subject to Subsection (3)(a) to
provide other information under these guidelines and at times as the governor may direct,
which may include a requirement for program productivity and performance measures, where
appropriate, with emphasis on outcome indicators.
(c) The governor may require representatives of public and higher education, state
departments and institutions, and other institutions or individuals applying for state
appropriations to attend budget meetings.
(4) (a) The Governor's Office of Management and Budget shall provide to the Office of
Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the date the
Legislature convenes in the annual general session, data, analysis, or requests used in preparing
the governor's budget recommendations, notwithstanding the restrictions imposed on such
recommendations by available revenue.
(b) The information under Subsection (4)(a) shall include:
(i) actual revenues and expenditures for the fiscal year ending the previous June 30;
(ii) estimated or authorized revenues and expenditures for the current fiscal year;
(iii) requested revenues and expenditures for the next fiscal year;
(iv) detailed explanations of any differences between the amounts appropriated by the
Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
(iii);
(v) a statement of agency and program objectives, effectiveness measures, and program
size indicators; and
(vi) other budgetary information required by the Legislature in statute.
(c) The budget information under Subsection (4)(a) shall cover:
(i) all items of appropriation, funds, and accounts included in appropriations acts for
the current and previous fiscal years; and
(ii) any new appropriation, fund, or account items requested for the next fiscal year.
(d) The information provided under Subsection (4)(a) may be provided as a shared
record under Section 
63G-2-206
 as considered necessary by the Governor's Office of
Management and Budget.
(5) (a) In submitting the budget for the Department of Public Safety, the governor shall
include a separate recommendation in the governor's budget for maintaining a sufficient
number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
or below the number specified in Subsection 
32B-1-201
(2).
(b) If the governor does not include in the governor's budget an amount sufficient to
maintain the number of alcohol-related law enforcement officers described in Subsection
(5)(a), the governor shall include a message to the Legislature regarding the governor's reason
for not including that amount.
(6) (a) The governor may revise all estimates, except those relating to the Legislative
Department, the Judicial Department, and those providing for the payment of principal and
interest to the state debt and for the salaries and expenditures specified by the Utah
Constitution or under the laws of the state.
(b) The estimate for the Judicial Department, as certified by the state court
administrator, shall also be included in the budget without revision, but the governor may make
separate recommendations on the estimate.
(7) The total appropriations requested for expenditures authorized by the budget may
not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
fiscal year.
(8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
does not affect the budget itself or any other item in it.
Section 94. Section 
63J-1-201 (Effective 07/01/20)
 is amended to read:
63J-1-201 (Effective 07/01/20).
Governor's proposed budget to Legislature --
Contents -- Preparation -- Appropriations based on current tax laws and not to exceed
estimated revenues.
(1) The governor shall deliver, not later than 30 days before the date the Legislature
convenes in the annual general session, a confidential draft copy of the governor's proposed
budget recommendations to the Office of the Legislative Fiscal Analyst according to the
requirements of this section.
(2) (a) When submitting a proposed budget, the governor shall, within the first three
days of the annual general session of the Legislature, submit to the presiding officer of each
house of the Legislature:
(i) a proposed budget for the ensuing fiscal year;
(ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
with each change clearly itemized and classified; and
(iii) as applicable, a document showing proposed changes in estimated revenues that
are based on changes in state tax laws or rates.
