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H.B. 153

             1     

UTAH DEPARTMENT OF TRANSPORTATION

             2     
MAINTENANCE SHEDS

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Gerry A. Adair

             6      AN ACT RELATING TO TRANSPORTATION AND ADMINISTRATIVE SERVICES;
             7      AMENDING CERTAIN AUTHORITY RELATED TO THE EXCHANGES OF REAL
             8      PROPERTY BY THE DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN
             9      EFFECTIVE DATE.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          63A-5-206, as last amended by Chapters 225 and 285, Laws of Utah 1998
             13          72-5-111, as renumbered and amended by Chapter 270, Laws of Utah 1998
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 63A-5-206 is amended to read:
             16           63A-5-206. Construction, alteration, and repair of state facilities -- Powers of
             17      director -- Exceptions -- Expenditure of appropriations.
             18          (1) As used in this section:
             19          (a) "Analysis" means an economic assessment of competing design and maintenance
             20      alternatives, the object of which is to reduce cost and conserve energy.
             21          (b) "Capital developments" means any:
             22          (i) remodeling, site, or utility projects with a total cost of $1,000,000 or more;
             23          (ii) addition of new space that will cost more than $100,000; or
             24          (iii) land acquisition where an appropriation is requested.
             25          (c) "Capital improvements" means any:
             26          (i) remodeling, alteration, repair project with a total cost of less than $1,000,000; or
             27          (ii) site and utility improvement with a total cost of less than $1,000,000.


             28          (d) "Life cycle cost-effective" means the lowest cost of owning and operating a facility
             29      over a 25-year period, including the initial cost, energy costs, operation and maintenance costs,
             30      repair costs, and the costs of energy conservation and renewable energy systems.
             31          (e) "Renewable energy system" means a system designed to use solar, wind, geothermal
             32      power, wood, or other replenishable energy source to heat, cool, or provide electricity to a
             33      building.
             34          (f) "State-owned facilities" means those facilities identified in Section 63A-5-212 .
             35          (2) The director shall prepare or have prepared by private firms or individuals designs,
             36      plans, and specifications for the various buildings and improvements, and other work carried out
             37      by the division.
             38          (3) (a) (i) Except as provided in Subsection (3)(a)(ii) or (3)(a)(iii), and except for facilities
             39      under the jurisdiction of the State Capitol Preservation Board, the director shall recommend the
             40      need for and exercise direct supervision over the design and construction of all alterations, repairs,
             41      and improvements to all existing facilities of the state, its departments, commissions, institutions,
             42      and agencies if the total project construction cost is greater than $100,000.
             43          (ii) The director may:
             44          (A) authorize a department, commission, institution, or agency to control design and
             45      construction of alterations, repairs, and improvements when the total project construction cost is
             46      greater than $100,000 by following the delegation requirements and procedures of Subsection
             47      (3)(c); or
             48          (B) by rule, authorize a particular department, commission, institution, or agency to control
             49      design and construction on projects within a particular dollar range and a particular project type.
             50          (iii) (A) At the request of This is the Place Foundation, the director may authorize the
             51      foundation to control design and construction of alterations, repairs, or improvements to facilities
             52      at This is the Place State Park to be made with funds of the foundation, including grant monies
             53      from the state, or with donated services or materials.
             54          (B) If the foundation controls design and construction as provided in Subsection
             55      (3)(a)(iii)(A), the alterations, repairs, or improvements are subject to plan review and inspection
             56      by Salt Lake City for the purpose of assuring compliance with building codes.
             57          (b) (i) Except for the placement or installation of works of art through Title 9, Chapter 6,
             58      Part 4, Utah Percent-for-Art Act, or as provided in Subsection (3)(b)(ii), and except for facilities


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


             90          (v) State entities that receive a delegated project may not have access to the building board
             91      contingency funds authorized in Section 63A-5-209 for the delegated project.
             92          (4) (a) The director shall ensure that state-owned facilities, except for facilities under the
             93      control of the State Capitol Preservation Board, are life cycle cost effective.
             94          (b) The estimated cost of the analysis shall be included in each program budget document
             95      and in the project funding request submitted to the State Building Board, the governor, and the
             96      Legislature.
             97          (c) The final cost estimate shall reflect the most life cycle cost-effective building.
             98          (d) The director, in consultation with the State Building Board and Division of Energy,
             99      shall make rules to implement this subsection by following the procedures and requirements of
             100      Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
             101          (e) The State Building Board may exempt a facility from being life cycle cost-effective
             102      pursuant to rules, after reviewing and concurring with a written request and justification from the
             103      director.
             104          (5) (a) Except as provided in Subsection (5)(c) or (5)(d), and except for facilities
             105      constructed on property under the jurisdiction of the State Capitol Preservation Board, the director
             106      shall recommend the need for and exercise direct supervision over the design and construction of
             107      all new facilities of the state, its departments, commissions, institutions, and agencies if the total
             108      project construction cost is in excess of $100,000.
             109          (b) (i) Except for the placement or installation of works of art under Title 9, Chapter 6,
             110      Part 4, Utah Percent-for-Art Act, or as provided in Subsection (5)(b)(ii), (5)(b)(iii), or (5)(b)(iv),
             111      (5)(b)(v), and except for facilities constructed on property under the jurisdiction of the State
             112      Capitol Preservation Board, a new facility may not be constructed on the property of any state
             113      department, commission, institution, or agency if the total project construction cost of the facility,
             114      regardless of the funding source, exceeds $100,000, until the construction of the facility has been
             115      approved by the Legislature in an Appropriations Act or by other specific legislation, and the
             116      location, design, plans, and specifications are approved by the director and the official charged
             117      with the administration of the affairs of the particular department, commission, institution, or
             118      agency.
             119          (ii) Facilities to be built with nonstate funds and owned and occupied by nonstate entities
             120      within research park areas are exempt from this Subsection (5)(b).


