Senator David G. Buxton proposes the following substitute bill:


1     
STATE AGENCY CAPITAL DEVELOPMENT FUND

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David G. Buxton

5     
House Sponsor: Kay J. Christofferson

6     

7     LONG TITLE
8     General Description:
9          This bill creates a capital projects fund to facilitate administration and funding
10     processes of the Division of Facilities Construction and Management for capital
11     development projects for state agencies.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates a capital projects fund called the State Agency Capital Development Fund to
15     fund the design, renovation, and construction of state agency facilities, except for
16     institutions of higher education;
17          ▸     requires the Division of Facilities Construction and Management to present a
18     five-year building plan to the Infrastructure and General Government
19     Appropriations Subcommittee;
20          ▸     requires the Infrastructure and General Government Appropriations Subcommittee
21     to recommend to the Legislature appropriations from the State Agency Capital
22     Development Fund for capital projects for state agencies;
23          ▸     requires proceeds from the sale or lease of state agency buildings to be deposited
24     into the State Agency Capital Development Fund;
25          ▸     replaces references to the State Building Board to refer to the Division of Facilities

26     Construction and Management; and
27          ▸     makes technical changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          26-29-4, as enacted by Laws of Utah 1981, Chapter 126
35          32B-2-505, as last amended by Laws of Utah 2021, Chapter 382
36          53B-20-104, as last amended by Laws of Utah 2012, Chapter 242
37          63A-1-107, as renumbered and amended by Laws of Utah 1993, Chapter 212
38          63A-1-108, as last amended by Laws of Utah 2005, Chapter 169
39          63A-5b-910, as last amended by Laws of Utah 2022, Chapter 421
40          63B-3-301, as last amended by Laws of Utah 2022, Chapter 447
41          63B-6-502, as last amended by Laws of Utah 2021, Chapter 280
42          63B-10-401, as last amended by Laws of Utah 2010, Chapter 278
43          63B-12-301, as enacted by Laws of Utah 2003, Chapter 302
44          63B-13-301, as enacted by Laws of Utah 2004, Chapter 364
45          63B-17-401, as last amended by Laws of Utah 2016, Chapter 222
46          63B-18-301, as last amended by Laws of Utah 2018, Chapter 39
47          63G-6a-107.7, as enacted by Laws of Utah 2020, Chapter 257
48          63G-6a-107.8, as enacted by Laws of Utah 2020, Chapter 257
49          79-4-607, as enacted by Laws of Utah 2021, Chapter 160
50     ENACTS:
51          63A-5b-407, Utah Code Annotated 1953
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 26-29-4 is amended to read:
55          26-29-4. Enforcement of chapter.
56          The responsibility for adoption of the planning and design criteria referred to in Section

57     26-29-3, and enforcement of this chapter shall be as follows:
58          (1) where state school funds are utilized, the State Board of Education[.];
59          (2) where state funds are utilized, the [State Building Board.] Division of Facilities
60     Construction and Management; and
61          (3) where funds of political subdivisions are utilized, the governing board of the county
62     or municipality in which the building or facility is located.
63          Section 2. Section 32B-2-505 is amended to read:
64          32B-2-505. Reporting requirements -- Building plan and market survey required
65     -- Department performance measures.
66          (1) In 2018 and each year thereafter, the department shall present a five-year building
67     plan to the Infrastructure and General Government Appropriations Subcommittee that
68     describes the department's anticipated property acquisition, building, and remodeling for the
69     five years following the day on which the department presents the five-year building plan.
70          (2) (a) In 2018 and every other year thereafter, the department shall complete a market
71     survey to inform the department's five-year building plan described in Subsection (1).
72          (b) The department shall:
73          (i) provide a copy of each market survey to the Infrastructure and General Government
74     Appropriations Subcommittee and the Business and Labor Interim Committee; and
75          (ii) upon request, appear before the Infrastructure and General Government
76     Appropriations Subcommittee to present the results of the market survey.
77          (3) For fiscal year 2018-19 and each fiscal year thereafter, before the fiscal year begins,
78     the Governor's Office of Planning and Budget, in consultation with the department and the
79     Office of the Legislative Fiscal Analyst, shall establish performance measures and goals to
80     evaluate the department's operations during the fiscal year.
81          (4) (a) The department may not submit a request to the [State Building Board] Division
82     of Facilities Construction and Management for a capital development project unless the
83     department first obtains approval from the Governor's Office of Planning and Budget.
84          (b) In determining whether to grant approval for a request described in Subsection
85     (4)(a), the Governor's Office of Planning and Budget shall evaluate the extent to which the
86     department met the performance measures and goals described in Subsection (3) during the
87     previous fiscal year.

88          Section 3. Section 53B-20-104 is amended to read:
89          53B-20-104. Buildings and facilities -- Board approval of construction and
90     purchases -- Rules.
91          (1) The board shall approve all new construction, repair, or purchase of educational
92     and general buildings and facilities financed from any source at all institutions subject to the
93     jurisdiction of the board.
94          (2) An institution may not submit plans or specifications to the [State Building Board]
95     Division of Facilities Construction and Management for the construction or alteration of
96     buildings, structures, or facilities or for the purchases of equipment or fixtures for the structure
97     without the authorization of the board.
98          (3) The board shall make rules establishing the conditions under which facilities may
99     be eligible to request state funds for operations and maintenance.
100          (4) Before approving the purchase of a building, the board shall:
101          (a) determine whether or not the building will be eligible for state funds for operations
102     and maintenance by applying the rules adopted under Subsection (3); and
103          (b) if the annual request for state funding for operations and maintenance will be
104     greater than $100,000, notify the speaker of the House, the president of the Senate, and the
105     cochairs of the Infrastructure and General Government subcommittee of the Legislature's Joint
106     Appropriation Committee.
107          Section 4. Section 63A-1-107 is amended to read:
108          63A-1-107. Administrative support to building ownership authority.
109          The executive director shall provide administrative support and staff services to the
110     [State Building Board and the] State Building Ownership Authority.
111          Section 5. Section 63A-1-108 is amended to read:
112          63A-1-108. Powers and duties of other agencies assigned to executive director.
113          Powers and duties assigned by other provisions of this title to the Division of Finance,
114     the [State Building Board] Division of Facilities Construction and Management, or other
115     agencies or divisions of the department, and not specifically assigned by this chapter, shall be
116     assigned to the executive director with the approval of the governor.
117          Section 6. Section 63A-5b-407 is enacted to read:
118          63A-5b-407. State Agency Capital Development Fund -- Creation -- Process.