(b) The proposed budget shall include:
(i) a projection of:
(A) estimated revenues by major tax type;
(B) 15-year trends for each major tax type;
(C) estimated receipts of federal funds;
(D) 15-year trends for federal fund receipts; and
(E) appropriations for the next fiscal year;
(ii) the source of changes to all direct, indirect, and in-kind matching funds for all
federal grants or assistance programs included in the budget;
(iii) changes to debt service;
(iv) a plan of proposed changes to appropriations and estimated revenues for the next
fiscal year that is based upon the current fiscal year state tax laws and rates and considers
projected changes in federal grants or assistance programs included in the budget;
(v) an itemized estimate of the proposed changes to appropriations for:
(A) the Legislative Department as certified to the governor by the president of the
Senate and the speaker of the House;
(B) the Executive Department;
(C) the Judicial Department as certified to the governor by the state court
administrator;
(D) changes to salaries payable by the state under the Utah Constitution or under law
for lease agreements planned for the next fiscal year; and
(E) all other changes to ongoing or one-time appropriations, including dedicated
credits, restricted funds, nonlapsing balances, grants, and federal funds;
(vi) for each line item, the average annual dollar amount of staff funding associated
with all positions that were vacant during the last fiscal year;
(vii) deficits or anticipated deficits;
(viii) the recommendations for each state agency for new full-time employees for the
next fiscal year, which shall also be provided to the [
State Building Board
] 
director of the
Division of Facilities Construction and Management
 as required by Subsection [
63A-5-103
(5)
]
63A-5b-501
(3)
;
(ix) a written description and itemized report submitted by a state agency to the
Governor's Office of Management and Budget under Section 
63J-1-220
, including:
(A) a written description and an itemized report provided at least annually detailing the
expenditure of the state money, or the intended expenditure of any state money that has not
been spent; and
(B) a final written itemized report when all the state money is spent;
(x) any explanation that the governor may desire to make as to the important features
of the budget and any suggestion as to methods for the reduction of expenditures or increase of
the state's revenue; and
(xi) information detailing certain fee increases as required by Section 
63J-1-504
.
(3) For the purpose of preparing and reporting the proposed budget:
(a) The governor shall require the proper state officials, including all public and higher
education officials, all heads of executive and administrative departments and state institutions,
bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
state money, and all institutions applying for state money and appropriations, to provide
itemized estimates of changes in revenues and appropriations.
(b) The governor may require the persons and entities subject to Subsection (3)(a) to
provide other information under these guidelines and at times as the governor may direct,
which may include a requirement for program productivity and performance measures, where
appropriate, with emphasis on outcome indicators.
(c) The governor may require representatives of public and higher education, state
departments and institutions, and other institutions or individuals applying for state
appropriations to attend budget meetings.
(4) (a) The Governor's Office of Management and Budget shall provide to the Office of
Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days before the date the
Legislature convenes in the annual general session, data, analysis, or requests used in preparing
the governor's budget recommendations, notwithstanding the restrictions imposed on such
recommendations by available revenue.
(b) The information under Subsection (4)(a) shall include:
(i) actual revenues and expenditures for the fiscal year ending the previous June 30;
(ii) estimated or authorized revenues and expenditures for the current fiscal year;
(iii) requested revenues and expenditures for the next fiscal year;
(iv) detailed explanations of any differences between the amounts appropriated by the
Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
(iii);
(v) a statement of:
(A) agency and program objectives, effectiveness measures, and program size
indicators;
(B) the final status of the program objectives, effectiveness measures, and program size
indicators included in the appropriations act for the fiscal year ending the previous June 30; and
(C) the current status of the program objectives, effectiveness measures, and program
size indicators included in the appropriations act for the current fiscal year; and
(vi) other budgetary information required by the Legislature in statute.
(c) The budget information under Subsection (4)(a) shall cover:
(i) all items of appropriation, funds, and accounts included in appropriations acts for
the current and previous fiscal years; and
(ii) any new appropriation, fund, or account items requested for the next fiscal year.
(d) The information provided under Subsection (4)(a) may be provided as a shared
record under Section 
63G-2-206
 as considered necessary by the Governor's Office of
Management and Budget.
(5) (a) In submitting the budget for the Department of Public Safety, the governor shall
include a separate recommendation in the governor's budget for maintaining a sufficient
number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
or below the number specified in Subsection 
32B-1-201
(2).
(b) If the governor does not include in the governor's budget an amount sufficient to
maintain the number of alcohol-related law enforcement officers described in Subsection
(5)(a), the governor shall include a message to the Legislature regarding the governor's reason
for not including that amount.
