Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0694.01 Rebecca Bayetti x4348 SENATE BILL 26-078
Senate Committees House Committees
Education
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO CE RTAIN STATUTES RELATING TO101
INSTITUTIONS OF HIGHER EDUCATION , AND , IN CONNECTION102
THEREWITH , CHANGING PROCEDURES RELATING TO103
INFORMATION SHARING , DATA , AND CAPITAL CONSTRUCTION104
PROJECTS.105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill modifies statutes relating to state institutions of higher
education (institutions) in the following areas: Fiscal impact information
SENATE SPONSORSHIP
Amabile and Kirkmeyer,
HOUSE SPONSORSHIP
Smith and Taggart,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
for legislative measures, definitions related to electric and plumbing
work, data policies and coordination, capital construction review
processes, and bond requirements and procedures for the university of
Colorado.
Fiscal impact information. The bill requires that, within 3 days
of an institution or its governing board submitting information on the
fiscal impact of a legislative measure to the department of higher
education (department) to assist the department in responding to a request
from the staff of the legislative council (LCS), the department share with
the submitting institution or its governing board the department's official
response to the LCS regarding the fiscal impact of the legislative
measure.
Definitions. The bill modifies definitions in statutes relating to
performing electric and plumbing work on the campuses of the university
of Colorado and the Colorado state university to remove existing
restrictions so that the university of Colorado can perform work on any
building on the campus that the university owns or leases.
Data policies and coordination. The bill requires the department
to create a data advisory group no later than July 1, 2026. The data
advisory group is made up of representatives from the department and the
institutions. The data advisory group must meet quarterly beginning no
later than September 30, 2026, and is charged with developing policies
and procedures for the collection, storage, and use of data from
institutions. The bill adds one member of the data advisory group selected
by the Colorado commission on higher education (commission) to the
advisory committee to the commission and adds the data advisory group
to the list of entities the commission is required to work with to collect
data necessary to develop and implement the commission's master plan.
The bill also requires the department, in collaboration with the governing
boards and institutions that report student data to the commission and the
department, to provide access, upon request of a governing board or
institution, to de-identified statewide institutional and student data.
Capital construction. The bill increases the dollar-amount
threshold from $2 million to $5 million for exceptions from the
requirements for program and physical planning, exceptions from
commission approval and capital development committee (CDC) and
joint budget committee (JBC) review of capital construction projects
funded from certain sources, and exceptions from commission approval
of capital construction projects funded from cash funds. The bill also
exempts from the review and approval of the commission, the CDC, and
the JBC any capital construction or capital renewal project funded solely
from cash funds held by an institution that are not derived from student
fees, so long as the institution has not participated in the higher education
revenue bond intercept program for at least the preceding 5 years.
Bond requirements and procedures. The bill modifies certain
SB26-078-2-
bond requirements and procedures specific to the university of Colorado
to align with current practice.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 2-2-322, add (3.5)2
as follows:3
2-2-322. Fiscal notes - definitions - repeal.4
(3.5) (a) W ITHIN THREE DAYS OF AN INSTITUTION OF HIGHER5
EDUCATION OR ITS GOVERNING BOARD SUBMITTING INFORMATION ABOUT6
