63A-5b-802. Leasing responsibilities of the director.
(1) The director shall: prepare and submit a yearly request to the governor and Legislature for a designated amount of square footage by type of space to be leased by the division for that fiscal year; lease, in the name of the division, all real property space to be occupied by a leasing agency; in leasing space: use a process consistent with the best interest of the state, the requirements of the leasing agency, and the anticipated use of the property; and comply with any legislative mandates contained in the appropriations act or other legislation; apply the criteria contained in Subsectionto prepare a report evaluating each high-cost lease at least 12 months before the lease expires; (1)(f) evaluate each lease under the division's control and apply the criteria contained in Subsection, as applicable, to evaluate the lease; (1)(f) in evaluating leases: determine whether the lease is cost-effective when the needs of the leasing agency to be housed in the leased facilities are considered; determine whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing; determine whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability; compare the proposed lease payments to the current market rates, and evaluate whether the proposed lease payments are reasonable under current market conditions; compare proposed significant lease terms to the current market, and recommend whether these proposed terms are reasonable under current market conditions; and if applicable, recommend that the lease or modification to a lease be approved or disapproved; based upon the evaluation, include in the report recommendations that identify viable alternatives to: make the lease cost-effective; or meet the leasing agency's needs when the lease expires; and upon request, provide the information included in the report to: the leasing agency benefitted by the lease; and the Office of the Legislative Fiscal Analyst.
(2) The director may: subject to legislative appropriation, enter into a facility lease with a term of up to 10 years if the length of the lease's term is economically advantageous to the state; and subject to legislative appropriation, enter into a facility lease with a term of more than 10 years if the length of the lease's term is economically advantageous to the state.