SENATE BILL 22-180
BY SENATOR(S) Winter and Hinrichsen, Buckner, Danielson,
Jaquez Lewis, Lee, Moreno, Pettersen, Story, Fenberg;
also REPRESENTATIVE(S) Gray and Bacon, Amabile, Bernett,
Boesenecker, Caraveo, Cutter, Exum, Froelich, Gonzales-Gutierrez, Herod,
Hooton, Kipp, Lindsay, McCormick, Michaelson Jenet, Ricks, Sirota,
Sullivan, Tipper, Titone, Valdez A., Weissman, Woodrow.
C
ONCERNING PROGRAMS TO REDUCE GROUND LEVEL OZONE THROUGH
INCREASED USE OF TRANSIT
.
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) Ground level ozone poses health risks to all Coloradans,
especially to vulnerable populations including the elderly, young children,
and people with asthma or other respiratory diseases;
(b) The negative effects of ozone exposure include pain when
breathing deeply, coughing, sore throat, and inflamed or damaged airways;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
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) Ozone exposure can also exacerbate existing respiratory
conditions including asthma, emphysema, and chronic bronchitis and may
be a potential cause of asthma;
(d) Ozone is one of the most common ambient air pollutants along
the front range of Colorado;
(e) Ground level ozone forms when chemical reactions occur
between nitrogen emitted from cars and other sources and volatile organic
compounds in the presence of sunlight, making levels highest during the
summer months;
(f) Colorado's ozone season, which runs from June 1 through August
31, poses significant health risks to Colorado's vulnerable residents and can
force individuals to restrict their daily activities and stay indoors on days
with high ozone levels;
(g) Reducing ground traffic and encouraging the use of public
transit can help lower ozone-forming emissions and thereby reduce ground
level ozone during the ozone season;
(h) Reducing ground level ozone serves an important public interest
by protecting the health and well being of all Coloradans, especially those
who are vulnerable to the negative impacts of ozone exposure;
(i) Offering free transit has increased transit use in other
communities and can help rebuild ridership following the COVID-19
pandemic; and
(j) Creating a grant program to provide free public transit during
ozone season will promote public health and serve the interests of all
Coloradans.
SECTION 2. In Colorado Revised Statutes, add 24-38.5-114 as
follows:
24-38.5-114. Ozone season transit grant program - fund -
creation - policies - report - definitions - repeal. (1) A
S USED IN THIS
SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
PAGE 2-SENATE BILL 22-180 (a) "ELIGIBLE TRANSIT AGENCY" MEANS AN ENTITY THAT IS:
(I) A
REGIONAL SERVICE AUTHORITY PROVIDING SURFACE
TRANSPORTATION PURSUANT TO PART
1 OF ARTICLE 7 OF TITLE 32, A
REGIONAL TRANSPORTATION AUTHORITY CREATED PURSUANT TO PART
6 OF
ARTICLE
4 OF TITLE 43, OR ANY OTHER POLITICAL SUBDIVISION OF THE
STATE
, PUBLIC ENTITY, OR NONPROFIT CORPORATION PROVIDING MASS
TRANSPORTATION SERVICES TO THE GENERAL PUBLIC OTHER THAN THE
REGIONAL TRANSPORTATION DISTRICT
; AND
(II) ELIGIBLE TO RECEIVE MONEY UNDER A GRANT AUTHORIZED BY
49 U.S.C. SEC. 5307 OR 49 U.S.C. SEC. 5311.
(b) "F
UND" MEANS THE OZONE SEASON TRANSIT GRANT PROGRAM
FUND ESTABLISHED IN SUBSECTION
(8) OF THIS SECTION.
(c) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
SECTION
24-38.5-101.
(d) "O
ZONE SEASON" MEANS THE PERIOD FROM JUNE 1 TO AUGUST
31 OF A CALENDAR YEAR.
(e) "P
ROGRAM" MEANS THE OZONE SEASON TRANSIT GRANT
PROGRAM CREATED IN SUBSECTION
(2) OF THIS SECTION.