THE FISCAL IMPACT OF A LEGISLATIVE MEASURE TO THE DEPARTMENT OF7
HIGHER EDUCATION TO ASSIST THE DEPARTMENT IN RESPONDING TO A8
REQUEST FOR INFORMATION MADE PURSUANT TO SUBSECTION (3)(a) OF9
THIS SECTION, THE DEPARTMENT OF HIGHER EDUCATION SHALL GRANT THE10
SUBMITTING INSTITUTION OF HIGHER EDUCATION OR ITS GOVERNING11
BOARD ACCESS TO THE DEPARTMENT'S OFFICIAL RESPONSE TO THE STAFF12
OF THE LEGISLATIVE COUNCIL REGARDING THE FISCAL IMPACT OF THE13
LEGISLATIVE MEASURE.14
(b) AS USED IN THIS SUBSECTION (3.5):15
(I) "D EPARTMENT OF HIGHER EDUCATION " MEANS THE16
DEPARTMENT OF HIGHER EDUCATION CREATED IN SECTION 24-1-114.17
(II) "INSTITUTION OF HIGHER EDUCATION" MEANS:18
(A) A STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN19
SECTION 23-18-102 (10);20
(B) A LOCAL DISTRICT COLLEGE , AS DEFINED IN SECTION21
23-71-102 (1)(a);22
(C) A N AREA TECHNICAL COLLEGE , AS DEFINED IN SECTION23
23-60-103 (1); AND24
(D) T HE AURARIA HIGHER EDUCATION CENTER CREATED IN25
SB26-078-3-
ARTICLE 70 OF TITLE 23.1
SECTION 2. In Colorado Revised Statutes, 12-115-103, amend2
(10) as follows:3
12-115-103. Definitions.4
As used in this article 115, unless the context otherwise requires:5
(10) "Qualified state institution of higher education" means6
(a) one of the state institutions of higher education established7
under, specified in, and located upon the campuses described in sections8
23-20-101 (1)(a), 23-20-101 (1)(b), 23-20-101 (1)(d), and 23-31-101,9
limited to the buildings owned or leased by those institutions on the10
campuses.11
(b) The institution whose campus is established under and12
specified in section 23-20-101 (1)(b), but limited to the buildings located13
in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 147514
Lawrence street; and15
(c) The institution whose campus is established under and16
specified in section 23-20-101 (1)(d), but limited to current and future17
buildings owned, leased, or built on land owned on or before January 1,18
2015, by the university of Colorado on the campus described in section19
23-20-101 (1)(d).20
SECTION 3. In Colorado Revised Statutes, 12-155-103, amend21
(12) as follows:22
12-155-103. Definitions.23
As used in this article 155, unless the context otherwise requires:24
(12) "Qualified state institution of higher education" means25
(a) one of the state institutions of higher education established26
under, specified in, and located upon the campuses described in sections27
SB26-078-4-
23-20-101 (1)(a), 23-20-101 (1)(b) , 23-20-101 (1)(d), and 23-31-101,1
limited to the buildings owned or leased by those institutions on those2
campuses.3
(b) The institution whose campus is established under and4
specified in section 23-20-101 (1)(b), but limited to the buildings located5
in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 14756
Lawrence street; and7
(c) The institution whose campus is established under and8
specified in section 23-20-101 (1)(d), but limited to current and future9
buildings owned or leased or built on land owned on or before January 1,10
2015, by the university of Colorado on the campus described in section11
23-20-101 (1)(d).12
SECTION 4. In Colorado Revised Statutes, 23-1-101.1, add (1.5)13
as follows:14
23-1-101.1. Definitions.15
As used in this article 1, unless the context otherwise requires:16
(1.5) "D ATA ADVISORY GROUP " MEANS THE DATA ADVISORY17
GROUP CREATED IN SECTION 23-1-144.18
SECTION 5. In Colorado Revised Statutes, 23-1-103, amend (1)19
introductory portion and (1)(b) as follows:20
23-1-103. Advisory committee to the Colorado commission on21
higher education.22
(1) There is hereby established an advisory committee to the23
commission for the purpose of suggesting solutions for the problems and24
needs of higher education and maintaining liaison with the general25
assembly and the governing boards for state-supported institutions of26
higher education. The advisory committee shall consist CONSISTS of not27
SB26-078-5-
less than thirteen FOURTEEN members, to be designated as follows:1
(b) One member shall be selected and designated by The2
commission SHALL SELECT AND DESIGNATE:3
(I) ONE MEMBER to represent the faculty in the state; and 4
