1     
JOINT RULES RESOLUTION - HIGHER EDUCATION

2     
OPERATION AND MAINTENANCE COSTS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Ann Millner

6     
House Sponsor: Val L. Peterson

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8     LONG TITLE
9     General Description:
10          This resolution addresses the operation and maintenance costs of higher education
11     capital development projects.
12     Highlighted Provisions:
13          This resolution:
14          ▸     requires the Executive Appropriations Committee to:
15               •     hear a report on construction inflation and the operation and maintenance costs
16     of certain higher education capital development projects; and
17               •     decide whether to address any operation and maintenance costs of the capital
18     development projects; and
19          ▸     makes technical and conforming changes.
20     Special Clauses:
21          None
22     Legislative Rules Affected:
23     AMENDS:
24          JR3-2-402
25     

26     Be it resolved by the Legislature of the state of Utah:
27          Section 1. JR3-2-402 is amended to read:

28          JR3-2-402. Executive appropriations -- Duties -- Base budgets.
29          (1) (a) The Executive Appropriations Committee shall meet no later than the third
30     Wednesday in December to:
31          (i) direct staff as to what revenue estimate to use in preparing budget
32     recommendations, to include a forecast for federal fund receipts;
33          (ii) consider treating above-trend revenue growth as one-time revenue for major tax
34     types and for federal funds;
35          (iii) hear a report on the historical, current, and anticipated status of the following:
36          (A) debt;
37          (B) long term liabilities;
38          (C) contingent liabilities;
39          (D) General Fund borrowing;
40          (E) reserves;
41          (F) fund balances;
42          (G) nonlapsing appropriation balances;
43          (H) cash funded infrastructure investment; and
44          (I) changes in federal funds paid to the state;
45          (iv) hear a report on:
46          (A) the next fiscal year base budget appropriation for Medicaid accountable care
47     organizations according to Utah Code Section [26-18-405.5] 26B-3-203;
48          (B) an explanation of program funding needs;
49          (C) estimates of overall medical inflation in the state; and
50          (D) mandated program changes and their estimated cost impact on Medicaid
51     accountable care organizations;
52          (v) decide whether to set aside special allocations for the end of the session, including
53     allocations:
54          (A) to address any anticipated reduction in the amount of federal funds paid to the
55     state; and
56          (B) of one-time revenue to pay down debt and other liabilities;
57          (vi) (A) hear a report on construction inflation and the ongoing operation and
58     maintenance costs of any capital development project requested by an institution under Utah

59     Code Section 53B-2a-117 or 53B-22-204; and
60          (B) in response to the report described in Subsection (1)(a)(vi)(A), decide whether to
61     adjust the next fiscal year base budget or set aside special allocations for the end of the session;
62          [(vi)] (vii) decide whether to set aside special allocations for legislation that will reduce
63     taxes, including legislation that will reduce one or more tax rates;
64          [(vii)] (viii) subject to Subsection (1)(c), unless waived by majority vote, if the
65     amortization rate as defined in Utah Code Section 49-11-102 for the new fiscal year is less than
66     the amortization rate for the preceding fiscal year, set aside an amount equal to the value of the
67     reduction in the amortization rate;
68          [(viii)] (ix) approve the appropriate amount for each subcommittee to use in preparing
69     its budget;
70          [(ix)] (x) set a budget figure; and
71          [(x)] (xi) adopt a base budget in accordance with Subsection (1)(b) and direct the
72     legislative fiscal analyst to prepare one or more appropriations acts appropriating one or more
73     base budgets for the next fiscal year.
74          (b) In a base budget adopted under Subsection (1)(a), the Executive Appropriations
75     Committee shall set appropriations from the General Fund, the Income Tax Fund, and the
76     Uniform School Fund as follows:
77          (i) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
78     equal to or greater than the current fiscal year ongoing appropriations, the new fiscal year base
79     budget is not changed;
80          (ii) if the next fiscal year ongoing revenue estimates set under Subsection (1)(a)(i) are
81     less than the current fiscal year ongoing appropriations, the new fiscal year base budget is
82     reduced by the same percentage that projected next fiscal year ongoing revenue estimates are
83     lower than the total of current fiscal year ongoing appropriations;
84          (iii) in making a reduction under Subsection (1)(b)(ii), appropriated debt service shall
85     not be reduced, and other ongoing appropriations shall be reduced, in an amount sufficient to
86     make the total ongoing appropriations, including the unadjusted debt service, equal to the
87     percentage calculated under Subsection (1)(b)(ii); and
88          (iv) the new fiscal year base budget shall include an appropriation to the Department of
89     Health for Medicaid accountable care organizations in the amount required by Utah Code

90     Section [26-18-405.5] 26B-3-203.
91          (c) (i) The Executive Appropriations Committee shall:
92          (A) comply with the set aside requirement described in Subsection (1)(a)(vii) using
93     money from the General Fund, Income Tax Fund, and Uniform School Fund;
94          (B) accumulate money set aside under Subsection (1)(a)(vii) across fiscal years; and
95          (C) when the total amount set aside under Subsection (1)(a)(vii), including any amount
96     to be set aside in the new fiscal year, equals or exceeds the cost of a 0.50% increase in
97     benefited state employee salaries for the new fiscal year, include in the base budget an increase
98     in benefited state employee salaries equal to the total set aside amount.
99          (ii) The Executive Appropriations Committee may waive or modify a requirement
100     described in Subsection (1)(c)(i) by majority vote.
101          (d) The chairs of each joint appropriations subcommittee are invited to attend this
102     meeting.
103          (2) All proposed budget items shall be submitted to one of the subcommittees named in
104     JR3-2-302 for consideration and recommendation.
105          (3) (a) After receiving and reviewing subcommittee reports, the Executive
106     Appropriations Committee may refer the report back to a joint appropriations subcommittee
107     with any guidelines the Executive Appropriations Committee considers necessary to assist the
108     subcommittee in producing a balanced budget.
109          (b) The subcommittee shall meet to review the new guidelines and report the
110     adjustments to the chairs of the Executive Appropriations Committee as soon as possible.
111          (4) (a) After receiving the reports, the Executive Appropriations Committee chairs will
112     report them to the Executive Appropriations Committee.
113          (b) The Executive Appropriations Committee shall:
114          (i) make any further adjustments necessary to balance the budget; and
115          (ii) complete all decisions necessary to draft the final appropriations bills no later than
116     the last Friday before the 45th day of the annual general session.
117          Section 2. Effective date.
118          This resolution takes effect upon a successful vote for final passage.