Colorado 2025 Regular Session

Colorado House Bill HB1313 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0870.01 Megan McCall x4215
8	8		HOUSE BILL 25-1313
9	9		House Committees Senate Committees
10	10		State, Civic, Military, & Veterans Affairs
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING MODIFICATIONS TO CE RTAIN LAWS THAT ARE WITHIN101
14	14		THE PURVIEW OF THE CAPITAL DEVELOPMENT COMMITTEE .102
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov/
21	21		.)
22	22		Capital Development Committee. Section 1 of the bill modifies
23	23		procedures for election of a chair and a vice-chair of the capital
24	24		development committee (CDC) to require that the chair and the vice-chair
25	25		be elected annually at the CDC's first December meeting. Additionally,
26	26		the bill clarifies how the role of chair and vice-chair are served. In
27	27		even-numbered years, the chair is a member from the senate and the
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	April 21, 2025
31		-	HOUSE
32	29		Amended 2nd Reading
33	30		April 17, 2025
34	31		HOUSE SPONSORSHIP
35		-	Story and Lindsay, Winter T.~~, Garcia~~
	32	+	Story and Lindsay, Winter T.
36	33		SENATE SPONSORSHIP
37	34		Mullica and Hinrichsen,
38	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
39	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
40	37		Dashes through the words or numbers indicate deletions from existing law. vice-chair is a member from the house of representatives and in
41	38		odd-numbered years the chair is a member from the house of
42	39		representatives and the vice-chair is a member from the senate.
43	40		Section 2 removes the requirement that the transportation
44	41		commission annually submit capital requests to the CDC.
45	42		Current law requires the Colorado commission on higher education
46	43		(commission) to request annually from the governing board of each state
47	44		institution of higher education (institution) a 2-year projection of certain
48	45		capital construction projects to be undertaken by an institution which is
49	46		then submitted to the CDC for review and approval. Section 3 adjusts law
50	47		to align with current practice by:
51	48		! Requiring that projections be reviewed at the commission's
52	49		next available meeting;
53	50		! Repealing the requirement that an institution amend the
54	51		projection prior to commencing a project if the project is
55	52		not in the institution's most recent projection;
56	53		! Repealing the requirement that the commission annually
57	54		prepare a unified, 2-year report for capital construction or
58	55		capital renewal projects acquired or constructed and
59	56		operated and maintained solely using cash funds held by an
60	57		institution that are not for new acquisitions of real property
61	58		or new construction and are estimated to require total
62	59		project expenditures exceeding $10 million;
63	60		! Repealing the requirement that the commission annually
64	61		prepare a unified, 2-year report for capital construction
65	62		projects for new acquisitions of real property or for new
66	63		construction that are estimated to require total project
67	64		expenditures exceeding $2 million;
68	65		! Clarifying deadlines for the CDC to hold a hearing to
69	66		review projections;
70	67		! Repealing the requirement that the CDC hold a hearing
71	68		regarding projections whenever a projection is amended;
72	69		and
73	70		! Repealing the requirement that the CDC review and
74	71		approve guidelines prepared by the office of the state
75	72		architect regarding the classification of facilities as
76	73		academic facilities or auxiliary facilities.
77	74		Section 4 extends the deadline for the state treasurer's office to
78	75		submit to the CDC and other agencies its annual report on the fiscal
79	76		health of institutions from September 1 to March 1 of each year,
80	77		beginning with the report that is due for the 2025-26 fiscal year.
81	78		Section 5 specifies November 1 of each year as a date certain by
82	79		which agencies and institutions must encumber money for their capital
83	80		construction projects. Under current law, if an agency or institution will
84	81		not encumber money for its capital construction project within the period
85	82		1313
86	83		-2- specified, it may request that the CDC recommend to the controller that
87	84		the deadline be waived for that project. Section 5 modifies this allowance
88	85		so that an agency or institution may request that the CDC recommend that
89	86		the deadline be extended for a 6-month period.
90	87		Section 6 adjusts law to align with current practice by changing
91	88		the date from January 1, which is always a holiday, to January 2 for the
92	89		office of state planning and budgeting to submit to the CDC its updates
93	90		to its recommended priority of funding for capital construction projects
94	91		as part of the November 1 budget package.
95	92		Section 7 clarifies that any capital construction project that the
96	93		CDC, in consultation with the council on creative industries, agrees does
97	94		not meet the original purpose of the art in public places program may be
98	95		exempt from the requirements of the program.
