2012 Capital
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB12-1003Authorize Graywater Use FISCHER / NICHOLSON Except in connection with individual septic systems, current law is unclear regarding whether, and under what conditions, graywater may be used. Section 1 of the bill declares the importance of water conservation to the economy of Colorado and the well-being of its citizens. Section 2 defines "graywater" as wastewater from sources other than toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers collected within a residential, commercial, or industrial building that meets certain standards established by the water quality control commission. Section 3 authorizes the commission to adopt a control regulation establishing use standards and specifies that: Graywater may be applied only to uses that are allowed by the water sources' well permits and water rights; and, if so used, the use of the graywater is deemed to not cause injury. Graywater can be used only if the commission has adopted a control regulation and a local government authorizes the use. The local government has exclusive enforcement authority regarding compliance with the commission's control regulation. Section 5 allows counties to authorize graywater use, and section 6 allows municipalities to authorize graywater use. Section 4 repeals an obsolete provision authorizing local boards of health to adopt rules regarding graywater use with individual septic systems. 02/01/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1004Colorado Timber Act BRADFORD / KING S. The bill requires county and municipal building codes to allow the use of lumber milled from lodgepole pine and Englemann spruce trees having a grade of "stud" or better as building framing material. County and municipal building codes must also encourage the use of lumber milled from these trees for this purpose. 04/18/2012 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely
NOT ON CALENDARTimber measure seen as irrelevant dies in committee
HB12-101115-year Rule For State Controlled Maint Funding BROWN / BACON Capital Development Committee. The bill codifies the 15-year rule for requesting controlled maintenance funding for:
* Any new construction of, addition to, renovation of, or corrective repair or replacement of any state-owned, general-funded building or other physical facility; and
* Any acquisition of a state-owned, general-funded building or other physical facility. If a state agency or state institution of higher education requires a waiver of these eligibility requirements, the state agency or state institution of higher education must submit in writing a justification of special consideration to the state architect, and the capital development committee must approve the justification. The bill allows the state architect to use moneys in the newly created emergency controlled maintenance account for emergency controlled maintenance funding when the need for such funding is communicated in writing to the state architect by a state agency or state institution of higher education. The state architect must annually provide a status report to the capital development committee that shows spending for emergency controlled maintenance projects from that account. 
02/02/2012 House Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1034Waste Tire Processor End User Fund LOOPER / SPENCE Transportation Legislation Review Committee. Currently, the processors and end users fund, which allocates money to encourage recycling, is scheduled to repeal on July 1, 2012. The fund is extended to July 1, 2020. 05/09/2012 Governor Action - Signed
NOT ON CALENDARGov. Hickenlooper signs several bills
Colorado tire-recycling reforms sent to Hickenlooper
HB12-1082Prevailing Compensation On Public Works Projects SOPER The bill requires a contractor awarded a contract for a public works by a state agency in excess of $100,000, and each subcontractor that works thereon, to:
* Pay workers at least the prevailing wages and fringe benefits, as established pursuant to federal law. The requirement for the payment of prevailing wages and fringe benefits must be included in a contract for a public works.
* Post the prevailing wages and fringe benefits;
* Pay workers at least once a week;
* Furnish payroll records to the director of the division of labor in the department of labor and employment (director); and
* File a written statement to the state agency certifying the amount of unpaid prevailing wages and fringe benefits. With respect to any failure to pay prevailing wages and fringe benefits, the bill:
* Establishes penalties, including termination of the contract, withholding contract payments, and civil penalties;
* Establishes a private right of action;
* Requires the director to publish a list of contractors and subcontractors who willfully fail to make such payments and to debar a contractor or subcontractor for multiple violations within a 3-year period; and
* Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights or for participating in an action by the director. The director is authorized to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Appropriations for these investigations shall be made from moneys in the newly created prevailing wage enforcement fund, which shall include revenue from certain penalties paid by contractors or subcontractors. The bill specifies that the prevailing wage and fringe benefits requirement will not interfere with workers' right to bargain collectively. 