(6) (a) The governor may revise all estimates, except those relating to the Legislative
Department, the Judicial Department, and those providing for the payment of principal and
interest to the state debt and for the salaries and expenditures specified by the Utah
Constitution or under the laws of the state.
(b) The estimate for the Judicial Department, as certified by the state court
administrator, shall also be included in the budget without revision, but the governor may make
separate recommendations on the estimate.
(7) The total appropriations requested for expenditures authorized by the budget may
not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
fiscal year.
(8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
does not affect the budget itself or any other item in it.
Section 95. Section 
63J-1-206
 is amended to read:
63J-1-206.
Appropriations governed by chapter -- Restrictions on expenditures --
Transfer of funds -- Exclusion.
(1) (a) Except as provided in Subsections (1)(b) and (2)(e), or where expressly
exempted in the appropriating act:
(i) all money appropriated by the Legislature is appropriated upon the terms and
conditions set forth in this chapter; and
(ii) any department, agency, or institution that accepts money appropriated by the
Legislature does so subject to the requirements of this chapter.
(b) This section does not apply to:
(i) the Legislature and its committees; and
(ii) the Investigation Account of the Water Resources Construction Fund, which is
governed by Section 
73-10-8
.
(2) (a) Each item of appropriation is to be expended subject to any schedule of
programs and any restriction attached to the item of appropriation, as designated by the
Legislature.
(b) Each schedule of programs or restriction attached to an appropriation item:
(i) is a restriction or limitation upon the expenditure of the respective appropriation
made;
(ii) does not itself appropriate any money; and
(iii) is not itself an item of appropriation.
(c) (i) Except as provided in Subsection (2)(c)(ii), an appropriation or any surplus of
any appropriation may not be diverted from any department, agency, institution, division, or
line item to any other department, agency, institution, division, or line item.
(ii) The state superintendent may transfer money appropriated for the Minimum School
Program between line items in accordance with Section 
53F-2-205
.
(iii) If the money appropriated to an agency to pay lease payments under the program
established in [
Subsection 
63A-5-228
(3)
] 
Section 
63A-5b-703
 exceeds the amount required for
the agency's lease payments to the Division of Facilities Construction and Management, the
agency may:
(A) transfer money from the lease payments line item to other line items within the
agency; and
(B) retain and use the excess money for other purposes.
(d) The money appropriated subject to a schedule of programs or restriction may be
used only for the purposes authorized.
(e) In order for a department, agency, or institution to transfer money appropriated to it
from one program to another program within a line item, the department, agency, or institution
shall revise its budget execution plan as provided in Section 
63J-1-209
.
(f) (i) The procedures for transferring money between programs within a line item as
provided by Subsection (2)(e) do not apply to money appropriated to the State Board of
Education for the Minimum School Program or capital outlay programs created in Title 53F,
Chapter 3, State Funding -- Capital Outlay Programs.
(ii) The state superintendent may transfer money appropriated for the programs
specified in Subsection (2)(f)(i) only as provided by Section 
53F-2-205
.
Section 96. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1) The Legislature and its committees.
(2) The Percent-for-Art Program created in Section 
9-6-404
.
(3) The LeRay McAllister Critical Land Conservation Program created in Section
11-38-301
.
(4) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
(5) The Trip Reduction Program created in Section 
19-2a-104
.
(6) The Division of Wildlife Resources for the appraisal and purchase of lands under
the Pelican Management Act, as provided in Section 
23-21a-6
.
(7) The primary care grant program created in Section 
26-10b-102
.
(8) Sanctions collected as dedicated credits from Medicaid provider under Subsection
26-18-3
(7).
(9) The Utah Health Care Workforce Financial Assistance Program created in Section
26-46-102
.
(10) The Rural Physician Loan Repayment Program created in Section 
26-46a-103
.
(11) The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
(12) Funds that the Department of Alcoholic Beverage Control retains in accordance
with Subsection 
32B-2-301
(7)(a) or (b).
(13) The General Assistance program administered by the Department of Workforce
Services, as provided in Section 
35A-3-401
.
(14) A new program or agency that is designated as nonlapsing under Section
36-24-101
.