(f) "R
EGIONAL TRANSPORTATION DISTRICT " MEANS THE REGIONAL
TRANSPORTATION DISTRICT ESTABLISHED IN ARTICLE
9 OF TITLE 32.
(g) "T
RANSIT ASSOCIATION" MEANS A COLORADO NONPROFIT
CORPORATION FORMED TO REPRESENT TRANSIT INTERESTS IN
COLORADO
WHOSE MEMBERSHIP INCLUDES TRANSIT AGENCIES
, TRANSIT-RELATED
BUSINESSES
, AND GOVERNMENTAL ENTITIES .
(2) T
HE OZONE SEASON TRANSIT GRANT PROGRAM IS CREATED IN THE
OFFICE
. THE PURPOSES OF THE PROGRAM ARE :
(a) T
O PROVIDE GRANTS TO TRANSIT ASSOCIATIONS FOR THE PURPOSE
OF PROVIDING GRANTS TO ELIGIBLE TRANSIT AGENCIES IN ORDER TO OFFER
FREE TRANSIT SERVICES FOR A MINIMUM OF THIRTY DAYS DURING OZONE
SEASON
; AND
PAGE 3-SENATE BILL 22-180 (b) TO PROVIDE GRANTS TO THE REGIONAL TRANSPORTATION
DISTRICT FOR THE PURPOSE OF PROVIDING FREE TRANSPORTATION SERVICES
FOR A MINIMUM OF THIRTY DAYS DURING OZONE SEASON
.
(3) T
HE OFFICE SHALL ADMINISTER THE PROGRAM AND AWARD
GRANTS IN ACCORDANCE WITH THIS SECTION AND THE POLICIES DEVELOPED
BY THE OFFICE PURSUANT TO SUBSECTION
(6) OF THIS SECTION. SUBJECT TO
AVAILABLE APPROPRIATIONS
, GRANTS SHALL BE PAID OUT OF THE FUND.
(4) T
O RECEIVE A GRANT, A TRANSIT ASSOCIATION OR THE REGIONAL
TRANSPORTATION DISTRICT MUST SUBMIT AN APPLICATION TO THE OFFICE IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND THE POLICIES
ESTABLISHED BY THE OFFICE IN ACCORDANCE WITH SUBSECTION
(6) OF THIS
SECTION
. THE OFFICE MAY AWARD GRANTS OF UP TO THREE MILLION
DOLLARS EACH YEAR TO A TRANSIT ASSOCIATION AND UP TO ELEVEN
MILLION DOLLARS EACH YEAR TO THE REGIONAL TRANSPORTATION DISTRICT
.
(5) A
GRANT RECIPIENT MAY USE THE GRANT MONEY AS FOLLOWS :
(a) (I) A
TRANSIT ASSOCIATION THAT RECEIVES A GRANT MAY USE
THE MONEY TO ESTABLISH A GRANT PROGRAM FOR ELIGIBLE TRANSIT
AGENCIES IN ACCORDANCE WITH THIS SECTION
. A TRANSIT ASSOCIATION
MAY USE A PORTION OF THE GRANT MONEY TO PAY ITS DIRECT AND INDIRECT
COSTS IN ADMINISTERING THE GRANT PROGRAM
.
(II) T
O RECEIVE A GRANT FROM THE TRANSIT ASSOCIATION , AN
ELIGIBLE TRANSIT AGENCY MUST SUBMIT AN APPLICATION TO THE TRANSIT
ASSOCIATION
. AT A MINIMUM, THE APPLICATION MUST DESCRIBE THE FREE
TRANSIT SERVICES THAT WILL BE PROVIDED OR EXPANDED WITH THE GRANT
MONEY
, INDICATE TO WHAT EXTENT THE ELIGIBLE TRANSIT AGENCY WILL
MATCH THE GRANT MONEY WITH OTHER MONEY
, AND COMMIT TO PROVIDING
THE NEW OR EXPANDED FREE SERVICES FOR AT LEAST THIRTY DAYS DURING
THE OZONE SEASON
.
(III) A
N ELIGIBLE TRANSIT AGENCY THAT RECEIVES A GRANT
THROUGH THE TRANSIT ASSOCIATION MAY USE THE MONEY TO COVER THE
COSTS ASSOCIATED WITH PROVIDING NEW OR EXPANDED FREE TRANSIT
SERVICES WITHIN ITS SERVICE AREA DURING OZONE SEASON
, INCLUDING
OFFERING ADDITIONAL FREE ROUTES OR EXP ANDING SERVICE ON ROUTES FOR
WHICH THE ELIGIBLE TRANSIT AGENCY CURRENTLY OFFERS FREE SERVICE
.