119          (1) (a) There is created a capital projects fund known as the State Agency Capital
120     Development Fund.
121          (b) The State Agency Capital Development Fund and this section do not apply to an
122     institution of higher education.
123          (2) The State Agency Capital Development Fund is funded from the following sources:
124          (a) one-time appropriations made to the State Agency Capital Development Fund by
125     the Legislature;
126          (b) ongoing appropriations made by the Legislature; or
127          (c) revenue received from the sale, lease, or disposition of any state agency building or
128     property associated with the implementation of the Statewide Master Plan for State Agencies as
129     described in Subsection (6).
130          (3) Subject to Subsection (4), and subject to appropriation by the Legislature, the
131     division may use the money deposited into the State Agency Capital Development Fund for
132     capital development projects, capital improvement projects, and to design, renovate, or
133     construct facilities for state agencies.
134          (4) (a) Before the division spends or commits money from the State Agency Capital
135     Development Fund, in accordance with Sections 63A-5b-402, 63A-5b-405, and 63A-5b-501,
136     the division shall present to the Infrastructure and General Government Appropriations
137     Subcommittee:
138          (i) a description of each project for which the division will spend the money; and
139          (ii) the amount of money needed for each project.
140          (b) Following a presentation described in Subsection (4)(a), the Infrastructure and
141     General Government Appropriations Subcommittee shall recommend to the Legislature
142     appropriations of money from the State Agency Capital Development Fund to the division for
143     approved projects in the division's plan.
144          (c) In accordance with this section, the division is required to receive legislative
145     approval through an appropriations act in order to expend money in the State Agency Capital
146     Development Fund for a capital development project.
147          (5) In the 2024 General Session of the Legislature, and each year thereafter, and in
148     accordance with Sections 63A-5b-402, 63A-5b-405, and 63A-5b-501, the division shall present
149     a five-year building plan to the Infrastructure and General Government Appropriations

150     Subcommittee that describes the division's anticipated plan for designing, renovating, or
151     building state agency facilities.
152          (6) The division may not submit a request to the Infrastructure and General
153     Government Appropriations Subcommittee for funding from the State Agency Capital
154     Development Fund unless:
155          (a) the project complies with the Statewide Master Plan for State Agencies; and
156          (b) the division first obtains approval from the Governor's Office of Planning and
157     Budget.
158          (7) If a building is vacated by an agency and the agency moves to another building,
159     proceeds from the sale or lease of the vacated building:
160          (a) may not be used by the agency or otherwise absorbed into the agency's budget; and
161          (b) shall be deposited into the State Agency Capital Development Fund described in
162     this section.
163          Section 7. Section 63A-5b-910 is amended to read:
164          63A-5b-910. Disposition of proceeds received by division from sale of vacant
165     division-owned property.
166          (1) (a) Except as provided in Section 62A-5-206.7, the division shall pay into the state
167     treasury the money received from the transfer of ownership or lease of vacant division-owned
168     property.
169          (b) Money paid into the state treasury under Subsection (1)(a):
170          (i) becomes a part of the funds provided by law for carrying out the building program
171     of the state; and
172          (ii) is appropriated for the purpose described in Subsection (1)(b)(i).
173          (2) [The] Except as described in Subsection 63A-5b-407(7), the proceeds from the
174     transfer of ownership or lease of vacant division-owned property belonging to or used by a
175     particular state agency shall, to the extent practicable, be expended for the construction of
176     buildings or in the performance of other work for the benefit of that state agency.
177          Section 8. Section 63B-3-301 is amended to read:
178          63B-3-301. Legislative intent -- Additional projects.
179          (1) It is the intent of the Legislature that, for any lease purchase agreement that the
180     Legislature may authorize the Division of Facilities Construction and Management to enter into

181     during its 1994 Annual General Session, the State Building Ownership Authority, at the
182     reasonable rates and amounts it may determine, and with technical assistance from the state
183     treasurer, the director of the Division of Finance, and the executive director of the Governor's
184     Office of Planning and Budget, may seek out the most cost effective and prudent lease
185     purchase plans available to the state and may, pursuant to Chapter 1, Part 3, State Building
186     Ownership Authority Act, certificate out interests in, or obligations of the authority pertaining
187     to:
188          (a) the lease purchase obligation; or
189          (b) lease rental payments under the lease purchase obligation.
190          (2) It is the intent of the Legislature that the Department of Transportation dispose of
191     surplus real properties and use the proceeds from those properties to acquire or construct
192     through the Division of Facilities Construction and Management a new District Two Complex.
193          (3) It is the intent of the Legislature that the [State Building Board] Division of
194     Facilities Construction and Management allocate funds from the Capital Improvement
195     appropriation and donations to cover costs associated with the upgrade of the Governor's
196     Residence that go beyond the restoration costs which can be covered by insurance proceeds.
197          (4) (a) It is the intent of the Legislature to authorize the State Building Ownership
198     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
199     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
200     participation interests may be created, to provide up to $10,600,000 for the construction of a
201     Natural Resources Building in Salt Lake City, together with additional amounts necessary to:
202          (i) pay costs of issuance;
203          (ii) pay capitalized interest; and
204          (iii) fund any debt service reserve requirements.
205          (b) It is the intent of the Legislature that the authority seek out the most cost effective
206     and prudent lease purchase plan available with technical assistance from the state treasurer, the
207     director of the Division of Finance, and the executive director of the Governor's Office of
208     Planning and Budget.
209          (c) It is the intent of the Legislature that the operating budget for the Department of
210     Natural Resources not be increased to fund these lease payments.
211          (5) (a) It is the intent of the Legislature to authorize the State Building Ownership

