Utah Code § 53H-9-504 — Utah Code / Title 53H / Chapter 53H-9 / § 53H-9-504
§ 53H-9-504. Funding request for capital development project -- Legislative approval -- Board prioritization, approval, and review.
Status: in_force

(1) In accordance with this section, a degree-granting institution is required to receive legislative approval in an appropriations act for a dedicated project or a nondedicated project. (2) A degree-granting institution shall: (a) submit to the board a proposal for a funding request for each dedicated project or nondedicated project for which the institution seeks legislative approval; and (b) ensure that the proposal described in Subsection (2)(a) includes: (i) the name of the project; (ii) a specification of the intent of the project as a dedicated project or a non-dedicated project; (iii) the projected cost of the project and the sources of funding, including internal funds, requested legislative appropriations, matching funds, or debt; (iv) a budget for the project, including: (A) any land cost; (B) architecture and engineering costs; (C) any impact fees; (D) horizontal development costs, including infrastructure and site work; (E) vertical construction costs; (F) furniture costs; (G) any plan to fund future operations, maintenance, and staffing costs; (H) financing costs; (I) construction management, project management, or other administrative costs; and (J) costs associated with the demolition or remodeling of existing space; (v) a rendering of the project; (vi) a narrative explaining the use of the facility, including the facility's expected life span; (vii) a facility utilization analysis demonstrating that the existing facilities are inadequate to serve the program or function for which the institution is seeking funding; and (viii) the amount of square feet of the project, including a breakdown of the uses of the space by square footage, including any: (A) classroom space; (B) lab space; (C) office space; (D) meeting room space; (E) entertainment space; (F) residential space; (G) garage or storage space; (H) mechanical space; and (I) common areas, including any atrium, stairway, restroom, or commons. (3) The board shall: (a) review each proposal submitted under Subsection (2) to ensure the proposal: (i) is cost effective and an efficient use of resources; (ii) is consistent with the degree-granting institution's mission and master plan; and (iii) fulfills a critical institutional facility need; (b) based on the results of the board's review under Subsection (3)(a), create: (i) a list of approved dedicated projects; and (ii) a list of approved nondedicated projects, prioritized in accordance with Subsection (5); and (c) submit the lists described in Subsection (3)(b), including the relevant proposals, to: (i) the governor; (ii) the Higher Education Appropriations Subcommittee; and (iii) the Division of Facilities Construction and Management for a: (A) recommendation, for the list described in Subsection (3)(b)(i); or (B) recommendation and prioritization, for the list described in Subsection (3)(b)(ii). (4) A dedicated project: (a) is subject to the recommendation of the Division of Facilities Construction and Management as described in Section 63A-5b-403; and (b) is not subject to the prioritization of the Division of Facilities Construction and Management as described in Section 63A-5b-403. (5) (a) Subject to Subsection (6), the board shall prioritize institution requests for funding for nondedicated projects based on: (i) capital facility need; (ii) utilization of facilities; (iii) maintenance and condition of facilities; and (iv) any other factor determined by the board. (b) The board shall establish how the board will prioritize institution requests for funding for nondedicated projects, including: (i) how the board will measure each factor described in Subsection (5)(a); and (ii) procedures for prioritizing requests. (6) (a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board may annually prioritize: (i) up to three nondedicated projects if the ongoing appropriation to the fund is less than $50,000,000; (ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least $50,000,000 but less than $100,000,000; or (iii) one nondedicated project if the ongoing appropriation to the fund is at least $100,000,000. (b) For each calendar year, the dollar amounts described in Subsection (6)(a) shall be adjusted by an amount equal to the percentage difference between: (i) the Consumer Price Index for the 2019 calendar year; and (ii) the Consumer Price Index for the previous calendar year. (7) (a) A degree-granting institution may request operations and maintenance funds for a capital development project approved under this section. (b) A degree-granting institution shall make the request described in Subsection (7)(a) at the same time the degree-granting institution submits the proposal described in Subsection (2). (c) The Legislature shall consider a degree-granting institution's request described in Subsection (7)(a). (8) After a degree-granting institution completes a capital development project described in this section, the board shall review the capital development project, including the costs and design of the capital development project.