2006 Utah Code - 63A-5-204 — Specific powers and duties of director.

     63A-5-204.   Specific powers and duties of director.
     (1) As used in this section, "capitol hill facilities" and "capitol hill grounds" have the same meaning as provided in Section 63C-9-102.
     (2) (a) The director shall:
     (i) recommend rules to the executive director for the use and management of facilities and grounds owned or occupied by the state for the use of its departments and agencies;
     (ii) supervise and control the allocation of space, in accordance with legislative directive through annual appropriations acts or other specific legislation, to the various departments, commissions, institutions, and agencies in all buildings or space owned, leased, or rented by or to the state, except capitol hill facilities and capitol hill grounds and except as otherwise provided by law;
     (iii) comply with the procedures and requirements of Title 63A, Chapter 5, Part 3, Division of Facilities Construction and Management Leasing;
     (iv) except as provided in Subsection (2)(b), acquire, as authorized by the Legislature through the appropriations act or other specific legislation, and hold title to, in the name of the division, all real property, buildings, fixtures, or appurtenances owned by the state or any of its agencies;
     (v) adopt and use a common seal, of a form and design determined by the director, and of which courts shall take judicial notice;
     (vi) file a description and impression of the seal with the Division of Archives;
     (vii) collect and maintain all deeds, abstracts of title, and all other documents evidencing title to or interest in property belonging to the state or any of its departments, except institutions of higher education and the School and Institutional Trust Lands Administration;
     (viii) report all properties acquired by the state, except those acquired by institutions of higher education, to the director of the Division of Finance for inclusion in the state's financial records;
     (ix) before charging a rate, fee, or other amount for services provided by the division's internal service fund to an executive branch agency, or to a subscriber of services other than an executive branch agency:
     (A) submit the proposed rates, fees, and cost analysis to the Rate Committee established in Section 63A-1-114; and
     (B) obtain the approval of the Legislature as required by Section 63-38-3.5;
     (x) conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed rates and fees, which analysis shall include a comparison of the division's rates and fees with the fees of other public or private sector providers where comparable services and rates are reasonably available;
     (xi) implement the State Building Energy Efficiency Program under Section 63-9-67; and
     (xii) take all other action necessary for carrying out the purposes of this chapter.
     (b) Legislative approval is not required for acquisitions by the division that cost less than $250,000.
     (3) (a) The director shall direct or delegate maintenance and operations, preventive maintenance, and facilities inspection programs and activities for any department, commission, institution, or agency, except:
     (i) the State Capitol Preservation Board; and
     (ii) state institutions of higher education.

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     (b) The director may choose to delegate responsibility for these functions only when the director determines that:
     (i) the department or agency has requested the responsibility;
     (ii) the department or agency has the necessary resources and skills to comply with facility maintenance standards approved by the State Building Board; and
     (iii) the delegation would result in net cost savings to the state as a whole.
     (c) The State Capitol Preservation Board and state institutions of higher education are exempt from Division of Facilities Construction and Management oversight.
     (d) Each state institution of higher education shall comply with the facility maintenance standards approved by the State Building Board.
     (e) Except for the State Capitol Preservation Board, agencies and institutions that are exempt from division oversight shall annually report their compliance with the facility maintenance standards to the division in the format required by the division.
     (f) The division shall:
     (i) prescribe a standard format for reporting compliance with the facility maintenance standards;
     (ii) report agency and institution compliance or noncompliance with the standards to the Legislature; and
     (iii) conduct periodic audits of exempt agencies and institutions to ensure that they are complying with the standards.
     (4) (a) In making any allocations of space under Subsection (2), the director shall:
     (i) conduct studies to determine the actual needs of each department, commission, institution, or agency; and
     (ii) comply with the restrictions contained in this Subsection (4).
     (b) The supervision and control of the legislative area is reserved to the Legislature.
     (c) The supervision and control of the judicial area is reserved to the judiciary for trial courts only.
     (d) The director may not supervise or control the allocation of space for entities in the public and higher education systems.
     (e) The supervision and control of capitol hill facilities and capitol hill grounds is reserved to the State Capitol Preservation Board.
     (5) The director may:
     (a) hire or otherwise procure assistance and services, professional, skilled, or otherwise, that are necessary to carry out the director's responsibilities, and may expend funds provided for that purpose either through annual operating budget appropriations or from nonlapsing project funds;
     (b) sue and be sued in the name of the division; and
     (c) hold, buy, lease, and acquire by exchange or otherwise, as authorized by the Legislature, whatever real or personal property that is necessary for the discharge of the director's duties.
     (6) Notwithstanding the provisions of Subsection (2)(a)(iv), the following entities may hold title to any real property, buildings, fixtures, and appurtenances held by them for purposes other than administration that are under their control and management:
     (a) the Office of Trust Administrator;
     (b) the Department of Transportation;

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     (c) the Division of Forestry, Fire and State Lands;
     (d) the Department of Natural Resources;
     (e) the Utah National Guard;
     (f) any area vocational center or other institution administered by the State Board of Education;
     (g) any institution of higher education; and
     (h) the Utah Science Technology and Research Governing Authority.
     (7) The director shall ensure that any firm performing testing and inspection work governed by the American Society for Testing Materials Standard E-329 on public buildings under the director's supervision shall:
     (a) fully comply with the American Society for Testing Materials standard specifications for agencies engaged in the testing and inspection of materials known as ASTM E-329; and
     (b) carry a minimum of $1,000,000 of errors and omissions insurance.
     (8) Notwithstanding Subsections (2)(a)(iii) and (iv), the School and Institutional Trust Lands Administration may hold title to any real property, buildings, fixtures, and appurtenances held by it that are under its control.

Amended by Chapter 123, 2006 General Session
Amended by Chapter 278, 2006 General Session