Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0324.01 Esther van Mourik x4215HOUSE BILL 12-1011 HOUSE SPONSORSHIP Brown, Sonnenberg, Vigil SENATE SPONSORSHIP Bacon, Renfroe, Schwartz House Committees Senate Committees Finance A BILL FOR AN ACT Concerning the codification of the fifteen-year rule for controlled maintenance funding eligibility for state facilities. 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://www.leg.state.co.us/billsummaries.) Capital Development Committee. The bill codifies the 15-year rule for requesting controlled maintenance funding for: Any new construction of, addition to, renovation of, or corrective repair or replacement of any state-owned, general-funded building or other physical facility; and Any acquisition of a state-owned, general-funded building or other physical facility. If a state agency or state institution of higher education requires a waiver of these eligibility requirements, the state agency or state institution of higher education must submit in writing a justification of special consideration to the state architect, and the capital development committee must approve the justification. The bill allows the state architect to use moneys in the newly created emergency controlled maintenance account for emergency controlled maintenance funding when the need for such funding is communicated in writing to the state architect by a state agency or state institution of higher education. The state architect must annually provide a status report to the capital development committee that shows spending for emergency controlled maintenance projects from that account. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 24-30-1303.9 as follows: 24-30-1303.9. Fifteen-year eligibility requirement for state controlled maintenance funding - legislative declaration. (1) The general assembly hereby finds, determines, and declares that a fifteen-year eligibility rule for controlled maintenance funding for state-owned, general-funded buildings or other physical facilities has been commonly applied since the 2002-03 state fiscal year. This section codifies the fifteen-year rule into law and is intended to be applied to all eligible buildings or physical facilities in the state's inventory. (2) (a) The eligibility for controlled maintenance funding for any new construction, renovation, or corrective repair or replacement of any state-owned, general-funded building or other physical facility is as follows: (I) Any new state-owned, general-funded building or other physical facility funded through a capital construction appropriation is eligible for controlled maintenance funding when a minimum of fifteen years has elapsed from the date of substantial completion of the capital construction project. (II) Any new addition to an existing state-owned, general-funded building or other physical facility funded through a capital construction appropriation is eligible for controlled maintenance funding for any portion of the new addition when a minimum of fifteen years has elapsed from the date of substantial completion of the capital construction project for the new addition. (III) A partial or total renovation of an existing state-owned, general-funded building or other physical facility funded through a capital construction appropriation is eligible for controlled maintenance funding for any portion of the renovation when a minimum of fifteen years has elapsed from the date of substantial completion of the capital construction project for the renovation. (IV) Any corrective repairs or replacements made to an existing state-owned, general-funded building or other physical facility funded through a capital construction appropriation is eligible for controlled maintenance funding for any portion of the corrective repair or replacement project when a minimum of fifteen years has elapsed from the date of substantial completion of the capital construction project for the corrective repair or replacement. (b) The office of the state architect shall determine the date of substantial completion of a capital construction project. (3) Unless specifically exempted by law, the eligibility for controlled maintenance funding for any acquisition of a state-owned, general-funded building or other physical facility is as follows: (a) Any state-owned, general-funded building or other physical facility acquired through a capital construction appropriation is eligible for controlled maintenance funding when a minimum of fifteen years has elapsed from the date the state took title to the property. The state agency or state institution of higher education shall review the condition of the building or other physical facility and shall submit a condition assessment to the office of the state architect prior to the acquisition. A plan to fund all costs required for corrective repairs or replacement shall be determined and factored into the acquisition. (b) Any state-owned, general-funded building or other physical facility acquired through any means other than a capital construction appropriation is eligible for controlled maintenance funding when a minimum of fifteen years has elapsed from the date the state took title to the property. The state agency or state institution of higher education shall review the condition of the building or other physical facility and shall submit a condition assessment to the office of the state architect prior to the acquisition. A plan to fund all costs required for corrective repairs or replacement shall be determined and factored into the acquisition. (4) Any state agency or state institution of higher education with a state-owned, general-funded building or other physical facility that may require special consideration for a waiver of the eligibility requirements specified in this section shall submit in writing a justification to the state architect. Upon receipt of such a written justification, the state architect shall review the need for special consideration and, if he or she determines that special consideration is appropriate, shall seek approval from the capital development committee. The state architect shall communicate the capital development committee's decision to the state agency or state institution of higher education. If approval is granted, the state agency or state institution of higher education will be eligible to request controlled maintenance funding in the subsequent state fiscal year. (5) Notwithstanding the eligibility requirements specified in this section, if a need arises for emergency controlled maintenance funding, the state agency or state institution of higher education shall communicate such need to the state architect in writing, and the state architect, in his or her discretion, may use moneys in the emergency controlled maintenance account created in section 24-75-302 (3.2) to fund such emergency controlled maintenance need. The state architect shall annually provide an emergency controlled maintenance funding status report to the capital development committee that shows spending for emergency controlled maintenance projects from the emergency controlled maintenance account. SECTION 2. In Colorado Revised Statutes, 24-75-302, add (3.2) as follows: 24-75-302. Capital construction fund - capital assessment fees - calculation. (3.2) There is hereby created a special account within the capital construction fund established pursuant to subsection (1) of this section to be known as the "emergency controlled maintenance account". The account shall consist of any moneys appropriated to the account by the general assembly. The moneys in the account shall be subject to annual appropriation and shall be used only to fund any unplanned and immediate controlled maintenance needs. All moneys unexpended or unencumbered in any fiscal year shall remain in the account. SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.