1     
STATE OLYMPIC COORDINATION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jon Hawkins

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Olympic and Paralympic Winter Games
10     Coordination Committee and the Olympic and Paralympic Venues Grant Fund.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to the duties of the Division of Facilities Construction
14     and Management;
15          ▸     modifies definitions;
16          ▸     permits the Division of Facilities Construction and Management to seek
17     non-binding recommendations from the Olympic and Paralympic Winter Games
18     Coordination Committee regarding the Olympic and Paralympic Venues Grant Fund
19     and grants from the fund; and
20          ▸     requires the division to provide reports to the committee regarding the fund and its
21     activities.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          63A-5b-303 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapter
29     329
30          63A-5b-303 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters
31     329, 394
32          63G-28-101, as enacted by Laws of Utah 2023, Chapter 14
33          63G-28-202, as enacted by Laws of Utah 2023, Chapter 14
34          63G-28-302, as renumbered and amended by Laws of Utah 2023, Chapter 14
35     ENACTS:
36          63G-28-204, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 63A-5b-303 (Superseded 07/01/24) is amended to read:
40          63A-5b-303 (Superseded 07/01/24). Duties and authority of division.
41          (1) (a) The division shall:
42          (i) subject to Subsection (1)(b), supervise and control the allocation of space, in
43     accordance with legislative directive through annual appropriations acts, other legislation, or
44     statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except
45     as provided in Subsection (3) or as otherwise provided by statute;
46          (ii) assure the efficient use of all building space under the division's supervision and
47     control;
48          (iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by
49     the state or an agency, as authorized by the Legislature through an appropriation act, other
50     legislation, or statute, subject to Subsection (1)(c);
51          (iv) except as otherwise provided by statute, hold title to all real property, buildings,
52     fixtures, and appurtenances owned by the state or an agency;
53          (v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
54     title to or an interest in property belonging to the state or to the state's departments, except
55     institutions of higher education and the trust lands administration;
56          (vi) (A) periodically conduct a market analysis of proposed rates and fees; and
57          (B) include in a market analysis a comparison of the division's rates and fees with the
58     rates and fees of other public or private sector providers of comparable services, if rates and
59     fees for comparable services are reasonably available;
60          (vii) fulfill the division's responsibilities under Part 10, Energy Conservation and
61     Efficiency, including responsibilities:
62          (A) to implement the state building energy efficiency program under Section
63     63A-5b-1002; and
64          (B) related to the approval of loans from the State Facility Energy Efficiency Fund
65     under Section 63A-5b-1003;
66          (viii) administer grants from the Olympic and Paralympic Venues Grant Fund created
67     in Section 63G-28-302 and provide reports to the Olympic and Paralympic Winter Games
68     Coordination Committee as provided in Section 63G-28-202 and Section 63G-28-204;
69          [(viii)] (ix) convey, lease, or dispose of the real property, water rights, or water shares
70     associated with the Utah State Developmental Center if directed to do so by the Utah State
71     Developmental Center board, as provided in Subsection 26B-6-507(2); and
72          [(ix)] (x) take all other action that the division is required to do under this chapter or
73     other applicable statute.
74          (b) In making an allocation of space under Subsection (1)(a)(i), the division shall
75     conduct one or more studies to determine the actual needs of each agency.
76          (c) The division may, without legislative approval, acquire title to real property for use
77     by the state or an agency if the acquisition cost does not exceed $500,000.
78          (2) The division may:
79          (a) sue and be sued;
80          (b) as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or
81     otherwise, and hold real or personal property necessary for the discharge of the division's
82     duties; and
83          (c) take all other action necessary for carrying out the purposes of this chapter.
84          (3) (a) The division may not supervise or control the allocation of space for an entity in
85     the public education system.
86          (b) The supervision and control of the legislative area is reserved to the Legislature.
87          (c) The supervision and control of capitol hill facilities and capitol hill grounds is
88     reserved to the State Capitol Preservation Board.
89          (d) (i) Subject to Subsection (3)(d)(ii), the supervision and control of the allocation of
90     space for an institution of higher education is reserved to the Utah Board of Higher Education.
91          (ii) The Utah Board of Higher Education shall consult and cooperate with the division
92     in the establishment and enforcement of standards for the supervision and control of the
93     allocation of space for an institution of higher education.
94          (e) (i) Subject to Subsection (3)(e)(ii), the supervision and control of the allocation of
95     space for the courts of record listed in Subsection 78A-1-101(1) is reserved to the
96     Administrative Office of the Courts referred to in Subsection 78A-2-108(3).
97          (ii) The Administrative Office of the Courts shall consult and cooperate with the
98     division in the establishment and enforcement of standards for the supervision and control of
99     the allocation of space for the courts of record listed in Subsection 78A-1-101(1).
100          (4) Before the division charges a rate, fee, or other amount for a service provided by
101     the division's internal service fund to an executive branch agency, or to a service subscriber
102     other than an executive branch agency, the division shall:
103          (a) submit an analysis of the proposed rate, fee, or other amount to the rate committee
104     created in Section 63A-1-114; and
105          (b) obtain the approval of the Legislature as required by Section 63J-1-410 or
106     63J-1-504.
