(1) Within the
counties of Adams, Arapahoe, Boulder, Douglas, Pueblo, El Paso, and Jefferson, the
city and county of Broomfield, and the city and county of Denver, and within any
other areas in the state of Colorado where central services are offered, the
department of personnel shall perform the following functions for the executive
branch of the state of Colorado, its departments, institutions, and agencies, under
the direction of the executive director:
(a) Formulate, in consultation with state departments, institutions, and
agencies, recommendations for a strategic plan for approval of the executive
director of the department of personnel and the governor no later than January 1 of
2005 and every five years thereafter;
(b) Review all existing and future services, service applications, software
related to services, planning systems, personnel, equipment, and facilities and
establish priorities for those that are necessary and desirable to accomplish the
purposes of this part 11;
(c) Establish procedures and standards for management of service functions
set forth in this part 11 for all state departments, institutions, and agencies;
(d) Establish and maintain facilities as needed to carry out the duties set
forth in this part 11, including but not limited to those listed;
(e) (Deleted by amendment, L. 2004, p. 306, � 3, effective August 4, 2004.)
(f) Advise the governor and the general assembly on central services
matters;
(g) Prepare and submit such reports as are required by this part 11 or which
the governor or the general assembly may request;
(h) Approve or disapprove the acquisition of services, service equipment, and
software related to services by any state department, institution, or agency and
approve, modify, or disapprove the staffing pattern for service operations by any
state department, institution, or agency in accordance with the approved plan;
(i) Continually study and assess service operations and needs of state
departments, institutions, and agencies;
(j) Provide services, equipment, and facilities as required pursuant to this
part 11 for state departments, institutions, and agencies according to their needs;
(k) Establish, in consultation with other state departments, institutions, and
agencies, techniques and standards for microfilm, digital imaging, and digital
conversion and evidentiary certification of photographs, microphotographs, or
reproductions;
(l) Notify state agencies through written statements, which may include
electronic statements, prepared by the department of personnel that state
agencies may obtain goods and services directly from the private sector, if the cost
and quality of such goods or services offered by the private sector are competitive
with those provided by the department of personnel;
(m) Offer services to any state institution of higher education that chooses to
purchase such services. When an institution of higher education intends to
purchase a service provided by the department, the institution shall include the
department in any solicitation or vendor qualification process for the service.
Whenever practicable, institutions of higher education shall seek partnerships with
the department for the purpose of procuring services at a cost savings to the
institution and the state.
(1.5) The department of personnel shall establish a rule providing for a
waiver to a state agency of subsection (1) of this section when the state agency can
procure the services described in this part 11 at a net cost savings to the state.
(2) In addition to the county-specific functions set forth in subsection (1) of
this section, the department of personnel shall take such steps as are necessary to
fully implement a central state motor vehicle fleet system by January 1, 1993. The
provisions of the motor vehicle fleet system created pursuant to this subsection (2)
apply to the executive branch of the state of Colorado, its departments, its
institutions, and its agencies; except that the governing board of each institution of
higher education, by formal action of the board, and the Colorado commission on
higher education, by formal action of the commission, may elect to be exempt from
the provisions of this subsection (2) and may obtain a motor vehicle fleet system
independent of the state motor vehicle fleet system. Under the direction of the
executive director, the department of personnel shall perform the following
functions pertaining to the motor vehicle fleet system throughout the state:
(a) Establish and operate a central state motor vehicle fleet system and such
subsidiary-related facilities as are necessary to provide for the efficient and
economical use of state-owned motor vehicles by state officers and employees;
(b) Establish and operate central facilities for the maintenance, repair, and
storage of state-owned passenger motor vehicles for the use of state agencies;
utilize any available state facilities for that purpose; and enter into contracts with
such facilities as are necessary to carry out the provisions of this part 11;
(c) (I) Adopt uniform rules for motor vehicle acquisition, operation,
maintenance, repair, and disposal standards. Uniform rules adopted by the
executive director of the department of personnel pertaining to acquisition of
motor vehicles by lease or purchase shall provide that low energy consumption
shall be a favorable factor in determining the low responsible bidder. The size of
any passenger motor vehicle shall not be greater than necessary to accomplish its
purpose.
