House Bill 25-1313 Rerevised

A Bill for an Act

• Page 1, Line 101Concerning modifications to certain laws that are within

• Page 1, Line 102the purview of the capital development committee.

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 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 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.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 2-3-1302, amend(1.5) and (2) as follows:

• Page 3, Line 32-3-1302.  Capital development committee established.(1.5)  In

• Page 3, Line 4order to expedite the work of the capital development committee,

• Page 3, Line 5appointees may appointments to the committee shall be designated

• Page 3, Line 6after the general election made no later than December 1 prior to the

• Page 3, Line 7convening of the general assembly at which such committee is to serve,

• Page 3, Line 8whether such appointees are members of the current general assembly or

• Page 3, Line 9members-elect of the next general assembly, or both. Such appointees

• Page 3, Line 10have all the powers and duties and are entitled to the same compensation

• Page 3, Line 11and expense allowance as members duly appointed under the provisions of subsection (1) of this section.

• Page 3, Line 12(2)  The capital development committee shall elect a chair and a

• Page 3, Line 13vice-chair at the first meeting held on or after October 15 in each

• Page 3, Line 14odd-numbered year and at the first December meeting held after the

• Page 4, Line 1general election in each even-numbered each year. The chair and

• Page 4, Line 2vice-chair appointments must alternate between a member from the house

• Page 4, Line 3of representatives and a member from the senate with the first chair being

• Page 4, Line 4from the senate and the first vice-chair being from the house of

• Page 4, Line 5representatives in even-numbered years and with the chair being

• Page 4, Line 6from the house of representatives and the vice-chair being from

• Page 4, Line 7the senate in odd-numbered years.The person serving as chair, or a

• Page 4, Line 8member of the same house if such person is no longer a member thereof,

• Page 4, Line 9shall serve as vice-chair during the next legislative session, and the person

• Page 4, Line 10serving as vice-chair, or a member of the same house if such person is no

• Page 4, Line 11longer a member thereof, shall serve as chair during the next legislative session.

• Page 4, Line 12SECTION 2.  In Colorado Revised Statutes, 2-3-1304, amend (1)(a.5) as follows:

• Page 4, Line 132-3-1304.  Powers and duties of capital development

• Page 4, Line 14committee. (1)  The capital development committee has the following powers and duties:

• Page 4, Line 15(a.5)  To study the request from any requests submitted by the

• Page 4, Line 16transportation commission for state highway reconstruction, repair, and

• Page 4, Line 17maintenance projects to be funded from money transferred to the capital

• Page 4, Line 18construction fund pursuant to section 24-75-302 (2), C.R.S., specifically

• Page 4, Line 19for such purpose. On or before October 1 of each year, the transportation

• Page 4, Line 20commission shall may submit its request, based on the statewide

• Page 4, Line 21transportation improvement programs, with a prioritized list of

• Page 4, Line 22recommended state highway reconstruction, repair, and maintenance

• Page 4, Line 23projects with the priority of projects on the list determined on the basis of

• Page 4, Line 24greatest need without regard to location in the state. If the

• Page 5, Line 1transportation commission submits a request, the capital

• Page 5, Line 2development committee shall determine from the submitted request

• Page 5, Line 3the number of projects on the list that may be funded from money

• Page 5, Line 4available in the capital construction fund for state highway reconstruction,

• Page 5, Line 5repair, or maintenance projects. Only projects on the list may be funded

• Page 5, Line 6from money available in the capital construction fund for state highway

• Page 5, Line 7reconstruction, repair, or maintenance projects, and the projects must be

• Page 5, Line 8funded in the priority determined by the transportation commission;

• Page 5, Line 9except that, if a project on the list cannot be funded because an alternative

• Page 5, Line 10source of funding for the project has become available, a court order has

• Page 5, Line 11enjoined the project, or an act of God has made the project construction

• Page 5, Line 12unfeasible, the transportation commission shall submit the next phase of

• Page 5, Line 13that project or the next project on that regional priority list to the capital

• Page 5, Line 14development committee for approval as an addition to the list in lieu of

• Page 5, Line 15the project that cannot be funded. No substitute project submitted by the

• Page 5, Line 16transportation commission from the regional priority list shall be

