1     
CAPITAL DEVELOPMENT AND CAPITAL IMPROVEMENT

2     
PROJECTS AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Brad R. Wilson

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the Utah Administrative Services Code by amending provisions
11     relating to capital development and capital improvement projects.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that if the construction of a new building or facility will require an
15     immediate or future increase in state funding for operations and maintenance or for
16     capital improvements, the Legislature may not authorize the new building or facility
17     until the Legislature appropriates certain funds;
18          ▸     increases the percentage of the replacement cost of existing state facilities and
19     infrastructure to capital improvements that the Legislature has to appropriate before
20     the Legislature may fund the design or construction of any new capital development
21     projects; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          63A-5-104, as last amended by Laws of Utah 2015, Chapter 297
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 63A-5-104 is amended to read:
33          63A-5-104. Definitions -- Capital development and capital improvement process
34     -- Approval requirements -- Limitations on new projects -- Emergencies.
35          (1) As used in this section:
36          (a) "Capital developments" means a:
37          (i) remodeling, site, or utility project with a total cost of $2,500,000 or more;
38          (ii) new facility with a construction cost of $500,000 or more; or
39          (iii) purchase of real property where an appropriation is requested to fund the purchase.
40          (b) "Capital improvements" means a:
41          (i) remodeling, alteration, replacement, or repair project with a total cost of less than
42     $2,500,000;
43          (ii) site and utility improvement with a total cost of less than $2,500,000; or
44          (iii) new facility with a total construction cost of less than $500,000.
45          (c) (i) "New facility" means the construction of a new building on state property
46     regardless of funding source.
47          (ii) "New facility" includes:
48          (A) an addition to an existing building; and
49          (B) the enclosure of space that was not previously fully enclosed.
50          (iii) "New facility" does not mean:
51          (A) the replacement of state-owned space that is demolished or that is otherwise
52     removed from state use, if the total construction cost of the replacement space is less than
53     $2,500,000; or
54          (B) the construction of facilities that do not fully enclose a space.
55          (d) "Replacement cost of existing state facilities and infrastructure" means the
56     replacement cost, as determined by the Division of Risk Management, of state facilities,
57     excluding auxiliary facilities as defined by the State Building Board and the replacement cost
58     of infrastructure as defined by the State Building Board.

59          (e) "State funds" means public money appropriated by the Legislature.
60          (2) (a) The State Building Board, on behalf of all state agencies, commissions,
61     departments, and institutions shall submit its capital development recommendations and
62     priorities to the Legislature for approval and prioritization.
63          (b) In developing the State Building Board's capital development recommendations and
64     priorities, the State Building Board shall:
65          (i) require each state agency, commission, department, or institution requesting an
66     appropriation for a capital development project to complete a study that demonstrates the
67     feasibility of the capital development project, including:
68          (A) the need for the capital development project;
69          (B) the appropriateness of the scope of the capital development project;
70          (C) any private funding for the capital development project; and
71          (D) the economic and community impacts of the capital development project; and
72          (ii) verify the completion and accuracy of the feasibility study described in Subsection
73     (2)(b)(i).
74          (3) (a) Except as provided in Subsections (3)(b), (d), and (e), a capital development
75     project may not be constructed on state property without legislative approval.
76          (b) Legislative approval is not required for a capital development project that consists
77     of the design or construction of a new facility if the State Building Board determines that:
78          (i) the requesting state agency, commission, department, or institution has provided
79     adequate assurance that:
80          (A) state funds will not be used for the design or construction of the facility; and
81          (B) the state agency, commission, department, or institution has a plan for funding in
82     place that will not require increased state funding to cover the cost of operations and
83     maintenance to, or state funding for, immediate or future capital improvements to the resulting
84     facility; and
85          (ii) the use of the state property is:
86          (A) appropriate and consistent with the master plan for the property; and
87          (B) will not create an adverse impact on the state.
88          (c) (i) The Division of Facilities Construction and Management shall maintain a record
89     of facilities constructed under the exemption provided in Subsection (3)(b).

