First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0870.01 Megan McCall x4215 HOUSE BILL 25-1313 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING MODIFICATIONS TO CE RTAIN LAWS THAT ARE WITHIN101 THE PURVIEW OF THE CAPITAL DEVELOPMENT COMMITTEE .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Capital Development Committee. Section 1 of the bill modifies procedures for election of a chair and a vice-chair of the capital development committee (CDC) to require that the chair and the vice-chair be elected annually at the CDC's first December meeting. Additionally, the bill clarifies how the role of chair and vice-chair are served. In even-numbered years, the chair is a member from the senate and the HOUSE 3rd Reading Unamended April 21, 2025 HOUSE Amended 2nd Reading April 17, 2025 HOUSE SPONSORSHIP Story and Lindsay, Winter T., Garcia SENATE SPONSORSHIP Mullica and Hinrichsen, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. vice-chair is a member from the house of representatives and in odd-numbered years the chair is a member from the house of representatives and the vice-chair is a member from the senate. Section 2 removes the requirement that the transportation commission annually submit capital requests to the CDC. Current law requires the Colorado commission on higher education (commission) to request annually from the governing board of each state institution of higher education (institution) a 2-year projection of certain capital construction projects to be undertaken by an institution which is then submitted to the CDC for review and approval. Section 3 adjusts law to align with current practice by: ! Requiring that projections be reviewed at the commission's next available meeting; ! Repealing the requirement that an institution amend the projection prior to commencing a project if the project is not in the institution's most recent projection; ! Repealing the requirement that the commission annually prepare a unified, 2-year report for capital construction or capital renewal projects acquired or constructed and operated and maintained solely using cash funds held by an institution that are not for new acquisitions of real property or new construction and are estimated to require total project expenditures exceeding $10 million; ! Repealing the requirement that the commission annually prepare a unified, 2-year report for capital construction projects for new acquisitions of real property or for new construction that are estimated to require total project expenditures exceeding $2 million; ! Clarifying deadlines for the CDC to hold a hearing to review projections; ! Repealing the requirement that the CDC hold a hearing regarding projections whenever a projection is amended; and ! Repealing the requirement that the CDC review and approve guidelines prepared by the office of the state architect regarding the classification of facilities as academic facilities or auxiliary facilities. Section 4 extends the deadline for the state treasurer's office to submit to the CDC and other agencies its annual report on the fiscal health of institutions from September 1 to March 1 of each year, beginning with the report that is due for the 2025-26 fiscal year. Section 5 specifies November 1 of each year as a date certain by which agencies and institutions must encumber money for their capital construction projects. Under current law, if an agency or institution will not encumber money for its capital construction project within the period 1313 -2- specified, it may request that the CDC recommend to the controller that the deadline be waived for that project. Section 5 modifies this allowance so that an agency or institution may request that the CDC recommend that the deadline be extended for a 6-month period. Section 6 adjusts law to align with current practice by changing the date from January 1, which is always a holiday, to January 2 for the office of state planning and budgeting to submit to the CDC its updates to its recommended priority of funding for capital construction projects as part of the November 1 budget package. Section 7 clarifies that any capital construction project that the CDC, in consultation with the council on creative industries, agrees does not meet the original purpose of the art in public places program may be exempt from the requirements of the program. Section 8 clarifies that when a capital construction project receives a supplemental appropriation, it is available for the remainder of the state fiscal year for which the supplemental appropriation act was enacted and for the next 2 subsequent state fiscal years. