reglab/housing_qa huggingface dataset:
UT Code § 63A-5b-501 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 5 - Planning and Programming|Section 501 - Five-year building plan.

 Effective 5/12/2020  63A-5b-501. Five-year building plan.    (1) The director shall:   (a) in cooperation with agencies, prepare a master plan of structures built or contemplated;     (b) submit to the governor and the Legislature a comprehensive five-year building plan for the state containing the information required by Subsection (2);     (c) amend and keep current the five-year building plan that complies with the requirements described in Subsection (2), for submission to the governor and subsequent legislatures; and     (d) as part of the long-range plan, recommend to the governor and Legislature any changes in the law that are necessary to ensure an effective, well-coordinated building program for all agencies.       (2)   (a) The director shall ensure that the five-year building plan required by Subsection (1)(b) includes:   (i) a list that prioritizes construction of new buildings for all structures built or contemplated based upon each agency's present and future needs;     (ii) information and space use data for all state-owned and leased facilities;     (iii) substantiating data to support the adequacy of any projected plans;     (iv) a summary of all statewide contingency reserve and project reserve balances as of the end of the most recent fiscal year;     (v) a list of buildings that have completed a comprehensive facility evaluation by an architect or engineer or are scheduled to have an evaluation;     (vi) for those buildings that have completed the evaluation, the estimated costs of needed improvements; and     (vii) for projects recommended in the first two years of the five-year building plan:   (A) detailed estimates of the cost of each project;     (B) the estimated cost to operate and maintain the building or facility on an annual basis;     (C) the cost of capital improvements to the building or facility, estimated at 1.1% of the replacement cost of the building or facility, on an annual basis;     (D) the estimated number of new agency full-time employees expected to be housed in the building or facility;     (E) the estimated cost of new or expanded programs and personnel expected to be housed in the building or facility;     (F) the estimated lifespan of the building with associated costs for major component replacement over the life of the building; and     (G) the estimated cost of any required support facilities.         (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director may make rules prescribing the format for submitting the information required by this Subsection (2).       (3) To provide adequate information to enable the director to make a recommendation described in Subsection (1), an agency requesting new full-time employees for the next fiscal year shall report those anticipated requests to the director at least 90 days before the annual general session in which the request is made.    Enacted by Chapter 152, 2020 General Session
UT Code § 63A-5b-503 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 5 - Planning and Programming|Section 503 - Planning Fund expenditures authorized -- Ceiling on expenditures -- Recovery.

 Effective 5/12/2020  63A-5b-503. Planning Fund expenditures authorized -- Ceiling on expenditures -- Recovery.    (1) The Planning Fund shall be used to make payments for engineering, architectural, and other planning expenses necessary to make a meaningful cost estimate of any facility or improvement with a demonstrable or immediate need.     (2) The director may make expenditures from the Planning Fund in order to provide planning information to the board, the governor, and the Legislature, up to a maximum of $350,000 in outstanding Planning Fund commitments.     (3)   (a) The director shall authorize all payments made from the Planning Fund.     (b) Payments from the Planning Fund shall be a charge on the project for which they were drawn.     (c) If the Legislature appropriates money for a building project for which planning costs have previously been paid from the Planning Fund, the director shall credit that amount to the Planning Fund.       (4)   (a) The director may expend money from the Planning Fund for architectural and engineering services incident to the planning and preparation of applications for funds on construction financed by other than state sources, including federal grants.     (b) Upon approval of financing referred to in Subsection (4)(a), the director shall reimburse to the Planning Fund the money spent for architectural and engineering services.      Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-601 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 6 - Design and Construction|Section 601 - Definitions.

 Effective 5/12/2020  63A-5b-601. Definitions.  As used in this part:  (1)   (a) "Facility" means any building, structure, or other improvement that is constructed:   (i) on property owned by the state, the state's departments, commissions, institutions, or agencies; or     (ii) by the state, the state's departments, commissions, institutions, or agencies on property not owned by the state.       (b) "Facility" does not mean an unoccupied structure that is a component of the state highway system.       (2) "Local government" means the county, municipality, or local school district that would have jurisdiction to act as the compliance agency if the division did not have jurisdiction to act as the compliance agency.    Enacted by Chapter 152, 2020 General Session
UT Code § 63A-5b-602 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 6 - Design and Construction|Section 602 - Design criteria, standards, and procedures.

