2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 1 - ADMINISTRATIVE ORGANIZATION ACT OF 1968 (§§ 24-1-101 — 24-1-138) › Section 24-1-136.5 - Long-range planning for capital construction, controlled maintenance, capital renewal - policy - heads of principal departments

(1)
The executive director of each department, after consultation with the directors of the subordinate agencies, divisions, or offices within the department, has the authority to prescribe uniform policies, procedures, and standards of space utilization in department facilities, except for office space, for the development and approval of capital construction, controlled maintenance, and capital renewal projects for the department. Nothing in this subsection (1) should be construed to alter the authority of the office of the state architect to prescribe uniform standards for office space pursuant to section
24-30-1303(1)(h)
.
(2)
The executive director shall review facilities master planning and facilities program planning for all capital construction, controlled maintenance, and capital renewal projects on department real property, regardless of the source of funds and shall submit for approval all such facilities master plans and facilities program plans to the office of the state architect for approval as specified in section
24-30-1311
. No capital construction, controlled maintenance, or capital renewal shall commence except in accordance with an approved facilities master plan, facilities program plan, and physical plan.
(3)
The executive director shall ensure conformity of facilities master planning with approved department operational master plans, facilities program plans with approved facilities master plans, and physical plans with approved facilities program plans.
(4)
Plans for any capital construction, controlled maintenance, or capital renewal project for the department are subject to the approval of the executive director, regardless of the source of funds. The executive director may exempt any project which requires less than five hundred thousand dollars of state moneys from the requirements for master planning and program planning.
(5)
The executive director shall annually request from the director of each subordinate agency, division, or office within the department a five-year projection of any capital construction, controlled maintenance, and capital renewal projects. The projection must include the estimated cost, the method of funding, a schedule for project completion, and the director's priority for each project. The executive director shall determine whether a proposed project is consistent with operational master planning and facilities master planning of the department and conforms to space utilization standards established pursuant to subsection (1) of this section and section
24-30-1303(1)(h)
.
(6)
(a)
The executive director shall annually establish a department five-year capital construction, controlled maintenance, and capital renewal plan coordinated with department operational master plans and facilities master plans and forward the five-year plan to the office of the state architect for review as required in section
24-30-1311
.
(b)
The executive director shall transmit to the office of the state architect, consistent with the executive budget timetable, a recommended priority of funding of capital construction, controlled maintenance, and capital renewal projects for the department.
(c)
Except as provided in subsection (4) of this section, it is the policy of the general assembly to appropriate funds only for projects approved by the office of the state architect.
(7)
Any acquisition or utilization of real property by a department that is conditional upon or requires expenditures of state funds or federal funds is subject to the approval of the executive director and the office of the state architect, regardless of whether the acquisition is by lease, financed purchase of an asset, certificate of participation, purchase, gift, or otherwise.
(8)
Prior to approving the facilities master plan and facilities program plan for any capital construction, controlled maintenance, or capital renewal project to be constructed, operated, and maintained solely from fees, gifts and bequests, grants, revolving funds, or a combination of such sources, the executive director shall request and consider recommendations from the office of the state architect.
(9)
This section does not apply to the department of higher education, nor should it be construed to alter the duties of the Colorado commission on higher education set forth in section
23-1-106
, C.R.S.
(10)
As used in this section, unless the context otherwise requires:
(a)
"Capital construction" has the same meaning as set forth in section
24-30-1301(2)
.
(b)
"Capital renewal" has the same meaning as set forth in section
24-30-1301(3)
.
(c)
"Controlled maintenance" has the same meaning as set forth in section
24-30-1301(4)
, including the limitations specified in section
24-30-1303.9
.
(d)
"Facility" has the same meaning as set forth in section
24-30-1301(8)
.
(e)
"Real property" has the same meaning as set forth in section
24-30-1301(15)
.
Amended by 2021 Ch. 325,§30, eff. 7/1/2021.
Amended by 2015 Ch. 296,§16, eff. 6/5/2015.
Amended by 2014 Ch. 378,§36, eff. 6/6/2014.
L. 94: Entire section added, p. 561, § 2, effective April 6. L. 95: (1) amended, p. 639, § 28, effective July 1. L. 2007: (4) amended, p. 868, § 1, effective May 14. L. 2014: Entire section amended, (HB 14-1387), ch. 1836, p. 1836, § 36, effective June 6. L. 2015: (1), (2), (6), (7), and (8) amended, (SB 15-270), ch. 296, p. 1217, § 16, effective June 5.
(1) For the legislative declaration contained in the 1995 act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995. (2) For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.