(II) One member shall be selected and designated by the5
commission to represent the students in the state;6
(III) On and after August 5, 2009, the commission shall select and7
designate one member who, at the time of designation, is a parent of a8
student who is enrolled in a state-supported institution of higher9
education in Colorado to represent the parents of students; AND10
(IV) O N AND AFTER JULY 1, 2026, ONE MEMBER WHO IS A11
CURRENT MEMBER OF THE DATA ADVISORY GROUP AND WHO WORKS AT A12
PUBLIC INSTITUTION OF HIGHER EDUCATION. 13
SECTION 6. In Colorado Revised Statutes, 23-1-106, amend14
(5)(b), (6)(b), (9)(d)(II), and (11)(a)(III) as follows:15
23-1-106. Duties and powers of the commission with respect16
to capital construction and long-range planning - report - legislative17
declaration - definitions.18
(5) (b) The commission may except from the requirements for19
program and physical planning any project that requires two FIVE million20
dollars or less if the capital construction project is for new construction21
and funded solely from cash funds held by the institution or the project is22
funded through the higher education revenue bond intercept program23
established pursuant to section 23-5-139, or ten million dollars or less if24
the project is not for new construction and is funded solely from cash25
funds held by the institution.26
(6) (b) The commission shall review, at its next available meeting,27
SB26-078-6-
any two-year projection of capital construction projects submitted by a1
state institution of higher education to be undertaken pursuant to2
subsection (9) of this section and estimated to require total project3
expenditures exceeding two FIVE million dollars if the capital4
construction project is for new acquisitions of real property or new5
construction and funded solely from cash funds held by the institution or6
the project is funded through the higher education revenue bond intercept7
program established pursuant to section 23-5-139, or exceeding ten8
million dollars if the project is not for new acquisitions of real property9
or new construction and is funded solely from cash funds held by the10
institution. The projection must include the estimated cost, the method of11
funding, and a schedule for project completion for each project.12
(9) (d) (II) A plan for a capital construction or capital renewal13
project is not subject to review or approval by the commission if such14
project is:15
(A) Estimated to require total expenditures of two FIVE million16
dollars or less if the capital construction project is for new acquisitions of17
real property or for new construction and funded solely from cash funds18
held by the institution or the project is funded through the higher19
education revenue bond intercept program established pursuant to section20
23-5-139; or21
(B) Estimated to require total expenditures of ten million dollars22
or less if the project is not for new acquisitions of real property or for new23
construction and is funded solely from cash funds held by the institution;24
OR25
(C) FUNDED SOLELY FROM CASH FUNDS HELD BY THE INSTITUTION26
THAT ARE NOT DERIVED FROM STUDENT FEES , SO LONG AS THE27
SB26-078-7-
INSTITUTION HAS NOT PARTICIPATED IN THE HIGHER EDUCATION REVENUE1
BOND INTERCEPT PROGRAM ESTABLISHED PURSUANT TO SECTION 23-5-1392
FOR AT LEAST THE PRECEDING FIVE YEARS.3
(11) (a) Each state institution of higher education shall submit to4
the commission on or before September 1 of each year a list and5
description of each project for which an expenditure was made during the6
immediately preceding fiscal year that:7
(III) Was estimated to require total expenditures of two FIVE8
million dollars or less if the capital construction project is for new9
acquisitions of real property or for new construction and was funded10
solely from cash funds held by the institution or the project was funded11
through the higher education revenue bond intercept program established12
pursuant to section 23-5-139, or was estimated to require total13
expenditures of ten million dollars or less if the project was not for new14