99	96		Section 8 clarifies that when a capital construction project receives
100	97		a supplemental appropriation, it is available for the remainder of the state
101	98		fiscal year for which the supplemental appropriation act was enacted and
102	99		for the next 2 subsequent state fiscal years.
103	100		Be it enacted by the General Assembly of the State of Colorado:1
104	101		SECTION 1. In Colorado Revised Statutes, 2-3-1302, amend2
105	102		(1.5) and (2) as follows:3
106	103		2-3-1302. Capital development committee established. (1.5) In4
107	104		order to expedite the work of the capital development committee,5
108	105		appointees may APPOINTMENTS TO THE COMMITTEE SHALL be designated6
109	106		after the general election MADE NO LATER THAN DECEMBER 1 prior to the7
110	107		convening of the general assembly at which such committee is to serve,8
111	108		whether such appointees are members of the current general assembly or9
112	109		members-elect of the next general assembly, or both. Such appointees10
113	110		have all the powers and duties and are entitled to the same compensation11
114	111		and expense allowance as members duly appointed under the provisions12
115	112		of subsection (1) of this section.13
116	113		(2) The capital development committee shall elect a chair and a14
117	114		vice-chair at the first meeting held on or after October 15 in each15
118	115		odd-numbered year and at the first December meeting held after the16
119	116		1313-3- general election in each even-numbered EACH year. The chair and1
120	117		vice-chair appointments must alternate between a member from the house2
121	118		of representatives and a member from the senate with the first chair being3
122	119		from the senate and the first vice-chair being from the house of4
123	120		representatives
124	121		IN EVEN-NUMBERED YEARS AND WITH THE CHAIR BEING5
125	122		FROM THE HOUSE OF REPRESENTATIVES AND THE VICE -CHAIR BEING FROM6
126	123		THE SENATE IN ODD-NUMBERED YEARS. The person serving as chair, or a
127	124		7
128	125		member of the same house if such person is no longer a member thereof,8
129	126		shall serve as vice-chair during the next legislative session, and the person9
130	127		serving as vice-chair, or a member of the same house if such person is no10
131	128		longer a member thereof, shall serve as chair during the next legislative11
132	129		session.12
133	130		SECTION 2. In Colorado Revised Statutes, 2-3-1304, amend13
134	131		(1)(a.5) as follows:14
135	132		2-3-1304. Powers and duties of capital development15
136	133		committee. (1) The capital development committee has the following16
137	134		powers and duties:17
138	135		(a.5) To study the request from ANY REQUESTS SUBMITTED BY the18
139	136		transportation commission for state highway reconstruction, repair, and19
140	137		maintenance projects to be funded from money transferred to the capital20
141	138		construction fund pursuant to section 24-75-302 (2), C.R.S., specifically21
142	139		for such purpose. On or before October 1 of each year, the transportation22
143	140		commission shall MAY submit its request, based on the statewide23
144	141		transportation improvement programs, with a prioritized list of24
145	142		recommended state highway reconstruction, repair, and maintenance25
146	143		projects with the priority of projects on the list determined on the basis of26
147	144		greatest need without regard to location in the state. I
148	145		F THE27
149	146		1313
150	147		-4- TRANSPORTATION COMMISSION SUBMITS A REQUEST , the capital1
151	148		development committee shall determine
152	149		FROM THE SUBMITTED REQUEST2
153	150		the number of projects on the list that may be funded from money3
154	151		available in the capital construction fund for state highway reconstruction,4
155	152		repair, or maintenance projects. Only projects on the list may be funded5
156	153		from money available in the capital construction fund for state highway6
157	154		reconstruction, repair, or maintenance projects, and the projects must be7
158	155		funded in the priority determined by the transportation commission;8
159	156		except that, if a project on the list cannot be funded because an alternative9
160	157		source of funding for the project has become available, a court order has10
161	158		enjoined the project, or an act of God has made the project construction11
162	159		unfeasible, the transportation commission shall submit the next phase of12
163	160		that project or the next project on that regional priority list to the capital13
164	161		development committee for approval as an addition to the list in lieu of14
