(1) The office of the state architect shall: (a) With the approval of the governor, negotiate and execute leases on behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use; (a.5) Notwithstanding section 24-30-1301 (15)(a), with the approval of the governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests; (b) With the approval of the governor, negotiate and approve easements and rights-of- way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state; (c) Repealed. (d) Supervise and be responsible for the expenditure of funds appropriated by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education; (e) Maintain a current record of balances by project in the capital construction and controlled maintenance funds; (f) Cause to be developed and enforced methods of internal control, on standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders; (g) Repealed. (h) Develop, or cause to be developed, with the approval of the governor, specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly; (i) Develop a construction procedures manual for real property, with the approval of the governor; (j) Develop, or cause to be developed, standards of inspection, with the approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant; (k) Coordinate initiation of budget requests for those capital construction or capital renewal projects for which the executive director shall be designated as principal representative by the governor; (k.5) Coordinate initiation of budget requests for controlled maintenance projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan. (l) and (m) Repealed. (n) (I) (Deleted by amendment, L. 94, p. 567, § 20, effective April 6, 1994.) (II) Develop, or cause to be developed, methods of control on a standardized basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning. (o) (Deleted by amendment, L. 94, p. 567, § 20, effective April 6, 1994.) (p) Develop and maintain, or cause to be developed and maintained, at state agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article; (q) Develop and maintain, or cause to be developed and maintained, at state agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects; (r) Promulgate rules for independent third-party review of facility program plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be. (s) (I) Promulgate rules and regulations for the administration of the bid procedure and acceptable methods for determining the lowest responsible bidder; (II) In cooperation with the project architect, engineer, or consultant, be responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine; (III) When directly responsible for the bid procedure, recommend the lowest responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant; (IV) Promulgate, with the assistance of the attorney general and the state controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education; (V) Review and approve modifications to such standard contract language; (s.5) Work with the office of state planning and budgeting, the Colorado commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects; (t) (I) Make recommendations on capital construction and capital renewal project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan. (II) Be responsible for the preparation of the state's controlled maintenance budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee; (u) and (v) Repealed. (w) Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction, assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis. (x) and (y) Repealed. (z) Establish minimum building codes, with the approval of the governor and the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist. (aa) Repealed. (bb) Develop and maintain a list of the information required to be included in facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5); (cc) Develop procedures for the submission of facility management plans and updates pursuant to section 24-30-1303.5 (3.5); and (dd) Review facility management plans and updates submitted pursuant to section 24- 30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee. (ee) (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, § 75, effective August 5, 2009.) (ff) (I) (A) On or before January 1, 2025, adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement. (B) On or before January 1, 2030, adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement. (II) Notwithstanding any other provision of this subsection (1)(ff), the office of the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code. (III) Nothing in this subsection (1)(ff) restricts the ability of an investor-owned utility with approval from the public utilities commission to: (A) Provide incentives or other energy efficiency program services to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or (B) Earn shareholder incentives and claim credits toward its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff). (IV) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff). (V) (A) A utility shall be allowed to count mass-based emissions reductions associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements. (B) A utility subject to regulation by the public utilities commission shall not be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission. (2) The provisions of subsection (1) of this section shall not apply to lands under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife. (3) (a) All real property, except public roads and highways, projects under the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section. (b) Projects under the supervision of the division of parks and wildlife that are excluded from paragraph (a) of this subsection (3), shall: (I) Maintain a current record of balances by capital project, including but not limited to: (A) Planned budgets, actual expenditures, and additions or deletions to and components of projects; and (B) Items categorized for professional services, construction or improvement, contingencies, and moveable equipment. (II) Notwithstanding section 24-1-136 (11)(a)(I), report the current record of balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee. (c) (I) All real property under the supervision of the judicial department erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards. (II) The judicial department is authorized to hire private construction managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project. (III) The judicial department is authorized to perform the responsibilities and functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department. (4) When the principal representative is a legislative agency, the principal representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section. (5) (a) The office may delegate to state agencies or state institutions of higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently. (b) The office may authorize state agencies or state institutions of higher education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation. (c) If the state architect determines that the governing board of a state institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2). (d) Upon application by any state agency or state institution of higher education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form. (6) Nothing in this article is intended to diminish the authority granted to the judicial department or the state court administrator in Senate Bill 08-206. (7) By June 30, 2025, the office of the state architect shall develop, in coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.
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