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H.B. 80 Enrolled
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ENERGY SAVINGS IN STATE BUILDINGS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Fred R. Hunsaker
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Senate Sponsor:
Peter C. Knudson
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LONG TITLE
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General Description:
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This bill modifies a portion of the Quality Growth Act and statutes governing the State
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Building Energy Efficiency Program, the State Building Board, and the Division of
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Facilities Construction and Management.
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Highlighted Provisions:
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This bill:
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. modifies definitions;
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. eliminates the requirement for state agencies to place 50% of net energy savings in
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the LeRay McAllister Critical Land Conservation Fund;
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. provides that the Division of Facilities Construction and Management shall develop
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and administer the State Building Energy Efficiency Program;
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. requires the Division of Facilities Construction and Management to:
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. develop incentives to encourage state entities to conserve energy and reduce
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energy costs;
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. procure energy efficient products where practicable;
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. analyze energy consumption by state agencies;
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. establish an advisory group to assist with development and implementation of
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the program; and
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. provide a yearly energy savings report to the governor in addition to the
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Legislature;
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. requires state government entities to appoint a staff member to coordinate and
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report on energy saving efforts;
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. reduces the maximum term for energy savings agreements entered into by state
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agencies, modifies terms in the definition of energy savings agreement, and requires
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the agency to obtain the preapproval of the governor and to notify the Office of
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Legislative Fiscal Analyst before entering into an agreement;
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. provides that DFCM may establish energy savings design procedures for
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improvements to existing state facilities;
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. permits the State Building Board to require an entity that benefits from a capital
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improvement project to repay the capital improvement funds from savings resulting
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from the project;
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. modifies provisions related to the State Building Board's rulemaking in relation to
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life cycle cost-effectiveness of state facilities;
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. provides that life-cycle effectiveness shall be determined using the most prudent
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cost of owning and operating a facility; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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11-38-102, as last amended by Chapter 16, Laws of Utah 2003
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11-38-301, as last amended by Chapter 256, Laws of Utah 2002
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63-9-63, as enacted by Chapter 164, Laws of Utah 1985
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63-9-67, as enacted by Chapter 24, Laws of Utah 1999
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63-38-3, as last amended by Chapter 16, Laws of Utah 2003
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63-38-8.1, as last amended by Chapter 71, Laws of Utah 2005
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63A-5-103, as last amended by Chapter 142, Laws of Utah 1998
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63A-5-104, as last amended by Chapter 351, Laws of Utah 2004
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63A-5-204, as last amended by Chapter 34, Laws of Utah 2004
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63A-5-206, as last amended by Chapters 231 and 254, Laws of Utah 2005
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REPEALS:
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63-38-18, as enacted by Chapter 24, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
11-38-102
is amended to read:
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11-38-102. Definitions.
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As used in this chapter:
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(1) "Affordable housing" means housing occupied or reserved for occupancy by
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households with a gross household income equal to or less than 80% of the median gross
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income of the applicable municipal or county statistical area for households of the same size.
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(2) "Agricultural land" has the same meaning as "land in agricultural use" under
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Section
59-2-502
.
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(3) "Brownfield sites" means abandoned, idled, or underused commercial or industrial
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land where expansion or redevelopment is complicated by real or perceived environmental
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contamination.
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(4) "Commission" means the Quality Growth Commission established in Section
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11-38-201
.
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(5) "Fund" means the LeRay McAllister Critical Land Conservation Fund established
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in Section
11-38-301
.
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(6) "Infill development" means residential, commercial, or industrial development on
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unused or underused land, excluding open land and agricultural land, within existing, otherwise
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developed urban areas.
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(7) "Local entity" means a county, city, or town.
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(8) "OPB" means the Governor's Office of Planning and Budget established under
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Section
63-38d-201
.
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(9) (a) "Open land" means land that is:
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(i) preserved in or restored to a predominantly natural, open, and undeveloped
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condition; and
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(ii) used for:
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(A) wildlife habitat;
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(B) cultural or recreational use;
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(C) watershed protection; or
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(D) another use consistent with the preservation of the land in or restoration of the land
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to a predominantly natural, open, and undeveloped condition.
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(b) (i) "Open land" does not include land whose predominant use is as a developed
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facility for active recreational activities, including baseball, tennis, soccer, golf, or other
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sporting or similar activity.
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(ii) The condition of land does not change from a natural, open, and undeveloped
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condition because of the development or presence on the land of facilities, including trails,
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waterways, and grassy areas, that:
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(A) enhance the natural, scenic, or aesthetic qualities of the land; or
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(B) facilitate the public's access to or use of the land for the enjoyment of its natural,
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scenic, or aesthetic qualities and for compatible recreational activities.
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[(10) "State agency" includes each executive, legislative, and judicial branch
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department, agency, board, commission, or division, however denominated, and each state
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educational institution.]
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[(11) "State Building Energy Efficiency Program" has the meaning as defined in
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Section
63-9-67
.]
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[(12)] (10) "Surplus land" means real property owned by the Department of
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Administrative Services, the Department of Agriculture and Food, the Department of Natural
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Resources, or the Department of Transportation that the individual department determines not
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to be necessary for carrying out the mission of the department.
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Section 2.
Section
11-38-301
is amended to read:
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11-38-301. LeRay McAllister Critical Land Conservation Fund.