165	162		the project that cannot be funded. No substitute project submitted by the15
166	163		transportation commission from the regional priority list shall be16
167	164		approved by the capital development committee if funding said project17
168	165		would result in the delay of any other project on the list. Upon approval18
169	166		of an amended list, the department of transportation shall provide a copy19
170	167		of the amended list to the members of the joint budget committee, the20
171	168		transportation,
172	169		HOUSING, and energy
173	170		LOCAL GOVERNMENT committee in21
174	171		the house of representatives, and the transportation
175	172		AND ENERGY22
176	173		committee in the senate,
177	174		OR ANY SUCCESSOR COMMITTEES . Projects on the23
178	175		list submitted by the transportation commission by October 1 or on an24
179	176		amended list submitted as provided in this paragraph (a.5)
180	177		SUBSECTION25
181	178		(1)(a.5) may be funded from money transferred to the capital construction26
182	179		fund and available in the current fiscal year or money to be transferred to27
183	180		1313
184	181		-5- the capital construction fund for the fiscal year beginning the following1
185	182		July 1.2
186	183		SECTION 3. In Colorado Revised Statutes, 23-1-106, amend3
187	184		(6)(b), (7)(c), (9)(a), (9)(b), and (10.2)(b)(I) introductory portion; and4
188	185		repeal (9)(e) as follows:5
189	186		23-1-106. Duties and powers of the commission with respect6
190	187		to capital construction and long-range planning - report - legislative7
191	188		declaration - definitions. (6) (b) The commission shall request annually8
192	189		from the governing board of each state institution of higher education a9
193	190		REVIEW, AT ITS NEXT AVAILABLE MEETING, ANY two-year projection of10
194	191		capital construction projects
195	192		SUBMITTED BY A STATE INSTITUTION OF11
196	193		HIGHER EDUCATION to be undertaken pursuant to subsection (9) of this12
197	194		section and estimated to require total project expenditures exceeding two13
198	195		million dollars if the capital construction project is for new acquisitions14
199	196		of real property or new construction and funded solely from cash funds15
200	197		held by the institution or the project is funded through the higher16
201	198		education revenue bond intercept program established pursuant to section17
202	199		23-5-139, or exceeding ten million dollars if the project is not for new18
203	200		acquisitions of real property or new construction and is funded solely19
204	201		from cash funds held by the institution. The projection must include the20
205	202		estimated cost, the method of funding, and a schedule for project21
206	203		completion for each project. A state institution of higher education shall
207	204		22
208	205		amend the projection prior to commencing a project that is not included23
209	206		in the institution's most recent projection. 24
210	207		(7) (c) (I) (A) The commission annually shall prepare a unified,25
211	208		two-year report for capital construction or capital renewal projects26
212	209		described in subsection (9) of this section that are not for new27
213	210		1313
214	211		-6- acquisitions of real property or new construction and are estimated to1
215	212		require total project expenditures exceeding ten million dollars,2
216	213		coordinated with education plans. The commission shall transmit the3
217	214		report to the office of state planning and budgeting, the governor, the4
218	215		capital development committee, and the joint budget committee,5
219	216		consistent with the executive budget timetable.6
220	217		(B) The commission annually shall prepare a unified, two-year7
221	218		report for capital construction projects for new acquisitions of real8
222	219		property or for new construction, estimated to require total project9
223	220		expenditures exceeding two million dollars, coordinated with education10
224	221		plans. The commission shall transmit the report to the office of state11
225	222		planning and budgeting, the governor, the capital development12
226	223		committee, and the joint budget committee, consistent with the executive13
227	224		budget timetable.14
228	225		(II) (A) The commission shall submit the two-year projections15
229	226		prepared by each state institution INSTITUTIONS of higher education for16
230	227		each two-year period to the office of state planning and budgeting and the17
231	228		capital development committee. The capital development committee shall18
