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. 22-0951.01 Megan McCall x4215
SENATE BILL 22-215
Senate Committees House Committees
Appropriations 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
AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .106
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
HOUSE
Amended 2nd Reading
May 6, 2022
SENATE
3rd Reading Unamended
April 26, 2022
SENATE
Amended 2nd Reading
April 25, 2022
SENATE SPONSORSHIP
Hansen and Zenzinger, Rankin, Buckner, Donovan, Fenberg, Gonzales, Hinrichsen,
Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Rodriguez, Story, Winter
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. Investment and Jobs Act" cash fund (fund) and requires the state treasurer
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
215-2- OPPORTUNITY TO MAKE SIGNIFICANT PROGRESS ON ITS INFRASTRUCTURE1
GOALS THAT CAN CREATE POSITIVE IMPACTS FOR COLORADANS ACROSS2
THE STATE;3
(d) I
N ORDER FOR THE STATE TO BE COMPETITIVE FOR THE HIGHEST4
RANGE OF FUNDING AVAILABLE TO IT UNDER THE FEDERAL ACT , IT IS5
NECESSARY FOR DEPARTMENTS TO HAVE FUNDS AVAILABLE AS A6
NONFEDERAL MATCH , ALTHOUGH DUE TO STILL -EVOLVING FEDERAL7
GUIDANCE THE AMOUNTS NEEDED AND SPECIFIC TYPES OF PROJECTS MAY8
NOT BE KNOWN IN TIME FOR THIS MONEY TO BE APPROPRIATED IN THE9
ANNUAL GENERAL APPROPRIATION ACT ; AND10
(e) T
HE GENERAL ASSEMBLY DESIRES THE MONEY IN THE11
"I
NFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH FUND TO BE12
ALLOCATED AS FOLLOWS; EXCEPT THAT THE ANTICIPATED PERCENTAGES13
MAY CHANGE DEPENDENT ON NEED AND GUIDANCE DEVELOPED BY THE14
FEDERAL GOVERNMENT FOR IMPLEMENTATION OF THE FEDERAL ACT :15
(I) T
HIRTY-FIVE PERCENT FOR TRANSPORTATION PROGRAMS ;16
(II) T
WENTY-FIVE PERCENT FOR WATER, ENVIRONMENTAL, AND17
RESILIENCY PROGRAMS;18
(III) T
WENTY-FIVE PERCENT FOR POWER, GRID, AND BROADBAND19
PROGRAMS;20
(IV) T
EN PERCENT FOR LOCAL MATCH SUPPORT ; AND21
(V) F
IVE PERCENT FOR GRANT WRITING SUPPORT, ADMINISTRATIVE22
SUPPORT, AND PROJECT PLANNING.23
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24
REQUIRES:25
(a) "D
EPARTMENT" MEANS A PRINCIPAL DEPARTMENT OF THE26
STATE AS IDENTIFIED IN SECTION 24-1-110 AND THE OFFICE OF THE27
215
-3- GOVERNOR, INCLUDING ANY OFFICES CREATED THEREIN .1
(b) "F
UND" MEANS THE "INFRASTRUCTURE INVESTMENT AND JOBS2
A
CT" CASH FUND CREATED IN SUBSECTION (3) OF THIS SECTION.3
(c) "I
NFRASTRUCTURE INVESTMENT AND JOBS ACT" OR "FEDERAL4
ACT" MEANS THE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS5
A
CT", PUB.L. 117-58, AS THE ACT MAY BE SUBSEQUENTLY AMENDED .6
(d) "L
OCAL GOVERNMENT" MEANS A COUNTY, A MUNICIPALITY, A7
CITY AND COUNTY, OR A SPECIAL DISTRICT.8
(e) "O
FFICE" MEANS THE OFFICE OF THE GOVERNOR .9
(3) T
HE "INFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH10
