Utah Code § 53H-9-604 — Utah Code / Title 53H / Chapter 53H-9 / § 53H-9-604
§ 53H-9-604. Legislative approval -- Capital development projects -- Prioritization.
Status: in_force

(1) As used in this section: (a) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. (b) "Fund" means the Technical Colleges Capital Projects Fund created in Section 53H-9-605. (2) In accordance with this section, a technical college is required to receive legislative approval in an appropriations act for a dedicated project or a nondedicated project. (3) In accordance with Section 53H-9-603, a technical college shall: (a) submit to the board a proposal for a funding request for each dedicated project or nondedicated project for which the technical college seeks legislative approval; and (b) ensure that the proposal described in Subsection (3)(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. (4) The board shall: (a) review each proposal submitted under Subsection (3) to ensure that the proposal complies with Section 53H-9-603; (b) based on the results of the board's review under Subsection (4)(a), create: (i) a list of approved dedicated projects, prioritized in accordance with Subsection (6); and (ii) a list of approved nondedicated projects, prioritized in accordance with Subsection (6); and (c) submit the lists described in Subsection (4)(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 (4)(b)(i); or (B) recommendation and prioritization, for the list described in Subsection (4)(b)(ii). (5) 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. (6) (a) Subject to Subsection (7), the board shall prioritize funding requests for capital development projects described in this section based on: (i) growth and capacity; (ii) effectiveness and support of critical programs; (iii) cost effectiveness; (iv) building deficiencies and life safety concerns; and (v) alternative funding sources. (b) The board shall establish: (i) how the board will measure each factor described in Subsection (6)(a); and (ii) procedures for prioritizing funding requests for capital development projects described in this section. (7) (a) Subject to Subsection (7)(b), and in accordance with Subsection (6), the board may annually prioritize: (i) up to three nondedicated projects if the ongoing appropriation to the fund is less than $7,000,000; (ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least $7,000,000 but less than $14,000,000; or (iii) one nondedicated project if the ongoing appropriation to the fund is at least $14,000,000. (b) For each calendar year, the dollar amounts described in Subsection (7)(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. (8) (a) A technical college may request operations and maintenance funds for a capital development project approved under this section. (b) A technical college shall make the request described in Subsection (8)(a) at the same time the technical college submits the proposal described in Subsection (3). (c) The Legislature shall consider a technical college's request described in Subsection (8)(a).