reglab/statecodes huggingface dataset:
2023 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
2023 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 5/4/2022
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 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.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 6 - Design and Construction › Section 601 - Definitions.

Effective 5/4/2022
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 that the state or any of the state's departments, commissions, institutions, or agencies owns; or
(ii) by the state or any of the state's departments, commissions, institutions, or agencies on property that the state does not own.
(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.
Amended by Chapter 421, 2022 General Session
2023 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
2023 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 5/4/2022
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 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.
Amended by Chapter 421, 2022 General Session
2023 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 5/4/2022
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 make 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.
Amended by Chapter 169, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 8 - Acquisitions of Real Property Interests › Section 802 - Leasing responsibilities of the director.

Effective 5/4/2022
63A-5b-802.
Leasing responsibilities of the director.
(1) The director shall:
(a) prepare and submit a yearly request to the governor and Legislature for a designated amount of square footage by type of space to be leased by the division for that fiscal year;
(b) lease, in the name of the division, all real property space to be occupied by a leasing agency;
(c) in leasing space:
(i) use a process consistent with the best interest of the state, the requirements of the leasing agency, and the anticipated use of the property; and
(ii) comply with any legislative mandates contained in the appropriations act or other legislation;
(d) apply the criteria contained in Subsection (1)(f) to prepare a report evaluating each high-cost lease at least 12 months before the lease expires;
(e) evaluate each lease under the division's control and apply the criteria contained in Subsection (1)(f), as applicable, to evaluate the lease;
(f) in evaluating leases:
(i) determine whether the lease is cost-effective when the needs of the leasing agency to be housed in the leased facilities are considered;
(ii) determine whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing;
(iii) determine whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;
(iv) compare the proposed lease payments to the current market rates, and evaluate whether the proposed lease payments are reasonable under current market conditions;
(v) compare proposed significant lease terms to the current market, and recommend whether these proposed terms are reasonable under current market conditions; and
(vi) if applicable, recommend that the lease or modification to a lease be approved or disapproved;
(g) based upon the evaluation, include in the report recommendations that identify viable alternatives to:
(i) make the lease cost-effective; or
(ii) meet the leasing agency's needs when the lease expires; and
(h) upon request, provide the information included in the report to:
(i) the leasing agency benefitted by the lease; and
(ii) the Office of the Legislative Fiscal Analyst.
(2) The director may:
(a) subject to legislative appropriation, enter into a facility lease with a term of up to 10 years if the length of the lease's term is economically advantageous to the state; and
(b) subject to legislative appropriation, enter into a facility lease with a term of more than 10 years if the length of the lease's term is economically advantageous to the state.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 8 - Acquisitions of Real Property Interests › Section 803 - Reporting of leasing activity.

Effective 5/4/2022
63A-5b-803.
Reporting of leasing activity.
(1) The director shall:
(a) prepare a standard form upon which a leasing agency and another state institution or entity can report the current and proposed lease activity of the leasing agency, institution, or entity, including any lease renewal; and
(b) develop procedures and mechanisms within the division to:
(i) obtain and share information about each leasing agency's real property needs; and
(ii) provide oversight and review of lessors and lessees during the term of each lease.
(2) Each leasing agency, the Administrative Office of the Courts, and the board of trustees for each institution of higher education, shall report all current and proposed lease activity on the standard form prepared by the division to:
(a) the division; and
(b) the Office of the Legislative Fiscal Analyst.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 8 - Acquisitions of Real Property Interests › Section 804 - Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.

Effective 5/12/2020
63A-5b-804.
Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities.
(1) Before executing a high-cost lease or a modification to a lease that results in a high-cost lease, the Administrative Office of the Courts shall submit a draft of the new lease or modification to:
(a) the Judicial Council; and
(b) the director.
(2) The director shall:
(a) review the draft submitted by the Administrative Office of the Courts; and
(b) within 30 days after receiving the draft, submit a report on the draft to:
(i) the Judicial Council; and
(ii) the Office of the Legislative Fiscal Analyst.
(3) A report under Subsection (2)(b) shall contain:
(a) the director's opinion about:
(i) whether the lease or modification is cost-effective when the needs of the entity to be housed in the leased facility are considered;
(ii) whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; and
(iii) whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;
(b) a comparison of the proposed lease payments to the current market rates, and a recommendation as to whether the proposed lease payments are reasonable under current market conditions;
(c) a comparison of proposed significant lease terms to the current market, and a recommendation as to whether the proposed terms are reasonable under current market conditions; and
(d) a recommendation from the director that the lease or modification to a lease be approved or disapproved.
(4)
(a) The Administrative Office of the Courts may not execute a new high-cost lease or modification to an existing lease that will result in a high-cost lease unless the lease or modification is approved by a majority vote of the Judicial Council.
(b) The Judicial Council shall consider the recommendations of the director in determining whether to approve a high-cost lease or modification resulting in a high-cost lease.
Renumbered and Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 8 - Acquisitions of Real Property Interests › Section 805 - Leasing by higher education institutions.