             121          (iii) Facilities to be built for the Utah National Guard for which the funding for
             122      construction, operations, and maintenance are derived totally from the United States Government
             123      are exempt from the requirement of obtaining legislative approval required by this Subsection
             124      (5)(b).
             125          (iv) New facilities to be built at This is the Place State Park by This is the Place
             126      Foundation with funds of the foundation, including grant monies from the state, or with donated
             127      services or materials, are exempt from Subsection (5)(b)(i).
             128          (v) h (A) h New state-owned facilities to be built for the Department of Transportation as a
             128a      result
             129      of an exchange of real property under Section 72-5-111 , are exempt from the requirement of
             130      obtaining legislative approval required by this Subsection (5)(b).
             130a           h (B) THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY THE PRESIDENT OF THE
             130b      SENATE, THE SPEAKER OF THE HOUSE, AND THE CO-CHAIRS OF THE CAPITAL FACILITIES AND
             130c      ADMINISTRATIVE SERVICES SUBCOMMITTEE OF THE LEGISLATURE'S JOINT APPROPRIATION
             130d      COMMITTEE OF ANY NEW FACILITIES TO BE BUILT UNDER THE EXEMPTION IN SUBSECTION
             130e      (5)(b)(v)(A). h
             131          (c) (i) The director may delegate control over design, construction, and all other aspects
             132      of any project to entities of state government on a project-by-project basis if the state entity
             133      requests that delegation in writing and the State Building Board approves the delegation.
             134          (ii) The state entity to whom control is delegated shall assume fiduciary control over
             135      project finances, shall assume all responsibility for project budgets and expenditures, and shall
             136      receive all funds appropriated for the project, including any contingency funds contained in the
             137      appropriated project budget.
             138          (iii) Delegation of project control does not exempt the state entity from complying with
             139      the codes and guidelines for design and construction adopted by the division and the State Building
             140      Board.
             141          (iv) State entities that receive a delegated project may not have access to the building board
             142      contingency funds authorized in Section 63A-5-209 for the delegated project.
             143          (d) (i) At the request of This is the Place Foundation, the director may authorize the
             144      foundation to control design and construction of any new facility at This is the Place State Park
             145      to be built with funds of the foundation, including grant monies from the state, or with donated
             146      services or materials.
             147          (ii) If the foundation controls design and construction as provided in Subsection (5)(d)(i),
             148      the new facility is subject to plan review and inspection by Salt Lake City for the purpose of
             149      assuring compliance with building codes.
             150          (6) The director may expend appropriations for statewide projects from funds provided by
             151      the Legislature for those specific purposes and within guidelines established by the State Building


             152      Board.
             153          (7) (a) The director, with the approval of the Office of Legislative Fiscal Analyst, shall
             154      develop standard forms to present capital development and capital improvement cost summary
             155      data.
             156          (b) The director shall:
             157          (i) within 30 days after the completion of each capital development project, submit cost
             158      summary data for the project on the standard form to the Office of Legislative Fiscal Analyst; and
             159          (ii) upon request, submit cost summary data for a capital improvement project to the Office
             160      of Legislative Fiscal Analyst on the standard form.
             161          (8) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures Act,
             162      the director may:
             163          (a) accelerate the design of projects funded by any appropriation act passed by the
             164      Legislature in its annual general session;
             165          (b) use any unencumbered existing account balances to fund that design work; and
             166          (c) reimburse those account balances from the amount funded for those projects when the
             167      appropriation act funding the project becomes effective.
             168          Section 2. Section 72-5-111 is amended to read:
             169           72-5-111. Disposal of real property.
             170          (1) (a) If the department determines that any real property or interest in real property,
             171      acquired for a highway purpose, is no longer necessary for the purpose, the department may lease,
             172      sell, exchange, or otherwise dispose of the real property or interest in the real property.
             173          (b) (i) Real property may be sold at private or public sale [and].
             174          (ii) Except as provided in Subsection (1)(c) related to exchanges, the proceeds of the sale
             175      shall be [turned over to] deposited with the state treasurer and credited to the Transportation Fund.
             176          (c) If approved by the commission, real property or an interest in real property may be
             177      exchanged by the department for other real property or interest in real property, including
             178      improvements, for highway purposes.
             179          (2) In the disposition of land at any private sale, first consideration may be given to the
             180      original grantor or his successor-in-interest.
             181          (3) Any sale, exchange, or disposal of real property or interest in real property made by the
             182      department pursuant to this section, is exempt from the mineral reservation provisions of Title


             183      65A, Chapter 6, Mineral Leases, and any deed made and delivered by the department pursuant to
             184      this section without specific reservations in the deed is a conveyance of all the state's right, title,
             185      and interest in the real property or interest in the real property.
             186          Section 3. Effective date.
             187          If approved by two-thirds of all the members elected to each house, this act takes effect
             188      upon approval by the governor, or the day following the constitutional time limit of Utah
             189      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
             190      date of veto override.




Legislative Review Note
    as of 1-7-00 4:39 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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