(1) The general assembly shall make a capital construction appropriation in such form, in such amounts, and from such funds as it deems necessary and may appropriate either for construction or for planning of any project.
(2) No capital construction appropriation may be made to or expended by any state agency or state institution of higher education that has not complied with the requirements of section 24-30-1303.5, with respect to preparation and maintenance of a state inventory of real property.
(2.5) No capital construction appropriation may be made to or expended by any state agency or state institution of higher education that has not received approval of a facility management plan for a vacant facility controlled by the state agency or state institution of higher education pursuant to section 24-30-1303.5, unless the capital development committee exempts the state agency or state institution of higher education from the provisions of section 24-301303.5 (3.5)(f).
(3) A capital construction project for a state institution of higher education that is expected to be paid from cash funds or other nonstate moneys held by the institution must be commenced pursuant to section 23-1-106, C.R.S.
(3.5) If a capital construction project for a state institution of higher education is to be completed using a combination of capital construction appropriations pursuant to this section and cash funds or other nonstate moneys held by the institution, the institution may, at any time prior to or after receiving the cash funds or other nonstate moneys, earn the moneys appropriated from the state capital construction fund. For any project funded in part by capital construction appropriations pursuant to this section, if there are cash funds or other nonstate moneys remaining after the project is completed, the institution shall refund moneys to the state capital construction fund in proportion to the amount of state capital construction moneys appropriated for the project.
All contracts required as the result of a capital construction appropriation shall beentered into in accordance with section 24-30-1404 (7).
(a) Except for an appropriation for a lease-purchase payment, except as provided in subsection (5)(b) of this section, and unless otherwise noted in a footnote in an appropriation act, an appropriation for a capital construction budget item or an information technology capital project, including capital construction, controlled maintenance, or capital renewal projects, as such terms are defined in section 24-30-1301, included in:
The annual general appropriation act is available for expenditure upon enactment ofthe act and remains available for expenditure or encumbrance for three full fiscal years commencing with the fiscal year for which the annual general appropriation act is enacted, or until the project is completed, whichever is first; and
A supplemental appropriation act authorized or required by section 2-3-208, 24-37304, 24-75-111 (5), or 24-75-111.5 (5) is available for expenditure upon enactment of the supplemental appropriation act and remains available for expenditure or encumbrance for three full fiscal years commencing with the fiscal year during which the supplemental appropriation act was enacted, or until the project is completed, whichever is first; except that expenditures and nonmonetary adjustments allowed under section 24-75-111 or 24-75-111.5 are available for expenditure as specified in such sections.
If a portion of an appropriation for a capital construction budget item or an information technology capital project, including capital construction, controlled maintenance, or capital renewal projects, is not expended in the first fiscal year, then the appropriation does not remain available for expenditure or encumbrance as described in subsection (5)(a) of this section.
Any unexpended and unencumbered money remaining after the periods set forth insubsection (5)(a) of this section reverts to the fund from which it was appropriated.
Source: L. 59: p. 149, § 5. CRS 53: § 3-3-12. C.R.S. 1963: § 3-3-12. L. 83: Entire section amended, p. 895, § 2, effective July 1. L. 92: (3) added, p. 583, § 1, effective June 1. L. 95: (4) added, p. 165, § 2, effective April 7. L. 2001: (3) amended, p. 665, § 2, effective August 8. L. 2003: (2.5) added, p. 964, § 4, effective July 1. L. 2008: IP(3)(a) and (3)(a)(I) amended, p. 1482, § 28, effective May 28; IP(3)(a) amended, p. 1903, § 93, effective August 5. L. 2009: (3)(a) amended, (SB 09-290), ch. 374, p. 2041, § 6, effective January 1, 2010. L. 2011: (3.5) added, (HB 11-1301), ch. 297, p. 1430, § 29, effective August 10. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1849, § 52, effective June 6. L. 2016: (3) amended, (HB 161459), ch. 317, p. 1281, § 3, effective August 10. L. 2018: (5) added, (HB 18-1371), ch. 312, p. 1874, § 1, effective August 8.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
Legislative declaration. It is declared to be the intent of the general assembly in the passage of this section and section 24-75-305 to provide for orderly management of state funds and, as fiscal procedures may require, to temporarily augment the general revenue funds of the state in order to insure prompt payment of all warrants drawn against said general revenue funds pursuant to law.
Source: L. 64: p. 661, § 1. C.R.S. 1963: § 130-9-1. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1850, § 53, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
Transfers from capital construction fund. (1) In accordance with the legislative declaration as specified in section 24-75-304, the controller and the state treasurer shall, from time to time, during any fiscal year as fiscal procedures may require and upon the written approval of the governor, transfer from the capital construction fund to the general revenue funds such amounts of money as shall be necessary to insure prompt payment of all warrants drawn against said general revenue funds if the controller first certifies:
That the general revenue funds shall have sufficient moneys accruing to them in thesame fiscal year in which the transfer is made to retransfer to the capital construction fund any moneys so transferred;
That appropriations from the general revenue funds do not exceed estimated generalfund revenues and estimated surplus; and
That the capital construction fund has, at the time of the transfer, and will have sufficient moneys accruing to it during the period prior to the anticipated retransfer to enable it to meet its own obligations.
(2) The controller and the state treasurer shall retransfer from the general revenue funds to the capital construction fund any moneys transferred under the provisions of subsection (1) of this section prior to June 30 of the fiscal year in which the transfer was made.
Source: L. 64: p. 661, § 2. C.R.S. 1963: § 130-9-2. L. 85: p. 1361, § 20.
Federal revenue sharing trust fund. (Repealed)
Source: L. 73: p. 1380, § 1. C.R.S. 1963: § 130-9-3. L. 2014: Entire section repealed, (HB 14-1387), ch. 378, p. 1850, § 54, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
Capitol complex master plan implementation fund - creation - transfersfor fund. (1) The capitol complex master plan implementation fund is created in the state treasury. The fund consists of moneys transferred from the general fund to the fund as specified in subsection (2) of this section, any other money that the general assembly may transfer or appropriate to the fund, and interest and income derived from the deposit and investment of the fund, which remains in the fund and is not transferred to the general fund or any other fund at the end of any fiscal year.
(2) On July 1, 2019, and on July 1 of each succeeding fiscal year, the state treasurer, upon the request of the capital development committee, may make a transfer from the general fund to the capitol complex master plan implementation fund in an amount equal to twenty million dollars less the amount transferred to the national western center trust fund pursuant to section 23-31-902 (3), C.R.S., subject to the following limitations:
If the state has not entered into one or more lease-purchase agreements as authorizedby section 23-31-903, C.R.S., and no transfer is made to the national western center trust fund pursuant to section 23-31-902, C.R.S., ten million dollars may be transferred to the capitol complex master plan implementation fund and ten million dollars may be transferred to the controlled maintenance trust fund created in section 24-75-302.5 (2)(a); and
The total amount transferred to the capitol complex master plan implementation fundpursuant to this subsection (2) shall not exceed eighty million dollars.
(3) Subject to project-specific approval by the capital development committee of the general assembly and annual appropriation by the general assembly, the department of personnel may expend money from the capitol complex master plan implementation fund for any project that is included in the capitol complex master plan developed, and if applicable, modified or updated, pursuant to section 24-82-101 (3).
Source: L. 2015: Entire section added, (HB 15-1344), ch. 207, p. 753, § 2, effective August 5.