107          Section 2. Section 63A-5b-303 (Effective 07/01/24) is amended to read:
108          63A-5b-303 (Effective 07/01/24). Duties and authority of division.
109          (1) (a) The division shall:
110          (i) subject to Subsection (1)(b), supervise and control the allocation of space, in
111     accordance with legislative directive through annual appropriations acts, other legislation, or
112     statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except
113     as provided in Subsection (3) or as otherwise provided by statute;
114          (ii) assure the efficient use of all building space under the division's supervision and
115     control;
116          (iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by
117     the state or an agency, as authorized by the Legislature through an appropriation act, other
118     legislation, or statute, subject to Subsection (1)(c);
119          (iv) except as otherwise provided by statute, hold title to all real property, buildings,
120     fixtures, and appurtenances owned by the state or an agency;
121          (v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
122     title to or an interest in property belonging to the state or to the state's departments, except
123     institutions of higher education and the trust lands administration;
124          (vi) (A) periodically conduct a market analysis of proposed rates and fees; and
125          (B) include in a market analysis a comparison of the division's rates and fees with the
126     rates and fees of other public or private sector providers of comparable services, if rates and
127     fees for comparable services are reasonably available;
128          (vii) fulfill the division's responsibilities under Part 10, Energy Conservation and
129     Efficiency, including responsibilities:
130          (A) to implement the state building energy efficiency program under Section
131     63A-5b-1002; and
132          (B) related to the approval of loans from the State Facility Energy Efficiency Fund
133     under Section 63A-5b-1003;
134          (viii) administer grants from the Olympic and Paralympic Venues Grant Fund created
135     in Section 63G-28-302 and provide reports to the Olympic and Paralympic Winter Games
136     Coordination Committee as provided in Section 63G-28-202 and Section 63G-28-204;
137          [(viii)] (ix) convey, lease, or dispose of the real property, water rights, or water shares
138     associated with the Utah State Developmental Center if directed to do so by the Utah State
139     Developmental Center board, as provided in Subsection 26B-6-507(2); and
140          [(ix)] (x) take all other action that the division is required to do under this chapter or
141     other applicable statute.
142          (b) In making an allocation of space under Subsection (1)(a)(i), the division shall
143     conduct one or more studies to determine the actual needs of each agency.
144          (c) The division may, without legislative approval, acquire title to real property for use
145     by the state or an agency if the acquisition cost does not exceed $500,000.
146          (2) The division may:
147          (a) sue and be sued;
148          (b) as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or
149     otherwise, and hold real or personal property necessary for the discharge of the division's
150     duties; and
151          (c) take all other action necessary for carrying out the purposes of this chapter.
152          (3) (a) The division may not supervise or control the allocation of space for an entity in
153     the public education system.
154          (b) The supervision and control of the legislative area is reserved to the Legislature.
155          (c) The supervision and control of capitol hill facilities and capitol hill grounds is
156     reserved to the State Capitol Preservation Board.
157          (d) (i) Subject to Subsection (3)(d)(ii), the supervision and control of the allocation of
158     space for an institution of higher education is reserved to the Utah Board of Higher Education.
159          (ii) The Utah Board of Higher Education shall consult and cooperate with the division
160     in the establishment and enforcement of standards for the supervision and control of the
161     allocation of space for an institution of higher education.
162          (e) (i) Subject to Subsection (3)(e)(ii), the supervision and control of the allocation of
163     space for the courts of record listed in Subsection 78A-1-101(1) is reserved to the
164     Administrative Office of the Courts described in Section 78A-2-108.
165          (ii) The Administrative Office of the Courts shall consult and cooperate with the
166     division in the establishment and enforcement of standards for the supervision and control of
167     the allocation of space for the courts of record listed in Subsection 78A-1-101(1).
168          (4) Before the division charges a rate, fee, or other amount for a service provided by
169     the division's internal service fund to an executive branch agency, or to a service subscriber
170     other than an executive branch agency, the division shall:
171          (a) submit an analysis of the proposed rate, fee, or other amount to the rate committee
172     created in Section 63A-1-114; and
173          (b) obtain the approval of the Legislature as required by Section 63J-1-410 or
174     63J-1-504.
175          Section 3. Section 63G-28-101 is amended to read:
176          63G-28-101. Definitions.
177          As used in this chapter:
178          (1) "Division" means the Division of Facilities Construction and Management created
179     in Section 63A-5b-301.
180          (2) "Fund" means the Olympic and Paralympic Venues Grant Fund.
181          (3) "Games" means the 2030 or 2034 Olympic and Paralympic Winter Games.
182          [(2)] (4) "Games committee" means the Olympic and Paralympic Winter Games
183     Coordination Committee created in Section 63G-28-201.
184          [(3)] (5) "Host agreement" means an agreement with a site selection committee that is
185     made in connection with the selection of the state for the location of the games.
186          [(4)] (6) "Host assurance" means a written assurance to a site selection committee that
187     is made in connection with the selection of the state for the location of the games.
