Senate Bill 26-078 Introduced

A Bill for an Act

• Page 1, Line 101Concerning modifications to certain statutes relating to

• Page 1, Line 102institutions of higher education, and, in connection

• Page 1, Line 103therewith, changing procedures relating to

• Page 1, Line 104information sharing, data, and capital construction

• Page 1, Line 105projects.

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.)

The bill modifies statutes relating to state institutions of higher education (institutions) in the following areas: Fiscal impact information for legislative measures, definitions related to electric and plumbing work, data policies and coordination, capital construction review processes, and bond requirements and procedures for the university of Colorado.

Fiscal impact information. The bill requires that, within 3 days of an institution or its governing board submitting information on the fiscal impact of a legislative measure to the department of higher education (department) to assist the department in responding to a request from the staff of the legislative council (LCS), the department share with the submitting institution or its governing board the department's official response to the LCS regarding the fiscal impact of the legislative measure.

Definitions. The bill modifies definitions in statutes relating to performing electric and plumbing work on the campuses of the university of Colorado and the Colorado state university to remove existing restrictions so that the university of Colorado can perform work on any building on the campus that the university owns or leases.

Data policies and coordination. The bill requires the department to create a data advisory group no later than July 1, 2026. The data advisory group is made up of representatives from the department and the institutions. The data advisory group must meet quarterly beginning no later than September 30, 2026, and is charged with developing policies and procedures for the collection, storage, and use of data from institutions. The bill adds one member of the data advisory group selected by the Colorado commission on higher education (commission) to the advisory committee to the commission and adds the data advisory group to the list of entities the commission is required to work with to collect data necessary to develop and implement the commission's master plan. The bill also requires the department, in collaboration with the governing boards and institutions that report student data to the commission and the department, to provide access, upon request of a governing board or institution, to de-identified statewide institutional and student data.

Capital construction. The bill increases the dollar-amount threshold from $2 million to $5 million for exceptions from the requirements for program and physical planning, exceptions from commission approval and capital development committee (CDC) and joint budget committee (JBC) review of capital construction projects funded from certain sources, and exceptions from commission approval of capital construction projects funded from cash funds. The bill also exempts from the review and approval of the commission, the CDC, and the JBC any capital construction or capital renewal project funded solely from cash funds held by an institution that are not derived from student fees, so long as the institution has not participated in the higher education revenue bond intercept program for at least the preceding 5 years.

Bond requirements and procedures. The bill modifies certain bond requirements and procedures specific to the university of Colorado to align with current practice.

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

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, 2-2-322, add (3.5)

• Page 3, Line 3as follows:

• Page 3, Line 42-2-322.  Fiscal notes - definitions - repeal.

• Page 3, Line 5(3.5) (a)  Within three days of an institution of higher

• Page 3, Line 6education or its governing board submitting information about

• Page 3, Line 7the fiscal impact of a legislative measure to the department of

• Page 3, Line 8higher education to assist the department in responding to a

• Page 3, Line 9request for information made pursuant to subsection (3)(a) of

• Page 3, Line 10this section, the department of higher education shall grant the

• Page 3, Line 11submitting institution of higher education or its governing

• Page 3, Line 12board access to the department's official response to the staff

• Page 3, Line 13of the legislative council regarding the fiscal impact of the

• Page 3, Line 14legislative measure.

• Page 3, Line 15(b)  As used in this subsection (3.5):

• Page 3, Line 16(I)  "Department of higher education" means the

• Page 3, Line 17department of higher education created in section 24-1-114.

• Page 3, Line 18(II)  "Institution of higher education" means:

• Page 3, Line 19(A)  A state institution of higher education, as defined in

• Page 3, Line 20section 23-18-102 (10);

• Page 3, Line 21(B)  A local district college, as defined in section

• Page 3, Line 2223-71-102 (1)(a);

• Page 3, Line 23(C)  An area technical college, as defined in section

• Page 3, Line 2423-60-103 (1); and

• Page 3, Line 25(D)  The Auraria higher education center created in

• Page 4, Line 1article 70 of title 23.

• Page 4, Line 2SECTION 2.  In Colorado Revised Statutes, 12-115-103, amend

• Page 4, Line 3(10) as follows:

• Page 4, Line 412-115-103.  Definitions.

• Page 4, Line 5As used in this article 115, unless the context otherwise requires:

• Page 4, Line 6(10)  "Qualified state institution of higher education" means

• Page 4, Line 7(a)   one of the state institutions of higher education established

• Page 4, Line 8under, specified in, and located upon the campuses described in sections

• Page 4, Line 923-20-101 (1)(a), 23-20-101 (1)(b), 23-20-101 (1)(d), and 23-31-101,

• Page 4, Line 10limited to the buildings owned or leased by those institutions on the

• Page 4, Line 11campuses.

