Title 63A, Utah Government Operations Code

63A-5b-1209. Historical project documentation and information requests. (1) Upon written request from the division, an LEA shall provide: (a) in accordance with Subsection (7), documentation and information regarding construction projects; (b) cost data, construction documents, a…

63A-5b-1210. Standardized cost reporting. (1) The division shall implement a standardized cost reporting system that: (a) requires an LEA to report construction costs using consistent categories and formats; (b) enables accurate cost comparison between projects and districts; (c)…

63A-5b-1211. Training and technical assistance. (1) In collaboration with the school construction liaison described in Section 63A-5b-1212, the division shall develop and maintain a school construction resource manual including: (a) current legal requirements; (b) construction an…

63A-5b-1212. School construction liaison -- Coordination with state board. (1) The state board shall designate a school construction liaison who: (a) serves as the primary contact between the state board and the division on school construction matters; (b) coordinates on educatio…

63A-5b-1213. Division-managed construction services. (1) The division may provide comprehensive construction management services to an LEA, including: (a) project procurement and contractor selection; (b) construction oversight and inspection coordination; (c) cost management and…

63A-5b-1214. Construction oversight fee. (1) Except for an LEA that has hired a division approved project manager to provide services as described in this section, for all public school construction projects, an LEA shall pay the division a construction oversight, building offici…

63A-5b-1215. Enforcement and penalties. (1) If an LEA fails to comply with requirements established under this part, the division may: (a) issue written warnings and compliance orders; (b) suspend or revoke construction permits; (c) require additional inspections at the LEA's exp…

63A-5b-1216. Qualified contractor pre-qualification registry. (1) The division shall establish and maintain a pre-qualification registry of contractors and vendors eligible to bid on public school construction projects as an original contractor, as that term is defined in Section…

63A-5b-1217. Delegated oversight authority for qualified LEAs. (1) Notwithstanding any other provision of this part, the division may delegate oversight authority for school facility planning, design review, and construction plan approval to an LEA that has demonstrated internal …

63A-5b-1218. Construction permitting authority. (1) The division shall have exclusive authority to issue permits for public school construction projects. (2) In accordance with Sections 10-9a-305 and 17-27a-305, counties and municipalities may not require separate permits for pub…

63A-5b-1219. Public School Construction Oversight Restricted Account. (1)(a) There is created within the General Fund a restricted account known as the "Public School Construction Oversight Restricted Account." (b) The account shall be funded by: (i) construction oversight fees c…

63A-5b-1220. Qualified inspector and plan reviewer roster. (1) The division shall establish and maintain a unified roster of qualified inspectors and plan reviewers for public school construction. (2) To be included on the roster, an inspector or plan reviewer shall: (a) meet Int…

63A-5b-1221. Appeals panel -- Composition -- Procedures. (1) There is created an appeals panel to resolve disputes between an LEA and the division regarding decisions made under this part. (2) The appeals panel shall consist of three members: (a) the executive director of the Dep…

63A-5b-1222. Implementation and transition. (1) Before January 1, 2027, the division shall: (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt comprehensive rules implementing this part; (b) establish the online document management system descr…

63A-5b-301. Creation -- Administration. There is created within the department the Division of Facilities Construction and Management, to be administered by a director.

63A-5b-302. Director of division -- Appointment. The executive director shall appoint the director of the division with the approval of the governor.

63A-5b-303. Duties and authority of division. (1)(a) The division shall: (i) subject to Subsection (1)(b), supervise and control the allocation of space, in accordance with legislative directive through annual appropriations acts, other legislation, or statute, to agencies in all…

63A-5b-304. Agencies authorized to hold title -- Transfer of real property to a government entity. (1) As used in this section: (a) "Agency property" means real property, as described in Subsection (2), that: (i) is owned by a title agency; and (ii) the title agency no longer use…

63A-5b-305. Duties and authority of director. (1) The director shall: (a) administer the division's duties and responsibilities; (b) report all property acquired by the state, except property acquired by an institution of higher education or the trust lands administration, to the…

63A-5b-401. Definitions. As used in this part: (1)(a) "Capital development project" means: (i) a remodeling or site or utility improvement project with a total cost of $3,500,000 or more; (ii) a new facility with a construction cost of $500,000 or more; or (iii) a purchase of rea…

63A-5b-402. Capital development process -- Approval requirements. (1) Except as provided in Section 63A-5b-404, the division shall, on behalf of all agencies, submit capital development project recommendations and priorities to the Legislature for approval and prioritization. (2)…

63A-5b-403. Institutions of higher education -- Capital development projects -- Dedicated and nondedicated projects -- Recommendations and prioritization. (1) As used in this section: (a) "Dedicated project" has the same meaning as that term is defined in: (i) Section 53H-9-601, …

63A-5b-404. Exceptions to requirement of legislative approval for capital development projects. (1)(a) Except as provided in this section, a capital development project may not be constructed on state property without legislative approval. (b) The division may authorize a capital…