 Effective 5/12/2020  63A-5b-602. Design criteria, standards, and procedures.    (1) The director shall establish design criteria, standards, and procedures for the planning, design, and construction of a new facility and for improvements to an existing facility, including life-cycle costing, cost-effectiveness studies, and other methods and procedures that address:   (a) the need for the facility;     (b) the effectiveness of the facility's design;     (c) the efficiency of energy use; and     (d) the usefulness of the facility over the facility's lifetime.       (2) Before proceeding with construction, the director and the officials charged with the administration of the affairs of the particular agency shall approve the location, design, plans, and specifications.     (3) The director shall prepare or have prepared by one or more private persons the designs, plans, and specifications for the projects administered by the division.     (4) Before construction may begin, the director shall review the design of projects exempted from the division's administration under Section 63A-5b-604 to determine if the design:   (a) complies with any restrictions placed on the project by the director; and     (b) is appropriate for the purpose and setting of the project.       (5) Notwithstanding the requirements of Title 63J, Chapter 1, Budgetary Procedures Act, the director may:   (a) accelerate the design of a project funded by an appropriation act passed by the Legislature in the Legislature's annual general session;     (b) use an unencumbered existing account balance to fund that design work; and     (c) reimburse the account balance from the amount funded for the project when the appropriation act funding the project becomes effective.      Enacted by Chapter 152, 2020 General Session
UT Code § 63A-5b-603 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 6 - Design and Construction|Section 603 - Contracting powers of director -- Bids -- Retainage.

 Effective 5/12/2020  63A-5b-603. Contracting powers of director -- Bids -- Retainage.    (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the director may enter into a contract for any work or professional service that the division or board may do or have done.     (2)   (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director may make rules establishing circumstances under which bids may be modified when all bids for a construction project exceed available funds as determined by the director.     (b) In making the rules described in Subsection (2)(a), the director shall provide for the fair and equitable treatment of bidders.     (c) The judgment of the director as to the responsibility and qualifications of a bidder is conclusive, except in case of fraud or bad faith.       (3) The division shall make all payments to the contractor for completed work in accordance with Section 15-6-2 and pay the interest specified in Section 15-6-3 on any payments that are late.     (4) If the division retains or withholds a payment on a contract with a private contractor to do work for the division, the division shall retain or withhold and release the payment as provided in Section 13-8-5.    Enacted by Chapter 152, 2020 General Session
UT Code § 63A-5b-606 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 6 - Design and Construction|Section 606 - Dispute resolution process -- Penalties for fraud or bad faith claim.

