C.R.S. Section 23-1-106
Duties and powers of the commission with respect to capital construction and long-range planning

  • legislative declaration
  • report
  • definitions

(1)

Except as permitted by subsection (9) of this section, it is declared to be the policy of the general assembly not to authorize any activity requiring capital construction or capital renewal for state institutions of higher education unless approved by the commission.

(2)

The commission shall, after consultation with the appropriate governing boards of the state institutions of higher education and the appropriate state agencies, have authority to prescribe uniform policies, procedures, and standards of space utilization for the development and approval of capital construction or capital renewal programs by institutions.

(3)

The commission shall review and approve facility master plans for all state institutions of higher education on land owned or controlled by the state or an institution and capital construction or capital renewal program plans for projects other than those projects described in subsection (9) of this section. The commission shall forward the approved facility master plans to the office of the state architect. Except for those projects described in subsection (9) of this section, no capital construction or capital renewal shall commence except in accordance with an approved facility master plan and program plan.

(4)

The commission shall ensure conformity of facilities master planning with approved educational master plans and facility program plans with approved facilities master plans.

(5)

Intentionally left blank —Ed.

(a)

The commission shall approve plans for any capital construction or capital renewal project at any state institution of higher education regardless of the source of funds; except that the commission need not approve plans for any capital construction or capital renewal project at a local district college or area technical college or for any capital construction or capital renewal project described in subsection (9) of this section.

(b)

The commission may except from the requirements for program and physical planning any project that requires two million dollars or less if the capital construction project is for new construction and funded solely from cash funds held by the institution or the project is funded through the higher education revenue bond intercept program established pursuant to section 23-5-139, or ten million dollars or less if the project is not for new construction and is funded solely from cash funds held by the institution.

(6)

Intentionally left blank —Ed.

(a)

The commission shall request annually from each governing board of each state institution of higher education a five-year projection of capital construction or capital renewal projects to be constructed but not including those projects described in subsection (9) of this section. The projection must include the estimated cost, the method of funding, a schedule for project completion, and the governing board-approved priority for each project. The commission shall determine whether a proposed project is consistent with the role and mission and master planning of the institution and conforms to standards recommended by the commission.

(b)

The commission shall request annually from the governing board of each state institution of higher education a two-year projection of capital construction projects to be undertaken pursuant to subsection (9) of this section and estimated to require total project expenditures exceeding two million dollars if the capital construction project is for new acquisitions of real property or new construction and funded solely from cash funds held by the institution or the project is funded through the higher education revenue bond intercept program established pursuant to section 23-5-139, or exceeding ten million dollars if the project is not for new acquisitions of real property or new construction and is funded solely from cash funds held by the institution. The projection must include the estimated cost, the method of funding, and a schedule for project completion for each project. A state institution of higher education shall amend the projection prior to commencing a project that is not included in the institution’s most recent projection.

(7)

Intentionally left blank —Ed.

(a)

The commission annually shall prepare a unified, five-year capital improvements report of projects to be constructed, but not including those capital construction or capital renewal projects to be undertaken pursuant to subsection (9) of this section, coordinated with education plans. Notwithstanding section 24-1-136 (11)(a)(I), the commission shall transmit the report to the office of state planning and budgeting, the office of the state architect, the capital development committee, and the joint budget committee, consistent with the executive budget timetable, together with a recommended priority of funding of capital construction or capital renewal projects for the system of public higher education. The commission shall annually transmit the recommended priority of funding of capital construction or capital renewal projects to the capital development committee no later than November 1 of each year.

(b)

Except as provided in subsections (5) and (15) of this section, it is the policy of the general assembly to appropriate funds only for capital construction or capital renewal projects approved by the commission.
(c)(I)(A) The commission annually shall prepare a unified, two-year report for capital construction or capital renewal projects described in subsection (9) of this section that are not for new acquisitions of real property or new construction and are estimated to require total project expenditures exceeding ten million dollars, coordinated with education plans. The commission shall transmit the report to the office of state planning and budgeting, the governor, the capital development committee, and the joint budget committee, consistent with the executive budget timetable.

(B)

The commission annually shall prepare a unified, two-year report for capital construction projects for new acquisitions of real property or for new construction, estimated to require total project expenditures exceeding two million dollars, coordinated with education plans. The commission shall transmit the report to the office of state planning and budgeting, the governor, the capital development committee, and the joint budget committee, consistent with the executive budget timetable.

(II)

Intentionally left blank —Ed.

(A)

The commission shall submit the two-year projections prepared by each state institution of higher education for each two-year period to the office of state planning and budgeting and the capital development committee. The capital development committee shall conduct a hearing in each regular legislative session on the projections and either approve the projections or return the projections to the state institution of higher education for modification. The commission and the office of state planning and budgeting shall provide the capital development committee with comments concerning each projection.

