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H.B. 6
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FUNDING FOR CAPITAL IMPROVEMENT
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PROJECTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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AN ACT RELATING TO CAPITAL DEVELOPMENT AND CAPITAL IMPROVEMENTS;
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INCREASING APPROPRIATION REQUIREMENTS FOR CAPITAL IMPROVEMENTS; AND
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MAKING TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63A-5-104, as enacted by Chapter 3, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63A-5-104
is amended to read:
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63A-5-104. Capital development and capital improvement process.
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(1) As used in this section:
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(a) "Capital developments" means any:
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(i) remodeling, site, or utility projects with a total cost of $1,000,000 or more;
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(ii) addition of new space that will cost more than $100,000; or
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(iii) land acquisition where an appropriation is requested.
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(b) "Capital improvements" means any:
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(i) remodeling, alteration, or repair project with a total cost of less than $1,000,000; or
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(ii) site and utility improvement with a total cost of less than $1,000,000.
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(c) "Replacement cost of existing state [buildings] facilities" means the [replacement cost]
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insured value, as determined by the Division of Risk Management, of state [buildings] facilities,
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excluding auxiliary [buildings] facilities as defined by the State Building Board.
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(2) The State Building Board, on behalf of all state agencies, commissions, departments,
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and institutions shall submit its capital development recommendations and priorities to the
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Legislature for approval and prioritization.
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(3) (a) The State Building Board, on behalf of all state agencies, commissions,
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departments, and institutions shall by January 15 of each year, submit a list of anticipated capital
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improvement requirements to the Legislature for review and approval.
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(b) Unless otherwise directed by the Legislature, the building board shall prioritize capital
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improvements from the list submitted to the Legislature up to the level of appropriation made by
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the Legislature.
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(c) In prioritizing capital improvements, the building board shall consider the results of
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facility evaluations completed by an architect/engineer as stipulated by the building board's
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facilities maintenance standards.
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(4) The Legislature may authorize:
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(a) the total square feet to be occupied by each state agency; and
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(b) the total square feet and total cost of lease space for each agency.
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(5) The Legislature may not fund the design or construction of any new capital
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development projects, except to complete the funding of projects for which partial funding has
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been previously provided, until the Legislature has appropriated [.9%] 1.1% of the replacement
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cost of existing state [buildings] facilities to capital improvements.
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(6) (a) If, after approval of capital development and capital improvement priorities by the
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Legislature under this section, emergencies arise that create unforeseen critical capital
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improvement projects, the State Building Board may, notwithstanding the requirements of Title
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63, Chapter 38, Budgetary Procedures Act, reallocate capital improvement funds to address those
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projects.
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(b) The building board shall report any changes it makes in capital improvement
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allocations approved by the Legislature to:
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(i) the Office of Legislative Fiscal Analyst within 30 days of the reallocation; and
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(ii) the Legislature at its next annual general session.
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(7) (a) The State Building Board may adopt a rule allocating to institutions and agencies
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their proportionate share of capital improvement funding.
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(b) The building board shall ensure that the rule:
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(i) reserves funds for the Division of Facilities Construction and Management for
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emergency projects; and
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(ii) allows the delegation of projects to some institutions and agencies with the
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requirement that a report of expenditures will be filed annually with the Division of Facilities
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Construction and Management and appropriate governing bodies.
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(8) It is the intent of the Legislature that in funding capital improvement requirements
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under this section the General Fund be considered as a funding source for at least half of those
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costs.
Legislative Review Note
as of 6-21-99 12:27 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.