H.B. 153 Enrolled

UTAH DEPARTMENT OF TRANSPORTATION
MAINTENANCE SHEDS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Gerry A. Adair
AN ACT RELATING TO TRANSPORTATION AND ADMINISTRATIVE SERVICES;
AMENDING CERTAIN AUTHORITY RELATED TO THE EXCHANGES OF REAL
PROPERTY BY THE DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63A-5-206, as last amended by Chapters 225 and 285, Laws of Utah 1998
72-5-111, as renumbered and amended by Chapter 270, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63A-5-206 is amended to read:
63A-5-206. Construction, alteration, and repair of state facilities -- Powers of
director -- Exceptions -- Expenditure of appropriations.
(1) As used in this section:
(a) "Analysis" means an economic assessment of competing design and maintenance
alternatives, the object of which is to reduce cost and conserve energy.
(b) "Capital developments" means any:
(i) remodeling, site, or utility projects with a total cost of $1,000,000 or more;
(ii) addition of new space that will cost more than $100,000; or
(iii) land acquisition where an appropriation is requested.
(c) "Capital improvements" means any:
(i) remodeling, alteration, repair project with a total cost of less than $1,000,000; or
(ii) site and utility improvement with a total cost of less than $1,000,000.
(d) "Life cycle cost-effective" means the lowest cost of owning and operating a facility over
a 25-year period, including the initial cost, energy costs, operation and maintenance costs, repair

costs, and the costs of energy conservation and renewable energy systems.
(e) "Renewable energy system" means a system designed to use solar, wind, geothermal
power, wood, or other replenishable energy source to heat, cool, or provide electricity to a building.
(f) "State-owned facilities" means those facilities identified in Section 63A-5-212 .
(2) The director shall prepare or have prepared by private firms or individuals designs, plans,
and specifications for the various buildings and improvements, and other work carried out by the
division.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii) or (3)(a)(iii), and except for facilities
under the jurisdiction of the State Capitol Preservation Board, the director shall recommend the need
for and exercise direct supervision over the design and construction of all alterations, repairs, and
improvements to all existing facilities of the state, its departments, commissions, institutions, and
agencies if the total project construction cost is greater than $100,000.
(ii) The director may:
(A) authorize a department, commission, institution, or agency to control design and
construction of alterations, repairs, and improvements when the total project construction cost is
greater than $100,000 by following the delegation requirements and procedures of Subsection (3)(c);
or
(B) by rule, authorize a particular department, commission, institution, or agency to control
design and construction on projects within a particular dollar range and a particular project type.
(iii) (A) At the request of This is the Place Foundation, the director may authorize the
foundation to control design and construction of alterations, repairs, or improvements to facilities at
This is the Place State Park to be made with funds of the foundation, including grant monies from the
state, or with donated services or materials.
(B) If the foundation controls design and construction as provided in Subsection
(3)(a)(iii)(A), the alterations, repairs, or improvements are subject to plan review and inspection by
Salt Lake City for the purpose of assuring compliance with building codes.
(b) (i) Except for the placement or installation of works of art through Title 9, Chapter 6,
Part 4, Utah Percent-for-Art Act, or as provided in Subsection (3)(b)(ii), and except for facilities

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under the jurisdiction of the State Capitol Preservation Board, an existing facility may not be altered,
repaired, or improved on the property of any state institution, department, commission, or agency if
the total project construction cost exceeds $100,000 until the location, design, plans, and
specifications are approved by the director and the officials charged with the administration of the
affairs of the particular department, commission, institution, or agency.
(ii) Alterations, repairs, or improvements to facilities at This is the Place State Park to be
made by This is the Place Foundation with funds of the foundation, including grant monies from the
state, or with donated services or materials, are exempt from Subsection (3)(b)(i).
(c) (i) The director may delegate control over design, construction, and all other aspects of
any project to entities of state government on a project-by-project basis if the state entity requests
that delegation in writing and the State Building Board approves the delegation.
(ii) (A) The director, his designee, or the state entity to whom control has been designated
pursuant to Subsection (5)(c)(i) shall notify in writing the elected representatives of local government
entities directly and substantively affected by any diagnostic, treatment, parole, probation, or other
secured facility project exceeding $250,000, if:
(I) the nature of the project has been significantly altered since prior notification or approval;
(II) the project would significantly change the nature of the functions presently conducted
at the location;
(III) the project adds 50% or more square feet to the area of the facility; or
(IV) the project is new construction.
(B) At the request of either the state entity or the local government entity, representatives
from the state entity and the affected local entity shall conduct or participate in a local public hearing
or hearings to discuss these issues.
(iii) The state entity to whom control is delegated shall assume fiduciary control over project
finances, shall assume all responsibility for project budgets and expenditures, and shall receive all
funds appropriated for the project, including any contingency funds contained in the appropriated
project budget.
(iv) Delegation of project control does not exempt the state entity from complying with the