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(1) There is created a restricted special revenue fund entitled the "LeRay McAllister
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Critical Land Conservation Fund," consisting of:
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(a) money appropriated or otherwise made available by the Legislature;
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(b) contributions of money, property, or equipment from federal agencies, political
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subdivisions of the state, persons, or corporations; and
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(c) proceeds that a department chooses to place into the fund from the sale of surplus
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land under Subsection (2)[; and].
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[(d) funds from the State Building Energy Efficiency Program.]
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(2) The Department of Administrative Services, the Department of Agriculture and
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Food, the Department of Natural Resources, and the Department of Transportation may place
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proceeds from the sale of surplus land into the fund.
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(3) The total amount of money in the fund may not exceed $6,000,000.
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Section 3.
Section
63-9-63
is amended to read:
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63-9-63. Legislative findings and policy.
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(1) The Legislature finds the following:
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(a) The operation of facilities owned and controlled by the state consumes significant
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amounts of energy.
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(b) Facilities owned and controlled by the state present a significant opportunity for
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energy cost savings through the implementation of conservation measures.
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(c) Principles which produce efficient facility management in the private sector are
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equally applicable to the management of public buildings and facilities.
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(d) There exists, in the private sector, favorable alternative methods of financing
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energy conservation measures which are not readily adaptable to financing state facility energy
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efficiency improvements due to current budgetary practices.
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(e) Maximization of energy conservation efforts in light of limited resources requires
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careful advance planning by responsible agencies.
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(2) The Legislature declares that it is the policy of the state to:
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(a) undertake aggressive programs designed to reduce energy use in state facilities in
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order to reduce the operating costs of state government and to set an example of energy
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efficiency for the public[.];
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(b) utilize, to the greatest practical extent, alternative funding sources and methods of
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financing energy efficiency improvements in state facilities in a manner which minimizes the
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necessity for increased appropriations[.];
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(c) employ private sector management incentive principles, to the extent practicable, to
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implement the policies in Subsections (2)(a) and (b)[.];
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(d) develop incentives to encourage state entities to conserve energy, reduce energy
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costs, and utilize renewable energy sources where practicable; and
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(e) procure and use energy efficient products where practicable.
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Section 4.
Section
63-9-67
is amended to read:
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63-9-67. State Building Energy Efficiency Program.
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(1) For purposes of this section:
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(a) "Division" means the Division of Facilities Construction and Management
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established in Section
63A-5-201
.
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[(a)] (b) "Energy efficiency measures" means actions taken or initiated by a state
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agency that reduce the state agency's energy use, increase the state agency's energy efficiency,
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reduce source energy consumption, reduce water consumption, or lower the costs of energy or
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water to the state agency.
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[(b)] (c) "Energy savings agreement" means an agreement entered into by a state
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agency [participating in the State Building Energy Efficiency Program] whereby the state
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agency implements energy efficiency measures and finances the costs associated with
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implementation of energy efficiency measures [from] using the stream of expected savings in
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[energy] utility costs resulting from implementation of the energy efficiency measures as the
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funding source for repayment.
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[(c) "Fund" has the meaning as defined in Section
11-38-102
.]
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[(d) "Net savings" means savings in energy costs that a state agency realizes after
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taking into account the costs of implementing the energy efficiency measures or conservation
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activities that produce the savings.]
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[(e)] (d) "State agency" [has the meaning as defined in Section
11-38-102
.] means each
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executive, legislative, and judicial branch department, agency, board, commission, or division,
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and includes a state institution of higher education as defined in Section
53B-3-102
.
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[(f)] (e) "State Building Energy Efficiency Program" means a program [that the
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governor may establish by executive order recommending to or requiring state agencies to
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implement] established under this section for the purpose of improving energy efficiency
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measures and reducing the energy costs for state facilities.
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(f) (i) "State facility" means any building, structure, or other improvement that is
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constructed on property owned by the state, its departments, commissions, institutions, or
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agencies, or a state institution of higher education.
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(ii) "State facility" does not mean:
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(A) an unoccupied structure that is a component of the state highway system;
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(B) a privately owned structure that is located on property owned by the state, its
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departments, commissions, institutions, or agencies, or a state institution of higher education;
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or
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(C) a structure that is located on land administered by the School and Institutional
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Trust Lands Administration under a lease, permit, or contract with the School and Institutional
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Trust Lands Administration.
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(2) The division shall:
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(a) develop and administer the state building energy efficiency program, which shall
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include guidelines and procedures to improve energy efficiency in the maintenance and
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management of state facilities;
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(b) provide information and assistance to state agencies in their efforts to improve
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energy efficiency;
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(c) analyze energy consumption by state agencies to identify opportunities for
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improved energy efficiency;
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(d) establish an advisory group composed of representatives of state agencies to
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provide information and assistance in the development and implementation of the state
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building energy efficiency program; and
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[(2) (a)] (e) [The person or agency overseeing the state building energy efficiency
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program, as designated by the governor in an executive order establishing the program, shall]
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submit [a report annually] to the governor and to the Capital Facilities and Administrative
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Services Appropriations Subcommittee of the Legislature[.] an annual report that:
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(i) identifies strategies for long-term improvement in energy efficiency;
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(ii) identifies goals for energy conservation for the upcoming year; and
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[(b) Each report under Subsection (2)(a) shall:]
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[(i) specify the amount that represents 50% of the net savings realized by all state
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agencies from participating in the state building energy efficiency program; and]
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[(ii) detail] (iii) details energy management programs and strategies that were
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undertaken in the previous year to improve the energy efficiency of state agencies and the
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energy savings achieved.
