H.B. 103 Enrolled

STUDENT HOUSING BUILT BY HIGHER
EDUCATION INSTITUTIONS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen D. Clark
Senate Sponsor: Curtis S. Bramble

LONG TITLE
General Description:
This bill enacts provisions relating to student housing built by institutions of higher
education.
Highlighted Provisions:
This bill:
. requires the director of the Division of Facilities Construction and Management and
public and private institutions of higher education to provide notice to local
government before constructing student housing next to residential property; and
. provides for a public hearing about the proposed construction.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-5-206, as last amended by Chapters 216 and 231, Laws of Utah 2000
ENACTS:
10-9-109, Utah Code Annotated 1953
17-27-108, Utah Code Annotated 1953
53B-2-109, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-109 is enacted to read:
10-9-109. Notice to local government when a private institution of higher education
is constructing student housing.
(1) Each private institution of higher education that intends to construct student housing
on property owned by the institution shall provide written notice of the intended construction, as
provided in Subsection (2), before any funds are committed to the construction, if any of the
proposed student housing buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if
applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is
located; or
(b) the municipality in whose boundaries the privately owned residential property is
located.
(3) At the request of a county or municipality that is entitled to notice under this section,
the institution and the legislative body of the affected county or municipality shall jointly hold a
public hearing to provide information to the public and receive input from the public about the
proposed construction.
Section 2. Section 17-27-108 is enacted to read:
17-27-108. Notice to local government when constructing student housing.
(1) Each private institution of higher education that intends to construct student housing
on property owned by the institution shall provide written notice of the intended construction, as
provided in Subsection (2), before any funds are committed to the construction, if any of the
proposed student housing buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if
applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is
located; or

(b) the municipality in whose boundaries the privately owned residential property is
located.
(3) At the request of a county or municipality that is entitled to notice under this section,
the institution and the legislative body of the affected county or municipality shall jointly hold a
public hearing to provide information to the public and receive input from the public about the
proposed construction.
Section 3. Section 53B-2-109 is enacted to read:
53B-2-109. Notice to local government when constructing student housing.
(1) Each institution that intends to construct student housing on property owned by the
institution shall provide written notice of the intended construction, as provided in Subsection
(2), before any funds are committed to the construction, if any of the proposed student housing
buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if
applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is
located; or
(b) the municipality in whose boundaries the privately owned residential property is
located.
(3) (a) (i) Within 21 days after receiving the notice required by Subsection (1)(a), a
county or municipality entitled to the notice may submit a written request to the institution for a
public hearing on the proposed student housing construction.
(ii) Each county or municipality that submits a written request for a hearing under
Subsection (3)(a) shall deliver a copy of the request to the Division of Facilities Construction and
Management.
(b) If a county or municipality requests a hearing under Subsection (3)(a), the legislative
body of the affected county or municipality and the institution shall jointly hold a public hearing
to provide information to the public and to allow the institution and the county or municipality to
receive input from the public about the proposed student housing construction.

(c) A public hearing held under Subsection (3)(a) satisfies the public hearing requirement
of Subsection 63A-5-206 (13)(b) for the same proposed student housing construction.
Section 4. 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 -- Notification to local governments
for construction or modification of certain facilities.
(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" and "capital improvements" have the same meaning as
provided in Section 63A-5-104 .
(c) "Compliance agency" has the same meaning as provided in Subsection 58-56-3 (4).
(d) (i) "Facility" means any building, structure, or other improvement that is constructed
on property owned by the state, its departments, commissions, institutions, or agencies.
(ii) "Facility" does not mean an unoccupied structure that is a component of the state
highway system.
(e) "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.
(f) "Local government" means the county, municipality, or local school district that
would have jurisdiction to act as the compliance agency if the property on which the project is
being constructed were not owned by the state.
(g) "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.
(2) (a) Except as provided in Subsections (3) and (4), the director shall exercise direct
supervision over the design and construction of all new facilities, and all alterations, repairs, and
improvements to existing facilities if the total project construction cost, regardless of the funding