(B)

A state institution of higher education may submit to the staff of the capital development committee, the commission, and the office of state planning and budgeting an amendment to its approved two-year projection. The capital development committee shall conduct a hearing on the amendment within thirty days after submission during a regular legislative session of the general assembly or within forty-five days after submission during any period that the general assembly is not in regular legislative session. The capital development committee shall either approve the projections or return the projections to the state institution of higher education for modification. The commission and the office of state planning and budgeting shall provide the capital development committee with comments concerning each amendment.

(8)

Repealed.

(9)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (d) of this subsection (9), a capital construction or capital renewal project for an auxiliary facility initiated by the governing board of a state institution of higher education that is contained in the most recent two-year projection approved pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this section, as the projection may be amended from time to time, and that is to be acquired or constructed and operated and maintained solely from cash funds held by the institution is not subject to additional review or approval by the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee; except that, if the capital construction or capital renewal project for an auxiliary facility is to be acquired or constructed in whole or in part using moneys subject to the higher education revenue bond intercept program established pursuant to section 23-5-139, then the governing board of a state institution of higher education must obtain approval from the general assembly as specified in that section.

(b)

Except as provided in paragraph (d) of this subsection (9), a capital construction or capital renewal project for an academic facility initiated by the governing board of a state institution of higher education that is contained in the most recent two-year projection approved pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this section, as the projection may be amended from time to time, and that is to be acquired or constructed solely from cash funds held by the institution and operated and maintained from such funds or from state moneys appropriated for such purpose, or both, is not subject to additional review or approval by the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee; except that, if the capital construction or capital renewal project for an academic facility is to be acquired or constructed in whole or in part using moneys subject to the higher education revenue bond intercept program established pursuant to section 23-5-139, then the governing board of a state institution of higher education must obtain approval from the general assembly as specified in that section. Any capital construction or capital renewal project subject to this paragraph (b) must comply with the high performance standard certification program established pursuant to section 24-30-1305.5, C.R.S.

(c)

Each governing board shall ensure, consistent with its responsibilities as set forth in section 5 (2) of article VIII of the state constitution, that a capital construction or capital renewal project initiated pursuant to this subsection (9) is in accordance with its institution’s mission, be of a size and scope to provide for the defined program needs, and be designed in accordance with all applicable building codes and accessibility standards.
(d)(I)(Deleted by amendment, L. 2016.)(II) A plan for a capital construction or capital renewal project is not subject to review or approval by the commission if such project is:

(A)

Estimated to require total expenditures of two million dollars or less if the capital construction project is for new acquisitions of real property or for new construction and funded solely from cash funds held by the institution or the project is funded through the higher education revenue bond intercept program established pursuant to section 23-5-139; or

(B)

Estimated to require total expenditures of ten million dollars or less if the project is not for new acquisitions of real property or for new construction and is funded solely from cash funds held by the institution.

(e)

A capital construction or acquisition project approved and appropriated prior to January 1, 2010, may be contained in the most recent unified two-year capital improvements project projection approved pursuant to subparagraph (II) of paragraph (c) of subsection (7) of this section. The projection may be amended from time to time and is not subject to additional review or approval by the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee.

(f)

The governing board of a state institution of higher education that enters into an agreement to lease a building from a school district, as authorized in section 22-32-110 (1)(f.5), C.R.S., shall notify the capital development committee of the existence of the agreement and provide to the committee a summary of the terms of the agreement.

(10)

Repealed.
(10.2)(a)(I) Notwithstanding any law to the contrary and except as provided in subsection (10.2)(a)(III) of this section, all academic facilities acquired or constructed, or an auxiliary facility repurposed for use as an academic facility, solely from cash funds held by the state institution of higher education and operated and maintained from such cash funds or from state money appropriated for such purpose, or both, including, but not limited to, those facilities described in subsection (9)(b) of this section, that did not previously qualify for state controlled maintenance funding will qualify for state controlled maintenance funding, subject to funding approval by the capital development committee and the eligibility guidelines described in section 24-30-1303.9.

(II)

For purposes of this subsection (10.2)(a), the eligibility for state controlled maintenance funding commences on the date of the acceptance of the construction or repurposing of the facility or the closing date of any acquisition. The date of the acceptance of construction or repurposing shall be determined by the office of the state architect.

(III)

If an academic facility is acquired or constructed, or if an auxiliary facility is repurposed for use as an academic facility, solely from cash funds held by the state institution of higher education and operated and maintained from such cash funds, then as of the date of the acceptance of construction or repurposing that occurs on or after July 1, 2018, the facility is not eligible for controlled maintenance funding.

(b)

Intentionally left blank —Ed.

