UtahS.B. 1642026 General SessionSenateWALLET

School Construction Amendments

Sponsored By: Chris H. Wilson (Republican)

Signed by Governor

EducationK-12 EducationSchool FinanceDepartment of Government OperationsGovernment Operations (State Issues)Local Education Agencies (LEAs)Facilities, Construction, and ManagementSchool Districts

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Bill Overview

Analyzed Economic Effects

13 provisions identified: 3 benefits, 1 costs, 9 mixed.

Delegation, state services, lower oversight fees

Beginning July 1, 2026, the division may delegate construction oversight to qualified districts. When it delegates, the division reduces or waives its oversight fees to match the smaller role. Districts can also buy state construction‑management services for a fee. Fees and penalties flow into a restricted account used only for school construction oversight.

Approved roster for school inspectors

Starting July 1, 2026, the state posts an approved roster of inspectors and plan reviewers. Inspectors must hold ICC or equivalent certifications, required licenses, and complete division training. Districts may only use inspectors on this roster. Inspectors cannot be employees of the contractor.

New rules for contractors on school jobs

Beginning July 1, 2026, contractors must join the state registry to bid on school projects over $500,000. Firms must keep licenses and insurance, meet rule-set qualifications, complete training, and share performance data. The registry sets who can bid but does not replace competitive bidding by school districts. The division also posts an online directory of specialized trades to help schools find qualified firms. This adds compliance steps for bidders while improving visibility and standard checks.

Faster siting for charters and microschools

Beginning July 1, 2026, charter schools and home‑based microschools are a permitted use in all zones, and their applications get first‑priority processing. Cities may apply objective standards for setbacks, height, parking, traffic, and staging. Cities may bar sites that defeat zones for adult businesses or alcohol sales unless the school provides a waiver. Cities cannot require more parking than the city’s standard for institutional public uses.

Limits on local fees and demands

Beginning July 1, 2026, public agencies, including school districts and charters, must follow municipal land‑use ordinances inside city limits. Cities cannot impose extra landscaping or materials rules, extra building inspections, or unauthorized fees on school property; impact fees must follow state law. Cities cannot make schools pay for roads or sidewalks unless needed for student safety next to the site or to connect an isolated school. Agencies must submit a development plan and schedule early so land‑use officials can assess fees, credits, or waivers and respond promptly. Cities may ask courts to enforce land‑use rules against other public entities.

New procurement rules and bonding for schools

Starting July 1, 2026, school construction must follow the Utah Procurement Code. Contracts over $50,000 require payment and performance bonds. Rules may allow design‑build when it fits the project, considering readiness, size, complexity, funding, staff, and the market.

Online system and monthly reports for districts

By July 1, 2026, the division runs an online system for plans, inspection reports, and standardized cost data. Districts must show rule compliance to get permits and file monthly construction reports in the system. The new oversight part covers defined public‑school projects, with full compliance for projects that start after January 1, 2027. The division audits projects finished in 2024–2026 to find systemic issues.

State-run school permits and occupancy

Beginning July 1, 2026, the state division is the only agency that issues school construction permits. Cities and counties cannot require separate permits. The division verifies inspections and documents and then issues the single permanent occupancy certificate. Cities must accept that certificate. The division reviews occupancy requests within 10 business days and may issue temporary occupancy when allowed.

Stronger school safety and building standards

Beginning July 1, 2026, the division sets statewide school construction rules on size, costs, materials, delivery methods, and more. Projects must meet technical standards like firewalls, accessibility, and energy R‑value checks before permits are issued. Projects over $5,000,000 require commissioning, and facilities older than 20 years need a condition assessment every five years by a qualified firm. A school construction liaison checks plans for safety, and the division consults with the fire marshal, districts, and design professionals.

Easier occupancy for micro-education and homes

Starting July 1, 2026, micro‑education entities are exempt from state Part 12 and use local permits and codes. They may serve up to 100 students in Group E, or use A‑1, A‑3, B, or M buildings with a code‑compliant fire alarm and carbon monoxide detection, plus outside classroom exits or sprinklers. Fire areas over 12,000 sq. ft. must have sprinklers. A home‑based microschool follows normal home occupancy rules; a below‑grade floor needs one IRC‑compliant emergency‑escape window.

