63A-5b - Administration of State Facilities

Title 63A > 63A-5b

Sections (61)

General Provisions

63A-5b-101 - Title.

This chapter is known as “Administration of State Facilities.”

63A-5b-102 - Definitions.

As used in this chapter: 63A-5b-102(1) “Capitol hill” means the same as that term is defined in Section 63O-1-101. 63A-5b-102(2) “Compliance agency” means the same as that term is defined in Section 15A-1-202. 63A-5b-102(3) “Director” means the division director, appointed under Section 63A-5b-302. 63A-5b-102(4) “Division” means the Division of Facilities Construction and Management created in Section 63A-5b-301. 63A-5b-102(5) “Institution of higher education” means the same as that term is defined in Section 53H-1-101. 63A-5b-102(6) “Trust lands administration” means the School and Institutional Trust Lands Administration established in Section 53C-1-201. 63A-5b-102(7) “Utah Board of Higher Education” means the Utah Board of Higher Education established in Section 53H-1-203.

Division of Facilities Construction and Management

63A-5b-301 - Creation — Administration.

There is created within the department the Division of Facilities Construction and Management, to be administered by a director.

63A-5b-302 - Director of division — Appointment.

The executive director shall appoint the director of the division with the approval of the governor.

63A-5b-303 - Duties and authority of division.

63A-5b-303(1) The division shall:subject to Subsection (1)(b), supervise and control the allocation of space, in accordance with legislative directive through annual appropriations acts, other legislation, or statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except as provided in Subsection (3) or as otherwise provided by statute;assure the efficient use of all building space under the division’s supervision and control;acquire title to all real property, buildings, fixtures, and appurtenances for use by the state or an agency, as authorized by the Legislature through an appropriation act, other legislation, or statute, subject to Subsection (1)(c);except as otherwise provided by statute, hold title to all real property, buildings, fixtures, and appurtenances owned by the state or an agency;collect and maintain all deeds, abstracts of title, and all other documents evidencing title to or an interest in property belonging to the state or to the state’s departments, except institutions of higher education and the trust lands administration;periodically conduct a market analysis of proposed rates and fees; andinclude in a market analysis a comparison of the division’s rates and fees with the rates and fees of other public or private sector providers of comparable services, if rates and fees for comparable services are reasonably available;fulfill the division’s responsibilities under Part 10, Energy Conservation and Efficiency, including responsibilitiesto implement the state building energy efficiency program under Section 63A-5b-1002; except as provided in Subsection (2)(c), convey, lease, or dispose of division-owned real property for fair market value, as determined by the division;administer grants from the Olympic and Paralympic Venues Grant Fund created in Section 63G-28-302 and provide reports to the Olympic and Paralympic Winter Games Coordination Committee as provided in Section 63G-28-202 and Section 63G-28-204; andtake all other action that the division is required to do under this chapter or other applicable statute.In making an allocation of space under Subsection (1)(a)(i), the division shall conduct one or more studies to determine the actual needs of each agency.The division may, without legislative approval, acquire title to real property for use by the state or an agency if:the acquisition cost does not exceed $500,000, as estimated by the division; orthe real property is part or all of the consideration received in exchange for division-owned real property conveyed, leased, or disposed of under Subsection (1)(a)(viii). 63A-5b-303(2) The division may:sue and be sued;as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or otherwise, and hold real or personal property necessary for the discharge of the division’s duties; convey, lease, or dispose of vacant division-owned real property for less than fair market value, subject to the requirements of Part 9, Disposal of Division-owned Real Property; andtake all other action necessary for carrying out the purposes of this chapter. 63A-5b-303(3) The division may not supervise or control the allocation of space for an entity in the public education system.The division may not supervise or control capitol hill or any part of capitol hill.Subject to Subsection (3)(c)(ii), the supervision and control of the allocation of space for an institution of higher education is reserved to the Utah Board of Higher Education.The Utah Board of Higher Education shall consult and cooperate with the division in the establishment and enforcement of standards for the supervision and control of the allocation of space for an institution of higher education.Subject to Subsection (3)(d)(ii), the supervision and control of the allocation of space for the courts of record listed in Subsection 78A-1-101(1) is reserved to the Administrative Office of the Courts described in Section 78A-2-108.The Administrative Office of the Courts shall consult and cooperate with the division in the establishment and enforcement of standards for the supervision and control of the allocation of space for the courts of record listed in Subsection 78A-1-101(1). 63A-5b-303(4) Before the division charges a rate, fee, or other amount for a service provided by the division’s internal service fund to an executive branch agency, or to a service subscriber other than an executive branch agency, the division shall:submit an analysis of the proposed rate, fee, or other amount to the rate committee created in Section 63A-1-114; andobtain the approval of the Legislature as required by Section 63J-1-410 or 63J-1-504.

63A-5b-304 - Agencies authorized to hold title — Transfer of real property to a government entity.

63A-5b-304(1) As used in this section:

“Agency property” means real property, as described in Subsection (2), that: is owned by a title agency; and the title agency no longer uses or needs. “Government entity” means: a local government entity, as defined in Section 63A-5b-901; or a state agency, as defined in Section 63A-5b-901. “Title agency” means an agency listed in Subsection (2). 63A-5b-304(2) Notwithstanding Section 63A-5b-303, an agency may hold title to real property that the agency occupies for a purpose other than the agency’s administrative offices, if the agency is:

the Department of Transportation; the Department of Natural Resources; the Department of Workforce Services; the Division of Forestry, Fire, and State Lands; the Utah National Guard; an area vocational center or other institution administered by the State Board of Education; the trust lands administration; or an institution of higher education. 63A-5b-304(3) A title agency is not required to obtain an appraisal of agency property the title agency intends to transfer to a government entity if:

the director of the title agency determines that the transfer is in the best interest of the title agency and the state; and the government entity to which ownership of the agency property is transferred will use the property for a public purpose. 63A-5b-304(4) Subsection (3) does not apply if the title agency is required by law to receive fair market value in exchange for a transfer of agency property to a government entity.

63A-5b-305 - Duties and authority of director.

63A-5b-305(1) The director shall:administer the division’s duties and responsibilities;report all property acquired by the state, except property acquired by an institution of higher education or the trust lands administration, to the director of the Division of Finance for inclusion in the state’s financial records;after receiving the notice required under Subsection 10-2-903(3)(b), file a written protest at or before the public hearing under Subsection 10-2-903(2)(b), if:it is in the best interest of the state to protest the boundary adjustment; orthe Legislature instructs the director to protest the boundary adjustment; andtake all other action that the director is required to take under this chapter or other applicable statute. 63A-5b-305(2) The director may:create forms and make policies necessary for the division or director to perform the division or director’s duties;hire or otherwise procure assistance and service, professional, skilled, or otherwise, necessary to carry out the director’s duties under this chapter; andexpend funds provided for the purpose described in Subsection (2)(b)(i) through annual operation budget appropriations or from other nonlapsing project funds;in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary for the division or director to perform the division or director’s duties; andtake all other action necessary for carrying out the purposes of this chapter.

Development of Capital Facilities

63A-5b-401 - Definitions.

As used in this part: 63A-5b-401(1) “Capital development project” means: a remodeling or site or utility improvement project with a total cost of $3, 500, 000 or m ore; an e w f a c i l i t y w i t ha co n s t r u c t i o n cos t o f$ 500,000 or more; or a purchase of real property if an appropriation is requested and made for the purchase. “Capital development project” does not include a capital improvement project. 63A-5b-401(2) “Capital improvement project” means:

a remodeling, alteration, replacement, repair, or site or utility improvement project: with a total cost of less than $3, 500, 000; or w i t ha t o t a l cos t o f$ 3,500,000 or more; and that will be paid for with funds that are not state funds; a utility infrastructure improvement project that: has a total cost of less than $7, 000, 000; co n s i s t so f tw oor m ore p ro j ec t s t ha t, i fd o n ese p a r a t e l y, w o u l d e a c h cos tl ess t han$ 3,500,000; and the division determines is more cost effective or feasible to be completed as a single project; or a new facility with a total construction cost of less than $500, 000. * * 63 A - 5 b - 401 (3) * * " N e w f a c i l i t y " m e an s an e w b u i l d in g co n s t r u c t e d o n s t a t e p ro p er t yre g a r d l esso f t h eso u rceo f t h e f u n d in g t ha tp a ys f orco n s t r u c t i o n o f t h e n e w b u i l d in g ." N e w f a c i l i t y " in c l u d es : ana dd i t i o n t o an e x i s t in g b u i l d in g; an d t h ee n c l os u reo f s p a ce t ha tw a s n o tp re v i o u s l y f u ll ye n c l ose d ." N e w f a c i l i t y " d oes n o t in c l u d e : t h ere pl a ce m e n t o f s t a t e - o w n e d s p a ce t ha t i s d e m o l i s h e d or t ha t i so t h er w i sere m o v e df ro m s t a t e u se, i f t h e t o t a l co n s t r u c t i o n cos t o f t h ere pl a ce m e n t s p a ce i s l ess t han$ 3,500,000; or the construction of facilities that do not fully enclose a space. 63A-5b-401(4) “Replacement cost” means, as determined by the Division of Risk Management:

for state facilities, excluding auxiliary facilities as defined by the director, the cost to replace those facilities; and for infrastructure, as defined by the director, the cost to replace the infrastructure. 63A-5b-401(5) “State funds” means public money appropriated by the Legislature.

63A-5b-402 - Capital development process — Approval requirements.

63A-5b-402(1) Except as provided in Section 63A-5b-404, the division shall, on behalf of all agencies, submit capital development project recommendations and priorities to the Legislature for approval and prioritization. 63A-5b-402(2) An agency that requests an appropriation for a capital development project shall submit to the division for transmission to the Legislature a capital development project request and a feasibility study relating to the capital development project. 63A-5b-402(3) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish standards and requirements for a capital development project request and feasibility study. The rules shall include: a deadline by which an agency is required to submit a capital development project request; conditions under which an agency may modify the agency’s capital development project request after the agency submits the request, and requirements applicable to a modification; and requirements for the contents of a feasibility study, including:

the need for the capital development project; the appropriateness of the scope of the capital development project; any private funding for the capital development project; and the economic and community impacts of the capital development project. 63A-5b-402(4) The division shall verify the completion and accuracy of a feasibility study that an agency submits under Subsection (2) prior to submitting capital development project recommendations and priorities under Subsection (1).

63A-5b-403 - Institutions of higher education — Capital development projects — Dedicated and nondedicated projects — Recommendations and prioritization.

63A-5b-403(1) As used in this section:“Dedicated project” has the same meaning as that term is defined in:Section 53H-9-601, for a capital development project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; orSection 53H-9-501, for a capital development project under Title 53H, Chapter 9, Part 5, General Capital Developments.”Nondedicated project” has the same meaning as that term is defined in:Section 53H-9-601, for a capital development project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; orSection 53H-9-501, for a capital development project under Title 53H, Chapter 9, Part 5, General Capital Developments. 63A-5b-403(2) The division shall submit recommendations to the Legislature in accordance with:Section 53H-9-604, for a dedicated project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; orSection 53H-9-504, for a dedicated project under Title 53H, Chapter 9, Part 5, General Capital Developments.A dedicated project is not subject to prioritization by the division. 63A-5b-403(3) The division shall prioritize nondedicated projects in accordance with:Section 63A-5b-402; andSection 53H-9-604, for a nondedicated project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; orSection 53H-9-504, for a nondedicated project under Title 53H, Chapter 9, Part 5, General Capital Developments.In the division’s scoring process for prioritizing nondedicated projects, the division shall give more weight to a request that is designated as a higher priority by the Utah Board of Higher Education than a request that is designated as a lower priority by the Utah Board of Higher Education only for determining the order of prioritization among requests submitted by the Utah Board of Higher Education. 63A-5b-403(4) The division shall require that an institution of higher education that submits a request for a capital development project address whether and how, as a result of the project, the institution of higher education will:offer courses or other resources that will help meet demand for jobs, training, and employment in the current market and the projected market for the next five years;respond to individual skilled and technical job demand over the next three, five, and 10 years;respond to industry demands for trained workers;help meet commitments made by the Governor’s Office of Economic Opportunity, including relating to training and incentives;respond to changing needs in the economy; andrespond to demands for online or in-class instruction, based on demographics. 63A-5b-403(5) The division shall:assist institutions of higher education in providing the information required by Subsection (4); andverify the completion and accuracy of the information submitted by an institution of higher education under Subsection (4);assist the Utah Board of Higher Education to fulfill the requirements of Section 53H-9-603 in connection with the finding that the division is required to make under Subsection 53H-9-603(4)(b); andassist the Utah Board of Higher Education in submitting a list of dedicated projects to the division for approval and nondedicated projects to the division for recommendation and prioritization pursuant to Section 53H-9-504.

