Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0968.02 Jason Gelender x4330
SENATE BILL 22-176
Senate Committees House Committees
Appropriations Transportation & Local Government
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
HOUSE
3rd Reading Unamended
May 3, 2022
HOUSE
2nd Reading Unamended
May 2, 2022
SENATE
3rd Reading Unamended
April 14, 2022
SENATE
Amended 2nd Reading
April 13, 2022
SENATE SPONSORSHIP
Hansen and Rankin, Buckner, Fenberg, Fields, Ginal, Gonzales, Hinrichsen, Jaquez
Lewis, Lee, Moreno, Pettersen, Story, Winter
HOUSE SPONSORSHIP
McCluskie, Bernett, Boesenecker, Cutter, Esgar, Froelich, Gray, Herod, Hooton, Kipp,
Lindsay, McCormick, Titone, Valdez A., Woodrow
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fund is repealed on July 1, 2022.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
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
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, add 24-30-104 as14
follows:15
24-30-104. Burnham Yard rail property site - required16
development planning. T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT
17
OF PERSONNEL SHALL ENGAGE WITH STAKEHOLDERS INCLUDING THE CITY18
AND COUNTY OF DENVER, THE DEPARTMENT OF TRANSPORTATION , THE19
DEPARTMENT OF LOCAL AFFAIRS , THE REGIONAL TRANSPORTATION20
DISTRICT CREATED IN SECTION 32-9-105, AND THE COMMUNITIES ,21
INCLUDING DISPROPORTIONATELY IMPACTED COMMUNITIES , AS DEFINED22
IN SECTION 43-1-128 (2)(c), AND REGISTERED NEIGHBORHOOD23
ORGANIZATIONS IN THE VICINITY OF THE BURNHAM YARDS RAIL24
PROPERTY TO CREATE A SITE PLAN TO SUPPORT TRANSIT -ORIENTED25
DEVELOPMENT AT THE BURNHAM YARD RAIL PROPERTY SITE AND26
POTENTIAL RECOMMENDATIONS FOR HOW TO SUBALLOCATE PARCELS FOR27
176
-4- VARIOUS BENEFICIAL USES AT THE SITE. THE EXECUTIVE DIRECTOR SHALL,1
IN CONSULTATION WITH THE OTHER GOVERNMENTAL STAKEHOLDERS2
NAMED IN THIS SECTION, ACTIVELY REACH OUT TO THE COMMUNITIES ,3
INCLUDING DISPROPORTIONATELY IMPACTED COMMUNITIES , AND4
REGISTERED NEIGHBORHOOD ORGANIZATIONS IN THE VICINITY OF THE5
B
URNHAM YARDS RAIL PROPERTY REGARDING ALL STAGES OF THE
6
DEVELOPMENT OF THE PROPERTY , PROVIDE MEANINGFUL OPPORTUNITIES7
FOR MEMBERS OF THOSE COMMUNITIES TO EXPRESS THEIR VIEWS8
REGARDING THE DEVELOPMENT OF THE PROPERTY , AND ENDEAVOR TO9
IDENTIFY GROUPS OR INDIVIDUALS FROM THOSE COMMUNITIES WHO ARE10
INTERESTED IN AND CAPABLE OF REPRESENTING THE INTERESTS OF THOSE11
COMMUNITIES THROUGHOUT THE DEVELOPMENT PROCESS . THE EXECUTIVE12
DIRECTOR SHALL ALSO IDENTIFY ANY ADDITI ONAL STAKEHOLDERS , AND13
AS APPROPRIATE ALREADY ENGAGED STAKEHOLDERS , TO ENGAGE WITH14
WHO MAY HAVE AN INTEREST IN DEVELOPING THE SUBALLOCATED15
PARCELS FOR THE BEST USE SUCH AS THE DEPARTMENT OF LOCAL AFFAIRS16
FOR AFFORDABLE HOUSING , LOCAL HOUSING AUTHORITIES , AND THE17
GREAT OUTDOORS COLORADO PROGRAM FOR POTENTIAL GREEN SPACE18
DEVELOPMENT. THE SITE PLAN MUST CONSIDER OPPORTUNITIES FOR THE19
SITE INCLUDING FRONT RANGE PASSENGER RAIL SERVICE , MULTI-FAMILY20
AND AFFORDABLE HOUSING DEVELOPMENT , COMMUNITY BENEFITS, GREEN21
SPACES, PARKLAND, RECREATIONAL OPPORTUNITIES, RETAIL, AND LINKS22
TO TRANSIT AND MULTI-MODAL OPTIONS TO CONNECT THE SITE TO THE23
SURROUNDING COMMUNITY . THE SITE PLAN MUST PROMOTE THE24
DEVELOPMENT AND OPERATION OF QUALITY PUBLIC PRIVATE PARTNERSHIP25
OPPORTUNITIES AND INCLUDE A WELL -DEFINED FRAMEWORK TO26
FACILITATE COLLABORATION BETWEEN PUBLIC AND PRIVATE ENTITIES IN27
176
-5- INFRASTRUCTURE DEVELOPMENT AND OPERATION AND ENABLE1
INVESTMENT OF PUBLIC AND PRIVATE CAPITAL .2
SECTION 3. In Colorado Revised Statutes, 24-75-219, add3
(7)(g) and (7)(h) as follows:4
24-75-219. Transfers - transportation - capital construction -5
definitions - repeal. (7) In addition to any other transfers required by6
this section:7
(g) (I) O
N JUNE 15, 2022, THE STATE TREASURER SHALL TRANSFER
8
ONE MILLION NINE HUNDRED THOUSAND DOLLARS FROM THE GENERAL9
FUND TO THE SOUTHWEST CHIEF RAIL LINE ECONOMIC DEVELOPMENT ,10
RURAL TOURISM, AND INFRASTRUCTURE REPAIR AND MAINTENANCE FUND11
CREATED IN SECTION 43-4-1002.12
(II) T
HIS SUBSECTION (7)(g) IS REPEALED, EFFECTIVE JULY 1, 2022.