(15) The Utah National Guard, created in Title 39, Militia and Armories.
(16) The State Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
(17) The Search and Rescue Financial Assistance Program, as provided in Section
53-2a-1102
.
(18) The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
(19) The State Board of Regents for teacher preparation programs, as provided in
Section 
53B-6-104
.
(20) The Medical Education Program administered by the Medical Education Council,
as provided in Section 
53B-24-202
.
(21) The State Board of Education, as provided in Section 
53F-2-205
.
(22) The Division of Services for People with Disabilities, as provided in Section
62A-5-102
.
(23) The Division of Fleet Operations for the purpose of upgrading underground
storage tanks under Section 
63A-9-401
.
(24) The Utah Seismic Safety Commission, as provided in Section 
63C-6-104
.
(25) Appropriations to the Department of Technology Services for technology
innovation as provided under Section 
63F-4-202
.
(26) The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
(27) The Utah Science Technology and Research Initiative created in Section
63M-2-301
.
(28) The Governor's Office of Economic Development to fund the Enterprise Zone
Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
(29) Appropriations to fund the Governor's Office of Economic Development's Rural
Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
Employment Expansion Program.
(30) The Department of Human Resource Management user training program, as
provided in Section 
67-19-6
.
(31) A public safety answering point's emergency telecommunications service fund, as
provided in Section 
69-2-301
.
(32) The Traffic Noise Abatement Program created in Section 
72-6-112
.
(33) The Judicial Council for compensation for special prosecutors, as provided in
Section 
77-10a-19
.
(34) A state rehabilitative employment program, as provided in Section 
78A-6-210
.
(35) The Utah Geological Survey, as provided in Section 
79-3-401
.
(36) The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
(37) Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
, and
78B-6-144.5
.
(38) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
Defense Commission.
(39) The program established by the Division of Facilities Construction and
Management under [
Subsection 
63A-5-228
(3)
] 
Section 
63A-5b-703
 under which state agencies
receive an appropriation and pay lease payments for the use and occupancy of buildings owned
by the Division of Facilities Construction and Management.
Section 97. Section 
63J-3-103
 is amended to read:
63J-3-103.
Definitions.
As used in this chapter:
(1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
from unrestricted General Fund and Education Fund sources.
(b) "Appropriations" includes appropriations that are contingent upon available
surpluses in the General Fund and Education Fund.
(c) "Appropriations" does not mean:
(i) public education expenditures;
(ii) Utah Education and Telehealth Network expenditures in support of public
education;
(iii) Utah System of Technical Colleges expenditures in support of public education;
(iv) State Tax Commission expenditures related to collection of income taxes in
support of public education;
(v) debt service expenditures;
(vi) emergency expenditures;
(vii) expenditures from all other fund or subfund sources;
(viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
(ix) transfers into, or appropriations made to, the General Fund Budget Reserve
Account established in Section 
63J-1-312
;
(x) transfers into, or appropriations made to, the Education Budget Reserve Account
established in Section 
63J-1-313
;
(xi) transfers in accordance with Section 
63J-1-314
 into, or appropriations made to the
Wildland Fire Suppression Fund created in Section 
65A-8-204
 or the State Disaster Recovery
Restricted Account created in Section 
53-2a-603
;
(xii) money appropriated to fund the total one-time project costs for the construction of
capital [
developments
] 
development projects
 as defined in Section [
63A-5-104
] 
63A-5b-401
;
(xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
created by Section 
72-2-118
;
(xiv) transfers or deposits into or appropriations made to the Transportation Investment
Fund of 2005 created by Section 
72-2-124
;
(xv) transfers or deposits into or appropriations made to:
(A) the Department of Transportation from any source; or
(B) any transportation-related account or fund from any source; or
(xvi) supplemental appropriations from the General Fund to the Division of Forestry,
Fire, and State Lands to provide money for wildland fire control expenses incurred during the
current or previous fire years.