63A-5b-404 - Exceptions to requirement of legislative approval for capital development projects.

63A-5b-404(1) Except as provided in this section, a capital development project may not be constructed on state property without legislative approval.The division may authorize a capital development project on state property without legislative approval only as provided in this section. 63A-5b-404(2) Legislative approval is not required for a capital development project that consists of the design or construction of a new facility if:the division determines that the requesting agency has provided adequate assurance that state funds will not be used for the design or construction of the facility;the agency provides to the division a written document, signed by the head of the agency:stating that funding or a revenue stream is in place, or will be in place before the project is completed, to ensure that increased state funding will not be required to cover the cost of operations and maintenance for the resulting facility or for immediate or future capital improvements; anddetailing the source of the funding that will be used for the cost of operations and maintenance and for immediate and future capital improvements to the resulting facility; andthe division determines that the use of the state property:is appropriate and consistent with the master plan for the property; andwill not create an adverse impact on the state.For a facility constructed without legislative approval under Subsection (2)(a), an agency may not request:increased state funds for operations and maintenance; orincreased state capital improvement funding. 63A-5b-404(3) Legislative approval is not required for:a facility:to be built with funds other than state funds and owned by an entity other than a state entity; andthat is within a research park area at the University of Utah or Utah State University;a facility to be built at This is the Place State Park by the This is the Place Foundation with funds of the This is the Place Foundation or with donated services or materials and that may include grant money from the state;a project that:is funded by the Uintah Basin Revitalization Fund or the Navajo Revitalization Fund; anddoes not provide a new facility for an agency or institution of higher education; ora project on school and institutional trust lands that:is funded by the trust lands administration from the Land Grant Management Fund; anddoes not fund construction of a new facility for an agency or institution of higher education. 63A-5b-404(4) Legislative approval is not required for a capital development project to be built for the Department of Transportation resulting from:an exchange of real property under Section 72-5-111; ora sale or exchange of real property from a maintenance facility if the proceeds from the sale of the real property are used for, or the real property is exchanged for:real property for another maintenance facility; oranother maintenance facility, including improvements for a maintenance facility.If the Department of Transportation approves a sale or exchange under Subsection (4)(a) for a capital development project subject to the board’s approval, the Department of Transportation shall notify the president of the Senate, the speaker of the House of Representatives, and the cochairs of the Transportation and Infrastructure Appropriations Subcommittee of the Legislature’s Joint Appropriations Committee about any new facilities to be built or improved.

63A-5b-405 - Capital improvement projects.

63A-5b-405(1) On or before January 15 of each year, the division shall, on behalf of all agencies, submit a list of anticipated capital improvement project requirements to the Legislature. The division shall ensure that the capital improvements project list identifies: each single capital improvement project that costs more than $1, 000, 000; e a c hm u lt i pl ec a p i t a l im p ro v e m e n tp ro j ec tw i t hina s in g l e b u i l d in g or f a c i l i t y t ha t co ll ec t i v e l ycos t s m ore t han$ 1,000,000; each single capital improvement project that will be constructed over multiple years with a yearly cost of $1, 000, 000 or m ore an d ana gg re g a t ecos t o f m ore t han$ 3,500,000; each multiple capital improvement project within a single building or facility with a yearly cost of $1, 000, 000 or m ore an d ana gg re g a t ecos t o f m ore t han$ 3,500,000; each single capital improvement project previously reported to the Legislature as a capital improvement project under $1, 000, 000 t ha t, b ec a u seo f anin cre a se in cos t sorsco p eo f w or k, w i ll n o w cos t m ore t han$ 1,000,000; each multiple capital improvement project within a single building or facility previously reported to the Legislature as a capital improvement project under $1, 000, 000 t ha t, b ec a u seo f anin cre a se in cos t sorsco p eo f w or k, w i ll n o w cos t m ore t han$ 1,000,000; and each capital improvement project described in Subsection 63A-5b-401(3)(c). 63A-5b-405(2) Unless otherwise directed by the Legislature, the division shall prioritize capital improvement projects on the capital improvement project list up to the level of appropriation made by the Legislature. In prioritizing capital improvement projects, the division shall consider the results of facility evaluations completed by an architect or engineer as stipulated by the division’s facilities maintenance standards. In prioritizing capital improvement projects, the division shall allocate at least 90% of the funds that the Legislature appropriates for capital improvement projects to: capital improvement projects that address:

a structural issue; fire safety; a code violation; or any issue that impacts health and safety; capital improvement projects that upgrade:

an HVAC system; an electrical system; essential equipment; an essential building component; or infrastructure, including a utility tunnel, water line, gas line, sewer line, roof, parking lot, or road; or capital improvement projects that demolish and replace an existing building that is in extensive disrepair and cannot be fixed by repair or maintenance. In prioritizing capital improvement projects, the division may not allocate more than 10% of the funds that the Legislature appropriates for capital improvement projects to: remodeling and aesthetic upgrades to meet state programmatic needs; or construct an addition to an existing building or facility. 63A-5b-405(3) The division may require an entity that benefits from a capital improvement project to repay the capital improvement funds from savings that result from the capital improvement project. 63A-5b-405(4) The division may provide capital improvement project funding to a single project or to multiple projects within a single building or facility, even if the total cost of the project or multiple projects is $3,500,000 or more, if:

the capital improvement project is a project described in Subsection 63A-5b-401(3)(c); and the Legislature has not refused to fund the project with capital improvement project funds. 63A-5b-405(5) In developing the capital improvement project list and priorities, the division shall require each agency that requests an appropriation for a capital improvement project to: submit a capital improvement project request; and complete and submit a project scoping document. A project scoping document under Subsection (5)(a)(ii) shall address: the need for the capital improvement project; and the appropriateness of the scope of the capital improvement project. The division shall verify the completion and accuracy of a project scoping document that an agency submits under Subsection (5)(a)(ii). 63A-5b-405(6) Except for this Subsection (6), this section does not apply to a capital improvement project described in Subsection 63A-5b-401(2)(a)(ii).

63A-5b-406 - Limitations on new projects.

63A-5b-406(1) The Legislature may authorize:

the total square footage to be occupied by each agency; and the total square footage and total cost of lease space for each agency. 63A-5b-406(2) If construction of a new building or facility will require an immediate or future increase in state funding for operations and maintenance or for capital improvements, the Legislature may not authorize the new building or facility until the Legislature appropriates funds for:

the portion of operations and maintenance, if any, that will require an immediate or future increase in state funding; and the portion of capital improvements, if any, that will require an immediate or future increase in state funding. 63A-5b-406(3) Except as provided in Subsections (3)(b) and (c), the Legislature may not fund the design or construction of any new capital development project, except to complete the funding of a project for which partial funding has been previously provided, until the Legislature has appropriated 1.1% of the replacement cost of existing state facilities and infrastructure to capital improvements. If the Legislature determines that there exists an Income Tax Fund budget deficit, as defined in Section 63J-1-312, or a General Fund budget deficit, as defined in Section 63J-1-312, the Legislature may, in eliminating the deficit, reduce the amount appropriated to capital improvements to 0.9% of the replacement cost of state buildings and infrastructure. Subsection (3)(a) does not apply to a dedicated project as defined in Section 63A-5b-403. 63A-5b-406(4) Except as provided in Subsection (4)(a)(ii), the Legislature may not fund the design and construction of a new facility in phases over more than one year unless the Legislature approves the funding for both the design and construction by a vote of two-thirds of all the members elected to each house. Subsection (4)(a)(i) does not apply to a dedicated project as defined in Section 63A-5b-403. An agency shall receive approval from the director before the agency begins programming for a new facility: that requires legislative approval; or to be built under Subsection 63A-5b-404(2). The division or an agency may fund the programming of a new facility before the Legislature makes an appropriation for the new facility under Subsection (4)(a). 63A-5b-406(5) The director, with the approval of the Office of the Legislative Fiscal Analyst, shall develop standard forms to present capital development project and capital improvement project cost summary data. The director shall: within 30 days after the completion of each capital development project, submit cost summary data for the project on the standard form to the Office of the Legislative Fiscal Analyst; and upon request, submit cost summary data for a capital improvement project to the Office of the Legislative Fiscal Analyst on the standard form. 63A-5b-406(6) After the Legislature approves capital development project priorities under Section 63A-5b-402 and capital improvement project priorities under Section 63A-5b-405, the director may reallocate capital development project or capital improvement project funds to address a critical need for a capital improvement project: if an emergency arises that creates an unforeseen and critical need for the capital improvement project; and notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures Act. The director shall report any changes the director makes in capital development project or capital improvement project allocations approved by the Legislature to: the Office of the Legislative Fiscal Analyst within 30 days after the reallocation; and the Legislature at the Legislature’s next annual general session.

63A-5b-407 - State Agency Capital Development Fund — Creation — Process.

63A-5b-407(1) There is created a capital projects fund known as the State Agency Capital Development Fund.The State Agency Capital Development Fund and this section do not apply to an institution of higher education. 63A-5b-407(2) The State Agency Capital Development Fund is funded from the following sources:one-time appropriations made to the State Agency Capital Development Fund by the Legislature;ongoing appropriations made by the Legislature; orrevenue received from the sale, lease, or disposition of any state agency building or property associated with the implementation of the Statewide Master Plan for State Agencies as described in Subsection (7). 63A-5b-407(3) Subject to Subsection (4), and subject to appropriation by the Legislature, the division may use the money deposited into the State Agency Capital Development Fund for capital development projects, capital improvement projects, and to design, renovate, or construct facilities for state agencies. 63A-5b-407(4) Before the division spends or commits money from the State Agency Capital Development Fund, in accordance with Sections 63A-5b-402, 63A-5b-405, and 63A-5b-501, the division shall present to the Transportation and Infrastructure Appropriations Subcommittee:a description of each project for which the division will spend the money; andthe amount of money needed for each project.Following a presentation described in Subsection (4)(a), the Transportation and Infrastructure Appropriations Subcommittee shall recommend to the Legislature appropriations of money from the State Agency Capital Development Fund to the division for approved projects in the division’s plan.In accordance with this section, the division is required to receive legislative approval through an appropriations act in order to expend money in the State Agency Capital Development Fund for a capital development project. 63A-5b-407(5) In the 2024 General Session of the Legislature, and each year thereafter, and in accordance with Sections 63A-5b-402, 63A-5b-405, and 63A-5b-501, the division shall present a five-year building plan to the Transportation and Infrastructure Appropriations Subcommittee that describes the division’s anticipated plan for designing, renovating, or building state agency facilities. 63A-5b-407(6) The division may not submit a request to the Transportation and Infrastructure Appropriations Subcommittee for funding from the State Agency Capital Development Fund unless:the project complies with the Statewide Master Plan for State Agencies; andthe division first obtains approval from the Governor’s Office of Planning and Budget. 63A-5b-407(7) If a building is vacated by an agency and the agency moves to another building, proceeds from the sale or lease of the vacated building:may not be used by the agency or otherwise absorbed into the agency’s budget; andshall be deposited into the State Agency Capital Development Fund described in this section.

Planning and Programming

63A-5b-501 - Five-year building plan.

63A-5b-501(1) The director shall:

in cooperation with agencies, prepare a master plan of structures built or contemplated; submit to the governor and the Legislature a comprehensive five-year building plan for the state containing the information required by Subsection (2); amend and keep current the five-year building plan that complies with the requirements described in Subsection (2), for submission to the governor and subsequent legislatures; and as part of the long-range plan, recommend to the governor and Legislature any changes in the law that are necessary to ensure an effective, well-coordinated building program for all agencies. 63A-5b-501(2) The director shall ensure that the five-year building plan required by Subsection (1)(b) includes: a list that prioritizes construction of new buildings for all structures built or contemplated based upon each agency’s present and future needs; information and space use data for all state-owned and leased facilities; substantiating data to support the adequacy of any projected plans; a summary of all statewide contingency reserve and project reserve balances as of the end of the most recent fiscal year; a list of buildings that have completed a comprehensive facility evaluation by an architect or engineer or are scheduled to have an evaluation; for those buildings that have completed the evaluation, the estimated costs of needed improvements; and for projects recommended in the first two years of the five-year building plan:

detailed estimates of the cost of each project; the estimated cost to operate and maintain the building or facility on an annual basis; the cost of capital improvements to the building or facility, estimated at 1.1% of the replacement cost of the building or facility, on an annual basis; the estimated number of new agency full-time employees expected to be housed in the building or facility; the estimated cost of new or expanded programs and personnel expected to be housed in the building or facility; the estimated lifespan of the building with associated costs for major component replacement over the life of the building; and the estimated cost of any required support facilities. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director may make rules prescribing the format for submitting the information required by this Subsection (2). 63A-5b-501(3) To provide adequate information to enable the director to make a recommendation described in Subsection (1), an agency requesting new full-time employees for the next fiscal year shall report those anticipated requests to the director at least 90 days before the annual general session in which the request is made.