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 2-3-1302, amend2 (1.5) and (2) as follows:3 2-3-1302. Capital development committee established. (1.5) In4 order to expedite the work of the capital development committee,5 appointees may APPOINTMENTS TO THE COMMITTEE SHALL be designated6 after the general election MADE NO LATER THAN DECEMBER 1 prior to the7 convening of the general assembly at which such committee is to serve,8 whether such appointees are members of the current general assembly or9 members-elect of the next general assembly, or both. Such appointees10 have all the powers and duties and are entitled to the same compensation11 and expense allowance as members duly appointed under the provisions12 of subsection (1) of this section.13 (2) The capital development committee shall elect a chair and a14 vice-chair at the first meeting held on or after October 15 in each15 odd-numbered year and at the first December meeting held after the16 1313-3- general election in each even-numbered EACH year. The chair and1 vice-chair appointments must alternate between a member from the house2 of representatives and a member from the senate with the first chair being3 from the senate and the first vice-chair being from the house of4 representatives IN EVEN-NUMBERED YEARS AND WITH THE CHAIR BEING5 FROM THE HOUSE OF REPRESENTATIVES AND THE VICE -CHAIR BEING FROM6 THE SENATE IN ODD-NUMBERED YEARS. The person serving as chair, or a 7 member of the same house if such person is no longer a member thereof,8 shall serve as vice-chair during the next legislative session, and the person9 serving as vice-chair, or a member of the same house if such person is no10 longer a member thereof, shall serve as chair during the next legislative11 session.12 SECTION 2. In Colorado Revised Statutes, 2-3-1304, amend13 (1)(a.5) as follows:14 2-3-1304. Powers and duties of capital development15 committee. (1) The capital development committee has the following16 powers and duties:17 (a.5) To study the request from ANY REQUESTS SUBMITTED BY the18 transportation commission for state highway reconstruction, repair, and19 maintenance projects to be funded from money transferred to the capital20 construction fund pursuant to section 24-75-302 (2), C.R.S., specifically21 for such purpose. On or before October 1 of each year, the transportation22 commission shall MAY submit its request, based on the statewide23 transportation improvement programs, with a prioritized list of24 recommended state highway reconstruction, repair, and maintenance25 projects with the priority of projects on the list determined on the basis of26 greatest need without regard to location in the state. I F THE27 1313 -4- TRANSPORTATION COMMISSION SUBMITS A REQUEST , the capital1 development committee shall determine FROM THE SUBMITTED REQUEST2 the number of projects on the list that may be funded from money3 available in the capital construction fund for state highway reconstruction,4 repair, or maintenance projects. Only projects on the list may be funded5 from money available in the capital construction fund for state highway6 reconstruction, repair, or maintenance projects, and the projects must be7 funded in the priority determined by the transportation commission;8 except that, if a project on the list cannot be funded because an alternative9 source of funding for the project has become available, a court order has10 enjoined the project, or an act of God has made the project construction11 unfeasible, the transportation commission shall submit the next phase of12 that project or the next project on that regional priority list to the capital13 development committee for approval as an addition to the list in lieu of14 the project that cannot be funded. No substitute project submitted by the15 transportation commission from the regional priority list shall be16 approved by the capital development committee if funding said project17 would result in the delay of any other project on the list. Upon approval18 of an amended list, the department of transportation shall provide a copy19 of the amended list to the members of the joint budget committee, the20 transportation, HOUSING, and energy LOCAL GOVERNMENT committee in21 the house of representatives, and the transportation AND ENERGY22 committee in the senate, OR ANY SUCCESSOR COMMITTEES . Projects on the23 list submitted by the transportation commission by October 1 or on an24 amended list submitted as provided in this paragraph (a.5) SUBSECTION25 (1)(a.5) may be funded from money transferred to the capital construction26 fund and available in the current fiscal year or money to be transferred to27 1313 -5- the capital construction fund for the fiscal year beginning the following1 July 1.2 SECTION 3. In Colorado Revised Statutes, 23-1-106, amend3 (6)(b), (7)(c), (9)(a), (9)(b), and (10.2)(b)(I) introductory portion; and4 repeal (9)(e) as follows:5 23-1-106. Duties and powers of the commission with respect6 to capital construction and long-range planning - report - legislative7 declaration - definitions. (6) (b) The commission shall request annually8 from the governing board of each state institution of higher education a9 REVIEW, AT ITS NEXT AVAILABLE MEETING, ANY two-year projection of10 capital construction projects SUBMITTED BY A STATE INSTITUTION OF11 HIGHER EDUCATION to be undertaken pursuant to subsection (9) of this12 section and estimated to require total project expenditures exceeding two13 million dollars if the capital construction project is for new acquisitions14 of real property or new construction and funded solely from cash funds15 held by the institution or the project is funded through the higher16 education revenue bond intercept program established pursuant to section17 23-5-139, or exceeding ten million dollars if the project is not for new18 acquisitions of real property or new construction and is funded solely19 from cash funds held by the institution. The projection must include the20 estimated cost, the method of funding, and a schedule for project21 completion for each project. A state institution of higher education shall 22 amend the projection prior to commencing a project that is not included23 in the institution's most recent projection. 24 (7) (c) (I) (A) The commission annually shall prepare a unified,25 two-year report for capital construction or capital renewal projects26 described in subsection (9) of this section that are not for new27 1313 -6- acquisitions of real property or new construction and are estimated to1 require total project expenditures exceeding ten million dollars,2 coordinated with education plans. The commission shall transmit the3 report to the office of state planning and budgeting, the governor, the4 capital development committee, and the joint budget committee,5 consistent with the executive budget timetable.6 (B) The commission annually shall prepare a unified, two-year7 report for capital construction projects for new acquisitions of real8 property or for new construction, estimated to require total project9 expenditures exceeding two million dollars, coordinated with education10 plans. The commission shall transmit the report to the office of state11 planning and budgeting, the governor, the capital development12 committee, and the joint budget committee, consistent with the executive13 budget timetable.14 (II) (A) The commission shall submit the two-year projections15 prepared by each state institution INSTITUTIONS of higher education for16 each two-year period to the office of state planning and budgeting and the17 capital development committee. The capital development committee shall18 conduct a hearing in each regular legislative session on the projections19 WITHIN THIRTY DAYS AFTER SUBMISSION DURING A REGULAR LEGISLATIVE20 SESSION OF THE GENERAL ASSEMBLY OR WITHIN FORTY -FIVE DAYS AFTER21 SUBMISSION DURING ANY PERIOD THAT THE GENERAL ASSEMBLY IS NOT IN22 REGULAR LEGISLATIVE SESSION and either approve the projections or23 return the projections to the state institution of higher education for24 modification. The commission and the office of state planning and25 budgeting shall provide the capital development committee with26 comments concerning each projection.27 1313 -7- (B) A state institution of higher education may submit to the staff1 of the capital development committee, the commission, and the office of2 state planning and budgeting an amendment to its approved two-year3 projection. The capital development committee shall conduct a hearing4 on the amendment within thirty days after submission during a regular5 legislative session of the general assembly or within forty-five days after6 submission during any period that the general assembly is not in regular7 legislative session. The capital development committee shall either8 approve the projections or return the projections to the state institution of9 higher education for modification. The commission and the office of state10 planning and budgeting shall provide the capital development committee11 with comments concerning each amendment.12 (9) (a) Except as provided in paragraph (d) of this subsection (9)13 SUBSECTION (9)(d) OF THIS SECTION, a capital construction or capital14 renewal project for an auxiliary facility initiated by the governing board15 of a state institution of higher education that is contained in the most16 recent two-year projection approved pursuant to subparagraph (II) of17 paragraph (c) of subsection (7) of this section, as the projection