Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0910.02 Megan Waples x4348
SENATE BILL 22-180
Senate Committees House Committees
Transportation & Energy Energy & Environment
Appropriations 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
HOUSE
Amended 2nd Reading
May 3, 2022
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
OFFERS AS OF JANUARY 1 OF THE FUNDING19
YEAR.20
(V) I
N AWARDING GRANTS UNDER THIS SUBSECTION (5)(a), THE21
TRANSIT ASSOCIATION SHALL:22
(A) A
LLOCATE MONEY AMONG APPLICANTS WITH THE GOALS OF23
REDUCING OZONE FORMATION , INCREASING RIDERSHIP ON TRANSIT, AND24
REDUCING VEHICLE MILES TRAVELED IN THE STATE ; AND25
(B) C
ONSIDER THE EXTENT TO WHICH THE APPLICANT WILL MATCH26
GRANT MONEY WITH OTHER MONEY .27
180
-6- (VI) EACH ELIGIBLE TRANSIT AGENCY THAT RECEIVES A GRANT1
SHALL REPORT ON THE USE OF THE MONEY TO THE TRANSIT ASSOCIATION2
IN ACCORDANCE WITH POLICIES ESTABLISHED BY THE TRANSIT3
ASSOCIATION AND THE OFFICE . THE REPORT MUST INCLUDE , AT A4
MINIMUM, INFORMATION ON HOW THE GRANT MONEY WAS SPENT ; THE5
FREE SERVICES THAT WERE OFFERED USING THE GRANT MONEY ; AND6
ESTIMATES OF THE CHANGE IN RIDERSHIP DURING THE PERIOD THAT FREE7
SERVICES WERE OFFERED COMPARED TO PREVIOUS MONTHS , THE SAME8
MONTH IN PREVIOUS YEARS , AND THE MONTHS AFTER THE PROGRAM9
CONCLUDED. THE REPORT MAY INCLUDE ADDITIONAL INFORMATION ,10
INCLUDING A NARRATIVE ANALYSIS , TO PROVIDE CONTEXT ON THE11
RIDERSHIP DATA INCLUDED IN THE REPORT . ON OR BEFORE DECEMBER 112
OF EACH YEAR OF THE GRANT PROGRAM , THE TRANSIT ASSOCIATION SHALL13
SUBMIT A REPORT TO THE OFFICE COMPILING AND SUMMARIZING THE14
REPORTED INFORMATION FOR ALL ELIGIBLE TRANSIT AGENCIES THAT15
RECEIVED A GRANT THROUGH THE TRANSIT ASSOCIATION .16
(VII) A
TRANSIT ASSOCIATION RECEIVING A GRANT SHALL17
DEVELOP AND PUBLICIZE POLICIES FOR THE GRANT , INCLUDING THE18
PROCESS AND DEADLINES FOR AN ELIGIBLE TRANSIT AGENCY TO APPLY FOR19
AND RECEIVE A GRANT , THE INFORMATION AND DOCUMENTATION20
REQUIRED FOR THE APPLICATION , REPORTING REQUIREMENTS AND21
DEADLINES, AND ANY ADDITIONAL REQUIREMENTS NECESSARY TO22
ADMINISTER THE GRANT.23
(b) (I) T
HE REGIONAL TRANSPORTATION DISTRICT MAY USE GRANT24
MONEY TO COVER UP TO EIGHTY PERCENT OF THE COSTS OF PROVIDING AT25
LEAST THIRTY DAYS OF FREE TRANSIT ON ALL SERVICES OFFERED BY THE26
REGIONAL TRANSPORTATION DISTRICT . GRANT MONEY MAY BE USED TO27
180
-7- REPLACE FARE BOX REVENUE AND TO PAY FOR OTHER EXPENSES1
NECESSARY TO IMPLEMENT THE PROGRAM , INCLUDING EXPENSES2
ASSOCIATED WITH AN INCREASE IN RIDERSHIP AS A RESULT OF THE3
PROGRAM.4
(II) O
N OR BEFORE DECEMBER 1 OF EACH YEAR FOR WHICH THE5
REGIONAL TRANSPORTATION DISTRICT RECEIVES A GRANT , THE REGIONAL6
TRANSPORTATION DISTRICT SHALL SUBMIT A REPORT TO THE OFFICE ON7
THE IMPLEMENTATION OF THE PROGRAM IN ACCORDANCE WITH THE8
POLICIES ESTABLISHED BY THE OFFICE. AT A MINIMUM, THE REPORT MUST9
INCLUDE INFORMATION ON HOW THE GRANT MONEY WAS SPENT ; THE FREE10
SERVICES THAT WERE OFFERED USING THE GRANT MONEY ; AND ESTIMATES11
