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. |
Terms Used In Utah Code 53B-22-204
- 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
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Capital development: means the same as capital development project, as defined in Section 63A-5b-401. See Utah Code 53B-22-201
- 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. See Utah Code 53B-22-201
- Dedicated project: means a capital development project for which state funds from an institution's allocation are requested or used. See Utah Code 53B-22-201
- Fund: means the Higher Education Capital Projects Fund created in Section 53B-22-202. See Utah Code 53B-22-201
- Institution: means a degree-granting institution. See Utah Code 53B-22-201
- Nondedicated project: means a capital development project for which state funds from a source other than an institution's allocation are requested or used. See Utah Code 53B-22-201
(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; |
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(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 |
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(c) |
submit the lists described in Subsection (3)(b) to:
(ii) |
the Infrastructure and General Government Appropriations Subcommittee; |
(iii) |
the Higher Education Appropriations Subcommittee; and |
(iv) |
the Division of Facilities Construction and Management for a:
(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). |
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(4) |
A dedicated project:
(a) |
is subject to the recommendation of the Division of Facilities Construction and Management as described in Section 63A-5b-403; and |
(b) |
is not subject to the prioritization of the Division of Facilities Construction and Management as described in Section 63A-5b-403. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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). |
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(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. |
Amended by Chapter 421, 2022 General Session