(2) "Base year real per capita appropriations" means the result obtained for the state by
dividing the fiscal year 1985 actual appropriations of the state less debt money by:
(a) the state's July 1, 1983 population; and
(b) the fiscal year 1983 inflation index divided by 100.
(3) "Calendar year" means the time period beginning on January 1 of any given year
and ending on December 31 of the same year.
(4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
Chapter 4.
(5) "Fiscal year" means the time period beginning on July 1 of any given year and
ending on June 30 of the subsequent year.
(6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
capital and operations appropriations from General Fund and non-Uniform School Fund
income tax revenue sources, less debt money.
(7) "Inflation index" means the change in the general price level of goods and services
as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
Analysis, U.S. Department of Commerce calculated as provided in Section 
63J-3-202
.
(8) (a) "Maximum allowable appropriations limit" means the appropriations that could
be, or could have been, spent in any given year under the limitations of this chapter.
(b) "Maximum allowable appropriations limit" does not mean actual appropriations
spent or actual expenditures.
(9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
fiscal years previous to the fiscal year for which the maximum allowable inflation and
population appropriations limit is being computed under this chapter.
(10) "Most recent fiscal year's population" means the fiscal year population two fiscal
years previous to the fiscal year for which the maximum allowable inflation and population
appropriations limit is being computed under this chapter.
(11) "Population" means the number of residents of the state as of July 1 of each year
as calculated by the Governor's Office of Management and Budget according to the procedures
and requirements of Section 
63J-3-202
.
(12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
other monetary exaction and interest connected with it that are recorded as unrestricted revenue
of the General Fund and from non-Uniform School Fund income tax revenues, except as
specifically exempted by this chapter.
(13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
"indebtedness" within the meaning of any provision of the constitution or laws of this state.
Section 98. Section 
65A-4-1
 is amended to read:
65A-4-1.
Acquisition and disposition of land by state agencies.
(1) All state agencies may acquire land by gift, devise, bequest, exchange,
compensation for public resource value loss, or in satisfaction of a debt and are authorized to
sell, lease, or otherwise dispose of land no longer needed for public purposes, unless otherwise
provided by law.
(2) The proceeds from the sale, lease, or other disposition of land shall go to the state
agency using or holding the land unless:
(a) the governor or the Legislature order its deposit in the fund from which the state
agency receives its appropriations; or
(b) the use or disposition of the proceeds is specified elsewhere in law.
(3) Subsections (1) and (2) do not apply to division-owned property, as defined in
Section [
63A-5a-102
] 
63A-5b-901
.
Section 99. Section 
72-6-107.5
 is amended to read:
72-6-107.5.
Construction of improvements of highway -- Contracts -- Health
insurance coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(e) "Qualified health insurance coverage" means the same as that term is defined in
Section 
26-40-115
.
(f) "Subcontractor" means the same as that term is defined in Section [
63A-5-208
]
63A-5b-605
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by the department on
or after July 1, 2009, if the prime contract is in an aggregate amount equal to or greater than
$2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by
the department on or after July 1, 2009, if the subcontract is in an aggregate amount equal to or
greater than $1,000,000.
(3) The requirements of this section do not apply to a contractor or subcontractor
described in Subsection (2) if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract is a sole source contract; or
(c) the contract is an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
department that the contractor has and will maintain an offer of qualified health insurance
coverage for the contractor's employees and the employees' dependents during the duration of
the contract by submitting to the department a written statement that:
(i) the contractor offers qualified health insurance coverage that complies with Section
26-40-115
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer; or
(B) an underwriter who is responsible for developing the employer group's premium
rates; and
(iii) was created within one year before the day on which the statement is submitted.
