Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 168 First Substitute (2023GS)

Sponsor

Sen. Buxton, D. G.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates a capital projects fund called the State Agency Capital Development Fund to fund the design, renovation, and construction of state agency facilities, except for institutions of higher education;
• requires the Division of Facilities Construction and Management to present a five-year building plan to the Infrastructure and General Government Appropriations Subcommittee;
• requires the Infrastructure and General Government Appropriations Subcommittee to recommend to the Legislature appropriations from the State Agency Capital Development Fund for capital projects for state agencies;
• requires proceeds from the sale or lease of state agency buildings to be deposited into the State Agency Capital Development Fund;
• replaces references to the State Building Board to refer to the Division of Facilities Construction and Management; and
• makes technical changes.

Every vote on this bill

Bill text

STATE AGENCY CAPITAL DEVELOPMENT FUND
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David G. Buxton
House Sponsor: 
Kay J. Christofferson
LONG TITLE
General Description:
This bill creates a capital projects fund to facilitate administration and funding
processes of the Division of Facilities Construction and Management for capital
development projects for state agencies.
Highlighted Provisions:
This bill:
▸ creates a capital projects fund called the State Agency Capital Development Fund to
fund the design, renovation, and construction of state agency facilities, except for
institutions of higher education;
▸ requires the Division of Facilities Construction and Management to present a
five-year building plan to the Infrastructure and General Government
Appropriations Subcommittee;
▸ requires the Infrastructure and General Government Appropriations Subcommittee
to recommend to the Legislature appropriations from the State Agency Capital
Development Fund for capital projects for state agencies;
▸ requires proceeds from the sale or lease of state agency buildings to be deposited
into the State Agency Capital Development Fund;
▸ replaces references to the State Building Board to refer to the Division of Facilities
Construction and Management; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-29-4
, as enacted by Laws of Utah 1981, Chapter 126
32B-2-505
, as last amended by Laws of Utah 2021, Chapter 382
53B-20-104
, as last amended by Laws of Utah 2012, Chapter 242
63A-1-107
, as renumbered and amended by Laws of Utah 1993, Chapter 212
63A-1-108
, as last amended by Laws of Utah 2005, Chapter 169
63A-5b-910
, as last amended by Laws of Utah 2022, Chapter 421
63B-3-301
, as last amended by Laws of Utah 2022, Chapter 447
63B-6-502
, as last amended by Laws of Utah 2021, Chapter 280
63B-10-401
, as last amended by Laws of Utah 2010, Chapter 278
63B-12-301
, as enacted by Laws of Utah 2003, Chapter 302
63B-13-301
, as enacted by Laws of Utah 2004, Chapter 364
63B-17-401
, as last amended by Laws of Utah 2016, Chapter 222
63B-18-301
, as last amended by Laws of Utah 2018, Chapter 39
63G-6a-107.7
, as enacted by Laws of Utah 2020, Chapter 257
63G-6a-107.8
, as enacted by Laws of Utah 2020, Chapter 257
79-4-607
, as enacted by Laws of Utah 2021, Chapter 160
ENACTS:
63A-5b-407
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-29-4
 is amended to read:
26-29-4.
Enforcement of chapter.
The responsibility for adoption of the planning and design criteria referred to in Section
26-29-3
, and enforcement of this chapter shall be as follows:
(1) where state school funds are utilized, the State Board of Education[
.
]
;
(2) where state funds are utilized, the [
State Building Board.
] 
Division of Facilities
Construction and Management; and
(3) where funds of political subdivisions are utilized, the governing board of the county
or municipality in which the building or facility is located.
Section 2. Section 
32B-2-505
 is amended to read:
32B-2-505.
Reporting requirements -- Building plan and market survey required
-- Department performance measures.
(1) In 2018 and each year thereafter, the department shall present a five-year building
plan to the Infrastructure and General Government Appropriations Subcommittee that
describes the department's anticipated property acquisition, building, and remodeling for the
five years following the day on which the department presents the five-year building plan.
(2) (a) In 2018 and every other year thereafter, the department shall complete a market
survey to inform the department's five-year building plan described in Subsection (1).