Effective 7/1/2020
63A-5b-805.
Leasing by higher education institutions.
(1) The Utah Board of Higher Education shall establish written policies and procedures governing leasing by an institution of higher education.
(2) Except as provided in Section 53B-2a-113, an institution of higher education shall comply with the procedures and requirements of the Utah Board of Higher Education policies before signing or renewing a lease.
Renumbered and Amended by Chapter 152, 2020 General Session
Amended by Chapter 360, 2020 General Session
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 8 - Acquisitions of Real Property Interests › Section 806 - Division rules on the value of property bought or exchanged -- Exception.

Effective 5/4/2022
63A-5b-806.
Division rules on the value of property bought or exchanged -- Exception.
(1) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to ensure that, if the division buys or exchanges real property, the value of the real property is congruent with the proposed price and other terms of the purchase or exchange.
(2) The rules:
(a) shall establish procedures for determining the value of the real property;
(b) may provide that an appraisal, as defined in Section 61-2g-102, demonstrates the real property's value; and
(c) may require that the appraisal be completed by a state-certified general appraiser, as defined in Section 61-2g-102.
(3) The rules adopted under Subsection (1) do not apply to the purchase or exchange of real property, or an interest in real property, with a value of less than $500,000, as estimated by the division.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 902 - Application of part.

Effective 5/3/2023
63A-5b-902.
Application of part.
(1) The provisions of this part, other than this section, do not apply to:
(a) a conveyance, lease, or disposal under Subsection 63A-5b-303(1)(a)(viii);
(b) the division's disposal or lease of division-owned property with a value under $500,000, as estimated by the division;
(c) a conveyance, lease, or disposal of division-owned property in connection with:
(i) the establishment of a state store, as defined in Section 32B-1-102; or
(ii) the construction of student housing; or
(d) a conveyance, lease, or disposal of any part of the point of the mountain state land, as defined in Section 11-59-102, by the Point of the Mountain State Land Authority created in Section 11-59-201.
(2) Nothing in Subsection (1)(b) or (c) may be construed to diminish or eliminate the division's responsibility to manage division-owned property in the best interests of the state.
Amended by Chapter 263, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 903 - Rules made by the division.

Effective 5/4/2022
63A-5b-903.
Rules made by the division.
The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that:
(1) establish criteria that a written proposal is required to satisfy in order to be a qualified proposal, including, if applicable, a minimum acceptable purchase price; and
(2) define criteria that the director will consider in making a determination whether a proposed use or occupancy, transfer of ownership, or lease of vacant division-owned property provides a material benefit to the state.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 905 - Notice required before division may effect a transfer of ownership or lease of division-owned property.

Effective 5/4/2022
63A-5b-905.
Notice required before division may effect a transfer of ownership or lease of division-owned property.
(1) Before the division may effect a transfer of ownership or lease of vacant division-owned property, the division shall give notice as provided in Subsection (2).
(2) A notice required under Subsection (1) shall:
(a) identify and describe the vacant division-owned property;
(b) indicate the availability of the vacant division-owned property;
(c) invite persons interested in the vacant division-owned property to submit a written proposal to the division;
(d) indicate the deadline for submitting a written proposal;
(e) be posted on the division's website for at least 60 consecutive days before the deadline for submitting a written proposal, in a location specifically designated for notices dealing with vacant division-owned property;
(f) be posted on the Utah Public Notice Website created in Section 63A-16-601 for at least 60 consecutive days before the deadline for submitting a written proposal; and
(g) be sent by email to each person who has previously submitted to the division a written request to receive notices under this section.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 906 - Submitting a written proposal for vacant division-owned property.

Effective 5/12/2020
63A-5b-906.
Submitting a written proposal for vacant division-owned property.
(1) A person may submit to the division a written proposal:
(a) in response to the division's notice under Section 63A-5b-905; or
(b) with respect to vacant division-owned property as to which the division has not given notice under Section 63A-5b-905.
(2) The division is not required to consider a written proposal or provide notice under Section 63A-5b-905 if the director determines that the written proposal is not a qualified proposal.
(3) If a person submits a qualified proposal to the division under Subsection (1)(b):
(a) the division shall:
(i) give notice as provided in Section 63A-5b-905; and
(ii) treat the qualified proposal as though it were submitted in response to the notice; and
(b) the person may, within the time provided for the submission of written proposals, modify the qualified proposal to the extent necessary to address matters raised in the notice that were not addressed in the initial qualified proposal.
(4) A person who fails to submit a qualified proposal to the division within 60 days after the date of the notice under Section 63A-5b-905 may not be considered for the vacant division-owned property.
Renumbered and Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 907 - Priorities for vacant division-owned property -- Division to convey vacant division-owned property.

