§ 63A-5b-404 — Exceptions to requirement of legislative approval for capital development projects.

(1) (1)(a) Except as provided in this section, a capital development project may not be constructed on state property without legislative approval.
(1)(b) The division may authorize a capital development project on state property without legislative approval only as provided in this section.
(2) (2)(a) Legislative approval is not required for a capital development project that consists of the design or construction of a new facility if:
(2)(a)(i) the division determines that the requesting agency has provided adequate assurance that state funds will not be used for the design or construction of the facility;
(2)(a)(ii) the agency provides to the division a written document, signed by the head of the agency:
(2)(a)(ii)(A) stating that funding or a revenue stream is in place, or will be in place before the project is completed, to ensure that increased state funding will not be required to cover the cost of operations and maintenance for the resulting facility or for immediate or future capital improvements; and
(2)(a)(ii)(B) detailing the source of the funding that will be used for the cost of operations and maintenance and for immediate and future capital improvements to the resulting facility; and
(2)(a)(iii) the division determines that the use of the state property:
(2)(a)(iii)(A) is appropriate and consistent with the master plan for the property; and
(2)(a)(iii)(B) will not create an adverse impact on the state.
(2)(b) For a facility constructed without legislative approval under Subsection (2)(a), an agency may not request:
(2)(b)(i) increased state funds for operations and maintenance; or
(2)(b)(ii) increased state capital improvement funding.
(3) Legislative approval is not required for:
(3)(a) a facility:
(3)(a)(i) to be built with funds other than state funds and owned by an entity other than a state entity; and
(3)(a)(ii) that is within a research park area at the University of Utah or Utah State University;
(3)(b) a facility to be built at This is the Place State Park by the This is the Place Foundation with funds of the This is the Place Foundation or with donated services or materials and that may include grant money from the state;
(3)(c) a project that:
(3)(c)(i) is funded by the Uintah Basin Revitalization Fund or the Navajo Revitalization Fund; and
(3)(c)(ii) does not provide a new facility for an agency or institution of higher education; or
(3)(d) a project on school and institutional trust lands that:
(3)(d)(i) is funded by the trust lands administration from the Land Grant Management Fund; and
(3)(d)(ii) does not fund construction of a new facility for an agency or institution of higher education.
(4) (4)(a) Legislative approval is not required for a capital development project to be built for the Department of Transportation resulting from:
(4)(a)(i) an exchange of real property under Section 72-5-111; or
(4)(a)(ii) a sale or exchange of real property from a maintenance facility if the proceeds from the sale of the real property are used for, or the real property is exchanged for:
(4)(a)(ii)(A) real property for another maintenance facility; or
(4)(a)(ii)(B) another maintenance facility, including improvements for a maintenance facility.
(4)(b) If the Department of Transportation approves a sale or exchange under Subsection (4)(a) for a capital development project subject to the board's approval, the Department of Transportation shall notify the president of the Senate, the speaker of the House of Representatives, and the cochairs of the Transportation and Infrastructure Appropriations Subcommittee of the Legislature's Joint Appropriations Committee about any new facilities to be built or improved.

Legislative History

Amended by Chapter 271, 2025 General Session