(b) The department shall:
(i) provide a copy of each market survey to the Infrastructure and General Government
Appropriations Subcommittee and the Business and Labor Interim Committee; and
(ii) upon request, appear before the Infrastructure and General Government
Appropriations Subcommittee to present the results of the market survey.
(3) For fiscal year 2018-19 and each fiscal year thereafter, before the fiscal year begins,
the Governor's Office of Planning and Budget, in consultation with the department and the
Office of the Legislative Fiscal Analyst, shall establish performance measures and goals to
evaluate the department's operations during the fiscal year.
(4) (a) The department may not submit a request to the [
State Building Board
] 
Division
of Facilities Construction and Management
 for a capital development project unless the
department first obtains approval from the Governor's Office of Planning and Budget.
(b) In determining whether to grant approval for a request described in Subsection
(4)(a), the Governor's Office of Planning and Budget shall evaluate the extent to which the
department met the performance measures and goals described in Subsection (3) during the
previous fiscal year.
Section 3. Section 
53B-20-104
 is amended to read:
53B-20-104.
Buildings and facilities -- Board approval of construction and
purchases -- Rules.
(1) The board shall approve all new construction, repair, or purchase of educational
and general buildings and facilities financed from any source at all institutions subject to the
jurisdiction of the board.
(2) An institution may not submit plans or specifications to the [
State Building Board
]
Division of Facilities Construction and Management
 for the construction or alteration of
buildings, structures, or facilities or for the purchases of equipment or fixtures for the structure
without the authorization of the board.
(3) The board shall make rules establishing the conditions under which facilities may
be eligible to request state funds for operations and maintenance.
(4) Before approving the purchase of a building, the board shall:
(a) determine whether or not the building will be eligible for state funds for operations
and maintenance by applying the rules adopted under Subsection (3); and
(b) if the annual request for state funding for operations and maintenance will be
greater than $100,000, notify the speaker of the House, the president of the Senate, and the
cochairs of the Infrastructure and General Government subcommittee of the Legislature's Joint
Appropriation Committee.
Section 4. Section 
63A-1-107
 is amended to read:
63A-1-107.
Administrative support to building ownership authority.
The executive director shall provide administrative support and staff services to the
[
State Building Board and the
] State Building Ownership Authority.
Section 5. Section 
63A-1-108
 is amended to read:
63A-1-108.
Powers and duties of other agencies assigned to executive director.
Powers and duties assigned by other provisions of this title to the Division of Finance,
the [
State Building Board
] 
Division of Facilities Construction and Management
, or other
agencies or divisions of the department, and not specifically assigned by this chapter, shall be
assigned to the executive director with the approval of the governor.
Section 6. Section 
63A-5b-407
 is enacted to read:
 63A-5b-407.
State Agency Capital Development Fund -- Creation -- Process.
(1) (a) There is created a capital projects fund known as the State Agency Capital
Development Fund.
(b) The State Agency Capital Development Fund and this section do not apply to an
institution of higher education.
(2) The State Agency Capital Development Fund is funded from the following sources:
(a) one-time appropriations made to the State Agency Capital Development Fund by
the Legislature;
(b) ongoing appropriations made by the Legislature; or
(c) revenue received from the sale, lease, or disposition of any state agency building or
property associated with the implementation of the Statewide Master Plan for State Agencies as
described in Subsection (7).
(3) Subject to Subsection (4), and subject to appropriation by the Legislature, the
division may use the money deposited into the State Agency Capital Development Fund for
capital development projects, capital improvement projects, and to design, renovate, or
construct facilities for state agencies.
(4) (a) Before the division spends or commits money from the State Agency Capital
Development Fund, in accordance with Sections 
63A-5b-402
, 
63A-5b-405
, and 
63A-5b-501
,
the division shall present to the Infrastructure and General Government Appropriations
Subcommittee:
(i) a description of each project for which the division will spend the money; and
(ii) the amount of money needed for each project.
(b) Following a presentation described in Subsection (4)(a), the Infrastructure and
General Government Appropriations Subcommittee shall recommend to the Legislature
appropriations of money from the State Agency Capital Development Fund to the division for
approved projects in the division's plan.