PAGE 4-SENATE BILL 22-180 GRANT MONEY MAY BE USED TO REPLACE FARE BOX REVENUE 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
.
(IV) A
N ELIGIBLE TRANSIT AGENCY SHALL NOT USE GRANT MONEY
TO OFFSET OR REPLACE FUNDING FOR FREE TRANSIT SERVICES THAT THE
ELIGIBLE TRANSIT AGENCY OFFERS AS OF
JANUARY 1 OF THE FUNDING YEAR.
(V) I
N AWARDING GRANTS UNDER THIS SUBSECTION (5)(a), THE
TRANSIT ASSOCIATION SHALL
:
(A) A
LLOCATE MONEY AMONG APPLICANTS WITH THE GOALS OF
REDUCING OZONE FORMATION
, INCREASING RIDERSHIP ON TRANSIT, AND
REDUCING VEHICLE MILES TRAVELED IN THE STATE
; AND
(B) CONSIDER THE EXTENT TO WHICH THE APPLICANT WILL MATCH
GRANT MONEY WITH OTHER MONEY
.
(VI) E
ACH ELIGIBLE TRANSIT AGENCY THAT RECEIVES A GRANT
SHALL REPORT ON THE USE OF THE MONEY TO THE TRANSIT ASSOCIATION IN
ACCORDANCE WITH POLICIES ESTABLISHED BY THE TRANSIT ASSOCIATION
AND THE OFFICE
. THE REPORT MUST INCLUDE, AT A MINIMUM, INFORMATION
ON HOW THE GRANT MONEY WAS SPENT
; THE FREE SERVICES THAT WERE
OFFERED USING THE GRANT MONEY
; AND ESTIMATES OF THE CHANGE IN
RIDERSHIP DURING THE PERIOD THAT FREE SERVICES WERE OFFERED
COMPARED TO PREVIOUS MONTHS
, THE SAME MONTH IN PREVIOUS YEARS ,
AND THE MONTHS AFTER THE PROGRAM CONCLUDED . THE REPORT MAY
INCLUDE ADDITIONAL INFORMATION
, INCLUDING A NARRATIVE ANALYSIS, TO
PROVIDE CONTEXT ON THE RIDERSHIP DATA INCLUDED IN THE REPORT
. ON
OR BEFORE
DECEMBER 1 OF EACH YEAR OF THE GRANT PROGRAM , THE
TRANSIT ASSOCIATION SHALL SUBMIT A REPORT TO THE OFFICE COMPILING
AND SUMMARIZING THE REPORTED INFORMATION FOR ALL ELIGIBLE TRANSIT
AGENCIES THAT RECEIVED A GRANT THROUGH THE TRANSIT ASSOCIATION
.
(VII) A
TRANSIT ASSOCIATION RECEIVING A GRANT SHALL DEVELOP
AND PUBLICIZE POLICIES FOR THE GRANT
, INCLUDING THE PROCESS AND
DEADLINES FOR AN ELIGIBLE TRANSIT AGENCY TO APPLY FOR AND RECEIVE
A GRANT
, THE INFORMATION AND DOCUMENTATION REQUIRED FOR THE
APPLICATION
, REPORTING REQUIREMENTS AND DEADLINES , AND ANY
PAGE 5-SENATE BILL 22-180 ADDITIONAL REQUIREMENTS NECESSARY TO ADMINISTER THE GRANT .
(b) (I) T
HE REGIONAL TRANSPORTATION DISTRICT MAY USE GRANT
MONEY TO COVER UP TO EIGHTY PERCENT OF THE COSTS OF PROVIDING AT
LEAST THIRTY DAYS OF FREE TRANSIT ON ALL SERVICES OFFERED BY THE
REGIONAL TRANSPORTATION DISTRICT
. GRANT MONEY MAY BE USED TO
REPLACE FARE BOX REVENUE 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
.
