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H.B. 328 Enrolled
LONG TITLE
General Description:
This bill authorizes certain state agencies and higher education institutions to issue
revenue bonds, to enter lease-purchase agreements, or to build capital facilities using
agency or institutional funds.
Highlighted Provisions:
This bill:
. authorizes the issuance of revenue bonds by the State Building Ownership Authority
and higher education institutions;
. authorizes certain state entities to enter into lease-purchase agreements; and
. authorizes other capital facility construction from agency or institutional funds.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63B-13-201, Utah Code Annotated 1953
63B-13-202, Utah Code Annotated 1953
63B-13-301, Utah Code Annotated 1953
63B-13-401, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63B-13-201 is enacted to read:
63B-13-201. Revenue bond authorizations -- State Building Ownership Authority.
(1) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Act, may issue or
execute obligations, or enter into or arrange for a lease purchase agreement in which participation
interests may be created, to provide up to $8,205,000 for the acquisition and construction of five
stores for the Department of Alcoholic Beverage Control, together with additional amounts
necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve
requirements.
(b) It is the intent of the Legislature that the stores to be addressed through this
authorization are:
(i) a new Park City store;
(ii) replacement of the Mount Olympus store;
(iii) replacement of the Ogden City 2nd Street store;
(iv) replacement of the Ogden Patterson Street store; and
(v) expansion of the Provo store.
(c) It is the intent of the Legislature that proceeds from the sale of stores replaced
through this authorization shall be deposited in the General Fund.
(d) It is further the intent of the Legislature that increased sales revenues be used as the
primary revenue source for repayment of any obligation created under authority of this Subsection
(1).
(2) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may
issue or execute obligations, or enter into or arrange for a lease purchase agreement in which
participation interests may be created, to provide up to $8,914,000 for the acquisition and
construction of a new regional office building in Ogden, together with additional amounts
necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve
requirements.
(b) It is further the intent of the Legislature that existing rent budgets be used as the
primary revenue source for repayment of any obligation created under authority of this Subsection
(2).
(3) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may
issue or execute obligations, or enter into or arrange for a lease-purchase agreement in which
participation interests may be created, to provide up to $1,450,000 for the acquisition of the
leased regional office building and adjacent land in Moab, together with additional amounts
necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve
requirements.
(b) It is further the intent of the Legislature that existing rent budgets be used as the
primary revenue source for repayment of any obligation created under authority of this Subsection
(3).
(4) (a) It is the intent of the Legislature that the State Building Ownership Authority,
under the authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, may
issue or execute obligations, or enter into or arrange for a lease-purchase agreement in which
participation interests may be created, to provide up to $7,103,000 for the acquisition of the
Tooele Courts building and adjacent land in Tooele City, together with additional amounts
necessary to pay costs of issuance, pay capitalized interest, and fund any debt service reserve
requirements.
(b) It is further the intent of the Legislature that court fees be used as the primary revenue
source for repayment of any obligation created under authority of this Subsection (4).
Section 2. Section 63B-13-202 is enacted to read:
63B-13-202. Revenue Bond Authorizations -- Board of Regents.
(1) It is the intent of the Legislature that:
(a) the Board of Regents may issue, sell, and deliver revenue bonds or other evidences of
indebtedness of the Board of Regents to borrow money on the credit, revenues, and reserves of
the Higher Education Student Loan Program, to finance the cost of acquiring, furnishing, and
equipping office space;
(b) funds within the Board of Regents' budget that would otherwise be expended for rent
be used as the primary revenue source for repayment of any obligation created under authority of
this Subsection (1);
(c) the bonds or other evidences of indebtedness authorized by this Subsection (1) may
provide up to $3,600,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements; and
(d) the Board of Regents may not request an increase, beyond that resulting from
inflation, in state funds for operations and maintenance of the facility acquired under this
authorization.
(2) It is the intent of the Legislature that:
(a) the Board of Regents, on behalf of Utah State University, may issue, sell, and deliver
revenue bonds or other evidences of indebtedness of Utah State University to borrow money on
the credit, revenues, and reserves of Utah State University, other than appropriations of the
Legislature, to finance the cost of acquiring, constructing, furnishing, and equipping a Student
Living and Learning Community and a parking terrace;
(b) student housing revenues, parking revenues, and other auxiliary revenues be used as
the primary revenue source for repayment of any obligation created under authority of this
Subsection (2);
(c) the bonds or other evidences of indebtedness authorized by this Subsection (2) may
provide up to $35,500,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements; and
(d) the university may not request state funds for operations and maintenance.
(3) It is the intent of the Legislature that:
(a) the Board of Regents, on behalf of Utah State University, may issue, sell, and deliver
revenue bonds or other evidences of indebtedness of Utah State University to borrow money on
the credit, revenues, and reserves of Utah State University, other than appropriations of the
Legislature, to finance the cost of acquiring, constructing, furnishing, and equipping a renovation
of Romney Stadium and expansion of the Nelson Fieldhouse, and to repay an internal debt for the
purchase of the Student Wellness Center;
(b) student fees be used as the primary revenue source for repayment of any obligation
created under authority of this Subsection (3);
(c) the bonds or other evidences of indebtedness authorized by this Subsection (3) may
provide up to $10,000,000, together with other amounts necessary to pay costs of issuance, pay
capitalized interest, and fund any debt service reserve requirements; and
(d) the university may not request state funds for operations and maintenance.