(c) In accordance with this section, the division is required to receive legislative
approval through an appropriations act in order to expend money in the State Agency Capital
Development Fund for a capital development project.
(5) In the 2024 General Session of the Legislature, and each year thereafter, and in
accordance with Sections 
63A-5b-402
, 
63A-5b-405
, and 
63A-5b-501
, the division shall present
a five-year building plan to the Infrastructure and General Government Appropriations
Subcommittee that describes the division's anticipated plan for designing, renovating, or
building state agency facilities.
(6) The division may not submit a request to the Infrastructure and General
Government Appropriations Subcommittee for funding from the State Agency Capital
Development Fund unless:
(a) the project complies with the Statewide Master Plan for State Agencies; and
(b) the division first obtains approval from the Governor's Office of Planning and
Budget.
(7) If a building is vacated by an agency and the agency moves to another building,
proceeds from the sale or lease of the vacated building:
(a) may not be used by the agency or otherwise absorbed into the agency's budget; and
(b) shall be deposited into the State Agency Capital Development Fund described in
this section.
Section 7. Section 
63A-5b-910
 is amended to read:
63A-5b-910.
Disposition of proceeds received by division from sale of vacant
division-owned property.
(1) (a) Except as provided in Section 
62A-5-206.7
, the division shall pay into the state
treasury the money received from the transfer of ownership or lease of vacant 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
(ii) is appropriated for the purpose described in Subsection (1)(b)(i).
(2) [
The
] 
Except as described in Subsection 
63A-5b-407
(7), the
 proceeds from the
transfer of ownership or lease of vacant 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 8. Section 
63B-3-301
 is amended to read:
63B-3-301.
Legislative intent -- Additional projects.
(1) It is the intent of the Legislature that, for any lease purchase agreement that the
Legislature may authorize the Division of Facilities Construction and Management to enter into
during its 1994 Annual General Session, 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 Planning and Budget, may seek out the most cost effective and prudent lease
purchase plans available to the state and may, pursuant to 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.
(2) It is the intent of the Legislature that the Department of Transportation dispose of
surplus real properties and use the proceeds from those properties to acquire or construct
through the Division of Facilities Construction and Management a new District Two Complex.
(3) It is the intent of the Legislature that the [
State Building Board
] 
Division of
Facilities Construction and Management
 allocate funds from the Capital Improvement
appropriation and donations to cover costs associated with the upgrade of the Governor's
Residence that go beyond the restoration costs which can be covered by insurance proceeds.
(4) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
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 $10,600,000 for the construction of a
Natural Resources Building in Salt Lake City, 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
Planning and Budget.
(c) It is the intent of the Legislature that the operating budget for the Department of
Natural Resources not be increased to fund these lease payments.
(5) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
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 $8,300,000 for the acquisition of the
office buildings currently occupied by the Department of Environmental Quality and
approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
City, 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
Planning and Budget.
(6) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
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 $9,000,000 for the acquisition or
construction of up to two field offices for the Department of 
Health and
 Human Services in the
southwestern portion of Salt Lake County, 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
Planning and Budget.
(7) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
issue or execute obligations or enter into or arrange for lease purchase agreements in which
participation interests may be created, to provide up to $5,000,000 for the acquisition or
construction of up to 13 stores for the Department of Alcoholic Beverage 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
Planning and Budget.
(c) It is the intent of the Legislature that the operating budget for the Department of
Alcoholic Beverage Services not be increased to fund these lease payments.
(8) (a) It is the intent of the Legislature to authorize the State Building Ownership
Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
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 $6,800,000 for the construction of a
Prerelease and Parole Center for the Department of Corrections, containing a minimum of 300
beds, 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
Planning and Budget.
(9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
in Salt Lake City, becomes law, it is the intent of the Legislature that:
(a) the Legislative Management Committee, the Interim Appropriation Subcommittees
for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
the Office of the Legislative Fiscal Analyst, the Governor's Office of Planning and Budget, and
the [
State Building Board
] 
Division of Facilities Construction and Management
 participate in a
review of the proposed facility design for the Courts Complex no later than December 1994;
and
(b) although this review will not affect the funding authorization issued by the 1994
Legislature, it is expected that Division of Facilities Construction and Management will give
proper attention to concerns raised in these reviews and make appropriate design changes
pursuant to the review.