may be18 amended from time to time HAS BEEN APPROVED BY THE CAPITAL19 DEVELOPMENT COMMITTEE AS PART OF A TWO -YEAR PROJECTION WITHIN20 THE LAST TWO CALENDAR YEARS , and that is to be acquired or constructed21 and operated and maintained solely from cash funds held by the22 institution, is not subject to additional review or approval by the23 commission, the office of state planning and budgeting, the capital24 development committee, or the joint budget committee; except that, if the25 capital construction or capital renewal project for an auxiliary facility is26 to be acquired or constructed in whole or in part using moneys MONEY27 1313 -8- subject to the higher education revenue bond intercept program1 established pursuant to section 23-5-139, then the governing board of a2 state institution of higher education must obtain approval from the general3 assembly as specified in that section. 4 (b) Except as provided in paragraph (d) of this subsection (9)5 SUBSECTION (9)(d) OF THIS SECTION, a capital construction or capital6 renewal project for an academic facility initiated by the governing board7 of a state institution of higher education that is contained in the most8 recent two-year projection approved pursuant to subparagraph (II) of9 paragraph (c) of subsection (7) of this section, as the projection may be10 amended from time to time HAS BEEN APPROVED BY THE CAPITAL11 DEVELOPMENT COMMITTEE AS PART OF A TWO -YEAR PROJECTION WITHIN12 THE LAST TWO CALENDAR YEARS , and that is to be acquired or constructed13 solely from cash funds held by the institution and operated and14 maintained from such funds or from state moneys MONEY appropriated15 for such purpose, or both, is not subject to additional review or approval16 by the commission, the office of state planning and budgeting, the capital17 development committee, or the joint budget committee; except that, if the18 capital construction or capital renewal project for an academic facility is19 to be acquired or constructed in whole or in part using moneys MONEY20 subject to the higher education revenue bond intercept program21 established pursuant to section 23-5-139, then the governing board of a22 state institution of higher education must obtain approval from the general23 assembly as specified in that section. Any capital construction or capital24 renewal project subject to this paragraph (b) SUBSECTION (9)(b) must25 comply with the high performance standard certification program26 established pursuant to section 24-30-1305.5. C.R.S. 27 1313 -9- (e) A capital construction or acquisition project approved and1 appropriated prior to January 1, 2010, may be contained in the most2 recent unified two-year capital improvements project projection approved3 pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this4 section. The projection may be amended from time to time and is not5 subject to additional review or approval by the commission, the office of6 state planning and budgeting, the capital development committee, or the7 joint budget committee.8 (10.2) (b) (I) The general assembly hereby finds, determines, and9 declares that the classification of facilities as academic facilities or10 auxiliary facilities can be difficult, and such classifications often change11 as academic needs, student needs, and new construction and design12 practices emerge. Therefore, the office of the state architect, in13 collaboration with the department of higher education and the office of14 state planning and budgeting, shall develop guidelines in order to assist15 such classification. The guidelines shall be annually reviewed and16 approved by the capital development committee. The guidelines must17 address the following two factors that have historically been considered18 when classifying academic facilities and auxiliary facilities:19 SECTION 4. In Colorado Revised Statutes, 23-5-139, amend20 (1)(d)(I) introductory portion as follows:21 23-5-139. Higher education revenue bond intercept program22 - definitions. (1) (d) (I) No later than September 1, 2016, and each23 September 1 thereafter UNTIL THE REPORT THAT IS DUE FOR STATE FISCAL24 YEAR 2025-26 WHICH IS DUE NO LATER THAN MARCH 1, 2026, AND EACH25 M ARCH 1 THEREAFTER FOR SUBSEQUENT REPORTS , the state treasurer shall26 provide the capital development committee, the joint budget committee,27 1313 -10- the Colorado commission on higher education, and the office of state1 planning and budgeting with a report that includes:2 SECTION 5. In Colorado Revised Statutes, 24-30-1404, amend3 (7)(a), (7)(b), (7)(c) introductory portion, (7)(e), and (7)(f); repeal (7)(g)4 and (7)(h); and add (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) as5 follows:6 