SENATE BILL 22-176
BY SENATOR(S) Hansen and Rankin, Buckner, Fields, Ginal, Gonzales,
Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen, Story, Winter, Fenberg;
also REPRESENTATIVE(S) McCluskie, Bernett, Boesenecker, Cutter,
Esgar, Gray, Herod, Hooton, Kipp, Lindsay, McCormick, Titone,
Valdez A., Woodrow, Froelich.
C
ONCERNING FUNDING OF WORK REQUIRED FOR EARLY STAGE FRONT RANGE
PASSENGER RAIL CORRIDOR DEVELOPMENT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) For close to 150 years, the Burnham Yard site was a central
agent of economic activity for the Denver metropolitan region, but by the
turn of the 21st century, its importance as an economic engine lessened as
other modes of freight and individual transportation became the preference;
(b) For the first time since statehood, Colorado has an opportunity
to reimagine the heavy infrastructure in the area of the Burnham Yard site
and to make changes that meet state needs today and into the future;
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (c) Due to its central location and proximity to downtown Denver,
the Burnham Yard site currently offers significant potential for both rail
realignment projects and redevelopment;
(d) Any portion of the Burnham Yard site that is not needed for
transportation purposes will be sold and used for economic development
and affordable housing;
(e) The proposed development of Burnham Yard has the potential
to provide two additional tracks to the rail corridor, adding capacity for the
regional transportation district and future front range passenger rail service;
(f) The development will move the railroad tracks away from
interstate highway 25, making room for future interstate highway 25
projects and highway safety improvements;
(g) The development will also reroute and expand the Burlington
Northern and Santa Fe railway consolidated main line, increasing overall
connectivity into downtown Denver from points south;
(h) The department of transportation entered into a 30-year lease for
the entire Burnham Yard site and prepaid 5 years of that lease totaling $15
million with the intent, within 5 years, of identifying which portions of the
site are needed for transportation purposes;
(i) Once the department has identified which portions of the site are
needed for transportation projects through the federal "National
Environmental Policy Act of 1969" (NEPA) review process, remaining
portions of the site can be sold to enhance housing and economic
development in the Denver metropolitan area;
(j) The Burnham Yard site provides the critical access to Union
Station needed to make front range passenger rail successful;
(k) Front range passenger rail is a proposed 190-mile rail corridor
connecting the population centers of the front range;
(l) Union Station provides the best access to the urban core of
Denver, and access to Union Station from points south is highly constrained
PAGE 2-SENATE BILL 22-176 due to existing developments;
(m) The development of the Burnham Yard site will enable new
track construction that will decrease travel times and make passenger rail
more effective;
(n) The $2.4 million investment in the front range passenger rail
district made by this act provides matching dollars for contributions from
the federal government;
(o) Additional needs for this funding include further development
of the rail service development plan, operations plan, and front range
passenger rail district financial plan, all of which are necessary next steps
to facilitate the NEPA planning process, define a feasible passenger rail
service, and move the development of front range passenger rail into the
next phase; and
(p) The funding for the front range passenger rail district and the
additional funding provided in this act for the development of the Burnham
Yard site will help Colorado become competitive for potential federal
funding for capital improvements and an Amtrak partnership for
state-operated passenger rail service.