OF THE CHANGE IN RIDERSHIP DURING THE PERIOD THAT FREE SERVICES12
WERE OFFERED COMPARED TO PREVIOUS MONTHS , THE SAME MONTH IN13
PREVIOUS YEARS, AND THE MONTHS AFTER THE PROGRAM CONCLUDED .14
T
HE REPORT MAY INCLUDE ADDITIONAL INFORMATION , INCLUDING A15
NARRATIVE ANALYSIS, TO PROVIDE CONTEXT ON THE RIDERSHIP DATA16
INCLUDED IN THE REPORT.17
(III) T
HE STATE AUDITOR SHALL AUDIT THE REGIONAL18
TRANSPORTATION DISTRICT'S USE OF THE GRANT MONEY AS PART OF ITS19
NEXT PERFORMANCE AUDIT OF THE REGIONAL TRANSPORTATION DISTRICT20
CONDUCTED PURSUANT TO SECTION 32-9-115 (3).21
(6) T
HE OFFICE SHALL ESTABLISH AND PUBLICIZE POLICIES FOR THE22
PROGRAM. AT A MINIMUM, THE POLICIES MUST ADDRESS THE PROCESS AND23
ANY DEADLINES FOR APPLYING FOR AND RECEIVING A GRANT UNDER THE24
PROGRAM, THE INFORMATION AND DOCUMENTATION REQUIRED FOR THE25
APPLICATION, REPORTING REQUIREMENTS AND DEADLINES , AND ANY26
ADDITIONAL POLICIES NECESSARY TO ADMINISTER THE PROGRAM .27
180
-8- (7) THE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,1
OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF2
THIS SECTION. THE OFFICE SHALL TRANSMIT ALL MONEY RECEIVED3
THROUGH GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER, WHO4
SHALL CREDIT THE MONEY TO THE FUND .5
(8) (a) T
HE OZONE SEASON TRANSIT GRANT PROGRAM FUND IS6
HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF7
MONEY TRANSFERRED TO THE FUND IN ACCORDANCE WITH SUBSECTION8
(8)(d)
OF THIS SECTION, ANY OTHER MONEY THAT THE GENERAL ASSEMBLY9
APPROPRIATES OR TRANSFERS TO THE FUND , AND ANY GIFTS, GRANTS, OR10
DONATIONS CREDITED TO THE FUND PURSUANT TO SUBSECTION (7) OF THIS11
SECTION.12
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND13
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE14
FUND TO THE FUND.15
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE16
OFFICE FOR THE PURPOSES SPECIFIED IN THIS SECTION.17
(d) T
HREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION18
(8)(d),
THE STATE TREASURER SHALL TRANSFER TWENTY -EIGHT MILLION19
DOLLARS FROM THE GENERAL FUND
TO THE FUND.20
(9) O
N OR BEFORE DECEMBER 31 OF EACH YEAR OF THE PROGRAM,21
THE OFFICE SHALL SUBMIT A REPORT ON THE IMPLEMENTATION OF THE22
PROGRAM TO THE HOUSE OF REPRESENTATIVES TRANSPORTATION AND23
LOCAL GOVERNMENT COMMI TTEE AND THE SENATE TRANSPORTATION AND24
ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE REPORT25
MUST SUMMARIZE AND COMPILE THE INFORMATION SUBMITTED TO THE26
OFFICE PURSUANT TO SUBSECTIONS (5)(a)(VI) AND (5)(b) OF THIS SECTION.27
180
-9- (10) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.1
SECTION 3. In Colorado Revised Statutes, 43-1-117, add (5) as2
follows:3
43-1-117. Transportation development division - created -4
duties - freight mobility and safety branch - repeal. (5) (a) THREE5
DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (5), THE STATE6
TREASURER SHALL TRANSFER TEN MILLION DOLLARS FROM THE GENERAL7
FUND TO THE STATE HIGHWAY FUND CREATED IN SECTION 43-1-219 FOR8
