Utah Code 63A-5b-404. Exceptions to requirement of legislative approval for capital development projects

63A-5b-404. Exceptions to requirement of legislative approval for capital development projects.

(1)

Terms Used In Utah Code 63A-5b-404

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

Department: means the Department of Government Operations. See Utah Code 63A-1-103

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

Land: includes :Utah Code 68-3-12.5

New facility: includes :

(i)	an addition to an existing building; and

(ii)

the enclosure of space that was not previously fully enclosed. See Utah Code 63A-5b-401

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

State funds: means public money appropriated by the Legislature. See Utah Code 63A-5b-401

Trust lands administration: means the School and Institutional Trust Lands Administration established in Section 53C-1-201. See Utah Code 63A-5b-102

(a)

Except as provided in this section, a capital development project may not be constructed on state property without legislative approval.

(b)	The division may authorize a capital development project on state property without legislative approval only as provided in this section.

(2)

(a)

Legislative approval is not required for a capital development project that consists of the design or construction of a new facility if:

(i)	the division determines that the requesting agency has provided adequate assurance that state funds will not be used for the design or construction of the facility;

(ii)

the agency provides to the division a written document, signed by the head of the agency:

(A)	stating that funding or a revenue stream is in place, or will be in place before the project is completed, to ensure that increased state funding will not be required to cover the cost of operations and maintenance for the resulting facility or for immediate or future capital improvements; and

(B)	detailing the source of the funding that will be used for the cost of operations and maintenance and for immediate and future capital improvements to the resulting facility; and

(iii)

the division determines that the use of the state property:

(A)	is appropriate and consistent with the master plan for the property; and

(B)	will not create an adverse impact on the state.

(b)

For a facility constructed without legislative approval under Subsection (2)(a), an agency may not request:

(i)	increased state funds for operations and maintenance; or

(ii)	increased state capital improvement funding.

(3)

Legislative approval is not required for:

(a)

a facility:

(i)	to be built with funds other than state funds and owned by an entity other than a state entity; and

(ii)	that is within a research park area at the University of Utah or Utah State University;

(b)	a facility to be built at This is the Place State Park by the This is the Place Foundation with funds of the This is the Place Foundation or with donated services or materials and that may include grant money from the state;

(c)

a project that:

(i)	is funded by the Uintah Basin Revitalization Fund or the Navajo Revitalization Fund; and

(ii)	does not provide a new facility for an agency or institution of higher education; or

(d)

a project on school and institutional trust lands that:

(i)	is funded by the trust lands administration from the Land Grant Management Fund; and

(ii)	does not fund construction of a new facility for an agency or institution of higher education.

(4)

(a)

Legislative approval is not required for a capital development project to be built for the Department of Transportation resulting from:

(i)	an exchange of real property under Section 72-5-111; or

(ii)

a sale or exchange of real property from a maintenance facility if the proceeds from the sale of the real property are used for, or the real property is exchanged for:

(A)	real property for another maintenance facility; or

(B)	another maintenance facility, including improvements for a maintenance facility.

(b)

If the Department of Transportation approves a sale or exchange under Subsection (4)(a) for a capital development project subject to the board’s approval, the Department of Transportation shall notify the president of the Senate, the speaker of the House of Representatives, and the cochairs of the Infrastructure and General Government Appropriations Subcommittee of the Legislature’s Joint Appropriations Committee about any new facilities to be built or improved.

Amended by Chapter 421, 2022 General Session

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