24-30-1404. Contracts - definition. (7) (a) Except as provided7 in subsections (7)(b), (7)(c), (7)(e), AND (7)(f) (7)(g), and (7)(h) of this8 section, any professional services contract entered into pursuant to the9 provisions of this part 14 shall MUST be executed and encumbered10 within six months after the date on which the appropriation that11 includes the project for which the professional services are required12 becomes law OR ON OR BEFORE NOVEMBER 1 OF THE STATE FISCAL YEAR13 FOR WHICH THE APPROPRIATION THAT INCLUDES THE PROJECT FOR WHICH14 THE PROFESSIONAL SERVICES ARE REQUIRED IS AUTHORIZED, WHICHEVER15 IS LATER. If no professional services contract is required for a particular16 project, the contract with the contractor for the project shall MUST be17 entered into within six months after the appropriation OR ON OR BEFORE18 NOVEMBER 1 OF THE STATE FISCAL YEAR FOR WHICH THE APPROPRIATION19 IS AUTHORIZED, WHICHEVER IS LATER. If a state agency or state institution20 of higher education determines that the nature of a particular project is21 such that the deadlines imposed by this section cannot be met, the state22 agency or state institution of higher education may request the capital23 development committee to recommend to the controller that the deadline24 be waived EXTENDED for that project; EXCEPT THAT FOR FEE TITLE25 ACQUISITIONS BY THE DIVISION OF PARKS AND WILDLIFE IN THE26 DEPARTMENT OF NATURAL RESOURCES, THE DEADLINE MAY BE WAIVED.27 1313 -11- The controller, in consultation with the capital development committee1 may grant a waiver from AN EXTENSION OF the deadlines OR A WAIVER, IF2 APPLICABLE. This subsection (7) shall not apply to projects under the3 supervision of the department of transportation. This subsection (7) shall4 not affect any priority established pursuant to section 44-40-111 (11) in5 the general appropriation act for expenditures for projects to be financed6 from net lottery proceeds appropriated for capital construction. AN7 EXTENSION THAT IS RECOMMENDED OR GRANTED PURSUANT TO THIS8 SUBSECTION (7)(a) SHALL NOT EXCEED SIX MONTHS . 9 (b) (I) The deadlines established in paragraph (a) of this10 subsection (7) shall apply to THIS SUBSECTION (7) DOES NOT AFFECT ANY11 PRIORITY ESTABLISHED PURSUANT TO SECTION 44-40-111 (11) IN THE12 GENERAL APPROPRIATION ACT FOR EXPENDITURES FOR PROJECTS TO BE13 FINANCED FROM NET LOTTERY PROCEEDS APPROPRIATED FOR CAPITAL14 CONSTRUCTION.15 (II) F OR projects funded with net lottery proceeds, but the 16 six-month period shall begin to run only ANY PROFESSIONAL SERVICES17 CONTRACT MUST BE EXECUTED AND ENCUMBERED AND ANY CONTRACT18 WITH THE CONTRACTOR MUST BE ENTERED INTO WITHIN SIX MONTHS OF19 when an agency receives a distribution from such proceeds for a20 particular project.21 (c) This subsection (7) shall DOES not apply to:22 (V) P ROJECTS UNDER THE SUPERVISION OF THE DEPARTMENT OF23 TRANSPORTATION;24 (VI) A CAPITAL CONSTRUCTION PROJECT AT A STATE INSTITUTION25 OF HIGHER EDUCATION THAT IS TO BE CONSTRUCTED SOLELY WITH CASH26 FUNDS HELD BY THE INSTITUTION, FEDERAL FUNDS MADE AVAILABLE FOR27 1313 -12- THE PROJECT, OR A COMBINATION OF BOTH;1 (VII) T HE STATE BOARD OF LAND COMMISSIONERS , ESTABLISHED2 IN ARTICLE 1 OF TITLE 36, IN CONNECTION WITH CONTRACT EXPENDITURES3 FROM THE STATE BOARD OF LAND COMMISSIONERS INVESTMENT AND4 DEVELOPMENT FUND CREATED IN SECTION 36-1-153, OR THE COMMERCIAL5 REAL PROPERTY OPERATING FUND CREATED IN SECTION 36-1-153.7; OR6 (VIII) I NFORMATION TECHNOLOGY PROJECTS THAT ARE OVERSEEN7 BY THE JOINT TECHNOLOGY COMMI TTEE PURSUANT TO PART 17 OF ARTICLE8 3 OF TITLE 2. AS USED IN THIS SUBSECTION (7)(c)(VIII), "INFORMATION9 TECHNOLOGY" HAS THE SAME MEANING AS SET FORTH IN SECTION10 2-3-1701 (7).11 (e) In the event that the governor restricts or delays the12 expenditure of moneys MONEY for a project for which a professional13 services contract is required pursuant to the authority granted TO the14 governor in section 24-75-201.5, the running of the six-month deadline 15 DEADLINES imposed in paragraph (a) of this subsection (7) SUBSECTION16 (7)(a) OF THIS SECTION for such projects shall be tolled until such time as17 the restriction or delay is no longer in effect, AT WHICH TIME THE18 PROFESSIONAL SERVICES CONTRACT MUST BE EXECUTED AND19 ENCUMBERED AND ANY CONTRACT WITH THE CONTRACTOR MUST BE20 ENTERED INTO WITHIN SIX MONTHS.21 (f) In the event that an appropriation is made to a state agency or22 state institution of higher education for allocation to other state agencies23 or state institutions of higher education, the six-month period applies 24 DEADLINE to the execution and encumbrance of EXECUTE AND ENCUMBER25 a contract by the agency or institution receiving the allocation