232	229		conduct a hearing in each regular legislative session on the projections19
233	230		WITHIN THIRTY DAYS AFTER SUBMISSION DURING A REGULAR LEGISLATIVE20
234	231		SESSION OF THE GENERAL ASSEMBLY OR WITHIN FORTY -FIVE DAYS AFTER21
235	232		SUBMISSION DURING ANY PERIOD THAT THE GENERAL ASSEMBLY IS NOT IN22
236	233		REGULAR LEGISLATIVE SESSION and either approve the projections or23
237	234		return the projections to the state institution of higher education for24
238	235		modification. The commission and the office of state planning and25
239	236		budgeting shall provide the capital development committee with26
240	237		comments concerning each projection.27
241	238		1313
242	239		-7- (B) A state institution of higher education may submit to the staff1
243	240		of the capital development committee, the commission, and the office of2
244	241		state planning and budgeting an amendment to its approved two-year3
245	242		projection. The capital development committee shall conduct a hearing4
246	243		on the amendment within thirty days after submission during a regular5
247	244		legislative session of the general assembly or within forty-five days after6
248	245		submission during any period that the general assembly is not in regular7
249	246		legislative session. The capital development committee shall either8
250	247		approve the projections or return the projections to the state institution of9
251	248		higher education for modification. The commission and the office of state10
252	249		planning and budgeting shall provide the capital development committee11
253	250		with comments concerning each amendment.12
254	251		(9) (a) Except as provided in paragraph (d) of this subsection (9)13
255	252		SUBSECTION (9)(d) OF THIS SECTION, a capital construction or capital14
256	253		renewal project for an auxiliary facility initiated by the governing board15
257	254		of a state institution of higher education that is contained in the most16
258	255		recent two-year projection approved pursuant to subparagraph (II) of17
259	256		paragraph (c) of subsection (7) of this section, as the projection may be18
260	257		amended from time to time HAS BEEN APPROVED BY THE CAPITAL19
261	258		DEVELOPMENT COMMITTEE AS PART OF A TWO -YEAR PROJECTION WITHIN20
262	259		THE LAST TWO CALENDAR YEARS , and that is to be acquired or constructed21
263	260		and operated and maintained solely from cash funds held by the22
264	261		institution, is not subject to additional review or approval by the23
265	262		commission, the office of state planning and budgeting, the capital24
266	263		development committee, or the joint budget committee; except that, if the25
267	264		capital construction or capital renewal project for an auxiliary facility is26
268	265		to be acquired or constructed in whole or in part using moneys MONEY27
269	266		1313
270	267		-8- subject to the higher education revenue bond intercept program1
271	268		established pursuant to section 23-5-139, then the governing board of a2
272	269		state institution of higher education must obtain approval from the general3
273	270		assembly as specified in that section. 4
274	271		(b) Except as provided in paragraph (d) of this subsection (9)5
275	272		SUBSECTION (9)(d) OF THIS SECTION, a capital construction or capital6
276	273		renewal project for an academic facility initiated by the governing board7
277	274		of a state institution of higher education that is contained in the most8
278	275		recent two-year projection approved pursuant to subparagraph (II) of9
279	276		paragraph (c) of subsection (7) of this section, as the projection may be10
280	277		amended from time to time HAS BEEN APPROVED BY THE CAPITAL11
281	278		DEVELOPMENT COMMITTEE AS PART OF A TWO -YEAR PROJECTION WITHIN12
282	279		THE LAST TWO CALENDAR YEARS , and that is to be acquired or constructed13
283	280		solely from cash funds held by the institution and operated and14
284	281		maintained from such funds or from state moneys MONEY appropriated15
285	282		for such purpose, or both, is not subject to additional review or approval16
286	283		by the commission, the office of state planning and budgeting, the capital17
287	284		development committee, or the joint budget committee; except that, if the18
288	285		capital construction or capital renewal project for an academic facility is19
289	286		to be acquired or constructed in whole or in part using moneys MONEY20
290	287		subject to the higher education revenue bond intercept program21
291	288		established pursuant to section 23-5-139, then the governing board of a22
292	289		state institution of higher education must obtain approval from the general23