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codes and guidelines for design and construction adopted by the division and the State Building
Board.
(v) State entities that receive a delegated project may not have access to the building board
contingency funds authorized in Section 63A-5-209 for the delegated project.
(4) (a) The director shall ensure that state-owned facilities, except for facilities under the
control of the State Capitol Preservation Board, are life cycle cost effective.
(b) The estimated cost of the analysis shall be included in each program budget document and
in the project funding request submitted to the State Building Board, the governor, and the
Legislature.
(c) The final cost estimate shall reflect the most life cycle cost-effective building.
(d) The director, in consultation with the State Building Board and Division of Energy, shall
make rules to implement this subsection by following the procedures and requirements of Title 63,
Chapter 46a, Utah Administrative Rulemaking Act.
(e) The State Building Board may exempt a facility from being life cycle cost-effective
pursuant to rules, after reviewing and concurring with a written request and justification from the
director.
(5) (a) Except as provided in Subsection (5)(c) or (5)(d), and except for facilities constructed
on property under the jurisdiction of the State Capitol Preservation Board, the director shall
recommend the need for and exercise direct supervision over the design and construction of all new
facilities of the state, its departments, commissions, institutions, and agencies if the total project
construction cost is in excess of $100,000.
(b) (i) Except for the placement or installation of works of art under Title 9, Chapter 6, Part
4, Utah Percent-for-Art Act, or as provided in Subsection (5)(b)(ii), (5)(b)(iii), or (5)(b)(iv),
(5)(b)(v), and except for facilities constructed on property under the jurisdiction of the State Capitol
Preservation Board, a new facility may not be constructed on the property of any state department,
commission, institution, or agency if the total project construction cost of the facility, regardless of
the funding source, exceeds $100,000, until the construction of the facility has been approved by the
Legislature in an Appropriations Act or by other specific legislation, and the location, design, plans,

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and specifications are approved by the director and the official charged with the administration of the
affairs of the particular department, commission, institution, or agency.
(ii) Facilities to be built with nonstate funds and owned and occupied by nonstate entities
within research park areas are exempt from this Subsection (5)(b).
(iii) Facilities to be built for the Utah National Guard for which the funding for construction,
operations, and maintenance are derived totally from the United States Government are exempt from
the requirement of obtaining legislative approval required by this Subsection (5)(b).
(iv) New facilities to be built at This is the Place State Park by This is the Place Foundation
with funds of the foundation, including grant monies from the state, or with donated services or
materials, are exempt from Subsection (5)(b)(i).
(v) (A) New state-owned facilities to be built for the Department of Transportation as a result
of an exchange of real property under Section 72-5-111 , are exempt from the requirement of
obtaining legislative approval required by this Subsection (5)(b).
(B) The Department of Transportation shall notify the president of the Senate, the speaker
of the House, and the cochairs of the Capital Facilities and Administrative Services subcommittee of
the Legislature's Joint Appropriation Committee of any new facilities to be built under the exemption
in Subsection (5)(b)(v)(A).
(c) (i) The director may delegate control over design, construction, and all other aspects of
any project to entities of state government on a project-by-project basis if the state entity requests
that delegation in writing and the State Building Board approves the delegation.
(ii) The state entity to whom control is delegated shall assume fiduciary control over project
finances, shall assume all responsibility for project budgets and expenditures, and shall receive all
funds appropriated for the project, including any contingency funds contained in the appropriated
project budget.
(iii) Delegation of project control does not exempt the state entity from complying with the
codes and guidelines for design and construction adopted by the division and the State Building
Board.
(iv) State entities that receive a delegated project may not have access to the building board

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contingency funds authorized in Section 63A-5-209 for the delegated project.
(d) (i) At the request of This is the Place Foundation, the director may authorize the
foundation to control design and construction of any new facility at This is the Place State Park to
be built with funds of the foundation, including grant monies from the state, or with donated services
or materials.
(ii) If the foundation controls design and construction as provided in Subsection (5)(d)(i), the
new facility is subject to plan review and inspection by Salt Lake City for the purpose of assuring
compliance with building codes.
(6) The director may expend appropriations for statewide projects from funds provided by
the Legislature for those specific purposes and within guidelines established by the State Building
Board.
(7) (a) The director, with the approval of the Office of Legislative Fiscal Analyst, shall
develop standard forms to present capital development and capital improvement cost summary data.
(b) The director shall:
(i) within 30 days after the completion of each capital development project, submit cost
summary data for the project on the standard form to the Office of Legislative Fiscal Analyst; and
(ii) upon request, submit cost summary data for a capital improvement project to the Office
of Legislative Fiscal Analyst on the standard form.
(8) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures Act,
the director may:
(a) accelerate the design of projects funded by any appropriation act passed by the Legislature
in its annual general session;
(b) use any unencumbered existing account balances to fund that design work; and
(c) reimburse those account balances from the amount funded for those projects when the
appropriation act funding the project becomes effective.
Section 2. Section 72-5-111 is amended to read:
72-5-111. Disposal of real property.
(1) (a) If the department determines that any real property or interest in real property,

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acquired for a highway purpose, is no longer necessary for the purpose, the department may lease,
sell, exchange, or otherwise dispose of the real property or interest in the real property.
(b) (i) Real property may be sold at private or public sale [and].
(ii) Except as provided in Subsection (1)(c) related to exchanges, the proceeds of the sale
shall be [turned over to] deposited with the state treasurer and credited to the Transportation Fund.
(c) If approved by the commission, real property or an interest in real property may be
exchanged by the department for other real property or interest in real property, including
improvements, for highway purposes.
(2) In the disposition of land at any private sale, first consideration may be given to the
original grantor or his successor-in-interest.
(3) Any sale, exchange, or disposal of real property or interest in real property made by the
department pursuant to this section, is exempt from the mineral reservation provisions of Title 65A,
Chapter 6, Mineral Leases, and any deed made and delivered by the department pursuant to this
section without specific reservations in the deed is a conveyance of all the state's right, title, and
interest in the real property or interest in the real property.
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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