USE BY THE TRANSPORTATION DEVELOPMENT DIVISION AS ADDITIONAL9
FUNDING FOR THE REVITALIZING MAIN STREETS PROGRAM, GIVING10
PRIORITY TO PROGRAMS THAT IMPROVE AIR QUALITY THROUGH INCREASED11
USE OF TRANSIT.12
(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.13
SECTION 4. In Colorado Revised Statutes, 43-1-117.5, add (4)14
as follows:15
43-1-117.5. Transit and rail division - created - powers and16
duties - pilot project to expand transit - repeal. (4) (a) T
HE TRANSIT17
AND RAIL DIVISION SHALL ESTABLISH A PILOT PROJECT , BEGINNING NO18
LATER THAN JULY 1, 2022, AND CONCLUDING ON JUNE 30, 2025, FOR THE19
EXTENSION OF STATE-RUN TRANSIT SYSTEMS. THE GOALS OF THE PILOT20
PROJECT ARE TO INCREASE RIDERSHIP ON STATE -RUN TRANSIT, REDUCE21
VEHICLE MILES TRAVELED IN THE STATE , AND REDUCE GROUND LEVEL22
OZONE IN THE STATE.23
(b) O
N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE24
D
ECEMBER 1 OF EACH YEAR THROUGH 2025, THE TRANSIT AND RAIL25
DIVISION SHALL REPORT TO THE TRANSPORTATION LEGISLATION REVIEW26
COMMITTEE CREATED IN SECTION 43-2-145 ON THE IMPLEMENTATION OF27
180
-10- THE PILOT PROJECT, INCLUDING INFORMATION ON THE SERVICES THAT ARE1
EXPANDED OR EXTENDED AND ESTIMATES OF THE INCREASED RIDERSHIP2
AS A RESULT OF THE PILOT PROJECT.3
(c) T
HREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION4
(4),
THE STATE TREASURER SHALL TRANSFER THIRTY MILLION DOLLARS5
FROM THE GENERAL FUND
TO THE STATE HIGHWAY FUND CREATED IN6
SECTION 43-1-219 FOR USE BY THE TRANSIT AND RAIL DIVISION FOR THE7
PURPOSES SPECIFIED IN THIS SUBSECTION (4).8
(d) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.9 SECTION 5. In Colorado Revised Statutes, 42-2-407, amend (1)10
and (8) as follows:11
42-2-407. Licensing of testing units and driving testers -12
hearings - regulations. (1) Commercial driver's license driving tests may13
be performed only by employees of the department or by commercial14
driver's license driving testers WHO ARE employed by commercial driver's15
license testing units, UNDER CONTRACT WITH A COMMERCIAL DRIVER'S16
LICENSE TESTING UNIT, OR UNDER CONTRACT WITH A STATEWIDE17
ASSOCIATION WORKING WITH TRANSIT AGENCIES .18
(8) (a) The department shall adopt regulations for the19
administration and operation of commercial driver's license testing units20
and the conduct of commercial driver's license driving testers.21
(b) IN ORDER TO ADDRESS THE CRITICAL SHORTAGE OF TRANSIT22
DRIVERS THAT IS LIMITING THE ABILITY OF TRANSIT AGENCIES TO OFFER23
ROBUST SERVICES, AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE24
OF THIS SUBSECTION (8)(b), THE RULES MUST INCLUDE PROVISIONS25
ALLOWING A TESTING UNIT THAT DOES NOT EMPLOY A DRIVING TESTER TO26
BE LICENSED AND CONDUCT TESTS USING A DRIVING TESTER THAT IS27
180
-11- UNDER CONTRACT WITH THE TESTING UNIT OR WITH A STATEWIDE1
ASSOCIATION WORKING WITH TRANSIT AGENCIES .2
SECTION 6. Safety clause. The general assembly hereby finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety.5
180
-12-