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[(c) The amount specified under Subsection (2)(b)(i) may be placed into the fund,
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subject to legislative appropriation during the general session following submission of the
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report under Subsection (2)(a).]
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(3) Each state agency shall:
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(a) designate a staff member that is responsible for coordinating energy efficiency
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efforts within the agency;
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(b) provide energy consumption and costs information to the division;
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(c) develop strategies for improving energy efficiency and reducing energy costs; and
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(d) provide the division with information regarding the agency's energy efficiency and
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reduction strategies.
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[(3) Notwithstanding Subsection (2), a state agency may fulfill the terms of an
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agreement entered into before the effective date of this section providing for the state agency's
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payment for energy efficiency measures.]
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(4) (a) A state agency may enter into an energy savings agreement for a term of up to
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[25] 20 years.
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(b) Before entering into an energy savings agreement, the state agency shall:
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(i) utilize the division to oversee the project unless the project is exempt from the
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division's oversight or the oversight is delegated to the agency under the provisions of Section
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63A-5-206
;
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(ii) obtain the prior approval of the governor or the governor's designee; and
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(iii) provide the Office of Legislative Fiscal Analyst with a copy of the proposed
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agreement before the agency enters into the agreement.
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Section 5.
Section
63-38-3
is amended to read:
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63-38-3. Appropriations governed by chapter -- Restrictions on expenditures --
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Transfer of funds.
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(1) All moneys appropriated by the Legislature are appropriated upon the terms and
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conditions set forth in this chapter, and any department, agency, or institution, except the
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Legislature and its committees, or where specifically exempted by the appropriating act, which
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accepts moneys appropriated by the Legislature, does so subject to this chapter.
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(2) (a) In providing that certain appropriations are to be expended in accordance with a
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schedule or other restrictions, if any, set forth after each appropriations item, it is the intent of
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the Legislature to limit the amount of money to be expended from each appropriations item for
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certain specified purposes.
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(b) Each schedule:
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(i) is a restriction or limitation upon the expenditure of the respective appropriation
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made;
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(ii) does not itself appropriate any money; and
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(iii) is not itself an item of appropriation.
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(c) [Except as provided in Subsections
63-9-67
(2) and
63-38-18
(2), an] An
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appropriation or any surplus of any appropriation may not be diverted from any department,
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agency, institution, or division to any other department, agency, institution, or division.
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(d) The money appropriated subject to a schedule or restriction may be used only for
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the purposes authorized.
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(e) (i) If any department, agency, or institution for which money is appropriated
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requests the transfer of moneys appropriated to it from one purpose or function to another
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purpose or function within an item of appropriation, the director of the Governor's Office of
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Planning and Budget shall require a new work program to be submitted for the fiscal year
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involved setting forth the purpose and necessity for such transfer.
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(ii) The director and fiscal officer shall review the proposed change and submit their
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findings and recommendations to the governor, who may permit the transfer.
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(iii) The state fiscal officer shall notify the Legislature through the Office of the
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Legislative Fiscal Analyst of action taken by the governor.
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(f) [Except as provided in Subsections
63-9-67
(2) and
63-38-18
(2), monies] Monies
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may not be transferred from one item of appropriation to any other item of appropriation.
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(3) This section does not apply to the Investigation Account of the Water Resources
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Construction Fund. The investigation account shall continue to be governed by Section
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73-10-8
.
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Section 6.
Section
63-38-8.1
is amended to read:
270
63-38-8.1. Nonlapsing authority.
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(1) As used in this section:
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(a) (i) "Agency" means each department, commission, board, council, agency,
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institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
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unit, bureau, panel, or other administrative unit of the state.
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(ii) "Agency" does not include those entities whose unappropriated and unencumbered
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balances are made nonlapsing by the operation of Subsection
63-38-8
(2).
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(b) "Appropriation balance" means the unexpended and unencumbered balance of a
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line item appropriation made by the Legislature to an agency that exists at the end of a fiscal
279
year.
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(c) "Nonlapsing" means that an agency's appropriation balance is not closed out to the
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appropriate fund at the end of a fiscal year as required by Section
63-38-8
.
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(d) "One-time project" means a project or program that can be completed with the
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appropriation balance and includes such items as employee incentive awards and bonuses,
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purchase of equipment, and one-time training.
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(e) "One-time projects list" means:
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(i) a prioritized list of one-time projects, upon which an agency would like to spend
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any appropriation balance; and
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(ii) for each project, the maximum amount the agency is estimating for the project.
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(f) "Program" means a service provided by an agency to members of the public, other
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agencies, or to employees of the agency.
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(2) Notwithstanding the requirements of Section
63-38-8
, an agency may[: (a)], by
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following the procedures and requirements of this section, retain and expend any appropriation
293
balance[; and].
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[(b) comply with the requirements of Subsections
63-9-67
(2) and
63-38-18
(2).]
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(3) (a) Each agency that wishes to preserve any part or all of its appropriation balance
296
as nonlapsing shall include a one-time projects list as part of the budget request that it submits
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to the governor and the Legislature at the annual general session of the Legislature immediately
298
before the end of the fiscal year in which the agency may have an appropriation balance.