(10) It is the intent of the Legislature that:
(a) the Division of Facilities Construction and Management, in cooperation with the
Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services,
develop a flexible use prototype facility for the Division of Youth Corrections renamed in 2003
to the Division of Juvenile Justice Services;
(b) the development process use existing prototype proposals unless it can be
quantifiably demonstrated that the proposals cannot be used;
(c) the facility is designed so that with minor modifications, it can accommodate
detention, observation and assessment, transition, and secure programs as needed at specific
geographical locations;
(d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services is used to
design and construct one facility and design the other;
(ii) the Division of Youth Corrections renamed in 2003 to the Division of Juvenile
Justice Services shall:
(A) determine the location for the facility for which design and construction are fully
funded; and
(B) in conjunction with the Division of Facilities Construction and Management,
determine the best methodology for design and construction of the fully funded facility;
(e) the Division of Facilities Construction and Management submit the prototype as
soon as possible to the Infrastructure and General Government Appropriations Subcommittee
and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
review;
(f) the Division of Facilities Construction and Management issue a Request for
Proposal for one of the facilities, with that facility designed and constructed entirely by the
winning firm;
(g) the other facility be designed and constructed under the existing Division of
Facilities Construction and Management process;
(h) that both facilities follow the program needs and specifications as identified by
Division of Facilities Construction and Management and the Division of Youth Corrections
renamed in 2003 to the Division of Juvenile Justice Services in the prototype; and
(i) the fully funded facility should be ready for occupancy by September 1, 1995.
(11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
Park Master Study be used by the Division of Facilities Construction and Management to
develop a master plan for the State Fair Park that:
(a) identifies capital facilities needs, capital improvement needs, building
configuration, and other long term needs and uses of the State Fair Park and its buildings; and
(b) establishes priorities for development, estimated costs, and projected timetables.
(12) It is the intent of the Legislature that:
(a) the Division of Facilities Construction and Management, in cooperation with the
Division of State Parks, formerly known as the Division of Parks and Recreation, and
surrounding counties, develop a master plan and general program for the phased development
of Antelope Island;
(b) the master plan:
(i) establish priorities for development;
(ii) include estimated costs and projected time tables; and
(iii) include recommendations for funding methods and the allocation of
responsibilities between the parties; and
(c) the results of the effort be reported to the Natural Resources, Agriculture, and
Environmental Quality Appropriations Subcommittee and Infrastructure and General
Government Appropriations Subcommittee.
(13) It is the intent of the Legislature to authorize the University of Utah to use:
(a) bond reserves to plan, design, and construct the Kingsbury Hall 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) donated and other nonappropriated funds to plan, design, and construct the Biology
Research Building under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director.
(14) It is the intent of the Legislature to authorize Utah State University to use:
(a) federal and other funds to plan, design, and construct the Bee Lab under the
supervision of the director of the Division of Facilities Construction and Management unless
supervisory authority is delegated by the director;
(b) donated and other nonappropriated funds to plan, design, and construct an Athletic
Facility addition and renovation under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director;
(c) donated and other nonappropriated funds to plan, design, and construct a renovation
to the Nutrition and Food Science 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) federal and private funds to plan, design, and construct the Millville Research
Facility 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 to authorize Salt Lake Community College to use:
(a) institutional funds to plan, design, and construct a remodel to the Auto Trades
Office and Learning Center under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director;
(b) institutional funds to plan, design, and construct the relocation and expansion of a
temporary maintenance compound under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director; and
(c) institutional funds to plan, design, and construct the Alder Amphitheater 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 to authorize Southern Utah University to use:
(a) federal funds to plan, design, and construct a Community 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
(b) donated and other nonappropriated funds to plan, design, and construct a stadium
expansion under the supervision of the director of the Division of Facilities Construction and
Management unless supervisory authority is delegated by the director.
(17) It is the intent of the Legislature to authorize the Department of Corrections to use
donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
Facility in Gunnison under the supervision of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated by the director.
