Section 63A-5b-802 - Leasing responsibilities of the director(1) The director shall: (a) prepare and submit a yearly request to the governor and Legislature for a designated amount of square footage by type of space to be leased by the division for that fiscal year;(b) lease, in the name of the division, all real property space to be occupied by a leasing agency;(c) in leasing space: (i) use a process consistent with the best interest of the state, the requirements of the leasing agency, and the anticipated use of the property; and(ii) comply with any legislative mandates contained in the appropriations act or other legislation;(d) apply the criteria contained in Subsection (1)(f) to prepare a report evaluating each high-cost lease at least 12 months before the lease expires;(e) evaluate each lease under the division's control and apply the criteria contained in Subsection (1)(f), as applicable, to evaluate the lease;(f) in evaluating leases:(i) determine whether the lease is cost-effective when the needs of the leasing agency to be housed in the leased facilities are considered;(ii) determine whether 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 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 the proposed lease payments are reasonable under current market conditions;(v) compare proposed significant lease terms to the current market, and recommend whether 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;(g) based upon the evaluation, include in the report recommendations that identify viable alternatives to: (i) make the lease cost-effective; or(ii) meet the leasing agency's needs when the lease expires; and(h) upon request, provide the information included in the report to:(i) the leasing agency benefitted by the lease; and(ii) the Office of the Legislative Fiscal Analyst.(2) The director may:(a) subject to legislative appropriation, enter into a facility lease with a term of up to 10 years if the length of the lease's term is economically advantageous to the state; and(b) subject to legislative appropriation, enter into a facility lease with a term of more than 10 years if the length of the lease's term is economically advantageous to the state.Amended by Chapter 421, 2022 General Session ,§ 24, eff. 5/4/2022.Renumbered from § 63A-5-302 and amended by Chapter 152, 2020 General Session ,§ 49, eff. 5/12/2020.Amended by Chapter 347, 2012 General Session ,§ 60, eff. 5/1/2013.Amended by Chapter 324, 2010 General Session