§ 63A-5-302. Leasing responsibilities of the director.

(1) The director shall:

(a) lease, in the name of the division, all real property space to be occupied by an agency;

(b) in leasing space, comply with:

(i) Title 63G, Chapter 6a, Utah Procurement Code; and

(ii) any legislative mandates contained in the appropriations act or other specific legislation;

(c) apply the criteria contained in Subsection (1)(e) to prepare a report evaluating each high-cost lease at least 12 months before it expires;

(d) evaluate each lease under the division's control and apply the criteria contained in Subsection (1)(e), when appropriate, to evaluate those leases;

(e) in evaluating leases:

(i) determine whether or not the lease is cost-effective when the needs of the agency to be housed in the leased facilities are considered;

(ii) determine whether or not another option such as construction, use of other state-owned space, or a lease-purchase agreement is more cost-effective than leasing;

(iii) determine whether or not the significant lease terms are cost-effective and provide the state with sufficient flexibility and protection from liability;

(iv) compare the proposed lease payments to the current market rates, and evaluate whether or not the proposed lease payments are reasonable under current market conditions;

(v) compare proposed significant lease terms to the current market, and recommend whether or not these proposed terms are reasonable under current market conditions; and

(vi) if applicable, recommend that the lease or modification to a lease be approved or disapproved;

(f) based upon the evaluation, include in the report recommendations that identify viable alternatives to:

(i) make the lease cost-effective; or

(ii) meet the agency's needs when the lease expires; and

(g) upon request, provide the information included in the report to:

(i) the agency benefitted by the lease; and

(ii) the Office of Legislative Fiscal Analyst.

(2) The director may:

(a) subject to legislative appropriation, enter into facility leases with terms of up to 10 years when the length of the lease's term is economically advantageous to the state; and

(b) with the approval of the State Building Board and subject to legislative appropriation, enter into facility leases with terms of more than 10 years when the length of the lease's term is economically advantageous to the state.

Amended by Chapter 347, 2012 General Session