63A-5b-407. State Agency Capital Development Fund — Creation — Process.
(1)
Terms Used In Utah Code 63A-5b-407
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
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. See Utah Code 63A-5b-401
Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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.
