All Roll Calls
Yes: 181 • No: 9
UtahH.B. 5082026 General SessionHouseWALLET
State Facilities Modifications
Sponsored By: Walt Brooks (Republican)
Signed by Governor
State FacilitiesConstructionHigher EducationTechnical CollegesConstruction and Fire CodesDepartment of Government OperationsGovernment Operations (State Issues)Colleges and UniversitiesFacilities, Construction, and ManagementProcurement
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 0 costs, 5 mixed.
Stronger payment and bond rules for contractors
Beginning May 6, 2026, contractors on public jobs must provide a performance bond and a payment bond, each equal to 100% of the contract price. Agencies cannot require you to use a specific surety, agent, or broker. If the state or a local government fails to get a required payment bond, it must promptly pay you for unpaid labor or materials, and you can sue directly after sending written notice within 90 days of your last work; you must file suit within one year. If a contract does not set an interest rate, the state’s default interest rate applies. These new direct‑pay and lawsuit remedies do not apply to projects run by the Division of Facilities Construction and Management, though the division can require bonds if needed.
Project reserves, art set‑aside, and savings sharing
Beginning May 6, 2026, leftover construction money not tied to contracts or equipment reserves stays in the project’s reserve instead of going back to the General Fund; Percent‑for‑Art money is excluded. Up to 1% of new‑building construction funds can go to Utah’s Percent‑for‑Art Program, capped at $250,000 in a county of the first class or $200,000 elsewhere; no set‑aside applies if funds come from bonds or it would risk tax‑free bond interest. For non‑dedicated college projects, the director may approve design changes if they do not cut approved scope, capacity, standards, useful life, or program elements. If approved changes lower total cost, up to 50% of documented savings can go to the school’s capital fund, and the rest returns to state funds in proportion to the original appropriation.
Stronger planning and paperwork for state buildings
Beginning May 6, 2026, agencies can request programming funds without a feasibility study, but design and construction requests must include a program document or the division will not forward them. Any feasibility study must show need and scope, private funding, economic and community impacts, a space plan, and a division‑approved budget estimate. The division verifies studies and program documents before sending recommendations to lawmakers. The five‑year plan now includes yearly funding requests and detailed data; for the first two years’ projects it lists full cost estimates, annual O&M, 1.1% capital improvement costs, new FTEs and program costs, expected life and major replacements, and needed support facilities. Agencies must tell the director at least 90 days before the session if they plan to ask for new full‑time employees.
More oversight and O&M planning for colleges
Beginning May 6, 2026, a college can request operations and maintenance money when it files a capital project proposal, and lawmakers consider it with the project. The board sets rules for when buildings qualify for state O&M and must decide eligibility before a purchase; if the yearly O&M ask is over $100,000, it must notify legislative leaders and the appropriations cochairs. The board must also review finished projects for costs and design. The Higher Education Appropriations Subcommittee receives required reports, hears capital requests, and works with the board on funding priorities.
Tighter approval and ranking for college buildings
Beginning May 6, 2026, the State Board of Higher Education must approve all new construction, repairs, and purchases at state colleges. Schools must get legislative approval for any capital project and submit full proposals with costs, budgets, renderings, and space‑need analysis. The board reviews projects for cost, mission fit, and need, then sends approved and prioritized lists to the Governor, the Higher Education Appropriations Subcommittee, and the state facilities division. Dedicated projects get a division recommendation but are not in the division’s prioritization. Each year the board may prioritize up to 3, 2, or 1 nondedicated projects depending on ongoing funding (under $50 million: 3; $50–under $100 million: 2; $100 million or more: 1), with those dollar cutoffs adjusted yearly by CPI from 2019.
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Sponsors & Cosponsors
Sponsor
Walt Brooks
Republican • House
Cosponsors
Don L. Ipson
Republican • Senate
Jill Koford
Republican • House
Roll Call Votes
Senate vote • 3/5/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 3/5/2026
Senate/ uncircled
Yes: 0 • No: 0
House vote • 3/5/2026
House/ concurs with Senate amendment
Yes: 71 • No: 1
Senate vote • 3/5/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 19 • No: 7
House vote • 3/2/2026
Senate Comm - Favorable Recommendation
Yes: 7 • No: 0
House vote • 3/2/2026
Senate Comm - Substitute Recommendation
Yes: 5 • No: 0
House vote • 2/24/2026
House/ passed 3rd reading
Yes: 65 • No: 1
House vote • 2/18/2026
House Comm - Favorable Recommendation
Yes: 7 • No: 0
House vote • 2/18/2026
House Comm - Substitute Recommendation
Yes: 7 • No: 0
Actions Timeline
Governor Signed
3/26/2026House/ to Governor
3/17/2026HouseHouse/ received enrolled bill from Printing
3/17/2026HouseHouse/ enrolled bill to Printing
3/12/2026HouseEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/10/2026Bill Received from House for Enrolling
3/10/2026House/ signed by Speaker/ sent for enrolling
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House
3/6/2026SenateSenate/ signed by President/ returned to House
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/5/2026HouseHouse/ concurs with Senate amendment
3/5/2026HouseHouse/ placed on Concurrence Calendar
3/5/2026HouseHouse/ received from Senate
3/5/2026HouseSenate/ to House with amendments
3/5/2026SenateSenate/ passed 2nd & 3rd readings/ suspension
3/5/2026SenateSenate/ uncircled
3/5/2026SenateSenate/ circled
3/5/2026SenateSenate/ 2nd & 3rd readings/ suspension
3/5/2026SenateSenate/ Rules to 2nd Reading Calendar
3/5/2026SenateSenate/ 2nd Reading Calendar to Rules
3/4/2026SenateSenate/ placed on 2nd Reading Calendar
3/2/2026SenateSenate/ comm rpt/ substituted
3/2/2026Senate
Bill Text
Enrolled
3/12/2026
Substitute #3
3/1/2026
Substitute #1
2/17/2026
Substitute #2
2/17/2026
Introduced
2/6/2026
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