Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0910.02 Megan Waples x4348
SENATE BILL 22-180
Senate Committees House Committees
Transportation & Energy
Appropriations
A BILL FOR AN ACT
C
ONCERNING PROGRAMS TO REDUCE GROUND LEVEL OZONE THROUGH101
INCREASED USE OF TRANSIT.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 creates the ozone season transit grant program (program)
in the Colorado energy office (office). The program provides grants to the
regional transportation district (RTD) and transit associations in order to
provide free transit services for at least 30 days during ozone season. A
transit association receiving a grant may use the money to make grants to
eligible transit agencies. The eligible transit agencies may use the money
SENATE
3rd Reading Unamended
April 20, 2022
SENATE
Amended 2nd Reading
April 14, 2022
SENATE SPONSORSHIP
Winter and Hinrichsen, Buckner, Danielson, Fenberg, Jaquez Lewis, Lee, Moreno,
Pettersen, Story
HOUSE SPONSORSHIP
Gray and Bacon,
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. to provide at least 30 days of new or expanded free transit services during
ozone season. The RTD may use grant money to cover up to 80% of the
costs of providing free transit for at least 30 days on all services offered
by the RTD during ozone season. Eligible transit agencies and the RTD
can use the money to cover lost fare box revenues and to pay for other
expenses necessary to implement the program, including expenses
associated with an increase in ridership as a result of the program. The
RTD and a transportation association receiving a grant are required to
report to the office on the services offered and estimates of the change in
ridership as a result of the program.
The office is required to establish policies governing the program
and to report to the house and senate transportation committees by
December 31 of each year of the program. The program is repealed,
effective July 1, 2024.
The transit and rail division (division) in the department of
transportation is required to create a 3-year pilot project to extend
state-run transit services throughout the state with the goals of reducing
ground level ozone, increasing ridership, and reducing vehicle miles
traveled in the state. The division is required to report to the
transportation legislation review committee on the pilot project. The pilot
project is repealed, effective July 1, 2026.
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) Ground level ozone poses health risks to all Coloradans,4
especially to vulnerable populations including the elderly, young children,5
and people with asthma or other respiratory diseases;6
(b) The negative effects of ozone exposure include pain when7
breathing deeply, coughing, sore throat, and inflamed or damaged8
airways;9
(c) Ozone exposure can also exacerbate existing respiratory10
conditions including asthma, emphysema, and chronic bronchitis and may11
be a potential cause of asthma;12
(d) Ozone is one of the most common ambient air pollutants along13
180-2- the front range of Colorado;1