(II) By January 1, 2008, the executive director shall adopt a policy to
significantly increase the utilization of alternative fuels and that establishes
increasing utilization objectives for each following year. To encourage compliance
with this policy, the rules promulgated pursuant to this subsection (2)(c) may
establish progressively more stringent percentage mileposts and, for fiscal years
commencing after July 1, 2004, require the collection of data concerning the annual
percentage of state-owned bi-fueled vehicles that were fueled exclusively with an
alternative fuel. For the years commencing on January 1, 2008, and January 1, 2009,
the executive director shall purchase flexible fuel vehicles or hybrid vehicles,
subject to availability, unless the increased cost of such vehicle is more than ten
percent over the cost of a comparable dedicated petroleum fuel vehicle. Beginning
on January 1, 2010, the executive director shall purchase motor vehicles that
operate on compressed natural gas, plug-in hybrid electric vehicles, or vehicles that
operate on other alternative fuels, subject to their availability and the availability of
adequate fuel and fueling infrastructure, if either the increased base cost of such
vehicle or the increased life-cycle cost of such vehicle is not more than ten percent
over the cost of a comparable dedicated petroleum fuel vehicle. The executive
director shall adopt a policy to allow some vehicles to be exempted from this
requirement. Notwithstanding section 24-1-136 (11)(a)(I), the executive director or
the director's designee shall submit an annual report to the transportation
committees of the senate and the house of representatives, or any successor
committees, and the joint budget committee of the general assembly, detailing the
items specified in subsection (2)(c)(V) of this section. As used in this subsection
(2)(c)(II):
(A) Flexible fuel vehicle means any dedicated flexible-fuel or dual-fuel
vehicle designed to operate on at least one alternative fuel.
(B) Hybrid vehicle means a motor vehicle with a hybrid propulsion system
that uses an alternative fuel by operating on both an alternative fuel, including
electricity, and a traditional fuel.
(III) For purposes of this subsection (2)(c):
(A) Alternative fuel means compressed natural gas, propane, ethanol, or
any mixture of ethanol containing eighty-five percent or more ethanol by volume
with gasoline or other fuels, electricity, or any other fuels, which fuels may include,
but are not limited to, clean diesel and reformulated gasoline so long as these other
fuels make comparable reductions in carbon monoxide emissions and brown cloud
pollutants as determined by the air quality control commission created in section
25-7-104. Alternative fuel does not include any fuel product, as defined in section
25-7-139 (3)(c), that contains or is treated with methyl tertiary butyl ether (MTBE).
(B) Bi-fueled vehicle means a motor vehicle, which may be purchased to
comply with applicable federal requirements including, but not limited to, the
federal Energy Policy Act of 1992, 42 U.S.C. sec. 13257, and 42 U.S.C. sec. 7587,
that can operate on both an alternative fuel and a traditional fuel or that can
operate alternately on a traditional fuel and an alternative fuel.
(C) Biodiesel means fuel composed of mono-alkyl esters of long chain fatty
acids derived from plant or animal matter that meet ASTM specifications and that is
produced in Colorado.
(D) Life-cycle cost means the purchase cost of a vehicle minus the resale
value at the end of the vehicle's expected useful life, in addition to the fuel,
operating, and maintenance costs incurred during the vehicle's expected useful
life. Fuel costs per mile traveled shall be calculated based on the reference case
projections published by the United States energy information administration for
the expected useful life of the vehicle. The expected useful life of a vehicle shall be
the standard that is set by the state fleet management program for analysis and
life-cycle costing purposes.
(IV) (A) By January 1, 2007, the director shall adopt a policy that all state-owned diesel vehicles and equipment shall be fueled with a fuel blend of twenty
percent biodiesel and eighty percent petroleum diesel, subject to availability and so
long as the price is no greater than ten cents more per gallon than the price of
diesel fuel. The director shall provide for the proper administration, implementation,
and enforcement of the policy.
(B) Repealed.
(V) Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1,
2013, and each November 1 thereafter, the executive director or the director's
designee shall submit a report to the general assembly as specified in subsection
(2)(c)(II) of this section. The report must include, but need not be limited to, the
following:
(A) The number of vehicles that the executive director or the director's
designee purchased since January 1, 2008, for the motor vehicle fleet system that
operate on compressed natural gas and other alternative fuels;
(B) An estimate of the number of dedicated petroleum fuel vehicles that the
executive director or the director's designee purchased for the motor vehicle fleet
system since January 1, 2008, instead of a vehicle that operates on compressed
natural gas or other alternative fuel because the base cost or life-cycle cost of the
compressed natural gas vehicle or other alternative fuel vehicle was more than ten
percent over the cost of a comparable dedicated petroleum fuel vehicle;
(C) An explanation of the availability of adequate fuel and fueling
infrastructure in the state for compressed natural gas vehicles and other
alternative fuel vehicles and whether limited availability of fuel or fueling
infrastructure contributes to the purchase of dedicated petroleum fuel vehicles for
the motor vehicle fleet system instead of vehicles that operate on compressed
natural gas and other alternative fuels;
(D) A summary of the policy that allows the executive director to exempt
some vehicles from the requirement to purchase vehicles that operate on
compressed natural gas and the percentage of dedicated petroleum fuel vehicles
that the director purchased pursuant to this exemption;
(E) A summary of the administrative procedures or policies in place within
the department, if any, that are intended to facilitate the purchase of vehicles that
operate on compressed natural gas and other alternative fuels;
(F) The executive director's suggested changes to the requirements and
limitations of subparagraph (II) of this paragraph (c) or other state law that would
facilitate the gradual conversion of the motor vehicle fleet system to vehicles that
operate on compressed natural gas and other alternative fuels, allow the state to
account for the benefit of reduced emissions from vehicles that operate on
compressed natural gas and other alternative fuels in its analysis regarding the
purchase of such vehicles, and enable the department to provide the best value to
the state in the motor vehicle fleet system while purchasing vehicles that operate
on compressed natural gas and other alternative fuels; and
(G) A plan for putting in place the infrastructure necessary to support
vehicles in the state's motor vehicle fleet system that operate on compressed
natural gas and other alternative fuels.