SECTION 2. In Colorado Revised Statutes, add 24-30-104 as
follows:
24-30-104. Burnham Yard rail property site - required
development planning. T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
PERSONNEL SHALL ENGAGE WITH STAKEHOLDERS INCLUDING THE CITY AND
COUNTY OF
DENVER, THE DEPARTMENT OF TRANSPORTATION , THE
DEPARTMENT OF LOCAL AFFAIRS
, THE REGIONAL TRANSPORTATION DISTRICT
CREATED IN SECTION
32-9-105, AND THE COMMUNITIES , INCLUDING
DISPROPORTIONATELY IMPACTED COMMUNITIES
, AS DEFINED IN SECTION
43-1-128 (2)(c), AND REGISTERED NEIGHBORHOOD ORGANIZATIONS IN THE
VICINITY OF THE
BURNHAM YARDS RAIL PROPERTY TO CREATE A SITE PLAN
TO SUPPORT TRANSIT
-ORIENTED DEVELOPMENT AT THE BURNHAM YARD
RAIL PROPERTY SITE AND POTENTIAL RECOMMENDATIONS FOR HOW TO
SUBALLOCATE PARCELS FOR VARIOUS BENEFICIAL USES AT THE SITE
. THE
EXECUTIVE DIRECTOR SHALL
, IN CONSULTATION WITH THE OTHER
GOVERNMENTAL STAKEHOLDERS NAMED IN THIS SECTION
, ACTIVELY REACH
PAGE 3-SENATE BILL 22-176 OUT TO THE COMMUNITIES , INCLUDING DISPROPORTIONATELY IMPACTED
COMMUNITIES
, AND REGISTERED NEIGHBORHOOD ORGANIZATIONS IN THE
VICINITY OF THE
BURNHAM YARDS RAIL PROPERTY REGARDING ALL STAGES
OF THE DEVELOPMENT OF THE PROPERTY
, PROVIDE MEANINGFUL
OPPORTUNITIES FOR MEMBERS OF THOSE COMMUNITIES TO EXPRESS THEIR
VIEWS REGARDING THE DEVELOPMENT OF THE PROPERTY
, AND ENDEAVOR TO
IDENTIFY GROUPS OR INDIVIDUALS FROM THOSE COMMUNITIES WHO ARE
INTERESTED IN AND CAPABLE OF REPRESENTING THE INTERESTS OF THOSE
COMMUNITIES THROUGHOUT THE DEVELOPMENT PROCESS
. THE EXECUTIVE
DIRECTOR SHALL ALSO IDENTIFY ANY ADDITIONAL STAKEHOLDERS
, AND AS
APPROPRIATE ALREADY ENGAGED STAKEHOLDERS
, TO ENGAGE WITH WHO
MAY HAVE AN INTEREST IN DEVELOPING THE SUBALLOCATED PARCELS FOR
THE BEST USE SUCH AS THE DEPARTMENT OF LOCAL AFFAIRS FOR
AFFORDABLE HOUSING
, LOCAL HOUSING AUTHORITIES , AND THE GREAT
OUTDOORS
COLORADO PROGRAM FOR POTENTIAL GREEN SPACE
DEVELOPMENT
. THE SITE PLAN MUST CONSIDER OPPORTUNITIES FOR THE SITE
INCLUDING FRONT RANGE PASSENGER RAIL SERVICE
, MULTI-FAMILY AND
AFFORDABLE HOUSING DEVELOPMENT
, COMMUNITY BENEFITS , GREEN
SPACES
, PARKLAND, RECREATIONAL OPPORTUNITIES, RETAIL, AND LINKS TO
TRANSIT AND MULTI
-MODAL OPTIONS TO CONNECT THE SITE TO THE
SURROUNDING COMMUNITY
. THE SITE PLAN MUST PROMOTE THE
DEVELOPMENT AND OPERATION OF QUALITY PUBLIC PRIVATE PARTNERSHIP
OPPORTUNITIES AND INCLUDE A WELL
-DEFINED FRAMEWORK TO FACILITATE
COLLABORATION BETWEEN PUBLIC AND PRIVATE ENTITIES IN
INFRASTRUCTURE DEVELOPMENT AND OPERATION AND ENABLE INVESTMENT
OF PUBLIC AND PRIVATE CAPITAL
.
SECTION 3. In Colorado Revised Statutes, 24-75-219, add (7)(g)
and (7)(h) as follows:
24-75-219. Transfers - transportation - capital construction -
definitions - repeal. (7) In addition to any other transfers required by this
section:
(g) (I) O
N JUNE 15, 2022, THE STATE TREASURER SHALL TRANSFER
ONE MILLION NINE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND
TO THE SOUTHWEST CHIEF RAIL LINE ECONOMIC DEVELOPMENT
, RURAL
TOURISM
, AND INFRASTRUCTURE REPAIR AND MAINTE NANCE FUND CREATED
IN SECTION
43-4-1002.
PAGE 4-SENATE BILL 22-176 (II) THIS SUBSECTION (7)(g) IS REPEALED, EFFECTIVE JULY 1, 2022.
