(1) As used in this section, unless the context otherwise requires:
"Annual depreciation-lease equivalent payment" means an amount equal to the recorded depreciation of the capital asset acquired, repaired, improved, replaced, renovated, or constructed with an appropriation from the general fund, the capital construction fund, or the controlled maintenance trust fund, based on the depreciation period, as calculated by the state agency or the state institution of higher education, which calculation the state institution of higher education shall report to the department of higher education. The amount is calculated from the date of acquisition or the date of completion of the repair, improvement, replacement, renovation, or construction to June 30 of the fiscal year of acquisition or completion. The amount continues to be annually calculated on a fiscal year basis until the depreciation for the capital asset is no longer recorded.
"Appropriation" means an appropriation in the capital construction section of theannual general appropriation act, not including appropriations for information technology projects, and not including any appropriations made from the information technology capital account in the capital construction fund created in section 24-75-302 (3.7).
"Capital construction fund" means the capital construction fund created in section 2475-302.
"Cash fund" does not include:
The lottery fund created in section 44-40-111;
The limited gaming fund created in section 44-30-701 (1);
Money allocated to the division of parks and wildlife from lottery proceeds as specified in section 3 of article XXVII of the state constitution;
The regional center depreciation account in the capital construction fund, created insection 24-75-302 (3.8)(a); or
The legislative department cash fund created in section 2-2-1601 (1)(a) and the redistricting account of the legislative department cash fund created in section 2-2-1601 (2.5).
"Controlled maintenance trust fund" means the controlled maintenance trust fund created in section 24-75-302.5.
"Depreciation" means an amount calculated and recorded in accordance with generally accepted accounting principles.
"Depreciation period" means a period determined in fiscal procedures issued by thestate controller or the state institution of higher education.
"Project cost" means the depreciable components of the total project cost as reflectedin the appropriation; except that, if the project is financed, the total project cost does not include any financing costs.
(2) Except for the 2020-21 annual general appropriation act, for every appropriation in the capital construction section of the 2015-16 annual general appropriation act and every appropriation in the capital construction section of each annual general appropriation act thereafter, not including appropriations for information technology projects, additional funding must be set aside as follows:
If the funding source for the appropriation is from a cash fund, the state agency shallannually calculate an amount equal to the recorded depreciation of the capital asset or capital assets acquired, repaired, improved, replaced, renovated, or constructed with the appropriation based on the depreciation period, the general assembly shall include an annual depreciation-lease equivalent payment line item payable from the cash fund in the operating section of the annual general appropriation act for the state agency, and on June 30 the state controller shall credit such amount from the cash fund that was the source of the funding for the appropriation to a capital reserve account established by the state agency in such cash fund as specified in section 24-75-403 (2).
If the funding source for the appropriation is from the general fund, the capital construction fund, or the controlled maintenance trust fund, the general assembly shall include an annual depreciation-lease equivalent payment line item payable from the general fund in the operating section of the annual general appropriation act for each state agency, including the department of higher education. On June 30 the state controller shall credit the annual depreciation-lease equivalent payment line item to the capital construction fund; except that, of such payment, an amount equal to one percent of the project cost will be deducted from the payment and credited to the principal of the controlled maintenance trust fund.
If the funding source for the appropriation is a financing arrangement, including alease-purchase agreement allowed pursuant to section 24-82-802, and the source of the funding for the financing payment is:
From a cash fund, then the state agency shall annually calculate an amount equal toone percent of the project cost and the general assembly shall include an annual controlled maintenance line item payable from the cash fund in the operating section of the annual general appropriation act for each state agency equal to such amount. On June 30 the state controller shall credit such amount to a capital reserve account established by the state agency in the cash fund as specified in section 24-75-403 (2).
From the general fund, the capital construction fund, or the controlled maintenancetrust fund, then the general assembly shall include an annual controlled maintenance line item payable from the general fund in the operating section of the annual general appropriation act for each state agency, including the department of higher education, equal to one percent of the project cost, as calculated by the state agency or the state institution of higher education, which calculation the state institution of higher education shall report to the department of higher education. On June 30 the state controller shall credit such amount to the controlled maintenance trust fund.
(d) If the funding source for the appropriation is a combination of the funding sources described in paragraphs (a), (b), and (c) of this subsection (2), then the annual set aside must be made in proportion to the funding source.
Source: L. 2015: Entire section added, (SB 15-211), ch. 179, p. 584, § 2, effective May
11. L. 2016: Entire section amended, (SB 16-020), ch. 11, p. 25, § 1, effective March 9. L. 2017:
(1)(d) and (2)(a) amended, (HB 17-1144), ch. 132, p. 445, § 1, effective August 9. L. 2018: (1)(d) amended, (HB 18-1372), ch. 279, p. 1753, § 1, effective August 8; (1)(d) amended, (SB 18-034), ch. 14, p. 245, § 30, effective October 1; (1)(d) amended, (HB 18-1027), ch. 31, p. 364, § 11, effective October 1. L. 2020: (1)(d) and IP(2) amended, (HB 20-1398), ch. 176, p. 806, § 1, effective June 29.
Editor's note: Amendments to subsection (1)(d) by SB 18-034, HB 18-1027, and HB 181372 were harmonized.
Cross references: For the legislative declaration in SB 15-211, see section 1 of chapter 179, Session Laws of Colorado 2015.