63A-5b-502 - Programming.

63A-5b-502(1) As used in this section:

“Program document” means a final document that contains programming information. “Programming” means services to define the scope and purpose of an anticipated project, and may include: researching criteria applicable to the scope and purpose of an anticipated project; identifying the scale of the project and the type of facilities and the level of specialized functions that will be required; identifying and prioritizing values and goals that will impact the project, including institutional purposes, growth objectives, and cultural, technological, temporal, aesthetic, symbolic, economic, environmental, safety, sustainability, and other relevant criteria; evaluating functional efficiency, user comfort, building economics, environmental sustainability, and visual quality; identifying objectives for the project, including such elements as image, efficiencies, functionality, cost, and schedule; identifying and evaluating the constraints that will have an impact on the project such as legal requirements, financial constraints, location, access, visibility, and building services; developing standards such as area allowances, space allocation, travel distances, and furniture and equipment requirements; establishing general space quality standards related to such elements as lighting levels, equipment performance, acoustical requirements, security, and aesthetics; identifying required spaces; establishing sizes and relationships; establishing space efficiency factors or the ratio of net square footage to gross square footage; and documenting particular space requirements such as special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. 63A-5b-502(2) A program document may:

incorporate written and graphic materials; and include: an executive summary; documentation of the methodology used to develop the programming; value and goal statements; relevant facts upon which the programming was based; conclusions derived from data analysis; relationship diagrams; flow diagrams; matrices identifying space allocations and relationships; space listings by function and size; and space program sheets, including standard requirements and special HVAC, plumbing, power, lighting, acoustical, furnishings, equipment, or security needs. 63A-5b-502(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director may make rules:

establishing the types of projects for which programming and a program document are required; establishing the scope of programming required for defined categories of projects; establishing the circumstances under which an agency must obtain authorization from the director to engage in programming; governing the funding of programming; relating to the administration of programming; and regarding any restrictions that may be imposed on a person involved in programming from participating in the preparation of construction documents for a project that is the subject of the programming.

63A-5b-503 - Planning Fund expenditures authorized — Ceiling on expenditures — Recovery.

63A-5b-503(1) The Planning Fund shall be used to make payments for engineering, architectural, and other planning expenses necessary to make a meaningful cost estimate of any facility or improvement with a demonstrable or immediate need. 63A-5b-503(2) The director may make expenditures from the Planning Fund in order to provide planning information to the governor and the Legislature, up to a maximum of $350,000 in outstanding Planning Fund commitments. 63A-5b-503(3) The director shall authorize all payments made from the Planning Fund. Payments from the Planning Fund shall be a charge on the project for which they were drawn. If the Legislature appropriates money for a building project for which planning costs have previously been paid from the Planning Fund, the director shall credit that amount to the Planning Fund. 63A-5b-503(4) The director may expend money from the Planning Fund for architectural and engineering services incident to the planning and preparation of applications for funds on construction financed by other than state sources, including federal grants. Upon approval of financing referred to in Subsection (4)(a), the director shall reimburse to the Planning Fund the money spent for architectural and engineering services.

Design and Construction

63A-5b-601 - Definitions.

As used in this part: 63A-5b-601(1) “Facility” means any building, structure, or other improvement that is constructed: on property that the state or any of the state’s departments, commissions, institutions, or agencies owns; or by the state or any of the state’s departments, commissions, institutions, or agencies on property that the state does not own. “Facility” does not mean an unoccupied structure that is a component of the state highway system. 63A-5b-601(2) “Local government” means the county, municipality, or local school district that would have jurisdiction to act as the compliance agency if the division did not have jurisdiction to act as the compliance agency.

63A-5b-602 - Design criteria, standards, and procedures.

63A-5b-602(1) The director shall establish design criteria, standards, and procedures for the planning, design, and construction of a new facility and for improvements to an existing facility, including life-cycle costing, cost-effectiveness studies, and other methods and procedures that address:

the need for the facility; the effectiveness of the facility’s design; the efficiency of energy use; and the usefulness of the facility over the facility’s lifetime. 63A-5b-602(2) Before proceeding with construction, the director and the officials charged with the administration of the affairs of the particular agency shall approve the location, design, plans, and specifications. 63A-5b-602(3) The director shall prepare or have prepared by one or more private persons the designs, plans, and specifications for the projects administered by the division. 63A-5b-602(4) Before construction may begin, the director shall review the design of projects exempted from the division’s administration under Section 63A-5b-604 to determine if the design:

complies with any restrictions placed on the project by the director; and is appropriate for the purpose and setting of the project. 63A-5b-602(5) Notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures Act, the director may:

accelerate the design of a project funded by an appropriation act passed by the Legislature in the Legislature’s annual general session; use an unencumbered existing account balance to fund that design work; and reimburse the account balance from the amount funded for the project when the appropriation act funding the project becomes effective.

63A-5b-603 - Contracting powers of director — Bids — Retainage.

63A-5b-603(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the director may enter into a contract for any work or professional service that the division may do or have done. 63A-5b-603(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director may make rules establishing circumstances under which bids may be modified when all bids for a construction project exceed available funds as determined by the director. In making the rules described in Subsection (2)(a), the director shall provide for the fair and equitable treatment of bidders. The judgment of the director as to the responsibility and qualifications of a bidder is conclusive, except in case of fraud or bad faith. 63A-5b-603(3) The division shall make all payments to the contractor for completed work in accordance with Section 15-6-2 and pay the interest specified in Section 15-6-3 on any payments that are late. 63A-5b-603(4) If the division retains or withholds a payment on a contract with a private contractor to do work for the division, the division shall retain or withhold and release the payment as provided in Section 13-8-5.

63A-5b-604 - Construction, alteration, and repair of state facilities — Powers of director — Exceptions — Expenditure of appropriations — Compliance agency role.

63A-5b-604(1) Except as provided in this section and Section 63A-5b-1101, the director shall exercise direct supervision over the design and construction of all new facilities, and all alterations, repairs, and improvements to existing facilities, if the total project construction cost, regardless of the funding source, is greater than $100, 000. A s t a t ee n t i t y ma ye x erc i se d i rec t s u p er v i s i o n o v er t h e d es i g nan d co n s t r u c t i o n o f a ll n e w f a c i l i t i es, an d o v er a ll a lt er a t i o n s, re p ai rs, an d im p ro v e m e n t s t oe x i s t in g f a c i l i t i es, i f : t h e t o t a lp ro j ec t co n s t r u c t i o n cos t, re g a r d l esso f t h e f u n d in g so u rces, i s$ 100,000 or less; andthe state entity assures compliance with the division’s forms and contracts and the division’s design, construction, alteration, repair, improvement, and code inspection standards. 63A-5b-604(2) The director may enter into a capital improvement partnering agreement with an institution of higher education that permits the institution of higher education to exercise direct supervision for a capital improvement project with oversight from the division. 63A-5b-604(3) Subject to Subsection (3)(b), the director may delegate control over design, construction, and other aspects of any project to entities of state government on a project-by-project basis.With respect to a delegation of control under Subsection (3)(a), the director may:impose terms and conditions on the delegation that the director considers necessary or advisable to protect the interests of the state; andrevoke the delegation and assume control of the design, construction, or other aspect of a delegated project if the director considers the revocation and assumption of control to be necessary to protect the interests of the state. 63A-5b-604(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director may delegate control over design, construction, and all other aspects of any project to entities of state government on a categorical basis for projects within a particular dollar range and a particular project type.Rules adopted by the director under Subsection (4)(a) may:impose the terms and conditions on categorical delegation that the director considers necessary or advisable to protect the interests of the state;provide for the revocation of the delegation on a categorical basis and for the division to assume control of the design, construction, or other aspect of a category of delegated projects or a specific delegated project if the director considers revocation of the delegation and assumption of control to be necessary to protect the interests of the state;require that a categorical delegation be renewed by the director on an annual basis; andrequire the division’s oversight of delegated projects. 63A-5b-604(5) A state entity to which project control is delegated under this section shall:assume fiduciary control over project finances;assume all responsibility for project budgets and expenditures; andreceive all funds appropriated for the project, including any contingency funds contained in the appropriated project budget.Notwithstanding a delegation of project control under this section, a state entity to which control is delegated is required to comply with the division’s codes and guidelines for design and construction.A state entity to which project control is delegated under this section may not access, for the delegated project, the division’s statewide contingency reserve and project reserve authorized in Section 63A-5b-609.For a facility that will be owned, operated, maintained, and repaired by an entity that is not an agency and that is located on property that the state owns or leases as a tenant, the director may authorize the facility’s owner to administer the design and construction of the project relating to that facility. 63A-5b-604(6) A project for the construction of a new facility and a project for alterations, repairs, and improvements to an existing facility are not subject to Subsection (1) if the project:occurs on property under the jurisdiction of the State Capitol Preservation Board;is within a designated research park at the University of Utah or Utah State University;occurs within the boundaries of This is the Place State Park and is administered by This is the Place Foundation; oris for the creation and installation of art under Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act.Notwithstanding Subsection (6)(a)(iii), the This is the Place Foundation may request the director to administer the design and construction of a project within the boundaries of This is the Place State Park. 63A-5b-604(7) The role of compliance agency under Title 15A, State Construction and Fire Codes Act, shall be filled by:the director, for a project administered by the division;the entity designated by the State Capitol Preservation Board, for a project under Subsection (6)(a)(i);the local government, for a project that is:not subject to the division’s administration under Subsection (6)(a)(ii); oradministered by This is the Place Foundation under Subsection (6)(a)(iii);the compliance agency designated by the director, for a project under Subsection (2), (3), (4), or (5)(d); andfor the installation of art under Subsection (6)(a)(iv), the entity that is acting as the compliance officer for the balance of the project for which the art is being installed.A local government acting as the compliance agency under Subsection (7)(a)(iii) may:only review plans and inspect construction to enforce the state construction code or an approved code under Title 15A, State Construction and Fire Codes Act; andcharge a building permit fee of no more than the amount the local government could have charged if the land upon which the improvements are located were not owned by the state. 63A-5b-604(8) The zoning authority of a local government under Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, or Title 17, Chapter 79, County Land Use, Development, and Management Act, does not apply to the use of property that the state owns or any improvements constructed on property that the state owns, including improvements constructed by an entity other than a state entity.A state entity controlling the use of property that the state owns shall consider any input received from a local government in determining how the property is to be used.

63A-5b-605 - Requirement for bidders to list subcontractors — Changing subcontractors — Bidders as subcontractors.

63A-5b-605(1) As used in this section:

“First-tier subcontractor” means a subcontractor who contracts directly with the prime contractor. “Subcontractor” means a person under contract with a contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property. “Subcontractor” includes a trade contractor or specialty contractor. “Subcontractor” does not include a supplier that provides only materials, equipment, or supplies to a contractor or subcontractor. 63A-5b-605(2) The director shall apply the provisions of this section to achieve fair and competitive bidding and to discourage bid-shopping by contractors. 63A-5b-605(3) On a public construction project, the director shall, except as provided in Subsection (3)(a)(ii), require the apparent lowest three bidders to submit a list of their first-tier subcontractors indicating each first-tier each subcontractor’s name, bid amount, and other information required by rule. A bidder that is not one of the apparent lowest three bidders may also submit a list of the bidder’s first-tier subcontractors containing the information required by this Subsection (3). A bidder is not required to list a first-tier subcontractor if:

the bidder’s total bid is less than $500, 000 an d t h e f i rs t - t i ers u b co n t r a c t o r^{'} s bi d i s l ess t han$ 20,000; or the bidder’s total bid is $500, 000 or m ore an d t h e f i rs t - t i ers u b co n t r a c t o r^{'} s bi d i s l ess t han$ 35,000. A bidder shall submit the list required under this section within 24 hours after the bid opening time, not including Saturday, Sunday, and any state holiday. A list submitted under this section does not limit the director’s right to authorize a change in the listing of any subcontractor. 63A-5b-605(4) The director may not consider a bid submitted by a bidder that fails to submit a list meeting the requirements of this section. 63A-5b-605(5) A bidder shall verify that all subcontractors listed as part of the bidder’s bid are licensed as required by state law. 63A-5b-605(6) After 24 hours after the bid opening, a bidder may change the bidder’s subcontractors only after: receiving permission from the director; and establishing:

that the change is in the best interest of the state; and the reasons for the change that meet the standards established by the director. If the director approves a change in subcontractors that results in a net lower contract price for subcontracted work, the director may require the bidder to reduce the total of the prime contract to reflect the change. 63A-5b-605(7) A bidder may list the bidder as a subcontractor if: the bidder is currently licensed to perform the portion of the work for which the bidder lists the bidder as a subcontractor; and the bidder intends to perform the work of a subcontractor; or the bidder intends to obtain a subcontractor at a later date to perform the work because the bidder was unable to obtain a bid from a qualified subcontractor or from a qualified subcontractor at a cost that the bidder considers to be reasonable. If the bidder intends to perform the work of a subcontractor, the director may, by written request, require that the bidder provide the director with information indicating the bidder’s:

previous experience in the type of work to be performed; and qualifications for performing the work. A bidder shall respond in writing within five business days after receiving the director’s written request under Subsection (7)(b)(i). If the information a bidder submits under Subsection (7)(b)(ii) causes the director to reasonably believe that the bidder’s performance of the portion of the work is likely to result in a substandard finished product, the director shall:

require the bidder to use a subcontractor for the portion of the work in question and obtain the subcontractor bid under the supervision of the director; or reject the bidder’s bid. 63A-5b-605(8) If a bidder intends to obtain a subcontractor at a later date to perform work described in the bidder’s bid, the bidder shall provide documentation with the subcontractor list required under this section: describing the bidder’s efforts to obtain a bid of a qualified subcontractor at a reasonable cost; and explaining why the bidder was unable to obtain a qualified subcontractor bid. If a bidder who intends to obtain a subcontractor at a later date to perform the work described in a bid is awarded a contract, the director: shall supervise the bidder’s efforts to obtain a qualified subcontractor bid; and may not adjust the amount of the contract awarded in order to reflect the actual amount of the subcontractor’s bid. 63A-5b-605(9) The division may not disclose any subcontractor bid amounts obtained under this section until the division has awarded the project to a contractor. 63A-5b-605(10) In addition to all other reasons allowed by statute or rule, the director may reject all bids if all of the bidders whose bids are within the budget of the project fail to submit a subcontractor list as required under this section.