(II) O
N OR BEFORE DECEMBER 1 OF EACH YEAR FOR WHICH THE
REGIONAL TRANSPORTATION DISTRICT RECEIVES A GRANT
, THE REGIONAL
TRANSPORTATION DISTRICT SHALL SUBMIT A REPORT TO THE OFFICE ON THE
IMPLEMENTATION OF THE PROGRAM IN ACCORDANCE WITH THE POLICIES
ESTABLISHED BY THE OFFICE
. AT A MINIMUM, THE REPORT MUST INCLUDE
INFORMATION ON HOW THE GRANT MONEY WAS SPENT
; THE FREE SERVICES
THAT WERE OFFERED USING THE GRANT MONEY
; AND ESTIMATES OF THE
CHANGE IN RIDERSHIP DURING THE PERIOD THAT FREE SERVICES WERE
OFFERED COMPARED TO PREVIOUS MONTHS
, THE SAME MONTH IN PREVIOUS
YEARS
, AND THE MONTHS AFTER THE PROGRAM CONCLUDED . THE REPORT
MAY INCLUDE ADDITIONAL INFORMATION
, INCLUDING A NARRATIVE
ANALYSIS
, TO PROVIDE CONTEXT ON THE RIDERSHIP DATA INCLUDED IN THE
REPORT
.
(III) T
HE STATE AUDITOR SHALL AUDIT THE REGI ONAL
TRANSPORTATION DISTRICT
'S USE OF THE GRANT MONEY AS PART OF ITS
NEXT PERFORMANCE AUDIT OF THE REGIONAL TRANSPORTATION DISTRICT
CONDUCTED PURSUANT TO SECTION
32-9-115 (3).
(6) T
HE OFFICE SHALL ESTABLISH AND PUBLICIZE POLICIES FOR THE
PROGRAM
. AT A MINIMUM, THE POLICIES MUST ADDRESS THE PROCESS AND
ANY DEADLINES FOR APPLYING FOR AND RECEIVING A GRANT UNDER THE
PROGRAM
, THE INFORMATION AND DOCUMENTATION REQUIRED FOR THE
APPLICATION
, REPORTING REQUIREMENTS AND DEADLINES , AND ANY
ADDITIONAL POLICIES NECESSARY TO ADMINISTER THE PROGRAM
.
(7) T
HE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS
SECTION
. THE OFFICE SHALL TRANSMIT ALL MONEY RECEIVED THROUGH
GIFTS
, GRANTS, OR DONATIONS TO THE STATE TREASURER , WHO SHALL
PAGE 6-SENATE BILL 22-180 CREDIT THE MONEY TO THE FUND.
(8) (a) T
HE OZONE SEASON TRANSIT GRANT PROGRAM FUND IS
HEREBY CREATED IN THE STATE TREASURY
. THE FUND CONSISTS OF MONEY
TRANSFERRED TO THE FUND IN ACCOR DANCE WITH SUBSECTION
(8)(d) OF
THIS SECTION
, ANY OTHER MONEY THAT THE GENERAL ASSEMBLY
APPROPRIATES OR TRANSFERS TO THE FUND
, AND ANY GIFTS, GRANTS, OR
DONATIONS CREDITED TO THE FUND PURSUANT TO SUBSECTION
(7) OF THIS
SECTION
.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
.
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
OFFICE FOR THE PURPOSES SPECIFIED IN THIS SECTION
.
(d) T
HREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION
(8)(d), THE STATE TREASURER SHALL TRANSFER TWENTY -EIGHT MILLION
DOLLARS FROM THE GENERAL FUND TO THE FUND
.
(9) O
N OR BEFORE DECEMBER 31 OF EACH YEAR OF THE PROGRAM,
THE OFFICE SHALL SUBMIT A REPORT ON THE IMPLEMENTATION OF THE
PROGRAM TO THE HOUSE OF REPRESENTATIVES TRANSPORTATION AND
LOCAL GOVERNMENT COMMITTEE AND THE SENATE TRANSPORTATION AND
ENERGY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES. THE REPORT MUST
SUMMARIZE AND COMPILE THE INFORMATION SUBMITTED TO THE OFFICE
PURSUANT TO SUBSECTIONS
(5)(a)(VI) AND (5)(b) OF THIS SECTION.
(10) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.