01/25/2012 House Committee on Local Government Postpone Indefinitely
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HB12-1112State Economic Impact As Procurement Factor RYDEN The bill creates the economic impact rating system advisory board (advisory board) in the office of economic development (office). The board consists of 11 voting members with specific qualifications appointed by the governor and 5 ex officio nonvoting members. The advisory board is charged with analyzing the feasibility of establishing an economic impact rating system (system), which measures a company's economic impact in the state. The advisory board is required to annually report to legislative committees on the status of the system. If the system is feasible, the advisory board will assist the office in the development of the system. The system must be designed to allow a company to input information about its operations and connections to the state, and the information will be used to generate a state economic impact rating. To the extent possible, the office is required to design the system so that a company may access it on-line. The office is required to notify the executive director of the department of personnel when an operational system has been developed. Once the system is operational, the state economic impact rating is to be used for proposals solicited through a request for proposals. A state purchasing director or the head of the purchasing agency is required to use the state economic impact rating as an evaluation factor in determining which offeror's proposal is most advantageous to the state. An offeror that responds to a request for proposals is not required to submit its state economic impact rating. The only source of funding for the system is from the newly created economic impact rating system cash fund, which consists of gifts, grants, or donations. Moneys in the fund are continuously appropriated to the office for the system. 02/15/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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HB12-1113Preferences In State Public Contracts LEE Preference where contract to be performed by mostly Colorado residents. On and after July 1, 2012, if a state agency (agency) or governmental body (body) issues an invitation for bids or a request for proposals for a construction contract for a public project (construction contract) or for a services contract that is, in either case, worth more than $500,000, the agency or body must grant a 3% preference to the bidder or offeror (contractor) if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents. With respect to a construction contract, an agency or body must also grant a contractor who receives the 3% preference:
* An additional 1% preference if the contractor certifies that it offers health care and retirement benefits to the employees who will perform the contract requirements; and
* An additional 1% preference if the contractor certifies that the employees who will perform the contract requirements have access to a federally qualified apprenticeship training program. With respect to a services contract, an agency or body must also grant a contractor who receives the 3% preference an additional 2% preference if the contractor certifies that it offers health care benefits and retirement benefits to the employees who will perform the requirements of the contract. An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor's eligibility for the preference. The executive director of the department of personnel (department) must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor's eligibility for the preference. Veterans' preference. When a contract for supplies or services is to be awarded though competitive sealed bidding or through competitive sealed best value bidding, the bill requires an amount equal to 2.5% of the bid price to be subtracted from the bid of each bidder that is a veteran or a veteran business. When a contract for supplies, services, or professional services is to be awarded through a request for competitive sealed proposals, the bill requires that one of the evaluation factors stated in the request is whether the offeror is a veteran or a veteran business. The relative weight assigned to the offeror's status as a veteran or as a veteran business is 2.5%. The bill defines "veteran" to mean a person who is a resident of the state of Colorado, who was separated under honorable conditions, and who, other than for training purposes, served in any branch of the armed forces of the United States, including, without limitation, service in the armed forces reserve or National Guard, and "veteran business" to mean a continuing independent, for-profit business located in the state in which one or more veterans hold an ownership interest of at least 51%. The bill requires any person that requests a veterans' preference to complete an application for the purpose of certifying the person's status as a veteran or a veteran business. Upon the satisfaction of the department of personnel (department) that the person is entitled to the preference, the department is required to issue the person a distinctive identification number that, when submitted as part of a bid, offer, or other purchasing documents, entitles the person to the preference. Any person who has obtained the necessary certification is required to notify the department within 30 days after the occurrence of any event that affects the person's ability to qualify as a veteran business, including, without limitation, a change in the ownership of the business. If the department determines that a person that received a preference no longer satisfies the requirements applicable to a veteran business at any time during the pendency of the contract, the executive director of the department (executive director) may reject the bid or offer submitted by the person or assess a civil penalty against the person. The department is required to revoke the certification of a veteran business for a period of not less than 12 months upon making a determination that the business has failed to notify the department of a change in the status of the business. During the 12-month revocation period, a veteran business whose certification has been revoked may submit a bid or offer on a state contract but is not eligible for the preference. The bill specifies the manner in which certification may be restored after the completion of the revocation period. The bill specifies penalties that are applicable if the department determines that a person has made a material misrepresentation or otherwise committed a fraudulent act in obtaining a veterans' preference. Any person against whom the department has imposed a sanction may apply to the executive director for a review of the decision. The executive director or the executive director's designee has the authority to promulgate rules to implement the veterans' preference. 
