{"data":{"id":"us-ut/utah-code-53h-9-504","jurisdiction":"us-ut","citation":"Utah Code § 53H-9-504","heading":"Funding request for capital development project -- Legislative approval -- Board prioritization, approval, and review.","body":"(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.\n(2) A degree-granting institution shall:\n(a) 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\n(b) ensure that the proposal described in Subsection (2)(a) includes:\n(i) the name of the project;\n(ii) a specification of the intent of the project as a dedicated project or a non-dedicated project;\n(iii) the projected cost of the project and the sources of funding, including internal funds, requested legislative appropriations, matching funds, or debt;\n(iv) a budget for the project, including:\n(A) any land cost;\n(B) architecture and engineering costs;\n(C) any impact fees;\n(D) horizontal development costs, including infrastructure and site work;\n(E) vertical construction costs;\n(F) furniture costs;\n(G) any plan to fund future operations, maintenance, and staffing costs;\n(H) financing costs;\n(I) construction management, project management, or other administrative costs; and\n(J) costs associated with the demolition or remodeling of existing space;\n(v) a rendering of the project;\n(vi) a narrative explaining the use of the facility, including the facility's expected life span;\n(vii) 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\n(viii) the amount of square feet of the project, including a breakdown of the uses of the space by square footage, including any:\n(A) classroom space;\n(B) lab space;\n(C) office space;\n(D) meeting room space;\n(E) entertainment space;\n(F) residential space;\n(G) garage or storage space;\n(H) mechanical space; and\n(I) common areas, including any atrium, stairway, restroom, or commons.\n(3) The board shall:\n(a) review each proposal submitted under Subsection (2) to ensure the proposal:\n(i) is cost effective and an efficient use of resources;\n(ii) is consistent with the degree-granting institution's mission and master plan; and\n(iii) fulfills a critical institutional facility need;\n(b) based on the results of the board's review under Subsection (3)(a), create:\n(i) a list of approved dedicated projects; and\n(ii) a list of approved nondedicated projects, prioritized in accordance with Subsection (5); and\n(c) submit the lists described in Subsection (3)(b), including the relevant proposals, to:\n(i) the governor;\n(ii) the Higher Education Appropriations Subcommittee; and\n(iii) the Division of Facilities Construction and Management for a:\n(A) recommendation, for the list described in Subsection (3)(b)(i); or\n(B) recommendation and prioritization, for the list described in Subsection (3)(b)(ii).\n(4) A dedicated project:\n(a) is subject to the recommendation of the Division of Facilities Construction and Management as described in Section 63A-5b-403; and\n(b) is not subject to the prioritization of the Division of Facilities Construction and Management as described in Section 63A-5b-403.\n(5)\n(a) Subject to Subsection (6), the board shall prioritize institution requests for funding for nondedicated projects based on:\n(i) capital facility need;\n(ii) utilization of facilities;\n(iii) maintenance and condition of facilities; and\n(iv) any other factor determined by the board.\n(b) The board shall establish how the board will prioritize institution requests for funding for nondedicated projects, including:\n(i) how the board will measure each factor described in Subsection (5)(a); and\n(ii) procedures for prioritizing requests.\n(6)\n(a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board may annually prioritize:\n(i) up to three nondedicated projects if the ongoing appropriation to the fund is less than $50,000,000;\n(ii) 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\n(iii) one nondedicated project if the ongoing appropriation to the fund is at least $100,000,000.\n(b) For each calendar year, the dollar amounts described in Subsection (6)(a) shall be adjusted by an amount equal to the percentage difference between:\n(i) the Consumer Price Index for the 2019 calendar year; and\n(ii) the Consumer Price Index for the previous calendar year.\n(7)\n(a) A degree-granting institution may request operations and maintenance funds for a capital development project approved under this section.\n(b) A degree-granting institution shall make the request described in Subsection (7)(a) at the same time the degree-granting institution submits the proposal described in Subsection (2).\n(c) The Legislature shall consider a degree-granting institution's request described in Subsection (7)(a).\n(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.","path":["Title 53H Higher Education","Chapter 53H-9 Property and Facilities","Part 53H-9-5 General Capital Developments"],"source_url":"https://le.utah.gov/xcode/Title53H/Chapter9/53H-9-S504.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"95e32eb57c82fa205e2537fa5a60574d641600a86e076a476232854efad8fa63","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-53h-9-503","next":"us-ut/utah-code-53h-9-601"},"notice":"GroundRules: Original legal text. Not legal advice."}