SECTION 3. In Colorado Revised Statutes, 43-1-117, add (5) as
follows:
43-1-117. Transportation development division - created - duties
- freight mobility and safety branch - repeal. (5) (a) T
HREE DAYS AFTER
THE EFFECTIVE DATE OF THIS SUBSECTION
(5), THE STATE TREASURER SHALL
TRANSFER TEN MILLION DOLLARS FROM THE GENERAL FUND TO THE STATE
HIGHWAY FUND CREATED IN SECTION
43-1-219 FOR USE BY THE
TRANSPORTATION DEVELOPMENT DIVISION AS ADDITIONAL FUNDING FOR THE
PAGE 7-SENATE BILL 22-180 REVITALIZING MAIN STREETS PROGRAM , GIVING PRIORITY TO PROGRAMS
THAT IMPROVE AIR QUALITY THROUGH INCREASED USE OF TRANSIT
.
(b) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 4. In Colorado Revised Statutes, 43-1-117.5, add (4) as
follows:
43-1-117.5. Transit and rail division - created - powers and
duties - pilot project to expand transit - repeal. (4) (a) T
HE TRANSIT AND
RAIL DIVISION SHALL ESTABLISH A PILOT PROJECT
, BEGINNING NO LATER
THAN
JULY 1, 2022, AND CONCLUDING ON JUNE 30, 2025, FOR THE
EXTENSION OF STATE
-RUN TRANSIT SYSTEMS. THE GOALS OF THE PILOT
PROJECT ARE TO INCREASE RIDERSHIP ON STATE
-RUN TRANSIT, REDUCE
VEHICLE MILES TRAVELED IN THE STATE
, AND REDUCE GR OUND LEVEL
OZONE IN THE STATE
.
(b) O
N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE
DECEMBER 1 OF EACH YEAR THROUGH 2025, THE TRANSIT AND RAIL
DIVISION SHALL REPORT TO THE TRANSPORTATION LEGISLATION REVIEW
COMMITTEE CREATED IN SECTION
43-2-145 ON THE IMPLEMENTATION OF THE
PILOT PROJECT
, INCLUDING INFORMATION ON THE SERVICES THAT ARE
EXPANDED OR EXTENDED AND ESTIMATES OF THE INCREASED RIDERSHIP AS
A RESULT OF THE PILOT PROJECT
.
(c) T
HREE DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (4),
THE STATE TREASURER SHALL TRANSFER THIRTY MILLION DOLLARS FROM
THE GENERAL FUND TO THE STATE HIGHWAY FUND CREATED IN SECTION
43-1-219 FOR USE BY THE TRANSIT AND RAIL DIVISION FOR THE PURPOSES
SPECIFIED IN THIS SUBSECTION
(4).
(d) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 5. In Colorado Revised Statutes, 42-2-407, amend (1)
and (8) as follows:
42-2-407. Licensing of testing units and driving testers - hearings
- regulations. (1) Commercial driver's license driving tests may be
performed only by employees of the department or by commercial driver's
license driving testers
WHO ARE employed by commercial driver's license
PAGE 8-SENATE BILL 22-180 testing units, UNDER CONTRACT WITH A COMMERCIAL DRIVER 'S LICENSE
TESTING UNIT
, OR UNDER CONTRACT WITH A STATEWIDE ASSOCIATION
WORKING WITH TRANSIT AGENCIES
.
(8) (a) The department shall adopt regulations for the administration
and operation of commercial driver's license testing units and the conduct
of commercial driver's license driving testers.
(b) I
N ORDER TO ADDRESS THE CRITICAL SHORTAGE OF TRANSIT
DRIVERS THAT IS LIMITING THE ABILITY OF TRANSIT AGENCIES TO OFFER
ROBUST SERVICES
, AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE OF
THIS SUBSECTION
(8)(b), THE RULES MUST INCLUDE PROVISIONS ALLOWING
A TESTING UNIT THAT DOES NOT EMPLOY A DRIVING TESTER TO BE LICENSED
AND CONDUCT TESTS USING A DRIVING TESTER THAT IS UNDER CONTRACT
WITH THE TESTING UNIT OR WITH A STATEWIDE ASSOCIATION WORKING WITH
TRANSIT AGENCIES
.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 9-SENATE BILL 22-180 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 10-SENATE BILL 22-180