212     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
213     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
214     participation interests may be created, to provide up to $8,300,000 for the acquisition of the
215     office buildings currently occupied by the Department of Environmental Quality and
216     approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
217     City, together with additional amounts necessary to:
218          (i) pay costs of issuance;
219          (ii) pay capitalized interest; and
220          (iii) fund any debt service reserve requirements.
221          (b) It is the intent of the Legislature that the authority seek out the most cost effective
222     and prudent lease purchase plan available with technical assistance from the state treasurer, the
223     director of the Division of Finance, and the executive director of the Governor's Office of
224     Planning and Budget.
225          (6) (a) It is the intent of the Legislature to authorize the State Building Ownership
226     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
227     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
228     participation interests may be created, to provide up to $9,000,000 for the acquisition or
229     construction of up to two field offices for the Department of Health and Human Services in the
230     southwestern portion of Salt Lake County, together with additional amounts necessary to:
231          (i) pay costs of issuance;
232          (ii) pay capitalized interest; and
233          (iii) fund any debt service reserve requirements.
234          (b) It is the intent of the Legislature that the authority seek out the most cost effective
235     and prudent lease purchase plan available with technical assistance from the state treasurer, the
236     director of the Division of Finance, and the executive director of the Governor's Office of
237     Planning and Budget.
238          (7) (a) It is the intent of the Legislature to authorize the State Building Ownership
239     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
240     issue or execute obligations or enter into or arrange for lease purchase agreements in which
241     participation interests may be created, to provide up to $5,000,000 for the acquisition or
242     construction of up to 13 stores for the Department of Alcoholic Beverage Services, together

243     with additional amounts necessary to:
244          (i) pay costs of issuance;
245          (ii) pay capitalized interest; and
246          (iii) fund any debt service reserve requirements.
247          (b) It is the intent of the Legislature that the authority seek out the most cost effective
248     and prudent lease purchase plan available with technical assistance from the state treasurer, the
249     director of the Division of Finance, and the executive director of the Governor's Office of
250     Planning and Budget.
251          (c) It is the intent of the Legislature that the operating budget for the Department of
252     Alcoholic Beverage Services not be increased to fund these lease payments.
253          (8) (a) It is the intent of the Legislature to authorize the State Building Ownership
254     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
255     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
256     participation interests may be created, to provide up to $6,800,000 for the construction of a
257     Prerelease and Parole Center for the Department of Corrections, containing a minimum of 300
258     beds, together with additional amounts necessary to:
259          (i) pay costs of issuance;
260          (ii) pay capitalized interest; and
261          (iii) fund any debt service reserve requirements.
262          (b) It is the intent of the Legislature that the authority seek out the most cost effective
263     and prudent lease purchase plan available with technical assistance from the state treasurer, the
264     director of the Division of Finance, and the executive director of the Governor's Office of
265     Planning and Budget.
266          (9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
267     in Salt Lake City, becomes law, it is the intent of the Legislature that:
268          (a) the Legislative Management Committee, the Interim Appropriation Subcommittees
269     for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
270     the Office of the Legislative Fiscal Analyst, the Governor's Office of Planning and Budget, and
271     the [State Building Board] Division of Facilities Construction and Management participate in a
272     review of the proposed facility design for the Courts Complex no later than December 1994;
273     and

274          (b) although this review will not affect the funding authorization issued by the 1994
275     Legislature, it is expected that Division of Facilities Construction and Management will give
276     proper attention to concerns raised in these reviews and make appropriate design changes
277     pursuant to the review.
278          (10) It is the intent of the Legislature that:
279          (a) the Division of Facilities Construction and Management, in cooperation with the
280     Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services,
281     develop a flexible use prototype facility for the Division of Youth Corrections renamed in 2003
282     to the Division of Juvenile Justice Services;
283          (b) the development process use existing prototype proposals unless it can be
284     quantifiably demonstrated that the proposals cannot be used;
285          (c) the facility is designed so that with minor modifications, it can accommodate
286     detention, observation and assessment, transition, and secure programs as needed at specific
287     geographical locations;
288          (d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
289     of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services is used to
290     design and construct one facility and design the other;
291          (ii) the Division of Youth Corrections renamed in 2003 to the Division of Juvenile
292     Justice Services shall:
293          (A) determine the location for the facility for which design and construction are fully
294     funded; and
295          (B) in conjunction with the Division of Facilities Construction and Management,
296     determine the best methodology for design and construction of the fully funded facility;
297          (e) the Division of Facilities Construction and Management submit the prototype as
298     soon as possible to the Infrastructure and General Government Appropriations Subcommittee
299     and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
300     review;
301          (f) the Division of Facilities Construction and Management issue a Request for
302     Proposal for one of the facilities, with that facility designed and constructed entirely by the
303     winning firm;
304          (g) the other facility be designed and constructed under the existing Division of

