State Codes and Statutes
Statutes > Utah > Title-63a > Chapter-05 > 63a-5-10363A-5-103. Board -- Powers.
(1) The State Building Board shall:
(a) in cooperation with state institutions, departments, commissions, and agencies,prepare a master plan of structures built or contemplated;
(b) submit to the governor and the Legislature a comprehensive five-year building planfor the state containing the information required by Subsection (2);
(c) amend and keep current the five-year building program for submission to thegovernor and subsequent legislatures;
(d) as a part of the long-range plan, recommend to the governor and Legislature anychanges in the law that are necessary to insure an effective, well-coordinated building programfor all state institutions;
(e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, makerules:
(i) that are necessary to discharge its duties and the duties of the Division of FacilitiesConstruction and Management;
(ii) to establish standards and requirements for life cycle cost-effectiveness of statefacility projects; and
(iii) to govern the disposition of real property by the division and establish factors,including appraised value and historical significance, in evaluating the disposition;
(f) with support from the Division of Facilities Construction and Management, establishdesign criteria, standards, and procedures for planning, design, and construction of new statefacilities and for improvements to existing state facilities, including life-cycle costing,cost-effectiveness studies, and other methods and procedures that address:
(i) the need for the building or facility;
(ii) the effectiveness of its design;
(iii) the efficiency of energy use; and
(iv) the usefulness of the building or facility over its lifetime;
(g) prepare and submit a yearly request to the governor and the Legislature for adesignated amount of square footage by type of space to be leased by the Division of FacilitiesConstruction and Management in that fiscal year; and
(h) assure the efficient use of all building space.
(2) In order to provide adequate information upon which the State Building Board maymake its recommendation under Subsection (1), any state agency requesting new full-timeemployees for the next fiscal year shall report those anticipated requests to the building board atleast 90 days before the annual general session in which the request is made.
(3) (a) The State Building Board shall ensure that the five-year building plan required bySubsection (1)(c) includes:
(i) a list that prioritizes construction of new buildings for all structures built orcontemplated based upon each agency's, department's, commission's, and institution's present andfuture needs;
(ii) information, and space use data for all state-owned and leased facilities;
(iii) substantiating data to support the adequacy of any projected plans;
(iv) a summary of all statewide contingency reserve and project reserve balances as ofthe end of the most recent fiscal year;
(v) a list of buildings that have completed a comprehensive facility evaluation by an
architect/engineer or are scheduled to have an evaluation;
(vi) for those buildings that have completed the evaluation, the estimated costs of neededimprovements; and
(vii) for projects recommended in the first two years of the five-year building plan:
(A) detailed estimates of the cost of each project;
(B) the estimated cost to operate and maintain the building or facility on an annual basis;
(C) the estimated number of new agency full-time employees expected to be housed inthe building or facility;
(D) the estimated cost of new or expanded programs and personnel expected to behoused in the building or facility;
(E) the estimated lifespan of the building with associated costs for major componentreplacement over the life of the building; and
(F) the estimated cost of any required support facilities.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theState Building Board may make rules prescribing the format for submitting the informationrequired by this Subsection (3).
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the State Building Board may make rules establishing circumstances under which bids may bemodified when all bids for a construction project exceed available funds as certified by thedirector.
(b) In making those rules, the State Building Board shall provide for the fair andequitable treatment of bidders.
(5) (a) A person who violates a rule adopted by the board under Subsection (1)(e) issubject to a civil penalty not to exceed $2,500 for each violation plus the amount of any actualdamages, expenses, and costs related to the violation of the rule that are incurred by the state.
(b) The board may take any other action allowed by law.
(c) If any violation of a rule adopted by the board is also an offense under Title 76, UtahCriminal Code, the violation is subject to the civil penalty, damages, expenses, and costs allowedunder Subsection (1)(e) in addition to any criminal prosecution.
Amended by Chapter 338, 2010 General Session