• Page 5, Line 17approved by the capital development committee if funding said project

• Page 5, Line 18would result in the delay of any other project on the list. Upon approval

• Page 5, Line 19of an amended list, the department of transportation shall provide a copy

• Page 5, Line 20of the amended list to the members of the joint budget committee, the

• Page 5, Line 21transportation, housing, and energy local government committee in

• Page 5, Line 22the house of representatives, and the transportation and energy

• Page 5, Line 23committee in the senate, or any successor committees. Projects on the

• Page 5, Line 24list submitted by the transportation commission by October 1 or on an

• Page 5, Line 25amended list submitted as provided in this paragraph (a.5) subsection

• Page 5, Line 26(1)(a.5) may be funded from money transferred to the capital construction

• Page 5, Line 27fund and available in the current fiscal year or money to be transferred to

• Page 6, Line 1the capital construction fund for the fiscal year beginning the following July 1.

• Page 6, Line 2SECTION 3.  In Colorado Revised Statutes, 23-1-106, amend

• Page 6, Line 3(6)(b), (7)(c), (9)(a), (9)(b), and (10.2)(b)(I) introductory portion; and repeal (9)(e) as follows:

• Page 6, Line 423-1-106.  Duties and powers of the commission with respect

• Page 6, Line 5to capital construction and long-range planning - report - legislative

• Page 6, Line 6declaration - definitions. (6) (b)  The commission shall request annually

• Page 6, Line 7from the governing board of each state institution of higher education a

• Page 6, Line 8review, at its next available meeting, any two-year projection of

• Page 6, Line 9capital construction projects submitted by a state institution of

• Page 6, Line 10higher education to be undertaken pursuant to subsection (9) of this

• Page 6, Line 11section and estimated to require total project expenditures exceeding two

• Page 6, Line 12million dollars if the capital construction project is for new acquisitions

• Page 6, Line 13of real property or new construction and funded solely from cash funds

• Page 6, Line 14held by the institution or the project is funded through the higher

• Page 6, Line 15education revenue bond intercept program established pursuant to section

• Page 6, Line 1623-5-139, or exceeding ten million dollars if the project is not for new

• Page 6, Line 17acquisitions of real property or new construction and is funded solely

• Page 6, Line 18from cash funds held by the institution. The projection must include the

• Page 6, Line 19estimated cost, the method of funding, and a schedule for project

• Page 6, Line 20completion for each project. A state institution of higher education shall

• Page 6, Line 21amend the projection prior to commencing a project that is not included in the institution's most recent projection.

• Page 6, Line 22(7) (c) (I) (A)  The commission annually shall prepare a unified,

• Page 6, Line 23two-year report for capital construction or capital renewal projects

• Page 6, Line 24described in subsection (9) of this section that are not for new

• Page 7, Line 1acquisitions of real property or new construction and are estimated to

• Page 7, Line 2require total project expenditures exceeding ten million dollars,

• Page 7, Line 3coordinated with education plans. The commission shall transmit the

• Page 7, Line 4report to the office of state planning and budgeting, the governor, the

• Page 7, Line 5capital development committee, and the joint budget committee, consistent with the executive budget timetable.

• Page 7, Line 6(B)  The commission annually shall prepare a unified, two-year

• Page 7, Line 7report for capital construction projects for new acquisitions of real

• Page 7, Line 8property or for new construction, estimated to require total project

• Page 7, Line 9expenditures exceeding two million dollars, coordinated with education

• Page 7, Line 10plans. The commission shall transmit the report to the office of state

• Page 7, Line 11planning and budgeting, the governor, the capital development

• Page 7, Line 12committee, and the joint budget committee, consistent with the executive budget timetable.

• Page 7, Line 13(II) (A)   The commission shall submit the two-year projections

• Page 7, Line 14prepared by each state institution institutions of higher education for

• Page 7, Line 15each two-year period to the office of state planning and budgeting and the

• Page 7, Line 16capital development committee. The capital development committee shall

• Page 7, Line 17conduct a hearing in each regular legislative session on the projections

• Page 7, Line 18within thirty days after submission during a regular legislative

• Page 7, Line 19session of the general assembly or within forty-five days after

• Page 7, Line 20submission during any period that the general assembly is not in

• Page 7, Line 21regular legislative session and either approve the projections or

• Page 7, Line 22return the projections to the state institution of higher education for

• Page 7, Line 23modification. The commission and the office of state planning and

• Page 7, Line 24budgeting shall provide the capital development committee with

• Page 7, Line 25comments concerning each projection.