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(b) An agency may not include a proposed expenditure on its one-time projects list if:
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(i) the expenditure creates a new program;
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(ii) the expenditure enhances the level of an existing program; or
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(iii) the expenditure will require a legislative appropriation in the next fiscal year.
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(c) The governor:
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(i) may approve some or all of the items from an agency's one-time projects list; and
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(ii) shall identify and prioritize any approved one-time projects in the budget that he
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submits to the Legislature.
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(4) The Legislature:
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(a) may approve some or all of the specific items from an agency's one-time projects
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list as authorized expenditures of an agency's appropriation balance;
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(b) shall identify any authorized one-time projects in the appropriate line item
311
appropriation; and
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(c) may prioritize one-time projects in intent language.
313
Section 7.
Section
63A-5-103
is amended to read:
314
63A-5-103. Board -- Powers.
315
(1) The State Building Board shall:
316
(a) in cooperation with state institutions, departments, commissions, and agencies,
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prepare a master plan of structures built or contemplated;
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(b) submit to the governor and the Legislature a comprehensive five-year building plan
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for the state containing the information required by Subsection (2);
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(c) amend and keep current the five-year building program for submission to the
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governor and subsequent legislatures;
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(d) as a part of the long-range plan, recommend to the governor and Legislature any
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changes in the law that are necessary to insure an effective, well-coordinated building program
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for all state institutions;
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(e) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
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make rules:
327
(i) that are necessary to discharge its duties and the duties of the Division of Facilities
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Construction and Management [by following the procedures and requirements of Title 63,
329
Chapter 46a, Utah Administrative Rulemaking Act]; and
330
(ii) to establish standards and requirements for life cycle cost-effectiveness of state
331
facility projects;
332
(f) with support from the Division of Facilities Construction and Management,
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establish design criteria, standards, and procedures for [the use of state agencies and
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institutions in the planning for] planning, design, and construction of new state [buildings and]
335
facilities and for improvements to existing state facilities, including life-cycle costing,
336
cost-effectiveness studies, and other methods and procedures that [demonstrate] address:
337
(i) the need for the building or facility;
338
(ii) the effectiveness of its design;
339
(iii) the efficiency of energy use; and
340
(iv) the usefulness of the building or facility over its lifetime;
341
(g) prepare and submit a yearly request to the governor and the Legislature for a
342
designated amount of square footage by type of space to be leased by the Division of Facilities
343
Construction and Management in that fiscal year; and
344
(h) assure the efficient use of all building space.
345
(2) In order to provide adequate information upon which the State Building Board may
346
make its recommendation under Subsection (1), any state agency requesting new full-time
347
employees for the next fiscal year shall report those anticipated requests to the building board
348
at least 90 days before the annual general session in which the request is made.
349
(3) (a) The State Building Board shall ensure that the five-year building plan required
350
by Subsection (1)(c) includes:
351
(i) a list that prioritizes construction of new buildings for all structures built or
352
contemplated based upon each agency's, department's, commission's, and institution's present
353
and future needs;
354
(ii) information, and space use data for all state-owned and leased facilities;
355
(iii) substantiating data to support the adequacy of any projected plans;
356
(iv) a summary of all statewide contingency reserve and project reserve balances as of
357
the end of the most recent fiscal year;
358
(v) a list of buildings that have completed a comprehensive facility evaluation by an
359
architect/engineer or are scheduled to have an evaluation;
360
(vi) for those buildings that have completed the evaluation, the estimated costs of
361
needed improvements; and
362
(vii) for projects recommended in the first two years of the five-year building plan:
363
(A) detailed estimates of the cost of each project;
364
(B) the estimated cost to operate and maintain the building or facility on an annual
365
basis;
366
(C) the estimated number of new agency full-time employees expected to be housed in
367
the building or facility;
368
(D) the estimated cost of new or expanded programs and personnel expected to be
369
housed in the building or facility;
370
(E) the estimated lifespan of the building with associated costs for major component
371
replacement over the life of the building; and
372
(F) the estimated cost of any required support facilities.
373
(b) [The] In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
374
Act, the State Building Board may make rules prescribing the format for submitting the
375
information required by this Subsection (3).
376
(4) (a) [The] In accordance with Title 63, Chapter 46a, Utah Administrative
377
Rulemaking Act, the State Building Board may make rules establishing circumstances under
378
which bids may be modified when all bids for a construction project exceed available funds as
379
certified by the director.
380
(b) In making those rules, the State Building Board shall provide for the fair and
381
equitable treatment of bidders.
382
Section 8.
Section
63A-5-104
is amended to read:
383
63A-5-104. Capital development and capital improvement process -- Approval
384
requirements -- Limitations on new projects -- Emergencies.
385
(1) As used in this section:
386
(a) "Capital developments" means any:
387
(i) remodeling, site, or utility projects with a total cost of $1,500,000 or more;
388
(ii) new facility with a construction cost of $250,000 or more; or
389
(iii) purchase of real property where an appropriation is requested to fund the purchase.
390
(b) "Capital improvements" means any:
391
(i) remodeling, alteration, replacement, or repair project with a total cost of less than
392
$1,500,000;
393
(ii) site and utility improvement with a total cost of less than $1,500,000; or
394
(iii) new facility with a total construction cost of less than $250,000.