(h) (I) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER :
(A) S
IX MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE
GENERAL FUND TO THE STATE HIGHWAY FUND
. THE DEPARTMENT OF
TRANSPORTATION SHALL EXPEND THIS AMOUNT IN CONNECTION WITH THE
DEVELOPMENT OF THE
BURNHAM YARD RAIL PROPERTY FOR THE PURPOSES
OF COMPLETING AN ENVIRONMENTAL ASSESSMENT ON RELOCATING THE
CONSOLIDATED MAIN RAIL LINE AWAY FROM INTERSTATE HIGHWAY
25.
(B) F
IVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND
TO THE UNUSED STATE
-OWNED REAL PROPERTY FUND CREATED IN SECTION
24-82-102.5 (5)(a).
(II) T
HIS SUBSECTION (7)(h) IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 4. In Colorado Revised Statutes, 24-75-219, add (7)(g)
and (7)(h) as follows:
24-75-219. Transfers - transportation - capital construction -
definitions - repeal. (7) In addition to any other transfers required by this
section:
(g) (I) O
N JUNE 15, 2022, THE STATE TREASURER SHALL TRANSFER
TWO MILLION FOUR HUNDRED THOUSAND DOLLARS FROM THE GENERAL
FUND TO THE SOUTHWEST CHIEF RAIL LINE ECONOMIC DEVELOPMENT
, RURAL
TOURISM
, AND INFRASTRUCTURE REPAIR AND MAINTENANCE FUND CREATED
IN SECTION
43-4-1002.
(II) T
HIS SUBSECTION (7)(g) IS REPEALED, EFFECTIVE JULY 1, 2022.
(h) (I) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER SIX
MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND TO
THE STATE HIGHWAY FUND
. THE DEPARTMENT OF TRANSPORTATION SHALL
EXPEND THIS AMOUNT IN CONNECTION WITH THE DEVELOPMENT OF THE
BURNHAM YARD RAIL PROPERTY FOR THE PURPOSES OF COMPLETING AN
ENVIRONMENTAL ASSESSMENT ON RELOCATING THE CONSOLIDATED MAIN
RAIL LINE AWAY FROM INTERSTATE HIGHWAY
25.
PAGE 5-SENATE BILL 22-176 (II) THIS SUBSECTION (7)(h) IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 5. In Colorado Revised Statutes, 32-22-104, amend
(2)(a) as follows:
32-22-104. Board of directors - appointment - meetings -
compensation - conflicts of interest. (2) (a) The board shall convene for
its first meeting no later than May 15, 2022, and shall, at that meeting,
select a chairperson and vice-chairperson from among its membership. The
board shall also determine how to instruct the state treasurer to complete the
transfer, on July 1, 2022, of any remaining balance of the southwest chief
rail line economic development, rural tourism, and infrastructure repair and
maintenance fund, as that fund existed before the repeal of section
43-4-1002 by Senate Bill 21-238, enacted in 2021, to the district as required
by section 43-4-1004 (1).
SECTION 6. In Colorado Revised Statutes, 43-4-1004, amend (1)
as follows:
43-4-1004. Repeal of part - transfer of fund balance to front
range passenger rail district. (1) On July 1, 2022 JUNE 30, 2022, the state
treasurer shall transfer any unencumbered balance of the fund to the front
range passenger rail district as instructed by the board of directors of the
district, or a designee of the board pursuant to section 32-22-104 (2)(a).
ISSUE TO THE DISTRICT A WARRANT PAID FROM THE FUND IN AN AMOUNT
EQUAL TO THE UNENCUMBERED BALANCE OF THE FUND
.
SECTION 7. Effective date. (1) Except as otherwise provided in
this section, this act takes effect upon passage.
(2) Sections 2 and 3 of this act take effect only if Senate Bill 22-130
becomes law, in which case sections 2 and 3 take effect upon the effective
date of this act or Senate Bill 22-130, whichever is later.
(3) Section 4 of this act takes effect only if Senate Bill 22-130 does
not become law.
SECTION 8. Safety clause. The general assembly hereby finds,
PAGE 6-SENATE BILL 22-176 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 22-176