acquisitions of real property or for new construction and was funded15
solely from cash funds held by the institution; or 16
SECTION 7. In Colorado Revised Statutes, 23-1-108, amend17
(1.7) as follows:18
23-1-108. Duties and powers of the commission with regard to19
systemwide planning - reporting - definitions.20
(1.7) The commission, working with the department, THE DATA21
ADVISORY GROUP , the governing boards, and the institutions of higher22
education, shall collect data, including but not limited to research23
conducted by national policy organizations and agencies or institutions of24
higher education in other states, as necessary to support development and25
implementation of the master plan pursuant to subsection (1.5) of this26
section.27
SB26-078-8-
SECTION 8. In Colorado Revised Statutes, 23-1-141, amend (1);1
and add (5.5) and (6.5) as follows:2
23-1-141. Student success data system - student success data3
transparency - access to data - appropriation - definitions.4
(1) As used in this section, unless the context otherwise requires: 5
(a) "Institution of higher education" or "institution" means the6
state institutions, as defined in section 23-18-102 (10)(a), the local district7
colleges, and the area technical colleges.8
(b) (I) "STATEWIDE INSTITUTIONAL AND STUDENT DATA" MEANS9
DATA PROVIDED BY AN INSTITUTION OF HIGHER EDUCATION TO THE10
DEPARTMENT OR ANOTHER STATE AGENCY.11
(II) "STATEWIDE INSTITUTIONAL AND STUDENT DATA" INCLUDES:12
(A) A LL DATA SUBMISSIONS FROM AN INSTITUTION OF HIGHER13
EDUCATION TO THE DEPARTMENT;14
(B) DATA, IN ANY FORMAT , CREATED BY THE DEPARTMENT FOR15
FUNDING OR RESOURCE ALLOCATION , LEGISLATIVE REPORTS , OR16
STRATEGIC PLANNING AND ANALYSIS; AND17
(C) DATA, IN ANY FORMAT, SHARED BY THE DEPARTMENT WITH A18
THIRD PARTY.19
(c) "INSTITUTIONAL DATA USERS" MEANS USERS OR CONSUMERS20
OF DATA THAT ORIGINATES FROM AN INSTITUTION OF HIGHER EDUCATION,21
INCLUDING AN INSTITUTION, THE DEPARTMENT, ANOTHER STATE AGENCY,22
OR ANY PERSON THAT HAS ACCESS TO SUCH DATA.23
(5.5) (a) THE DEPARTMENT SHALL, IN COLLABORATION WITH THE24
GOVERNING BOARDS AND INSTITUTIONS OF HIGHER EDUCATION THAT25
REPORT STUDENT DATA TO THE COMMISSION AND THE DEPARTMENT ,26
PROVIDE ACCESS TO DE -IDENTIFIED STATEWIDE INSTITUTIONAL AND27
SB26-078-9-
STUDENT DATA UPON REQUEST OF A GOVERNING BOARD OR INSTITUTION.1
(b) T HE DEPARTMENT SHALL ENSURE THAT ALL STATEWIDE2
INSTITUTIONAL AND STUDENT DATA THAT IS SHARED WITH A GOVERNING3
BOARD OR INSTITUTION IS SHARED THROUGH A SECURE MEANS THAT4
COMPLIES WITH POLICIES , PROCEDURES , AND OTHER GUIDANCE5
DEVELOPED BY THE DEPARTMENT AND THE DATA ADVISORY GROUP.6
(6.5) THE DEPARTMENT SHALL, IN CONSULTATION WITH THE DATA7
ADVISORY GROUP, DEVELOP POLICIES TO ENSURE THAT INSTITUTIONAL8
DATA USERS COMPLY WITH ALL STATE AND FEDERAL LAWS, REGULATIONS,9
AND APPLICABLE GUIDELINES CONCERNING THE PRIVACY OF STUDENT10
INFORMATION, INCLUDING THE FEDERAL "FAMILY EDUCATIONAL RIGHTS11
AND PRIVACY ACT OF 1974", 20 U.S.C. SEC. 1232g.12
SECTION 9. In Colorado Revised Statutes, add 23-1-144 as13
follows:14
23-1-144. Department directive - creation of data advisory15
group - development of data policies - definition - repeal.16
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE17
REQUIRES, "INSTITUTIONS OF HIGHER EDUCATION" MEANS INSTITUTIONS18
OF HIGHER EDUCATION THAT PARTICIPATE IN DATA COLLECTION FOR THE19
COMMISSION OR THE DEPARTMENT.20
(2) (a) AS EARLY AS PRACTICABLE BUT NO LATER THAN JULY 1,21
2026, THE DEPARTMENT SHALL CREATE A DATA ADVISORY GROUP TO22
DEVELOP POLICIES REGARDING DATA COLLECTION FROM THE GOVERNING23
BOARDS AND INSTITUTIONS OF HIGHER EDUCATION.24
(b) THE DATA ADVISORY GROUP CONSISTS OF REPRESENTATIVES25
FROM INSTITUTIONS OF HIGHER EDUCATION AND THE DEPARTMENT, WITH26
NO GREATER THAN TWO VOTING MEMBERS FROM THE DEPARTMENT.27
SB26-078-10-
(3) (a) THE DATA ADVISORY GROUP SHALL:1
(I) DEVELOP, APPROVE, AND MAINTAIN POLICIES AND PROCEDURES2
FOR THE COLLECTION, STORAGE, AND USE OF DATA FROM INSTITUTIONS OF3
HIGHER EDUCATION BY THE DEPARTMENT , STATE AGENCIES, AND THIRD4
PARTIES;5
(II) D ETERMINE HOW TO APPROACH NEW DATA REPORTING6
