2020 Colorado Revised Statutes
Title 2 - Legislative
Article 3. Legislative Services
Section 2-3-1304. Powers and duties of capital development committee - definition.

(1) The capital development committee has the following powers and duties:

(a) To study capital construction, controlled maintenance, and capital renewal requests and proposals, pursuant to rule 45 of the joint rules of the senate and the house of representatives, of each state agency and state institution of higher education;

(a.3) To review and make required recommendations on reports from state agencies and state institutions of higher education, including reports from:

1. The office of the state architect on the approved and unapproved facility managementplans and facility management plan updates pursuant to section 24-30-1303.5 (3.5), C.R.S., and acquisitions and dispositions pursuant to sections 24-30-1303.5 (6) and 24-82-102, C.R.S.;

2. The adjutant general in the department of military and veterans affairs on the acquisition or disposition of property pursuant to section 28-3-106 (1)(s)(I), C.R.S.;

3. The parks and wildlife commission in the department of natural resources on theacquisition or disposition of certain real property interests under section 33-1-105 (1)(i) or (3),

C.R.S., and the acquisition of certain interest in real property or water pursuant to section 33-1105.5 (9), C.R.S.; and

(IV) The parks and wildlife commission in the department of natural resources on the acquisition or disposition of certain interests in real property pursuant to section 33-10-107 (2), C.R.S.;

(a.5) To study the request from the transportation commission for state highway reconstruction, repair, and maintenance projects to be funded from money transferred to the capital construction fund pursuant to section 24-75-302 (2), C.R.S., specifically for such purpose. On or before October 1 of each year, the transportation commission shall submit its request, based on the statewide transportation improvement programs, with a prioritized list of recommended state highway reconstruction, repair, and maintenance projects with the priority of projects on the list determined on the basis of greatest need without regard to location in the state. The capital development committee shall determine the number of projects on the list that may be funded from money available in the capital construction fund for state highway reconstruction, repair, or maintenance projects. Only projects on the list may be funded from money available in the capital construction fund for state highway reconstruction, repair, or maintenance projects, and the projects must be funded in the priority determined by the transportation commission; except that, if a project on the list cannot be funded because an alternative source of funding for the project has become available, a court order has enjoined the project, or an act of God has made the project construction unfeasible, the transportation commission shall submit the next phase of that project or the next project on that regional priority list to the capital development committee for approval as an addition to the list in lieu of the project that cannot be funded. No substitute project submitted by the transportation commission from the regional priority list shall be approved by the capital development committee if funding said project would result in the delay of any other project on the list. Upon approval of an amended list, the department of transportation shall provide a copy of the amended list to the members of the joint budget committee, the transportation and energy committee in the house of representatives, and the transportation committee in the senate. Projects on the list submitted by the transportation commission by October 1 or on an amended list submitted as provided in this paragraph (a.5) may be funded from money transferred to the capital construction fund and available in the current fiscal year or money to be transferred to the capital construction fund for the fiscal year beginning the following July 1.

(a.6) (Deleted by amendment, L. 2008, p. 1064, 8, effective July 1, 2008.)

2. To hold such hearings as may be necessary to consider reports from each state agency or state institution of higher education with respect to capital construction, controlled maintenance, or capital renewal;

3. To make determinations, pursuant to rule 45 of the joint rules of the senate and thehouse of representatives, of the priority to be accorded to the proposals made by the various state agencies and state institutions of higher education with respect to capital construction, controlled maintenance, and capital renewal proposals, based upon information made available to the capital development committee from any sources with respect to estimates of revenues available for such purposes;

4. To forecast the state's requirements for capital construction, controlled maintenance,and capital renewal as may be necessary or desirable for adequate presentation of the planning and implementation or construction of such projects and to forecast the projected available revenue to meet the state's requirements for capital construction, controlled maintenance, and capital renewal. Such revenue forecast must conform with the economic forecast period used in the quarterly revenue estimates prepared by the staff of the legislative council.

5. Repealed.

6. To review the annual capital construction and maintenance requests from the chiefinformation officer of the office of information technology regarding the public safety

communications trust fund created pursuant to section 24-37.5-506, C.R.S.; (g) (Deleted by amendment, L. 2014.) / Repealed.

