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Colorado Revised Statutes Title 24. Government State § 24-30-1301. Definitions

Current as of January 01, 2022 | Updated by FindLaw Staff

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

(1)(a) “Capital asset” means:

(I) Real property;

(II) Fixed equipment;

(III) Movable equipment; or

(IV) Instructional or scientific equipment with a cost that exceeds fifty thousand dollars; except that “capital asset” does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.

(b) “Capital asset” does not mean information technology. All information technology budget requests must be presented as set forth in section 2-3-1704(11), C.R.S.

(2) “Capital construction” means:

(a) Acquisition of a capital asset or disposition of real property;

(b) Construction, demolition, remodeling, or renovation of real property 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 of real property;

(d) Installation of the fixed or movable equipment necessary for the operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;

(e) Installation of the fixed or movable equipment necessary for the conduct of programs in or on real property upon completion of the new construction, remodeling, or renovation;

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

(g) Deleted by Laws 2014, Ch. 309, § 6, eff. June 6, 2014.

(3)(a) “Capital renewal” means a controlled maintenance project of real property or more than one integrated controlled maintenance project of real property with costs exceeding four million seven hundred thousand dollars in a fiscal year that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.

(b) Beginning on January 1, 2029, and on January 1 of every three-year period thereafter, the department shall adjust the capital renewal cost threshold for inflation in accordance with the percentage change over the preceding three-year period in the United States department of labor bureau of labor statistics producer price index commodity data for final demand--construction for government, or its successor index. The department shall publish the adjusted capital renewal cost threshold on its website.

(4) “Controlled maintenance” means:

(a) Corrective repairs or replacement, including improvements for health, life safety, and code requirements, used for existing real property; and

(b) Corrective repairs or replacement, including improvements for health, life safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.

(c) “Controlled maintenance” may include contracting for 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 through an appropriation by the general assembly.

(5) “Department” means the department of personnel.

(6) “Economic life” means the projected or anticipated useful life of real property.

(7) “Executive director” means the executive director of the department of personnel.

(8) “Facility” means a state-owned building or utility. “Facility” does not include highways or publicly assisted housing projects as defined in section 24-32-718.

(9) “Fixed equipment” includes, but is not limited to, mechanical, electrical, or plumbing components built into real property that are necessary for the operation of the real property.

(10) Deleted by Laws 2014, Ch. 309, § 6, eff. June 6, 2014.

(11) “Initial cost” means the required cost necessary to construct or renovate a facility.

(12) “Life-cycle cost” means the cost alternatives, over the economic life of a facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.

(13) “Movable equipment” means:

(a) All equipment that is not defined as fixed equipment that is necessary for the conduct of a program in or on real property;

(b) The rolling stock and fixed stock necessary for running a state-owned railway; and

(c) Aircraft as defined in section 43-10-102(1), C.R.S., that is used for state purposes.

(13.5) “Office of the state architect” or “office” means the office of the state architect created in section 24-30-1302.5.

(14) “Principal representative” means the governing board of a state agency or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.

(15)(a) “Real property” means a facility, state-owned grounds around a facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.

(b) “Real property” does not include:

(I) Land or any interest therein acquired by the department of transportation and used, or intended to be used, for right-of-way purposes;

(II) Land or any interest therein held by the division of parks and wildlife and the parks and wildlife commission in the department of natural resources; and

(III) Public lands of the state or any interest therein that are subject to the jurisdiction of the state board of land commissioners.

(16) “State” means the government of this state, every state agency, and every state institution of higher education. “State” does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.

(17) “State agency” means any department, commission, council, board, bureau, committee, office, agency, or other governmental unit of the state.

(18) “State institution of higher education” means a state institution of higher education as defined in section 23-18-102(10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 24. Government State § 24-30-1301. Definitions - last updated January 01, 2022 | https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-30-1301/

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