63A-5b-606 - Dispute resolution process — Penalties for fraud or bad faith claim.

63A-5b-606(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules for the division establishing a process for resolving disputes involved with contracts under the division’s procurement authority. 63A-5b-606(2) The director shall consider, and the rules may include:

requirements regarding preliminary resolution efforts between the parties directly involved with the dispute; requirements for the filing of a claim, including notification, time frames, and documentation; identification of the types of costs eligible for allocation and a method for allocating costs among the parties to the dispute; a required time period, not to exceed 60 days, for the resolution of the claim; a provision for an independent hearing officer, panel, or arbitrator to extend the time period for resolution of the claim by not to exceed 60 additional days for good cause; a provision for the extension of required time periods if the claimant agrees; requirements that decisions be issued in writing; provisions for an administrative appeal of a decision; provisions for the timely payment of claims after resolution of the dispute, including any appeals; a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections 63G-4-401 and 63G-4-402; a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section; requirements for claims and disputes to be eligible for the dispute resolution process under this section; the use of an independent hearing officer or panel or the use of arbitration or mediation; and the circumstances under which a subcontractor may file a claim directly with the division. 63A-5b-606(3) A person pursuing a claim under the process established as provided in this section:

is bound by the decision reached under this process, subject to any modification of the decision on appeal; and may not pursue a claim, protest, or dispute under the dispute resolution process established in Title 63G, Chapter 6a, Utah Procurement Code. 63A-5b-606(4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor, subcontractor, or supplier, may be grounds for:

the director to suspend or debar the contractor, subcontractor, or supplier; or the contractor, subcontractor, or supplier to be disciplined by the Division of Professional and Occupational Licensing.

63A-5b-607 - Health insurance requirements — Penalties.

63A-5b-607(1) As used in this section:“Aggregate amount” means the dollar sum of all contracts, change orders, and modifications for a single project.”Change order” means the same as that term is defined in Section 63G-6a-103.”Eligible employee” means an employee, as defined in Section 34A-2-104, who:works at least 30 hours per calendar week; andmeets the employer eligibility waiting period for qualified health insurance coverage provided by the employer.”Health benefit plan” means:the same as that term is defined in Section 31A-1-301; oran employee welfare benefit plan:established under the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq.;for an employer with 100 or more employees; andin which the employer establishes a self-funded or partially self-funded group health plan to provide medical care for the employer’s employees and dependents of the employees.”Qualified health insurance coverage” means the same as that term is defined in Section 26B-3-909.”Subcontractor” means the same as that term is defined in Section 63A-5b-605.”Third party administrator” or “administrator” means the same as that term is defined in Section 31A-1-301. 63A-5b-607(2) Except as provided in Subsection (3), the requirements of this section apply to:a contractor of a design or construction contract with the division if the prime contract is in an aggregate amount of $2, 000, 000 or m ore; an d a s u b co n t r a c t oro f a co n t r a c t oro f a d es i g n orco n s t r u c t i o n co n t r a c tw i t h t h e d i v i s i o ni f t h es u b co n t r a c t i s inana gg re g a t e am o u n t o f$ 1,000,000 or more. 63A-5b-607(3) The requirements of this section do not apply to a contractor or subcontractor if:the application of this section jeopardizes the division’s receipt of federal funds;the contract is a sole source contract, as defined in Section 63G-6a-103; orthe contract is the result of an emergency procurement. 63A-5b-607(4) A person who intentionally uses a change order, contract modification, or multiple contracts to circumvent the requirements of this section is guilty of an infraction. 63A-5b-607(5) A contractor that is subject to the requirements of this section shall:make and maintain an offer of qualified health coverage for the contractor’s eligible employees and the eligible employees’ dependents; andsubmit to the director a written statement demonstrating that the contractor is in compliance with Subsection (5)(a)(i).A statement under Subsection (5)(a)(ii):shall be from:an actuary selected by the contractor or the contractor’s insurer;an underwriter who is responsible for developing the employer group’s premium rates; orif the contractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by a third party administrator; andmay not be created more than one year before the day on which the contractor submits the statement to the director.A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(b)(i)(C), sufficient information to determine whether the contractor’s contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage.A contractor may not make a change to the contractor’s contribution to the health benefit plan, unless the contractor provides notice to:the actuary or underwriter selected by an administrator, as described in Subsection (5)(b)(i)(C), for the actuary or underwriter to update the written statement described in Subsection (5)(a) in compliance with this section; andthe division. 63A-5b-607(6) A contractor that is subject to the requirements of this section shall:ensure that each contract the contractor enters with a subcontractor that is subject to the requirements of this section requires the subcontractor to obtain and maintain an offer of qualified health coverage for the subcontractor’s eligible employees and the eligible employees’ dependents during the duration of the subcontract; andobtain from a subcontractor referred to in Subsection (6)(a)(i) a written statement demonstrating that the subcontractor offers qualified health coverage to eligible employees and eligible employees’ dependents.A statement under Subsection (6)(a)(ii):shall be from:an actuary selected by the subcontractor or the subcontractor’s insurer;an underwriter who is responsible for developing the employer group’s premium rates; orif the subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator; andmay not be created more than one year before the day on which the contractor obtains the statement from the subcontractor. 63A-5b-607(7) A contractor that fails to maintain an offer of qualified health coverage during the duration of the contract as required in this section is subject to penalties in accordance with administrative rules made by the division under this section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.A contractor is not subject to penalties for the failure of a subcontractor to obtain and maintain an offer of qualified health coverage as required in this section.A subcontractor that fails to obtain and maintain an offer of qualified health coverage during the duration of the subcontract as required in this section is subject to penalties in accordance with administrative rules made by the division under this section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.A subcontractor is not subject to penalties for the failure of a contractor to maintain an offer of qualified health coverage as required in this section. 63A-5b-607(8) The division shall make rules:in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;in coordination with:the Department of Environmental Quality in accordance with Section 19-1-206;the Department of Natural Resources in accordance with Section 79-2-404;a public transit district in accordance with Section 17B-2a-818.5;the State Capitol Preservation Board in accordance with Section 63O-2-403;the Department of Transportation in accordance with Section 72-6-107.5; andthe Legislature’s Rules Review and General Oversight Committee created under Section 36-35-102; andthat establish:the requirements and procedures for a contractor and a subcontractor to demonstrate compliance with this section, including:a provision that a contractor or subcontractor’s compliance with this section is subject to an audit by the division or the Office of the Legislative Auditor General;a provision that a contractor that is subject to the requirements of this section obtain a written statement as provided in Subsection (5); anda provision that a subcontractor that is subject to the requirements of this section obtain a written statement as provided in Subsection (6);the penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of this section, which may include:a three-month suspension of the contractor or subcontractor from entering into a future contract with the state upon the first violation;a six-month suspension of the contractor or subcontractor from entering into a future contract with the state upon the second violation;an action for debarment of the contractor or subcontractor in accordance with Section 63G-6a-904 upon the third or subsequent violation; andmonetary penalties which may not exceed 50% of the amount necessary to purchase qualified health coverage for eligible employees and dependents of eligible employees of the contractor or subcontractor who were not offered qualified health coverage during the duration of the contract; anda website for the department to post the commercially equivalent benchmark for the qualified health coverage that is provided by the Department of Health and Human Services in accordance with Subsection 26B-3-909(2). 63A-5b-607(9) During the duration of a contract, the division may perform an audit to verify a contractor or subcontractor’s compliance with this section. 63A-5b-607(10) Upon the division’s request, a contractor or subcontractor shall provide the division:a signed actuarial certification that the coverage the contractor or subcontractor offers is qualified health coverage; orall relevant documents and information necessary for the division to determine compliance with this section.If a contractor or subcontractor provides the documents and information described in Subsection (10)(a)(i), the Insurance Department shall assist the division in determining if the coverage the contractor or subcontractor offers is qualified health coverage. 63A-5b-607(11) In addition to the penalties imposed under Subsection (7), a contractor or subcontractor that intentionally violates the provisions of this section is liable to an eligible employee for health care costs that would have been covered by qualified health coverage.An employer has an affirmative defense to a cause of action under Subsection (11)(a)(i) if:the employer relied in good faith on a written statement described in Subsection (5) or (6); orthe department determines that compliance with this section is not required under the provisions of Subsection (3).An eligible employee has a private right of action against the employee’s employer only as provided in this Subsection (11). 63A-5b-607(12) The director shall cause money collected from the imposition and collection of a penalty under this section to be deposited into the Medicaid Growth Reduction and Budget Stabilization Account created by Section 63J-1-315. 63A-5b-607(13) The failure of a contractor or subcontractor to provide qualified health coverage as required by this section:may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under:Section 63G-6a-1602; orany other provision in Title 63G, Chapter 6a, Utah Procurement Code; andmay not be used by the procurement entity or a prospective bidder, offeror, or contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design or construction. 63A-5b-607(14) An employer’s waiting period for an employee to become eligible for qualified health coverage may not extend beyond the first day of the calendar month following 60 days after the day on which the employee is hired. 63A-5b-607(15) An administrator, including an administrator’s actuary or underwriter, who provides a written statement under Subsection (5)(a) or (c) regarding the qualified health coverage of a contractor or subcontractor who provides a health benefit plan described in Subsection (1)(d)(ii):subject to Subsection (11)(b), is not liable for an error in the written statement, unless the administrator commits gross negligence in preparing the written statement;is not liable for any error in the written statement if the administrator relied in good faith on information from the contractor or subcontractor; andmay require as a condition of providing the written statement that a contractor or subcontractor hold the administrator harmless for an action arising under this section.

63A-5b-608 - Obligations beyond authorized funding prohibited — Exceptions.

63A-5b-608(1) Unless otherwise specifically instructed by the terms of the appropriation for a particular project, the director shall assure that no obligations beyond the authorized funding are incurred in the construction of any project authorized by the Legislature. 63A-5b-608(2) The director may expend appropriations for statewide projects from funds provided by the Legislature for the purposes and within the guidelines established by the Legislature. 63A-5b-608(3) The director may consent to the drafting of a plan or the awarding of a contract that will exceed in cost the funding currently available for the project only if the Legislature has specifically provided for extending construction of a building or the completion of a project into future fiscal periods.

63A-5b-609 - Expenditure of appropriated funds supervised by director — Contingencies — Disposition of project reserve funds — Set aside for Utah Percent-for-Art Program.