(18) If the Utah National Guard does not relocate in the Signetics Building, it is the
intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
to plan and design an Armory in Provo, Utah, under the supervision of the director of the
Division of Facilities Construction and Management unless supervisory authority is delegated
by the director.
(19) It is the intent of the Legislature that the Utah Department of Transportation use
$250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
(20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
and purchase equipment for use in that building that could be used in metal trades or other
programs in other Applied Technology Centers.
(21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
considered as the highest priority projects for construction funding in fiscal year 1996.
(22) It is the intent of the Legislature that:
(a) the Division of Facilities Construction and Management complete physical space
utilization standards by June 30, 1995, for the use of technology education activities;
(b) these standards are to be developed with and approved by the State Board of
Education, the Board of Regents, and the [
Utah State Building Board
] 
Division of Facilities
Construction and Management
;
(c) these physical standards be used as the basis for:
(i) determining utilization of any technology space based on number of stations capable
and occupied for any given hour of operation; and
(ii) requests for any new space or remodeling;
(d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
Ogden-Weber Applied Technology Center are exempt from this process; and
(e) the design of the Davis Applied Technology Center take into account the utilization
formulas established by the Division of Facilities Construction and Management.
(23) It is the intent of the Legislature that Utah Valley State College may use the
money from the bond allocated to the remodel of the Signetics building to relocate its technical
education programs at other designated sites or facilities under the supervision of the director
of the Division of Facilities Construction and Management unless supervisory authority is
delegated by the director.
(24) It is the intent of the Legislature that the money provided for the fiscal year 1995
project for the Bridgerland Applied Technology Center be used to design and construct the
space associated with Utah State University and design the technology center portion of the
project.
(25) It is the intent of the Legislature that the governor provide periodic reports on the
expenditure of the funds provided for electronic technology, equipment, and hardware to the
Infrastructure and General Government Appropriations Subcommittee, and the Legislative
Management Committee.
Section 9. Section 
63B-6-502
 is amended to read:
63B-6-502.
Other capital facility authorizations and intent language.
(1) It is the intent of the Legislature that the University of Utah use institutional funds
to plan, design, and construct:
(a) the Health Science Lab Building 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 gymnastics facility under the supervision of the director of the Division of
Facilities Construction and Management unless supervisory authority is delegated by the
director.
(2) It is the intent of the Legislature that Southern Utah University use institutional
funds to plan, design, and construct a science center addition 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 Valley State College use institutional
funds to plan, design, and construct a student center addition under the supervision of the
director of the Division of Facilities Construction and Management unless supervisory
authority is delegated by the director.
(4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
Management lease property at the Draper Prison to an entity for the purpose of constructing
recycling and transfer facilities to employ inmates if the following conditions are satisfactorily
met:
(i) the entity assures continuous employment of state inmates;
(ii) the lease with the entity provides an appropriate return to the state;
(iii) the lease has an initial term of not to exceed 20 years;
(iv) the lease protects the state from all liability;
(v) the entity guarantees that no adverse environmental impact will occur;
(vi) the state retains the right to:
(A) monitor the types of wastes that are processed; and
(B) prohibit the processing of types of wastes that are considered to be a risk to the
state or surrounding property uses;
(vii) the lease provides for adequate security arrangements;
(viii) the entity assumes responsibility for any taxes or fees associated with the facility;
and
(ix) the entity assumes responsibility for bringing utilities to the site and any state
expenditures for roads, etc. are considered in establishing the return to the state.
(b) Except as provided in Subsections (4)(c) and (d), the facility may be constructed
without direct supervision by the Division of Facilities Construction and Management.
(c) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
Management shall:
(i) review the design, plans, and specifications of the project; and
(ii) approve them if they are appropriate.
(d) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
Management may:
(i) require that the project be submitted to the local building official for plan review
and inspection; and
(ii) inspect the project.
(5) It is the intent of the Legislature that:
(a) the $221,497.86 authorized for the Capitol Hill Day Care Center in Subsection (4)
of Laws of Utah 1992, Chapter 304, Section 56, be used for general capital improvements; and
(b) the [
Building Board
] 
Division of Facilities Construction and Management
 should,
in allocating the $221,497.86, if appropriate under the Board's normal allocation and
prioritization process, give preference to projects for the Division of State Parks, formerly
known as the Division of Parks and Recreation.