395
(c) (i) "New facility" means the construction of any new building on state property
396
regardless of funding source.
397
(ii) "New facility" includes:
398
(A) an addition to an existing building; and
399
(B) the enclosure of space that was not previously fully enclosed.
400
(iii) "New facility" does not mean:
401
(A) the replacement of state-owned space that is demolished, if the total construction
402
cost of the replacement space is less than $1,500,000; or
403
(B) the construction of facilities that do not fully enclose a space.
404
(d) "Replacement cost of existing state facilities" means the replacement cost, as
405
determined by the Division of Risk Management, of state facilities, excluding auxiliary
406
facilities as defined by the State Building Board.
407
(e) "State funds" means public monies appropriated by the Legislature.
408
(2) The State Building Board, on behalf of all state agencies, commissions,
409
departments, and institutions shall submit its capital development recommendations and
410
priorities to the Legislature for approval and prioritization.
411
(3) (a) Except as provided in Subsections (3)(b), (d), and (e), a capital development
412
project may not be constructed on state property without legislative approval.
413
(b) Legislative approval is not required for a capital development project if the State
414
Building Board determines that:
415
(i) the requesting higher education institution has provided adequate assurance that:
416
(A) state funds will not be used for the design or construction of the facility; and
417
(B) the higher education institution has a plan for funding in place that will not require
418
increased state funding to cover the cost of operations and maintenance to, or state funding for,
419
immediate or future capital improvements to the resulting facility; and
420
(ii) the use of the state property is:
421
(A) appropriate and consistent with the master plan for the property; and
422
(B) will not create an adverse impact on the state.
423
(c) (i) The Division of Facilities Construction and Management shall maintain a record
424
of facilities constructed under the exemption provided in Subsection (3)(b).
425
(ii) For facilities constructed under the exemption provided in Subsection (3)(b), a
426
higher education institution may not request:
427
(A) increased state funds for operations and maintenance; or
428
(B) state capital improvement funding.
429
(d) Legislative approval is not required for:
430
(i) the renovation, remodeling, or retrofitting of an existing facility with nonstate funds;
431
(ii) facilities to be built with nonstate funds and owned by nonstate entities within
432
research park areas at the University of Utah and Utah State University;
433
(iii) facilities to be built at This is the Place State Park by This is the Place Foundation
434
with funds of the foundation, including grant monies from the state, or with donated services or
435
materials;
436
(iv) capital projects that are funded by the Navajo Trust Fund Board from Navajo Trust
437
Fund monies and the Uintah Basin Revitalization Fund that do not provide a new facility for a
438
state agency or higher education institution; or
439
(v) capital projects on school and institutional trust lands that are funded by the School
440
and Institutional Trust Lands Administration from the Land Grant Management Fund and that
441
do not fund construction of a new facility for a state agency or higher education institution.
442
(e) (i) Legislative approval is not required for capital development projects to be built
443
for the Department of Transportation as a result of an exchange of real property under Section
444
72-5-111
.
445
(ii) When the Department of Transportation approves those exchanges, it shall notify
446
the president of the Senate, the speaker of the House, and the cochairs of the Capital Facilities
447
and Administrative Services Subcommittee of the Legislature's Joint Appropriation Committee
448
about any new facilities to be built under this exemption.
449
(4) (a) The State Building Board, on behalf of all state agencies, commissions,
450
departments, and institutions shall by January 15 of each year, submit a list of anticipated
451
capital improvement requirements to the Legislature for review and approval.
452
(b) Unless otherwise directed by the Legislature, the building board shall prioritize
453
capital improvements from the list submitted to the Legislature up to the level of appropriation
454
made by the Legislature.
455
(c) In prioritizing capital improvements, the building board shall consider the results of
456
facility evaluations completed by an architect/engineer as stipulated by the building board's
457
facilities maintenance standards.
458
(d) The building board may require an entity that benefits from a capital improvement
459
project to repay the capital improvement funds from savings that result from the project.
460
(5) The Legislature may authorize:
461
(a) the total square feet to be occupied by each state agency; and
462
(b) the total square feet and total cost of lease space for each agency.
463
(6) (a) Except as provided in Subsection (6)(b), the Legislature may not fund the design
464
or construction of any new capital development projects, except to complete the funding of
465
projects for which partial funding has been previously provided, until the Legislature has
466
appropriated 1.1% of the replacement cost of existing state facilities to capital improvements.
467
(b) (i) As used in this Subsection (6)(b), "operating deficit" means that estimated
468
General Fund or Uniform School Fund revenues are less than budgeted for the current or next
469
fiscal year.
470
(ii) If the Legislature determines that an operating deficit exists, the Legislature may, in
471
eliminating the deficit, reduce the amount appropriated to capital improvements to 0.9% of the
472
replacement cost of state buildings.
473
(7) (a) If, after approval of capital development and capital improvement priorities by
474
the Legislature under this section, emergencies arise that create unforeseen critical capital
475
improvement projects, the State Building Board may, notwithstanding the requirements of Title
476
63, Chapter 38, Budgetary Procedures Act, reallocate capital improvement funds to address
477
those projects.
