DAR File No. 38247

Administrative Services, Facilities Construction and Management

Rule R23-33

Rules for the Prioritization and Scoring of Capital Improvements by the Utah State Building Board

Notice of Proposed Rule

(New Rule)

DAR File No.: 38247
Filed: 01/15/2014 04:47:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish a prioritization and scoring process for capital improvements that occurs annually before the Building Board.

Summary of the rule or change:

This rule establishes a new five-step process using standardized formats which require more complete explanations and justifications, and which follows an established criteria for ranking capital improvement projects. The process attempts to provide better care of state assets and more efficient use of state funds.

State statutory or constitutional authorization for this rule:

• Subsection 63A-5-103(1)(e)
• Subsection 63A-5-104(9)

Anticipated cost or savings to:

the state budget:

This rule will potentially offer a savings to the state because this five-step process will make the use of state funds more efficient for capital improvements.

local governments:

This rule will not affect the local governments budget, since it is just establishing a prioritization and scoring process for capital improvements that occurs annually before the Building Board.

small businesses:

This rule will not affect the budget of small businesses since it is just establishing a prioritization and scoring process for capital improvements that occurs annually before the Building Board.

persons other than small businesses, businesses, or local governmental entities:

This rule will not affect any other person's budget, since it is just establishing a prioritization and scoring process for capital improvements that occurs annually before the Building Board.

Compliance costs for affected persons:

This rule does not have any compliance costs for any persons, since it is just establishing a prioritization and scoring process for capital improvements that occurs annually before the Building Board.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have no fiscal impact on businesses.

Kim Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Facilities Construction and Management
Room 4110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at [email protected]
• Cecilia Niederhauser at the above address, by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at [email protected]
• Chiarina Bautista at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/03/2014

This rule may become effective on:

03/10/2014

Authorized by:

Joshua Haines, Director

R23. Administrative Services, Facilities Construction and Management.

R23-33. Rules for the Prioritization and Scoring of Capital Improvements by the Utah State Building Board.

R23-33-1. Purpose.

The purpose of this Rule R23-33 is to establish a prioritization and scoring process for capital improvements that occurs annually before the Building Board.

 

R23-33-2. Authority.

This Rule R23-33 is authorized under Subsection 63A-5-104(9) indicating that the Board may adopt a rule allocating Capital Improvements subject to terms in the statute. The Building Board has administrative rulemaking authority under Subsection 63A-5-103(1)(e).

 

R23-33-3. Definitions.

The following definitions shall apply to this Rule R23-33:

(1) "Board" means the Utah State Building Board established under Title 63A, Chapter 5, Utah Code.

(2) "Building Board Director" means the employee of the Department of Administrative Services that is assigned as an administrator to the Utah State Building Board and hereinafter referred to as the "BBD."

(3) Definitions provided in Utah Code Section 63A-5-104 shall apply to the terms used in this Rule R23-33.

 

R23-33-4. General Overview of Process.

The capital improvement prioritized scoring process consists of five steps as follows:

(1) A Project Needs Request;

(2) Preliminary Project Prioritization and Preliminary Scoring by the BBD;

(3) Preliminary BBD Scored Project Review and Revisions Process involving agencies and institutions, the Division of Facilities Construction and Management, and the BBD;

(4) Submitting the revised Scored List to Board and a Utah State Legislature subcommittee involved with State facility design and construction; and

(5) Review and Final Approval by the Utah State Building Board of the list for submittal to the Utah Legislature.

 

R-23-33-5. Step One: Project Needs Request.

(1) Submission guidelines and formatting requirements shall be approved by the Board prior to submission by the BBD to the agencies and institutions.

(i) Submission guidelines include the Project Scoping Form which describes in detail the work that needs to be accomplished, statutory requirements, identification of hard and soft costs, submission deadlines and other requirements.

(ii) The guidelines shall also describe the priority classifications which are in the following ranked order of priority: 1-life safety; 2-critical; 3-necessary; and 4-programatic, as well as the scoring criteria.