02/22/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1166Track Utility Data High Performance State Building JONES / BACON The bill requires each state agency or department to use commercial utility tracking software to monitor, track, and verify utility vendor bill data pertaining to its state-assisted facilities and annually report to the office of the state architect any necessary information, as determined by the state architect, that the state agency or department uses to ensure that the increased initial costs of the high performance standard certification are recouped. The annual report must also include information related to building performance based on the state-assisted facility's utility consumption. The bill also removes existing law that allows a state-assisted facility to be exempted from complying with the high performance standard requirements for extenuating circumstances that might exist. 02/22/2012 House Committee on Transportation Postpone Indefinitely
NOT ON CALENDARNo news items found
HB12-1318Guidelines For Controlled Maintenance Funding BROWN / SCHWARTZ Capital Development Committee. The bill requires the state architect to develop, subject to annual review and approval by the capital development committee, guidelines in order to establish when a state-owned, general-funded building or other physical facility is eligible for controlled maintenance funding. The guidelines shall address the timing of such eligibility with respect to the acquisition of, construction of, addition to, renovation of, or corrective repair of a state-owned, general-funded building or other physical facility. The bill requires the guidelines developed by the state architect to 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. The bill also requires the guidelines to be posted on the web site of the office of the state architect. The bill allows the state architect to use moneys in a newly created emergency controlled maintenance account for emergency controlled maintenance funding when the need for such funding is communicated in writing to the state architect by a state agency or state institution of higher education. The state architect must annually provide a status report to the capital development committee that shows spending for emergency controlled maintenance projects from that account. 04/23/2012 Governor Action - Signed
NOT ON CALENDARGov. Hickenlooper signs bills
SB12-001Contracting Preferences For Employing Coloradans HUDAK / DURAN On and after July 1, 2012, if a state agency (agency) or governmental body (body) issues an invitation for bids or a request for proposals for a construction contract for a public project (construction contract) or for a services contract that is, in either case, worth more than $1 million, the agency or body must grant a 3% preference to the bidder or offeror (contractor) if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents. With respect to a construction contract, an agency or body must also grant a contractor who receives the 3% preference:
* An additional 1% preference if the contractor certifies that it offers health care and retirement benefits to the employees who will perform the contract requirements; and
* An additional 1% preference if the contractor certifies that the employees who will perform the contract requirements have access to a federally qualified apprenticeship training program. With respect to a services contract, an agency or body must also grant a contractor who receives the 3% preference an additional 2% preference if the contractor certifies that it offers health care benefits and retirement benefits to the employees who will perform the requirements of the contract. An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor's eligibility for the preference. The executive director of the department of personnel must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor's eligibility for the preference. 
04/25/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARSpin city: House dukes it out over jobs bill
SB12-004Preference For US Materials In Public Contracts FOSTER / MIKLOSI Any state agency (agency) that issues an invitation for bids or a request for proposals on or after July 1, 2012, for the purchase of materials, supplies, products, provisions, or equipment for which an appropriation or expenditure of moneys is reasonably expected to exceed $1 million in the aggregate is required to provide to a bidder or offeror (contractor) that responds to the invitation for bids or request for proposals a preference in an amount equal to 1% of the bid price, which is to be subtracted from the bid of each contractor that certifies that it has undertaken best efforts to ensure that such materials, supplies, products, provisions, or equipment are manufactured in the United States. The preference allowed pursuant to the bill may not be awarded to a contractor that fails to meet the requirements of the bill, and the preference may not be used to satisfy any applicable minimum requirements of the contract. The preference is only allowed if:
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are equal in quality to any such items that are manufactured outside the United States;
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are able to be manufactured in sufficient quantities to satisfy the requirements of the invitation for bids or request for proposals; and
* The cost of the materials, supplies, products, provisions, or equipment that are manufactured in the United States does not exceed the cost of such items manufactured outside the United States by more than 5%. Any contractor that seeks allowance of a preference made available under the bill must certify to the agency that issued the invitation for bids or request for proposals that the contractor is eligible for the preference. The agency may rely on certification provided by the contractor but may also require the contractor to submit additional information to verify the contractor's eligibility for the preference. The agency is responsible for verifying that the contractor has satisfied all applicable requirements and is, therefore, eligible for the preference. The bill requires the executive director of the department of personnel or the executive director's designee to promulgate rules for the administration of the preference, including a process for a contractor to certify that it satisfies all requirements necessary for allowance of the preference and for an agency to verify that the contractor satisfies such requirements. The bill specifies that nothing in its terms is intended to contravene any existing treaty, law, agreement, or rule of the United States. No preference shall be granted under the bill if the preference would contravene any treaty, law, agreement, or rule of the United States. 