• Page 8, Line 1(B)  A state institution of higher education may submit to the staff

• Page 8, Line 2of the capital development committee, the commission, and the office of

• Page 8, Line 3state planning and budgeting an amendment to its approved two-year

• Page 8, Line 4projection. The capital development committee shall conduct a hearing

• Page 8, Line 5on the amendment within thirty days after submission during a regular

• Page 8, Line 6legislative session of the general assembly or within forty-five days after

• Page 8, Line 7submission during any period that the general assembly is not in regular

• Page 8, Line 8legislative session. The capital development committee shall either

• Page 8, Line 9approve the projections or return the projections to the state institution of

• Page 8, Line 10higher education for modification. The commission and the office of state

• Page 8, Line 11planning and budgeting shall provide the capital development committee with comments concerning each amendment.

• Page 8, Line 12(9) (a)  Except as provided in paragraph (d) of this subsection (9)

• Page 8, Line 13subsection (9)(d) of this section, a capital construction or capital

• Page 8, Line 14renewal project for an auxiliary facility initiated by the governing board

• Page 8, Line 15of a state institution of higher education that is contained in the most

• Page 8, Line 16recent two-year projection approved pursuant to subparagraph (II) of

• Page 8, Line 17paragraph (c) of subsection (7) of this section, as the projection may be

• Page 8, Line 18amended from time to time has been approved by the capital

• Page 8, Line 19development committee as part of a two-year projection within

• Page 8, Line 20the last two calendar years, and that is to be acquired or constructed

• Page 8, Line 21and operated and maintained solely from cash funds held by the

• Page 8, Line 22institution, is not subject to additional review or approval by the

• Page 8, Line 23commission, the office of state planning and budgeting, the capital

• Page 8, Line 24development committee, or the joint budget committee; except that, if the

• Page 8, Line 25capital construction or capital renewal project for an auxiliary facility is

• Page 8, Line 26to be acquired or constructed in whole or in part using moneys money

• Page 9, Line 1subject to the higher education revenue bond intercept program

• Page 9, Line 2established pursuant to section 23-5-139, then the governing board of a

• Page 9, Line 3state institution of higher education must obtain approval from the general assembly as specified in that section.

• Page 9, Line 4(b)  Except as provided in paragraph (d) of this subsection (9)

• Page 9, Line 5subsection (9)(d) of this section, a capital construction or capital

• Page 9, Line 6renewal project for an academic facility initiated by the governing board

• Page 9, Line 7of a state institution of higher education that is contained in the most

• Page 9, Line 8recent two-year projection approved pursuant to subparagraph (II) of

• Page 9, Line 9paragraph (c) of subsection (7) of this section, as the projection may be

• Page 9, Line 10amended from time to time has been approved by the capital

• Page 9, Line 11development committee as part of a two-year projection within

• Page 9, Line 12the last two calendar years, and that is to be acquired or constructed

• Page 9, Line 13solely from cash funds held by the institution and operated and

• Page 9, Line 14maintained from such funds or from state moneys money appropriated

• Page 9, Line 15for such purpose, or both, is not subject to additional review or approval

• Page 9, Line 16by the commission, the office of state planning and budgeting, the capital

• Page 9, Line 17development committee, or the joint budget committee; except that, if the

• Page 9, Line 18capital construction or capital renewal project for an academic facility is

• Page 9, Line 19to be acquired or constructed in whole or in part using moneys money

• Page 9, Line 20subject to the higher education revenue bond intercept program

• Page 9, Line 21established pursuant to section 23-5-139, then the governing board of a

• Page 9, Line 22state institution of higher education must obtain approval from the general

• Page 9, Line 23assembly as specified in that section. Any capital construction or capital

• Page 9, Line 24renewal project subject to this paragraph (b) subsection (9)(b) must

• Page 9, Line 25comply with the high performance standard certification program

• Page 9, Line 26established pursuant to section 24-30-1305.5. C.R.S.