(e) Ground level ozone forms when chemical reactions occur2
between nitrogen emitted from cars and other sources and volatile organic3
compounds in the presence of sunlight, making levels highest during the4
summer months;5
(f) Colorado's ozone season, which runs from June 1 through6
August 31, poses significant health risks to Colorado's vulnerable7
residents and can force individuals to restrict their daily activities and stay8
indoors on days with high ozone levels;9
(g) Reducing ground traffic and encouraging the use of public10
transit can help lower ozone-forming emissions and thereby reduce11
ground level ozone during the ozone season;12
(h) Reducing ground level ozone serves an important public13
interest by protecting the health and well being of all Coloradans,14
especially those who are vulnerable to the negative impacts of ozone15
exposure;16
(i) Offering free transit has increased transit use in other17
communities and can help rebuild ridership following the COVID-1918
pandemic; and19
(j) Creating a grant program to provide free public transit during20
ozone season will promote public health and serve the interests of all21
Coloradans.22
SECTION 2. In Colorado Revised Statutes, add 24-38.5-113 as23
follows:24
24-38.5-113. Ozone season transit grant program - fund -25
creation - policies - report - definitions - repeal. (1) A
S USED IN THIS26
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :27
180
-3- (a) "ELIGIBLE TRANSIT AGENCY" MEANS AN ENTITY THAT IS:1
(I) A
REGIONAL SERVICE AUTHORITY PROVIDING SURFACE2
TRANSPORTATION PURSUANT TO PART 1 OF ARTICLE 7 OF TITLE 32, A3
REGIONAL TRANSPORTATION AUTHORITY CREATED PURSUANT TO PART 64
OF ARTICLE 4 OF TITLE 43, OR ANY OTHER POLITICAL SUBDIVISION OF THE5
STATE, PUBLIC ENTITY, OR NONPROFIT CORPORATION PROVIDING MASS6
TRANSPORTATION SERVICES TO THE GENERAL PUBLIC OTHER THAN THE7
REGIONAL TRANSPORTATION DISTRICT ; AND8
(II) E
LIGIBLE TO RECEIVE MONEY UNDER A GRANT AUTHORIZED BY9
49
U.S.C. SEC. 5307 OR 49 U.S.C. SEC. 5311.10
(b) "F
UND" MEANS THE OZONE SEASON TRANSIT GRANT PROGRAM11
FUND ESTABLISHED IN SUBSECTION (8) OF THIS SECTION.12
(c) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN13
SECTION 24-38.5-101.14
(d) "O
ZONE SEASON" MEANS THE PERIOD FROM JUNE 1 TO AUGUST15
31
OF A CALENDAR YEAR.16
(e) "P
ROGRAM" MEANS THE OZONE SEASON TRANSIT GRANT17
PROGRAM CREATED IN SUBSECTION (2) OF THIS SECTION.18
(f) "R
EGIONAL TRANSPORTATION DISTRICT " MEANS THE REGIONAL19
TRANSPORTATION DISTRICT ESTABLISHED IN ARTICLE 9 OF TITLE 32.20
(g) "T
RANSIT ASSOCIATION" MEANS A COLORADO NONPROFIT21
CORPORATION FORMED TO REPRESENT TRANSIT INTERESTS IN COLORADO22
WHOSE MEMBERSHIP INCLUDES TRANSIT AGENCIES , TRANSIT-RELATED23
BUSINESSES, AND GOVERNMENTAL ENTITIES .24
(2) T
HE OZONE SEASON TRANSIT GRANT PROGRAM IS CREATED IN25
THE OFFICE. THE PURPOSES OF THE PROGRAM ARE :26
(a) T
O PROVIDE GRANTS TO TRANSIT ASSOCIATIONS FOR THE27
180
-4- PURPOSE OF PROVIDING GRANTS TO ELIGIBLE TRANSIT AGENCIES IN ORDER1
TO OFFER FREE TRANSIT SERVICES FOR A MINIMUM OF THIRTY DAYS2
DURING OZONE SEASON; AND3
(b) T
