§ 22-43.7-106. Public School Capital Construction Assistance Board – Creation – General Powers and Duties – Rules

1. 1. There is hereby created within the department the public school capital construction assistance board, which shall exercise its powers and perform its duties and functions under the department as if the same were transferred to the department by a type 1 transfer, as such transfer is defined in the “Administrative Organization Act of 1968”, article 1 of title 24, C.R.S. The board shall consist of nine appointed members, none of whom shall hold any state elective office. Five voting members of the board shall constitute a quorum. Board members shall be appointed as follows:
      1. The state board shall appoint three members from different areas of the state and from urban, suburban, and rural school districts. The members appointed by the state board shall all have demonstrated experience regarding public school facility issues and shall include:
         1. One member who is a school district board member at the time of appointment;
         2. One member who is a public school superintendent or administrator at the time of appointment or has recent experience as a public school superintendent or administrator; and
         3. One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager.
      2. The governor shall appoint three members. The members appointed by the governor shall include:
         1. One member who is an architect whose professional practice includes the design and rehabilitation of public school facilities at the time of appointment or who has recent experience rehabilitating existing public school facilities and designing new public school facilities;
         2. One member who is an engineer whose professional practice at the time of appointment includes public school facilities engineering or who has recent experience in public school facilities engineering; and
         3. One member who is a construction manager who at the time of appointment manages public school facilities construction projects or who has recent experience managing such projects.
      3. The general assembly shall appoint three members, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and one of whom shall be appointed jointly by the minority leaders of the house of representatives and the senate. The members appointed by the general assembly shall include:
         1. One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager;
         2. One member who has expertise in technology, including but not limited to technology for individual student learning and classroom instruction; and
         3. One member who has public school finance expertise and knowledge regarding public school trust lands.
   2. Members of the board shall serve for terms of two years and may serve up to three consecutive terms; except that the initial terms of one of the members appointed by the state board, one of the members appointed by the governor, and the members appointed by the president of the senate and the minority leaders of the house of representatives and the senate shall be one year. The appointing authority for a member may remove the member for any cause that renders the member incapable of discharging or unfit to discharge the member’s duties. The appropriate appointing authority shall fill any vacancy in the membership of the board by appointment, and a member appointed to fill a vacancy shall serve until the expiration of the term for which the vacancy was filled. Members of the board shall serve without compensation but shall receive reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. The board shall elect a chair at its initial meeting.
2. The function of the board is to protect the health and safety of students, teachers, and other persons using public school facilities and maximize student achievement by ensuring that the condition and capacity of public school facilities are sufficient to provide a safe and uncrowded environment that is conducive to students’ learning. In performing its function, the board shall ensure the most equitable, efficient, and effective use of state revenues dedicated to provide financial assistance for capital construction projects pursuant to the provisions of this article 43.7 by assessing public school capital construction needs throughout the state and providing expert recommendations based on objective criteria to the state board regarding the appropriate prioritization and allocation of such financial assistance. To further the performance of its function, the board, in addition to any other powers and duties specified in this article 43.7, has the following powers and duties:
   1. To establish public school facility construction guidelines as specified in section 22-43.7-107 to use in reviewing financial assistance applications and recommending to the state board a prioritized list of projects recommended to receive financial assistance as specified in paragraph (c) of this subsection (2);
   2. As soon as possible following the establishment of school facility construction guidelines pursuant to paragraph (a) of this subsection (2), to conduct or contract for a financial assistance priority assessment of public school buildings and facilities in this state based on the criteria set forth in section 22-43.7-107 (2);
   3. To review financial assistance applications and prepare and submit to the state board a prioritized list of projects to receive financial assistance and the amount and type of financial assistance that should be provided for each project;
   4. To establish guidelines for the division to follow when assisting potential applicants in identifying critical capital construction needs and preparing financial assistance applications pursuant to section 22-43.7-105 (2)(d);
   5. With the support of the division, to assist applicants that cannot feasibly maintain their own construction management staff in implementing the projects for which financial assistance is provided, including but not limited to providing assistance with the preparation of requests for bids or proposals, contract negotiations, contract implementation, and project and construction management;
   6. With the support of the division, to assist applicants in implementing energy-efficient public school facility design and construction practices;
   7. To authorize the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state as authorized by this article 43.7 in order to finance public school facility capital construction;
   8. To enter into sub-financed purchase of an asset or certificate of participation agreements on behalf of the state to sub-finance public school facilities financed by the financed purchase of an asset or certificate of participation agreements to applicants; and
   9. 1. To promulgate such rules, in accordance with article 4 of title 24, C.R.S., as are necessary and proper for the administration of this article, including but not limited to:
      2. The board shall provide a copy of any proposed board rule to the state board on or before the date on which the board issues a notice of proposed rule-making for the rule pursuant to section 24-4-103 (3), C.R.S.

      (A) Conflict of interest rules for board members;

      (B) Rules establishing evaluation criteria for matching moneys requirement waiver or reduction applications submitted to the board pursuant to section 22-43.7-109 (10); and

      (C) Rules establishing the means by which public school facilities and projects financed in whole or in part with financial assistance provided pursuant this article are to be publicly identified as having been so financed.

Source: L. 2008: Entire article R&RE, p. 1046, § 1, effective May 22. L. 2009: IP(1)(a) amended, (SB 09-257), ch. 424, p. 2367, § 4, effective June 4. L. 2021: IP(2), (2)(g), and (2)(h) amended, (HB 21-1316), ch. 325, p. 2005, § 16, effective July 1.