 Effective 5/12/2020  63A-5b-606. Dispute resolution process -- Penalties for fraud or bad faith claim.    (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall adopt rules for the division establishing a process for resolving disputes involved with contracts under the division's procurement authority.     (2) The director shall consider, and the rules may include:   (a) requirements regarding preliminary resolution efforts between the parties directly involved with the dispute;     (b) requirements for the filing of a claim, including notification, time frames, and documentation;     (c) identification of the types of costs eligible for allocation and a method for allocating costs among the parties to the dispute;     (d) a required time period, not to exceed 60 days, for the resolution of the claim;     (e) a provision for an independent hearing officer, panel, or arbitrator to extend the time period for resolution of the claim by not to exceed 60 additional days for good cause;     (f) a provision for the extension of required time periods if the claimant agrees;     (g) requirements that decisions be issued in writing;     (h) provisions for an administrative appeal of a decision;     (i) provisions for the timely payment of claims after resolution of the dispute, including any appeals;     (j) a requirement that the final determination resulting from the dispute resolution process provided for in the rules is a final agency action subject to judicial review as provided in Sections 63G-4-401 and 63G-4-402;     (k) a requirement that a claim or dispute that does not include a monetary claim against the division or an agent of the division is not limited to the dispute resolution process provided for in this section;     (l) requirements for claims and disputes to be eligible for the dispute resolution process under this section;     (m) the use of an independent hearing officer or panel or the use of arbitration or mediation; and     (n) the circumstances under which a subcontractor may file a claim directly with the division.       (3) A person pursuing a claim under the process established as provided in this section:   (a) is bound by the decision reached under this process, subject to any modification of the decision on appeal; and     (b) may not pursue a claim, protest, or dispute under the dispute resolution process established in Title 63G, Chapter 6a, Utah Procurement Code.       (4) A fraudulent misrepresentation made by or bad faith claim pursued by a contractor, subcontractor, or supplier, may be grounds for:   (a) the director to suspend or debar the contractor, subcontractor, or supplier; or     (b) the contractor, subcontractor, or supplier to be disciplined by the Division of Professional and Occupational Licensing.      Enacted by Chapter 152, 2020 General Session
UT Code § 63A-5b-608 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 6 - Design and Construction|Section 608 - Obligations beyond authorized funding prohibited -- Exceptions.

 Effective 5/12/2020  63A-5b-608. Obligations beyond authorized funding prohibited -- Exceptions.    (1) Unless otherwise specifically instructed by the terms of the appropriation for a particular project, the director shall assure that no obligations beyond the authorized funding are incurred in the construction of any project authorized by the Legislature.     (2) The director may expend appropriations for statewide projects from funds provided by the Legislature for the purposes and within the guidelines established by the Legislature.     (3) The director may consent to the drafting of a plan or the awarding of a contract that will exceed in cost the funding currently available for the project only if the Legislature has specifically provided for extending construction of a building or the completion of a project into future fiscal periods.    Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-610 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 6 - Design and Construction|Section 610 - Transfer from project reserve money.

 Effective 5/12/2020  63A-5b-610. Transfer from project reserve money.    (1) With the approval of and through an appropriation by the Legislature, the division shall transfer at least $100,000 annually from the project reserve money to the General Fund to pay for personal service expenses associated with the management of construction projects.     (2) With the approval of and as directed by the Legislature, the division shall transfer additional money from the project reserve money to pay administrative costs associated with the management of construction projects and other division responsibilities.    Renumbered and Amended by Chapter 152, 2020 General Session
UT Code § 63A-5b-701 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 7 - Operation and Maintenance|Section 701 - Operation and maintenance for state facilities.

 Effective 5/12/2020  63A-5b-701. Operation and maintenance for state facilities.    (1) As used in this section, "maintenance functions" means all programs and activities related to the operation and maintenance of a state facility, including preventive maintenance and inspection.     (2)   (a) The director shall direct or delegate maintenance functions for an agency, except for:   (i) the State Capitol Preservation Board; and     (ii) an institution of higher education.       (b) The director may delegate responsibility for maintenance functions to an agency only if:   (i) the agency requests the responsibility; and     (ii) the director determines that:   (A) the agency has the necessary resources and skills to comply with maintenance functions standards approved by the director; and     (B) the delegation would result in net cost savings to the state as a whole.         (c) The State Capitol Preservation Board and an institution of higher education are exempt from division oversight of maintenance functions.     (d) An institution of higher education shall comply with the division's facility maintenance functions standards.       (3)   (a) An institution of higher education shall annually report to the division, in a format required by the division, on the institution of higher education's compliance with the division's maintenance functions standards.     (b) The division shall:   (i) prescribe a standard format for reporting compliance with the division's maintenance functions standards;     (ii) report to the Legislature on the compliance or noncompliance with the standards; and     (iii) conduct periodic audits to ensure that institutions of higher education are complying with the standards and report the results of the audits to the Legislature.        Enacted by Chapter 152, 2020 General Session
UT Code § 63A-5b-702 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 7 - Operation and Maintenance|Section 702 - Standards and requirements for state facilities -- Life-cycle cost effectiveness.

