This text of Utah § 53H-9-504 (Funding request for capital development project -- Legislative approval -- Board prioritization, approval, and review.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(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.
(3)The board shall:
(3)(a) review each proposal submitted under Subsection (2) to ensure the proposal:
(3)(a)(i) is cost effective and an efficient use of resources;
(3)(a)(ii) is consistent with the degree-granting institution's mission and master plan; and
(3)(a)(iii) fulfills a critical institutional facility need;
(3)(b) based on the results of the board's review under Subsection (3)(a), create:
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(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.
(3) The board shall:
(3)(a) review each proposal submitted under Subsection (2) to ensure the proposal:
(3)(a)(i) is cost effective and an efficient use of resources;
(3)(a)(ii) is consistent with the degree-granting institution's mission and master plan; and
(3)(a)(iii) fulfills a critical institutional facility need;
(3)(b) based on the results of the board's review under Subsection (3)(a), create:
(3)(b)(i) a list of approved dedicated projects; and
(3)(b)(ii) a list of approved nondedicated projects, prioritized in accordance with Subsection (5); and
(3)(c) submit the lists described in Subsection (3)(b) to:
(3)(c)(i) the governor;
(3)(c)(ii) the Transportation and Infrastructure Appropriations Subcommittee;
(3)(c)(iii) the Higher Education Appropriations Subcommittee; and
(3)(c)(iv) the Division of Facilities Construction and Management for a:
(3)(c)(iv)(A) recommendation, for the list described in Subsection (3)(b)(i); or
(3)(c)(iv)(B) recommendation and prioritization, for the list described in Subsection (3)(b)(ii).
(4) A dedicated project:
(4)(a) is subject to the recommendation of the Division of Facilities Construction and Management as described in Section 63A-5b-403; and
(4)(b) is not subject to the prioritization of the Division of Facilities Construction and Management as described in Section 63A-5b-403.
(5) (5)(a) Subject to Subsection (6), the board shall prioritize institution requests for funding for nondedicated projects based on:
(5)(a)(i) capital facility need;
(5)(a)(ii) utilization of facilities;
(5)(a)(iii) maintenance and condition of facilities; and
(5)(a)(iv) any other factor determined by the board.
(5)(b) The board shall establish how the board will prioritize institution requests for funding for nondedicated projects, including:
(5)(b)(i) how the board will measure each factor described in Subsection (5)(a); and
(5)(b)(ii) procedures for prioritizing requests.
(6) (6)(a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board may annually prioritize:
(6)(a)(i) up to three nondedicated projects if the ongoing appropriation to the fund is less than $50,000,000;
(6)(a)(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
(6)(a)(iii) one nondedicated project if the ongoing appropriation to the fund is at least $100,000,000.
(6)(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:
(6)(b)(i) the Consumer Price Index for the 2019 calendar year; and
(6)(b)(ii) the Consumer Price Index for the previous calendar year.
(7) (7)(a) A degree-granting institution may request operations and maintenance funds for a capital development project approved under this section.
(7)(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).
(7)(c) 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.