• Page 4, Line 12(b)  The institution whose campus is established under and

• Page 4, Line 13specified in section 23-20-101 (1)(b), but limited to the buildings located

• Page 4, Line 14in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475

• Page 4, Line 15Lawrence street; and

• Page 4, Line 16(c)  The institution whose campus is established under and

• Page 4, Line 17specified in section 23-20-101 (1)(d), but limited to current and future

• Page 4, Line 18buildings owned, leased, or built on land owned on or before January 1,

• Page 4, Line 192015, by the university of Colorado on the campus described in section

• Page 4, Line 2023-20-101 (1)(d).

• Page 4, Line 21SECTION 3.  In Colorado Revised Statutes, 12-155-103, amend

• Page 4, Line 22(12) as follows:

• Page 4, Line 2312-155-103.  Definitions.

• Page 4, Line 24As used in this article 155, unless the context otherwise requires:

• Page 4, Line 25(12)  "Qualified state institution of higher education" means

• Page 4, Line 26(a)   one of the state institutions of higher education established

• Page 4, Line 27under, specified in, and located upon the campuses described in sections

• Page 5, Line 123-20-101 (1)(a), 23-20-101 (1)(b), 23-20-101 (1)(d), and 23-31-101,

• Page 5, Line 2limited to the buildings owned or leased by those institutions on those

• Page 5, Line 3campuses.

• Page 5, Line 4(b)  The institution whose campus is established under and

• Page 5, Line 5specified in section 23-20-101 (1)(b), but limited to the buildings located

• Page 5, Line 6in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475

• Page 5, Line 7Lawrence street; and

• Page 5, Line 8(c)  The institution whose campus is established under and

• Page 5, Line 9specified in section 23-20-101 (1)(d), but limited to current and future

• Page 5, Line 10buildings owned or leased or built on land owned on or before January 1,

• Page 5, Line 112015, by the university of Colorado on the campus described in section

• Page 5, Line 1223-20-101 (1)(d).

• Page 5, Line 13SECTION 4.  In Colorado Revised Statutes, 23-1-101.1, add (1.5)

• Page 5, Line 14as follows:

• Page 5, Line 1523-1-101.1.  Definitions.

• Page 5, Line 16As used in this article 1, unless the context otherwise requires:

• Page 5, Line 17(1.5)  "Data advisory group" means the data advisory

• Page 5, Line 18group created in section 23-1-144.

• Page 5, Line 19SECTION 5.  In Colorado Revised Statutes, 23-1-103, amend (1)

• Page 5, Line 20introductory portion and (1)(b) as follows:

• Page 5, Line 2123-1-103.  Advisory committee to the Colorado commission on

• Page 5, Line 22higher education.

• Page 5, Line 23(1)  There is hereby established an advisory committee to the

• Page 5, Line 24commission for the purpose of suggesting solutions for the problems and

• Page 5, Line 25needs of higher education and maintaining liaison with the general

• Page 5, Line 26assembly and the governing boards for state-supported institutions of

• Page 5, Line 27higher education. The advisory committee shall consist consists of not

• Page 6, Line 1less than thirteen fourteen members, to be designated as follows:

• Page 6, Line 2(b)  One member shall be selected and designated by The

• Page 6, Line 3commission shall select and designate:

• Page 6, Line 4(I)  One member to represent the faculty in the state; and

• Page 6, Line 5(II)  One member shall be selected and designated by the

• Page 6, Line 6commission to represent the students in the state;

• Page 6, Line 7(III)  On and after August 5, 2009, the commission shall select and

• Page 6, Line 8designate one member who, at the time of designation, is a parent of a

• Page 6, Line 9student who is enrolled in a state-supported institution of higher

• Page 6, Line 10education in Colorado to represent the parents of students; and

• Page 6, Line 11(IV)  On and after July 1, 2026, one member who is a

• Page 6, Line 12current member of the data advisory group and who works at a

• Page 6, Line 13public institution of higher education.

• Page 6, Line 14SECTION 6.  In Colorado Revised Statutes, 23-1-106, amend

• Page 6, Line 15(5)(b), (6)(b), (9)(d)(II), and (11)(a)(III) as follows:

• Page 6, Line 1623-1-106.  Duties and powers of the commission with respect

• Page 6, Line 17to capital construction and long-range planning - report - legislative

• Page 6, Line 18declaration - definitions.