 Effective 7/1/2021  63A-5b-702. Standards and requirements for state facilities -- Life-cycle cost effectiveness.    (1) As used in this section:   (a) "Life cycle cost-effective" means the most prudent cost of owning, operating, and maintaining a facility, including the initial cost, energy costs, operation and maintenance costs, repair costs, and the costs of energy conservation and renewable energy systems.     (b) "Renewable energy system" means a system designed to use solar, wind, geothermal power, wood, or other replenishable energy source to heat, cool, or provide electricity to a building.       (2) The director shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:   (a) that establish standards and requirements for determining whether a state facility project is life cycle cost-effective;     (b) for the monitoring of an agency's operation and maintenance expenditures for a state-owned facility;     (c) to establish standards and requirements for utility metering;     (d) that create an operation and maintenance program for an agency's facilities;     (e) that establish a methodology for determining reasonably anticipated inflationary costs for each operation and maintenance program described in Subsection (2)(d);     (f) that require an agency to report the amount the agency receives and expends on operation and maintenance; and     (g) that provide for determining the actual cost for operation and maintenance requests for a new facility.       (3) The director shall:   (a) ensure that state-owned facilities, except for facilities under the control of the State Capitol Preservation Board, are life cycle cost-effective;     (b) conduct ongoing facilities audits of state-owned facilities; and     (c) monitor an agency's operation and maintenance expenditures for state-owned facilities as provided in rules made under Subsection (2)(b).       (4)   (a) An agency shall comply with the rules made under Subsection (2) for new facility requests submitted to the Legislature for a session of the Legislature after the 2017 General Session.     (b) The Office of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget shall, for each agency with operation and maintenance expenses, ensure that each required budget for the agency is adjusted in accordance with the rules described in Subsection (2)(e).      Amended by Chapter 382, 2021 General Session
UT Code § 63A-5b-703 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 7 - Operation and Maintenance|Section 703 - Agency lease payments.

 Effective 5/12/2020  63A-5b-703. Agency lease payments.    (1)   (a) Beginning July 1, 2020, the division shall implement a program to charge agencies, except institutions of higher education, lease payments for the agency's use and occupancy of space within a building.     (b) Before July 1, 2020, the division shall:   (i) conduct a market analysis of market lease rates for comparable space in buildings comparable to division-owned buildings; and     (ii) establish lease rates for an agency's use and occupancy of a division-owned building.       (c) The lease rates shall be:   (i) consistent with market rates for comparable space in comparable buildings;     (ii) calculated to cover:   (A) an amortized amount for capital replacement;     (B) an amount for capital improvements; and     (C) operation and maintenance costs; and       (iii) in proportion to legislative appropriations.         (2) In making appropriations to cover lease payments under this section, the Legislature shall create a line item, as defined in Section 63J-1-102, for each agency to fund the lease payments.    Enacted by Chapter 152, 2020 General Session
UT Code § 63A-5b-801 (2021)
2021 Utah Code|Title 63A - Utah Government Operations Code|Chapter 5b - Administration of State Facilities|Part 8 - Acquisitions of Real Property Interests|Section 801 - Definitions.

 Effective 5/12/2020  63A-5b-801. Definitions.  As used in this part:  (1) "Agency optional term" means an option that is exclusively exercisable by a leasing agency to extend the lease term.     (2) "High-cost lease" means a real property lease that:   (a) has an initial term including any agency optional term of 10 years or more; or     (b) will require lease payments of more than $5,000,000 over the term of the lease, including any agency optional term.       (3)   (a) "Leasing agency" means a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.     (b) "Leasing agency" does not include:   (i) the legislative branch;     (ii) the judicial branch; and     (iii) an institution of higher education.         (4) "Significant lease terms" includes the duration of the lease, the frequency of the periodic payments, a renewal clause, a purchase option, a cancellation clause, a repair and maintenance clause, and a restriction on use of the property.    Enacted by Chapter 152, 2020 General Session