305     Facilities Construction and Management process;
306          (h) that both facilities follow the program needs and specifications as identified by
307     Division of Facilities Construction and Management and the Division of Youth Corrections
308     renamed in 2003 to the Division of Juvenile Justice Services in the prototype; and
309          (i) the fully funded facility should be ready for occupancy by September 1, 1995.
310          (11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
311     Park Master Study be used by the Division of Facilities Construction and Management to
312     develop a master plan for the State Fair Park that:
313          (a) identifies capital facilities needs, capital improvement needs, building
314     configuration, and other long term needs and uses of the State Fair Park and its buildings; and
315          (b) establishes priorities for development, estimated costs, and projected timetables.
316          (12) It is the intent of the Legislature that:
317          (a) the Division of Facilities Construction and Management, in cooperation with the
318     Division of State Parks, formerly known as the Division of Parks and Recreation, and
319     surrounding counties, develop a master plan and general program for the phased development
320     of Antelope Island;
321          (b) the master plan:
322          (i) establish priorities for development;
323          (ii) include estimated costs and projected time tables; and
324          (iii) include recommendations for funding methods and the allocation of
325     responsibilities between the parties; and
326          (c) the results of the effort be reported to the Natural Resources, Agriculture, and
327     Environmental Quality Appropriations Subcommittee and Infrastructure and General
328     Government Appropriations Subcommittee.
329          (13) It is the intent of the Legislature to authorize the University of Utah to use:
330          (a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under
331     the supervision of the director of the Division of Facilities Construction and Management
332     unless supervisory authority is delegated by the director; and
333          (b) donated and other nonappropriated funds to plan, design, and construct the Biology
334     Research Building under the supervision of the director of the Division of Facilities
335     Construction and Management unless supervisory authority is delegated by the director.

336          (14) It is the intent of the Legislature to authorize Utah State University to use:
337          (a) federal and other funds to plan, design, and construct the Bee Lab under the
338     supervision of the director of the Division of Facilities Construction and Management unless
339     supervisory authority is delegated by the director;
340          (b) donated and other nonappropriated funds to plan, design, and construct an Athletic
341     Facility addition and renovation under the supervision of the director of the Division of
342     Facilities Construction and Management unless supervisory authority is delegated by the
343     director;
344          (c) donated and other nonappropriated funds to plan, design, and construct a renovation
345     to the Nutrition and Food Science Building under the supervision of the director of the
346     Division of Facilities Construction and Management unless supervisory authority is delegated
347     by the director; and
348          (d) federal and private funds to plan, design, and construct the Millville Research
349     Facility under the supervision of the director of the Division of Facilities Construction and
350     Management unless supervisory authority is delegated by the director.
351          (15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
352          (a) institutional funds to plan, design, and construct a remodel to the Auto Trades
353     Office and Learning Center under the supervision of the director of the Division of Facilities
354     Construction and Management unless supervisory authority is delegated by the director;
355          (b) institutional funds to plan, design, and construct the relocation and expansion of a
356     temporary maintenance compound under the supervision of the director of the Division of
357     Facilities Construction and Management unless supervisory authority is delegated by the
358     director; and
359          (c) institutional funds to plan, design, and construct the Alder Amphitheater under the
360     supervision of the director of the Division of Facilities Construction and Management unless
361     supervisory authority is delegated by the director.
362          (16) It is the intent of the Legislature to authorize Southern Utah University to use:
363          (a) federal funds to plan, design, and construct a Community Services Building under
364     the supervision of the director of the Division of Facilities Construction and Management
365     unless supervisory authority is delegated by the director; and
366          (b) donated and other nonappropriated funds to plan, design, and construct a stadium

367     expansion under the supervision of the director of the Division of Facilities Construction and
368     Management unless supervisory authority is delegated by the director.
369          (17) It is the intent of the Legislature to authorize the Department of Corrections to use
370     donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
371     Facility in Gunnison under the supervision of the director of the Division of Facilities
372     Construction and Management unless supervisory authority is delegated by the director.
373          (18) If the Utah National Guard does not relocate in the Signetics Building, it is the
374     intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
375     to plan and design an Armory in Provo, Utah, under the supervision of the director of the
376     Division of Facilities Construction and Management unless supervisory authority is delegated
377     by the director.
378          (19) It is the intent of the Legislature that the Utah Department of Transportation use
379     $250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
380     Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
381          (20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
382     Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
383     and purchase equipment for use in that building that could be used in metal trades or other
384     programs in other Applied Technology Centers.
385          (21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
386     and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
387     considered as the highest priority projects for construction funding in fiscal year 1996.
388          (22) It is the intent of the Legislature that:
389          (a) the Division of Facilities Construction and Management complete physical space
390     utilization standards by June 30, 1995, for the use of technology education activities;
391          (b) these standards are to be developed with and approved by the State Board of
392     Education, the Board of Regents, and the [Utah State Building Board] Division of Facilities
393     Construction and Management;
394          (c) these physical standards be used as the basis for:
395          (i) determining utilization of any technology space based on number of stations capable
396     and occupied for any given hour of operation; and
397          (ii) requests for any new space or remodeling;

