JBC moves most ARPA transfers to general fund but holds Burnham Yard amid cleanup and sale uncertainty

The Joint Budget Committee voted to transfer a slate of unencumbered American Rescue Plan Act (ARPA/SLFRF) cash funds into the general fund while leaving the Burnham Yard sale and associated cleanup funding unresolved.

JBC staffer Julia Bova told the committee the package she recommended included a $3.8 million transfer for state capital facilities (round 1) and $418,588 for controlled maintenance (round 2) but that she did not recommend transferring Burnham Yard funds without more clarity on the proposed sale. "The Broncos have agreed to buy the property to cover CDOT's loan," Bova said, "but there is no formal contract yet." The committee accepted the staff recommendation on ARPA transfers excluding Burnham Yard; Vice Chair Bridges moved the motion and it passed 6–0.

Committee members pressed for financial detail. Representative Taggart asked whether cleanup costs would effectively raise the state's investment and whether the Broncos would be responsible for remediation; Bova and other members said portions of the cleanup are being handled by existing offices and that further cleanup would likely fall to the buyer once a sale agreement was finalized. Estimates discussed on the record ranged from roughly $9 million to, as some members suggested, up to about $14 million.

Several lawmakers argued the Burnham Yard obligation should remain with enterprise accounts that originally financed the purchase rather than being shifted to the general fund. Senator Kirkmeyer noted the High Performance Transportation Enterprise (HPTE) originally financed the site and asked why the enterprise could not cover remediation costs; Bova said the original loan remains with the enterprise but the P3 office/DPA is functioning as the property manager and some funds have been moved through interagency agreements.

The committee left the Burnham Yard transfer off the package for now and directed staff and members to seek additional documentation — including sale terms and a contract if one emerges — before deciding whether to shift those specific funds into the general fund. For the other ARPA items Bova listed as available to transfer, the committee approved staff’s recommendation to take those amounts in this budget round.