24-30-1301. Definitions.

As used in this part 13, unless the context otherwise requires:

(1) "Capital construction" means:

(a) Purchase of land, regardless of the value thereof;

(b) Purchase, construction, or demolition of buildings or other physical facilities, including utilities, or remodeling or renovation of existing buildings or other physical facilities, including utilities, to make physical changes necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;

(c) Site improvement or development;

(d) Purchase and installation of the fixed and movable equipment necessary for the operation of new, remodeled, or renovated buildings and other physical facilities and for the conduct of programs initially housed therein upon completion of the new construction, remodeling, or renovation;

(e) Purchase of the services of architects, engineers, and other consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with any capital construction project and to supervise the construction or execution of such capital construction projects;

(f) Any item of instructional or scientific equipment if the cost will exceed fifty thousand dollars.

(2) (a) "Controlled maintenance" means:

(I) Corrective repairs or replacement used for existing state-owned, general-funded buildings and other physical facilities, including, but not limited to, utilities and site improvements, which are suitable for retention and use for at least five years, and replacement and repair of the fixed equipment necessary for the operation of such facilities, when such work is not funded in an agency's operating budget to be accomplished by the agency's physical plant staff;

(II) That controlled maintenance funds may not be used for:

(A) Corrective repairs or replacement for buildings and other physical facilities and replacement or repair of the fixed and movable equipment necessary for the operation of physical facilities, when such work is funded in an agency's operating budget to be accomplished by the agency's physical plant staff; for the repair and replacement of fixed and movable equipment necessary for the conduct of programs (such repair and replacement is funded as capital outlay); or for rented or leased facilities or facilities constructed and maintained by self-liquidating property funds. 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.

(B) Any work properly categorized as capital construction or capital outlay.

(b) "Controlled maintenance" may include the purchase of the services of architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided by appropriation by the general assembly.

(3) "Department" means the department of personnel.

(4) "Economic life" means the projected or anticipated useful life of a facility.

(5) "Energy consumption analysis" means the evaluation of all energy-consuming systems and components by demand and type of energy, including the internal energy load imposed on a facility by its occupants, equipment, and components and the external energy load imposed on the facility by climatic conditions.

(6) "Executive director" means the executive director of the department of personnel.

(7) "Facility" means any public building or facility of the state but does not include highways.

(7.5) "High performance standard certification program" means a building renovation, design, and construction standard that:

(a) Is quantifiable, measurable, and verifiable as certified by an independent third party;

(b) Reduces the operating costs of state-assisted facilities by reducing the consumption of energy, water, and other resources;

(c) Results in the recovery of the increased initial capital costs attributable to compliance with the program over a time period by reducing long-term energy, maintenance, and operating costs;

(d) Improves the indoor environmental quality of state-assisted facilities for a healthier work environment;

(e) Encourages the use of products harvested, created, or mined within Colorado, regardless of product certification status;

(f) Protects Colorado's environment; and

(g) Complies with the federal secretary of the interior's standards for the treatment of historic properties when such work will affect properties fifty years of age or older, unless the state historical society, designated in section 24-80-201, determines that such property is not of historical significance, as that term is defined in section 24-80.1-102 (6).

(8) "Initial cost" means the required cost necessary to construct a facility or construct or renovate a major facility.

(9) "Life-cycle cost" means the cost alternatives, over the economic life of a facility, including its initial cost, the cost of the energy consumed, replacement costs, and the cost of operation and maintenance of the facility.

(10) "Major facility" means any building or facility of twenty thousand or more gross square feet and wherein significant energy demands will exist.

(11) "Principal representative" means the governing board of a state department, institution, or agency or, if there is no governing board, the executive head of a state department, institution, or agency, as designated by the governor or the general assembly.

(12) "State agency" means this state or any department, institution, or other agency of the state, including institutions of higher education.

(13) "State-assisted facility" means a facility constructed, or a major facility constructed or renovated, in whole or in part, with state funds or with funds guaranteed or insured by a state agency; except that, for purposes of section 24-30-1305 (9):

(a) "State-assisted facility" means a facility that:

(I) Is substantially renovated, designed, or constructed with state funds or with funds guaranteed or insured by a state agency and such funds constitute at least twenty-five percent of the project cost;

(II) Contains five thousand or more gross square feet;

(III) Includes a heating, ventilation, or air conditioning system; and

(IV) Has not entered the design phase prior to January 1, 2008.

(b) "State-assisted facility" does not include:

(I) A facility specified in section 23-1-106 (9), C.R.S.; or

(II) A publicly-assisted housing project, as that term is defined in section 24-32-718.

(III) (Deleted by amendment, L. 2008, p. 1307, § 1, effective August 5, 2008.)

(14) "State facility" means a facility constructed, or a major facility constructed or renovated, by a state agency.

(15) "Substantial renovation" means any renovation the cost of which exceeds twenty-five percent of the value of the property.

Source: L. 79: Entire part added, p. 879, § 1, effective July 1. L. 80: (1)(b) and (1)(c) amended and (2) R&RE, p. 593, §§ 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, § 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, § 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, § 1, effective August 5.

Cross references: For the legislative declaration contained in the 1995 act amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995.