REQUIREMENTS RESULTING FROM LEGISLATION; AND7
(III) S ERVE AS A RESOURCE TO THE DEPARTMENT IN DECISIONS8
RELATING TO DATA SHARING TO IDENTIFY PROCESSES TO DE -IDENTIFY9
DATA IN A MANNER THAT ALLOWS FOR ONGOING ACCESS AND10
TRANSPARENCY WHILE REMAINING IN COMPLIANCE WITH APPLICABLE11
FEDERAL AND STATE REQUIREMENTS.12
(b) THE DATA ADVISORY GROUP MAY DEVELOP GUIDELINES FOR13
DATA AGGREGATION AND SUPPRESSION.14
(4) (a) THE DATA ADVISORY GROUP SHALL DEVELOP PROCEDURES15
FOR APPROVING POLICIES AND PROCEDURES , INCLUDING USES OF DATA ,16
WITH THE GUIDING PRINCIPLE THAT ALL POLICIES AND PROCEDURES17
DIRECTLY BENEFIT HIGHER EDUCATION IN THE STATE. ANY VOTE OF THE18
DATA ADVISORY GROUP TO APPROVE OR AMEND A POLICY OR PROCEDURE19
MUST INCLUDE REPRESENTATIVES FROM AT LEAST TWO -THIRDS OF THE20
INSTITUTIONS OF HIGHER EDUCATION THAT PARTICIPATE IN THE DATA21
ADVISORY GROUP , WITH REPRESENTATION FROM BOTH TWO -YEAR AND22
FOUR-YEAR INSTITUTIONS OF HIGHER EDUCATION.23
(b) T O ACCOMPLISH ITS DUTIES , THE DATA ADVISORY GROUP24
SHALL MEET AT LEAST QUARTERLY.25
(c) (I) THE DATA ADVISORY GROUP SHALL HOLD ITS FIRST MEETING26
AS SOON AS PRACTICABLE BUT NO LATER THAN SEPTEMBER 30, 2026.27
SB26-078-11-
(II) THIS SUBSECTION (4)(c) IS REPEALED, EFFECTIVE JULY 1, 2027.1
SECTION 10. In Colorado Revised Statutes, 23-20-129.5,2
amend (2) as follows:3
23-20-129.5. Enterprise auxiliary facility bonds.4
(2) The policies and procedures adopted pursuant to subsection (1)5
of this section shall MUST include but need not be limited to, the6
following requirements:7
(a) That, upon issuance of revenue bonds pursuant to section8
23-5-102, the university shall identify the primary revenue sources for9
payment of principal and interest on the bonds from among those10
revenues and other moneys MONEY pledged for payment of principal and11
interest on the revenue bonds;12
(b) That, upon issuance of revenue bonds pursuant to section13
23-5-102, the university shall perform a financial analysis based upon14
assumptions approved by the board of regents and the state auditor, that15
demonstrates that revenues expected to be annually available from the16
sources identified under paragraph (a) of this subsection (2) SUBSECTION17
(2)(a) OF THIS SECTION will be suffici ent to pay at least one hundred18
twenty-five percent of the annual principal and interest on the revenue19
bonds; AND20
(c) That the university shall annually review the revenue sources21
identified under paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF22
THIS SECTION to determine if the financial analysis required in paragraph23
(b) of this subsection (2) SUBSECTION (2)(b) OF THIS SECTION shows24
sufficient revenues for payment of principal and interest on the revenue25
bonds and, if the revenues are not sufficient, take such action as the board26
of regents and the state auditor shall require REQUIRES to assure that27
SB26-078-12-
adequate revenues are available to pay the principal and interest on the1
revenue bonds.2
(d) That the maximum annual debt service on all revenue bonds3
issued pursuant to section 23-5-102, except as provided for in sections4
23-5-101.8 and 23-5-103, outstanding at any time for the university shall5
not exceed ten percent of the university's unrestricted current fund6
expenditures plus mandatory transfers;7
(e) That the university shall establish and maintain such debt8
service reserves and such reserves for repair and replacement of any9
auxiliary facility or group of auxiliary facilities on behalf of which10
revenue bonds are issued pursuant to section 23-5-102 and as may be11
required by the terms of the resolution, indenture, or other document12
authorizing or executed in connection with the issuance of the revenue13
bonds and subject to review and approval by the state auditor; and14
(f) That the university shall annually report to the state auditor15
regarding compliance with the requirements specified in this subsection16
(2) and any additional requirements that may be imposed by the board of17
regents.18
SECTION 11. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
SB26-078-13-