1. (1) As used in this section:

   1. (a) "Dedicated project" has the same meaning as that term is defined in:

      1. (i) Section 53H-9-601, for a capital development project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; or
      2. (ii) Section 53H-9-501, for a capital development project under Title 53H, Chapter 9, Part 5, General Capital Developments.

   2. (b) "Nondedicated project" has the same meaning as that term is defined in:

      1. (i) Section 53H-9-601, for a capital development project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; or
      2. (ii) Section 53H-9-501, for a capital development project under Title 53H, Chapter 9, Part 5, General Capital Developments.

2. (2)

   1. (a) The division shall submit recommendations to the Legislature in accordance with:

      1. (i) Section 53H-9-604, for a dedicated project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; or
      2. (ii) Section 53H-9-504, for a dedicated project under Title 53H, Chapter 9, Part 5, General Capital Developments.
   2. (b) A dedicated project is not subject to prioritization by the division.

3. (3)

   1. (a) The division shall prioritize nondedicated projects in accordance with:

      1. (i) Section 63A-5b-402; and

      2. (ii)

         1. (A) Section 53H-9-604, for a nondedicated project under Title 53H, Chapter 9, Part 6, Technical College Leasing and Capital Development; or
         2. (B) Section 53H-9-504, for a nondedicated project under Title 53H, Chapter 9, Part 5, General Capital Developments.
   2. (b) In the division's scoring process for prioritizing nondedicated projects, the division shall give more weight to a request that is designated as a higher priority by the Utah Board of Higher Education than a request that is designated as a lower priority by the Utah Board of Higher Education only for determining the order of prioritization among requests submitted by the Utah Board of Higher Education.

4. (4) The division shall require that an institution of higher education that submits a request for a capital development project address whether and how, as a result of the project, the institution of higher education will:

   1. (a) offer courses or other resources that will help meet demand for jobs, training, and employment in the current market and the projected market for the next five years;
   2. (b) respond to individual skilled and technical job demand over the next three, five, and 10 years;
   3. (c) respond to industry demands for trained workers;
   4. (d) help meet commitments made by the Governor's Office of Economic Development, including relating to training and incentives;
   5. (e) respond to changing needs in the economy; and
   6. (f) respond to demands for online or in-class instruction, based on demographics.

5. (5) The division shall:

   1. (a)

      1. (i) assist institutions of higher education in providing the information required by Subsection (4); and
      2. (ii) verify the completion and accuracy of the information submitted by an institution of higher education under Subsection (4);
   2. (b) assist the Utah Board of Higher Education to fulfill the requirements of Section 53H-9-603 in connection with the finding that the division is required to make under Subsection 53H-9-603(4)(b); and
   3. (c) assist the Utah Board of Higher Education in submitting a list of dedicated projects to the division for approval and nondedicated projects to the division for recommendation and prioritization pursuant to Section 53H-9-504.

Amended by Chapter 343, 2026 General Session