(2) Prior to June of each calendar year, the BBD shall notify agencies and institutions to begin developing their Project Needs Request which includes the agency or institution's prioritized list for the next fiscal year's funding cycles as well as the prioritized scoring process submission guidelines; all to be consistent with applicable law.

(3) The BBD may provide agencies and institutions with a list of existing Facility Condition Assessment Data ("FCA"), including Risk Management property number, life cycle related to the need, unique FCA project number, and the estimated cost. To the extent the BBD does not provide such information, the agency or institution is required to obtain the information from the FCA database maintained by DFCM and any supplemental information obtained by the agency or institution.

(4) The Project Needs Request, including the prioritization, shall be submitted by the agencies and institutions to the BBD no later than August 15th immediately following the BBD's notice referred to above.

 

R23-33-6. Step Two: Preliminary Project Prioritization and Preliminary Scoring by the BBD.

(1) The BBD shall review the agency or institution's Project Needs Request, including the prioritization and classification.

(2) The BBD shall provide a copy of the submittal to the State Building Energy Efficiency Program Director to determine if any listed projects qualify for energy savings components, energy improvements/developments or qualification for revolving loans.

(3) The BBD then compiles all the submittals from every agency and institution into one comprehensive list. The comprehensive list includes the classification codes. The BBD applies the prioritized scoring method to each of the submittals. The comprehensive list shall be consistent with the statutory standards set forth by the Utah Legislature and utilized throughout the process.

(4) The BBD shall notify the agency or institution of any concerns regarding the Project Needs Request.

(5) At any time, the BBD may initiate conversations and meetings with the agency or institution to obtain information, clarification or seek to reach an agreement on any concerns.

 

R23-33-7. Step Three: Scored Project Review and Revisions Process involving agencies and institutions, the Division of Facilities Construction and Management, BBD and the Board.

(1) The BBD shall distribute the BBD's preliminary master capital improvement list including categorization, prioritization and scoring, to the Division of Facilities Construction and Management as well as the agencies and institutions for review and comment.

(2) A Construction Budget Estimate (CBE) shall be prepared by the appropriate State employee responsible for preparing a CBE for the particular project using the CBE form provided by the BBD. The CBE shall be based on the Project Scoping Form provided by the BBD.

(3) Each completed CBE form and Project Scoping Form shall be submitted promptly to the BBD and no later than October 15th of the particular year.

(4) The BBD will review each CBE and Project Scoping Form. The BBD will prepare the preliminary scoring along with packet of prioritized capital improvement projects intended for the Board meeting in December. This preliminary scoring and packet shall be submitted by the BBD to the affected agencies or institutions. If there is any disagreement between the BBD and any particular agency or institution, the BBD and the particular agency or institution may endeavor to resolve this matter prior to the packet being sent to the Board. During any such resolution process between the BBD and an agency or institution, the BBD's preliminary scoring and packet may be modified.

(5) The resulting packet and scoring prepared by the BBD under subsection (4) of this Rule, shall be distributed to the Board members as well as the agencies and institutions at least seven days in advance of the December Board meeting.

(6) The Board meeting to review the BBD's capital improvement submittal shall be on or about December 15 ^th of each year.

(7) At the December Board meeting, the Board shall consider input from the BBD, an affected agency or institution as well as interested persons as appropriate.

 

R23-33-8. Step Four: Submitting the Scored List to the Appropriate Subcommittee of the Utah State Legislature.

(1)At the January Board meeting, the Board shall make a final prioritization recommendation for submission to the appropriate subcommittee of the Utah Legislature. The recommendation must be consistent with the statutory standards set forth by the Utah Legislature and utilized throughout the process.

(2) The Board's list is submitted to the appropriate subcommittee of the Utah Legislature as required by law, no later than the January 15th following the January Board meeting.

 

R23-33-9. Step Five: Review and Final Approval by the Utah State Building Board.

After the consideration by the Utah Legislature, the Board will make its final approval of the capital improvements lists consistent with any direction from the Legislature.

 

KEY: buildling board, capital improvements, prioritization, scoring

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 63A-5-103(1)(e); 63A-5-104(9)