53B-2a-117.  Legislative approval — Capital development projects — Prioritization.

(1)  As used in this section:

Terms Used In Utah Code 53B-2a-117

  • 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-2a-101
  • 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. See Utah Code 53B-2a-101
  • 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. See Utah Code 53B-2a-101
  • Technical college: means an institution of higher education described in Subsection 53B-1-102(1)(b). See Utah Code 53B-1-101.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(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 a proposal for a funding request for each dedicated project or nondedicated project for which the technical college seeks legislative approval.

(4)  The board 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’s 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 Division of Facilities Construction and Management for a:

(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 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.

(6) 

(a)  Subject to Subsection (7), the board 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)  The board shall establish:

(i)  how the board 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 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).

Amended by Chapter 421, 2022 General Session

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