Utah § 63A-5b-802 Leasing responsibilities of the director.

Utah Statutes

§ 63A-5b-802 — Leasing responsibilities of the director.

Utah § 63A-5b-802

Title 63AUtah Government Operations Code

Ch. 63A-5bAdministration of State Facilities

Part 63A-5b-8Acquisitions of Real Property Interests

This text of Utah § 63A-5b-802 (Leasing responsibilities of the director.) 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.

Bluebook

Utah Code Ann. § 63A-5b-802 (2026).

Text

(1)The director shall:

(1)(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;

(1)(b) lease, in the name of the division, all real property space to be occupied by a leasing agency;

(1)(c) in leasing space:

(1)(c)(i) 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

(1)(c)(ii) comply with any legislative mandates contained in the appropriations act or other legislation;

(1)(d) apply the criteria contained in Subsection (1)(f) to prepare a report evaluating each high-cost lease at least 12 months before the lease expires;

(1)(e) evaluate each lease under the division

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(1) The director shall:

(1)(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;
(1)(b) lease, in the name of the division, all real property space to be occupied by a leasing agency;
(1)(c) in leasing space:
(1)(c)(i) 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
(1)(c)(ii) comply with any legislative mandates contained in the appropriations act or other legislation;
(1)(d) apply the criteria contained in Subsection (1)(f) to prepare a report evaluating each high-cost lease at least 12 months before the lease expires;
(1)(e) evaluate each lease under the division's control and apply the criteria contained in Subsection (1)(f), as applicable, to evaluate the lease;
(1)(f) in evaluating leases:
(1)(f)(i) determine whether the lease is cost-effective when the needs of the leasing agency to be housed in the leased facilities are considered;
(1)(f)(ii) determine whether another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing;
(1)(f)(iii) determine whether the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;
(1)(f)(iv) compare the proposed lease payments to the current market rates, and evaluate whether the proposed lease payments are reasonable under current market conditions;
(1)(f)(v) compare proposed significant lease terms to the current market, and recommend whether these proposed terms are reasonable under current market conditions; and
(1)(f)(vi) if applicable, recommend that the lease or modification to a lease be approved or disapproved;
(1)(g) based upon the evaluation, include in the report recommendations that identify viable alternatives to:
(1)(g)(i) make the lease cost-effective; or
(1)(g)(ii) meet the leasing agency's needs when the lease expires; and
(1)(h) upon request, provide the information included in the report to:
(1)(h)(i) the leasing agency benefitted by the lease; and
(1)(h)(ii) the Office of the Legislative Fiscal Analyst.
(2) The director may:

(2)(a) 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
(2)(b) 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.