(d) (I) Require that all state agencies transfer custody of certificates of title
to all state-owned motor vehicles that are owned by such agencies to the
department of personnel for the purpose of compiling complete data on all motor
vehicles owned by the state;
(II) Require that all motor vehicles presently owned by state agencies be
entered into the state fleet management program. Per-mile costs for the program
shall be determined by criteria established by the department of personnel.
(III) (Deleted by amendment, L. 96, p. 1498, � 10, effective June 1, 1996.)
(IV) Require that any department, institution, or agency of the executive
branch of the state that owns, operates, or controls vehicles that are not part of the
central state motor vehicle fleet system provide the department of personnel with
information requested by the department for the purpose of compiling complete
data on all motor vehicles owned by the state.
(e) Require that all vehicles purchased after July 1, 1992, shall be owned by
the department of personnel and leased and permanently assigned to state
agencies. Purchases shall be based on specifications as requested by the state
agency in cooperation and consultation with the department of personnel and the
motor vehicle advisory council.
(f) Maintain, store, repair, dispose of, and replace state-owned motor
vehicles under the control of the department of personnel. The department of
personnel shall ensure that state-owned motor vehicles are not routinely replaced
until they meet the replacement criteria relating to mileage, cost, safety, and other
relevant factors established by the department.
(g) Establish and maintain a centralized record-keeping system for the
acquisition, operation, maintenance, repair, and disposal of all motor vehicles in the
fleet;
(h) Assign suitable transportation, either on a temporary or permanent basis
to any state agency upon: Proper requisition; proper showing of need for use on
authorized state business; or approved commuting as provided in section 24-30-1113;
(i) Establish and maintain a record-keeping system for the assignment and
use of each vehicle in the motor fleet, which shall include:
(I) Verification from the executive director of a state agency or the executive
director's designee that any employee driving a state vehicle has a valid driver's
license;
(II) A statement of the authorized state business or other approved purpose
for which the vehicle is assigned;
(III) Any other information which the director determines is necessary to
carry out the purposes and provisions of this part 11;
(j) (Deleted by amendment, L. 2004, p. 306, � 3, effective August 4, 2004.)
(k) Allocate and charge against each state agency to which transportation is
furnished, on the basis of mileage or on the basis of the period of time for which
each vehicle is assigned to the agency, its proportionate part of the cost of
maintenance and operation of the motor vehicle fleet;
(l) Enforce such rules and regulations as may be adopted by the director
pursuant to the provisions of this part 11;
(m) Delegate or conditionally delegate to the respective heads of agencies
to which state-owned motor vehicles are permanently assigned such duties as may
be designated by the director for the enforcement of all or part of the rules and
regulations adopted by the department of personnel;
(n) Require state agencies, officers, and employees to keep all records and
make all reports regarding state-owned motor vehicle use as provided in rules and
regulations adopted by the department of personnel;
(o) (Deleted by amendment, L. 2004, p. 306, � 3, effective August 4, 2004.)
(p) Negotiate and enter into contracts for the purchase or lease of such
personal property as is deemed necessary to achieve the purposes and provisions
of this part 11;
(q) Adopt an annual operating budget;
(r) Supervise and be responsible for the expenditure of moneys appropriated
to carry out the purposes and provisions of this part 11;
(s) Exercise any other powers or perform any other duties that are
reasonably necessary for the fulfillment of the powers and duties assigned to the
department of personnel pursuant to this part 11; and
(t) Require that the federal environmental protection agency mile-per-gallon
rating for all motor vehicles purchased for the state-owned motor vehicle fleet on
or after January 1, 2007, meet or exceed the average fuel efficiency standards as
established pursuant to the federal Energy Policy and Conservation Act, 15 U.S.C.
sec. 2001, et seq., recodified as 49 U.S.C. sec. 32901 et seq.
(3) Repealed.
(4) In addition to any other duties imposed by this section, the department of
personnel shall establish and maintain a program for parking permits and building
and grounds maintenance for the state capitol buildings group pursuant to part 1 of
article 82 of this title.