This document includes House Committee Amendments incorporated into the bill on Mon, Feb 27, 2017 at 12:04 PM by ryoung.
1     
STATE FACILITIES AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses provisions related to the State Building Board.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides for the appointment of a director of the State Building Board;
14          ▸     modifies the State Building Board's rulemaking authority;
15          ▸     exempts facility programming from certain appropriations requirements; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          63A-5-101, as last amended by Laws of Utah 2013, Chapter 310
24          63A-5-103, as last amended by Laws of Utah 2016, Chapter 298
25          63A-5-104, as last amended by Laws of Utah 2016, Chapter 298
26     ENACTS:
27          63A-5-100, Utah Code Annotated 1953
28          63A-5-101.5, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 63A-5-100 is enacted to read:
32          63A-5-100. Definitions.
33          As used in this part, "board" means the State Building Board created under Section
34     63A-5-101.
35          Section 2. Section 63A-5-101 is amended to read:
36          63A-5-101. Creation.
37          (1) [(a)] There is created [a] within the department the State Building Board [composed
38     of eight members, seven of whom shall be appointed by the governor for terms of four years].
39          [(b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
40     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
41     board members are staggered so that approximately half of the board is appointed every two
42     years.]
43          [(2) When a vacancy occurs in the membership for any reason, the replacement shall be
44     appointed for the unexpired term.]
45          [(3) The executive director of the Governor's Office of Management and Budget or the
46     executive director's designee is a nonvoting member of the board.]
47          [(4) Each member shall hold office until a successor is appointed and qualified, but no
48     member shall serve more than two consecutive terms.]
49          [(5) One member shall be designated by the governor as chair.]
50          [(6) A member may not receive compensation or benefits for the member's service, but
51     may receive per diem and travel expenses in accordance with:]
52          [(a) Section 63A-3-106;]
53          [(b) Section 63A-3-107; and]
54          [(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
55     63A-3-107.]
56          [(7) The members of the board are not required to give bond for the performance of
57     their official duties.]
58          [(8) The department shall provide administrative and staff services to enable the board
59     to exercise its powers and discharge its duties, and shall provide necessary space and
60     equipment for the board.]
61          (2) (a) The executive director shall appoint a director of the board with the approval of
62     the governor.
63          (b) The director appointed under Subsection (2)(a) is equivalent to a division director
64     described in Section 63A-1-109.
65          Section 3. Section 63A-5-101.5 is enacted to read:
66          63A-5-101.5. State Building Board composition -- Appointment -- Per diem and
67     expenses -- Administrative services.
68          (1) (a) The board is composed of eight members, seven of whom are voting members
69     who the governor appoints for terms of four years.
70          (b) The executive director of the Governor's Office of Management and Budget or the
71     executive director's designee is a nonvoting member of the board.
72          (2) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
73     time of a member's appointment or reappointment, adjust the length of the member's term to
74     ensure that approximately half of the board is appointed every two years.
75          (3) When a vacancy occurs in the membership of the board for any reason, the
76     governor shall appoint a replacement for the unexpired term of the member who created the
77     vacancy.
78          (4) Each board member shall hold office until the governor appoints and qualifies a
79     successor, but no member may serve more than two consecutive terms.
80          (5) The governor shall designate one member as the chair of the board.
81          (6) A member of the board may not receive compensation or benefits for the member's
82     service on the board, but may receive per diem and travel expenses in accordance with:
83          (a) Section 63A-3-106;
84          (b) Section 63A-3-107; and
85          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
86     63A-3-107.
87          (7) A member of the board is not required to post a bond for the performance of the
88     member's official duties.
89          (8) The department shall provide the board administrative and staff services and
90     necessary space and equipment.
91          Section 4. Section 63A-5-103 is amended to read:
92          63A-5-103. Board -- Powers -- Rulemaking authority.
93          (1) The State Building Board shall:
94          (a) in cooperation with agencies, prepare a master plan of structures built or
95     contemplated;
96          (b) submit to the governor and the Legislature a comprehensive five-year building plan
97     for the state containing the information required by Subsection (2);
98          (c) amend and keep current the five-year building program that complies with the
99     requirements described in Subsection (6), for submission to the governor and subsequent
100     legislatures; and
101          (d) as a part of the long-range plan, recommend to the governor and Legislature any
102     changes in the law that are necessary to ensure an effective, well-coordinated building program
103     for all agencies[;].