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 improveme…

63A-5b-406. Limitations on new projects. (1) The Legislature may authorize: (a) the total square footage to be occupied by each agency; and (b) the total square footage and total cost of lease space for each agency. (2) If construction of a new building or facility will require a…

63A-5b-407. State Agency Capital Development Fund -- Creation -- Process. (1)(a) There is created a capital projects fund known as the State Agency Capital Development Fund. (b) The State Agency Capital Development Fund and this section do not apply to an institution of higher ed…

63A-5b-501. Five-year building plan. (1) The director shall: (a) in cooperation with agencies, prepare a master plan of structures built or contemplated; (b) submit to the governor and the Legislature a comprehensive five-year building plan for the state containing the informatio…

63A-5b-502. Programming. (1) A program document may: (a) incorporate written and graphic materials; and (b) include: (i) an executive summary; (ii) documentation of the methodology used to develop the programming; (iii) value and goal statements; (iv) relevant facts upon which th…

63A-5b-503. Planning Fund expenditures authorized -- Ceiling on expenditures -- Recovery. (1) The Planning Fund shall be used to make payments for engineering, architectural, and other planning expenses necessary to make a meaningful cost estimate of any facility or improvement w…

63A-5b-601. Definitions. As used in this part: (1)(a) "Facility" means any building, structure, or other improvement that is constructed: (i) on property that the state or any of the state's departments, commissions, institutions, or agencies owns; or (ii) by the state or any of …

63A-5b-602. Design criteria, standards, and procedures. (1) The director shall establish design criteria, standards, and procedures for the planning, design, and construction of a new facility and for improvements to an existing facility, including life-cycle costing, cost-effect…

63A-5b-603. Contracting powers of director -- Bids -- Retainage. (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the director may enter into a contract for any work or professional service that the division may do or have done. (2)(a) In accordance with Title…

63A-5b-604. Construction, alteration, and repair of state facilities -- Powers of director -- Exceptions -- Expenditure of appropriations -- Compliance agency role. (1)(a) Except as provided in this section and Section 63A-5b-1101, the director shall exercise direct supervision o…

63A-5b-605. Requirement for bidders to list subcontractors -- Changing subcontractors -- Bidders as subcontractors. (1) As used in this section: (a) "First-tier subcontractor" means a subcontractor who contracts directly with the prime contractor. (b)(i) "Subcontractor" means a p…

63A-5b-606. Dispute resolution process -- Penalties for fraud or bad faith claim. (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall make rules for the division establishing a process for resolving disputes involved with contracts …

63A-5b-607. Health insurance requirements -- Penalties. (1) As used in this section: (a) "Aggregate amount" means the dollar sum of all contracts, change orders, and modifications for a single project. (b) "Change order" means the same as that term is defined in Section 63G-6a-10…

63A-5b-608. Obligations beyond authorized funding prohibited -- Exceptions. (1) Unless otherwise specifically instructed by the terms of the appropriation for a particular project, the director shall assure that no obligations beyond the authorized funding are incurred in the con…

63A-5b-609. Expenditure of appropriated funds supervised by director -- Contingencies -- Disposition of project reserve funds -- Set aside for Utah Percent-for-Art Program -- Distribution of cost savings. (1) The director shall: (a)(i) supervise the expenditure of funds in provid…

63A-5b-610. Transfer from project reserve money. (1) With the approval of and through an appropriation by the Legislature, the division shall transfer at least $100,000 annually from the project reserve money to the General Fund to pay for personal service expenses associated wit…

63A-5b-701. Operation and maintenance for state facilities. (1) As used in this section, "maintenance functions" means all programs and activities related to the operation and maintenance of a state facility, including preventive maintenance and inspection. (2)(a) The director sh…

63A-5b-702. Standards and requirements for state facilities -- Life-cycle cost effectiveness. (1) As used in this section: (a) "Clean energy system" means a system designed to use solar, wind, geothermal power, wood, hydropower, nuclear, or other clean energy source to heat, cool…

63A-5b-703. Agency lease payments. (1)(a) Beginning July 1, 2020, the division shall implement a program to charge agencies, except institutions of higher education, lease payments for the agency's use and occupancy of space within a building. (b) Before July 1, 2020, the divisio…

63A-5b-801. Definitions. As used in this part: (1) "Agency optional term" means an option that is exclusively exercisable by a leasing agency to extend the lease term. (2) "High-cost lease" means a real property lease that: (a) has an initial term including any agency optional te…

63A-5b-802. Leasing responsibilities of the director. (1) The director shall: (a) 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; (b) lease, in the na…

63A-5b-803. Reporting of leasing activity. (1) The director shall: (a) prepare a standard form upon which a leasing agency and another state institution or entity can report the current and proposed lease activity of the leasing agency, institution, or entity, including any lease…

63A-5b-804. Leasing by the Administrative Office of the Courts -- Judicial Council approval required for high-cost lease -- Director's responsibilities. (1) Before executing a high-cost lease or a modification to a lease that results in a high-cost lease, the Administrative Offic…