• Page 10, Line 1(e)  A capital construction or acquisition project approved and

• Page 10, Line 2appropriated prior to January 1, 2010, may be contained in the most

• Page 10, Line 3recent unified two-year capital improvements project projection approved

• Page 10, Line 4pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this

• Page 10, Line 5section. The projection may be amended from time to time and is not

• Page 10, Line 6subject to additional review or approval by the commission, the office of

• Page 10, Line 7state planning and budgeting, the capital development committee, or the joint budget committee.

• Page 10, Line 8(10.2) (b) (I)  The general assembly hereby finds, determines, and

• Page 10, Line 9declares that the classification of facilities as academic facilities or

• Page 10, Line 10auxiliary facilities can be difficult, and such classifications often change

• Page 10, Line 11as academic needs, student needs, and new construction and design

• Page 10, Line 12practices emerge. Therefore, the office of the state architect, in

• Page 10, Line 13collaboration with the department of higher education and the office of

• Page 10, Line 14state planning and budgeting, shall develop guidelines in order to assist

• Page 10, Line 15such classification. The guidelines shall be annually reviewed and

• Page 10, Line 16approved by the capital development committee. The guidelines must

• Page 10, Line 17address the following two factors that have historically been considered when classifying academic facilities and auxiliary facilities:

• Page 10, Line 18SECTION 4.  In Colorado Revised Statutes, 23-5-139, amend (1)(d)(I) introductory portion as follows:

• Page 10, Line 1923-5-139.  Higher education revenue bond intercept program

• Page 10, Line 20- definitions. (1) (d) (I)  No later than September 1, 2016, and each

• Page 10, Line 21September 1 thereafter until the report that is due for state fiscal

• Page 10, Line 22year 2025-26 which is due no later than March 1, 2026, and each

• Page 10, Line 23March 1 thereafter for subsequent reports, the state treasurer shall

• Page 10, Line 24provide the capital development committee, the joint budget committee,

• Page 11, Line 1the Colorado commission on higher education, and the office of state planning and budgeting with a report that includes:

• Page 11, Line 2SECTION 5.  In Colorado Revised Statutes, 24-30-1404, amend

• Page 11, Line 3(7)(a), (7)(b), (7)(c) introductory portion, (7)(e), and (7)(f); repeal (7)(g)

• Page 11, Line 4and (7)(h); and add (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) as follows:

• Page 11, Line 524-30-1404.  Contracts - definition. (7) (a)  Except as provided

• Page 11, Line 6in subsections (7)(b), (7)(c), (7)(e), and (7)(f) (7)(g), and (7)(h) of this

• Page 11, Line 7section, any professional services contract entered into pursuant to the

• Page 11, Line 8provisions of this part 14 shall must be executed and encumbered

• Page 11, Line 9 within six months after the date on which the appropriation that

• Page 11, Line 10includes the project for which the professional services are required

• Page 11, Line 11becomes law or on or before November 1 of the state fiscal year

• Page 11, Line 12for which the appropriation that includes the project for which

• Page 11, Line 13the professional services are required is authorized, whichever

• Page 11, Line 14is later. If no professional services contract is required for a particular

• Page 11, Line 15project, the contract with the contractor for the project shall must be

• Page 11, Line 16entered into within six months after the appropriation or on or before

• Page 11, Line 17November 1 of the state fiscal year for which the appropriation

• Page 11, Line 18is authorized, whichever is later. If a state agency or state institution

• Page 11, Line 19of higher education determines that the nature of a particular project is

• Page 11, Line 20such that the deadlines imposed by this section cannot be met, the state

• Page 11, Line 21agency or state institution of higher education may request the capital

• Page 11, Line 22development committee to recommend to the controller that the deadline

• Page 11, Line 23be waived extended for that project; except that for fee title

• Page 11, Line 24acquisitions by the division of parks and wildlife in the

• Page 11, Line 25department of natural resources, the deadline may be waived.

