PocketLaw | Utah Code | Capital improvement projects.

Capital improvement projects.

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Affected by 63I-1-263 on 7/1/2024

Effective 5/12/2020
63A-5b-405. Capital improvement projects.

(1)
- (a) On or before January 15 of each year, the division shall, on behalf of all agencies, submit a list of anticipated capital improvement project requirements to the Legislature.
- (b) The division shall ensure that the capital improvements project list identifies:
  - (i) each single capital improvement project that costs more than $1,000,000;
  - (ii) each multiple capital improvement project within a single building or facility that collectively costs more than $1,000,000;
  - (iii) each single capital improvement project that will be constructed over multiple years with a yearly cost of $1,000,000 or more and an aggregate cost of more than $3,500,000;
  - (iv) each multiple capital improvement project within a single building or facility with a yearly cost of $1,000,000 or more and an aggregate cost of more than $3,500,000;
  - (v) each single capital improvement project previously reported to the Legislature as a capital improvement project under $1,000,000 that, because of an increase in costs or scope of work, will now cost more than $1,000,000;
  - (vi) each multiple capital improvement project within a single building or facility previously reported to the Legislature as a capital improvement project under $1,000,000 that, because of an increase in costs or scope of work, will now cost more than $1,000,000; and
  - (vii) each capital improvement project described in Subsection 63A-5b-401(3)(c).

(2)
- (a) Unless otherwise directed by the Legislature, the division shall prioritize capital improvement projects on the capital improvement project list up to the level of appropriation made by the Legislature.
- (b) In prioritizing capital improvement projects, the division shall consider the results of facility evaluations completed by an architect or engineer as stipulated by the division's facilities maintenance standards.
- (c) In prioritizing capital improvement projects, the division shall allocate at least 90% of the funds that the Legislature appropriates for capital improvement projects to:
  - (i) capital improvement projects that address:
    - (A) a structural issue;
    - (B) fire safety;
    - (C) a code violation; or
    - (D) any issue that impacts health and safety;
  - (ii) capital improvement projects that upgrade:
    - (A) an HVAC system;
    - (B) an electrical system;
    - (C) essential equipment;
    - (D) an essential building component; or
    - (E) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof, parking lot, or road; or
  - (iii) capital improvement projects that demolish and replace an existing building that is in extensive disrepair and cannot be fixed by repair or maintenance.
- (d) In prioritizing capital improvement projects, the division may not allocate more than 10% of the funds that the Legislature appropriates for capital improvement projects to:
  - (i) remodeling and aesthetic upgrades to meet state programmatic needs; or
  - (ii) construct an addition to an existing building or facility.

(3) The division may require an entity that benefits from a capital improvement project to repay the capital improvement funds from savings that result from the capital improvement project.

(4) The division may provide capital improvement project funding to a single project or to multiple projects within a single building or facility, even if the total cost of the project or multiple projects is $3,500,000 or more, if:
- (a) the capital improvement project is a project described in Subsection 63A-5b-401(3)(c); and
- (b) the Legislature has not refused to fund the project with capital improvement project funds.

(5) In prioritizing and allocating capital improvement project funding, the division shall comply with the requirement in Subsection 63B-23-101(2)(f).

(6)
- (a) In developing the capital improvement project list and priorities, the division shall require each agency that requests an appropriation for a capital improvement project to:
  - (i) submit a capital improvement project request; and
  - (ii) complete and submit a project scoping document.
- (b) A project scoping document under Subsection (6)(a)(ii) shall address:
  - (i) the need for the capital improvement project; and
  - (ii) the appropriateness of the scope of the capital improvement project.
- (c) The division shall verify the completion and accuracy of a project scoping document that an agency submits under Subsection (6)(a)(ii).

(7) Except for this Subsection (7), this section does not apply to a capital improvement project described in Subsection 63A-5b-401(2)(a)(ii).

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