• Page 6, Line 19(5) (b)  The commission may except from the requirements for

• Page 6, Line 20program and physical planning any project that requires two five million

• Page 6, Line 21dollars or less if the capital construction project is for new construction

• Page 6, Line 22and funded solely from cash funds held by the institution or the project is

• Page 6, Line 23funded through the higher education revenue bond intercept program

• Page 6, Line 24established pursuant to section 23-5-139, or ten million dollars or less if

• Page 6, Line 25the project is not for new construction and is funded solely from cash

• Page 6, Line 26funds held by the institution.

• Page 6, Line 27(6) (b)  The commission shall review, at its next available meeting,

• Page 7, Line 1any two-year projection of capital construction projects submitted by a

• Page 7, Line 2state institution of higher education to be undertaken pursuant to

• Page 7, Line 3subsection (9) of this section and estimated to require total project

• Page 7, Line 4expenditures exceeding two five million dollars if the capital

• Page 7, Line 5construction project is for new acquisitions of real property or new

• Page 7, Line 6construction and funded solely from cash funds held by the institution or

• Page 7, Line 7the project is funded through the higher education revenue bond intercept

• Page 7, Line 8program established pursuant to section 23-5-139, or exceeding ten

• Page 7, Line 9million dollars if the project is not for new acquisitions of real property

• Page 7, Line 10or new construction and is funded solely from cash funds held by the

• Page 7, Line 11institution. The projection must include the estimated cost, the method of

• Page 7, Line 12funding, and a schedule for project completion for each project.

• Page 7, Line 13(9) (d) (II)  A plan for a capital construction or capital renewal

• Page 7, Line 14project is not subject to review or approval by the commission if such

• Page 7, Line 15project is:

• Page 7, Line 16(A)  Estimated to require total expenditures of two five million

• Page 7, Line 17dollars or less if the capital construction project is for new acquisitions of

• Page 7, Line 18real property or for new construction and funded solely from cash funds

• Page 7, Line 19held by the institution or the project is funded through the higher

• Page 7, Line 20education revenue bond intercept program established pursuant to section

• Page 7, Line 2123-5-139; or

• Page 7, Line 22(B)  Estimated to require total expenditures of ten million dollars

• Page 7, Line 23or less if the project is not for new acquisitions of real property or for new

• Page 7, Line 24construction and is funded solely from cash funds held by the institution;

• Page 7, Line 25or

• Page 7, Line 26(C)  Funded solely from cash funds held by the institution

• Page 7, Line 27that are not derived from student fees, so long as the

• Page 8, Line 1institution has not participated in the higher education revenue

• Page 8, Line 2bond intercept program established pursuant to section 23-5-139

• Page 8, Line 3for at least the preceding five years.

• Page 8, Line 4(11) (a)  Each state institution of higher education shall submit to

• Page 8, Line 5the commission on or before September 1 of each year a list and

• Page 8, Line 6description of each project for which an expenditure was made during the

• Page 8, Line 7immediately preceding fiscal year that:

• Page 8, Line 8(III)  Was estimated to require total expenditures of two five

• Page 8, Line 9million dollars or less if the capital construction project is for new

• Page 8, Line 10acquisitions of real property or for new construction and was funded

• Page 8, Line 11solely from cash funds held by the institution or the project was funded

• Page 8, Line 12through the higher education revenue bond intercept program established

• Page 8, Line 13pursuant to section 23-5-139, or was estimated to require total

• Page 8, Line 14expenditures of ten million dollars or less if the project was not for new

• Page 8, Line 15acquisitions of real property or for new construction and was funded

• Page 8, Line 16solely from cash funds held by the institution; or

• Page 8, Line 17SECTION 7.  In Colorado Revised Statutes, 23-1-108, amend

• Page 8, Line 18(1.7) as follows:

• Page 8, Line 1923-1-108.  Duties and powers of the commission with regard to

• Page 8, Line 20systemwide planning - reporting - definitions.

• Page 8, Line 21(1.7)  The commission, working with the department, the data

• Page 8, Line 22advisory group, the governing boards, and the institutions of higher

• Page 8, Line 23education, shall collect data, including but not limited to research

• Page 8, Line 24conducted by national policy organizations and agencies or institutions of

• Page 8, Line 25higher education in other states, as necessary to support development and

• Page 8, Line 26implementation of the master plan pursuant to subsection (1.5) of this

• Page 8, Line 27section.