63A-5b-609(1) The director shall:supervise the expenditure of funds in providing plans, engineering specifications, sites, and construction of the buildings for which legislative appropriations are made; andspecifically allocate money appropriated if more than one project is included in any single appropriation without legislative directive;expend the amount necessary from appropriations for planning, engineering, and architectural work; andallocate amounts from appropriations necessary to cover expenditures previously made from the planning fund under Section 63A-5b-503 in the preparation of plans, engineering, and specifications; andreturn the amounts described in Subsection (1)(b)(ii)(A) to the planning fund; andhold in a statewide contingency reserve the amount budgeted for contingencies:in appropriations for the construction or remodeling of facilities; andthat are over and above all amounts obligated by contract for planning, engineering, architectural work, sites, and construction contracts. 63A-5b-609(2) The director shall base the amount budgeted for contingencies on a sliding scale percentage of the construction cost ranging from:4.5% to 6.5% for new construction; and6% to 9.5% for remodeling projects.The director shall hold the statewide contingency funds to cover:costs of change orders; andunforeseen, necessary costs beyond those specifically budgeted for the project.The Legislature shall annually review the percentage and the amount held in the statewide contingency reserve.The Legislature may reappropriate to other building needs, including the cost of administering building projects, any amount from the statewide contingency reserve that is in excess of the reserve required to meet future contingency needs. 63A-5b-609(3) The director shall hold in a separate project reserve state appropriated funds accrued through bid savings and project residual.The director shall account for the funds accrued under Subsection (3)(a) in separate accounts as follows:bid savings and project residual from a capital improvement project, as defined in Section 63A-5b-401; andbid savings and project residual from a capital development project, as defined in Section 63A-5b-401.The director may use project reserve funds in the account described in Subsection (3)(b)(i) for a capital improvement project:approved under Section 63A-5b-405; andfor which funds are not allocated.The director may:authorize the use of project reserve funds in the accounts described in Subsection (3)(b) for the award of contracts in excess of a project’s construction budget if the use is required to meet the intent of the project;transfer money from the account described in Subsection (3)(b)(i) to the account described in Subsection (3)(b)(ii) if a capital development project has exceeded its construction budget; anduse project reserve funds for any emergency capital improvement project, whether or not the emergency capital improvement project is related to a project that has exceeded its construction budget.The director shall report to the Office of the Legislative Fiscal Analyst within 30 days:an expenditure under Subsection (3)(c); ora transfer under Subsection (3)(d).The Legislature shall annually review the amount held in the project reserve for possible reallocation by the Legislature to other building needs, including the cost of administering building projects. 63A-5b-609(4) If any part of the appropriation for a building project, other than the part set aside for the Utah Percent-for-Art Program under Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act, remains unencumbered after the award of construction and professional service contracts and establishing a reserve for fixed and moveable equipment, the balance of the appropriation is dedicated to the project reserve and does not revert to the General Fund. 63A-5b-609(5) One percent of the amount appropriated for the construction of any new state building or facility may be appropriated and set aside for the Utah Percent-for-Art Program administered by the Division of Fine Arts under Title 9, Chapter 6, Part 4, Utah Percent-for-Art Act.The total amount appropriated and set aside under Subsection (5)(a)(i) may not exceed: $200, 000, i f t h e n e w s t a t e b u i l d in g or f a c i l i t y i s n o tl oc a t e d ina co u n t yo f t h e f i rs t c l a ss; an d$ 250,000, if the new state building or facility is located in a county of the first class.The director shall release to the Division of Fine Arts any funds included in an appropriation to the division that are designated by the Legislature for the Utah Percent-for-Art Program.Funds from appropriations for a state building or facility may not be set aside:if any part of the funds is derived from the issuance of bonds; andto the extent the set aside of funds would jeopardize the federal income tax exemption otherwise allowed for interest paid on bonds.

63A-5b-610 - Transfer from project reserve money.

63A-5b-610(1) With the approval of and through an appropriation by the Legislature, the division shall transfer at least $100,000 annually from the project reserve money to the General Fund to pay for personal service expenses associated with the management of construction projects. 63A-5b-610(2) With the approval of and as directed by the Legislature, the division shall transfer additional money from the project reserve money to pay administrative costs associated with the management of construction projects and other division responsibilities.

Operation and Maintenance

63A-5b-701 - Operation and maintenance for state facilities.

63A-5b-701(1) As used in this section, “maintenance functions” means all programs and activities related to the operation and maintenance of a state facility, including preventive maintenance and inspection. 63A-5b-701(2) The director shall direct or delegate maintenance functions for an agency, except for: the State Capitol Preservation Board; and an institution of higher education. The director may delegate responsibility for maintenance functions to an agency only if: the agency requests the responsibility; and the director determines that:

the agency has the necessary resources and skills to comply with maintenance functions standards approved by the director; and the delegation would result in net cost savings to the state as a whole. The State Capitol Preservation Board and an institution of higher education are exempt from division oversight of maintenance functions. An institution of higher education shall comply with the division’s facility maintenance functions standards. 63A-5b-701(3) An institution of higher education shall annually report to the division, in a format required by the division, on the institution of higher education’s compliance with the division’s maintenance functions standards. The division shall: prescribe a standard format for reporting compliance with the division’s maintenance functions standards; report to the Legislature on the compliance or noncompliance with the standards; and conduct periodic audits to ensure that institutions of higher education are complying with the standards and report the results of the audits to the Legislature.

63A-5b-702 - Standards and requirements for state facilities — Life-cycle cost effectiveness.

63A-5b-702(1) As used in this section:“Clean energy system” means a system designed to use solar, wind, geothermal power, wood, hydropower, nuclear, or other clean energy source to heat, cool, or provide electricity to a building.”Life cycle cost-effective” means the most prudent cost of owning, operating, and maintaining a facility, including the initial cost, energy costs, operation and maintenance costs, repair costs, and the costs of energy conservation and clean energy systems. 63A-5b-702(2) The director shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:that establish standards and requirements for determining whether a state facility project is life cycle cost-effective;for the monitoring of an agency’s operation and maintenance expenditures for a state-owned facility;to establish standards and requirements for utility metering;that create an operation and maintenance program for an agency’s facilities;that establish a methodology for determining reasonably anticipated inflationary costs for each operation and maintenance program described in Subsection (2)(d);that require an agency to report the amount the agency receives and expends on operation and maintenance; andthat provide for determining the actual cost for operation and maintenance requests for a new facility. 63A-5b-702(3) The director shall:ensure that state-owned facilities, except for facilities under the control of the State Capitol Preservation Board, are life cycle cost-effective;conduct ongoing facilities audits of state-owned facilities; andmonitor an agency’s operation and maintenance expenditures for state-owned facilities as provided in rules made under Subsection (2)(b). 63A-5b-702(4) An agency shall comply with the rules made under Subsection (2) for new facility requests submitted to the Legislature for a session of the Legislature after the 2017 General Session.The Office of the Legislative Fiscal Analyst and the Governor’s Office of Planning and Budget shall, for each agency with operation and maintenance expenses, ensure that each required budget for the agency is adjusted in accordance with the rules described in Subsection (2)(e).

63A-5b-703 - Agency lease payments.

63A-5b-703(1) Beginning July 1, 2020, the division shall implement a program to charge agencies, except institutions of higher education, lease payments for the agency’s use and occupancy of space within a building. Before July 1, 2020, the division shall: conduct a market analysis of market lease rates for comparable space in buildings comparable to division-owned buildings; and establish lease rates for an agency’s use and occupancy of a division-owned building. The lease rates shall be: consistent with market rates for comparable space in comparable buildings; calculated to cover:

an amortized amount for capital replacement; an amount for capital improvements; and operation and maintenance costs; and in proportion to legislative appropriations. 63A-5b-703(2) In making appropriations to cover lease payments under this section, the Legislature shall create a line item, as defined in Section 63J-1-102, for each agency to fund the lease payments.

Acquisitions of Real Property Interests

63A-5b-801 - Definitions.

As used in this part: 63A-5b-801(1) “Agency optional term” means an option that is exclusively exercisable by a leasing agency to extend the lease term. 63A-5b-801(2) “High-cost lease” means a real property lease that:

has an initial term including any agency optional term of 10 years or more; or will require lease payments of more than $5,000,000 over the term of the lease, including any agency optional term. 63A-5b-801(3) “Leasing agency” means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state. “Leasing agency” does not include: the legislative branch; the judicial branch; and an institution of higher education. 63A-5b-801(4) “Significant lease terms” includes the duration of the lease, the frequency of the periodic payments, a renewal clause, a purchase option, a cancellation clause, a repair and maintenance clause, and a restriction on use of the property.

63A-5b-802 - Leasing responsibilities of the director.

63A-5b-802(1) The director shall:

prepare and submit a yearly request to the governor and Legislature for a designated amount of square footage by type of space to be leased by the division for that fiscal year; lease, in the name of the division, all real property space to be occupied by a leasing agency; in leasing space: use a process consistent with the best interest of the state, the requirements of the leasing agency, and the anticipated use of the property; and comply with any legislative mandates contained in the appropriations act or other legislation; apply the criteria contained in Subsection (1)(f) to prepare a report evaluating each high-cost lease at least 12 months before the lease expires; evaluate each lease under the division’s control and apply the criteria contained in Subsection (1)(f), as applicable, to evaluate the lease; in evaluating leases: determine whether the lease is cost-effective when the needs of the leasing agency to be housed in the leased facilities are considered; determine whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; determine whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability; compare the proposed lease payments to the current market rates, and evaluate whether the proposed lease payments are reasonable under current market conditions; compare proposed significant lease terms to the current market, and recommend whether these proposed terms are reasonable under current market conditions; and if applicable, recommend that the lease or modification to a lease be approved or disapproved; based upon the evaluation, include in the report recommendations that identify viable alternatives to: make the lease cost-effective; or meet the leasing agency’s needs when the lease expires; and upon request, provide the information included in the report to: the leasing agency benefitted by the lease; and the Office of the Legislative Fiscal Analyst. 63A-5b-802(2) The director may:

subject to legislative appropriation, enter into a facility lease with a term of up to 10 years if the length of the lease’s term is economically advantageous to the state; and subject to legislative appropriation, enter into a facility lease with a term of more than 10 years if the length of the lease’s term is economically advantageous to the state.

63A-5b-803 - Reporting of leasing activity.

63A-5b-803(1) The director shall:

prepare a standard form upon which a leasing agency and another state institution or entity can report the current and proposed lease activity of the leasing agency, institution, or entity, including any lease renewal; and develop procedures and mechanisms within the division to: obtain and share information about each leasing agency’s real property needs; and provide oversight and review of lessors and lessees during the term of each lease. 63A-5b-803(2) Each leasing agency, the Administrative Office of the Courts, and the board of trustees for each institution of higher education, shall report all current and proposed lease activity on the standard form prepared by the division to:

the division; and the Office of the Legislative Fiscal Analyst.

63A-5b-804 - Leasing by the Administrative Office of the Courts — Judicial Council approval required for high-cost lease — Director’s responsibilities.

63A-5b-804(1) Before executing a high-cost lease or a modification to a lease that results in a high-cost lease, the Administrative Office of the Courts shall submit a draft of the new lease or modification to:

the Judicial Council; and the director. 63A-5b-804(2) The director shall:

review the draft submitted by the Administrative Office of the Courts; and within 30 days after receiving the draft, submit a report on the draft to: the Judicial Council; and the Office of the Legislative Fiscal Analyst. 63A-5b-804(3) A report under Subsection (2)(b) shall contain:

the director’s opinion about: whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered; whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; and whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability; a comparison of the proposed lease payments to the current market rates, and a recommendation as to whether the proposed lease payments are reasonable under current market conditions; a comparison of proposed significant lease terms to the current market, and a recommendation as to whether the proposed terms are reasonable under current market conditions; and a recommendation from the director that the lease or modification to a lease be approved or disapproved. 63A-5b-804(4) The Administrative Office of the Courts may not execute a new high-cost lease or modification to an existing lease that will result in a high-cost lease unless the lease or modification is approved by a majority vote of the Judicial Council. The Judicial Council shall consider the recommendations of the director in determining whether to approve a high-cost lease or modification resulting in a high-cost lease.

63A-5b-805 - Leasing by higher education institutions.

63A-5b-805(1) The Utah Board of Higher Education shall establish written policies and procedures governing leasing by an institution of higher education. 63A-5b-805(2) Except as provided in Section 53H-9-602, an institution of higher education shall comply with the procedures and requirements of the Utah Board of Higher Education policies before signing or renewing a lease.

63A-5b-806 - Division rules on the value of property bought or exchanged — Exception.

63A-5b-806(1) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to ensure that, if the division buys or exchanges real property, the value of the real property is congruent with the proposed price and other terms of the purchase or exchange. 63A-5b-806(2) The rules:shall establish procedures for determining the value of the real property;may provide that an appraisal, as defined in Section 61-2g-102, demonstrates the real property’s value; andmay require that the appraisal be completed by a state-certified general appraiser, as defined in Section 61-2g-102. 63A-5b-806(3) The rules adopted under Subsection (1) do not apply to the purchase or exchange of real property, or an interest in real property:with a value of less than $500,000, as estimated by the division; orif the real property is part or all of the consideration received in exchange for division-owned real property conveyed, leased, or disposed of under Subsection 63A-5b-303(1)(a)(viii).

63A-5b-807 - Eminent domain of unincorporated city owned land.