Section 10. Section 
63B-10-401
 is amended to read:
63B-10-401.
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 an
expansion of the HPER 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.
(2) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct the
Moran Eye Center II project 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 the E.
E. Jones Medical Science Addition 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.
(4) It is the intent of the Legislature that:
(a) the University of Utah use institutional funds to plan, design, and construct a
Museum of Natural History 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.
(5) It is the intent of the Legislature that:
(a) Dixie College use institutional funds to plan, design, and construct the Hurricane
Education 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 college 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) Southern Utah University use institutional funds to plan, design, and construct the
Shakespearean Festival 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 college may not request state funds for operations and maintenance.
(7) It is the intent of the Legislature that:
(a) the Department of Corrections use donations to plan, design, and construct the
Wasatch Family History 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 department may request state funds for operations and maintenance.
(8) It is the intent of the Legislature that:
(a) the Department of Workforce Services use $1,186,700 from its Special
Administrative Expense Account created in Section 
35A-4-506
 to plan, design, and construct
an addition to the Cedar City Employment Center under the direction of the director of the
Division of Facilities Construction and Management unless supervisory authority has been
delegated; and
(b) the department may request state funds for operations and maintenance.
(9) It is the intent of the Legislature that the Division of Facilities Construction and
Management, acting on behalf of the Department of Natural Resources, may enter into a lease
purchase agreement with Carbon County to provide needed space for agency programs in the
area if the Department of Natural Resources obtains the approval of the [
State Building Board
]
Division of Facilities Construction and Management
 by demonstrating that the lease purchase
will be a benefit to the state and that the lease, including operation and maintenance costs, can
be funded within existing agency budgets.
Section 11. Section 
63B-12-301
 is amended to read:
63B-12-301.
Other capital facilities authorizations.
(1) It is the intent of the Legislature that:
(a) Utah State University use institutional funds to plan, design, and construct an
addition to the Laboratory Research 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.
(2) It is the intent of the Legislature that:
(a) Utah State University use institutional funds to plan, design, and construct an
addition to the Biology/Natural Resources 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.
(3) It is the intent of the Legislature that:
(a) Snow College use grants and loans from the Community Impact Board together
with other institutional funds to plan, design, and construct an addition to the Activities 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;
(c) before proceeding with the project, the Board of Regents and the [
State Building
Board
] 
Division of Facilities Construction and Management
 review and approve the scope and
funding of the project; and
(d) the college may request state funds for operations and maintenance 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.
(4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
Management sell the state's interest in the Iron County Correction Facility to Iron County for
$2,000,000 according to the terms specified in this Subsection (4).
(b) Iron County will pay the state $1,550,000 in cash.
(c) To pay the $450,000 balance of the purchase price, Iron County will:
(i) provide office space for the Department of Corrections' Adult Probation and Parole
in the Iron County Correction Facility for 10 years at no cost to the state of Utah, at an
estimated value of $45,000 per year for a total [
year
] 
10-year
 value of $450,000; and
(ii) contract with the Department of Corrections to house 15 state prisoners in the Iron
County Correctional Facility for at least five years.
(d) (i) The Department of Corrections shall select the 15 prisoners to house at the Iron
County Correctional Facility from beds currently under contract in other counties.
(ii) Nothing in this section may be construed to authorize or require the Department of
Corrections to increase the number of prisoners currently housed in county correctional
facilities on state contract.
(e) If the Department of Corrections' Adult Probation and Parole chooses, for whatever
reason, not to use the office space offered by Iron County, Iron County is not liable for, and
need not pay, the state the value of that estimated rent.
Section 12. Section 
63B-13-301
 is amended to read:
63B-13-301.
Lease-purchase authorizations.
(1) It is the intent of the Legislature that the Mountainland Applied Technology
Campus of the Utah College of Applied Technology may use existing funds to enter into a
lease-purchase agreement with Alpine School District for the acquisition of the Pacific Avenue
Applied Technology Facility costing up to $2,900,000.