398          (d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
399     Ogden-Weber Applied Technology Center are exempt from this process; and
400          (e) the design of the Davis Applied Technology Center take into account the utilization
401     formulas established by the Division of Facilities Construction and Management.
402          (23) It is the intent of the Legislature that Utah Valley State College may use the
403     money from the bond allocated to the remodel of the Signetics building to relocate its technical
404     education programs at other designated sites or facilities under the supervision of the director
405     of the Division of Facilities Construction and Management unless supervisory authority is
406     delegated by the director.
407          (24) It is the intent of the Legislature that the money provided for the fiscal year 1995
408     project for the Bridgerland Applied Technology Center be used to design and construct the
409     space associated with Utah State University and design the technology center portion of the
410     project.
411          (25) It is the intent of the Legislature that the governor provide periodic reports on the
412     expenditure of the funds provided for electronic technology, equipment, and hardware to the
413     Infrastructure and General Government Appropriations Subcommittee, and the Legislative
414     Management Committee.
415          Section 9. Section 63B-6-502 is amended to read:
416          63B-6-502. Other capital facility authorizations and intent language.
417          (1) It is the intent of the Legislature that the University of Utah use institutional funds
418     to plan, design, and construct:
419          (a) the Health Science Lab Building under the supervision of the director of the
420     Division of Facilities Construction and Management unless supervisory authority is delegated
421     by the director; and
422          (b) the gymnastics facility under the supervision of the director of the Division of
423     Facilities Construction and Management unless supervisory authority is delegated by the
424     director.
425          (2) It is the intent of the Legislature that Southern Utah University use institutional
426     funds to plan, design, and construct a science center addition under the supervision of the
427     director of the Division of Facilities Construction and Management unless supervisory
428     authority is delegated by the director.

429          (3) It is the intent of the Legislature that Utah Valley State College use institutional
430     funds to plan, design, and construct a student center addition under the supervision of the
431     director of the Division of Facilities Construction and Management unless supervisory
432     authority is delegated by the director.
433          (4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
434     Management lease property at the Draper Prison to an entity for the purpose of constructing
435     recycling and transfer facilities to employ inmates if the following conditions are satisfactorily
436     met:
437          (i) the entity assures continuous employment of state inmates;
438          (ii) the lease with the entity provides an appropriate return to the state;
439          (iii) the lease has an initial term of not to exceed 20 years;
440          (iv) the lease protects the state from all liability;
441          (v) the entity guarantees that no adverse environmental impact will occur;
442          (vi) the state retains the right to:
443          (A) monitor the types of wastes that are processed; and
444          (B) prohibit the processing of types of wastes that are considered to be a risk to the
445     state or surrounding property uses;
446          (vii) the lease provides for adequate security arrangements;
447          (viii) the entity assumes responsibility for any taxes or fees associated with the facility;
448     and
449          (ix) the entity assumes responsibility for bringing utilities to the site and any state
450     expenditures for roads, etc. are considered in establishing the return to the state.
451          (b) Except as provided in Subsections (4)(c) and (d), the facility may be constructed
452     without direct supervision by the Division of Facilities Construction and Management.
453          (c) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
454     Management shall:
455          (i) review the design, plans, and specifications of the project; and
456          (ii) approve them if they are appropriate.
457          (d) Notwithstanding Subsection (4)(b), the Division of Facilities Construction and
458     Management may:
459          (i) require that the project be submitted to the local building official for plan review

460     and inspection; and
461          (ii) inspect the project.
462          (5) It is the intent of the Legislature that:
463          (a) the $221,497.86 authorized for the Capitol Hill Day Care Center in Subsection (4)
464     of Laws of Utah 1992, Chapter 304, Section 56, be used for general capital improvements; and
465          (b) the [Building Board] Division of Facilities Construction and Management should,
466     in allocating the $221,497.86, if appropriate under the Board's normal allocation and
467     prioritization process, give preference to projects for the Division of State Parks, formerly
468     known as the Division of Parks and Recreation.
469          Section 10. Section 63B-10-401 is amended to read:
470          63B-10-401. Other capital facility authorizations and intent language.
471          (1) It is the intent of the Legislature that:
472          (a) Utah State University use institutional funds to plan, design, and construct an
473     expansion of the HPER Building under the direction of the director of the Division of Facilities
474     Construction and Management unless supervisory authority has been delegated;
475          (b) no state funds be used for any portion of this project; and
476          (c) the university may request state funds for operations and maintenance to the extent
477     that the university is able to demonstrate to the Board of Regents that the facility meets
478     approved academic and training purposes under Board of Regents policy R710.
479          (2) It is the intent of the Legislature that:
480          (a) the University of Utah use institutional funds to plan, design, and construct the
481     Moran Eye Center II project under the direction of the director of the Division of Facilities
482     Construction and Management unless supervisory authority has been delegated;
483          (b) no state funds be used for any portion of this project; and
484          (c) the university may request state funds for operations and maintenance to the extent
485     that the university is able to demonstrate to the Board of Regents that the facility meets
486     approved academic and training purposes under Board of Regents policy R710.
487          (3) It is the intent of the Legislature that:
488          (a) the University of Utah use institutional funds to plan, design, and construct the E.
489     E. Jones Medical Science Addition under the direction of the director of the Division of
490     Facilities Construction and Management unless supervisory authority has been delegated;

491          (b) no state funds be used for any portion of this project; and
492          (c) the university may request state funds for operations and maintenance to the extent
493     that the university is able to demonstrate to the Board of Regents that the facility meets
494     approved academic and training purposes under Board of Regents policy R710.
495          (4) It is the intent of the Legislature that:
496          (a) the University of Utah use institutional funds to plan, design, and construct a
497     Museum of Natural History under the direction of the director of the Division of Facilities
498     Construction and Management unless supervisory authority has been delegated;
499          (b) no state funds be used for any portion of this project; and
500          (c) the university may request state funds for operations and maintenance to the extent
501     that the university is able to demonstrate to the Board of Regents that the facility meets
502     approved academic and training purposes under Board of Regents policy R710.
503          (5) It is the intent of the Legislature that:
504          (a) Dixie College use institutional funds to plan, design, and construct the Hurricane
505     Education Center under the direction of the director of the Division of Facilities Construction
506     and Management unless supervisory authority has been delegated;
507          (b) no state funds be used for any portion of this project; and
508          (c) the college may request state funds for operations and maintenance to the extent
509     that the university is able to demonstrate to the Board of Regents that the facility meets
510     approved academic and training purposes under Board of Regents policy R710.
511          (6) It is the intent of the Legislature that:
512          (a) Southern Utah University use institutional funds to plan, design, and construct the
513     Shakespearean Festival Center under the direction of the director of the Division of Facilities
514     Construction and Management unless supervisory authority has been delegated;
515          (b) no state funds be used for any portion of this project; and
516          (c) the college may not request state funds for operations and maintenance.
517          (7) It is the intent of the Legislature that:
518          (a) the Department of Corrections use donations to plan, design, and construct the
519     Wasatch Family History Center under the direction of the director of the Division of Facilities
520     Construction and Management unless supervisory authority has been delegated;
521          (b) no state funds be used for any portion of this project; and

