Senate Bill 25-081, introduced in the 2025 Colorado legislative session, aims to enhance the state's public financing mechanisms and infrastructure development. Key provisions of the bill include:
Amendments to the State Public Financing Cash Fund:
Removal of Financial Obligation Limits: The bill eliminates the cap on amounts from certain state-issued financial obligations that the state treasurer can credit to the State Public Financing Cash Fund.
Simplification of Reimbursement Procedures: It removes the requirement for bond counsel approval before using fund money to reimburse the state treasurer for verifiable costs.
Authorization for Security Token Offerings:
State Capital Financing: The bill permits the state treasurer to utilize security token offerings for state capital financing and grants the authority to adopt necessary rules for this purpose.
Establishment of the Building Urgent Infrastructure and Leveraging Dollars Authority:
Purpose: This new authority is designed to finance infrastructure projects that are ready for construction or commencement.
Eligible Projects: The authority can finance projects including, but not limited to, transportation facilities, utility infrastructure, renewable energy infrastructure, recycling infrastructure, energy efficiency infrastructure, educational facilities, water infrastructure, affordable and accessible housing, and digital or social infrastructure related to economic development.
Board Composition: The authority is governed by a 9-member board comprising:
The state treasurer or their designee.
The state architect or their designee.
The chair of the capital development committee of the general assembly or any successor committee.
A member of the capital development committee who is the longest-serving member from the major political party opposite to that of the chair.
A representative of a statewide organization of general and specialty commercial construction contractors, appointed by the governor.
A representative of a statewide employee organization representing building and construction trade workers, appointed by the president of the senate.
An individual representing service employees.
An individual with a background in finance and experience with pension fund management, appointed by the state treasurer.
An individual with a background in finance and experience with bonds, appointed by the state treasurer.
Authority's Powers: The authority can:
Enter into agreements and contracts necessary to achieve its purposes.
Charge fees to state agencies and individuals in connection with its loans or services.
Issue and sell bonds payable solely from the authority's bonding fund.
Invest and deposit money.
Finance or participate in financing eligible projects or interests in such projects.
Infrastructure and Long-Term Development Assistance Program: The bill establishes a program within the authority to provide financing for eligible projects, requiring the development of policies and procedures specifying application criteria, processes, and selection procedures.
Summary
Section 1 of the bill amends the state public financing cash fund (fund) statute in 2 ways. First, the bill removes the limit on the amounts included in the issuance or incurrence of certain financial obligations by the state that the state treasurer credits to the fund. Second, the bill modifies the fund so that bond counsel approval is no longer needed before money in the fund is used to reimburse the state treasurer for certain verifiable costs. Section 2 allows the state treasurer to use a security token offering
for state capital financing and adopt rules as necessary to do so. Section 3 creates a new special purpose authority: The building
urgent infrastructure and leveraging dollars authority (authority). The authority's primary purpose is to finance certain infrastructure projects that are ready for construction or commencement. As used in this context, an infrastructure project is a project that includes, but is not limited to, the development, construction, repair, improvement, operation, maintenance, decommissioning, or ownership of: A transportation facility; utility infrastructure; renewable energy infrastructure; recycling infrastructure; energy efficiency infrastructure; an education facility; water infrastructure; affordable and accessible housing stock; or digital, social, or other infrastructure related to economic development.
The powers of the authority are vested in a 9-member board with
the following membership:
•
The state treasurer or the state treasurer's designee;
•
The state architect or the state architect's designee;
•
The chair of the capital development committee of the general assembly or any successor committee;
•
A member of the capital development committee of the general assembly or any successor committee who is the longest serving member on the committee and who is a member of the major political party other than the party of the chair of the committee;
•
A representative of a statewide organization of general and specialty commercial construction contractors, appointed by the governor;
•
A representative of a statewide employee organization representing building and construction trade workers, appointed by the president of the senate;
•
An individual representing service employees;
•
An individual with a background in finance who has experience with pension fund management, appointed by the state treasurer; and
•
An individual with a background in finance who has experience with bonds, appointed by the state treasurer.
The state treasurer or the state treasurer's designee shall serve as the chair and shall call the first meeting of the board no later than January 1, 2026.
Among other powers, the authority may: •
Make and execute agreements, contracts, and other instruments as necessary to achieve the authority's purposes, including contracting with the officers, personnel, and consultants of the state treasurer to achieve its purposes;
•
Charge to and collect from state agencies and persons fees and charges in connection with the authority's loans or other services;
•
Issue and sell building urgent infrastructure and leveraging dollars bonds, payable solely from the building urgent infrastructure and leveraging dollars bonding fund created within the authority;
•
Invest and deposit money; and
•
Finance or participate in the financing of eligible projects or any interest in such a project.
The infrastructure and long-term development assistance program
(program) is created in the authority to allow for the authority to provide financing for eligible projects. The bill requires the authority to develop policies and procedures necessary to implement the program. At a minimum, the policies and procedures must specify application criteria, an application process, and a selection process for the authority to determine which eligible projects it will finance or assist in financing through the program. The authority shall pay for such financing out of the eligible project revolving fund created in the authority.
