Colorado § 24-30-1303.9 - Eligibility for state controlled maintenance funding - legislative declaration.

§ 24-30-1303.9. Eligibility for state controlled maintenance funding - legislative declaration.

(1) The office of the state architect shall develop guidelines in order to establish when real property is eligible for controlled maintenance funding, subject to the limitations set forth in this section. The guidelines must address the timing of such eligibility with respect to the dates on which acquisition, construction, additions, renovations, or corrective repairs of real property occurred.

(2) The guidelines shall be annually reviewed and approved by the capital development committee.

(3) The guidelines shall provide for a waiver of eligibility requirements that a state agency or state institution of higher education may request in writing. If the state architect determines that special consideration is appropriate, he or she shall seek approval from the capital development committee.

(4) The guidelines shall be posted on the website of the office of the state architect.

(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.

(6) Any corrective repairs or replacement as part of a controlled maintenance project must be suitable for retention or use for at least five years.

(7) (a) Controlled maintenance funds may not be used for:

(I) Corrective repairs or replacement of real property and replacement or repair of the fixed or movable equipment necessary for the operation of real property, when such work is funded in a state agency's or state institution of higher education's operating budget;

(II) Auxiliary facilities as defined in section 23-1-106 (10.3);

(III) Leasehold interests in real property;

(IV) Any work properly categorized as capital construction;

(V) Facilities described in section 23-1-106 (10.2)(a)(III); or

(VI) Any real property acquired by a state agency or a state institution of higher education through a financed purchase of an asset or certificate of participation agreement where the financed purchase of an asset or certificate of participation agreement requires authorization set forth in section 24-82-801.

(b) Minor maintenance items shall not be accumulated to create a controlled maintenance project, nor shall minor maintenance work be accomplished as a part of a controlled maintenance project unless the work is directly related to the project.

(8) Notwithstanding this section, controlled maintenance funds may be used for real property leased and operated by the department of human services or the department of corrections.

(9) Notwithstanding this section, controlled maintenance funds may be used for real property that is transferred from the San Juan basin area vocational school to Pueblo community college as part of a merger transaction between the San Juan basin area vocational school and Pueblo community college.

(10) Notwithstanding this section, controlled maintenance funds may be used for academic facility as defined in section 23-1-106 (10.3), C.R.S.

Source: L. 2012: Entire section added, (HB 12-1318), ch. 129, p. 446, § 1, effective August 8. L. 2014: (1) amended and (6) to (10) added, (HB 14-1387), ch. 378, p. 1811, § 6, effective June 6. L. 2017: (7)(a)(II), (7)(a)(III), and (7)(a)(IV) amended and (7)(a)(V) added, (SB 17-267), ch. 267, p. 1441, § 8, effective May 30. L. 2018: (7)(a)(IV) and (7)(a)(V) amended and (7)(a)(VI) added, (HB 18-1374), ch. 249, p. 1535, § 1, effective August 8. L. 2021: (7)(a)(VI) amended, (HB 21-1316), ch. 325, p. 2024, § 32, effective July 1.

Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.