90          (ii) For facilities constructed under the exemption provided in Subsection (3)(b), a state
91     agency, commission, department, or institution may not request:
92          (A) increased state funds for operations and maintenance; or
93          (B) state capital improvement funding.
94          (d) Legislative approval is not required for:
95          (i) the renovation, remodeling, or retrofitting of an existing facility with nonstate funds
96     that has been approved by the State Building Board;
97          (ii) a facility to be built with nonstate funds and owned by nonstate entities within
98     research park areas at the University of Utah and Utah State University;
99          (iii) a facility to be built at This is the Place State Park by This is the Place Foundation
100     with funds of the foundation, including grant money from the state, or with donated services or
101     materials;
102          (iv) a capital project that:
103          (A) is funded by:
104          (I) the Uintah Basin Revitalization Fund; or
105          (II) the Navajo Revitalization Fund; and
106          (B) does not provide a new facility for a state agency or higher education institution; or
107          (v) a capital project on school and institutional trust lands that is funded by the School
108     and Institutional Trust Lands Administration from the Land Grant Management Fund and that
109     does not fund construction of a new facility for a state agency or higher education institution.
110          (e) (i) Legislative approval is not required for capital development projects to be built
111     for the Department of Transportation:
112          (A) as a result of an exchange of real property under Section 72-5-111; or
113          (B) as a result of a sale or exchange of real property from a maintenance facility if the
114     real property is exchanged for, or the proceeds from the sale of the real property are used for,
115     another maintenance facility, including improvements for a maintenance facility and real
116     property.
117          (ii) When the Department of Transportation approves a sale or exchange under
118     Subsection (3)(e), it shall notify the president of the Senate, the speaker of the House, and the
119     cochairs of the Infrastructure and General Government Appropriations Subcommittee of the
120     Legislature's Joint Appropriation Committee about any new facilities to be built or improved

121     under this exemption.
122          (4) (a) (i) The State Building Board, on behalf of all state agencies, commissions,
123     departments, and institutions shall by January 15 of each year, submit a list of anticipated
124     capital improvement requirements to the Legislature for review and approval.
125          (ii) The list shall identify:
126          (A) a single project that costs more than $1,000,000;
127          (B) multiple projects within a single building or facility that collectively cost more than
128     $1,000,000;
129          (C) a single project that will be constructed over multiple years with a yearly cost of
130     $1,000,000 or more and an aggregate cost of more than $2,500,000;
131          (D) multiple projects within a single building or facility with a yearly cost of
132     $1,000,000 or more and an aggregate cost of more than $2,500,000;
133          (E) a single project previously reported to the Legislature as a capital improvement
134     project under $1,000,000 that, because of an increase in costs or scope of work, will now cost
135     more than $1,000,000; and
136          (F) multiple projects within a single building or facility previously reported to the
137     Legislature as a capital improvement project under $1,000,000 that, because of an increase in
138     costs or scope of work, will now cost more than $1,000,000.
139          (b) Unless otherwise directed by the Legislature, the State Building Board shall
140     prioritize capital improvements from the list submitted to the Legislature up to the level of
141     appropriation made by the Legislature.
142          (c) In prioritizing capital improvements, the State Building Board shall consider the
143     results of facility evaluations completed by an architect/engineer as stipulated by the building
144     board's facilities maintenance standards.
145          (d) Beginning on July 1, 2013, in prioritizing capital improvements, the State Building
146     Board shall allocate at least 80% of the funds that the Legislature appropriates for capital
147     improvements to:
148          (i) projects that address:
149          (A) a structural issue;
150          (B) fire safety;
151          (C) a code violation; or

152          (D) any issue that impacts health and safety;
153          (ii) projects that upgrade:
154          (A) an HVAC system;
155          (B) an electrical system;
156          (C) essential equipment;
157          (D) an essential building component; or
158          (E) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof,
159     parking lot, or road; or
160          (iii) projects that demolish and replace an existing building that is in extensive
161     disrepair and cannot be fixed by repair or maintenance.
162          (e) Beginning on July 1, 2013, in prioritizing capital improvements, the State Building
163     Board shall allocate no more than 20% of the funds that the Legislature appropriates for capital
164     improvements to:
165          (i) remodeling and aesthetic upgrades to meet state programmatic needs; or
166          (ii) construct an addition to an existing building or facility.
167          (f) The State Building Board may require an entity that benefits from a capital
168     improvement project to repay the capital improvement funds from savings that result from the
169     project.
170          (g) The State Building Board may provide capital improvement funding to a single
171     project, or to multiple projects within a single building or facility, even if the total cost of the
172     project or multiple projects is $2,500,000 or more, if:
173          (i) the capital improvement project or multiple projects require more than one year to
174     complete; and
175          (ii) the Legislature has affirmatively authorized the capital improvement project or
176     multiple projects to be funded in phases.
177          (h) In prioritizing and allocating capital improvement funding, the State Building
178     Board shall comply with the requirement in Subsection 63B-23-101(2)(f).
179          (5) The Legislature may authorize:
180          (a) the total square feet to be occupied by each state agency; and
181          (b) the total square feet and total cost of lease space for each agency.
182          (6) If construction of a new building or facility [will be paid for by nonstate funds, but]

