2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 3 - Division of Facilities Construction and Management › Section 303 - Duties and authority of division.

Effective 7/1/2024
63A-5b-303.
Duties and authority of division.
(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 responsibilities:
(A) to implement the state building energy efficiency program under Section 63A-5b-1002; and
(B) related to the approval of loans from the State Facility Energy Efficiency Fund under Section 63A-5b-1003;
(viii) convey, lease, or dispose of the real property, water rights, or water shares associated with the Utah State Developmental Center if directed to do so by the Utah State Developmental Center board, as provided in Subsection 26B-6-507(2); and
(ix) 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 the acquisition cost does not exceed $500,000.
(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; and
(c) 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 supervision and control of the legislative area is reserved to the Legislature.
(c) The supervision and control of capitol hill facilities and capitol hill grounds is reserved to the State Capitol Preservation Board.
(d)
(i) Subject to Subsection (3)(d)(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.
(e)
(i) Subject to Subsection (3)(e)(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.
Amended by Chapter 329, 2023 General Session
Amended by Chapter 394, 2023 General Session