293	290		assembly as specified in that section. Any capital construction or capital24
294	291		renewal project subject to this paragraph (b) SUBSECTION (9)(b) must25
295	292		comply with the high performance standard certification program26
296	293		established pursuant to section 24-30-1305.5. C.R.S. 27
297	294		1313
298	295		-9- (e) A capital construction or acquisition project approved and1
299	296		appropriated prior to January 1, 2010, may be contained in the most2
300	297		recent unified two-year capital improvements project projection approved3
301	298		pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this4
302	299		section. The projection may be amended from time to time and is not5
303	300		subject to additional review or approval by the commission, the office of6
304	301		state planning and budgeting, the capital development committee, or the7
305	302		joint budget committee.8
306	303		(10.2) (b) (I) The general assembly hereby finds, determines, and9
307	304		declares that the classification of facilities as academic facilities or10
308	305		auxiliary facilities can be difficult, and such classifications often change11
309	306		as academic needs, student needs, and new construction and design12
310	307		practices emerge. Therefore, the office of the state architect, in13
311	308		collaboration with the department of higher education and the office of14
312	309		state planning and budgeting, shall develop guidelines in order to assist15
313	310		such classification. The guidelines shall be annually reviewed and16
314	311		approved by the capital development committee. The guidelines must17
315	312		address the following two factors that have historically been considered18
316	313		when classifying academic facilities and auxiliary facilities:19
317	314		SECTION 4. In Colorado Revised Statutes, 23-5-139, amend20
318	315		(1)(d)(I) introductory portion as follows:21
319	316		23-5-139. Higher education revenue bond intercept program22
320	317		- definitions. (1) (d) (I) No later than September 1, 2016, and each23
321	318		September 1 thereafter
322	319		UNTIL THE REPORT THAT IS DUE FOR STATE FISCAL24
323	320		YEAR 2025-26 WHICH IS DUE NO LATER THAN MARCH 1, 2026, AND EACH25
324	321		M
325	322		ARCH 1 THEREAFTER FOR SUBSEQUENT REPORTS , the state treasurer shall26
326	323		provide the capital development committee, the joint budget committee,27
327	324		1313
328	325		-10- the Colorado commission on higher education, and the office of state1
329	326		planning and budgeting with a report that includes:2
330	327		SECTION 5. In Colorado Revised Statutes, 24-30-1404, amend3
331	328		(7)(a), (7)(b), (7)(c) introductory portion, (7)(e), and (7)(f); repeal (7)(g)4
332	329		and (7)(h); and add (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) as5
333	330		follows:6
334	331		24-30-1404. Contracts - definition. (7) (a) Except as provided7
335	332		in subsections (7)(b), (7)(c), (7)(e),
336	333		AND (7)(f) (7)(g), and (7)(h)
337	334		of this8
338	335		section, any professional services contract entered into pursuant to the9
339	336		provisions of this part 14 shall MUST be executed and encumbered10
340	337		within six months after the date on which the appropriation that11
341	338		includes the project for which the professional services are required12
342	339		becomes law OR ON OR BEFORE NOVEMBER 1 OF THE STATE FISCAL YEAR13
343	340		FOR WHICH THE APPROPRIATION THAT INCLUDES THE PROJECT FOR WHICH14
344	341		THE PROFESSIONAL SERVICES ARE REQUIRED IS AUTHORIZED, WHICHEVER15
345	342		IS LATER. If no professional services contract is required for a particular16
346	343		project, the contract with the contractor for the project shall MUST be17
347	344		entered into within six months after the appropriation OR ON OR BEFORE18
348	345		NOVEMBER 1 OF THE STATE FISCAL YEAR FOR WHICH THE APPROPRIATION19
349	346		IS AUTHORIZED, WHICHEVER IS LATER. If a state agency or state institution20
350	347		of higher education determines that the nature of a particular project is21
351	348		such that the deadlines imposed by this section cannot be met, the state22
352	349		agency or state institution of higher education may request the capital23
353	350		development committee to recommend to the controller that the deadline24
354	351		be waived EXTENDED for that project; EXCEPT THAT FOR FEE TITLE25
355	352		ACQUISITIONS BY THE DIVISION OF PARKS AND WILDLIFE IN THE26
356	353		DEPARTMENT OF NATURAL RESOURCES, THE DEADLINE MAY BE WAIVED.27
357	354		1313
358	355		-11- The controller, in consultation with the capital development committee1