104          [(e)] (2) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
105     Rulemaking Act, make rules:
106          [(i)] (a) that are necessary to discharge its duties and the duties of the Division of
107     Facilities Construction and Management;
108          [(ii) to] (b) that establish standards and requirements for life cycle cost-effectiveness
109     of state facility projects;
110          [(iii) to] (c) that govern the disposition of real property by the division and establish
111     factors, including appraised value and historical significance, in evaluating the disposition;
112          [(iv) to] (d) that establish standards and requirements for a capital development project
113     request and feasibility study described in Subsection 63A-5-104(2)(b), including [a
114     requirement for a feasibility study; and]:
115          [(v) for operations and maintenance expenditures for state-owned facilities that require,
116     and establish standards for:]
117          [(A) reporting;]
118          [(B) utility metering;]
119          [(C) creating operations and maintenance programs within all agency institutional line
120     items;]
121          [(D) reviewing and adjusting for inflationary costs of goods and services on an annual
122     basis; and]
123          (i) a deadline by which a state agency is required to submit a capital development
124     project request; and
125          (ii) conditions and requirements by which a state agency may modify the state agency's
126     capital development project request after the agency submits the request;
127          (e) for the monitoring of a state agency's operations and maintenance expenditures for a
128     state-owned facility, that:
129          (i) establish standards and requirements for utility metering;
130          (ii) create an operations and maintenance program for a state agency's facilities;
131          (iii) establish a methodology for determining reasonably anticipated inflationary costs
132     for each operation and maintenance program described in Subsection (2)(e)(ii);
133          (iv) require an agency to report the amount the agency receives and expends on
134     operations and maintenance; and
135          [(E)] (f) for determining the actual cost for operations and management requests for a
136     new facility[;].
137          (3) The board shall:
138          [(f)] (a) with support from the Division of Facilities Construction and Management,
139     establish design criteria, standards, and procedures for planning, design, and construction of
140     new state facilities and for improvements to existing state facilities, including life-cycle
141     costing, cost-effectiveness studies, and other methods and procedures that address:
142          (i) the need for the building or facility;
143          (ii) the effectiveness of its design;
144          (iii) the efficiency of energy use; and
145          (iv) the usefulness of the building or facility over its lifetime;
146          [(g)] (b) prepare and submit a yearly request to the governor and the Legislature for a
147     designated amount of square footage by type of space to be leased by the Division of Facilities
148     Construction and Management in that fiscal year;
149          [(h)] (c) assure the efficient use of all building space; and
150          [(i)] (d) conduct ongoing facilities maintenance audits for state-owned facilities.
151          [(2)] (4) (a) An agency shall comply with [the rules described in] a rule made under
152     Subsection [(1)(e)(v)(E)] (2)(f) for new facility requests submitted to the Legislature for the
153     2017 General Session or any session of the Legislature after the 2017 General Session.
154          (b) On or before September 1, 2016, each agency shall revise the agency's budget to
155     comply with the rules described in Subsection [(1)(e)(v)(C)] (2)(e)(ii).
156          (c) Beginning on December 1, 2016, the Office of the Legislative Fiscal Analyst and
157     the Governor's Office of Management and Budget shall, for each agency with operating and
158     maintenance expenses, ensure that each required budget for that agency is adjusted in
159     accordance with the rules described in Subsection [(1)(e)(v)(D)] (2)(e)(iii).
160          [(3)] (5) In order to provide adequate information upon which the State Building Board
161     may make a recommendation described in Subsection (1), any state agency requesting new
162     full-time employees for the next fiscal year shall report those anticipated requests to the
163     building board at least 90 days before the annual general session in which the request is made.