(h) To review all acquisitions of real property by a state agency or state institution of higher education; except that, for any state agency or state institution of higher education that has statutory authority as of June 6, 2014, to acquire real property and such statutory authority specifies a process whereby the capital development committee either reviews, reviews and approves, or approves such an acquisition, then such statutory authority controls. If a state agency or state institution of higher education has statutory authority as of June 6, 2014, to acquire real property and such statutory authority does not include a process whereby the capital development committee either reviews, reviews and approves, or approves such acquisition, then this paragraph (h) controls. Section 23-1-106, C.R.S., and any budget instructions of the office of state planning and budgeting that specify thresholds regarding the submission of acquisitions of real property as capital budget requests operate to limit the review specified in this paragraph (h).

2. Nothing in this section shall in any way limit or reduce the powers of the governor,through the office of state planning and budgeting and the office of the state architect, to establish executive branch priorities and procedures.

3. (a) Not later than October 15, 2019, each state agency and state institution of higher education shall submit to the capital development committee a list of all nondeveloped real property owned by or under the control of the agency or institution. Not later than October 15 of each year thereafter, each agency or institution shall submit to the capital development committee any additions or deletions to the list identifying any nondeveloped real property the agency has acquired or disposed of during the preceding state fiscal year. The capital development committee shall include this information in an annual report published on the website of the general assembly. The division of housing within the department of local affairs shall provide a link to the report on the division's website. The division of parks and wildlife in the department of natural resources is exempt from the requirements of this subsection (3).

(b) For purposes of this subsection (3), "nondeveloped real property" means unimproved real property that is not otherwise protected for or dedicated to another use such as an access or a conservation easement.

Source: L. 85: Entire part added, p. 284, § 1, effective May 23. L. 94: (1)(e) added, p. 1095, § 4, effective May 9; (1)(e) amended, p. 2614, § 21, effective July 1. L. 95: (1)(a.5) added, p. 1295, § 2, effective June 5; (1)(e) amended, p. 1275, § 11, effective June 5. L. 96: (1)(a.5) amended, p. 1869, § 2, effective June 6. L. 98: (1)(a.5) amended, p. 904, § 2, effective May 26;

(1)(f) added, p. 939, § 6, effective May 27. L. 2000: (1)(a.6) added and (1)(b) amended, p. 502, § 11, effective July 1. L. 2001: (1)(a.5) amended, p. 225, § 1, effective March 28; (1)(e) amended, p. 309, § 2, effective August 8. L. 2003: (1)(a.5) amended, p. 2005, § 78, effective May 22. L. 2007: (1)(a) amended and (1)(a.3) added, p. 474, § 1, effective August 3; (1)(d) amended, p. 716, § 1, effective August 3. L. 2008: (1)(f) amended, p. 1129, § 10, effective May 22; (1)(a.6) and (1)(b) amended, p. 1064, § 8, effective July 1. L. 2009: (1)(g) added, (SB 09-228), ch. 410, p. 2254, § 1, effective July 1; (1)(f) amended, (SB 09-292), ch. 369, p. 1939, § 3, effective August 5. L. 2010: (1)(e) amended, (SB 10-175), ch. 188, p. 776, § 3, effective April 29. L. 2012: IP(1), IP(1)(a.3), (1)(a.3)(III), and (1)(a.3)(IV) amended, (HB 12-1317), ch. 248, p. 1202, § 3, effective June 4. L. 2014: (1), (1)(a), and (1)(c) amended, (HB 14-1387), ch. 378, pp. 1819, 1854, §§ 14, 69, effective June 6; (1)(a.3)(III) amended, (HB 14-1275), ch. 288, p. 1181, § 2, effective August 6; (1)(g) repealed, (SB 14-110), ch. 105, p. 390, § 2, effective August 6. L. 2015: (1)(a.3)(I) and (2) amended and (1)(e) repealed, (SB 15-270), ch. 296, p. 1214, § 10, effective June 5. L. 2019:

(3) added, (HB 19-1319), ch. 200, p. 2164, § 2, effective September 1.

Editor's note: (1) Amendments to subsection (1)(g) by Senate Bill 14-110 and House Bill 14-1387 were harmonized.

(2) Amendments to subsection (1)(a.3)(III) by HB 14-1275 and HB 14-1387 were harmonized.

Cross references: For the legislative declaration contained in the 2000 act amending subsection (1)(b), see section 1 of chapter 141, Session Laws of Colorado 2000. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in SB 14-110, see section 1 of chapter 105, Session Laws of Colorado 2014. For the legislative declaration in HB 19-1319, see section 1 of chapter 200, Session Laws of Colorado 2019.