O PROVIDE GRANTS TO THE REGIONAL TRANSPORTATION4
DISTRICT FOR THE PURPOSE OF PROVIDING FREE TRANSPORTATION5
SERVICES FOR A MINIMUM OF THIRTY DAYS DURING OZONE SEASON .6
(3) T
HE OFFICE SHALL ADMINISTER THE PROGRAM AND AWARD7
GRANTS IN ACCORDANCE WITH THIS SECTION AND THE POLICIES8
DEVELOPED BY THE OFFICE PURSUANT TO SUBSECTION (6) OF THIS9
SECTION. SUBJECT TO AVAILABLE APPROPRIATIONS , GRANTS SHALL BE10
PAID OUT OF THE FUND.11
(4) T
O RECEIVE A GRANT, A TRANSIT ASSOCIATION OR THE12
REGIONAL TRANSPORTATION DISTRICT MUST SUBMIT AN APPLICATION TO13
THE OFFICE IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION14
AND THE POLICIES ESTABLISHED BY THE OFFICE IN ACCORDANCE WITH15
SUBSECTION (6) OF THIS SECTION. THE OFFICE MAY AWARD GRANTS OF UP16
TO THREE MILLION DOLLARS EACH YEAR TO A TRANSIT ASSOCIATION AND17
UP TO ELEVEN MILLION DOLLARS EACH YEAR TO THE REGIONAL18
TRANSPORTATION DISTRICT.19
(5) A
GRANT RECIPIENT MAY USE THE GRANT MONEY AS FOLLOWS :20
(a) (I) A
TRANSIT ASSOCIATION THAT RECEIVES A GRANT MAY USE21
THE MONEY TO ESTABLISH A GRANT PROGRAM FOR ELIGIBLE TRANSIT22
AGENCIES IN ACCORDANCE WITH THIS SECTION . A TRANSIT ASSOCIATION23
MAY USE A PORTION OF THE GRANT MONEY TO PAY ITS DIRECT AND24
INDIRECT COSTS IN ADMINISTERING THE GRANT PROGRAM .25
(II) T
O RECEIVE A GRANT FROM THE TRANSIT ASSOCIATION , AN26
ELIGIBLE TRANSIT AGENCY MUST SUBMIT AN APPLICATION TO THE TRANSIT27
180
-5- ASSOCIATION. AT A MINIMUM, THE APPLICATION MUST DESCRIBE THE FREE1
TRANSIT SERVICES THAT WILL BE PROVIDED OR EXPANDED WITH THE2
GRANT MONEY, INDICATE TO WHAT EXTENT THE ELIGIBLE TRANSIT3
AGENCY WILL MATCH THE GRANT MONEY WITH OTHER MONEY , AND4
COMMIT TO PROVIDING THE NEW OR EXPANDED FREE SERVICES FOR AT5
LEAST THIRTY DAYS DURING THE OZONE SEASON .6
(III) A
N ELIGIBLE TRANSIT AGENCY THAT RECEIVES A GRANT7
THROUGH THE TRANSIT ASSOCIATION MAY USE THE MONEY TO COVER THE8
COSTS ASSOCIATED WITH PROVIDING NEW OR EXPANDED FREE TRANSIT9
SERVICES WITHIN ITS SERVICE AREA DURING OZONE SEASON , INCLUDING10
OFFERING ADDITIONAL FREE ROUTES OR EXPANDING SERVICE ON ROUTES11
FOR WHICH THE ELIGIBLE TRANSIT AGENCY CURRENTLY OFFERS FREE12
SERVICE. GRANT MONEY MAY BE USED TO REPLACE FARE BOX REVENUE13
AND TO PAY FOR OTHER EXPENSES NECESSARY TO IMPLEMENT THE14
PROGRAM, INCLUDING EXPENSES ASSOCIATED WITH AN INCREASE IN15
RIDERSHIP AS A RESULT OF THE PROGRAM .16
(IV) A
N ELIGIBLE TRANSIT AGENCY SHALL NOT USE GRANT MONEY17
TO OFFSET OR REPLACE FUNDING FOR FREE TRANSIT SERVICES THAT THE18
ELIGIBLE TRANSIT AGENCY OFFERED AS OF JANUARY 1, 2022.19
(V) I
N AWARDING GRANTS UNDER THIS SUBSECTION (5)(a), THE20
TRANSIT ASSOCIATION SHALL:21
(A) A
LLOCATE MONEY AMONG APPLICANTS WITH THE GOALS OF22
REDUCING OZONE FORMATION , INCREASING RIDERSHIP ON TRANSIT, AND23
REDUCING VEHICLE MILES TRAVELED IN THE STATE ; AND24
(B) C
ONSIDER THE EXTENT TO WHICH THE APPLICANT WILL MATCH25
GRANT MONEY WITH OTHER MONEY .26
(VI) E
ACH ELIGIBLE TRANSIT AGENCY THAT RECEIVES A GRANT27
180
-6- SHALL REPORT ON THE USE OF THE MONEY TO THE TRANSIT ASSOCIATION1
IN ACCORDANCE WITH POLICIES ESTABLISHED BY THE TRANSIT2