164          [(4)] (6) (a) The State Building Board shall ensure that the five-year building plan
165     required by Subsection (1)(c) includes:
166          (i) a list that prioritizes construction of new buildings for all structures built or
167     contemplated based upon each agency's present and future needs;
168          (ii) information, and space use data for all state-owned and leased facilities;
169          (iii) substantiating data to support the adequacy of any projected plans;
170          (iv) a summary of all statewide contingency reserve and project reserve balances as of
171     the end of the most recent fiscal year;
172          (v) a list of buildings that have completed a comprehensive facility evaluation by an
173     architect/engineer or are scheduled to have an evaluation;
174          (vi) for those buildings that have completed the evaluation, the estimated costs of
175     needed improvements; and
176          (vii) for projects recommended in the first two years of the five-year building plan:
177          (A) detailed estimates of the cost of each project;
178          (B) the estimated cost to operate and maintain the building or facility on an annual
179     basis;
180          (C) the cost of capital improvements to the building or facility, estimated at 1.1% of
181     the replacement cost of the building or facility, on an annual basis;
182          (D) the estimated number of new agency full-time employees expected to be housed in
183     the building or facility;
184          (E) the estimated cost of new or expanded programs and personnel expected to be
185     housed in the building or facility;
186          (F) the estimated lifespan of the building with associated costs for major component
187     replacement over the life of the building; and
188          (G) the estimated cost of any required support facilities.
189          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
190     State Building Board may make rules prescribing the format for submitting the information
191     required by this Subsection [(4)] (6).
192          [(5)] (7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
193     Act, the State Building Board may make rules establishing circumstances under which bids
194     may be modified when all bids for a construction project exceed available funds as certified by
195     the director.
196          (b) In making [those] the rules described in Subsection (7)(a), the State Building Board
197     shall provide for the fair and equitable treatment of bidders.
198          [(6)] (8) (a) A person who violates a rule [adopted by the board] that the board makes
199     under Subsection [(1)(e)] (2) is subject to a civil penalty not to exceed $2,500 for each
200     violation plus the amount of any actual damages, expenses, and costs related to the violation of
201     the rule that are incurred by the state.
202          (b) The board may take any other action allowed by law.
203          (c) If any violation of a rule [adopted by the board] that the board makes is also an
204     offense under Title 76, Utah Criminal Code, the violation is subject to the civil penalty,
205     damages, expenses, and costs allowed under Subsection [(1)(e)] (2) in addition to any criminal
206     prosecution.
207          Section 5. Section 63A-5-104 is amended to read:
208          63A-5-104. Definitions -- Capital development and capital improvement process
209     -- Approval requirements -- Limitations on new projects -- Emergencies.
210          (1) As used in this section:
211          (a) (i) "Capital developments" means a:
212          (A) remodeling, site, or utility project with a total cost of $3,500,000 or more;
213          (B) new facility with a construction cost of $500,000 or more; or
214          (C) purchase of real property where an appropriation is requested to fund the purchase.
215          (ii) "Capital developments" does not include a project described in Subsection
216     (1)(b)(iii).
217          (b) "Capital improvements" means:
218          (i) a remodeling, alteration, replacement, or repair project with a total cost of less than
219     $3,500,000;
220          (ii) a site or utility improvement with a total cost of less than $3,500,000;
221          (iii) a utility infrastructure improvement project that:
222          (A) has a total cost of less than $7,000,000;
223          (B) consists of two or more projects that, if done separately, would each cost less than
224     $3,500,000; and
225          (C) the State Building Board determines is more cost effective or feasible to be
226     completed as a single project; or
227          (iv) a new facility with a total construction cost of less than $500,000.
228          (c) (i) "New facility" means the construction of a new building on state property
229     regardless of funding source.
230          (ii) "New facility" includes:
231          (A) an addition to an existing building; and
232          (B) the enclosure of space that was not previously fully enclosed.
233          (iii) "New facility" does not include:
234          (A) the replacement of state-owned space that is demolished or that is otherwise
235     removed from state use, if the total construction cost of the replacement space is less than
236     $3,500,000; or
237          (B) the construction of facilities that do not fully enclose a space.
238          (d) "Replacement cost of existing state facilities and infrastructure" means the
239     replacement cost, as determined by the Division of Risk Management, of state facilities,
240     excluding auxiliary facilities as defined by the State Building Board and the replacement cost
241     of infrastructure as defined by the State Building Board.
242          (e) "State funds" means public money appropriated by the Legislature.
243          (2) (a) The [State Building Board] board shall, on behalf of all state agencies[, shall
244     submit its] and in accordance with Subsection (4), submit capital development
245     recommendations and priorities to the Legislature for approval and prioritization.