63A-5b-807(1) As used in this section:“County of the first class” means a county that is classified by population as a county of the first class under Section 17-60-104.”Unincorporated land” means land that before January 1, 2025, was not within the boundaries of a city. 63A-5b-807(2) The division may exercise eminent domain, consistent with the procedures described in Title 78B, Chapter 6, Part 5, Eminent Domain, to condemn unincorporated land for the public use of constructing a new facility on the land for homelessness services provided by, or under contract with, the state if the land is owned by a city that is the seat of government for a county of the first class. 63A-5b-807(3) The division may consult with the Department of Transportation for assistance in performing the division’s duties under Subsection (2).

Disposal of Division-owned Property

63A-5b-901 - Definitions.

As used in this part: 63A-5b-901(1) “Applicant” means a person who submits a timely, qualified proposal to the division. 63A-5b-901(2) “Condemnee” means the same as that term is defined in Section 78B-6-520.3. 63A-5b-901(3) “Division-owned property” means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. 63A-5b-901(4) “Local government entity” means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. 63A-5b-901(5) “Primary state agency” means a state agency for which the division holds title to real property that the state agency occupies or uses, as provided in Subsection 63A-5b-303(1)(a)(iv). 63A-5b-901(6) “Private party” means a person who is not a state agency, local government entity, or public purpose nonprofit entity. 63A-5b-901(7) “Public purpose nonprofit entity” means a corporation, association, organization, or entity that:is located within the state;is not a state agency or local government entity;is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; andoperates to fulfill a public purpose. 63A-5b-901(8) “Qualified proposal” means a written proposal that:meets the criteria established by the division by rule under Section 63A-5b-903;if submitted by a local government entity or public purpose nonprofit entity, explains the public purpose for which the local government entity or public purpose nonprofit entity seeks a transfer of ownership or lease of the vacant division-owned property; andthe director determines will, if accepted and implemented, provide a material benefit to the state. 63A-5b-901(9) “Secondary state agency” means a state agency:that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section 63A-5b-304; andfor which the division does not hold title to real property that the state agency occupies or uses. 63A-5b-901(10) “State agency” means a department, division, office, entity, agency, or other unit of state government. 63A-5b-901(11) “Transfer of ownership” includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. 63A-5b-901(12) “Vacant division-owned property” means division-owned property that:a primary state agency is not occupying or using; andthe director has determined should be made available for:use or occupancy by a primary state agency; ora transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. 63A-5b-901(13) “Written proposal” means a brief statement in writing that explains:the proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property; andhow the state will benefit from the proposed use or occupancy, transfer of ownership, or lease.

63A-5b-902 - Application of part.

63A-5b-902(1) Except as stated in Subsection (1)(d), the provisions of this part, other than this section, do not apply to:the division’s disposal or lease of division-owned property that would otherwise be subject to this part, if the division-owned property has a value under $500,000, as estimated by the division;a conveyance, lease, or disposal of division-owned property in connection with:the establishment of a state store, as defined in Section 32B-1-102; orthe construction of student housing; a conveyance, lease, or disposal of any part of the point of the mountain state land, as defined in Section 11-59-102, by the Point of the Mountain State Land Authority created in Section 11-59-201;a conveyance, lease, or disposal of division-owned property for fair market value, as determined by the division, under Subsection 63A-5b-303(1)(a)(viii), except that the following sections apply:Section 63A-5b-907.5;Section 63A-5b-908;Section 63A-5b-910;Section 63A-5b-911; andSection 63A-5b-912; ora conveyance, lease, or disposal of any state-owned land, as defined in Section 11-70-101, by the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. 63A-5b-902(2) Nothing in Subsection (1)(a), (b), or (d) may be construed to diminish or eliminate the division’s responsibility to manage division-owned property in the best interests of the state.

63A-5b-903 - Rules made by the division.

The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , make rules that: 63A-5b-903(1) establish criteria that a written proposal is required to satisfy in order to be a qualified proposal, including, if applicable, a minimum acceptable purchase price; and 63A-5b-903(2) define criteria that the director will consider in making a determination whether a proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property provides a material benefit to the state.

63A-5b-904 - Division authority with respect to vacant division-owned property — Limitations.

63A-5b-904(1) Subject to Section 63A-5b-909, the division may:provide for a primary state agency’s occupancy or use of vacant division-owned property, if the director determines that the primary state agency’s occupancy or use is in the best interests of the state;effect a transfer of ownership or lease of vacant division-owned property, as provided in this section; orrefer vacant division-owned property to the Department of Transportation for sale by auction, as provided in Section 63A-5b-908. 63A-5b-904(2) The division may effect a transfer of ownership or lease of vacant division-owned property without receiving fair market value in return if:the director determines that the transfer of ownership or lease is in the best interests of the state;for a proposed transfer of ownership or lease to a local government entity, public purpose nonprofit entity, or private party, the director determines that the local government entity, public purpose nonprofit entity, or private party intends to use the property to fulfill a public purpose;the director requests and receives a recommendation on the proposed transfer of ownership or lease from the Legislative Executive Appropriations Committee;the director communicates the Executive Appropriations Committee’s recommendation to the executive director; andthe executive director approves the transfer of ownership or lease. 63A-5b-904(3) If the division effects a transfer of ownership of vacant division-owned property without receiving fair market value in return, the division shall require the documents memorializing the transfer of ownership to preserve to the division:in the case of a transfer of ownership of vacant division-owned property to a secondary state agency, local government entity, or public purpose nonprofit entity for no or nominal consideration, a right of reversion, providing for the ownership of the property to revert to the division if the property ceases to be used for the public benefit; orin the case of any other transfer of ownership of vacant division-owned property, a right of first refusal allowing the division to purchase the property from the transferee for the same price that the transferee paid to the division if the transferee wishes to transfer ownership of the former vacant division-owned property.Subsection (3)(a) does not apply to the sale of vacant division-owned property at an auction under Section 63A-5b-908.

63A-5b-905 - Notice required before division may effect a transfer of ownership or lease of division-owned property for less than fair market value.

63A-5b-905(1) Before the division may effect a transfer of ownership or lease of vacant division-owned property for less than fair market value, the division shall give notice as provided in Subsection (2). 63A-5b-905(2) A notice required under Subsection (1) shall:identify and describe the vacant division-owned property;indicate the availability of the vacant division-owned property;invite persons interested in the vacant division-owned property to submit a written proposal to the division;indicate the deadline for submitting a written proposal;be posted on the division’s website for at least 60 consecutive days before the deadline for submitting a written proposal, in a location specifically designated for notices dealing with vacant division-owned property;be posted on the Utah Public Notice Website created in Section 63A-16-601 for at least 60 consecutive days before the deadline for submitting a written proposal; andbe sent by email to each person who has previously submitted to the division a written request to receive notices under this section.

63A-5b-906 - Submitting a written proposal for vacant division-owned property.

63A-5b-906(1) A person may submit to the division a written proposal:

in response to the division’s notice under Section 63A-5b-905; or with respect to vacant division-owned property as to which the division has not given notice under Section 63A-5b-905. 63A-5b-906(2) The division is not required to consider a written proposal or provide notice under Section 63A-5b-905 if the director determines that the written proposal is not a qualified proposal. 63A-5b-906(3) If a person submits a qualified proposal to the division under Subsection (1)(b):

the division shall: give notice as provided in Section 63A-5b-905; and treat the qualified proposal as though it were submitted in response to the notice; and the person may, within the time provided for the submission of written proposals, modify the qualified proposal to the extent necessary to address matters raised in the notice that were not addressed in the initial qualified proposal. 63A-5b-906(4) A person who fails to submit a qualified proposal to the division within 60 days after the date of the notice under Section 63A-5b-905 may not be considered for the vacant division-owned property.

63A-5b-907 - Priorities for vacant division-owned property — Division to convey vacant division-owned property.

63A-5b-907(1) This section applies to a proposed transfer of ownership or lease of vacant division-owned property at less than fair market value. 63A-5b-907(2) An applicant that is a state agency has priority for vacant division-owned property over an applicant that is a local government entity, a public purpose nonprofit entity, and a private party. An applicant that is a local government entity and an applicant that is a public purpose nonprofit entity have: priority for vacant division-owned property over an applicant that is a private party; and between them the same priority for vacant division-owned property. 63A-5b-907(3) If the division receives multiple timely qualified proposals from applicants with the highest and same priority, the division shall:

notify the executive director of: the availability of the vacant division-owned property; and the applicants with the highest and same priority that have submitted qualified proposals; and provide the executive director with a copy of the timely qualified proposals submitted by the applicants with the highest and same priority. 63A-5b-907(4) Within 30 days after being notified under Subsection (3), the executive director shall:

determine which applicant’s qualified proposal is most likely to result in the highest and best public benefit; and notify the division of the executive director’s decision under Subsection (4)(a). 63A-5b-907(5) The division shall effect a transfer of ownership or lease of the vacant division-owned property to:

the applicant with the highest priority under Subsection (2), if the division receives a timely qualified proposal from a single applicant with the highest priority; or the applicant whose qualified proposal was determined by the executive director under Subsection (4) to be most likely to result in the highest and best public benefit, if the division receives multiple timely qualified proposals from applicants with the highest and same priority.

63A-5b-907.5 - Lease of division-owned property to a private party.

63A-5b-907.5(1) If the division leases division-owned property to a private party, the division shall, within 30 days after a lease agreement is executed, provide written notice of the lease to:

the municipality in which the division-owned property is located, if the division-owned property is within a municipality; or the county in whose unincorporated area the division-owned property is located, if the division-owned property is not located within a municipality. 63A-5b-907.5(2) Nothing in this part may be used by a private party leasing division-owned property as a basis for not complying with applicable local land use ordinances and regulations.

63A-5b-908 - Referring vacant division-owned property to the Department of Transportation for auction.

63A-5b-908(1) The division may refer vacant division-owned property to the Department of Transportation for a public auction if:for a conveyance, lease, or disposal of vacant division-owned property for less than fair market value:the division has provided notice under Section 63A-5b-905 with respect to the vacant division-owned property; andthe division receives no qualified proposals in response to the notice under Section 63A-5b-905;the director determines that:there is no reasonable likelihood that within the foreseeable future:a primary state agency will use or occupy the vacant division-owned property; ora secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; anddisposing of the vacant division-owned property through a public auction is in the best interests of the state;the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee;the director communicates the Executive Appropriations Committee’s recommendation to the executive director; andthe executive director approves the public auction. 63A-5b-908(2) If the division refers a vacant division-owned property to the Department of Transportation for public auction, the Department of Transportation shall publicly auction the vacant division-owned property under the same law and in the same manner that apply to a public auction of Department of Transportation property. 63A-5b-908(3) At a public auction conducted under Subsection (2), the Department of Transportation may, on behalf of the division, accept an offer to purchase the vacant division-owned property. 63A-5b-908(4) The division and the Department of Transportation shall coordinate together to:manage the details of finalizing any sale of the vacant division-owned property at public auction; andensure that the buyer acquires proper title and that the division receives the net proceeds of the sale. 63A-5b-908(5) If a public auction under this section does not result in a sale of the vacant division-owned property, the Department of Transportation shall notify the division and refer the vacant division-owned property back to the division.

63A-5b-909 - State real property subject to right of first refusal.

63A-5b-909(1) If Section 78B-6-520.3 applies to vacant division-owned property, the division shall comply with Subsection 78B-6-520.3(3).If a condemnee accepts the division’s offer to sell the vacant division-owned property as provided in Section 78B-6-520.3, the division shall:comply with the requirements of Section 78B-6-520.3; andterminate any process to convey the vacant division-owned property.A condemnee may waive rights and benefits afforded under Section 78B-6-520.3 and instead seek a transfer of ownership or lease of vacant division-owned property under the provisions of this chapter in the same manner as any other person not entitled to the rights and benefits of Section 78B-6-520.3. 63A-5b-909(2) If Section 78B-6-521 applies to the anticipated disposal of the vacant division-owned property, the division shall comply with the limitations and requirements of Subsections 78B-6-521(2) and (3).If the original grantor or a subsequent bona fide purchaser, or the original grantor’s or subsequent bona fide purchaser’s assignee, accepts an offer for sale as provided in Subsection 78B-6-521(2)(a), the division shall:sell the vacant division-owned property to the original grantor or subsequent bona fide purchaser, or the original grantor’s or subsequent bona fide purchaser’s assignee, in accordance with Section 78B-6-521; andterminate any process under this chapter to convey the vacant division-owned property.An original grantor or subsequent bona fide purchaser, or the original grantor’s or subsequent bona fide purchaser’s assignee, may waive rights afforded under Section 78B-6-521 and instead seek a transfer of ownership or lease of vacant division-owned property in the same manner as any other person seeking a transfer of ownership or lease of vacant division-owned property to which Section 78B-6-521 does not apply.