Section 3. Section 63B-13-301 is enacted to read:
63B-13-301. Lease-purchase authorizations.
(1) It is the intent of the Legislature that the Mountainland Applied Technology Campus
of the Utah College of Applied Technology may use existing funds to enter into a lease-purchase
agreement with Alpine School District for the acquisition of the Pacific Avenue Applied
Technology Facility costing up to $2,900,000.
(2) It is further the intent of the Legislature that a lease may not be executed until the
State Building Board has determined that the lease-purchase option is less costly to the state than
the current lease.
Section 4. Section 63B-13-401 is enacted to read:
63B-13-401. Authorizations to Construct Capital Facilities using institutional or
agency funds.
(1) It is the intent of the Legislature that:
(a) the University of Utah may use federal grants, research funds, and other institutional
funds to plan, design, and construct a Department of Chemistry Gauss Haus under the direction of
the director of the Division of Facilities Construction and Management unless supervisory
authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(2) It is the intent of the Legislature that:
(a) the University of Utah use donations and other institutional funds to plan, design, and
construct a College of Health Academic Facility under the direction of the director of the Division
of Facilities Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(3) It is the intent of the Legislature that:
(a) the University of Utah use donations and other institutional funds to plan, design, and
construct a Geology and Geophysics Building and parking terrace under the direction of the
director of the Division of Facilities Construction and Management unless supervisory authority
has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may request state funds for operations and maintenance to the extent
that the university is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
(4) It is the intent of the Legislature that:
(a) Utah State University use donations, federal grants, and other institutional funds to
plan, design, and construct a Child Care Facility under the direction of the director of the Division
of Facilities Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(5) It is the intent of the Legislature that:
(a) Utah State University use donations and other institutional funds to plan, design, and
construct a replacement Team Building at Romney Stadium under the direction of the director of
the Division of Facilities Construction and Management unless supervisory authority has been
delegated;
(b) no state funds be used for any portion of this project; and
(c) the university may not request state funds for operations and maintenance.
(6) It is the intent of the Legislature that Utah State University use up to $200,000 of
excess funds in its Contingency Reserve from state funded projects to increase the capacity of its
chilled water plant.
(7) It is the intent of the Legislature that:
(a) the Utah College of Applied Technology use donations to plan, design, and construct
an Entrepreneurial Building at the Davis ATC campus under the direction of the director of the
Division of Facilities Construction and Management unless supervisory authority has been
delegated;
(b) no state funds be used for any portion of this project; and
(c) the college may not request state funds for operations and maintenance.
(8) It is the intent of the Legislature that:
(a) the Utah College of Applied Technology use donations, grants from the Community
Impact Board, and existing reserves to plan, design, and construct a technology building at the
Blanding campus of the Southeast ATC under the direction of the director of the Division of
Facilities Construction and Management unless supervisory authority has been delegated; and
(b) the college may request state funds for operations and maintenance.
(9) (a) It is the intent of the Legislature that the Department of Workforce Services use
up to $2,801,000 from its Special Administrative Expense Fund to plan, design, and construct an
Employment Center in Logan under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority is delegated.
(b) It is the intent of the Legislature that, if agreement is reached to acquire a site from
Cache County or Logan City for the project, the Division of Facilities Construction and
Management may sell or exchange the currently-owned Workforce Services property and apply
the proceeds to the acquisition of the site and towards the cost of the project.
(10) It is the intent of the Legislature that the Department of Natural Resources use up to
$250,000 of the existing balance in its Wildlife Resources Trust Account to purchase property in
Price to be used for a future office complex for the Department of Natural Resources.
(11) It is the intent of the Legislature that:
(a) the Utah National Guard use federal funds to plan, design, and construct a Total Army
School System (TASS) Barracks at Camp Williams under the direction of the director of the
Division of Facilities Construction and Management unless supervisory authority has been
delegated;
(b) no state funds be used for any portion of this project; and
(c) the National Guard may not request state funds for operations and maintenance.
(12) It is the intent of the Legislature that:
(a) the Utah National Guard use federal funds to plan, design, and construct a Readiness
Center at Camp Williams under the direction of the director of the Division of Facilities
Construction and Management unless supervisory authority has been delegated;
(b) no state funds be used for any portion of this project; and
(c) the National Guard may request state funds for operations and maintenance.
(13) It is the intent of the Legislature that:
(a) the Department of Public Safety, the Department of Corrections, and Salt Lake
Community College use donations, federal funds, and other non-appropriated funds to plan,
design, and construct a Western Regional Public Safety Education and Training Center under the
direction of the director of the Division of Facilities Construction and Management unless
supervisory authority has been delegated or the construction of the project is otherwise exempt
from the director's oversight;
(b) no state funds be used for any portion of this project other than planning and design;
(c) the Department of Public Safety and the Department of Corrections may request state
funds for operations and maintenance; and
(d) the college may request state funds for operations and maintenance to the extent that
the college is able to demonstrate to the Board of Regents that the facility meets approved
academic and training purposes under Board of Regents policy R710.
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