Utah Code § 63A-5b-303 — Utah Code / Title 63A / Chapter 63A-5b / § 63A-5b-303
§ 63A-5b-303. Duties and authority of division.
Status: in_force

(1) (a) The division shall: (i) 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; (ii) assure the efficient use of all building space under the division's supervision and control; (iii) 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); (iv) except as otherwise provided by statute, hold title to all real property, buildings, fixtures, and appurtenances owned by the state or an agency; (v) 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; (vi) (A) periodically conduct a market analysis of proposed rates and fees; and (B) include 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; (vii) 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; (viii) 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; (ix) 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; and (x) take all other action that the division is required to do under this chapter or other applicable statute. (b) 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. (c) The division may, without legislative approval, acquire title to real property for use by the state or an agency if: (i) the acquisition cost does not exceed $500,000, as estimated by the division; or (ii) 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 (1)(a)(viii). (2) The division may: (a) sue and be sued; (b) 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; (c) 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; and (d) take all other action necessary for carrying out the purposes of this chapter. (3) (a) The division may not supervise or control the allocation of space for an entity in the public education system. (b) The division may not supervise or control capitol hill or any part of capitol hill. (c) (i) 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. (ii) 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. (d) (i) 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. (ii) 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). (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: (a) submit an analysis of the proposed rate, fee, or other amount to the rate committee created in Section 63A-1-114; and (b) obtain the approval of the Legislature as required by Section 63J-1-410 or 63J-1-504.