246          (b) In developing the [State Building Board's] board's capital development
247     recommendations and priorities, the [State Building Board] board shall[: (i)] require each state
248     agency [requesting] that requests an appropriation for a capital development project to:
249          (i) submit to the board a capital development project request; and
250          (ii) complete and submit to the board a study that demonstrates the feasibility of the
251     capital development project, including:
252          (A) the need for the capital development project;
253          (B) the appropriateness of the scope of the capital development project;
254          (C) any private funding for the capital development project; and
255          (D) the economic and community impacts of the capital development project[;].
256          [(ii)] (c) The board shall verify the completion and accuracy of [the] a feasibility study
257     [described in] that a state agency submits to the board under Subsection (2)(b)[(i);].
258          [(iii)] (d) The board shall require that an institution of higher education described in
259     Section 53B-1-102 that submits a request for a capital development project address whether
260     and how, as a result of the project, the institution will:
261          [(A)] (i) offer courses or other resources that will help meet demand for jobs, training,
262     and employment in the current market and the projected market for the next five years;
263          [(B)] (ii) respond to individual skilled and technical job demand over the next 3, 5, and
264     10 years;
265          [(C)] (iii) respond to industry demands for trained workers;
266          [(D)] (iv) help meet commitments made by the Governor's Office of Economic
267     Development, including relating to training and incentives;
268          [(E)] (v) respond to changing needs in the economy; and
269          [(F)] (vi) based on demographics, respond to demands for online or in-class
270     instruction[; and].
271          [(iv) only when determining the order of prioritization among requests submitted by
272     the State Board of Regents,]
273          (e) The board shall give more weight[,] in the [State Building Board's] board's scoring
274     process[,] to a request that is designated as a higher priority by the State Board of Regents than
275     a request that is designated as a lower priority by the State Board of Regents only when
276     determining the order of prioritization among requests submitted by the State Board of
277     Regents.
278          [(c) An agency may not modify a capital development project request after the deadline
279     for submitting the request, except to the extent that a modification of the scope of the project,
280     or the amount of funds requested, is necessary due to increased construction costs or other
281     factors outside of the agency's control.]
282          (3) (a) Except as provided in Subsections (3)(b), (d), and (e), a capital development
283     project may not be constructed on state property without legislative approval.
284          (b) Legislative approval is not required for a capital development project that consists
285     of the design or construction of a new facility if:
286          (i) the [State Building Board] board determines that the requesting state agency has
287     provided adequate assurance that state funds will not be used for the design or construction of
288     the facility;
289          (ii) the state agency provides to the [State Building Board] board a written document,
290     signed by the head of the state agency:
291          (A) stating that funding or a revenue stream is in place, or will be in place before the
292     project is completed, to ensure that increased state funding will not be required to cover the
293     cost of operations and maintenance to the resulting facility for immediate or future capital
294     improvements; and
295          (B) detailing the source of the funding that will be used for the cost of operations and
296     maintenance for immediate and future capital improvements to the resulting facility; and
297          (iii) the [State Building Board] board determines that the use of the state property is:
298          (A) appropriate and consistent with the master plan for the property; and
299          (B) will not create an adverse impact on the state.
300          (c) (i) The Division of Facilities Construction and Management shall maintain a record
301     of facilities constructed under the exemption provided in Subsection (3)(b).
302          (ii) For facilities constructed under the exemption provided in Subsection (3)(b), a state
303     agency may not request:
304          (A) increased state funds for operations and maintenance; or
305          (B) state capital improvement funding.
306          (d) Legislative approval is not required for:
307          (i) the renovation, remodeling, or retrofitting of an existing facility with nonstate funds
308     that has been approved by the [State Building Board] board;
309          (ii) a facility to be built with nonstate funds and owned by nonstate entities within
310     research park areas at the University of Utah and Utah State University;
311          (iii) a facility to be built at This is the Place State Park by This is the Place Foundation
312     with funds of the foundation, including grant money from the state, or with donated services or
313     materials;
314          (iv) a capital project that:
315          (A) is funded by[: (I)] the Uintah Basin Revitalization Fund[;] or [(II)] the Navajo
316     Revitalization Fund; and
317          (B) does not provide a new facility for a state agency or higher education institution; or
318          (v) a capital project on school and institutional trust lands that is funded by the School
319     and Institutional Trust Lands Administration from the Land Grant Management Fund and that
320     does not fund construction of a new facility for a state agency or higher education institution.
