H.B. 38

1

SUSTAINABILITY AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patrice M. Arent
5 Senate Sponsor: Ralph Okerlund
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 63J, Chapter 4, Governor's Office of Management and Budget.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . requires the governor to appoint a sustainability director, to serve within the
14 Governor's Office of Management and Budget;
15 . describes the duties of the sustainability director;
16 . requires the Governor's Office of Management and Budget to assist the
17 sustainability director; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63J-4-102 , as last amended by Laws of Utah 2013, Chapter 310
26 63J-4-202 , as last amended by Laws of Utah 2013, Chapters 12 and 310
27 63J-4-301 , as last amended by Laws of Utah 2013, Chapter 310

28 ENACTS:
29 63J-4-701 , Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63J-4-102 is amended to read:
33 63J-4-102. Definitions.
34 As used in this chapter:
35 (1) "Agency" means a board, commission, department, division, officer, council,
36 office, committee, bureau, or other administrative unit of the state, including the agency head,
37 agency employees, or other persons acting on behalf of or under the authority of the agency
38 head, the Legislature, the courts, or the governor, but does not mean a political subdivision of
39 the state, or any administrative unit of a political subdivision of the state.
40 [(1)] (2) "Committee" means the Resource Development Coordinating Committee
41 created by this chapter.
42 [(2)] (3) "Executive director" means the chief administrative officer of the Governor's
43 Office of Management and Budget appointed as provided in this chapter.
44 [(3)] (4) "Office" means the Governor's Office of Management and Budget created by
45 this chapter.
46 [(4)] (5) "Political subdivision" means a county, municipality, local district, special
47 service district, school district, interlocal cooperation agreement entity, or any administrative
48 subunit of them.
49 [(5)] (6) "State planning coordinator" means the person appointed as planning
50 coordinator as provided in this chapter.
51 Section 2. Section 63J-4-202 is amended to read:
52 63J-4-202. Appointment of executive director, state planning coordinator, and
53 inspector general of Medicaid Services.
54 (1) (a) The governor shall appoint, to serve at the governor's pleasure:
55 (i) an executive director of the Governor's Office of Management and Budget; [and]
56 (ii) a state planning coordinator[.]; and
57 (iii) a state sustainability director.
58 (b) The state planning coordinator [is] and state sustainability director are considered

59 part of the office for purposes of administration.
60 (2) The governor shall establish the executive director's salary within the salary range
61 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
62 Section 3. Section 63J-4-301 is amended to read:
63 63J-4-301. Duties of the executive director and office.
64 (1) The executive director and the office shall:
65 (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
66 Procedures Act;
67 (b) under the direct supervision of the governor, assist the governor in the preparation
68 of the governor's budget recommendations;
69 (c) advise the governor with regard to approval or revision of agency work programs as
70 specified in Section 63J-1-209 ;
71 (d) establish benchmarking practices for measuring operational costs, quality of
72 service, and effectiveness across all state agencies and programs;
73 (e) assist agencies with the development of an operational plan that uses continuous
74 improvement tools and operational metrics to increase statewide capacity and improve
75 interagency integration;
76 (f) review and assess agency budget requests and expenditures using a clear set of goals
77 and measures;
78 (g) develop and maintain enterprise portfolio and electronic information systems to
79 select and oversee the execution of projects, ensure a return on investment, and trace and report
80 performance metrics; [and]
81 (h) assist the sustainability director to fulfill the duties described in Section 63J-4-701 ;
82 and
83 [(h)] (i) perform other duties and responsibilities as assigned by the governor.
84 (2) (a) The executive director of the Governor's Office of Management and Budget or
85 the executive director's designee is the Federal Assistance Management Officer.
86 (b) In acting as the Federal Assistance Management Officer, the executive director or
87 designee shall:
88 (i) study the administration and effect of federal assistance programs in the state and
89 advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and

90 the Executive Appropriations Committee, of alternative recommended methods and procedures
91 for the administration of these programs;
92 (ii) assist in the coordination of federal assistance programs that involve or are
93 administered by more than one state agency; and
94 (iii) analyze and advise on applications for new federal assistance programs submitted
95 to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
96 Section 4. Section 63J-4-701 is enacted to read:
97 63J-4-701. Duties of the sustainability director.
98 The sustainability director shall:
99 (1) work with agencies to implement sustainability measures; and
100 (2) make an annual report on sustainability efforts to the Business and Labor and
101 Natural Resources, Agriculture, and Environment Interim Committees.




Legislative Review Note
as of 11-14-13 11:34 AM

Office of Legislative Research and General Counsel