478
(b) The building board shall report any changes it makes in capital improvement
479
allocations approved by the Legislature to:
480
(i) the Office of Legislative Fiscal Analyst within 30 days of the reallocation; and
481
(ii) the Legislature at its next annual general session.
482
(8) (a) The State Building Board may adopt a rule allocating to institutions and
483
agencies their proportionate share of capital improvement funding.
484
(b) The building board shall ensure that the rule:
485
(i) reserves funds for the Division of Facilities Construction and Management for
486
emergency projects; and
487
(ii) allows the delegation of projects to some institutions and agencies with the
488
requirement that a report of expenditures will be filed annually with the Division of Facilities
489
Construction and Management and appropriate governing bodies.
490
(9) It is the intent of the Legislature that in funding capital improvement requirements
491
under this section the General Fund be considered as a funding source for at least half of those
492
costs.
493
Section 9.
Section
63A-5-204
is amended to read:
494
63A-5-204. Specific powers and duties of director.
495
(1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the
496
same meaning as provided in Section
63C-9-102
.
497
(2) (a) The director shall:
498
(i) recommend rules to the executive director for the use and management of facilities
499
and grounds owned or occupied by the state for the use of its departments and agencies;
500
(ii) supervise and control the allocation of space, in accordance with legislative
501
directive through annual appropriations acts or other specific legislation, to the various
502
departments, commissions, institutions, and agencies in all buildings or space owned, leased, or
503
rented by or to the state, except capitol hill facilities and capitol hill grounds and except as
504
otherwise provided by law;
505
(iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3,
506
Division of Facilities Construction and Management Leasing;
507
(iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature
508
through the appropriations act or other specific legislation, and hold title to, in the name of the
509
division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its
510
agencies;
511
(v) adopt and use a common seal, of a form and design determined by the director, and
512
of which courts shall take judicial notice;
513
(vi) file a description and impression of the seal with the Division of Archives;
514
(vii) collect and maintain all deeds, abstracts of title, and all other documents
515
evidencing title to or interest in property belonging to the state or any of its departments, except
516
institutions of higher education and the School and Institutional Trust Lands Administration;
517
(viii) report all properties acquired by the state, except those acquired by institutions of
518
higher education, to the director of the Division of Finance for inclusion in the state's financial
519
records;
520
(ix) before charging a rate, fee, or other amount for services provided by the division's
521
internal service fund to an executive branch agency, or to a subscriber of services other than an
522
executive branch agency:
523
(A) submit the proposed rates, fees, and cost analysis to the Rate Committee
524
established in Section
63A-1-114
; and
525
(B) obtain the approval of the Legislature as required by Section
63-38-3.5
;
526
(x) conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed
527
rates and fees, which analysis shall include a comparison of the division's rates and fees with
528
the fees of other public or private sector providers where comparable services and rates are
529
reasonably available; [and]
530
(xi) implement the State Building Energy Efficiency Program under Section
63-9-67
;
531
and
532
[(xi)] (xii) take all other action necessary for carrying out the purposes of this chapter.
533
(b) Legislative approval is not required for acquisitions by the division that cost less
534
than $250,000.
535
(3) (a) The director shall direct or delegate maintenance and operations, preventive
536
maintenance, and facilities inspection programs and activities for any department, commission,
537
institution, or agency, except:
538
(i) the State Capitol Preservation Board; and
539
(ii) state institutions of higher education.
540
(b) The director may choose to delegate responsibility for these functions only when
541
the director determines that:
542
(i) the department or agency has requested the responsibility;
543
(ii) the department or agency has the necessary resources and skills to comply with
544
facility maintenance standards approved by the State Building Board; and
545
(iii) the delegation would result in net cost savings to the state as a whole.
546
(c) The State Capitol Preservation Board and state institutions of higher education are
547
exempt from Division of Facilities Construction and Management oversight.
548
(d) Each state institution of higher education shall comply with the facility
549
maintenance standards approved by the State Building Board.
550
(e) Except for the State Capitol Preservation Board, agencies and institutions that are
551
exempt from division oversight shall annually report their compliance with the facility
552
maintenance standards to the division in the format required by the division.
553
(f) The division shall:
554
(i) prescribe a standard format for reporting compliance with the facility maintenance
555
standards;
556
(ii) report agency and institution compliance or noncompliance with the standards to
557
the Legislature; and
558
(iii) conduct periodic audits of exempt agencies and institutions to ensure that they are
559
complying with the standards.
560
(4) (a) In making any allocations of space under Subsection (2), the director shall:
561
(i) conduct studies to determine the actual needs of each department, commission,
562
institution, or agency; and
563
(ii) comply with the restrictions contained in this Subsection (4).
564
(b) The supervision and control of the legislative area is reserved to the Legislature.
565
(c) The supervision and control of the judicial area is reserved to the judiciary for trial
566
courts only.
567
(d) The director may not supervise or control the allocation of space for entities in the
568
public and higher education systems.
569
(e) The supervision and control of capitol hill facilities and capitol hill grounds is
570
reserved to the State Capitol Preservation Board.
571
(5) The director may:
572
(a) hire or otherwise procure assistance and services, professional, skilled, or
573
otherwise, that are necessary to carry out the director's responsibilities, and may expend funds
574
provided for that purpose either through annual operating budget appropriations or from
575
nonlapsing project funds;
576
(b) sue and be sued in the name of the division; and
577
(c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the
578
Legislature, whatever real or personal property that is necessary for the discharge of the
579
director's duties.