522          (c) the department may request state funds for operations and maintenance.
523          (8) It is the intent of the Legislature that:
524          (a) the Department of Workforce Services use $1,186,700 from its Special
525     Administrative Expense Account created in Section 35A-4-506 to plan, design, and construct
526     an addition to the Cedar City Employment Center under the direction of the director of the
527     Division of Facilities Construction and Management unless supervisory authority has been
528     delegated; and
529          (b) the department may request state funds for operations and maintenance.
530          (9) It is the intent of the Legislature that the Division of Facilities Construction and
531     Management, acting on behalf of the Department of Natural Resources, may enter into a lease
532     purchase agreement with Carbon County to provide needed space for agency programs in the
533     area if the Department of Natural Resources obtains the approval of the [State Building Board]
534     Division of Facilities Construction and Management by demonstrating that the lease purchase
535     will be a benefit to the state and that the lease, including operation and maintenance costs, can
536     be funded within existing agency budgets.
537          Section 11. Section 63B-12-301 is amended to read:
538          63B-12-301. Other capital facilities authorizations.
539          (1) It is the intent of the Legislature that:
540          (a) Utah State University use institutional funds to plan, design, and construct an
541     addition to the Laboratory Research Center under the direction of the director of the Division
542     of Facilities Construction and Management unless supervisory authority has been delegated;
543          (b) no state funds be used for any portion of this project; and
544          (c) the university may request state funds for operations and maintenance to the extent
545     that the university is able to demonstrate to the Board of Regents that the facility meets
546     approved academic and training purposes under Board of Regents policy R710.
547          (2) It is the intent of the Legislature that:
548          (a) Utah State University use institutional funds to plan, design, and construct an
549     addition to the Biology/Natural Resources Building under the direction of the director of the
550     Division of Facilities Construction and Management unless supervisory authority has been
551     delegated;
552          (b) no state funds be used for any portion of this project; and

553          (c) the university may request state funds for operations and maintenance to the extent
554     that the university is able to demonstrate to the Board of Regents that the facility meets
555     approved academic and training purposes under Board of Regents policy R710.
556          (3) It is the intent of the Legislature that:
557          (a) Snow College use grants and loans from the Community Impact Board together
558     with other institutional funds to plan, design, and construct an addition to the Activities Center
559     under the direction of the director of the Division of Facilities Construction and Management
560     unless supervisory authority has been delegated;
561          (b) no state funds be used for any portion of this project;
562          (c) before proceeding with the project, the Board of Regents and the [State Building
563     Board] Division of Facilities Construction and Management review and approve the scope and
564     funding of the project; and
565          (d) the college may request state funds for operations and maintenance to the extent
566     that the college is able to demonstrate to the Board of Regents that the facility meets approved
567     academic and training purposes under Board of Regents policy R710.
568          (4) (a) It is the intent of the Legislature that the Division of Facilities Construction and
569     Management sell the state's interest in the Iron County Correction Facility to Iron County for
570     $2,000,000 according to the terms specified in this Subsection (4).
571          (b) Iron County will pay the state $1,550,000 in cash.
572          (c) To pay the $450,000 balance of the purchase price, Iron County will:
573          (i) provide office space for the Department of Corrections' Adult Probation and Parole
574     in the Iron County Correction Facility for 10 years at no cost to the state of Utah, at an
575     estimated value of $45,000 per year for a total 10 year value of $450,000; and
576          (ii) contract with the Department of Corrections to house 15 state prisoners in the Iron
577     County Correctional Facility for at least five years.
578          (d) (i) The Department of Corrections shall select the 15 prisoners to house at the Iron
579     County Correctional Facility from beds currently under contract in other counties.
580          (ii) Nothing in this section may be construed to authorize or require the Department of
581     Corrections to increase the number of prisoners currently housed in county correctional
582     facilities on state contract.
583          (e) If the Department of Corrections' Adult Probation and Parole chooses, for whatever

584     reason, not to use the office space offered by Iron County, Iron County is not liable for, and
585     need not pay, the state the value of that estimated rent.
586          Section 12. Section 63B-13-301 is amended to read:
587          63B-13-301. Lease-purchase authorizations.
588          (1) It is the intent of the Legislature that the Mountainland Applied Technology
589     Campus of the Utah College of Applied Technology may use existing funds to enter into a
590     lease-purchase agreement with Alpine School District for the acquisition of the Pacific Avenue
591     Applied Technology Facility costing up to $2,900,000.
592          (2) It is further the intent of the Legislature that a lease may not be executed until the
593     [State Building Board] Division of Facilities Construction and Management has determined
594     that the lease-purchase option is less costly to the state than the current lease.
595          Section 13. Section 63B-17-401 is amended to read:
596          63B-17-401. Authorizations to acquire or exchange property.
597          The Legislature intends that:
598          (1) the Division of Facilities Construction and Management, acting on behalf of the
599     Department of Natural Resources, may enter into a lease purchase agreement with Uintah
600     County to provide needed space for agency programs in the area;
601          (2) the agreement shall involve a trade at fair market value between the Division of
602     Facilities Construction and Management and Uintah County of the following two properties:
603          (a) that portion of the current Uintah County complex that is owned by the state,
604     located at 147 East Main Street, Vernal, Utah, which currently houses the Department of
605     Natural Resources and other state agencies; and
606          (b) a parcel of land owned by Uintah County, located at approximately 318 North
607     Vernal Avenue, Vernal, Utah, which would become the location of the needed space under the
608     lease purchase agreement;
609          (3) before entering into an agreement with Uintah County, the Division of Facilities
610     Construction and Management shall ensure that all other state agencies in the Uintah County
611     complex stay in their current location or receive adequate replacement space, with the terms of
612     any replacement space acceptable to each state agency;
613          (4) before entering into an agreement with Uintah County, the Department of Natural
614     Resources shall obtain the approval of the [State Building Board] Division of Facilities