63A-5b-910 - Disposition of proceeds received by division from sale of vacant division-owned property.

63A-5b-910(1) Except as provided in Section 26B-1-331, the division shall pay into the state treasury the money received from the transfer of ownership or lease of vacant division-owned property. Money paid into the state treasury under Subsection (1)(a): becomes a part of the funds provided by law for carrying out the building program of the state; and is appropriated for the purpose described in Subsection (1)(b)(i). 63A-5b-910(2) Except as described in Subsection 63A-5b-407(7), the proceeds from the transfer of ownership or lease of vacant division-owned property belonging to or used by a particular state agency shall, to the extent practicable, be expended for the construction of buildings or in the performance of other work for the benefit of that state agency.

The division may transfer title to a parcel of land it owns in a county of the first class to a public transit district for the purpose of facilitating the development of a commuter rail transit station and associated transit oriented development if: 63A-5b-911(1) the parcel is within one mile of the proposed commuter rail transit station and associated transit oriented development; and 63A-5b-911(2) the division receives in return fair and adequate consideration.

63A-5b-912 - Report to Transportation and Infrastructure Appropriations Subcommittee.

The division shall, on or before the third Wednesday in November of every even-numbered year, present a written report to the Transportation and Infrastructure Appropriations Subcommittee that identifies state land and buildings that are no longer needed and can be sold by the state.

Energy Conservation and Efficiency

63A-5b-1001 - Definitions.

As used in this part: 63A-5b-1001(1) “Energy efficiency measure” means an action taken or initiated by an agency that:

reduces the agency’s energy or fuel use or resource energy consumption, water or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water, or other resource; or increases the agency’s energy or fuel efficiency or resource consumption efficiency. 63A-5b-1001(2) “Energy efficiency program” means a program established under Section 63A-5b-1002 for the purpose of improving energy efficiency measures and reducing the energy costs for state facilities. 63A-5b-1001(3) “Fund” means the State Facility Energy Efficiency Fund created in Section 63A-5b-1003. 63A-5b-1001(4) “Performance efficiency agreement” means an agreement entered into by an agency whereby the agency implements one or more energy efficiency measures and finances the costs associated with implementation of performance efficiency measures using the stream of expected savings in costs resulting from implementation of the performance efficiency measures as a funding source for repayment. 63A-5b-1001(5) “State facility” means any building, structure, or other improvement that is constructed on property that the state, any of the state’s departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant. “State facility” does not include: an unoccupied structure that is a component of the state highway system; a privately owned structure that is located on property that the state, any of the state’s departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant; or a structure that is located on land administered by the trust lands administration under a lease, permit, or contract with the trust lands administration.

63A-5b-1002 - State Building Energy Efficiency Program.

63A-5b-1002(1) The division shall:develop and administer the energy efficiency program, which shall include guidelines and procedures to improve energy efficiency in the maintenance and management of state facilities;provide information and assistance to agencies in the agencies’ efforts to improve energy efficiency in state facilities;analyze energy consumption by agencies to identify opportunities for improved energy efficiency;establish an advisory group composed of representatives of agencies to provide information and assistance in the development and implementation of the energy efficiency program; andsubmit to the governor and to the Transportation and Infrastructure Appropriations Subcommittee of the Legislature an annual report that:identifies strategies for long-term improvement in energy efficiency;identifies goals for energy conservation for the upcoming year; anddetails energy management programs and strategies that were undertaken in the previous year to improve the energy efficiency of agencies and the energy savings achieved. 63A-5b-1002(2) Each agency shall:designate a staff member that is responsible for coordinating energy efficiency efforts within the agency with assistance from the division;provide energy consumption and costs information to the division;develop strategies for improving energy efficiency and reducing energy costs; andprovide the division with information regarding the agency’s energy efficiency and reduction strategies. 63A-5b-1002(3) An agency may enter into a performance efficiency agreement for a term of up to 20 years.Before entering into a performance efficiency agreement, the agency shall:utilize the division to oversee the project unless the project is exempt from the division’s oversight or the oversight is delegated to the agency under the provisions of Section 63A-5b-701;obtain the prior approval of the governor or the governor’s designee; andprovide the Office of the Legislative Fiscal Analyst with a copy of the proposed agreement before the agency enters into the agreement. 63A-5b-1002(4) An agency may consult with the energy efficiency program manager within the division regarding:the cost effectiveness of energy efficiency measures; andways to measure energy savings that take into account fluctuations in energy costs and temperature. 63A-5b-1002(5) Except as provided under Subsection (5)(c) and subject to future budget constraints, the Legislature may not remove energy savings from an agency’s appropriation.An agency shall use energy savings to:fund the cost of the energy efficiency measures; andif funds are available after meeting the requirements of Subsection (5)(b)(i), fund and implement new energy efficiency measures.The Legislature may remove energy savings if:an agency has complied with Subsection (5)(b)(i); andno new cost-effective energy efficiency measure is available for implementation.

63A-5b-1004 - State facility energy efficiency data.

63A-5b-1004(1) On or before July 1, 2022, each state facility shall submit to the division, or verify that the division already collects, the utility information for the state facility’s utilities for each month, beginning with May 2021 and ending with May 2022. 63A-5b-1004(2) A state facility shall submit the utility information described in Subsection (1):

in a format approved by the division; for each location that the state facility uses; and for each of the following utilities that the state facility uses: water; electric; and natural gas. 63A-5b-1004(3) The division shall use the information received in accordance with this section to identify opportunities for increased energy efficiency at each state facility. 63A-5b-1004(4) Once the division has identified an energy efficiency project for a state facility, the staff of the state facility shall assist the division in completing the identified project.

Miscellaneous Provisions

63A-5b-1101 - Gifts, grants, and donations.

63A-5b-1101(1) The state or the division may receive a gift, grant, or donation to further the purposes of this part. A gift, grant, or donation described in Subsection (1)(a) may not revert to the General Fund. 63A-5b-1101(2) This Subsection (2) applies if: a donor donates land to an institution of higher education and commits to construct a building or buildings on the land; and the institution of higher education:

agrees to provide funds for the operation and maintenance costs of the building or buildings from sources other than state funds; and agrees that the building or buildings will not be eligible for state capital improvement funding. Notwithstanding any other provision of this chapter, an institution of higher education that receives a donation described in Subsection (2)(a) may: oversee and manage a construction project on the donated land without involvement, oversight, or management from the division; or arrange for oversight and management of the construction project by the division. The role of compliance agency on a construction project on the donated land shall be provided by: the institution of higher education, for a construction project that the institution of higher education oversees and manages under Subsection (2)(b); or the director, for a construction project that the division oversees and manages under Subsection (2)(b)(ii).

63A-5b-1102 - Memorials by the state or state agencies.

63A-5b-1102(1) As used in this section:

“Authorizing agency” means an agency that holds title to state land. “Authorizing agency” does not mean a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act. 63A-5b-1102(2) The Legislature, the governor, or an authorizing agency may authorize the use or donation of state land for the purpose of maintaining, erecting, or contributing to the erection or maintenance of a memorial to commemorate individuals who have:

participated in or have given their lives in any of the one or more wars or military conflicts in which the United States of America has been a participant; or given their lives in association with public service on behalf of the state, including firefighters, peace officers, highway patrol officers, or other public servants. 63A-5b-1102(3) The use or donation of state land in relation to a memorial described in Subsection (2) may include:

using or appropriating public funds for the purchase, development, improvement, or maintenance of state land on which a memorial is located or established; using or appropriating public funds for the erection, improvement, or maintenance of a memorial; donating or selling state land for use in relation to a memorial; or authorizing the use of state land for a memorial that is funded or maintained in part or in full by another public or private entity. 63A-5b-1102(4) The Legislature, the governor, or an authorizing agency may specify the form, placement, and design of a memorial that is subject to this section if the Legislature, the governor, or the authorizing agency holds title to, has authority over, or donates the land on which a memorial is established. 63A-5b-1102(5) A memorial within the definition of a capital development project, as defined in Section 63A-5b-401, is required to be approved as provided for in Section 63A-5b-402. 63A-5b-1102(6) Nothing in this section may be construed as a prohibition of a memorial, including a memorial for a purpose not covered by this section, that:

is erected within the approval requirements in effect at the time of the memorial’s erection; or may be duly authorized through other legal means.

63A-5b-1103 - Making keys to buildings of state, political subdivisions, or colleges and universities without permission prohibited.

63A-5b-1103(1) As used in this section:

“Applicable government entity” means a state agency, a political subdivision of the state, the Utah Board of Higher Education, or any college or university supported in whole or in part by the state. “Government facility” means a building, laboratory, facility, room, dormitory, hall, or other structure owned, licensed as a licensee, leased as a tenant, or lawfully occupied by an applicable government entity. 63A-5b-1103(2) An individual may not knowingly make or cause to be made any key or duplicate key for a government facility without the prior written consent of the applicable government entity. 63A-5b-1103(3) A person who violates this section is guilty of a class B misdemeanor.

63A-5b-1104 - Notification to local governments for construction or modification of certain facilities.

63A-5b-1104(1) The director or the director’s designee shall notify in writing the elected representatives of a local government entity directly and substantively affected by any diagnostic, treatment, parole, probation, or other secured facility project exceeding $500,000, if: the nature of the project has been significantly altered since an earlier notification; the project would significantly change the nature of the functions presently conducted at the location; or the project is new construction. At the request of the state entity or the local government entity, representatives from the state entity and the affected local entity shall conduct or participate in a local public hearing or hearings to discuss the issues described in Subsection (1)(a). 63A-5b-1104(2) Before beginning the construction of student housing on property owned by the state or an institution of higher education, the director shall provide written notice of the proposed construction, as provided in Subsection (2)(a)(ii), if any of the proposed student housing buildings is within 300 feet of privately owned residential property. Each notice under Subsection (2)(a)(i) shall be provided to the legislative body and, if applicable, the mayor of:

the county in whose unincorporated area the privately owned residential property is located; or the municipality in whose boundary the privately owned residential property is located. Within 21 days after receiving the notice required by Subsection (2)(a)(i), a county or municipality entitled to the notice may submit a written request to the director for a public hearing on the proposed student housing construction. If a county or municipality requests a hearing under Subsection (2)(b)(i), the director and the county or municipality shall jointly hold a public hearing to provide information to the public and to allow the director and the county or municipality to receive input from the public about the proposed student housing construction.

63A-5b-1105 - Testing and inspection firm requirements.

The director shall ensure that any person performing testing and inspection work governed by the American Society for Testing Materials Standard E-329 on a public building under the director’s supervision: 63A-5b-1105(1) fully complies with the American Society for Testing Materials standard specifications for an agency engaged in the testing and inspection of materials known as ASTM E-329; and 63A-5b-1105(2) carries a minimum of $1,000,000 of errors and omissions insurance.

63A-5b-1106 - Critical land near state prison — Definitions — Preservation as open land — Management and use of land — Restrictions on transfer — Wetlands development — Conservation easement.

