2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2a - Technical Education › Part 1 - Technical Colleges › Section 117 - Legislative approval -- Capital development projects -- Prioritization.

Effective 5/4/2022
53B-2a-117.
Legislative approval -- Capital development projects -- Prioritization.
(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 53B-2a-118.
(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 53B-2a-112, a technical college shall 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.
(4) The board shall:
(a) review each proposal submitted under Subsection (3) to ensure that the proposal complies with Section 53B-2a-112;
(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) to:
(i) the governor;
(ii) the Infrastructure and General Government Appropriations Subcommittee;
(iii) the Higher Education Appropriations Subcommittee; and
(iv) 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 beginning on or after January 1, 2020, 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) The Legislature shall consider a technical college's request described in Subsection (8)(a).
Amended by Chapter 421, 2022 General Session