615     Construction and Management; and
616          (5) the [State Building Board] Division of Facilities Construction and Management
617     may approve the agreement only if the Department of Natural Resources demonstrates that the
618     lease purchase will be a benefit to the state.
619          Section 14. Section 63B-18-301 is amended to read:
620          63B-18-301. Authorizations to design and construct capital facilities using
621     institutional or agency funds.
622          (1) The Legislature intends that:
623          (a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
624     Administration of State Facilities, use institutional funds to plan and design an ambulatory care
625     complex;
626          (b) this authorization and the existence of plans and designs do not guarantee nor
627     improve the chances for legislative approval of the remainder of the building in any subsequent
628     year; and
629          (c) no state funds be used for any portion of this planning and design.
630          (2) The Legislature intends that:
631          (a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
632     Administration of State Facilities, use $64,445,000 in donations to plan, design, and construct a
633     replacement and expansion of the Eccles School of Business Building, with 135,000 new
634     square feet;
635          (b) no state funds be used for any portion of this project unless expressly appropriated
636     for this purpose or approved in a general obligation bond bill; and
637          (c) the university may request state funds for operation and maintenance costs and
638     capital improvements to the extent that the university is able to demonstrate to the Board of
639     Regents that the facility meets approved academic and training purposes under Board of
640     Regents policy R710.
641          (3) The Legislature intends that:
642          (a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
643     Administration of State Facilities, use $8,689,000 in donations to plan, design, and construct a
644     renovation of the Kennecott Building, with 19,400 new square feet;
645          (b) no state funds be used for any portion of this project; and

646          (c) the university may request state funds for operation and maintenance costs and
647     capital improvements to the extent that the university is able to demonstrate to the Board of
648     Regents that the facility meets approved academic and training purposes under Board of
649     Regents policy R710.
650          (4) The Legislature intends that:
651          (a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
652     Administration of State Facilities, use $30,737,000 in donations to plan, design, and construct a
653     Sorenson Arts and Education Complex, with 85,400 new square feet;
654          (b) no state funds be used for any portion of this project; and
655          (c) the university may request state funds for operation and maintenance costs and
656     capital improvements to the extent that the university is able to demonstrate to the Board of
657     Regents that the facility meets approved academic and training purposes under Board of
658     Regents policy R710.
659          (5) The Legislature intends that:
660          (a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
661     Administration of State Facilities, use $4,477,500 in donations to plan, design, and construct a
662     Meldrum Civil Engineering Building, with 11,800 new square feet;
663          (b) no state funds be used for any portion of this project; and
664          (c) the university may request state funds for operation and maintenance costs and
665     capital improvements to the extent that the university is able to demonstrate to the Board of
666     Regents that the facility meets approved academic and training purposes under Board of
667     Regents policy R710.
668          (6) The Legislature intends that:
669          (a) the University of Utah may, subject to requirements in Title 63A, Chapter 5b,
670     Administration of State Facilities, negotiate with a private developer to develop the Universe
671     Project on land west of the university football stadium;
672          (b) before entering into a contract with the developer, the university shall:
673          (i) present the final contract terms to the Legislature's Executive Appropriations
674     Committee;
675          (ii) obtain the approval of the [State Building Board] Division of Facilities
676     Construction and Management; and

677          (iii) the [State Building Board] Division of Facilities Construction and Management
678     may approve the agreement only if the university demonstrates that the contract terms will be a
679     benefit to the state;
680          (c) no state funds be used for any portion of this project; and
681          (d) the university may request state funds for operation and maintenance costs and
682     capital improvements to the extent that the university is able to demonstrate to the Board of
683     Regents that the facility meets approved academic and training purposes under Board of
684     Regents policy R710.
685          (7) The Legislature intends that:
686          (a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5b,
687     Administration of State Facilities, use $2,650,000 in grants and institutional funds to plan,
688     design, and construct a Business Resource Center, with 12,000 new square feet;
689          (b) no state funds be used for any portion of this project; and
690          (c) the university may request state funds for operation and maintenance costs and
691     capital improvements to the extent that the university is able to demonstrate to the Board of
692     Regents that the facility meets approved academic and training purposes under Board of
693     Regents policy R710.
694          (8) The Legislature intends that:
695          (a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5b,
696     Administration of State Facilities, use $1,200,000 in donations and institutional funds to plan,
697     design, and construct a track and field facility;
698          (b) no state funds be used for any portion of this project; and
699          (c) the university may request state funds for operation and maintenance costs and
700     capital improvements to the extent that the university is able to demonstrate to the Board of
701     Regents that the facility meets approved academic and training purposes under Board of
702     Regents policy R710.
703          (9) The Legislature intends that:
704          (a) Utah Valley University may, subject to requirements in Title 63A, Chapter 5b,
705     Administration of State Facilities, use $600,000 in institutional funds to plan, design, and
706     construct intramural playing fields;
707          (b) no state funds be used for any portion of this project; and

