Title 63A. Utah Administrative Services Code Chapter 1


A-5b-406 Limitations on new projects



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

(1) The Legislature may authorize:

(a) the total square footage to be occupied by each agency; and

(b) the total square footage and total cost of lease space for each agency.

(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:

(a) the portion of operations and maintenance, if any, that will require an immediate or future increase in state funding; and

(b) the portion of capital improvements, if any, that will require an immediate or future increase in state funding.

(3)

(a) 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.

(b) If the Legislature determines that there exists an Education 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.

(c) Subsection (3)(a) does not apply to a dedicated project as defined in Section 63A-5b-403.

(4)

(a)

(i) 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.

(ii) Subsection (4)(a)(i) does not apply to a dedicated project as defined in Section 63A-5b-403.

(b) An agency shall receive approval from the director before the agency begins programming for a new facility:

(i) that requires legislative approval; or

(ii) to be built under Subsection 63A-5b-404(2).

(c) 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).

(5)

(a) 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.

(b) The director shall:

(i) 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

(ii) upon request, submit cost summary data for a capital improvement project to the Office of the Legislative Fiscal Analyst on the standard form.

(6)

(a) 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:

(i) if an emergency arises that creates an unforeseen and critical need for the capital improvement project; and

(ii) notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures Act.

(b) The director shall report any changes the director makes in capital development project or capital improvement project allocations approved by the Legislature to:

(i) the Office of the Legislative Fiscal Analyst within 30 days after the reallocation; and

(ii) the Legislature at the Legislature’s next annual general session.


Enacted by Chapter 152, 2020 General Session



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