2013 Capital
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
HB13-1026WICHE Equipment & Renovation Fee Approp Reqmnt FISCHER / SCHWARTZ Capital Development Committee. Legislation was enacted in 2009 to simplify the approval process for capital construction projects initiated by a state institution of higher education if the project is funded from cash funds held by the institution. Consequently, an appropriation from a cash fund is no longer necessary in the annual general appropriation act for a capital construction project funded in such a way. Existing statute related to the equipment and renovation fee assessed as a part of the western interstate commission for higher education compact still requires an appropriation to Colorado state university from such a fund. The bill seeks to modernize this statute in accordance with the simplification process adopted in 2009. 03/08/2013 Governor Action - Signed
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HB13-1044Authorize Graywater Use FISCHER / SCHWARTZ 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 that portion of wastewater that, before being treated or combined with other wastewater, is collected from fixtures within residential, commercial, or industrial buildings or institutional facilities for the purpose of being put to beneficial uses authorized by the water quality control commission (commission) in the department of public health and environment. Sources of graywater may include discharges from bathroom and laundry room sinks, bathtubs, showers, and laundry machines, as well as water from other sources authorized by rules promulgated by the commission. Graywater does not include wastewater from toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers. Graywater must be collected in a manner that minimizes household wastes, human excreta, animal or vegetable matter, and chemicals that are hazardous or toxic, as determined by the commission. Section 2 also defines "graywater treatment works". Section 3 authorizes the commission to establish minimum statewide requirements, standards, and prohibitions. Graywater may only be used:
* In accordance with the terms and conditions of applicable decrees or well permits for source water rights or source water and any return flows therefrom;
* In accordance with all federal, state, and local requirements; and
* If a local government adopts a resolution or ordinance authorizing its use. Sections 4 and 5 give counties and municipalities the discretion to authorize graywater use and the exclusive authority to enforce compliance with their graywater use resolutions and ordinances. Section 6 authorizes the board of any groundwater management district to adopt rules restricting the use of graywater treatment works. Section 6 also permits a person using a small capacity well within a designated basin to use graywater, subject to the limitations on use contained in the well permit. Sections 7, 8, and 10 authorize a person withdrawing water from a well to use graywater, subject to the limitations on use contained in the well permit or, if applicable, in an approved replacement plan or a decreed plan of augmentation. Section 9 concerns graywater use by water users served by a municipality's or water district's water supplies. The graywater must be used for purposes that are permissible under the municipality's or water district's water rights. Such use of graywater is not reuse and is deemed not to cause injury. 
05/16/2013 Governor action - signed
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HB13-1090Construction Contractor Subcontractor Prompt Pay FISCHER / TOCHTROP The bill sets the following requirements for both private and public construction contracts:
* The owner and contractor must make regular progress payments approximately every 30 days to contractors and subcontractors for work actually performed.
* To receive the progress payments, the contractor and subcontractor must submit a progress payment invoice plus any required documents.
* A contractor must pass on the progress payment to the subcontractor within 5 days or by the end of the billing cycle.
* Interest accrues on unpaid progress payments.
* A contract may extend a billing cycle to 60 days, but the contract must duly warn of this.
* An owner or contractor may only retain 5% of each progress payment to ensure work is done properly.
* If a subcontractor's work is done before the whole project is done, the subcontractor may apply to be paid the retained 5%. The owner and contractor must pay the retainage if the work is done correctly and the subcontractor gives waivers and the proper documents.
* A person who retains from a payment must give the contractor or subcontractor a chance to cure the default.
* The owner and contractor must pay for changes made to the contract. If they cannot agree on the price, the person doing the work may bill monthly at cost plus 15% or terminate performance.
* A contractor or subcontractor is authorized to suspend performance after 15 days notice if the owner or contractor fails to make progress payments.
* After suspending performance, the contractor or subcontractor is obliged to resume work after being paid for the work and reasonable costs and interest.
* A contractor or subcontractor may not suspend performance if the failure to make a payment is due to a failure of the contractor or subcontractor or a dispute about the construction. The bill voids any provision in a construction contract that does not comply with these requirements. 
02/28/2013 House Committee on Business, Labor, Economic, & Workforce Development Postpone Indefinitely
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SB13-028Track Utility Data High Performance State Building JONES / TYLER For all state-assisted facilities that complete the design process on or after July 1, 2013, each state agency is required to monitor, track, and verify utility vendor bill data pertaining to the state-assisted facility and annually report to the office of the state architect any necessary information used to ensure that the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable are recouped. A state agency may use a commercial utility tracking software for this purpose. The annual report must include information related to building performance based on the state-assisted facility's utility consumption. State-assisted facilities that have achieved the highest performance certification attainable and completed the design process prior to July 1, 2013, are strongly encouraged to monitor, track, and verify utility vendor bill data pertaining to such state-assisted facility to ensure that the increased initial costs to achieve the highest performance certification attainable are recouped. 03/22/2013 Governor Action - Signed
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SB13-052Transit-oriented Development Claims SCHEFFEL / DELGROSSO With respect to construction defect actions involving transit-oriented development, the bill makes the following changes to the law:
* Section 1 creates the "Transit-oriented Development Claims Act of 2013".
* Section 2 institutes a right to repair for construction professionals that receive a notice of claim with respect to a construction defect in a transit-oriented development.
* Section 3 institutes a binding arbitration requirement for claims against construction professionals with respect to transit-oriented development. This section also makes construction professionals immune to suit for environmental conditions including noise, odors, light, temperatures, humidity, vibrations, and smoke or fumes causally related to transit, commercial, public, or retail use. With respect to construction defect actions in general:
* Section 4 clarifies the statute of repose for the 6-year statute of limitations for actions against architects, contractors, builders, builder vendors, engineers, or inspectors involved in improvements to real property. 
04/17/2013 Senate Committee on Judiciary Postpone Indefinitely
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