708          (c) the university may request state funds for operation and maintenance costs and
709     capital improvements to the extent that the university is able to demonstrate to the Board of
710     Regents that the facility meets approved academic and training purposes under Board of
711     Regents policy R710.
712          (10) The Legislature intends that:
713          (a) Southern Utah University may, subject to requirements in Title 63A, Chapter 5b,
714     Administration of State Facilities, use $2,000,000 in donations to plan, design, and construct a
715     baseball and soccer complex upgrade;
716          (b) no state funds be used for any portion of this project; and
717          (c) the university may not request state funds for operation and maintenance costs or
718     capital improvements.
719          (11) The Legislature intends that:
720          (a) the Department of Natural Resources may, subject to requirements in Title 63A,
721     Chapter 5b, Administration of State Facilities, use $3,000,000 in federal grants to plan, design,
722     and construct an interagency fire dispatch center, with 10,000 new square feet;
723          (b) no state funds be used for any portion of this project; and
724          (c) the department may not request state funds for operation and maintenance costs or
725     capital improvements.
726          (12) The Legislature intends that:
727          (a) the Department of Natural Resources may, subject to requirements in Title 63A,
728     Chapter 5b, Administration of State Facilities, use $7,500,000 in federal grants to plan, design,
729     and construct a curation facility in Vernal, with 21,000 new square feet;
730          (b) no state funds be used for any portion of this project; and
731          (c) the department may not request state funds for operation and maintenance costs or
732     capital improvements.
733          (13) The Legislature intends that:
734          (a) the Department of Natural Resources may, subject to requirements in Title 63A,
735     Chapter 5b, Administration of State Facilities, use $650,000 in federal grants to plan, design,
736     and construct an expansion to the seed warehouse at the Great Basin Research Center, with
737     9,000 new square feet;
738          (b) no state funds be used for any portion of this project unless expressly appropriated

739     for this purpose; and
740          (c) the department may not request state funds for operation and maintenance costs or
741     capital improvements.
742          (14) The Legislature intends that:
743          (a) the Department of Veterans and Military Affairs may, subject to requirements in
744     Title 63A, Chapter 5b, Administration of State Facilities, use $3,500,000 in federal grants to
745     plan, design, and construct improvements at the Veterans Cemetery, with 15,000 new square
746     feet;
747          (b) no state funds be used for any portion of this project unless expressly appropriated
748     for this purpose; and
749          (c) the department may not request state funds for operation and maintenance costs or
750     capital improvements.
751          Section 15. Section 63G-6a-107.7 is amended to read:
752          63G-6a-107.7. Procurement rules.
753          (1) (a) Subject to Subsection (1)(b), the rulemaking authority for a procurement unit
754     shall make rules relating to the management and control of procurements and procurement
755     procedures by the procurement unit.
756          (b) [Building board] Facilities division rules governing procurement of construction
757     projects, design professional services, and leases apply to the procurement of construction
758     projects, design professional services, and leases of real property, respectively, by the [Division
759     of Facilities Construction and Management] facilities division.
760          (2) A rulemaking authority may not adopt rules, policies, or regulations that are
761     inconsistent with this chapter.
762          (3) An individual or body that makes rules as required or authorized in this chapter
763     shall make the rules:
764          (a) in accordance with Chapter 3, Utah Administrative Rulemaking Act, if the
765     individual or body is subject to Chapter 3, Utah Administrative Rulemaking Act; or
766          (b) in accordance with the established process for making rules or their equivalent, if
767     the individual or body is not subject to Chapter 3, Utah Administrative Rulemaking Act.
768          (4) The rules of the rulemaking authority for the executive branch procurement unit
769     shall require, for each contract and request for proposals, the inclusion of a clause that requires

770     the issuing procurement unit, for the duration of the contract, to make available contact
771     information of the winning contractor to the Department of Workforce Services in accordance
772     with Section 35A-2-203. This requirement does not preclude a contractor from advertising job
773     openings in other forums throughout the state.
774          (5) The Department of Transportation may make rules governing the procurement of a
775     highway construction project or highway improvement project.
776          (6) The rulemaking authority for a public transit district may make rules governing the
777     procurement of a transit construction project or a transit improvement project.
778          Section 16. Section 63G-6a-107.8 is amended to read:
779          63G-6a-107.8. Facilities division report to legislative interim committee.
780          The [building board] facilities division shall make a report on or before July 1 of each
781     year to a legislative interim committee designated by the Legislative Management Committee,
782     created under Section 36-12-6, on the establishment, implementation, and enforcement of the
783     rules made by the [building board] facilities division under this chapter.
784          Section 17. Section 79-4-607 is amended to read:
785          79-4-607. Utahraptor State Park.
786          (1) As used in this section, "Dalton Wells" means the land located in the area known as
787     Dalton Wells and fully described by the map and legal description on file with the division.
788          (2) The division may:
789          (a) receive donations of land or facilities in the Dalton Wells area for the creation of,
790     and inclusion within, Utahraptor State Park;
791          (b) engage in land transfers for land in the Dalton Wells area for inclusion in
792     Utahraptor State Park; or
793          (c) purchase land or facilities in the Dalton Wells area for inclusion in Utahraptor State
794     Park.
795          (3) Utahraptor State Park shall be included within the state park system.
796          (4) The division may not open Utahraptor State Park to the public for use as a state
797     park until the division has received sufficient funding from the [State Building Board] Division
798     of Facilities Construction and Management or from the General Fund to provide for capital
799     improvements and any necessary land acquisitions.
800          (5) Land acquisitions and capital investments will be made at the park in a way that

801     allows Utahraptor State Park to remain financially self-sustaining.
802          (6) Ongoing operations at Utahraptor State Park shall be funded through the Division
803     of Parks and Recreation's restricted fees account.