(b) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health insurance coverage for the subcontractor's employees and the employees' dependents
during the duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health insurance coverage that complies with
Section 
26-40-115
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, or an
underwriter who is responsible for developing the employer group's premium rates; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(c) (i) (A) A contractor that fails to maintain an offer of qualified health insurance
coverage described in Subsection (5)(a) during the duration of the contract is subject to
penalties in accordance with administrative rules adopted by the department under Subsection
(6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health insurance coverage described in Subsection (5)(b)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
insurance coverage described in Subsection (5)(b) during the duration of the subcontract is
subject to penalties in accordance with administrative rules adopted by the department under
Subsection (6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health insurance coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) the Department of Natural Resources in accordance with Section 
79-2-404
;
(iii) the State Building Board in accordance with Section [
63A-5-205.5
] 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) a public transit district in accordance with Section 
17B-2a-818.5
; and
(vi) the Legislature's Administrative Rules Review Committee; and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(b)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health insurance coverage for an employee and a dependent of the employee
of the contractor or subcontractor who was not offered qualified health insurance coverage
during the duration of the contract; and
(iii) a website on which the department shall post the commercially equivalent
benchmark, for the qualified health insurance coverage identified in Subsection (1)(e), that is
provided by the Department of Health, in accordance with Subsection 
26-40-115
(2).
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health insurance
coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(b)(ii); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section 
26-18-402
.
(9) The failure of a contractor or subcontractor to provide qualified health insurance
coverage as required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
Section 100. Section 
79-2-404
 is amended to read:
79-2-404.
Contracting powers of department -- Health insurance coverage.
(1) As used in this section:
(a) "Aggregate" means the sum of all contracts, change orders, and modifications
related to a single project.
(b) "Change order" means the same as that term is defined in Section 
63G-6a-103
.
(c) "Employee" means, as defined in Section 
34A-2-104
, an "employee," "worker," or
"operative" who:
(i) works at least 30 hours per calendar week; and
(ii) meets employer eligibility waiting requirements for health care insurance, which
may not exceed the first day of the calendar month following 60 days after the day on which
the individual is hired.
(d) "Health benefit plan" means the same as that term is defined in Section 
31A-1-301
.
(e) "Qualified health insurance coverage" means the same as that term is defined in
Section 
26-40-115
.
(f) "Subcontractor" means the same as that term is defined in Section [
63A-5-208
]
63A-5b-605
.
(2) Except as provided in Subsection (3), the requirements of this section apply to:
(a) a contractor of a design or construction contract entered into by, or delegated to, the
department or a division, board, or council of the department on or after July 1, 2009, if the
prime contract is in an aggregate amount equal to or greater than $2,000,000; and
(b) a subcontractor of a contractor of a design or construction contract entered into by,
or delegated to, the department or a division, board, or council of the department on or after
July 1, 2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000.
(3) This section does not apply to contracts entered into by the department or a
division, board, or council of the department if:
(a) the application of this section jeopardizes the receipt of federal funds;
(b) the contract or agreement is between:
(i) the department or a division, board, or council of the department; and
(ii) (A) another agency of the state;
(B) the federal government;
(C) another state;
(D) an interstate agency;
(E) a political subdivision of this state; or
(F) a political subdivision of another state; or
(c) the contract or agreement is:
(i) for the purpose of disbursing grants or loans authorized by statute;
(ii) a sole source contract; or
(iii) an emergency procurement.
(4) A person that intentionally uses change orders, contract modifications, or multiple
contracts to circumvent the requirements of this section is guilty of an infraction.
(5) (a) A contractor subject to the requirements of this section shall demonstrate to the
department that the contractor has and will maintain an offer of qualified health insurance
coverage for the contractor's employees and the employees' dependents during the duration of
the contract by submitting to the department a written statement that:
(i) the contractor offers qualified health insurance coverage that complies with Section
26-40-115
;
(ii) is from:
(A) an actuary selected by the contractor or the contractor's insurer; or
(B) an underwriter who is responsible for developing the employer group's premium
rates; and
(iii) was created within one year before the day on which the statement is submitted.
(b) A contractor that is subject to the requirements of this section shall:
(i) place a requirement in each of the contractor's subcontracts that a subcontractor that
is subject to the requirements of this section shall obtain and maintain an offer of qualified
health insurance coverage for the subcontractor's employees and the employees' dependents
during the duration of the subcontract; and
(ii) obtain from a subcontractor that is subject to the requirements of this section a
written statement that:
(A) the subcontractor offers qualified health insurance coverage that complies with
Section 
26-40-115
;
(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, or an
underwriter who is responsible for developing the employer group's premium rates; and
(C) was created within one year before the day on which the contractor obtains the
statement.