188          [(5)] (7) "Host committee" means a nonprofit corporation, including a successor in
189     interest, that may:
190          (a) provide an application and bid to a site selection committee for selection of the state
191     as the location of the games; and
192          (b) execute an agreement with the United States Olympic and Paralympic Committee
193     regarding a bid and the bid process to host the games.
194          [(6)] (8) "Site selection committee" means the International Olympic Committee or the
195     International Paralympic Committee.
196          [(7)] (9) "State security" means a financial obligation undertaken by the state under a
197     host agreement.
198          Section 4. Section 63G-28-202 is amended to read:
199          63G-28-202. Games committee duties.
200          (1) The games committee shall:
201          [(1)] (a) review issues related to:
202          [(a)] (i) the state's bid to host or hosting of the games;
203          [(b)] (ii) the impact of hosting the games on the state; and
204          [(c)] (iii) any state security;
205          [(2)] (b) review a report provided to the games committee under Section 63G-28-203;
206          [(3)] (c) review a host agreement or host assurance provided to the games committee
207     under Section 63G-28-401; and
208          [(4)] (d) make recommendations to the Legislature regarding a host agreement, a host
209     assurance, and the state's role in hosting the games.
210          (2) The games committee may, during a regular meeting of the games committee, or a
211     meeting scheduled by the games committee at the request of the division, provide
212     recommendations regarding the fund and grants from the fund.
213          Section 5. Section 63G-28-204 is enacted to read:
214          63G-28-204. Olympic and Paralympic Venues Grant Fund reports to games
215     committee.
216          (1) At least once a year and at the request of the games committee, the division shall
217     provide a report to the games committee that:
218          (a) provides an update on the balances and condition of the fund;
219          (b) provides a summary of all grants being considered and grants awarded from the
220     fund since the last report;
221          (c) lists in detail, for each grant awarded since the last report, the grant recipient, the
222     amount of the grant, the purpose of the grant, and the terms of the grant; and
223          (d) discusses other matters related to the fund.
224          (2) At the request of the division, the games committee may meet to review or provide
225     recommendations to the division in relation to a potential grantee or other matters relating to
226     the fund.
227          Section 6. Section 63G-28-302 is amended to read:
228          63G-28-302. Olympic and Paralympic Venues Grant Fund.
229          (1) [(a) (i)] (a) There is created an expendable special revenue fund known as the
230     "Olympic and Paralympic Venues Grant Fund."
231          [(ii)] (b) The fund shall consist of:
232          [(A)] (i) money appropriated to the fund by the Legislature;
233          [(B)] (ii) money donated to the fund from public or private individuals or entities; and
234          [(C)] (iii) interest on fund money.
235          (2) (a) The division shall award grants from the fund to a venue operator to provide
236     funding for construction, improvements, and repairs to a venue.
237          (b) The division may request or consider recommendations from the games committee
238     when considering a grant as provided in Section 63G-28-202 and Section 63G-28-204.
239          (3) A venue operator's application for a grant award under this section shall include:
240          (a) the number of venues the venue operator plans to construct, improve, or repair;
241          (b) the venue operator's proposed improvements, repairs, or construction plans for a
242     venue;
243          (c) the estimated cost of the venue operator's proposed improvements, repairs, or
244     construction plans for a venue;
245          (d) any plan to use funding sources in addition to a grant award under this section to
246     construct, improve, or repair a venue;
247          (e) the amount of the requested grant award to fund the construction, improvements, or
248     repairs for each venue; and
249          (f) existing or planned contracts or partnerships between the venue operator and other
250     individuals or entities to complete venue construction, improvements, or repairs.
251          (4) The division may only award and distribute a grant award to a venue operator that
252     submits an application in accordance with Subsection (3).
253          (5) (a) As a condition of an award of a grant, the venue operator shall sign an
254     agreement with the division governing:
255          (i) the venue operator's responsibilities for expending the grant award; and
256          (ii) the division's and the state's right to review and audit the venue operator's use of the
257     grant award and the venue operator's performance under the grant award.
258          (b) The division shall ensure that the agreement contains:
259          (i) a requirement for an annual report and the required contents of the report in
260     accordance with Subsection (6)(b);
261          (ii) a right for the division or the division's designee to visit and inspect the venue as
262     often as needed before, during, and after construction or improvements, or repairs begin or are
263     complete; and
264          (iii) an absolute right for the division, the state auditor, and the legislative auditor to
265     access and audit the financial records relevant to the grant award.
266          (6) (a) A venue operator that receives a grant award under this section may only use the
267     grant award to construct, improve, or repair a venue.
268          (b) A venue operator that receives a grant award under this section shall annually file a
269     report with the division that details for the immediately preceding calendar year:
270          (i) the construction, improvements, and repairs, in process or completed, that were
271     wholly or partially funded by a grant award under this section;
272          (ii) the total dollar amount expended from the grant award;
273          (iii) an itemized accounting that describes how the venue operator expended the grant
274     award;
275          (iv) the intended use for a grant award that has not been expended; and
276          (v) the results of any evaluations of venue construction, improvements, or repairs.
277          Section 7. Effective date.
278          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
279          (2) The actions affecting Section 63A-5b-303 (Effective 07/01/24) take effect on July
280     1, 2024.