Duties and authority of division.

Checkout our iOS App for a better way to browser and research.



  • (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 of 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) implement the state building energy efficiency program under Section 63A-5b-1002;
      • (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 62A-5-206.6(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 $250,000.
  • (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 institution of higher education or 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 the trial courts area is reserved to the judiciary.
    • (d) The supervision and control of capitol hill facilities and capitol hill grounds is reserved to the State Capitol Preservation Board.
  • (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.




Download our app to see the most-to-date content.