(c) (i) (A) A contractor that fails to maintain an offer of qualified health insurance
coverage described in Subsection (5)(a) during the duration of the contract is subject to
penalties in accordance with administrative rules adopted by the department under Subsection
(6).
(B) A contractor is not subject to penalties for the failure of a subcontractor to obtain
and maintain an offer of qualified health insurance coverage described in Subsection (5)(b)(i).
(ii) (A) A subcontractor that fails to obtain and maintain an offer of qualified health
insurance coverage described in Subsection (5)(b) during the duration of the subcontract is
subject to penalties in accordance with administrative rules adopted by the department under
Subsection (6).
(B) A subcontractor is not subject to penalties for the failure of a contractor to maintain
an offer of qualified health insurance coverage described in Subsection (5)(a).
(6) The department shall adopt administrative rules:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) in coordination with:
(i) the Department of Environmental Quality in accordance with Section 
19-1-206
;
(ii) a public transit district in accordance with Section 
17B-2a-818.5
;
(iii) the State Building Board in accordance with Section [
63A-5-205.5
] 
63A-5b-607
;
(iv) the State Capitol Preservation Board in accordance with Section 
63C-9-403
;
(v) the Department of Transportation in accordance with Section 
72-6-107.5
; and
(vi) the Legislature's Administrative Rules Review Committee; and
(c) that establish:
(i) the requirements and procedures a contractor and a subcontractor shall follow to
demonstrate compliance with this section, including:
(A) that a contractor or subcontractor's compliance with this section is subject to an
audit by the department or the Office of the Legislative Auditor General;
(B) that a contractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(a); and
(C) that a subcontractor that is subject to the requirements of this section shall obtain a
written statement described in Subsection (5)(b)(ii);
(ii) the penalties that may be imposed if a contractor or subcontractor intentionally
violates the provisions of this section, which may include:
(A) a three-month suspension of the contractor or subcontractor from entering into
future contracts with the state upon the first violation;
(B) a six-month suspension of the contractor or subcontractor from entering into future
contracts with the state upon the second violation;
(C) an action for debarment of the contractor or subcontractor in accordance with
Section 
63G-6a-904
 upon the third or subsequent violation; and
(D) monetary penalties which may not exceed 50% of the amount necessary to
purchase qualified health insurance coverage for an employee and a dependent of an employee
of the contractor or subcontractor who was not offered qualified health insurance coverage
during the duration of the contract; and
(iii) a website on which the department shall post the commercially equivalent
benchmark, for the qualified health insurance coverage identified in Subsection (1)(e), 
provided by the Department of Health, in accordance with Subsection 
26-40-115
(2).
(7) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor
or subcontractor who intentionally violates the provisions of this section is liable to the
employee for health care costs that would have been covered by qualified health insurance
coverage.
(ii) An employer has an affirmative defense to a cause of action under Subsection
(7)(a)(i) if:
(A) the employer relied in good faith on a written statement described in Subsection
(5)(a) or (5)(b)(ii); or
(B) the department determines that compliance with this section is not required under
the provisions of Subsection (3).
(b) An employee has a private right of action only against the employee's employer to
enforce the provisions of this Subsection (7).
(8) Any penalties imposed and collected under this section shall be deposited into the
Medicaid Restricted Account created in Section 
26-18-402
.
(9) The failure of a contractor or subcontractor to provide qualified health insurance
coverage as required by this section:
(a) may not be the basis for a protest or other action from a prospective bidder, offeror,
or contractor under:
(i) Section 
63G-6a-1602
; or
(ii) any other provision in Title 63G, Chapter 6a, Utah Procurement Code; and
(b) may not be used by the procurement entity or a prospective bidder, offeror, or
contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
or construction.
Section 101. 
Repealer.