580
(6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may
581
hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes
582
other than administration that are under their control and management:
583
(a) the Office of Trust Administrator;
584
(b) the Department of Transportation;
585
(c) the Division of Forestry, Fire and State Lands;
586
(d) the Department of Natural Resources;
587
(e) the Utah National Guard;
588
(f) any area vocational center or other institution administered by the State Board of
589
Education; and
590
(g) any institution of higher education.
591
(7) The director shall ensure that any firm performing testing and inspection work
592
governed by the American Society for Testing Materials Standard E-329 on public buildings
593
under the director's supervision shall:
594
(a) fully comply with the American Society for Testing Materials standard
595
specifications for agencies engaged in the testing and inspection of materials known as ASTM
596
E-329; and
597
(b) carry a minimum of $1,000,000 of errors and omissions insurance.
598
(8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust
599
Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances
600
held by it that are under its control.
601
Section 10.
Section
63A-5-206
is amended to read:
602
63A-5-206. Construction, alteration, and repair of state facilities -- Powers of
603
director -- Exceptions -- Expenditure of appropriations -- Notification to local
604
governments for construction or modification of certain facilities.
605
(1) As used in this section:
606
[(a) "Analysis" means an economic assessment of competing design and maintenance
607
alternatives, the object of which is to reduce cost and conserve energy.]
608
[(b)] (a) "Capital developments" and "capital improvements" have the same meaning as
609
provided in Section
63A-5-104
.
610
[(c)] (b) "Compliance agency" has the same meaning as provided in Subsection
611
58-56-3
(4).
612
[(d)] (c) (i) "Facility" means any building, structure, or other improvement that is
613
constructed on property owned by the state, its departments, commissions, institutions, or
614
agencies.
615
(ii) "Facility" does not mean an unoccupied structure that is a component of the state
616
highway system.
617
[(e)] (d) "Life cycle cost-effective" means, as provided for in rules adopted by the State
618
Building Board, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
619
Act, the [lowest] most prudent cost of owning and operating a facility [over a 25-year period],
620
including the initial cost, energy costs, operation and maintenance costs, repair costs, and the
621
costs of energy conservation and renewable energy systems.
622
[(f)] (e) "Local government" means the county, municipality, or local school district
623
that would have jurisdiction to act as the compliance agency if the property on which the
624
project is being constructed were not owned by the state.
625
[(g)] (f) "Renewable energy system" means a system designed to use solar, wind,
626
geothermal power, wood, or other replenishable energy source to heat, cool, or provide
627
electricity to a building.
628
(2) (a) Except as provided in Subsections (3) and (4), the director shall exercise direct
629
supervision over the design and construction of all new facilities, and all alterations, repairs,
630
and improvements to existing facilities if the total project construction cost, regardless of the
631
funding source, is greater than $100,000.
632
(b) The director shall prepare or have prepared by private firms or individuals designs,
633
plans, and specifications for the projects administered by the division.
634
(c) Before proceeding with construction, the director and the officials charged with the
635
administration of the affairs of the particular department, commission, institution, or agency
636
shall approve the location, design, plans, and specifications.
637
(3) Projects for the construction of new facilities and alterations, repairs, and
638
improvements to existing facilities are not subject to Subsection (2) if the project:
639
(a) occurs on property under the jurisdiction of the State Capitol Preservation Board;
640
(b) is within a designated research park at the University of Utah or Utah State
641
University;
642
(c) occurs within the boundaries of This is the Place State Park and is administered by
643
This is the Place Foundation except that This is the Place Foundation may request the director
644
to administer the design and construction; or
645
(d) is for the creation and installation of art under Title 9, Chapter 6, Part 4, Utah
646
Percent-for-Art Act.
647
(4) (a) (i) The State Building Board may authorize the delegation of control over
648
design, construction, and all other aspects of any project to entities of state government on a
649
project-by-project basis or for projects within a particular dollar range and a particular project
650
type.
651
(ii) The state entity to whom control is delegated shall assume fiduciary control over
652
project finances, shall assume all responsibility for project budgets and expenditures, and shall
653
receive all funds appropriated for the project, including any contingency funds contained in the
654
appropriated project budget.
655
(iii) Delegation of project control does not exempt the state entity from complying with
656
the codes and guidelines for design and construction adopted by the division and the State
657
Building Board.
658
(iv) State entities that receive a delegated project may not access, for the delegated
659
project, the division's statewide contingency reserve and project reserve authorized in Section
660
63A-5-209
.
661
(b) For facilities that will be owned, operated, maintained, and repaired by an entity
662
that is not a state agency or institution and that are located on state property, the State Building
663
Board may authorize the owner to administer the design and construction of the project instead
664
of the division.
665
(5) Notwithstanding any other provision of this section, if a donor donates land to an
666
eligible institution of higher education and commits to build a building or buildings on that
667
land, and the institution agrees to provide funds for the operations and maintenance costs from
668
sources other than state funds, and agrees that the building or buildings will not be eligible for
669
state capital improvement funding, the higher education institution may:
670
(a) oversee and manage the construction without involvement, oversight, or
671
management from the division; or
672
(b) arrange for management of the project by the division.