(I)

The general assembly hereby finds, determines, and declares that the classification of facilities as academic facilities or auxiliary facilities can be difficult, and such classifications often change as academic needs, student needs, and new construction and design practices emerge. Therefore, the office of the state architect, in collaboration with the department of higher education and the office of state planning and budgeting, shall develop guidelines in order to assist such classification. The guidelines shall be annually reviewed and approved by the capital development committee. The guidelines must address the following two factors that have historically been considered when classifying academic facilities and auxiliary facilities:

(A)

The funding source for the facility; and

(B)

The nature and use of the facility.

(II)

The guidelines established pursuant to this paragraph (b) must use the definitions set forth in subsection (10.3) of this section.

(10.3)

As used in this section, unless the context otherwise requires:

(a)

“Academic facility” means any facility, including any supporting utility infrastructure and site improvements, that is central to the role and mission of each state institution of higher education as set forth in this title. Examples include, but are not limited to, classrooms, libraries, and administrative buildings.

(b)

“Auxiliary facility” means any facility, including any supporting utility infrastructure and site improvements, funded from an auxiliary source such as housing or parking revenue or any facility that has been historically managed as an auxiliary facility and is accounted for in financial statements of state institutions of higher education as a self-supporting facility. Examples include, but are not limited to, housing facilities, dining facilities, recreational facilities, and student activities facilities.

(c)

“Capital construction” has the same meaning as set forth in section 24-30-1301 (2), C.R.S.

(d)

“Capital renewal” has the same meaning as set forth in section 24-30-1301 (3), C.R.S.

(e)

“Facility” has the same meaning as set forth in section 24-30-1301 (8), C.R.S.

(e.5)

“Real property” has the same meaning as set forth in section 24-30-1301 (15), C.R.S.

(f)

“State institution of higher education” means a state institution of higher education as defined in section 23-18-102 (10), and the Auraria higher education center created in article 70 of this title.

(10.5)

Intentionally left blank —Ed.

(a)

For any project subject to subsection (9) of this section, if, after commencement of construction, the governing board of the state institution of higher education receives an additional gift, grant, or donation for the project, the governing board may amend the project without the approval of the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee so long as the governing board notifies the commission, the office of state planning and budgeting, the capital development committee, and the joint budget committee in writing, explaining how the project has been amended and verifying the receipt of the additional gift, grant, or donation.

(b)

For any project subject to subsection (9) of this section, the governing board may enhance the project in an amount not to exceed fifteen percent of the original estimate of the cost of the project without the approval of the commission, the office of state planning and budgeting, the capital development committee, or the joint budget committee so long as the governing board notifies the commission, the office of state planning and budgeting, the capital development committee, and the joint budget committee in writing, explaining how the project has been enhanced and the source of the moneys for the enhancement.

(c)

For any project subject to subsection (9) of this section, the governing board of the state institution of higher education implementing the project is not required to submit for the project quarterly expenditure reports as described in section 24-30-204 (2), C.R.S. The governing board shall submit for the project annual expenditure reports as required in section 24-30-204 (1), C.R.S.

(11)

Intentionally left blank —Ed.

(a)

Each state institution of higher education shall submit to the commission on or before September 1 of each year a list and description of each project for which an expenditure was made during the immediately preceding fiscal year that:

(I)

Was not subject to review by the commission pursuant to subsection (9) of this section;

(II)

Repealed.

(III)

Was estimated to require total expenditures of two million dollars or less if the capital construction project is for new acquisitions of real property or for new construction and was funded solely from cash funds held by the institution or the project was funded through the higher education revenue bond intercept program established pursuant to section 23-5-139, or was estimated to require total expenditures of ten million dollars or less if the project was not for new acquisitions of real property or for new construction and was funded solely from cash funds held by the institution; or

(IV)

Was amended or enhanced after commencement of construction pursuant to subsection (10.5) of this section.

(b)

Notwithstanding section 24-1-136 (11)(a)(I), the commission shall submit a compilation of the projects to the office of the state architect and the capital development committee on or before December 1 of each year.

(12)

Each state institution of higher education shall submit to the commission a facility management plan or update required by section 24-30-1303.5 (3.5), C.R.S. The commission shall review the facility management plan or update and make recommendations regarding it to the office of the state architect.
(13)(Deleted by amendment, L. 2014.)(14) With the commission’s approval, beginning July 1, 2017, a state institution of higher education is not subject to facility master plan approval described in subsections (3) and (4) of this section, so long as the governing board of the institution approves each plan, notifies the commission of its approval, and makes the plan available to the commission. Such institution is also exempt from the provisions of subsection (5) of this section for a project the cost of which does not exceed two million dollars.