359	356		may grant a waiver from AN EXTENSION OF the deadlines OR A WAIVER, IF2
360	357		APPLICABLE. This subsection (7) shall not apply to projects under the3
361	358		supervision of the department of transportation. This subsection (7) shall4
362	359		not affect any priority established pursuant to section 44-40-111 (11) in5
363	360		the general appropriation act for expenditures for projects to be financed6
364	361		from net lottery proceeds appropriated for capital construction. AN7
365	362		EXTENSION THAT IS RECOMMENDED OR GRANTED PURSUANT TO THIS8
366	363		SUBSECTION (7)(a) SHALL NOT EXCEED SIX MONTHS . 9
367	364		(b) (I) The deadlines established in paragraph (a) of this10
368	365		subsection (7) shall apply to THIS SUBSECTION (7) DOES NOT AFFECT ANY11
369	366		PRIORITY ESTABLISHED PURSUANT TO SECTION 44-40-111 (11) IN THE12
370	367		GENERAL APPROPRIATION ACT FOR EXPENDITURES FOR PROJECTS TO BE13
371	368		FINANCED FROM NET LOTTERY PROCEEDS APPROPRIATED FOR CAPITAL14
372	369		CONSTRUCTION.15
373	370		(II) F
374	371		OR projects funded with net lottery proceeds, but the
375	372		16
376	373		six-month period shall begin to run only ANY PROFESSIONAL SERVICES17
377	374		CONTRACT MUST BE EXECUTED AND ENCUMBERED AND ANY CONTRACT18
378	375		WITH THE CONTRACTOR MUST BE ENTERED INTO WITHIN SIX MONTHS OF19
379	376		when an agency receives a distribution from such proceeds for a20
380	377		particular project.21
381	378		(c) This subsection (7) shall DOES not apply to:22
382	379		(V) P
383	380		ROJECTS UNDER THE SUPERVISION OF THE DEPARTMENT OF23
384	381		TRANSPORTATION;24
385	382		(VI) A
386	383		CAPITAL CONSTRUCTION PROJECT AT A STATE INSTITUTION25
387	384		OF HIGHER EDUCATION THAT IS TO BE CONSTRUCTED SOLELY WITH CASH26
388	385		FUNDS HELD BY THE INSTITUTION, FEDERAL FUNDS MADE AVAILABLE FOR27
389	386		1313
390	387		-12- THE PROJECT, OR A COMBINATION OF BOTH;1
391	388		(VII) T
392	389		HE STATE BOARD OF LAND COMMISSIONERS , ESTABLISHED2
393	390		IN ARTICLE 1 OF TITLE 36, IN CONNECTION WITH CONTRACT EXPENDITURES3
394	391		FROM THE STATE BOARD OF LAND COMMISSIONERS INVESTMENT AND4
395	392		DEVELOPMENT FUND CREATED IN SECTION 36-1-153, OR THE COMMERCIAL5
396	393		REAL PROPERTY OPERATING FUND CREATED IN SECTION 36-1-153.7; OR6
397	394		(VIII) I
398	395		NFORMATION TECHNOLOGY PROJECTS THAT ARE OVERSEEN7
399	396		BY THE JOINT TECHNOLOGY COMMI TTEE PURSUANT TO PART 17 OF ARTICLE8
400	397		3
401	398		OF TITLE 2. AS USED IN THIS SUBSECTION (7)(c)(VIII), "INFORMATION9
402	399		TECHNOLOGY" HAS THE SAME MEANING AS SET FORTH IN SECTION10
403	400		2-3-1701
404	401		(7).11
405	402		(e) In the event that the governor restricts or delays the12
406	403		expenditure of moneys
407	404		MONEY for a project for which a professional13
408	405		services contract is required pursuant to the authority granted
409	406		TO the14
410	407		governor in section 24-75-201.5, the running of the six-month deadline
411	408		15
412	409		DEADLINES imposed in paragraph (a) of this subsection (7) SUBSECTION16
413	410		(7)(a)
414	411		OF THIS SECTION for such projects shall be tolled until such time as17
415	412		the restriction or delay is no longer in effect,
416	413		AT WHICH TIME THE18
417	414		PROFESSIONAL SERVICES CONTRACT MUST BE EXECUTED AND19
418	415		ENCUMBERED AND ANY CONTRACT WITH THE CONTRACTOR MUST BE20
419	416		ENTERED INTO WITHIN SIX MONTHS.21
420	417		(f) In the event that an appropriation is made to a state agency or22
421	418		state institution of higher education for allocation to other state agencies23
422	419		or state institutions of higher education, the six-month period applies
423	420		24
424	421		DEADLINE to the execution and encumbrance of EXECUTE AND ENCUMBER25
425	422		a contract by the agency or institution receiving the allocation and begins26
426	423		to run IS SIX MONTHS from the date of the allocation by the agency or27
427	424		1313
428	425		-13- institution that received the original appropriation. Nothing in this1
429	426		paragraph (f) shall be SUBSECTION (7)(f) IS construed to extend the2
430	427		duration of any appropriation.3
431	428		(g) This subsection (7) shall not apply to:4
432	429		(I) A capital construction project at a state institution of higher5
433	430		education that is to be constructed solely from cash funds held by the6
434	431		institution or federal funds made available for the project or a7
435	432		combination of the cash funds and the federal funds; or8
436	433		(II) The state board of land commissioners, established in article9
437	434		1 of title 36, C.R.S., in connection with contract expenditures from the10
