Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0968.02 Jason Gelender x4330 SENATE BILL 22-176 Senate Committees House Committees Appropriations A BILL FOR AN ACT C ONCERNING FUNDING OF WORK RE QUIRED FOR EARLY STAGE FRONT101 RANGE PASSENGER RAIL CORRIDOR DEVELOPMENT .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill provides funding for early stage work required for front range passenger rail corridor development by: ! Requiring the state treasurer to transfer $2,400,000 from the general fund to the southwest chief rail line economic development, rural tourism, and infrastructure repair and maintenance fund (fund) on June 15, 2022. This will cause SENATE SPONSORSHIP Hansen and Rankin, HOUSE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. the transferred money to be paid to the front range passenger rail district (district) when the unencumbered balance of the fund is paid to the district, as required by current law as technically amended by the bill, before the fund is repealed on July 1, 2022. ! Transferring $6,500,000 from the general fund to the state highway fund for the purpose of funding specified environmental assessment work required in connection with the development of the Burnham Yard rail property. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 hereby finds and declares that:3 (a) For close to 150 years, the Burnham Yard site was a central4 agent of economic activity for the Denver metropolitan region, but by the5 turn of the 21st century, its importance as an economic engine lessened6 as other modes of freight and individual transportation became the7 preference;8 (b) For the first time since statehood, Colorado has an opportunity9 to reimagine the heavy infrastructure in the area of the Burnham Yard site10 and to make changes that meet state needs today and into the future;11 (c) Due to its central location and proximity to downtown Denver,12 the Burnham Yard site currently offers significant potential for both rail13 realignment projects and redevelopment;14 (d) Any portion of the Burnham Yard site that is not needed for15 transportation purposes will be sold and used for economic development16 and affordable housing;17 (e) The proposed development of Burnham Yard has the potential18 to provide two additional tracks to the rail corridor, adding capacity for19 the regional transportation district and future front range passenger rail20 SB22-176-2- service;1 (f) The development will move the railroad tracks away from2 interstate highway 25, making room for future interstate highway 253 projects and highway safety improvements;4 (g) The development will also reroute and expand the Burlington5 Northern and Santa Fe railway consolidated main line, increasing overall6 connectivity into downtown Denver from points south;7 (h) The department of transportation entered into a 30-year lease8 for the entire Burnham Yard site and prepaid 5 years of that lease totaling9 $15 million with the intent, within 5 years, of identifying which portions10 of the site are needed for transportation purposes;11 (i) Once the department has identified which portions of the site12 are needed for transportation projects through the federal "National13 Environmental Policy Act of 1969" (NEPA) review process, remaining14 portions of the site can be sold to enhance housing and economic15 development in the Denver metropolitan area;16 (j) The Burnham Yard site provides the critical access to Union17 Station needed to make front range passenger rail successful;18 (k) Front range passenger rail is a proposed 190-mile rail corridor19 connecting the population centers of the front range;20 (l) Union Station provides the best access to the urban core of21 Denver, and access to Union Station from points south is highly22 constrained due to existing developments;23 (m) The development of the Burnham Yard site will enable new24 track construction that will decrease travel times and make passenger rail25 more effective;26 (n) The $2.4 million investment in the front range passenger rail27 SB22-176 -3- district made by this act provides matching dollars for contributions from1 the federal government;2 (o) Additional needs for this funding include further development3 of the rail service development plan, operations plan, and front range4 passenger rail district financial plan, all of which are necessary next steps5 to facilitate the NEPA planning process, define a feasible passenger rail6 service, and move the development of front range passenger rail into the7 next phase; and8 (p) The funding for the front range passenger rail district and the9 additional funding provided in this act for the development of the10 Burnham Yard site will help Colorado become competitive for potential11 federal funding for capital improvements and an Amtrak partnership for12 state-operated passenger rail service.13 SECTION 2. In Colorado Revised Statutes, 24-75-219, add14 (7)(g) and (7)(h) as follows:15 24-75-219. Transfers - transportation - capital construction -16 definitions - repeal. (7) In addition to any other transfers required by17 this section:18 (g) (I) O N JUNE 15, 2022, THE STATE TREASURER SHALL TRANSFER19 TWO MILLION FOUR HUNDRED T HOUSAND DOLLARS FROM THE GENERAL20 FUND TO THE SOUTHWEST CHIEF RAIL LINE ECONOMIC DEVELOPMENT ,21 RURAL TOURISM, AND INFRASTRUCTURE REPAIR AND MAINTENANCE FUND22 CREATED IN SECTION 43-4-1002.23 (II) T HIS SUBSECTION (7)(g) IS REPEALED, EFFECTIVE JULY 1, 2022.24 (h) (I) O N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER25 SIX MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL26 FUND TO THE STATE HIGHWAY FUND . THE DEPARTMENT OF27 SB22-176 -4- TRANSPORTATION SHALL EXPEND THIS AMOUNT IN CONNECTION WITH THE1 DEVELOPMENT OF THE BURNHAM YARD RAIL PROPERTY FOR THE2 PURPOSES OF COMPLETING AN ENVIRONMENTAL ASSESSMENT ON3 RELOCATING THE CONSOLIDATED MAIN RAIL LINE AWAY FROM INTERSTATE4 HIGHWAY 25.5 (II) T HIS SUBSECTION (7)(h) IS REPEALED, EFFECTIVE JULY 1, 2023.6 SECTION 3. In Colorado Revised Statutes, 32-22-104, amend7 (2)(a) as follows:8 32-22-104. Board of directors - appointment - meetings -9 compensation - conflicts of interest. (2) (a) The board shall convene for10 its first meeting no later than May 15, 2022, and shall, at that meeting,11 select a chairperson and vice-chairperson from among its membership.12 The board shall also determine how to instruct the state treasurer to 13 complete the transfer, on July 1, 2022, of any remaining balance of the14 southwest chief rail line economic development, rural tourism, and15 infrastructure repair and maintenance fund, as that fund existed before the16 repeal of section 43-4-1002 by Senate Bill 21-238, enacted in 2021, to the17 district as required by section 43-4-1004 (1).18 SECTION 4. In Colorado Revised Statutes, 43-4-1004, amend19 (1) as follows:20 43-4-1004. Repeal of part - transfer of fund balance to front21 range passenger rail district. (1) On July 1, 2022 JUNE 30, 2022, the22 state treasurer shall transfer any unencumbered balance of the fund to the23 front range passenger rail district as instructed by the board of directors24 of the district, or a designee of the board pursuant to section 32-22-10425 (2)(a). ISSUE TO THE DISTRICT A WARRANT PAID FROM THE FUND IN AN26 AMOUNT EQUAL TO THE UNENCUMBERED BALANCE OF THE FUND .27 SB22-176 -5- SECTION 5. Safety clause. The general assembly hereby finds,1 determines, and declares that this act is necessary for the immediate2 preservation of the public peace, health, or safety.3 SB22-176 -6-