63A-5b-402.  Capital development process — Approval requirements.

(1)  Except as provided in Section 63A-5b-404, the division shall, on behalf of all agencies, submit capital development project recommendations and priorities to the Legislature for approval and prioritization.

Terms Used In Utah Code 63A-5b-402

  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
    • (2)  An agency that requests an appropriation for a capital development project shall submit to the division for transmission to the Legislature a capital development project request and a feasibility study relating to the capital development project.

    (3) 

    (a)  The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish standards and requirements for a capital development project request and feasibility study.

    (b)  The rules shall include:

    (i)  a deadline by which an agency is required to submit a capital development project request;

    (ii)  conditions under which an agency may modify the agency’s capital development project request after the agency submits the request, and requirements applicable to a modification; and

    (iii)  requirements for the contents of a feasibility study, including:

    (A)  the need for the capital development project;

    (B)  the appropriateness of the scope of the capital development project;

    (C)  any private funding for the capital development project; and

    (D)  the economic and community impacts of the capital development project.

    (4)  The division shall verify the completion and accuracy of a feasibility study that an agency submits under Subsection (2) prior to submitting capital development project recommendations and priorities under Subsection (1).

    Amended by Chapter 421, 2022 General Session

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