ASSOCIATION AND THE OFFICE . THE REPORT MUST INCLUDE , AT A3
MINIMUM, INFORMATION ON HOW THE GRANT MONEY WAS SPENT ; THE4
FREE SERVICES THAT WERE OFFERED USING THE GRANT MONEY ; AND5
ESTIMATES OF THE CHANGE IN RIDERSHIP DURING THE PERIOD THAT FREE6
SERVICES WERE OFFERED COMPARED TO PREVIOUS MONTHS , THE SAME7
MONTH IN PREVIOUS YEARS , AND THE MONTHS AFTER THE PROGRAM8
CONCLUDED. THE REPORT MAY INCLUDE ADDITIONAL INFORMATION ,9
INCLUDING A NARRATIVE ANALYSIS , TO PROVIDE CONTEXT ON THE10
RIDERSHIP DATA INCLUDED IN THE REPORT . ON OR BEFORE DECEMBER 111
OF EACH YEAR OF THE GRANT PROGRAM , THE TRANSIT ASSOCIATION SHALL12
SUBMIT A REPORT TO THE OFFICE COMPILING AND SUMMARIZING THE13
REPORTED INFORMATION FOR ALL ELIGIBLE TRANSIT AGENCIES THAT14
RECEIVED A GRANT THROUGH THE TRANSIT ASSOCIATION .15
(VII) A
TRANSIT ASSOCIATION RECEIVING A GRANT SHALL16
DEVELOP AND PUBLICIZE POLICIES FOR THE GRANT , INCLUDING THE17
PROCESS AND DEADLINES FOR AN ELIGIBLE TRANSIT AGENCY TO APPLY FOR18
AND RECEIVE A GRANT , THE INFORMATION AND DOCUMENTATION19
REQUIRED FOR THE APPLICATION , REPORTING REQUIREMENTS AND20
DEADLINES, AND ANY ADDITIONAL REQUIREMENTS NECESSARY TO21
ADMINISTER THE GRANT.22
(b) (I) T
HE REGIONAL TRANSPORTATION DISTRICT MAY USE GRANT23
MONEY TO COVER UP TO EIGHTY PERCENT OF THE COSTS OF PROVIDING AT24
LEAST THIRTY DAYS OF FREE TRANSIT ON ALL SERVICES OFFERED BY THE25
REGIONAL TRANSPORTATION DISTRICT . GRANT MONEY MAY BE USED TO26
REPLACE FARE BOX REVENUE AND TO PAY FOR OTHER EXPENSES27
180
-7- NECESSARY TO IMPLEMENT THE PROGRAM , INCLUDING EXPENSES1
ASSOCIATED WITH AN INCREASE IN RIDERSHIP AS A RESULT OF THE2
PROGRAM.3
(II) O
N OR BEFORE DECEMBER 1 OF EACH YEAR FOR WHICH THE4
REGIONAL TRANSPORTATION DISTRICT RECEIVES A GRANT , THE REGIONAL5
TRANSPORTATION DISTRICT SHALL SUBMIT A REPORT TO THE OFFICE ON6
THE IMPLEMENTATION OF THE PROGRAM IN ACCORDANCE WITH THE7
POLICIES ESTABLISHED BY THE OFFICE. AT A MINIMUM, THE REPORT MUST8
INCLUDE INFORMATION ON HOW THE GRANT MONEY WAS SPENT ; THE FREE9
SERVICES THAT WERE OFFERED USING THE GRANT MONEY ; AND ESTIMATES10
OF THE CHANGE IN RIDERSHIP DURING THE PERIOD THAT FREE SERVICES11
WERE OFFERED COMPARED TO PREVIOUS MONTHS , THE SAME MONTH IN12
PREVIOUS YEARS, AND THE MONTHS AFTER THE PROGRAM CONCLUDED .13
T
HE REPORT MAY INCLUDE ADDITIONAL INFORMATION , INCLUDING A14
NARRATIVE ANALYSIS, TO PROVIDE CONTEXT ON THE RIDERSHIP DATA15
INCLUDED IN THE REPORT.16
(III) T
HE STATE AUDITOR SHALL AUDIT THE REGIONAL17
TRANSPORTATION DISTRICT'S USE OF THE GRANT MONEY AS PART OF ITS18
NEXT PERFORMANCE AUDIT OF THE REGIONAL TRANSPORTATION DISTRICT19
CONDUCTED PURSUANT TO SECTION 32-9-115 (3).20
(6) T
HE OFFICE SHALL ESTABLISH AND PUBLICIZE POLICIES FOR THE21
PROGRAM. AT A MINIMUM, THE POLICIES MUST ADDRESS THE PROCESS AND22
ANY DEADLINES FOR APPLYING FOR AND RECEIVING A GRANT UNDER THE23
PROGRAM, THE INFORMATION AND DOCUMENTATION REQUIRED FOR THE24
APPLICATION, REPORTING REQUIREMENTS AND DEADLINES , AND ANY25
ADDITIONAL POLICIES NECESSARY TO ADMINISTER THE PROGRAM .26
(7) T
HE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,27