source, is greater than $100,000.
(b) The director shall prepare or have prepared by private firms or individuals designs,
plans, and specifications for the projects administered by the division.
(c) Before proceeding with construction, the director and the officials charged with the
administration of the affairs of the particular department, commission, institution, or agency
shall approve the location, design, plans, and specifications.
(3) Projects for the construction of new facilities and alterations, repairs, and
improvements to existing facilities are not subject to Subsection (2) if the project:
(a) occurs on property under the jurisdiction of the State Capitol Preservation Board;
(b) is within a designated research park at the University of Utah or Utah State
University;
(c) occurs within the boundaries of This is the Place State Park and is administered by
This is the Place Foundation except that This is the Place Foundation may request the director to
administer the design and construction; or
(d) is for the creation and installation of art under Title 9, Chapter 6, Part 4, Utah
Percent-for-Art Program.
(4) (a) (i) The State Building Board may authorize the delegation of control over design,
construction, and all other aspects of any project to entities of state government on a
project-by-project basis or for projects within a particular dollar range and a particular project
type.
(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 access, for the delegated

project, the division's statewide contingency reserve and project reserve authorized in Section
63A-5-209 .
(b) For facilities that will be owned, operated, maintained, and repaired by an entity that
is not a state agency or institution and that are located on state property, the State Building Board
may authorize the owner to administer the design and construction of the project instead of the
division.
(5) Notwithstanding any other provision of this section, if a donor donates land to an
eligible institution of higher education and commits to build a building or buildings on that land,
and the institution agrees to provide funds for the operations and maintenance costs from sources
other than state funds, and agrees that the building or buildings will not be eligible for state
capital improvement funding, the higher education institution may:
(a) oversee and manage the construction without involvement, oversight, or management
from the division; or
(b) arrange for management of the project by the division.
(6) (a) The role of compliance agency as provided in Title 58, Chapter 56, Utah Uniform
Building Standards Act, shall be provided by:
(i) the director, for projects administered by the division;
(ii) the entity designated by the State Capitol Preservation Board, for projects under
Subsection (3)(a);
(iii) the local government, for projects exempt from the division's administration under
Subsection (3)(b) or administered by This is the Place Foundation under Subsection (3)(c);
(iv) the state entity or local government designated by the State Building Board, for
projects under Subsection (4); or
(v) the institution, for projects exempt from the division's administration under
Subsection (5)(a).
(b) For the installation of art under Subsection (3)(d), the role of compliance agency shall
be provided by the entity that is acting in this capacity for the balance of the project as provided
in Subsection (6)(a).

(c) The local government acting as the compliance agency under Subsection (6)(a)(iii)
may:
(i) only review plans and inspect construction to enforce the building codes as adopted
by the Uniform Building Codes Commission; and
(ii) charge a building permit fee of no more than the amount it could have charged if the
land upon which the improvements are located were not owned by the state.
(d) (i) The use of state property and any improvements constructed on state property,
including improvements constructed by nonstate entities, is not subject to the zoning authority of
local governments as provided in Section 10-9-105 .
(ii) The state entity controlling the use of the state property shall consider any input
received from the local government in determining how the property shall be used.
(7) Before construction may begin, the director shall review the design of projects
exempted from the division's administration under Subsection (4) to determine if the design:
(a) complies with any restrictions placed on the project by the State Building Board; and
(b) is appropriate for the purpose and setting of the project.
(8) (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 State Building Board, in consultation with the director and the State Energy
Manager, shall make rules to implement this Subsection (8) 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.
(9) 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.
(10) (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.
(11) 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.
(12) (a) The director, his designee, or the state entity to whom control has been
designated under Subsection (4), 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;
(ii) the project would significantly change the nature of the functions presently conducted
at the location; or
(iii) 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.

(13) (a) (i) Before beginning the construction of student housing on property owned by
the state or a public institution of higher education, the director shall provide written notice of the
proposed construction, as provided in Subsection (13)(a)(ii), if any of the proposed student
housing buildings is within 300 feet of privately owned residential property.
(ii) Each notice under Subsection (13)(a)(i) shall be provided to the legislative body and,
if applicable, the mayor of:
(A) the county in whose unincorporated area the privately owned residential property is
located; or
(B) the municipality in whose boundaries the privately owned residential property is
located.
(b) (i) Within 21 days after receiving the notice required by Subsection (13)(a)(i), a
county or municipality entitled to the notice may submit a written request to the director for a
public hearing on the proposed student housing construction.
(b) If a county or municipality requests a hearing under Subsection (13)(b)(i), the director
and the county or municipality shall jointly hold a public hearing to provide information to the
public and to allow the director and the county or municipality to receive input from the public
about the proposed student housing construction.