• Page 9, Line 1SECTION 8.  In Colorado Revised Statutes, 23-1-141, amend (1);

• Page 9, Line 2and add (5.5) and (6.5) as follows:

• Page 9, Line 323-1-141.  Student success data system - student success data

• Page 9, Line 4transparency - access to data - appropriation - definitions.

• Page 9, Line 5(1)  As used in this section, unless the context otherwise requires:

• Page 9, Line 6(a)  "Institution of higher education" or "institution" means the

• Page 9, Line 7state institutions, as defined in section 23-18-102 (10)(a), the local district

• Page 9, Line 8colleges, and the area technical colleges.

• Page 9, Line 9(b) (I)  "Statewide institutional and student data" means

• Page 9, Line 10data provided by an institution of higher education to the

• Page 9, Line 11department or another state agency.

• Page 9, Line 12(II)  "Statewide institutional and student data" includes:

• Page 9, Line 13(A)  All data submissions from an institution of higher

• Page 9, Line 14education to the department;

• Page 9, Line 15(B)  Data, in any format, created by the department for

• Page 9, Line 16funding or resource allocation, legislative reports, or

• Page 9, Line 17strategic planning and analysis; and

• Page 9, Line 18(C)  Data, in any format, shared by the department with a

• Page 9, Line 19third party.

• Page 9, Line 20(c)  "Institutional data users" means users or consumers

• Page 9, Line 21of data that originates from an institution of higher education,

• Page 9, Line 22including an institution, the department, another state agency,

• Page 9, Line 23or any person that has access to such data.

• Page 9, Line 24(5.5) (a)  The department shall, in collaboration with the

• Page 9, Line 25governing boards and institutions of higher education that

• Page 9, Line 26report student data to the commission and the department,

• Page 9, Line 27provide access to de-identified statewide institutional and

• Page 10, Line 1student data upon request of a governing board or institution.

• Page 10, Line 2(b)  The department shall ensure that all statewide

• Page 10, Line 3institutional and student data that is shared with a governing

• Page 10, Line 4board or institution is shared through a secure means that

• Page 10, Line 5complies with policies, procedures, and other guidance

• Page 10, Line 6developed by the department and the data advisory group.

• Page 10, Line 7(6.5)  The department shall, in consultation with the data

• Page 10, Line 8advisory group, develop policies to ensure that institutional

• Page 10, Line 9data users comply with all state and federal laws, regulations,

• Page 10, Line 10and applicable guidelines concerning the privacy of student

• Page 10, Line 11information, including the federal "Family Educational Rights

• Page 10, Line 12and Privacy Act of 1974", 20 U.S.C. sec. 1232g.

• Page 10, Line 13SECTION 9.  In Colorado Revised Statutes, add 23-1-144 as

• Page 10, Line 14follows:

• Page 10, Line 1523-1-144.  Department directive - creation of data advisory

• Page 10, Line 16group - development of data policies - definition - repeal.

• Page 10, Line 17(1)  As used in this section, unless the context otherwise

• Page 10, Line 18requires, "institutions of higher education" means institutions

• Page 10, Line 19of higher education that participate in data collection for the

• Page 10, Line 20commission or the department.

• Page 10, Line 21(2) (a)  As early as practicable but no later than July 1,

• Page 10, Line 222026, the department shall create a data advisory group to

• Page 10, Line 23develop policies regarding data collection from the governing

• Page 10, Line 24boards and institutions of higher education.

• Page 10, Line 25(b)  The data advisory group consists of representatives

• Page 10, Line 26from institutions of higher education and the department, with

• Page 10, Line 27no greater than two voting members from the department.

• Page 11, Line 1(3) (a)  The data advisory group shall:

• Page 11, Line 2(I)  Develop, approve, and maintain policies and procedures

• Page 11, Line 3for the collection, storage, and use of data from institutions of

• Page 11, Line 4higher education by the department, state agencies, and third

• Page 11, Line 5parties;

• Page 11, Line 6(II)  Determine how to approach new data reporting

• Page 11, Line 7requirements resulting from legislation; and

• Page 11, Line 8(III)  Serve as a resource to the department in decisions

• Page 11, Line 9relating to data sharing to identify processes to de-identify

• Page 11, Line 10data in a manner that allows for ongoing access and

• Page 11, Line 11transparency while remaining in compliance with applicable

• Page 11, Line 12federal and state requirements.

• Page 11, Line 13(b)  The data advisory group may develop guidelines for

• Page 11, Line 14data aggregation and suppression.