183     will require an immediate or future increase in state funding for operations and maintenance or
184     for capital improvements, the Legislature may not authorize the new building or facility until
185     the Legislature appropriates funds for:
186          (a) the portion of operations and maintenance, if any, that will require an immediate or
187     future increase in state funding; and
188          (b) the portion of capital improvements, if any, that will require an immediate or future
189     increase in state funding.
190          (7) (a) Except as provided in Subsection (7)(b) [or (c)], the Legislature may not fund
191     the design or construction of any new capital development projects, except to complete the
192     funding of projects for which partial funding has been previously provided, until the
193     Legislature has appropriated [1.1%] 1.5% of the replacement cost of existing state facilities and
194     infrastructure to capital improvements.
195          (b) (i) As used in this Subsection (7)(b):
196          (A) "Education Fund budget deficit" is as defined in Section 63J-1-312; and
197          (B) "General Fund budget deficit" is as defined in Section 63J-1-312.
198          (ii) If the Legislature determines that an Education Fund budget deficit or a General
199     Fund budget deficit exists, the Legislature may, in eliminating the deficit, reduce the amount
200     appropriated to capital improvements to 0.9% of the replacement cost of state buildings and
201     infrastructure.
202          [(c) (i) The requirements under Subsections (6)(a) and (b) do not apply to the 2008-09,
203     2009-10, 2010-11, 2011-12, and 2012-13 fiscal years.]
204          [(ii) For the 2013-14 fiscal year, the amount appropriated to capital improvements shall
205     be reduced to 0.9% of the replacement cost of state facilities.]
206          (8) It is the policy of the Legislature that a new building or facility be approved and
207     funded for construction in a single budget action, therefore the Legislature may not fund the
208     programming, design, and construction of a new building or facility in phases over more than
209     one year unless the Legislature has approved each phase of the funding for the construction of
210     the new building or facility by the affirmative vote of two-thirds of all the members elected to
211     each house.
212          (9) (a) If, after approval of capital development and capital improvement priorities by
213     the Legislature under this section, emergencies arise that create unforeseen critical capital

214     improvement projects, the State Building Board may, notwithstanding the requirements of Title
215     63J, Chapter 1, Budgetary Procedures Act, reallocate capital improvement funds to address
216     those projects.
217          (b) The State Building Board shall report any changes it makes in capital improvement
218     allocations approved by the Legislature to:
219          (i) the Office of Legislative Fiscal Analyst within 30 days of the reallocation; and
220          (ii) the Legislature at its next annual general session.
221          (10) (a) The State Building Board may adopt a rule allocating to institutions and
222     agencies their proportionate share of capital improvement funding.
223          (b) The State Building Board shall ensure that the rule:
224          (i) reserves funds for the Division of Facilities Construction and Management for
225     emergency projects; and
226          (ii) allows the delegation of projects to some institutions and agencies with the
227     requirement that a report of expenditures will be filed annually with the Division of Facilities
228     Construction and Management and appropriate governing bodies.
229          (11) It is the intent of the Legislature that in funding capital improvement requirements
230     under this section the General Fund be considered as a funding source for at least half of those
231     costs.
232          (12) (a) Subject to Subsection (12)(b), at least 80% of the state funds appropriated for
233     capital improvements shall be used for maintenance or repair of the existing building or
234     facility.
235          (b) The State Building Board may modify the requirement described in Subsection
236     (12)(a) if the State Building Board determines that a different allocation of capital
237     improvements funds is in the best interest of the state.






Legislative Review Note
Office of Legislative Research and General Counsel