• Page 12, Line 1The controller, in consultation with the capital development committee

• Page 12, Line 2may grant a waiver from an extension of the deadlines or a waiver, if

• Page 12, Line 3applicable.This subsection (7) shall not apply to projects under the

• Page 12, Line 4supervision of the department of transportation. This subsection (7) shall

• Page 12, Line 5not affect any priority established pursuant to section 44-40-111 (11) in

• Page 12, Line 6the general appropriation act for expenditures for projects to be financed

• Page 12, Line 7from net lottery proceeds appropriated for capital construction. An

• Page 12, Line 8extension that is recommended or granted pursuant to this subsection (7)(a) shall not exceed six months.

• Page 12, Line 9(b) (I)  The deadlines established in paragraph (a) of this

• Page 12, Line 10subsection (7) shall apply to This subsection (7) does not affect any

• Page 12, Line 11priority established pursuant to section 44-40-111 (11) in the

• Page 12, Line 12general appropriation act for expenditures for projects to be

• Page 12, Line 13financed from net lottery proceeds appropriated for capital construction.

• Page 12, Line 14(II)  For projects funded with net lottery proceeds, but the

• Page 12, Line 15six-month period shall begin to run only any professional services

• Page 12, Line 16contract must be executed and encumbered and any contract

• Page 12, Line 17with the contractor must be entered into within six months of

• Page 12, Line 18when an agency receives a distribution from such proceeds for a particular project.

• Page 12, Line 19(c)  This subsection (7) shall does not apply to:

• Page 12, Line 20(V)  Projects under the supervision of the department of transportation;

• Page 12, Line 21(VI)  A capital construction project at a state institution

• Page 12, Line 22of higher education that is to be constructed solely with cash

• Page 12, Line 23funds held by the institution, federal funds made available for the project, or a combination of both;

• Page 13, Line 1(VII)  The state board of land commissioners, established

• Page 13, Line 2in article 1 of title 36, in connection with contract expenditures

• Page 13, Line 3from the state board of land commissioners investment and

• Page 13, Line 4development fund created in section 36-1-153, or the commercial real property operating fund created in section 36-1-153.7; or

• Page 13, Line 5(VIII)  Information technology projects that are overseen

• Page 13, Line 6by the joint technology committee pursuant to part 17 of article

• Page 13, Line 73 of title 2. As used in this subsection (7)(c)(VIII), "information

• Page 13, Line 8technology" has the same meaning as set forth in section 2-3-1701 (7).

• Page 13, Line 9(e)  In the event that the governor restricts or delays the

• Page 13, Line 10expenditure of moneys money for a project for which a professional

• Page 13, Line 11services contract is required pursuant to the authority granted to the

• Page 13, Line 12governor in section 24-75-201.5, the running of the six-month deadline

• Page 13, Line 13deadlines imposed in paragraph (a) of this subsection (7) subsection

• Page 13, Line 14(7)(a) of this section for such projects shall be tolled until such time as

• Page 13, Line 15the restriction or delay is no longer in effect, at which time the

• Page 13, Line 16professional services contract must be executed and

• Page 13, Line 17encumbered and any contract with the contractor must be entered into within six months.

• Page 13, Line 18(f)  In the event that an appropriation is made to a state agency or

• Page 13, Line 19state institution of higher education for allocation to other state agencies

• Page 13, Line 20or state institutions of higher education, the six-month period applies

• Page 13, Line 21deadline to the execution and encumbrance of execute and encumber

• Page 13, Line 22a contract by the agency or institution receiving the allocation and begins

• Page 13, Line 23to run is six months from the date of the allocation by the agency or

• Page 14, Line 1institution that received the original appropriation. Nothing in this

• Page 14, Line 2paragraph (f) shall be subsection (7)(f) is construed to extend the duration of any appropriation.

• Page 14, Line 3(g)  This subsection (7) shall not apply to:

• Page 14, Line 4(I)  A capital construction project at a state institution of higher

• Page 14, Line 5education that is to be constructed solely from cash funds held by the

• Page 14, Line 6institution or federal funds made available for the project or a combination of the cash funds and the federal funds; or

• Page 14, Line 7(II)  The state board of land commissioners, established in article

• Page 14, Line 81 of title 36, C.R.S., in connection with contract expenditures from the

• Page 14, Line 9state board of land commissioners investment and development fund

• Page 14, Line 10created in section 36-1-153, C.R.S., or the commercial real property operating fund created in section 36-1-153.7, C.R.S.