13
(h) (I) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER :
14
(A) S
IX MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE
15
GENERAL FUND TO THE STATE HIGHWAY FUND . THE DEPARTMENT OF16
TRANSPORTATION SHALL EXPEND THIS AMOUNT IN CONNECTION WITH THE17
DEVELOPMENT OF THE BURNHAM YARD RAIL PROPERTY FOR THE18
PURPOSES OF COMPLETING AN ENVIRONMENTAL ASSESSMENT ON19
RELOCATING THE CONSOLIDATED MAIN RAIL LINE AWAY FROM INTERSTATE20
HIGHWAY 25; AND21
(B) F
IVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND
22
TO THE UNUSED STATE-OWNED REAL PROPERTY FUND CREATED IN SECTION23
24-82-102.5
(5)(a).
24
(II) T
HIS SUBSECTION (7)(h) IS REPEALED, EFFECTIVE JULY 1, 2023.
25
SECTION 4. In Colorado Revised Statutes, 24-75-219, add26
(7)(g) and (7)(h) as follows:27
176
-6- 24-75-219. Transfers - transportation - capital construction -1
definitions - repeal. (7) In addition to any other transfers required by2
this section:3
(g) (I) O
N JUNE 15, 2022, THE STATE TREASURER SHALL TRANSFER4
TWO MILLION FOUR HUNDRED THOUSAND DOLLARS FROM THE GENERAL5
FUND TO THE SOUTHWEST CHIEF RAIL LINE ECONOMIC DEVELOPMENT ,6
RURAL TOURISM, AND INFRASTRUCTURE REPAIR AND MAINTENANCE FUND7
CREATED IN SECTION 43-4-1002.8
(II) T
HIS SUBSECTION (7)(g) IS REPEALED, EFFECTIVE JULY 1, 2022.9
(h) (I) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER10
SIX MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL11
FUND TO THE STATE HIGHWAY FUND . THE DEPARTMENT OF12
TRANSPORTATION SHALL EXPEND THIS AMOUNT IN CONNECTION WITH THE13
DEVELOPMENT OF THE BURNHAM YARD RAIL PROPERTY FOR THE14
PURPOSES OF COMPLETING AN ENVIRONMENTAL ASSESSMENT ON15
RELOCATING THE CONSOLIDATED MAIN RAIL LINE AWAY FROM INTERSTATE16
HIGHWAY 25.17
(II) T
HIS SUBSECTION (7)(h) IS REPEALED, EFFECTIVE JULY 1, 2023.18
SECTION 5.
In Colorado Revised Statutes, 32-22-104, amend19
(2)(a) as follows:20
32-22-104. Board of directors - appointment - meetings -21
compensation - conflicts of interest. (2) (a) The board shall convene for22
its first meeting no later than May 15, 2022, and shall, at that meeting,23
select a chairperson and vice-chairperson from among its membership.24
The board shall also determine how to instruct the state treasurer to25
complete the transfer, on July 1, 2022, of any remaining balance of the26
southwest chief rail line economic development, rural tourism, and27
176
-7- infrastructure repair and maintenance fund, as that fund existed before the1
repeal of section 43-4-1002 by Senate Bill 21-238, enacted in 2021, to the2
district as required by section 43-4-1004 (1).3
SECTION 6. In Colorado Revised Statutes, 43-4-1004, amend4
(1) as follows:5
43-4-1004. Repeal of part - transfer of fund balance to front6
range passenger rail district. (1) On July 1, 2022 JUNE 30, 2022, the7
state treasurer shall transfer any unencumbered balance of the fund to the8
front range passenger rail district as instructed by the board of directors9
of the district, or a designee of the board pursuant to section 32-22-10410
(2)(a). ISSUE TO THE DISTRICT A WARRANT PAID FROM THE FUND IN AN11
AMOUNT EQUAL TO THE UNENCUMBERED BALANCE OF THE FUND .12
SECTION 7. Effective date. (1) Except as otherwise provided13
in this section, this act takes effect upon passage.14
(2) Sections 2 and 3 of this act take effect only if Senate Bill15
22-130 becomes law, in which case sections 2 and 3 take effect upon the16
effective date of this act or Senate Bill 22-130, whichever is later.17
(3) Section 4 of this act takes effect only if Senate Bill 22-13018
does not become law.19
SECTION 8. Safety clause. The general assembly hereby finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety.22
176
-8-