321          (e) (i) Legislative approval is not required for capital development projects to be built
322     for the Department of Transportation:
323          (A) as a result of an exchange of real property under Section 72-5-111; or
324          (B) as a result of a sale or exchange of real property from a maintenance facility if the
325     real property is exchanged for, or the proceeds from the sale of the real property are used for,
326     another maintenance facility, including improvements for a maintenance facility and real
327     property.
328          (ii) When the Department of Transportation approves a sale or exchange under
329     Subsection (3)(e), it shall notify the president of the Senate, the speaker of the House, and the
330     cochairs of the Infrastructure and General Government Appropriations Subcommittee of the
331     Legislature's Joint Appropriation Committee about any new facilities to be built or improved
332     under this exemption.
333          (4) (a) (i) [The State Building Board] On or before January 15 of each year, the board
334     shall, on behalf of all state agencies, [commissions, departments, and institutions shall by
335     January 15 of each year,] submit a list of anticipated capital improvement requirements to the
336     Legislature for review and approval.
337          (ii) The [list shall identify] board shall ensure that the list identifies:
338          (A) a single project that costs more than $1,000,000;
339          (B) multiple projects within a single building or facility that collectively cost more than
340     $1,000,000;
341          (C) a single project that will be constructed over multiple years with a yearly cost of
342     $1,000,000 or more and an aggregate cost of more than $3,500,000;
343          (D) multiple projects within a single building or facility with a yearly cost of
344     $1,000,000 or more and an aggregate cost of more than $3,500,000;
345          (E) a single project previously reported to the Legislature as a capital improvement
346     project under $1,000,000 that, because of an increase in costs or scope of work, will now cost
347     more than $1,000,000;
348          (F) multiple projects within a single building or facility previously reported to the
349     Legislature as a capital improvement project under $1,000,000 that, because of an increase in
350     costs or scope of work, will now cost more than $1,000,000; and
351          (G) projects approved under Subsection (1)(b)(iii).
352          (b) Unless otherwise directed by the Legislature, the [State Building Board] board shall
353     prioritize capital improvements from the list submitted to the Legislature up to the level of
354     appropriation made by the Legislature.
355          (c) In prioritizing capital improvements, the [State Building Board] board shall
356     consider the results of facility evaluations completed by an architect/engineer as stipulated by
357     the building board's facilities maintenance standards.
358          (d) [Beginning on July 1, 2013, in] In prioritizing capital improvements, the [State
359     Building Board] board shall allocate at least 80% of the funds that the Legislature appropriates
360     for capital improvements to:
361          (i) projects that address:
362          (A) a structural issue;
363          (B) fire safety;
364          (C) a code violation; or
365          (D) any issue that impacts health and safety;
366          (ii) projects that upgrade:
367          (A) an HVAC system;
368          (B) an electrical system;
369          (C) essential equipment;
370          (D) an essential building component; or
371          (E) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof,
372     parking lot, or road; or
373          (iii) projects that demolish and replace an existing building that is in extensive
374     disrepair and cannot be fixed by repair or maintenance.
375          (e) [Beginning on July 1, 2013, in] In prioritizing capital improvements, the [State
376     Building Board] board shall allocate no more than 20% of the funds that the Legislature
377     appropriates for capital improvements to:
378          (i) remodeling and aesthetic upgrades to meet state programmatic needs; or
379          (ii) construct an addition to an existing building or facility.
380          (f) The [State Building Board] board may require an entity that benefits from a capital
381     improvement project to repay the capital improvement funds from savings that result from the
382     project.
383          (g) The [State Building Board] board may provide capital improvement funding to a
384     single project, or to multiple projects within a single building or facility, even if the total cost
385     of the project or multiple projects is $3,500,000 or more, if:
386          (i) the capital improvement project is a project described in Subsection (1)(b)(iii); and
387          (ii) the Legislature has not refused to fund the project with capital improvement funds.
388          (h) In prioritizing and allocating capital improvement funding, the State Building
389     Board shall comply with the requirement in Subsection 63B-23-101(2)(f).
390          (5) The Legislature may authorize:
391          (a) the total square feet to be occupied by each state agency; and
392          (b) the total square feet and total cost of lease space for each agency.