and begins26 to run IS SIX MONTHS from the date of the allocation by the agency or27 1313 -13- institution that received the original appropriation. Nothing in this1 paragraph (f) shall be SUBSECTION (7)(f) IS construed to extend the2 duration of any appropriation.3 (g) This subsection (7) shall not apply to:4 (I) A capital construction project at a state institution of higher5 education that is to be constructed solely from cash funds held by the6 institution or federal funds made available for the project or a7 combination of the cash funds and the federal funds; or8 (II) The state board of land commissioners, established in article9 1 of title 36, C.R.S., in connection with contract expenditures from the10 state board of land commissioners investment and development fund11 created in section 36-1-153, C.R.S., or the commercial real property12 operating fund created in section 36-1-153.7, C.R.S.13 (h) The six-month deadline imposed by subsection (7)(a) of this14 section does not apply to information technology projects that are15 overseen by the joint technology committee pursuant to part 17 of article16 3 of title 2. As used in this subsection (7)(h), "information technology"17 has the meaning provided in section 2-3-1701 (7).18 SECTION 6. In Colorado Revised Statutes, 24-37-304, amend19 (1)(c.3)(III) as follows:20 24-37-304. Additional budgeting responsibilities. (1) In21 addition to the responsibilities enumerated in section 24-37-302, the22 office of state planning and budgeting shall:23 (c.3) (III) The office may modify the recommended priority of24 funding of capital construction or capital renewal projects of each state25 agency and state institution of higher education for the upcoming fiscal26 year no later than the January 1 JANUARY 2 of the year following the27 1313 -14- original submission described in sub-subparagraph (C) of subparagraph1 (I) of this paragraph (c.3) SUBSECTION (1)(c.3)(I)(C) OF THIS SECTION.2 SECTION 7. In Colorado Revised Statutes, 24-48.5-312, amend3 (3)(a)(III)(H) as follows:4 24-48.5-312. Art in public places program - allocations from5 capital construction costs - guidelines - fund created - definitions.6 (3) (a) (III) The requirements specified in this subsection (3)(a) do not7 apply to:8 (H) Any capital construction projects that the capital development9 committee, in consultation with the council, agrees do not meet the10 original purpose of the requirement specified in this paragraph (a), and11 determines by affirmative vote that the project meets one of the12 exceptions allowed in sub-subparagraphs (A) to (G) of this subparagraph13 (III) SUBSECTION (3)(a)(I) OR (3)(a)(II) OF THIS SECTION.14 SECTION 8. In Colorado Revised Statutes, 24-75-303, amend15 (5)(a)(II) as follows:16 24-75-303. Appropriation for capital construction.17 (5) (a) Except for an appropriation for a financed purchase of an asset or18 certificate of participation payment, except as provided in subsection19 (5)(b) of this section, and unless otherwise noted in a footnote in an20 appropriation act, an appropriation for a capital construction budget item21 or an information technology capital project, including capital22 construction, controlled maintenance, or capital renewal projects, as such23 terms are defined in section 24-30-1301, included in:24 (II) A supplemental appropriation act authorized or required by25 section 2-3-208, 24-37-304, 24-75-111 (5), or 24-75-111.5 (5) is available26 for expenditure upon enactment of the supplemental appropriation act and27 1313 -15- remains available for expenditure or encumbrance for three THE1 REMAINDER OF THE FISCAL YEAR DURING WHICH THE SUPPLEMENTAL2 APPROPRIATION ACT WAS ENACTED AND FOR THE NEXT TWO full fiscal3 years commencing with the fiscal year during which the supplemental4 appropriation act was enacted THEREAFTER, or until the project is5 completed, whichever is first; except that expenditures and nonmonetary6 adjustments allowed under section 24-75-111 or 24-75-111.5 are7 available for expenditure as specified in such sections. 8 SECTION 9. Act subject to petition - effective date. This act9 takes effect at 12:01 a.m. on the day following the expiration of the10 ninety-day period after final adjournment of the general assembly; except11 that, if a referendum petition is filed pursuant to section 1 (3) of article V12 of the state constitution against this act or an item, section, or part of this13 act within such period, then the act, item, section, or part will not take14 effect unless approved by the people at the general election to be held in15 November 2026 and, in such case, will take effect on the date of the16 official declaration of the vote thereon by the governor.17 1313 -16-