(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.
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