1. (1) Except as provided in Section 63A-5b-404, the division shall, on behalf of all agencies, submit capital development project recommendations and priorities to the Legislature for approval and prioritization.

2. (2)

   1. (a) An agency may request an appropriation for the programming of a capital development project by submitting the request to the division for transmittal to the Legislature.
   2. (b) An agency may, but is not required to, submit a completed feasibility study in connection with a request described in Subsection (2)(a).
   3. (c) An agency may request an appropriation for the design and construction of a capital development project by submitting the request and a program document to the division for transmittal to the Legislature.
3. (3) The division may not transmit to the Legislature a request described in Subsection (2)(c) unless the agency submits a program document for the capital development project.

4. (4)

   1. (a) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish standards and requirements for:

      1. (i) a capital development project; and
      2. (ii) if submitted, a feasibility study.

   2. (b) The rules shall include:

      1. (i) a deadline by which an agency is required to submit a capital development project request;
      2. (ii) conditions under which an agency may modify the agency's capital development project request after the agency submits the request, and requirements applicable to a modification; and

      3. (iii) requirements for the contents of a feasibility study, including:

         1. (A) the need for the capital development project;
         2. (B) the appropriateness of the scope of the capital development project;
         3. (C) any private funding for the capital development project;
         4. (D) the economic and community impacts of the capital development project;
         5. (E) a space utilization plan developed in accordance with rules made by the division under Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
         6. (F) a capital budget estimate approved by the division.
5. (5) The division shall verify the completion and accuracy of a feasibility study or program document that an agency submits under Subsection (2) prior to submitting capital development project recommendations and priorities under Subsection (1).

Amended by Chapter 473, 2026 General Session