(2) It is further the intent of the Legislature that a lease may not be executed until the
[
State Building Board
] 
Division of Facilities Construction and Management
 has determined
that the lease-purchase option is less costly to the state than the current lease.
Section 13. Section 
63B-17-401
 is amended to read:
63B-17-401.
Authorizations to acquire or exchange property.
The Legislature intends that:
(1) the Division of Facilities Construction and Management, acting on behalf of the
Department of Natural Resources, may enter into a lease purchase agreement with Uintah
County to provide needed space for agency programs in the area;
(2) the agreement shall involve a trade at fair market value between the Division of
Facilities Construction and Management and Uintah County of the following two properties:
(a) that portion of the current Uintah County complex that is owned by the state,
located at 147 East Main Street, Vernal, Utah, which currently houses the Department of
Natural Resources and other state agencies; and
(b) a parcel of land owned by Uintah County, located at approximately 318 North
Vernal Avenue, Vernal, Utah, which would become the location of the needed space under the
lease purchase agreement;
(3) before entering into an agreement with Uintah County, the Division of Facilities
Construction and Management shall ensure that all other state agencies in the Uintah County
complex stay in their current location or receive adequate replacement space, with the terms of
any replacement space acceptable to each state agency;
(4) before entering into an agreement with Uintah County, the Department of Natural
Resources shall obtain the approval of the [
State Building Board
] 
Division of Facilities
Construction and Management
; and
(5) the [
State Building Board
] 
Division of Facilities Construction and Management
may approve the agreement only if the Department of Natural Resources demonstrates that the
lease purchase will be a benefit to the state.
Section 14. Section 
63B-18-301
 is amended to read:
63B-18-301.
Authorizations to design and construct capital facilities using
institutional or agency funds.
(1) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use institutional funds to plan and design an ambulatory care
complex;
(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.
(2) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $64,445,000 in donations to plan, design, and construct a
replacement and expansion of the Eccles School of Business Building, with 135,000 new
square feet;
(b) no state funds be used for any portion of this project unless expressly appropriated
for this purpose or approved in a general obligation bond bill; 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) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $8,689,000 in donations to plan, design, and construct a
renovation of the Kennecott Building, with 19,400 new square feet;
(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) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $30,737,000 in donations to plan, design, and construct a
Sorenson Arts and Education Complex, with 85,400 new square feet;
(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) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $4,477,500 in donations to plan, design, and construct a
Meldrum Civil Engineering Building, with 11,800 new square feet;
(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.
(6) The Legislature intends that:
(a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, negotiate with a private developer to develop the Universe
Project on land west of the university football stadium;
(b) before entering into a contract with the developer, the university shall:
(i) present the final contract terms to the Legislature's Executive Appropriations
Committee;
(ii) obtain the approval of the [
State Building Board
] 
Division of Facilities
Construction and Management
; and
(iii) the [
State Building Board
] 
Division of Facilities Construction and Management
may approve the agreement only if the university demonstrates that the contract terms will be a
benefit to the state;
(c) no state funds be used for any portion of this project; and
(d) 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.
(7) The Legislature intends that:
(a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $2,650,000 in grants and institutional funds to plan,
design, and construct a Business Resource Center, with 12,000 new square feet;
(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) Utah Valley University may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $1,200,000 in donations and institutional funds to plan,
design, and construct a track and field facility;
(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.
(9) The Legislature intends that:
(a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $600,000 in institutional funds to plan, design, and
construct intramural playing fields;
(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.
(10) The Legislature intends that:
(a) Southern Utah University may, subject to requirements in Title 63A, Chapter 5b,
Administration of State Facilities, use $2,000,000 in donations to plan, design, and construct a
baseball and soccer complex upgrade;
(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.