(15)

With the commission’s approval, beginning July 1, 2017, and notwithstanding the provisions of subsection (7)(b) of this section, a state institution of higher education is not required to submit projects for facilities to the commission for approval pursuant to subsection (6)(b) of this section so long as the institution annually submits a report to the capital development committee that is substantially similar in content to the report concerning capital construction projects described in subsection (6)(b) of this section.

Source: Section 23-1-106 — Duties and powers of the commission with respect to capital construction and long-range planning - legislative declaration - report - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑1‑101
Legislative declaration
23‑1‑101.1
Definitions
23‑1‑102
Commission established - terms of office
23‑1‑103
Advisory committee to the Colorado commission on higher education
23‑1‑104
Financing the system of postsecondary education - report
23‑1‑105
Duties and powers of the commission with respect to appropriations
23‑1‑105.5
Duties and powers of the commission with respect to student fees - report on tuition and fees
23‑1‑106
Duties and powers of the commission with respect to capital construction and long-range planning - legislative declaration - report - definitions
23‑1‑106.3
Duties and powers of the commission - capital construction projects - federal mineral lease revenues fund - higher education institutions financed purchase of an asset cash fund
23‑1‑106.7
Duties and powers of the department with respect to technology transfers
23‑1‑107
Duties and powers of the commission with respect to program approval, review, reduction, and discontinuance
23‑1‑108
Duties and powers of the commission with regard to systemwide planning - reporting - definitions
23‑1‑108.5
Duties and powers of the commission with regard to common course numbering system - council of higher education representatives - definitions - repeal
23‑1‑109
Duties and powers of the commission with regard to off-campus instruction - provision of concurrent enrollment programs - legislative declaration - definitions
23‑1‑109.3
Duties and powers of the commission with regard to student data - memorandum of understanding
23‑1‑109.7
Duties and powers of the commission with regard to the provision of educational services
23‑1‑109.8
Duties and powers of the commission with regard to employment first policies
23‑1‑110
Organization, meetings, and staff
23‑1‑112
Tuition - reciprocal agreements
23‑1‑113
Commission directive - admission standards for baccalaureate and graduate institutions of higher education - policy - report - definitions
23‑1‑113.2
Department directive - admission standards for students holding international baccalaureate diplomas - legislative declaration
23‑1‑113.3
Commission directive - developmental education courses - report
23‑1‑113.5
Commission directive - resident admissions - report - definitions
23‑1‑113.7
Commission directive - nursing programs - employer-based gift and scholarship fund - reporting requirement - legislative declaration
23‑1‑119
Department directive - transition between K-12 education system and postsecondary education system
23‑1‑119.1
Department directive - notice of postsecondary educational opportunities and higher education admission guidelines
23‑1‑119.2
Commission directive - notice of college preparatory courses for high school students
23‑1‑119.3
Department directive - exchange of student records
23‑1‑119.5
Online career platform - appropriations from Colorado work force development council
23‑1‑120
Commission directive - incentives for improvement initiative grants
23‑1‑121.2
Department directive - educator preparation pathways - public information
23‑1‑121.7
Commission directive - paraprofessional programs
23‑1‑121.8
Department directive - workgroup on diversity in the educator workforce - duties - recommendations - report - legislative declaration - definitions - repeal
23‑1‑125
Commission directive - student bill of rights - degree requirements - implementation of core courses - competency test - prior learning - prior work-related experience
23‑1‑126
Commission directive - nursing programs
23‑1‑127
Commission directive - regional education providers - criteria
23‑1‑128
Commission directive - American sign language in higher education institutions
23‑1‑129
Commission directive - student loans
23‑1‑131
Commission directive - associate degree completion program - legislative declaration - definitions
23‑1‑131.5
Commission directive - Colorado re-engaged (CORE) initiative - four-year institutions - associate degrees - report - definitions
23‑1‑132
Commission directive - tuition waivers for exonerated persons
23‑1‑133
Commission directive - bachelor of science degree in nursing program - Aims community college - approval
23‑1‑134
Commission directive - open educational resources - course notice - report - definitions
23‑1‑135
Department directive - undergraduate degree and certificate programs - annual return on investment report - definition - repeal
23‑1‑136
Department directive - federal student loan repayment and forgiveness program information
23‑1‑137
Prohibition on use of American Indian mascots - exemptions - definitions
23‑1‑137.5
Tribal regalia at college graduation ceremonies - definitions
23‑1‑139
Department directive - contract for use of online platform for public benefits
23‑1‑140
Commission directive - statewide student success measures - definitions
23‑1‑141
Student success data system - student success data transparency - appropriation - definition - repeal
23‑1‑142
Commission directive - expansion of forestry and wildfire mitigation degree and certificate programs - simulator - legislative declaration - definitions - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 23-1-106’s source at colorado​.gov