• Page 11, Line 15(4) (a)  The data advisory group shall develop procedures

• Page 11, Line 16for approving policies and procedures, including uses of data,

• Page 11, Line 17with the guiding principle that all policies and procedures

• Page 11, Line 18directly benefit higher education in the state. Any vote of the

• Page 11, Line 19data advisory group to approve or amend a policy or procedure

• Page 11, Line 20must include representatives from at least two-thirds of the

• Page 11, Line 21institutions of higher education that participate in the data

• Page 11, Line 22advisory group, with representation from both two-year and

• Page 11, Line 23four-year institutions of higher education.

• Page 11, Line 24(b)  To accomplish its duties, the data advisory group

• Page 11, Line 25shall meet at least quarterly.

• Page 11, Line 26(c) (I)  The data advisory group shall hold its first meeting

• Page 11, Line 27as soon as practicable but no later than September 30, 2026.

• Page 12, Line 1(II)  This subsection (4)(c) is repealed, effective July 1, 2027.

• Page 12, Line 2SECTION 10.  In Colorado Revised Statutes, 23-20-129.5,

• Page 12, Line 3amend (2) as follows:

• Page 12, Line 423-20-129.5.  Enterprise auxiliary facility bonds.

• Page 12, Line 5(2)  The policies and procedures adopted pursuant to subsection (1)

• Page 12, Line 6of this section shall must include but need not be limited to, the

• Page 12, Line 7following requirements:

• Page 12, Line 8(a)  That, upon issuance of revenue bonds pursuant to section

• Page 12, Line 923-5-102, the university shall identify the primary revenue sources for

• Page 12, Line 10payment of principal and interest on the bonds from among those

• Page 12, Line 11revenues and other moneys money pledged for payment of principal and

• Page 12, Line 12interest on the revenue bonds;

• Page 12, Line 13(b)  That, upon issuance of revenue bonds pursuant to section

• Page 12, Line 1423-5-102, the university shall perform a financial analysis based upon

• Page 12, Line 15assumptions approved by the board of regents and the state auditor, that

• Page 12, Line 16demonstrates that revenues expected to be annually available from the

• Page 12, Line 17sources identified under paragraph (a) of this subsection (2) subsection

• Page 12, Line 18(2)(a) of this section will be sufficient to pay at least one hundred

• Page 12, Line 19twenty-five percent of the annual principal and interest on the revenue

• Page 12, Line 20bonds; and

• Page 12, Line 21(c)  That the university shall annually review the revenue sources

• Page 12, Line 22identified under paragraph (a) of this subsection (2) subsection (2)(a) of

• Page 12, Line 23this section to determine if the financial analysis required in paragraph

• Page 12, Line 24(b) of this subsection (2) subsection (2)(b) of this section shows

• Page 12, Line 25sufficient revenues for payment of principal and interest on the revenue

• Page 12, Line 26bonds and, if the revenues are not sufficient, take such action as the board

• Page 12, Line 27of regents and the state auditor shall require requires to assure that

• Page 13, Line 1adequate revenues are available to pay the principal and interest on the

• Page 13, Line 2revenue bonds.

• Page 13, Line 3(d)  That the maximum annual debt service on all revenue bonds

• Page 13, Line 4issued pursuant to section 23-5-102, except as provided for in sections

• Page 13, Line 523-5-101.8 and 23-5-103, outstanding at any time for the university shall

• Page 13, Line 6not exceed ten percent of the university's unrestricted current fund

• Page 13, Line 7expenditures plus mandatory transfers;

• Page 13, Line 8(e)  That the university shall establish and maintain such debt

• Page 13, Line 9service reserves and such reserves for repair and replacement of any

• Page 13, Line 10auxiliary facility or group of auxiliary facilities on behalf of which

• Page 13, Line 11revenue bonds are issued pursuant to section 23-5-102 and as may be

• Page 13, Line 12required by the terms of the resolution, indenture, or other document

• Page 13, Line 13authorizing or executed in connection with the issuance of the revenue

• Page 13, Line 14bonds and subject to review and approval by the state auditor; and

• Page 13, Line 15(f)  That the university shall annually report to the state auditor

• Page 13, Line 16regarding compliance with the requirements specified in this subsection

• Page 13, Line 17(2) and any additional requirements that may be imposed by the board of

• Page 13, Line 18regents.

• Page 13, Line 19SECTION 11.  Safety clause. The general assembly finds,

• Page 13, Line 20determines, and declares that this act is necessary for the immediate

• Page 13, Line 21preservation of the public peace, health, or safety or for appropriations for

• Page 13, Line 22the support and maintenance of the departments of the state and state

• Page 13, Line 23institutions.