Effective 5/4/2022
63A-5b-907.
Priorities for vacant division-owned property -- Division to convey vacant division-owned property.
(1) This section applies to a proposed transfer of ownership or lease of vacant division-owned property at less than fair market value.
(2)
(a) An applicant that is a state agency has priority for vacant division-owned property over an applicant that is a local government entity, a public purpose nonprofit entity, and a private party.
(b) An applicant that is a local government entity and an applicant that is a public purpose nonprofit entity have:
(i) priority for vacant division-owned property over an applicant that is a private party; and
(ii) between them the same priority for vacant division-owned property.
(3) If the division receives multiple timely qualified proposals from applicants with the highest and same priority, the division shall:
(a) notify the executive director of:
(i) the availability of the vacant division-owned property; and
(ii) the applicants with the highest and same priority that have submitted qualified proposals; and
(b) provide the executive director with a copy of the timely qualified proposals submitted by the applicants with the highest and same priority.
(4) Within 30 days after being notified under Subsection (3), the executive director shall:
(a) determine which applicant's qualified proposal is most likely to result in the highest and best public benefit; and
(b) notify the division of the executive director's decision under Subsection (4)(a).
(5) The division shall effect a transfer of ownership or lease of the vacant division-owned property to:
(a) the applicant with the highest priority under Subsection (2), if the division receives a timely qualified proposal from a single applicant with the highest priority; or
(b) the applicant whose qualified proposal was determined by the executive director under Subsection (4) to be most likely to result in the highest and best public benefit, if the division receives multiple timely qualified proposals from applicants with the highest and same priority.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 907.5 - Lease of division-owned property to a private party.

Effective 5/4/2022
63A-5b-907.5.
Lease of division-owned property to a private party.
(1) If the division leases division-owned property to a private party, the division shall, within 30 days after a lease agreement is executed, provide written notice of the lease to:
(a) the municipality in which the division-owned property is located, if the division-owned property is within a municipality; or
(b) the county in whose unincorporated area the division-owned property is located, if the division-owned property is not located within a municipality.
(2) Nothing in this part may be used by a private party leasing division-owned property as a basis for not complying with applicable local land use ordinances and regulations.
Enacted by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 908 - Referring vacant division-owned property to the Department of Transportation for auction.

Effective 5/12/2020
63A-5b-908.
Referring vacant division-owned property to the Department of Transportation for auction.
(1) The division may refer vacant division-owned property to the Department of Transportation for a public auction if:
(a)
(i) the division has provided notice under Section 63A-5b-905 with respect to the vacant division-owned property; and
(ii) the division receives no qualified proposals in response to the notice under Section 63A-5b-905;
(b) the director determines that:
(i) there is no reasonable likelihood that within the foreseeable future:
(A) a primary state agency will use or occupy the vacant division-owned property; or
(B) a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and
(ii) disposing of the vacant division-owned property through a public auction is in the best interests of the state;
(c) the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee;
(d) the director communicates the Executive Appropriations Committee's recommendation to the executive director; and
(e) the executive director approves the public auction.
(2) If the division refers a vacant division-owned property to the Department of Transportation for public auction, the Department of Transportation shall publicly auction the vacant division-owned property under the same law and in the same manner that apply to a public auction of Department of Transportation property.
(3) At a public auction conducted under Subsection (2), the Department of Transportation may, on behalf of the division, accept an offer to purchase the vacant division-owned property.
(4) The division and the Department of Transportation shall coordinate together to:
(a) manage the details of finalizing any sale of the vacant division-owned property at public auction; and
(b) ensure that the buyer acquires proper title and that the division receives the net proceeds of the sale.
(5) If a public auction under this section does not result in a sale of the vacant division-owned property, the Department of Transportation shall notify the division and refer the vacant division-owned property back to the division.
Renumbered and Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 909 - State real property subject to right of first refusal.

