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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0694.01 Rebecca Bayetti x4348 SENATE BILL 26-078
Senate Committees House Committees
Education
Appropriations
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
3rd Reading Unamended
April 20, 2026
SENATE
Amended 2nd Reading
April 17, 2026
SENATE SPONSORSHIP
Amabile and Kirkmeyer, Coleman, Kolker, Marchman, Pelton B.
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
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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
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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" means:6
(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)(d), and 23-31-101, limited to the9
buildings owned or leased by those institutions on the campuses; AND10
(b) The institution whose campus is established under and11
specified in section 23-20-101 (1)(b); but limited to EXCEPT THAT, FOR12
BUILDINGS LOCATED WITHIN THE GROUNDS OF THE AURARIA HIGHER13
EDUCATION CENTER CREATED IN PART 70 OF THIS ARTICLE 23, "QUALIFIED14
STATE INSTITUTION OF HIGHER EDUCATION " MEANS ONLY THOSE15
BUILDINGS THAT ARE CONSTRUCTED OR WHOLLY RENOVATED FROM16
MONEY HELD BY THE UNIVERSITY OF COLORADO AT DENVER AND THAT17
ARE CURRENTLY OWNED , OPERATED , AND MAINTAINED BY THE18
UNIVERSITY OF COLORADO AT DENVER, INCLUDING the buildings located19
in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 147520
Lawrence street; and 1191 LARIMER STREET, 1201 LARIMER STREET, AND21
1355 TWELFTH STREET.22
(c) The institution whose campus is established under and23
specified in section 23-20-101 (1)(d), but limited to current and future24
buildings owned, leased, or built on land owned on or before January 1,25
2015, by the university of Colorado on the campus described in section26
23-20-101 (1)(d).27
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SECTION 3. In Colorado Revised Statutes, 12-155-103, amend1
(12) as follows:2
12-155-103. Definitions.3
As used in this article 155, unless the context otherwise requires:4
(12) "Qualified state institution of higher education" means:5
(a) One of the state institutions of higher education established6
under, specified in, and located upon the campuses described in sections7
23-20-101 (1)(a), 23-20-101 (1)(d), and 23-31-101, limited to the8
buildings owned or leased by those institutions on those campuses; AND9
(b) The institution whose campus is established under and10
specified in section 23-20-101 (1)(b); but limited to EXCEPT THAT, FOR11
BUILDINGS LOCATED WITHIN THE GROUNDS OF THE AURARIA HIGHER12
EDUCATION CENTER CREATED IN PART 70 OF THIS ARTICLE 23, "QUALIFIED13
STATE INSTITUTION OF HIGHER EDUCATION " MEANS ONLY THOSE14
BUILDINGS THAT ARE CONSTRUCTED OR WHOLLY RENOVATED FROM15
MONEY HELD BY THE UNIVERSITY OF COLORADO AT DENVER AND THAT16
ARE CURRENTLY OWNED , OPERATED , AND MAINTAINED BY THE17
UNIVERSITY OF COLORADO AT DENVER, INCLUDING the buildings located18
in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 147519
Lawrence street; and 1191 LARIMER STREET, 1201 LARIMER STREET, AND20
1355 TWELFTH STREET.21
(c) The institution whose campus is established under and22
specified in section 23-20-101 (1)(d), but limited to current and future23
buildings owned or leased or built on land owned on or before January 1,24
2015, by the university of Colorado on the campus described in section25
23-20-101 (1)(d).26
27
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SECTION 4. In Colorado Revised Statutes, 23-1-103, amend (1)1
introductory portion and (1)(b) as follows:2
23-1-103. Advisory committee to the Colorado commission on3
higher education.4
(1) There is hereby established an advisory committee to the5
commission for the purpose of suggesting solutions for the problems and6
needs of higher education and maintaining liaison with the general7
assembly and the governing boards for state-supported institutions of8
higher education. The advisory committee shall consist CONSISTS of not9
less than thirteen FOURTEEN members, to be designated as follows:10
(b) One member shall be selected and designated by The11
commission SHALL SELECT AND DESIGNATE:12
(I) ONE MEMBER to represent the faculty in the state; and 13
(II) One member shall be selected and designated by the14
commission to represent the students in the state;15
(III) On and after August 5, 2009, the commission shall select and16
designate one member who, at the time of designation, is a parent of a17
student who is enrolled in a state-supported institution of higher18
education in Colorado to represent the parents of students; AND19
(IV) O N AND AFTER JULY 1, 2026, ONE MEMBER WHO IS A20
CURRENT MEMBER OF THE DATA ADVISORY GROUP FACILITATED BY THE21
DEPARTMENT AND WHO WORKS AT A PUBLIC INSTITUTION OF HIGHER22
EDUCATION. 23
SECTION 5. In Colorado Revised Statutes, 23-1-106, amend24
(5)(b), (6)(b), (9)(d)(II), and (11)(a)(III) as follows:25
23-1-106. Duties and powers of the commission with respect26
to capital construction and long-range planning - report - legislative27
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declaration - definitions.1
(5) (b) The commission may except from the requirements for2
program and physical planning any project that requires two FIVE million3
dollars or less if the capital construction project is for new construction4
and funded solely from cash funds held by the institution or the project is5
funded through the higher education revenue bond intercept program6
established pursuant to section 23-5-139, or ten million dollars or less if7
the project is not for new construction and is funded solely from cash8
funds held by the institution.9
(6) (b) The commission shall review, at its next available meeting,10
any two-year projection of capital construction projects submitted by a11
