Section 201 – Capital Projects Evaluation Panel.

• (1) There is created the Capital Projects Evaluation Panel to review, prioritize, and approve proposals for state funding of capital projects under this chapter.

• (2) The panel consists of the following members:
  • (a) the state superintendent of public instruction or the state superintendent’s designee, who serves as chair of the panel;
  • (b) the deputy superintendent for financial operations or the deputy superintendent’s designee;
  • (c) two individuals with expertise in school construction whom the state superintendent appoints;
  • (d) two individuals with construction and construction financing experience, at least one of whom being an employee of the division, whom the governor appoints; and
  • (e) the state treasurer or the state treasurer’s designee, only in the case of panel action regarding a loan under Section 53F-10-302.

• (3)
  • (a)
    • (i) Except as provided under Subsection (3)(a)(ii), an appointed member of the panel shall serve a term of two years.
    • (ii) Notwithstanding Subsection (3)(a)(i), a panel member’s term ends on the day on which the member’s position allowing the member to serve on the panel under Subsection (2) ends.
  • (b) The state superintendent and governor shall make the respective appointments:
    • (i) for the initial appointments, before July 1, 2022;
    • (ii) for subsequent terms, before July 1 of each even-numbered year, by:
      • (A) reappointing the panel member whose term expires under Subsection (3)(a)(i); or
      • (B) appointing a new panel member; and
    • (iii) in the case of a vacancy created under Subsection (3)(a)(ii), for the remainder of the vacated term.
  • (c) The state superintendent and governor may change the relevant appointment described in Subsection (2) at any time for the remainder of the existing term.

• (4) A panel member:
  • (a) may not receive compensation or benefits for the member’s service on the panel other than a member who is an existing state employee receiving the employee’s existing compensation and benefits related to the employee’s state employment; and
  • (b) may receive per diem and reimbursement for travel expenses that the member incurs as a panel member at the rates that the Division of Finance establishes under:
    • (i) Sections 63A-3-106 and 63A-3-107; and
    • (ii) rules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107.

• (5)
  • (a) A majority of the panel members constitutes a quorum.
  • (b) The action of a majority of a quorum constitutes an action of the panel.

• (6)
  • (a) The state board shall provide staff support to the panel.
  • (b) The division shall provide technical expertise to the panel as requested by the panel.

Enacted by Chapter 407, 2022 General Session