This bill repeals:
Section 
63A-5-100
,
Definitions.
Section 
63A-5-101
,
Creation -- Composition -- Appointment -- Per diem and
expenses -- Administrative services.
Section 
63A-5-101.5
,
State Building Board composition -- Appointment -- Per diem
and expenses -- Administrative services.
Section 
63A-5-102
,
Meetings of board -- Rules of procedure -- Quorum.
Section 
63A-5-103
,
Board -- Powers.
Section 
63A-5-104
,
Definitions -- Capital development and capital improvement
process -- Approval requirements -- Limitations on new projects -- Emergencies.
Section 
63A-5-202
,
Definitions.
Section 
63A-5-204
,
Specific powers and duties of director.
Section 
63A-5-205
,
Contracting powers of director -- Retainage.
Section 
63A-5-206
,
Construction, alteration, and repair of state facilities -- Powers
of director -- Exceptions -- Expenditure of appropriations -- Notification to local
governments for construction or modification of certain facilities.
Section 
63A-5-216
,
Gifts, grants, and donations to division.
Section 
63A-5-223
,
Contracts -- Certain indemnification provisions forbidden.
Section 
63A-5-301
,
Definitions.
Section 
63A-5-501
,
Making keys to buildings of state, political subdivisions or
colleges and universities without permission prohibited.
Section 
63A-5-502
,
Violation -- Misdemeanor.
Section 
63A-5-601
,
Legislative findings and policy.
Section 
63A-5-602
,
Appropriation for energy efficiency measures.
Section 
63A-5a-101
,
Title.
Section 102. 
Effective date.
This bill takes effect on May 12, 2020, except that the amendments to Section
63J-1-201
 (Effective 07/01/20) take effect on July 1, 2020.
Section 103. 
 Coordinating H.B. 451 with H.B. 37 -- Superseding substantive and
technical amendments.
If H.B. 451 and H.B. 37, Insurance Amendments, both pass and become law, it is the
intent of the Legislature that when the Office of Legislative Research and General Counsel
prepares the Utah Code database for publication:
(1) the amendments in H.B. 37 to Subsection 
63A-5-205.5
(1)(d), defining "health
benefit plan," supersede the amendments in H.B. 451 to Subsection 
63A-5-205.5
(1)(d),
renumbered in H.B. 451 to Subsection 
63A-5b-607
(1)(d), defining "health benefit plan";
(2) (a) the amendments in H.B. 451 to Subsections 
63A-5b-607
(6)(a)(ii) and (b)
supersede the amendments in H.B. 37 to Subsection 
63A-5-205.5
(5)(c)(ii); and
(b) Subsections 
63A-5b-607
(6)(a)(ii) and (b) shall be amended to read:
"
(ii) obtain from a subcontractor [
that is subject to the requirements of this section
]
referred to in Subsection (6)(a)(i)
 a written statement 
demonstrating
 that[
:
] 
the subcontractor
offers qualified health coverage to eligible employees and eligible employees' dependents.
[
(A) the subcontractor offers qualified health insurance coverage that complies with
Section 26-40-115;
]
[
(B) is
] 
(b) A statement under Subsection (6)(a)(ii):
(i) shall be
 from
:
(A)
 an actuary selected by the subcontractor or the subcontractor's insurer[
, or
]
;
(B)
 an underwriter who is responsible for developing the employer group's premium
rates; [
and
] 
or
(C) if the subcontractor provides a health benefit plan described in Subsection
(1)(d)(ii), an actuary or underwriter selected by an administrator; and
[
(C) was
] 
(ii) may not be
 created [
within
] 
more than
 one year before the day on which
the contractor obtains the statement 
from the subcontractor";
(3) the amendments in H.B. 451 to Subsection 
63A-5b-607
(11)(a)(ii)(A) supersede the
amendments in H.B. 37 to Subsection 
63A-5-205.5
(8)(a)(ii)(A); and
(4) the phrase "qualified health insurance coverage" in Subsection 
63A-5b-607
(14)
shall be amended to read "qualified health coverage."