63A-5b-1106(1) For purposes of this section:

“Corrections” means the Department of Corrections created under Section 64-13-2. “Critical land” means: a parcel of approximately 250 acres of land owned by the division and located on the east edge of the Jordan River between about 12300 South and 14600 South in Salt Lake County, approximately the southern half of whose eastern boundary abuts the Denver and Rio Grande Western Railroad right-of-way; and any parcel acquired in a transaction authorized under Subsection (3)(c) as a replacement for a portion of the parcel described in Subsection (1)(b)(i) that is conveyed as part of the transaction. “Open land” means land that is:

preserved in or restored to a predominantly natural, open, and undeveloped condition; and used for: wildlife habitat; cultural or recreational use; watershed protection; or another use consistent with the preservation of the land in or restoration of the land to a predominantly natural, open, and undeveloped condition. “Open land” does not include land whose predominant use is as a developed facility for active recreational activities, including baseball, tennis, soccer, golf, or other sporting or similar activity. The condition of land does not change from a natural, open, and undeveloped condition because of the development or presence on the land of facilities, including trails, waterways, and grassy areas, that: enhance the natural, scenic, or aesthetic qualities of the land; or facilitate the public’s access to or use of the land for the enjoyment of its natural, scenic, or aesthetic qualities and for compatible recreational activities. 63A-5b-1106(2) The critical land shall be preserved in perpetuity as open land. The long-term ownership and management of the critical land should eventually be turned over to the Department of Natural Resources created under Section 79-2-201 or another agency or entity that is able to accomplish the purposes and intent of this section. Notwithstanding Subsection (2)(a)(i) and as funding is available, certain actions should be taken on or with respect to the critical land, including: the development and implementation of a program to eliminate noxious vegetation and restore and facilitate the return of natural vegetation on the critical land; the development of a system of trails through the critical land that is compatible with the preservation of the critical land as open land; the development and implementation of a program to restore the natural features of and improve the flows of the Jordan River as it crosses the critical land; the preservation of the archeological site discovered on the critical land and the development of an interpretive site in connection with the archeological discovery; in restoring features on the critical land, the adoption of methods and plans that will enhance the critical land’s function as a wildlife habitat; taking measures to reduce safety risks on the critical land; and the elimination or rehabilitation of a prison dump site on the critical land. 63A-5b-1106(3) Except as provided in Subsections (3)(b) and (c), no interest in the critical land may be sold, assigned, leased, or otherwise transferred unless measures are taken to ensure that the critical land that is transferred will be preserved as open land in perpetuity. Notwithstanding Subsection (3)(a), exchanges of property may be undertaken to resolve boundary disputes with adjacent property owners and easements may be granted for trails and other purposes consistent with Subsection (2)(b) and with the preservation of the critical land as open land. The Department of Natural Resources may transfer title to a portion of the critical land described in Subsection (1)(b)(i) in exchange for a parcel of land if: the parcel being acquired is:

open land; and located within one mile of the portion of critical land being transferred; and the purpose of the exchange is to facilitate the development of a commuter rail transit station and associated transit oriented development. 63A-5b-1106(4) The division shall use the funds remaining from the appropriation under Laws of Utah 1998, Chapter 399, for the purposes of:

determining the boundaries and legal description of the critical land; determining the boundaries and legal description of the adjacent property owned by the division; fencing the critical land and adjacent land owned by the division where appropriate and needed; and assisting to carry out the intent of this section. 63A-5b-1106(5) Notwithstanding Subsection (2)(a)(i), the division or its successor in title to the critical land may develop or allow a public agency or private entity to develop more wetlands on the critical land than exist naturally or existed previously. Subject to Subsections (3)(a) and (5)(b)(ii), the division or its successor in title may transfer jurisdiction of all or a portion of the critical land to a public agency or private entity to provide for the development and management of wetlands and designated wetland buffer areas. Before transferring jurisdiction of any part of the critical land under Subsection (5)(b)(i), the division or its successor in title shall assure that reasonable efforts are made to obtain approval from the appropriate federal agency to allow mitigation credits in connection with the critical land to be used for impacts occurring anywhere along the Wasatch Front. 63A-5b-1106(6) Notwithstanding any other provision of this section, corrections shall have access to the cooling pond located on the critical land as long as that access to and use of the cooling pond are not inconsistent with the preservation of the critical land as open land. 63A-5b-1106(7) Corrections, the division, and all other state departments, divisions, or agencies shall cooperate together to carry out the intent of this section. 63A-5b-1106(8) In order to ensure that the land referred to in this section is preserved as open land, the division shall, as soon as practicable, place the land under a perpetual conservation easement in favor of an independent party such as a reputable land conservation organization or a state or local government agency with experience in conservation easements.

63A-5b-1108 - Water conservation and state government facilities.

63A-5b-1108(1) As used in this section:

“Division” means the Division of Water Resources. “Grounds” means the real property, whether fenced or unfenced, of the parcel of land on which is located a state government facility, including a public or private driveway, street, sidewalk or walkway, parking lot, or parking garage on the property. Except as provided in Subsection (1)(c)(ii), “lawn or turf” means nonagricultural land planted in closely mowed, managed grasses. “Lawn or turf” does not include a golf course, park, athletic field, or sod farm. “Reconstructed” means that a building is subject to construction that affects the exterior of the building or the building’s grounds. “State agency” means a department, division, office, entity, agency, or other unit of state government. “State agency” includes an institution of higher education. “State government facility” means a building, structure, or other improvement that is constructed on property owned by the state, the state’s departments, commissions, institutions, or other state agency. “State government facility” does not include:

an unoccupied structure that is a component of the state highway system; a privately owned structure that is located on property owned by the state, the state’s department, commission, institution, or other state agency; or a structure that is located on land administered by the trust lands administration under a lease, permit, or contract with the trust lands administration. 63A-5b-1108(2) Unless exempted under Subsection (2)(b), a state agency that owns or occupies a state government facility that is built or reconstructed on or after May 4, 2022, may not have more than 20% of the grounds of the state government facility be lawn or turf. The division may exempt a state government facility from the restrictions of Subsection (2)(a) if the division determines that the purposes of a state agency that occupies the state government facility requires additional lawn or turf. 63A-5b-1108(3) A state agency shall reduce the state agency’s outdoor water use as compared to the state agency’s outdoor water use for fiscal year 2020: in an amount equal to or greater than 5% by the end of fiscal year 2023; and in an amount equal to or greater than 25% by the end of fiscal year 2026. A state agency shall submit the following information to the division: by no later than October 1, 2022:

the state agency’s water use for fiscal year 2020; and the state agency’s water use for fiscal year 2022; by no later than October 1, 2023, the state agency’s water use for fiscal year 2023; and by no later than October 1, 2026, the state agency’s water use for fiscal year 2026. The division shall: post the information provided to the division under this Subsection (3) on a public website; and by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish a uniform measure for purposes of this section of a state agency’s water use. 63A-5b-1108(4) Except when allowed by the division, a state agency may not water landscapes at a state government facility between the hours of 10 a.m. and 6 p.m. 63A-5b-1108(5) A state agency shall do the following at a state government facility:

follow weekly lawn watering guides if issued by the division; manually shut off systems during rain and wind events if the landscape irrigation system does not have rain and wind shutoff functions; implement a leak-detection and repair program for outdoor use; coordinate with the division to implement water efficient methods, technologies, and practices; and at least annually: evaluate opportunities to update irrigation technology with devices that:

meet national recognized standards for efficiency; include rain and wind shutoff functions; and include soil moisture sensors; evaluate opportunities to:

subject to Subsection (2), limit lawn or turf on the grounds of a state government facility and replace lawn or turf with water-wise plants; and update facility-management technology to include metering for water-consuming processes related to irrigation and mechanical systems; and audit and repair a landscape irrigation system so that the landscape irrigation system is operating at maximum acceptable efficiency.

63A-5b-1109 - Buildings and facilities to which chapter applies — Standards available to interested parties — Division of Facilities Construction and Management staff to advise, review, and approve plans when possible.

63A-5b-1109(1) The standards in this section apply to all buildings and facilities used by the public that are constructed or remodeled in whole or in part by the use of state funds, or the funds of any political subdivision of the state. All of those buildings and facilities constructed in Utah after May 12, 1981, shall conform to the standard prescribed in this section except buildings, facilities, or portions of them, not intended for public use, including: caretaker dwellings; service buildings; and heating plants. 63A-5b-1109(2) This section applies to temporary or emergency construction as well as permanent buildings. 63A-5b-1109(3) The standards established in this section apply to the remodeling or alteration of any existing building or facility within the jurisdictions set forth in this section where the remodeling or alteration will affect an area of the building or facility in which there are architectural barriers for persons with a physical disability. If the remodeling involves less than 50% of the space of the building or facility, only the areas being remodeled need comply with the standards. If remodeling involves 50% or more of the space of the building or facility, the entire building or facility shall be brought into compliance with the standards. 63A-5b-1109(4) All individuals and organizations are encouraged to apply the standards prescribed in this section to all buildings used by the public, but that are financed from other than public funds. The Division of Facilities Construction and Management shall: make the standards established by this section available to interested individuals and organizations; and upon request and to the extent possible, make available the services of the Division of Facilities Construction and Management staff to advise, review, and approve plans and specifications in order to comply with the standards of this section. 63A-5b-1109(5) This section is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of incoordination, and aging. This section is intended to make all buildings and facilities covered by this section accessible to, and functional for, persons with a physical disability. 63A-5b-1109(6) The standards of this section are the current edition of planning and design criteria to prevent architectural barriers for the aged and persons with a physical disability, as promulgated by the Division of Facilities Construction and Management. 63A-5b-1109(7) The responsibility for adoption of the planning and design criteria referred to in this section, and enforcement of this section shall be as follows:

where state school funds are utilized, the State Board of Education; where state funds are utilized, the Division of Facilities Construction and Management; and where funds of political subdivisions are utilized, the governing board of the county or municipality in which the building or facility is located.

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63A-5b - Administration of State Facilities

63A-5b - Administration of State Facilities

Sections (61)

General Provisions

63A-5b-101 - Title.

63A-5b-102 - Definitions.

Division of Facilities Construction and Management

63A-5b-301 - Creation — Administration.

63A-5b-302 - Director of division — Appointment.

63A-5b-303 - Duties and authority of division.

63A-5b-304 - Agencies authorized to hold title — Transfer of real property to a government entity.

63A-5b-305 - Duties and authority of director.

Development of Capital Facilities

63A-5b-401 - Definitions.

63A-5b-402 - Capital development process — Approval requirements.

63A-5b-403 - Institutions of higher education — Capital development projects — Dedicated and nondedicated projects — Recommendations and prioritization.

63A-5b-404 - Exceptions to requirement of legislative approval for capital development projects.

63A-5b-405 - Capital improvement projects.

63A-5b-406 - Limitations on new projects.

63A-5b-407 - State Agency Capital Development Fund — Creation — Process.

Planning and Programming

63A-5b-501 - Five-year building plan.

63A-5b-502 - Programming.

63A-5b-503 - Planning Fund expenditures authorized — Ceiling on expenditures — Recovery.

Design and Construction

63A-5b-601 - Definitions.

63A-5b-602 - Design criteria, standards, and procedures.

63A-5b-603 - Contracting powers of director — Bids — Retainage.

63A-5b-604 - Construction, alteration, and repair of state facilities — Powers of director — Exceptions — Expenditure of appropriations — Compliance agency role.

63A-5b-605 - Requirement for bidders to list subcontractors — Changing subcontractors — Bidders as subcontractors.

63A-5b-606 - Dispute resolution process — Penalties for fraud or bad faith claim.

63A-5b-607 - Health insurance requirements — Penalties.

63A-5b-608 - Obligations beyond authorized funding prohibited — Exceptions.

63A-5b-609 - Expenditure of appropriated funds supervised by director — Contingencies — Disposition of project reserve funds — Set aside for Utah Percent-for-Art Program.

63A-5b-610 - Transfer from project reserve money.

Operation and Maintenance

63A-5b-701 - Operation and maintenance for state facilities.

63A-5b-702 - Standards and requirements for state facilities — Life-cycle cost effectiveness.

63A-5b-703 - Agency lease payments.

Acquisitions of Real Property Interests

63A-5b-801 - Definitions.

63A-5b-802 - Leasing responsibilities of the director.

63A-5b-803 - Reporting of leasing activity.

63A-5b-804 - Leasing by the Administrative Office of the Courts — Judicial Council approval required for high-cost lease — Director’s responsibilities.

63A-5b-805 - Leasing by higher education institutions.

63A-5b-806 - Division rules on the value of property bought or exchanged — Exception.

63A-5b-807 - Eminent domain of unincorporated city owned land.

Disposal of Division-owned Property

63A-5b-901 - Definitions.

63A-5b-902 - Application of part.

63A-5b-903 - Rules made by the division.

63A-5b-904 - Division authority with respect to vacant division-owned property — Limitations.

63A-5b-905 - Notice required before division may effect a transfer of ownership or lease of division-owned property for less than fair market value.

63A-5b-906 - Submitting a written proposal for vacant division-owned property.

63A-5b-907 - Priorities for vacant division-owned property — Division to convey vacant division-owned property.

63A-5b-907.5 - Lease of division-owned property to a private party.

63A-5b-908 - Referring vacant division-owned property to the Department of Transportation for auction.

63A-5b-909 - State real property subject to right of first refusal.

63A-5b-910 - Disposition of proceeds received by division from sale of vacant division-owned property.

63A-5b-911 - Authority to transfer land for commuter rail station and related development.

63A-5b-912 - Report to Transportation and Infrastructure Appropriations Subcommittee.

Energy Conservation and Efficiency

63A-5b-1001 - Definitions.

63A-5b-1002 - State Building Energy Efficiency Program.

63A-5b-1004 - State facility energy efficiency data.

Miscellaneous Provisions

63A-5b-1101 - Gifts, grants, and donations.

63A-5b-1102 - Memorials by the state or state agencies.

63A-5b-1103 - Making keys to buildings of state, political subdivisions, or colleges and universities without permission prohibited.

63A-5b-1104 - Notification to local governments for construction or modification of certain facilities.

63A-5b-1105 - Testing and inspection firm requirements.

63A-5b-1106 - Critical land near state prison — Definitions — Preservation as open land — Management and use of land — Restrictions on transfer — Wetlands development — Conservation easement.

63A-5b-1108 - Water conservation and state government facilities.

63A-5b-1109 - Buildings and facilities to which chapter applies — Standards available to interested parties — Division of Facilities Construction and Management staff to advise, review, and approve plans when possible.

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