A Bill for an Act
Page 1, Line 101Concerning allowing a school district to lease district
Page 1, Line 102property for any term of years.
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.)
Current law limits to 10 years the length a school district can lease district property not needed for its purposes. The bill allows a school district to lease district property for any term of years for purposes of a solar field or affordable housing.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 22-32-110, amend (1)(f) as follows:
Page 2, Line 322-32-110. Board of education - specific powers - definitions.
Page 2, Line 4(1) In addition to any other power granted to a board of education of a
Page 2, Line 5school district by law, each board of education of a school district has the following specific powers, to be exercised in its judgment:
Page 2, Line 6(f) (I) To rent or lease district property not needed for its purposes
Page 2, Line 7for terms not exceeding ten years; or in the case of unimproved real
Page 2, Line 8property leased to a lessee that is a charter school as defined in section
Page 2, Line 922-30.5-403 (3), for a term not exceeding thirty years;
orPage 2, Line 10charter school using debt financing, for a term not exceeding the term of
Page 2, Line 11the debt financing, subject to all land use and building and zoning plans,
Page 2, Line 12codes, resolutions, and regulations, and to permit the use of district
Page 2, Line 13property by community organizations upon such terms and conditions as
Page 2, Line 14it may approve;
NoPage 2, Line 15system, or an affordable housing project, for any term of years.
Page 2, Line 16A finding that the property is not needed for the district's purposes
shallPage 2, Line 17
be necessaryPage 2, Line 18become the subtenant of the property under a sublease, and under such
Page 2, Line 19circumstances the term of the lease may exceed ten years but may not
Page 2, Line 20exceed fifty years. A board of education of a school district may only
Page 2, Line 21include, in a lease or otherwise, a use restriction on the rental or lease of
Page 2, Line 22any district property pursuant to this subsection (1)(f) that restricts the
Page 2, Line 23property from being used as a public or nonpublic school for any grade
Page 2, Line 24from preschool through the twelfth grade, after providing public notice
Page 2, Line 25of its intent to include such use restriction and after discussing the issue in public at a regularly scheduled meeting of the board of education.
Page 3, Line 1(II) If a board of education of a school district leases or
Page 3, Line 2rents property for the purposes of an affordable housing
Page 3, Line 3project, the board of education shall develop a policy that defines affordable housing for the project.
Page 3, Line 4SECTION 2. Act subject to petition - effective date. This act
Page 3, Line 5takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 6ninety-day period after final adjournment of the general assembly; except
Page 3, Line 7that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 8of the state constitution against this act or an item, section, or part of this
Page 3, Line 9act within such period, then the act, item, section, or part will not take
Page 3, Line 10effect unless approved by the people at the general election to be held in
Page 3, Line 11November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.