(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:
(I) The office of the state architect on the approved and unapproved facility
management plans 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.;
(II) 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.;
(III) The parks and wildlife commission in the department of natural
resources on the acquisition 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 33-1-105.5 (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 any requests submitted by 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), specifically for such purpose. On or before October 1 of each year, the
transportation commission may 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. If the transportation commission submits a request, the capital
development committee shall determine from the submitted request 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, housing, and local government committee in the house of
representatives, and the transportation and energy committee in the senate, or any
successor committees. Projects on the list submitted by the transportation
commission by October 1 or on an amended list submitted as provided in this
subsection (1)(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.)
(b) 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;
(c) To make determinations, pursuant to rule 45 of the joint rules of the
senate and the house 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;
(d) 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.
(e) Repealed.
(f) To review the annual capital construction and maintenance requests from
the chief information officer of the office of information technology regarding the
public safety communications trust fund created pursuant to section 24-33.5-2510;
(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) Repealed.
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. L. 2022: (1)(f)
amended, (HB 22-1353), ch. 479, p. 3497, � 5, effective July 1, 2023. L. 2024: (3)
repealed, (SB 24-178), ch. 108, p. 336, � 1, effective August 7. L. 2025: (1)(a.5)
amended, (HB 25-1313), ch. 405, p. 2308, � 2, effective August 6.