05/10/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-031Federal Mineral Lease Districts WHITE S.B. 12-31 County powers - authority to create federal mineral lease districts - changes to district's and district board of director's powers - allow for further autonomy of the district. The laws regarding the formation of a federal mineral lease district, including changes to the district's and district board of director's powers, are changed to allow the district to be more autonomous from the county creating the district. A federal mineral lease district is an independent body politic, separate and distinct from the county that creates it. Powers of the district and the board of directors are further enumerated. Methods for dissolving a district are established and the membership and terms of the board of directors are clarified. The district may reserve all or a portion of the federal mineral lease funding for use in subsequent years in order to maximize the usefulness of the direct or indirect distribution of funding for the areas socially or economically impacted by the development, processing, or energy conversion of fuels and minerals leased under a federal act. APPROVED by Governor April 6, 2012 EFFECTIVE April 6, 2012 04/06/2012 Governor Action - Signed
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SB12-040Higher Ed Facilities Eligible For Controlled Maint BACON / VIGIL S.B. 12-40 Capital construction - controlled maintenance funding eligibility - higher education institutions - academic and auxiliary facilities. All academic facilities acquired or constructed, or an auxiliary facility repurposed for use as an academic facility, solely from cash funds held by the institution and operated and maintained from such cash funds or from state moneys appropriated for such purpose that were not previously eligible for controlled maintenance funding will qualify for state controlled maintenance funding subject to specific limitations. Eligibility for state controlled maintenance funding commences on the date of the acceptance of the construction or repurposing of the facility or the closing date of any acquisition. Such date of acceptance shall be determined by the office of the state architect. The office of the state architect is required to collaborate with the department of higher education and the office of state planning and budgeting to develop guidelines regarding the classification of academic facilities and auxiliary facilities. The act provides the two factors that must be considered in the classification and specifies definitions to be used in the guidelines. APPROVED by Governor April 16, 2012 EFFECTIVE April 16, 2012 04/16/2012 Governor Action - Signed
NOT ON CALENDARNo news items found
SB12-063Sev Tax Revenues For Rural Insts Of Higher Ed BROPHY The bill establishes a $100 million cap, as adjusted annually for inflation, on the current allocation of severance tax revenue. Any revenue received above the $100 million cap, as adjusted annually for inflation, is first made available to any political subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation, but only for a serious need. Such political subdivision must make a grant request at a joint committee hearing of the house local government committee and the senate local government and energy committee, or any successor committees. Whatever moneys remain after the joint committee awards grants to those particular political subdivisions is to be transferred to the rural higher education cash fund and annually appropriated to rural institutions of higher education on a proportionate basis. The bill requires that each rural institution of higher education set aside at least 50% of each annual appropriation in a separate trust account in order to build an endowment fund to be used by the rural institution of higher education. 02/02/2012 Senate Committee on Finance Postpone Indefinitely
NOT ON CALENDARNo news items found
SB12-150State Treasurer Auth To Manage State Financing SCHWARTZ / SONNENBERG S.B. 12-150 State treasurer - authority to manage state public financing - rules. In order to provide more centralized management of the state's public financing structure, section 1 of the act requires the state treasurer to act as the issuing manager for certain approved issuances or incurrences of financial obligations by the state acting by and through any state agency. Section 1 also: Specifies that the state treasurer has the sole discretion to manage the issuance or incurrence of such financial obligations, except for certain financial obligations of state institutions of higher education, subject to the criteria established in a state public financing policy to be promulgated as required; With respect to any state financial obligation, requires the state treasurer to, at minimum, determine the financing structure and term, decide the market timing, and select or hire, as applicable, the state financing team; Requires a state agency to provide written notice to the state treasurer of any anticipated issuance or incurrence of a financial obligation; Requires a state agency to provide the state treasurer with the information that the state treasurer considers necessary to act as the issuing manager for the issuance or incurrence of financial obligations and to comply with federal and state securities laws and contractual covenants; Requires the state treasurer, in performing his or her duties as the issuing manager, to consider any relevant factors that he or she considers necessary to protect the financial integrity of the state; Clarifies that the state treasurer is the elected representative and signatory for all forms required by the internal revenue code to be filed in connection with issuances or incurrences of financial obligations by the state acting by and through a state agency; Requires the state treasurer to collaborate with the state controller, the office of state planning and budgeting, bond counsel, the attorney general, and the capital development committee in developing and then promulgating by rule a state public financing policy and provides a list of items that must minimally be included in the policy; Requires all state institutions of higher education to report specific information to the state treasurer related to financial obligations, the principal amount of which is one million dollars or more, that the treasurer does not manage on an institution's behalf; Requires the department of transportation to report specific information to the state treasurer related to financial contracts or instruments; On and after July 1, 2012, requires the issuance or incurrence of every financial obligation that the state treasurer manages to include a specified amount to be paid to the state treasurer and credited to the state public financing cash fund, to be used to reimburse the state treasurer for verifiable costs incurred in performing or overseeing the state's primary issuance compliance and post-issuance compliance responsibilities over the term of a financial obligation; and Requires the state treasurer to create and maintain a correct and current inventory of all state-owned real property that is used as leased property or as collateral in any type of financial obligation. The state treasurer must annually provide a copy of the inventory to the capital development committee. Section 2 of the act requires a certain group of state agencies to notify the state treasurer when they enter into agreements for an exchange of interest rates, cash flows, or payments as provided in law. Section 3 of the act requires a qualified charter school to provide the state treasurer with certain information when the state treasurer authorizes expenditures from the state charter school debt reserve fund or the state charter school interest savings account of the fund. The act decreases an appropriation made to the department of personnel for the 2012-13 fiscal year by $42,961 and 0.5 FTE for the implementation of the act. APPROVED by Governor May 24, 2012 EFFECTIVE May 24, 2012 05/24/2012 Governor Action - Signed
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