| (1) |
Terms Used In Utah Code 63A-5b-303- 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
- Capitol hill facilities: means the same as that term is defined in Section 63C-9-102. See Utah Code 63A-5b-102
- Capitol hill grounds: means the same as that term is defined in Section 63C-9-102. See Utah Code 63A-5b-102
- Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
- Institution of higher education: means an institution listed in Subsection 53B-2-101(1). 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
- Statute: A law passed by a legislature.
- Trust lands administration: means the School and Institutional Trust Lands Administration established in Section 53C-1-201. See Utah Code 63A-5b-102
- Utah Board of Higher Education: means the Utah Board of Higher Education established in Section 53B-1-402. See Utah Code 63A-5b-102
| (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 to 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; |
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| (vii) |
fulfill the division’s responsibilities under 10, including responsibilities:
| (A) |
to implement the state building energy efficiency program under Section 63A-5b-1002; and |
| (B) |
related to the approval of loans from the State Facility Energy Efficiency Fund under Section 63A-5b-1003; |
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| (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 26B-6-507(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 $500,000. |
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