673
(6) (a) The role of compliance agency as provided in Title 58, Chapter 56, Utah
674
Uniform Building Standards Act, shall be provided by:
675
(i) the director, for projects administered by the division;
676
(ii) the entity designated by the State Capitol Preservation Board, for projects under
677
Subsection (3)(a);
678
(iii) the local government, for projects exempt from the division's administration under
679
Subsection (3)(b) or administered by This is the Place Foundation under Subsection (3)(c);
680
(iv) the state entity or local government designated by the State Building Board, for
681
projects under Subsection (4); or
682
(v) the institution, for projects exempt from the division's administration under
683
Subsection (5)(a).
684
(b) For the installation of art under Subsection (3)(d), the role of compliance agency
685
shall be provided by the entity that is acting in this capacity for the balance of the project as
686
provided in Subsection (6)(a).
687
(c) The local government acting as the compliance agency under Subsection (6)(a)(iii)
688
may:
689
(i) only review plans and inspect construction to enforce the building codes as adopted
690
by the Uniform Building Codes Commission; and
691
(ii) charge a building permit fee of no more than the amount it could have charged if
692
the land upon which the improvements are located were not owned by the state.
693
(d) (i) The use of state property and any improvements constructed on state property,
694
including improvements constructed by nonstate entities, is not subject to the zoning authority
695
of local governments as provided in Sections
10-9a-304
and
17-27a-304
.
696
(ii) The state entity controlling the use of the state property shall consider any input
697
received from the local government in determining how the property shall be used.
698
(7) Before construction may begin, the director shall review the design of projects
699
exempted from the division's administration under Subsection (4) to determine if the design:
700
(a) complies with any restrictions placed on the project by the State Building Board;
701
and
702
(b) is appropriate for the purpose and setting of the project.
703
(8) [(a)] The director shall ensure that state-owned facilities, except for facilities under
704
the control of the State Capitol Preservation Board, are life cycle cost-effective.
705
[(b) The estimated cost of the analysis shall be included in each program budget
706
document and in the project funding request submitted to the State Building Board, the
707
governor, and the Legislature.]
708
[(c) The final cost estimate shall reflect the most life cycle cost-effective building.]
709
[(d) The State Building Board, in consultation with the director and the State Energy
710
Manager, shall make rules to implement this Subsection (8) by following the procedures and
711
requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.]
712
[(e) The State Building Board may exempt a facility from being life cycle
713
cost-effective pursuant to rules, after reviewing and concurring with a written request and
714
justification from the director.]
715
(9) The director may expend appropriations for statewide projects from funds provided
716
by the Legislature for those specific purposes and within guidelines established by the State
717
Building Board.
718
(10) (a) The director, with the approval of the Office of Legislative Fiscal Analyst,
719
shall develop standard forms to present capital development and capital improvement cost
720
summary data.
721
(b) The director shall:
722
(i) within 30 days after the completion of each capital development project, submit cost
723
summary data for the project on the standard form to the Office of Legislative Fiscal Analyst;
724
and
725
(ii) upon request, submit cost summary data for a capital improvement project to the
726
Office of Legislative Fiscal Analyst on the standard form.
727
(11) Notwithstanding the requirements of Title 63, Chapter 38, Budgetary Procedures
728
Act, the director may:
729
(a) accelerate the design of projects funded by any appropriation act passed by the
730
Legislature in its annual general session;
731
(b) use any unencumbered existing account balances to fund that design work; and
732
(c) reimburse those account balances from the amount funded for those projects when
733
the appropriation act funding the project becomes effective.
734
(12) (a) The director, his designee, or the state entity to whom control has been
735
designated under Subsection (4), shall notify in writing the elected representatives of local
736
government entities directly and substantively affected by any diagnostic, treatment, parole,
737
probation, or other secured facility project exceeding $250,000, if:
738
(i) the nature of the project has been significantly altered since prior notification;
739
(ii) the project would significantly change the nature of the functions presently
740
conducted at the location; or
741
(iii) the project is new construction.
742
(b) At the request of either the state entity or the local government entity,
743
representatives from the state entity and the affected local entity shall conduct or participate in
744
a local public hearing or hearings to discuss these issues.
745
(13) (a) (i) Before beginning the construction of student housing on property owned by
746
the state or a public institution of higher education, the director shall provide written notice of
747
the proposed construction, as provided in Subsection (13)(a)(ii), if any of the proposed student
748
housing buildings is within 300 feet of privately owned residential property.
749
(ii) Each notice under Subsection (13)(a)(i) shall be provided to the legislative body
750
and, if applicable, the mayor of:
751
(A) the county in whose unincorporated area the privately owned residential property is
752
located; or
753
(B) the municipality in whose boundaries the privately owned residential property is
754
located.
755
(b) (i) Within 21 days after receiving the notice required by Subsection (13)(a)(i), a
756
county or municipality entitled to the notice may submit a written request to the director for a
757
public hearing on the proposed student housing construction.
758
(ii) If a county or municipality requests a hearing under Subsection (13)(b)(i), the
759
director and the county or municipality shall jointly hold a public hearing to provide
760
information to the public and to allow the director and the county or municipality to receive
761
input from the public about the proposed student housing construction.
762
Section 11. Repealer.
763
This bill repeals:
764
Section 63-38-18, Refund for electrical service to be deposited into the LeRay
765
McAllister Fund.
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