393          (6) If construction of a new building or facility will require an immediate or future
394     increase in state funding for operations and maintenance or for capital improvements, the
395     Legislature may not authorize the new building or facility until the Legislature appropriates
396     funds for:
397          (a) the portion of operations and maintenance, if any, that will require an immediate or
398     future increase in state funding; and
399          (b) the portion of capital improvements, if any, that will require an immediate or future
400     increase in state funding.
401          (7) (a) Except as provided in Subsection (7)(b), the Legislature may not fund the design
402     or construction of any new capital development projects, except to complete the funding of
403     projects for which partial funding has been previously provided, until the Legislature has
404     appropriated 1.1% of the replacement cost of existing state facilities and infrastructure to
405     capital improvements.
406          [(b) (i) As used in this Subsection (7)(b):]
407          [(A) "Education Fund budget deficit" is as defined in Section 63J-1-312; and]
408          [(B) "General Fund budget deficit" is as defined in Section 63J-1-312.]
409          [(ii)] (b) If the Legislature determines that there exists an Education Fund budget
410     deficit or a General Fund budget deficit [exists] as those terms are defined in Section
411     63J-1-312, the Legislature may, in eliminating the deficit, reduce the amount appropriated to
412     capital improvements to 0.9% of the replacement cost of state buildings and infrastructure.
413          [(8) It is the policy of the Legislature that a new building or facility be approved and
414     funded for construction in a single budget action, therefore the]
415          (8) (a) The Legislature may not fund the [programming,] design[,] and construction of
416     a new Ĥ→ [building or] ←Ĥ facility in phases over more than one year unless the Legislature
416a     Ĥ→ [ has
417     approved each phase of the funding for the construction of the new building or facility by] ←Ĥ [the
418     affirmative] Ĥ→ approves the funding for both the design and construction by ←Ĥ a vote of
418a     two-thirds of all the members elected to each house.
419          Ĥ→ [(b) This Subsection (8) does not apply to an appropriation to fund a new building or
420     facility's programming.]
420a      (b) An agency is required to receive approval from the board before the agency begins
420b     programming for a new facility that requires legislative approval under Subsection (3).
420c      (c) The board or an agency may fund the programming of a new facility before the
420d     Legislature makes an appropriation for the new facility under Subsection (8)(a). ←Ĥ
421          (9) (a) [If, after approval of] Notwithstanding the requirements of Title 63J, Chapter 1,
422     Budgetary Procedures Act, after the Legislatures approves capital development and capital
423     improvement priorities [by the Legislature] under this section, [emergencies arise that create
424     unforeseen critical capital improvement projects, the State Building Board may,
425     notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures Act,] if an
426     emergency arises that creates an unforseen and critical need for a capital improvement project,
427     the board may reallocate capital improvement funds to address [those projects] the project.
428          (b) The [State Building Board] board shall report any changes [it] the board makes in
429     capital improvement allocations approved by the Legislature to:
430          (i) the Office of Legislative Fiscal Analyst within 30 days of the reallocation; and
431          (ii) the Legislature at its next annual general session.
432          (10) (a) The [State Building Board] board may adopt a rule allocating to institutions
433     and agencies their proportionate share of capital improvement funding.
434          (b) The [State Building Board] board shall ensure that the rule:
435          (i) reserves funds for the Division of Facilities Construction and Management for
436     emergency projects; and
437          (ii) allows the delegation of projects to some institutions and agencies with the
438     requirement that a report of expenditures will be filed annually with the Division of Facilities
439     Construction and Management and appropriate governing bodies.
440          (11) It is the intent of the Legislature that in funding capital improvement requirements
441     under this section the General Fund be considered as a funding source for at least half of those
442     costs.
443          (12) (a) Subject to Subsection (12)(b), at least 80% of the state funds appropriated for
444     capital improvements shall be used for maintenance or repair of the existing building or
445     facility.
446          (b) The [State Building Board] board may modify the requirement described in
447     Subsection (12)(a) if the [State Building Board] board determines that a different allocation of
448     capital improvements funds is in the best interest of the state.




Legislative Review Note
Office of Legislative Research and General Counsel