Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0951.01 Megan McCall x4215
SENATE BILL 22-215
Senate Committees House Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE "INFRASTRUCTURE INVESTMENT101
AND JOBS ACT" CASH FUND TO BE USED FOR NONFEDERAL102
MATCH FUNDING REQUIREMENTS FOR INFRASTRUCTURE103
PROJECTS ELIGIBLE TO RECEIVE FEDERAL FUNDING UNDER THE104
FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT".105
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/
.)
Joint Budget Committee. The bill creates the "Infrastructure
Investment and Jobs Act" cash fund (fund) and requires the state treasurer
SENATE SPONSORSHIP
Hansen and Zenzinger, Rankin
HOUSE SPONSORSHIP
Herod and McCluskie,
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 transfer $81.5 million to the fund. The money in the fund is
continuously appropriated to departments, subject to approval by the
governor to be used as the nonfederal match funding necessary for the
state or a local government to be eligible to receive federal approval and
federal funds for certain categories of infrastructure projects allowed
under the federal "Infrastructure Investment and Jobs Act". The office of
the governor (office) must establish a process for receiving, reviewing,
and approving applications and awarding and distributing money from the
fund and the office, as well as state departments receiving money from
the fund, are subject to annual reporting requirements.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-75-232 as2
follows:3
24-75-232. "Infrastructure Investment and Jobs Act" cash4
fund - creation - allowable uses - report - legislative declaration -5
definitions - repeal. (1) T
HE GENERAL ASSEMBLY FINDS AND DECLARES6
THAT:7
(a) T
HE FEDERAL GOVERNMENT ENACTED WITH BIPARTISAN8
SUPPORT THE "INFRASTRUCTURE INVESTMENT AND JOBS ACT", WHICH9
INCLUDES FIVE HUNDRED FIFTY BILLION DOLLARS IN FEDERAL FUNDS FOR10
NEW INFRASTRUCTURE INVESTMENTS NATIONWIDE ;11
(b) A
PPROXIMATELY TWO HUNDRED PROGRAMS IDENTIFIED IN THE12
FEDERAL ACT MAY BE RELEVANT TO COLORADO AND INITIAL ESTIMATES13
SHOW THE STATE COULD RECEIVE BETWEEN APPROXIMATELY THREE14
BILLION FOUR HUNDRED MILLION DOLLARS AND SIX BILLION EIGHT15
HUNDRED MILLION DOLLARS IN NEW FEDERAL F UNDING FOR16
INFRASTRUCTURE INVESTMENTS , WITH SIGNIFICANT FUNDING SUBJECT TO17
NONFEDERAL MATCH REQUIREMENTS ;18
(c) W
ITH THESE AVAILABLE FEDERAL FUNDS, COLORADO HAS THE19
OPPORTUNITY TO MAKE SIGNIFICANT PROGRESS ON ITS INFRASTRUCTURE20
SB22-215-2- GOALS THAT CAN CREATE POSITIVE IMPACTS FOR COLORADANS ACROSS1
THE STATE;2
(d) I
N ORDER FOR THE STATE TO BE COMPETITIVE FOR THE HIGHEST3
RANGE OF FUNDING AVAILABLE TO IT UNDER THE FEDERAL ACT , IT IS4
NECESSARY FOR DEPARTMENTS TO HAVE FUNDS AVAILABLE AS A5
NONFEDERAL MATCH , ALTHOUGH DUE TO STILL -EVOLVING FEDERAL6
GUIDANCE THE AMOUNTS NEEDED AND SPECIFIC TYPES OF PROJECTS MAY7
NOT BE KNOWN IN TIME FOR THIS MONEY TO BE APPROPRIATED IN THE8
ANNUAL GENERAL APPROPRIATION ACT ; AND9
(e) T
HE GENERAL ASSEMBLY DESIRES THE MONEY IN THE10
"I
NFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH FUND TO BE11
