(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:
(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
(b) ensure that the proposal described in Subsection (2)(a) includes:
(i) the name of the project;
(ii) a specification of the intent of the project as a dedicated project or a non-dedicated project;
(iii) the projected cost of the project and the sources of funding, including internal funds, requested legislative appropriations, matching funds, or debt;
(iv) a budget for the project, including:
(A) any land cost;
(B) architecture and engineering costs;
(C) any impact fees;
(D) horizontal development costs, including infrastructure and site work;
(E) vertical construction costs;
(F) furniture costs;
(G) any plan to fund future operations, maintenance, and staffing costs;
(H) financing costs;
(I) construction management, project management, or other administrative costs; and
(J) costs associated with the demolition or remodeling of existing space;
(v) a rendering of the project;
(vi) a narrative explaining the use of the facility, including the facility's expected life span;
(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
(viii) the amount of square feet of the project, including a breakdown of the uses of the space by square footage, including any:
(A) classroom space;
(B) lab space;
(C) office space;
(D) meeting room space;
(E) entertainment space;
(F) residential space;
(G) garage or storage space;
(H) mechanical space; and
(I) common areas, including any atrium, stairway, restroom, or commons.
(3) The board shall:
(a) review each proposal submitted under Subsection (2) to ensure the proposal:
(i) is cost effective and an efficient use of resources;
(ii) is consistent with the degree-granting institution's mission and master plan; and
(iii) fulfills a critical institutional facility need;
(b) based on the results of the board's review under Subsection (3)(a), create:
(i) a list of approved dedicated projects; and
(ii) a list of approved nondedicated projects, prioritized in accordance with Subsection (5); and
(c) submit the lists described in Subsection (3)(b), including the relevant proposals, to:
(i) the governor;
(ii) the Higher Education Appropriations Subcommittee; and
(iii) the Division of Facilities Construction and Management for a:
(A) recommendation, for the list described in Subsection (3)(b)(i); or
(B) recommendation and prioritization, for the list described in Subsection (3)(b)(ii).
(4) A dedicated project:
(a) is subject to the recommendation of the Division of Facilities Construction and Management as described in Section 63A-5b-403; and
(b) is not subject to the prioritization of the Division of Facilities Construction and Management as described in Section 63A-5b-403.
(5)
(a) Subject to Subsection (6), the board shall prioritize institution requests for funding for nondedicated projects based on:
(i) capital facility need;
(ii) utilization of facilities;
(iii) maintenance and condition of facilities; and
(iv) any other factor determined by the board.
(b) The board shall establish how the board will prioritize institution requests for funding for nondedicated projects, including:
(i) how the board will measure each factor described in Subsection (5)(a); and
(ii) procedures for prioritizing requests.
(6)
(a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board may annually prioritize:
(i) up to three nondedicated projects if the ongoing appropriation to the fund is less than $50,000,000;
(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
(iii) one nondedicated project if the ongoing appropriation to the fund is at least $100,000,000.
(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:
(i) the Consumer Price Index for the 2019 calendar year; and
(ii) the Consumer Price Index for the previous calendar year.
(7)
(a) A degree-granting institution may request operations and maintenance funds for a capital development project approved under this section.
(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).
(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.