180
-8- OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF1
THIS SECTION. THE OFFICE SHALL TRANSMIT ALL MONEY RECEIVED2
THROUGH GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER, WHO3
SHALL CREDIT THE MONEY TO THE FUND .4
(8) (a) T
HE OZONE SEASON TRANSIT GRANT PROGRAM FUND IS5
HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF6
MONEY TRANSFERRED TO THE FUND IN ACCORDANCE WITH SUBSECTION7
(8)(d)
OF THIS SECTION, ANY OTHER MONEY THAT THE GENERAL ASSEMBLY8
APPROPRIATES OR TRANSFERS TO THE FUND , AND ANY GIFTS, GRANTS, OR9
DONATIONS CREDITED TO THE FUND PURSUANT TO SUBSECTION (7) OF THIS10
SECTION.11
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND12
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE13
FUND TO THE FUND.14
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE15
OFFICE FOR THE PURPOSES SPECIFIED IN THIS SECTION.16
(d) T
HREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION17
(8)(d),
THE STATE TREASURER SHALL TRANSFER TWENTY -EIGHT MILLION18
DOLLARS FROM THE GENERAL FUND
TO THE FUND.19
(9) O
N OR BEFORE DECEMBER 31 OF EACH YEAR OF THE PROGRAM,20
THE OFFICE SHALL SUBMIT A REPORT ON THE IMPLEMENTATION OF THE21
PROGRAM TO THE HOUSE OF REPRESENTATIVES TRANSPORTATION AND22
LOCAL GOVERNMENT COMMITTEE AND THE SENATE TRANSPORTATION AND23
ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE REPORT24
MUST SUMMARIZE AND COMPILE THE INFORMATION SUBMITTED TO THE25
OFFICE PURSUANT TO SUBSECTIONS (5)(a)(VI) AND (5)(b) OF THIS SECTION.26
(10) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.27
180
-9- SECTION 3. In Colorado Revised Statutes, 43-1-117.5, add (4)1
as follows:2
43-1-117.5. Transit and rail division - created - powers and3
duties - pilot project to expand transit - repeal. (4) (a) T
HE TRANSIT4
AND RAIL DIVISION SHALL ESTABLISH A PILOT PROJECT , BEGINNING NO5
LATER THAN JULY 1, 2022, AND CONCLUDING ON JUNE 30, 2025, FOR THE6
EXTENSION OF STATE-RUN TRANSIT SYSTEMS. THE GOALS OF THE PILOT7
PROJECT ARE TO INCREASE RIDERSHIP ON STATE -RUN TRANSIT, REDUCE8
VEHICLE MILES TRAVELED IN THE STATE , AND REDUCE GROUND LEVEL9
OZONE IN THE STATE.10
(b) O
N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE11
D
ECEMBER 1 OF EACH YEAR THROUGH 2025, THE TRANSIT AND RAIL12
DIVISION SHALL REPORT TO THE TRANSPORTATION LEGISLATION REVIEW13
COMMITTEE CREATED IN SECTION 43-2-145 ON THE IMPLEMENTATION OF14
THE PILOT PROJECT, INCLUDING INFORMATION ON THE SERVICES THAT ARE15
EXPANDED OR EXTENDED AND ESTIMATES OF THE INCREASED RIDERSHIP16
AS A RESULT OF THE PILOT PROJECT.17
(c) T
HREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION18
(4),
THE STATE TREASURER SHALL TRANSFER THIRTY MILLION DOLLARS19
FROM THE GENERAL FUND
TO THE STATE HIGHWAY FUND CREATED IN20
SECTION 43-1-219 FOR USE BY THE TRANSIT AND RAIL DIVISION FOR THE21
PURPOSES SPECIFIED IN THIS SUBSECTION (4).22
(d) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.23
SECTION 4. Safety clause. The general assembly hereby finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety.26
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