ALLOCATED AS FOLLOWS; EXCEPT THAT THE ANTICIPATED PERCENTAGES12
MAY CHANGE DEPENDENT ON NEED AND GUIDANCE DEVELOPED BY THE13
FEDERAL GOVERNMENT FOR IMPLEMENTATION OF THE FEDERAL ACT :14
(I) T
HIRTY-FIVE PERCENT FOR TRANSPORTATION PROGRAMS ;15
(II) T
WENTY-FIVE PERCENT FOR WATER, ENVIRONMENTAL, AND16
RESILIENCY PROGRAMS;17
(III) T
WENTY-FIVE PERCENT FOR POWER, GRID, AND BROADBAND18
PROGRAMS;19
(IV) T
EN PERCENT FOR LOCAL MATCH SUPPORT ; AND20
(V) F
IVE PERCENT FOR GRANT WRITING SUPPORT, ADMINISTRATIVE21
SUPPORT, AND PROJECT PLANNING.22
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE23
REQUIRES:24
(a) "D
EPARTMENT" MEANS A PRINCIPAL DEPARTMENT OF THE25
STATE AS IDENTIFIED IN SECTION 24-1-110 AND THE OFFICE OF THE26
GOVERNOR, INCLUDING ANY OFFICES CREATED THEREIN .27
SB22-215
-3- (b) "FUND" MEANS THE "INFRASTRUCTURE INVESTMENT AND JOBS1
A
CT" CASH FUND CREATED IN SUBSECTION (3) OF THIS SECTION.2
(c) "I
NFRASTRUCTURE INVESTMENT AND JOBS ACT" OR "FEDERAL3
ACT" MEANS THE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS4
A
CT", PUB.L. 117-58, AS THE ACT MAY BE SUBSEQUENTLY AMENDED .5
(d) "L
OCAL GOVERNMENT" MEANS A COUNTY, A MUNICIPALITY, A6
CITY AND COUNTY, OR A SPECIAL DISTRICT.7
(e) "O
FFICE" MEANS THE OFFICE OF THE GOVERNOR .8
(3) T
HE "INFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH9
FUND IS HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS10
OF MONEY CREDITED TO THE FUND PURSUANT TO SUBSECTION (4) OF THIS11
SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY12
APPROPRIATE OR TRANSFER TO THE FUND .13
(4) (a) N
O LATER THAN THREE DAYS AFTER THE EFFECTIVE DATE14
OF THIS SUBSECTION (4)(a), THE STATE TREASURER SHALL TRANSFER15
EIGHTY-ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE16
GENERAL FUND TO THE FUND.17
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND18
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE19
FUND TO THE FUND.20
(c) O
N JUNE 30, 2028, THE STATE TREASURER SHALL TRANSFER21
ALL UNEXPENDED MONEY IN THE FUND TO THE GENERAL FUND .22
(5) (a) S
UBJECT TO APPROVAL BY THE GOVERNOR , A DEPARTMENT23
MAY EXPEND MONEY IN THE FUND AS THE MATCHING NONFEDERAL FUNDS24
FOR INFRASTRUCTURE PROJECTS PURSUANT TO REQUIREMENTS OF THE25
"I
NFRASTRUCTURE INVESTMENT AND JOBS ACT" FOR THE FOLLOWING26
CATEGORIES:27
SB22-215
-4- (I) TRANSPORTATION INFRASTRUCTURE PROJECTS AS SET FORTH1
IN THE FEDERAL ACT;2
(II) W
ATER, ENVIRONMENTAL, AND RESILIENCY PROJECTS AS SET3
FORTH IN THE FEDERAL ACT;4
(III) P
OWER, GRID, AND BROADBAND PROJECTS AS SET FORTH IN5
THE FEDERAL ACT; AND6
(IV) A
NY OTHER INFRASTRUCTURE PROJECT EXPLICITLY FUNDED7
AND SET FORTH IN THE FEDERAL ACT.8
(b) I
N ADDITION TO THE USES SET FORTH IN SUBSECTION (5)(a) OF9
THIS SECTION:10
(I) S
UBJECT TO APPROVAL BY THE GOVERNOR , A DEPARTMENT11
MAY EXPEND MONEY IN THE FUND TO PROVIDE MATCHING NONFEDERAL12
FUNDS TO A LOCAL GOVERNMENT OR A FEDERALLY RECOGNIZED INDIAN13
TRIBE FOR MATCH USES DIRECTED UNDER THE FEDERAL ACT ; AND14
(II) T
HE OFFICE MAY EXPEND MONEY FROM THE FUND TO PROVIDE15
GRANT WRITING SUPPORT , PROJECT PLANNING SUPPORT , AND FOR16