• Page 14, Line 11(h)  The six-month deadline imposed by subsection (7)(a) of this

• Page 14, Line 12section does not apply to information technology projects that are

• Page 14, Line 13overseen by the joint technology committee pursuant to part 17 of article

• Page 14, Line 143 of title 2. As used in this subsection (7)(h), "information technology" has the meaning provided in section 2-3-1701 (7).

• Page 14, Line 15SECTION 6.  In Colorado Revised Statutes, 24-37-304, amend (1)(c.3)(III) as follows:

• Page 14, Line 1624-37-304.  Additional budgeting responsibilities. (1)  In

• Page 14, Line 17addition to the responsibilities enumerated in section 24-37-302, the office of state planning and budgeting shall:

• Page 14, Line 18(c.3) (III)  The office may modify the recommended priority of

• Page 14, Line 19funding of capital construction or capital renewal projects of each state

• Page 14, Line 20agency and state institution of higher education for the upcoming fiscal

• Page 14, Line 21year no later than the January 1 January 2 of the year following the

• Page 15, Line 1original submission described in sub-subparagraph (C) of subparagraph (I) of this paragraph (c.3) subsection (1)(c.3)(I)(C) of this section.

• Page 15, Line 2SECTION 7.  In Colorado Revised Statutes, 24-48.5-312, amend (3)(a)(III)(H) as follows:

• Page 15, Line 324-48.5-312.  Art in public places program - allocations from

• Page 15, Line 4capital construction costs - guidelines - fund created - definitions.

• Page 15, Line 5(3) (a) (III)  The requirements specified in this subsection (3)(a) do not apply to:

• Page 15, Line 6(H)  Any capital construction projects that the capital development

• Page 15, Line 7committee, in consultation with the council, agrees do not meet the

• Page 15, Line 8original purpose of the requirement specified in this paragraph (a), and

• Page 15, Line 9determines by affirmative vote that the project meets one of the

• Page 15, Line 10exceptions allowed in sub-subparagraphs (A) to (G) of this subparagraph (III) subsection (3)(a)(I) or (3)(a)(II) of this section.

• Page 15, Line 11SECTION 8.  In Colorado Revised Statutes, 24-75-303, amend (5)(a)(II) as follows:

• Page 15, Line 1224-75-303.  Appropriation for capital construction.

• Page 15, Line 13(5) (a)  Except for an appropriation for a financed purchase of an asset or

• Page 15, Line 14certificate of participation payment, except as provided in subsection

• Page 15, Line 15(5)(b) of this section, and unless otherwise noted in a footnote in an

• Page 15, Line 16appropriation act, an appropriation for a capital construction budget item

• Page 15, Line 17or an information technology capital project, including capital

• Page 15, Line 18construction, controlled maintenance, or capital renewal projects, as such terms are defined in section 24-30-1301, included in:

• Page 15, Line 19(II)  A supplemental appropriation act authorized or required by

• Page 15, Line 20section 2-3-208, 24-37-304, 24-75-111 (5), or 24-75-111.5 (5) is available

• Page 15, Line 21for expenditure upon enactment of the supplemental appropriation act and

• Page 16, Line 1remains available for expenditure or encumbrance for three the

• Page 16, Line 2remainder of the fiscal year during which the supplemental

• Page 16, Line 3appropriation act was enacted and for the nexttwo full fiscal

• Page 16, Line 4years commencing with the fiscal year during which the supplemental

• Page 16, Line 5appropriation act was enacted thereafter, or until the project is

• Page 16, Line 6completed, whichever is first; except that expenditures and nonmonetary

• Page 16, Line 7adjustments allowed under section 24-75-111 or 24-75-111.5 are available for expenditure as specified in such sections.

• Page 16, Line 8SECTION 9.  Act subject to petition - effective date. This act

• Page 16, Line 9takes effect at 12:01 a.m. on the day following the expiration of the

• Page 16, Line 10ninety-day period after final adjournment of the general assembly; except

• Page 16, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 16, Line 12of the state constitution against this act or an item, section, or part of this

• Page 16, Line 13act within such period, then the act, item, section, or part will not take

• Page 16, Line 14effect unless approved by the people at the general election to be held in

• Page 16, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.