53H-9-504. Funding request for capital development project -- Legislative approval -- Board prioritization, approval, and review.
(1) In accordance with this section, a degree-granting institution is required to receive legislative approval in an appropriations act for a dedicated project or a nondedicated project.
(2) A degree-granting institution shall: submit to the board a proposal for a funding request for each dedicated project or nondedicated project for which the institution seeks legislative approval; and ensure that the proposal described in Subsectionincludes: (2)(a) the name of the project; a specification of the intent of the project as a dedicated project or a non-dedicated project; the projected cost of the project and the sources of funding, including internal funds, requested legislative appropriations, matching funds, or debt; a budget for the project, including: any land cost; architecture and engineering costs; any impact fees; horizontal development costs, including infrastructure and site work; vertical construction costs; furniture costs; any plan to fund future operations, maintenance, and staffing costs; financing costs; construction management, project management, or other administrative costs; and costs associated with the demolition or remodeling of existing space; a rendering of the project; a narrative explaining the use of the facility, including the facility's expected life span; a facility utilization analysis demonstrating that the existing facilities are inadequate to serve the program or function for which the institution is seeking funding; and the amount of square feet of the project, including a breakdown of the uses of the space by square footage, including any: classroom space; lab space; office space; meeting room space; entertainment space; residential space; garage or storage space; mechanical space; and common areas, including any atrium, stairway, restroom, or commons.
(3) The board shall: review each proposal submitted under Subsectionto ensure the proposal: (2) is cost effective and an efficient use of resources; is consistent with the degree-granting institution's mission and master plan; and fulfills a critical institutional facility need; based on the results of the board's review under Subsection, create: (3)(a) a list of approved dedicated projects; and a list of approved nondedicated projects, prioritized in accordance with Subsection; and (5) submit the lists described in Subsection, including the relevant proposals, to: (3)(b) the governor; the Higher Education Appropriations Subcommittee; and the Division of Facilities Construction and Management for a: recommendation, for the list described in Subsection; or (3)(b)(i) recommendation and prioritization, for the list described in Subsection. (3)(b)(ii)
(4) A dedicated project: is subject to the recommendation of the Division of Facilities Construction and Management as described in Section; and 63A-5b-403 is not subject to the prioritization of the Division of Facilities Construction and Management as described in Section. 63A-5b-403
(5) Subject to Subsection, the board shall prioritize institution requests for funding for nondedicated projects based on: (6) capital facility need; utilization of facilities; maintenance and condition of facilities; and any other factor determined by the board. The board shall establish how the board will prioritize institution requests for funding for nondedicated projects, including: how the board will measure each factor described in Subsection; and (5)(a) procedures for prioritizing requests.
(6) Subject to Subsection, and in accordance with Subsection, the board may annually prioritize: (6)(b) (5) up to three nondedicated projects if the ongoing appropriation to the fund is less than $50,000,000; up to two nondedicated projects if the ongoing appropriation to the fund is at least $50,000,000 but less than $100,000,000; or one nondedicated project if the ongoing appropriation to the fund is at least $100,000,000. For each calendar year, the dollar amounts described in Subsectionshall be adjusted by an amount equal to the percentage difference between: (6)(a) the Consumer Price Index for the 2019 calendar year; and the Consumer Price Index for the previous calendar year.
(7) A degree-granting institution may request operations and maintenance funds for a capital development project approved under this section. A degree-granting institution shall make the request described in Subsectionat the same time the degree-granting institution submits the proposal described in Subsection. (7)(a) (2) The Legislature shall consider a degree-granting institution's request described in Subsection. (7)(a)
(8) After a degree-granting institution completes a capital development project described in this section, the board shall review the capital development project, including the costs and design of the capital development project.