ADMINISTRATIVE NEEDS IN PROCESSING APPLICATIONS FOR MONEY FROM17
THE FUND AND DISBURSING MONEY AWARDED FROM THE FUND IN18
ACCORDANCE WITH THIS SECTION .19
(c) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO A20
DEPARTMENT AND THE OFFICE FOR THE PURPOSES SET FORTH IN THIS21
SUBSECTION (5).22
(d) B
EFORE A DEPARTMENTAL EXPENDITURE FROM THE FUND , THE23
OFFICE SHALL DEVELOP A PROCESS FOR DEPARTMENTS TO APPLY TO24
EXPEND MONEY FROM THE FUND FOR INFRASTRUCTURE PROJECTS THAT25
REQUIRE NONFEDERAL MATCH FUNDS IN ORDER TO BE ELIGIBLE FOR26
FEDERAL APPROVAL TO RECEIVE FEDERAL FUNDING FOR THE27
SB22-215
-5- INFRASTRUCTURE PROJECT UNDER THE "INFRASTRUCTURE INVESTMENT1
AND JOBS ACT" AND A PROCESS FOR REVIEWING AND APPROVING2
APPLICATIONS.3
(6) A
NY DEPARTMENT EXPENDING MONEY FROM THE FUND SHALL4
INCLUDE INFORMATION REGARDING AMOUNTS EXPENDED AND5
ANTICIPATED TO BE EXPENDED AND INFORMATION ON THE SPECIFIC6
INFRASTRUCTURE PROJECT OR PROJECTS THE MONEY HAS BEEN OR IS7
ANTICIPATED TO BE EXPENDED ON IN THE DEPARTMENT 'S ANNUAL8
PRESENTATION TO JOINT COMMITTEES OF REFERENCE PURSUANT TO9
SECTION 2-7-203.10
(7) (a) O
N OR BEFORE OCTOBER 1, 2022, AND ON OR BEFORE11
O
CTOBER 1 OF EVERY YEAR THEREAFTER , THE OFFICE SHALL SUBMIT A12
REPORT TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ,13
THE SENATE COMMITTEE ON TRANSPORTATION AND ENERGY OR ANY14
SUCCESSOR COMMITTEE , AND THE HOUSE OF REPRESENTATIVES15
COMMITTEES ON TRANSPORTATION AND LOCAL GOVERNMENT AND16
ENERGY AND ENVIRONMENT OR ANY SUCCESSOR COMMITTEES . THE17
REPORT MUST INCLUDE:18
(I) I
NFORMATION, ORGANIZED BY DEPARTMENT AND PRIORITY19
FUNDING CATEGORY, ON AWARDS THAT HAVE BEEN MADE PENDING20
FEDERAL APPROVAL INCLUDING THE AMOUNT OF MONEY AWARDED FROM21
THE FUND, THE FEDERAL FUNDS ANTICIPATED TO BE RECEIVED UPON22
FEDERAL APPROVAL, AND ANY OTHER FUNDING SOURCES ANTICIPATED ;23
(II) I
NFORMATION, ORGANIZED BY DEPARTMENT AND PRIORITY24
FUNDING CATEGORY, ON AWARDS THAT HAVE BEEN MADE AND RECEIVED25
FEDERAL APPROVAL INCLUDING THE AMOUNT OF MONEY AWARDED FROM26
THE FUND, THE FEDERAL FUNDS AUTHORIZED , AND ANY OTHER FUNDING27
SB22-215
-6- SOURCES AUTHORIZED, RECEIVED, OR ANTICIPATED; AND1
(III) A
CTUAL EXPENDITURES BY DEPARTMENT FOR AMOUNTS2
AWARDED FROM THE FUND .3
(b) I
N ADDITION TO THE INFORMATION REQUIRED PURSUANT TO4
SUBSECTION (7)(a) OF THIS SECTION, THE OFFICE SHALL INCLUDE IN ITS5
FIRST REPORT DUE ON OR BEFORE OCTOBER 1, 2022, INFORMATION ON THE6
PROCESS THAT IT HAS ESTABLISHED FOR RECEIVING AND REVIEWING7
APPLICATIONS PURSUANT TO SUBSECTION (5)(c) OF THIS SECTION AND ANY8
RECOMMENDATIONS FOR LEGISLATIVE CHANGES FOR PURPOSES OF9
IMPLEMENTING THE PROVISIONS OF THIS SECTION .10
(c) A
NY DEPARTMENT APPLYING FOR AN AWARD OF MONEY FROM11
THE FUND MUST PROVIDE THE OFFICE WITH THE INFORMATION NECESSARY12
FOR THE REPORT REQUIRED BY THIS SUBSECTION (7) AND COMPLY WITH13
ANY REQUEST FROM THE OFFICE FOR THE INFORMATION .14
(8) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2028.15
SECTION 2. Safety clause. The general assembly hereby finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety.18
SB22-215
-7-