438	435		state board of land commissioners investment and development fund11
439	436		created in section 36-1-153, C.R.S., or the commercial real property12
440	437		operating fund created in section 36-1-153.7, C.R.S.13
441	438		(h) The six-month deadline imposed by subsection (7)(a) of this14
442	439		section does not apply to information technology projects that are15
443	440		overseen by the joint technology committee pursuant to part 17 of article16
444	441		3 of title 2. As used in this subsection (7)(h), "information technology"17
445	442		has the meaning provided in section 2-3-1701 (7).18
446	443		SECTION 6. In Colorado Revised Statutes, 24-37-304, amend19
447	444		(1)(c.3)(III) as follows:20
448	445		24-37-304. Additional budgeting responsibilities. (1) In21
449	446		addition to the responsibilities enumerated in section 24-37-302, the22
450	447		office of state planning and budgeting shall:23
451	448		(c.3) (III) The office may modify the recommended priority of24
452	449		funding of capital construction or capital renewal projects of each state25
453	450		agency and state institution of higher education for the upcoming fiscal26
454	451		year no later than the January 1 JANUARY 2 of the year following the27
455	452		1313
456	453		-14- original submission described in sub-subparagraph (C) of subparagraph1
457	454		(I) of this paragraph (c.3) SUBSECTION (1)(c.3)(I)(C) OF THIS SECTION.2
458	455		SECTION 7. In Colorado Revised Statutes, 24-48.5-312, amend3
459	456		(3)(a)(III)(H) as follows:4
460	457		24-48.5-312. Art in public places program - allocations from5
461	458		capital construction costs - guidelines - fund created - definitions.6
462	459		(3) (a) (III) The requirements specified in this subsection (3)(a) do not7
463	460		apply to:8
464	461		(H) Any capital construction projects that the capital development9
465	462		committee, in consultation with the council, agrees do not meet the10
466	463		original purpose of the requirement specified in this paragraph (a), and11
467	464		determines by affirmative vote that the project meets one of the12
468	465		exceptions allowed in sub-subparagraphs (A) to (G) of this subparagraph13
469	466		(III) SUBSECTION (3)(a)(I) OR (3)(a)(II) OF THIS SECTION.14
470	467		SECTION 8. In Colorado Revised Statutes, 24-75-303, amend15
471	468		(5)(a)(II) as follows:16
472	469		24-75-303. Appropriation for capital construction.17
473	470		(5) (a) Except for an appropriation for a financed purchase of an asset or18
474	471		certificate of participation payment, except as provided in subsection19
475	472		(5)(b) of this section, and unless otherwise noted in a footnote in an20
476	473		appropriation act, an appropriation for a capital construction budget item21
477	474		or an information technology capital project, including capital22
478	475		construction, controlled maintenance, or capital renewal projects, as such23
479	476		terms are defined in section 24-30-1301, included in:24
480	477		(II) A supplemental appropriation act authorized or required by25
481	478		section 2-3-208, 24-37-304, 24-75-111 (5), or 24-75-111.5 (5) is available26
482	479		for expenditure upon enactment of the supplemental appropriation act and27
483	480		1313
484	481		-15- remains available for expenditure or encumbrance for three THE1
485	482		REMAINDER OF THE FISCAL YEAR DURING WHICH THE SUPPLEMENTAL2
486	483		APPROPRIATION ACT WAS ENACTED AND FOR THE NEXT TWO full fiscal3
487	484		years commencing with the fiscal year during which the supplemental4
488	485		appropriation act was enacted THEREAFTER, or until the project is5
489	486		completed, whichever is first; except that expenditures and nonmonetary6
490	487		adjustments allowed under section 24-75-111 or 24-75-111.5 are7
491	488		available for expenditure as specified in such sections. 8
492	489		SECTION 9. Act subject to petition - effective date. This act9
493	490		takes effect at 12:01 a.m. on the day following the expiration of the10
494	491		ninety-day period after final adjournment of the general assembly; except11
495	492		that, if a referendum petition is filed pursuant to section 1 (3) of article V12
496	493		of the state constitution against this act or an item, section, or part of this13
497	494		act within such period, then the act, item, section, or part will not take14
498	495		effect unless approved by the people at the general election to be held in15
499	496		November 2026 and, in such case, will take effect on the date of the16
500	497		official declaration of the vote thereon by the governor.17
501	498		1313
502	499		-16-