Fast appeals for construction disputes

Districts can appeal permit, plan review, enforcement, inspection, and occupancy decisions to a three‑member appeals panel. File within 30 days; the division responds in 15 business days. The panel meets within 30 days and issues a decision in 45 days, or 20 days if expedited. Decisions are final, subject to court review. These rules start July 1, 2026.

Local rules for home microschools

Beginning July 1, 2026, towns can apply local zoning and business-license rules to home-based microschools. Rules can cover parking, traffic, hours, setbacks, height, off-site parking, curb cuts, and construction staging. Cities can set location limits to avoid health or safety risks, as long as they do not conflict with state law. If you run a microschool at home, expect local paperwork and site-specific requirements.

Old State Board construction rules end

On July 1, 2026, the law repeals several State Board school-construction rules and processes. It ends the Board’s capital outlay reporting, inspection verification certificates, the construction manual and conferences, required licensed-architect plan preparation, and certain contract-term rules. Oversight for these items now falls under the new Division-run framework for school construction.

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Sponsors & Cosponsors

Sponsor

  • Chris H. Wilson

    Republican • Senate

Cosponsors

  • Thomas W. Peterson

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 109 • No: 37

House vote 2/26/2026

House/ circled

Yes: 0 • No: 0

House vote 2/26/2026

House/ uncircled

Yes: 0 • No: 0

House vote 2/26/2026

House/ passed 3rd reading

Yes: 60 • No: 13

House vote 2/24/2026

House Comm - Favorable Recommendation

Yes: 6 • No: 4

Senate vote 2/18/2026

Senate/ passed 3rd reading

Yes: 20 • No: 9

Senate vote 2/17/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote 2/17/2026

Senate/ substituted

Yes: 0 • No: 0

Senate vote 2/17/2026

Senate/ passed 2nd reading

Yes: 18 • No: 9

Senate vote 2/9/2026

Senate/ circled

Yes: 0 • No: 0

House vote 1/26/2026

Senate Comm - Favorable Recommendation

Yes: 5 • No: 2

Actions Timeline

  1. Governor Signed

    3/19/2026
  2. Senate/ to Governor

    3/16/2026Senate
  3. Senate/ received enrolled bill from Printing

    3/16/2026Senate
  4. Senate/ enrolled bill to Printing

    3/5/2026Senate
  5. Enrolled Bill Returned to House or Senate

    3/5/2026
  6. Draft of Enrolled Bill Prepared

    3/2/2026
  7. Bill Received from Senate for Enrolling

    3/2/2026
  8. Senate/ signed by President/ sent for enrolling

    2/26/2026Senate
  9. Senate/ received from House

    2/26/2026Senate
  10. House/ to Senate

    2/26/2026House
  11. House/ signed by Speaker/ returned to Senate

    2/26/2026House
  12. House/ passed 3rd reading

    2/26/2026House
  13. House/ uncircled

    2/26/2026House
  14. House/ circled

    2/26/2026House
  15. House/ 3rd reading

    2/26/2026House
  16. House/ 2nd reading

    2/25/2026House
  17. House/ committee report favorable

    2/25/2026House
  18. House Comm - Favorable Recommendation

    2/24/2026
  19. House/ to standing committee

    2/19/2026House
  20. House/ 1st reading (Introduced)

    2/18/2026House
  21. House/ received from Senate

    2/18/2026House
  22. Senate/ to House

    2/18/2026Senate
  23. Senate/ passed 3rd reading

    2/18/2026Senate
  24. Senate/ 3rd reading

    2/18/2026Senate
  25. Senate/ passed 2nd reading

    2/17/2026Senate

Bill Text

  • Enrolled

    3/5/2026

  • Substitute #2

    2/12/2026

  • Substitute #1

    2/6/2026

  • Introduced

    1/20/2026

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