53H-9-402. Buildings and facilities -- Board approval of construction and purchases -- Rules.
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Effective 5/6/2026
53H-9-402. Buildings and facilities -- Board approval of construction and purchases -- Rules.
(1)The board shall approve all new construction, repair, or purchase of educational and general buildings and facilities financed from any source at all institutions subject to the jurisdiction of the board.
(2)An institution may not:
(a)submit plans or specifications to the Division of Facilities Construction and Management for the construction or alteration of buildings, structures, or facilities or for the purchases of equipment or fixtures for the structure without the authorization of the board; or
(b)request state funding for a dedicated or non-dedicated project except as provided in Part 5, General Capital Developments, and Part 6, Technical College Leasing and Capital Development.
(3)The board shall make rules establishing the conditions under which facilities may be eligible to request state funds for operations and maintenance.
(4)Before approving the purchase of a building, the board shall:
(a)determine whether or not the building will be eligible for state funds for operations and maintenance by applying the rules adopted under Subsection
(3); and
(b)if the annual request for state funding for operations and maintenance will be greater than $100,000, notify the speaker of the House, the president of the Senate, and the cochairs of the Transportation and Infrastructure Appropriations Subcommittee.
Amended by Chapter 473 , 2026 General Session