(11) The Legislature intends that:
(a) the Department of Natural Resources may, subject to requirements in Title 63A,
Chapter 5b, Administration of State Facilities, use $3,000,000 in federal grants to plan, design,
and construct an interagency fire dispatch center, with 10,000 new square feet;
(b) no state funds be used for any portion of this project; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
(12) The Legislature intends that:
(a) the Department of Natural Resources may, subject to requirements in Title 63A,
Chapter 5b, Administration of State Facilities, use $7,500,000 in federal grants to plan, design,
and construct a curation facility in Vernal, with 21,000 new square feet;
(b) no state funds be used for any portion of this project; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
(13) The Legislature intends that:
(a) the Department of Natural Resources may, subject to requirements in Title 63A,
Chapter 5b, Administration of State Facilities, use $650,000 in federal grants to plan, design,
and construct an expansion to the seed warehouse at the Great Basin Research Center, with
9,000 new square feet;
(b) no state funds be used for any portion of this project unless expressly appropriated
for this purpose; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
(14) The Legislature intends that:
(a) the Department of Veterans and Military Affairs may, subject to requirements in
Title 63A, Chapter 5b, Administration of State Facilities, use $3,500,000 in federal grants to
plan, design, and construct improvements at the Veterans Cemetery, with 15,000 new square
feet;
(b) no state funds be used for any portion of this project unless expressly appropriated
for this purpose; and
(c) the department may not request state funds for operation and maintenance costs or
capital improvements.
Section 15. Section 
63G-6a-107.7
 is amended to read:
63G-6a-107.7.
Procurement rules.
(1) (a) Subject to Subsection (1)(b), the rulemaking authority for a procurement unit
shall make rules relating to the management and control of procurements and procurement
procedures by the procurement unit.
(b) [
Building board
] 
Facilities division
 rules governing procurement of construction
projects, design professional services, and leases apply to the procurement of construction
projects, design professional services, and leases of real property, respectively, by the [
Division
of Facilities Construction and Management
] 
facilities division
.
(2) A rulemaking authority may not adopt rules, policies, or regulations that are
inconsistent with this chapter.
(3) An individual or body that makes rules as required or authorized in this chapter
shall make the rules:
(a) in accordance with Chapter 3, Utah Administrative Rulemaking Act, if the
individual or body is subject to Chapter 3, Utah Administrative Rulemaking Act; or
(b) in accordance with the established process for making rules or their equivalent, if
the individual or body is not subject to Chapter 3, Utah Administrative Rulemaking Act.
(4) The rules of the rulemaking authority for the executive branch procurement unit
shall require, for each contract and request for proposals, the inclusion of a clause that requires
the issuing procurement unit, for the duration of the contract, to make available contact
information of the winning contractor to the Department of Workforce Services in accordance
with Section 
35A-2-203
. This requirement does not preclude a contractor from advertising job
openings in other forums throughout the state.
(5) The Department of Transportation may make rules governing the procurement of a
highway construction project or highway improvement project.
(6) The rulemaking authority for a public transit district may make rules governing the
procurement of a transit construction project or a transit improvement project.
Section 16. Section 
63G-6a-107.8
 is amended to read:
63G-6a-107.8.
Facilities division report to legislative interim committee.
The [
building board
] 
facilities division
 shall make a report on or before July 1 of each
year to a legislative interim committee designated by the Legislative Management Committee,
created under Section 
36-12-6
, on the establishment, implementation, and enforcement of the
rules made by the [
building board
] 
facilities division
 under this chapter.
Section 17. Section 
79-4-607
 is amended to read:
79-4-607.
Utahraptor State Park.
(1) As used in this section, "Dalton Wells" means the land located in the area known as
Dalton Wells and fully described by the map and legal description on file with the division.
(2) The division may:
(a) receive donations of land or facilities in the Dalton Wells area for the creation of,
and inclusion within, Utahraptor State Park;
(b) engage in land transfers for land in the Dalton Wells area for inclusion in
Utahraptor State Park; or
(c) purchase land or facilities in the Dalton Wells area for inclusion in Utahraptor State
Park.
(3) Utahraptor State Park shall be included within the state park system.
(4) The division may not open Utahraptor State Park to the public for use as a state
park until the division has received sufficient funding from the [
State Building Board
] 
Division
of Facilities Construction and Management
 or from the General Fund to provide for capital
improvements and any necessary land acquisitions.
(5) Land acquisitions and capital investments will be made at the park in a way that
allows Utahraptor State Park to remain financially self-sustaining.
(6) Ongoing operations at Utahraptor State Park shall be funded through the Division
of Parks and Recreation's restricted fees account.