Effective 5/4/2022
63A-5b-909.
State real property subject to right of first refusal.
(1)
(a) If Section 78B-6-520.3 applies to vacant division-owned property, the division shall comply with Subsection 78B-6-520.3(3).
(b) If a condemnee accepts the division's offer to sell the vacant division-owned property as provided in Section 78B-6-520.3, the division shall:
(i) comply with the requirements of Section 78B-6-520.3; and
(ii) terminate any process under this chapter to convey the vacant division-owned property.
(c) A condemnee may waive rights and benefits afforded under Section 78B-6-520.3 and instead seek a transfer of ownership or lease of vacant division-owned property under the provisions of this chapter in the same manner as any other person not entitled to the rights and benefits of Section 78B-6-520.3.
(2)
(a) If Section 78B-6-521 applies to the anticipated disposal of the vacant division-owned property, the division shall comply with the limitations and requirements of Subsections 78B-6-521(2) and (3).
(b) If the original grantor or a subsequent bona fide purchaser, or the original grantor's or subsequent bona fide purchaser's assignee, accepts an offer for sale as provided in Subsection 78B-6-521(2)(a), the division shall:
(i) sell the vacant division-owned property to the original grantor or subsequent bona fide purchaser, or the original grantor's or subsequent bona fide purchaser's assignee, in accordance with Section 78B-6-521; and
(ii) terminate any process under this chapter to convey the vacant division-owned property.
(c) An original grantor or subsequent bona fide purchaser, or the original grantor's or subsequent bona fide purchaser's assignee, may waive rights afforded under Section 78B-6-521 and instead seek a transfer of ownership or lease of vacant division-owned property under the provisions of this chapter in the same manner as any other person seeking a transfer of ownership or lease of vacant division-owned property to which Section 78B-6-521 does not apply.
Amended by Chapter 101, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 910 - Disposition of proceeds received by division from sale of vacant division-owned property.

Effective 5/3/2023
63A-5b-910.
Disposition of proceeds received by division from sale of vacant division-owned property.
(1)
(a) Except as provided in Section 26B-1-331, the division shall pay into the state treasury the money received from the transfer of ownership or lease of vacant division-owned property.
(b) Money paid into the state treasury under Subsection (1)(a):
(i) becomes a part of the funds provided by law for carrying out the building program of the state; and
(ii) is appropriated for the purpose described in Subsection (1)(b)(i).
(2) Except as described in Subsection 63A-5b-407(7), the proceeds from the transfer of ownership or lease of vacant division-owned property belonging to or used by a particular state agency shall, to the extent practicable, be expended for the construction of buildings or in the performance of other work for the benefit of that state agency.
Amended by Chapter 329, 2023 General Session
Amended by Chapter 369, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 911 - Authority to transfer land for commuter rail station and related development.

Effective 5/12/2020
63A-5b-911.
Authority to transfer land for commuter rail station and related development.
The division may transfer title to a parcel of land it owns in a county of the first class to a public transit district for the purpose of facilitating the development of a commuter rail transit station and associated transit oriented development if:
(1) the parcel is within one mile of the proposed commuter rail transit station and associated transit oriented development; and
(2) the division receives in return fair and adequate consideration.
Renumbered and Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 9 - Disposal of Division-owned Property › Section 912 - Report to Infrastructure and General Government Appropriations Subcommittee.

Effective 5/12/2020
63A-5b-912.
Report to Infrastructure and General Government Appropriations Subcommittee.
The division shall, on or before the third Wednesday in November of every even-numbered year, present a written report to the Infrastructure and General Government Appropriations Subcommittee that identifies state land and buildings that are no longer needed and can be sold by the state.
Renumbered and Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 10 - Energy Conservation and Efficiency › Section 1001 - Definitions.

Effective 5/4/2022
63A-5b-1001.
Definitions.
As used in this part:
(1) "Energy efficiency measure" means an action taken or initiated by an agency that:
(a) reduces the agency's energy or fuel use or resource energy consumption, water or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water, or other resource; or
(b) increases the agency's energy or fuel efficiency or resource consumption efficiency.
(2) "Energy efficiency program" means a program established under Section 63A-5b-1002 for the purpose of improving energy efficiency measures and reducing the energy costs for state facilities.
(3) "Fund" means the State Facility Energy Efficiency Fund created in Section 63A-5b-1003.
(4) "Performance efficiency agreement" means an agreement entered into by an agency whereby the agency implements one or more energy efficiency measures and finances the costs associated with implementation of performance efficiency measures using the stream of expected savings in costs resulting from implementation of the performance efficiency measures as a funding source for repayment.
(5)
(a) "State facility" means any building, structure, or other improvement that is constructed on property that the state, any of the state's departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant.
(b) "State facility" does not include:
(i) an unoccupied structure that is a component of the state highway system;
(ii) a privately owned structure that is located on property that the state, any of the state's departments, commissions, institutions, or agencies, or a state institution of higher education owns or leases as a tenant; or
(iii) a structure that is located on land administered by the trust lands administration under a lease, permit, or contract with the trust lands administration.
Amended by Chapter 421, 2022 General Session