state institution of higher education to be undertaken pursuant to12
subsection (9) of this section and estimated to require total project13
expenditures exceeding two FIVE million dollars if the capital14
construction project is for new acquisitions of real property or new15
construction and funded solely from cash funds held by the institution or16
the project is funded through the higher education revenue bond intercept17
program established pursuant to section 23-5-139, or exceeding ten18
million dollars if the project is not for new acquisitions of real property19
or new construction and is funded solely from cash funds held by the20
institution. The projection must include the estimated cost, the method of21
funding, and a schedule for project completion for each project.22
(9) (d) (II) A plan for a capital construction or capital renewal23
project is not subject to review or approval by the commission if such24
project is:25
(A) Estimated to require total expenditures of two FIVE million26
dollars or less if the capital construction project is for new acquisitions of27
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real property or for new construction and funded solely from cash funds1
held by the institution or the pr oject is funded through th e higher2
education revenue bond intercept program established pursuant to section3
23-5-139; or4
(B) Estimated to require total expenditures of ten million dollars5
or less if the project is not for new acquisitions of real property or for new6
construction and is funded solely from cash funds held by the institution;7
OR8
(C) FUNDED SOLELY FROM CASH FUNDS HELD BY THE INSTITUTION9
THAT ARE NOT DERIVED FROM STUDENT FEES , SO LONG AS THE10
INSTITUTION HAS NOT PARTICIPATED IN THE HIGHER EDUCATION REVENUE11
BOND INTERCEPT PROGRAM ESTABLISHED PURSUANT TO SECTION 23-5-13912
FOR AT LEAST THE PRECEDING FIVE YEARS.13
(11) (a) Each state institution of higher education shall submit to14
the commission on or before September 1 of each year a list and15
description of each project for which an expenditure was made during the16
immediately preceding fiscal year that:17
(III) Was estimated to require total expenditures of two FIVE18
million dollars or less if the capital construction project is for new19
acquisitions of real property or for new construction and was funded20
solely from cash funds held by the institution or the project was funded21
through the higher education revenue bond intercept program established22
pursuant to section 23-5-139, or was estimated to require total23
expenditures of ten million dollars or less if the project was not for new24
acquisitions of real property or for new construction and was funded25
solely from cash funds held by the institution; or26
27
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SECTION 6. In Colorado Revised Statutes, 23-20-129.5, amend1
(2) as follows:2
23-20-129.5. Enterprise auxiliary facility bonds.3
(2) The policies and procedures adopted pursuant to subsection (1)4
of this section shall MUST include but need not be limited to, the5
following requirements:6
(a) That, upon issuance of revenue bonds pursuant to section7
23-5-102, the university shall identify the primary revenue sources for8
payment of principal and interest on the bonds from among those9
revenues and other moneys MONEY pledged for payment of principal and10
interest on the revenue bonds;11
(b) That, upon issuance of revenue bonds pursuant to section12
23-5-102, the university shall perfor m a financial an alysis based upon13
assumptions approved by the board of regents and the state auditor, that14
demonstrates that revenues expected to be annually available from the15
sources identified under paragraph (a) of this subsection (2) SUBSECTION16
(2)(a) OF THIS SECTION will be sufficient to pay at least one hundred17
twenty-five percent of the annual principal and interest on the revenue18
bonds; AND19
(c) That the university shall annually review the revenue sources20
identified under paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF21
THIS SECTION to determine if the financial analysis required in paragraph22
(b) of this subsection (2) SUBSECTION (2)(b) OF THIS SECTION shows23
sufficient revenues for payment of principal and interest on the revenue24
bonds and, if the revenues are not sufficient, take such action as the board25
of regents and the state auditor shall require REQUIRES to assure that26
adequate revenues are available to pay the principal and interest on the27
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revenue bonds.1
(d) That the maximum annual debt service on all revenue bonds2
issued pursuant to section 23-5-102, except as provided for in sections3
23-5-101.8 and 23-5-103, outstanding at any time for the university shall4
not exceed ten percent of the university's unrestricted current fund5
expenditures plus mandatory transfers;6
(e) That the university shall establish and maintain such debt7
service reserves and such reserves for repair and replacement of any8
auxiliary facility or group of auxiliary facilities on behalf of which9
revenue bonds are issued pursuant to section 23-5-102 and as may be10
required by the terms of the resolution, indenture, or other document11
authorizing or executed in connection with the issuance of the revenue12
bonds and subject to review and approval by the state auditor; and13
(f) That the university shall annually report to the state auditor14
regarding compliance with the requirements specified in this subsection15
(2) and any additional requirements that may be imposed by the board of16
regents.17
SECTION 7. Safety clause. The general assembly finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety or for appropriations for20
the support and maintenance of the departments of the state and state21
institutions.22
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