(1)

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 63A-5b-703

  • Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
  • Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
     (1)(a) Beginning July 1, 2020, the division shall implement a program to charge agencies, except institutions of higher education, lease payments for the agency‘s use and occupancy of space within a building.
     (1)(b) Before July 1, 2020, the division shall:

          (1)(b)(i) conduct a market analysis of market lease rates for comparable space in buildings comparable to division-owned buildings; and
          (1)(b)(ii) establish lease rates for an agency’s use and occupancy of a division-owned building.
     (1)(c) The lease rates shall be:

          (1)(c)(i) consistent with market rates for comparable space in comparable buildings;
          (1)(c)(ii) calculated to cover:

               (1)(c)(ii)(A) an amortized amount for capital replacement;
               (1)(c)(ii)(B) an amount for capital improvements; and
               (1)(c)(ii)(C) operation and maintenance costs; and
          (1)(c)(iii) in proportion to legislative appropriations.
(2) In making appropriations to cover lease payments under this section, the Legislature shall create a line item, as defined in Section 63J-1-102, for each agency to fund the lease payments.