FUND IS HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS11
OF MONEY CREDITED TO THE FUND PURSUANT TO SUBSECTION (4) OF THIS12
SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY13
APPROPRIATE OR TRANSFER TO THE FUND .14
(4) (a) N
O LATER THAN THREE DAYS AFTER THE EFFECTIVE DATE15
OF THIS SUBSECTION (4)(a), THE STATE TREASURER SHALL TRANSFER16
EIGHTY MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE17
GENERAL FUND TO THE FUND.18
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND19
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE20
FUND TO THE FUND.21
(c) O
N JUNE 30, 2028, THE STATE TREASURER SHALL TRANSFER22
ALL UNEXPENDED MONEY IN THE FUND TO THE GENERAL FUND .23
(5) (a) S
UBJECT TO APPROVAL BY THE GOVERNOR , A DEPARTMENT24
MAY EXPEND MONEY IN THE FUND AS THE MATCHING NONFEDERAL FUNDS25
FOR INFRASTRUCTURE PROJECTS PURSUANT TO REQUIREMENTS OF THE26
"I
NFRASTRUCTURE INVESTMENT AND JOBS ACT" FOR THE FOLLOWING27
215
-4- CATEGORIES:1
(I) T
RANSPORTATION INFRASTRUCTURE PROJECTS AS SET FORTH2
IN THE FEDERAL ACT;3
(II) W
ATER, ENVIRONMENTAL, AND RESILIENCY PROJECTS AS SET4
FORTH IN THE FEDERAL ACT;5
(III) P
OWER, GRID, AND BROADBAND PROJECTS AS SET FORTH IN6
THE FEDERAL ACT; AND7
(IV) A
NY OTHER INFRASTRUCTURE PROJECT EXPLICITLY FUNDED8
AND SET FORTH IN THE FEDERAL ACT.9
(b) I
N ADDITION TO THE USES SET FORTH IN SUBSECTION (5)(a) OF10
THIS SECTION:11
(I) S
UBJECT TO APPROVAL BY THE GOVERNOR , A DEPARTMENT12
MAY EXPEND MONEY IN THE FUND TO PROVIDE MATCHING NONFEDERAL13
FUNDS TO A LOCAL GOVERNMENT OR A FEDERALLY RECOGNIZED INDIAN14
TRIBE FOR MATCH USES DIRECTED UNDER THE FEDERAL ACT ; AND15
(II) T
HE OFFICE MAY EXPEND MONEY FROM THE FUND TO PROVIDE16
GRANT WRITING SUPPORT , PROJECT PLANNING SUPPORT , AND FOR17
ADMINISTRATIVE NEEDS IN PROCESSING APPLICATIONS FOR MONEY FROM18
THE FUND AND DISBURSING MONEY AWARDED FROM THE FUND IN19
ACCORDANCE WITH THIS SECTION .20
(c) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
21
ASSEMBLY, A DEPARTMENT AND THE OFFICE MAY EXPEND MONEY FROM22
THE FUND FOR THE PURPOSES SET FORTH IN THIS SUBSECTION (5).23
(d) B
EFORE A DEPARTMENTAL EXPENDITURE FROM THE FUND , THE24
OFFICE SHALL DEVELOP A PROCESS FOR DEPARTMENTS TO APPLY TO25
EXPEND MONEY FROM THE FUND FOR INFRASTRUCTURE PROJECTS THAT26
REQUIRE NONFEDERAL MATCH FUNDS IN ORDER TO BE ELIGIBLE FOR27
215
-5- FEDERAL APPROVAL TO RECEIVE FEDERAL FUNDING FOR THE1
INFRASTRUCTURE PROJECT UNDER THE "INFRASTRUCTURE INVESTMENT2
AND JOBS ACT" AND A PROCESS FOR REVIEWING AND APPROVING3
APPLICATIONS.4
(6) A
NY DEPARTMENT EXPENDING MONEY FROM THE FUND SHALL5
INCLUDE INFORMATION REGARDING AMOUNTS EXPENDED AND6
ANTICIPATED TO BE EXPENDED AND INFORMATION ON THE SPECIFIC7
INFRASTRUCTURE PROJECT OR PROJECTS THE MONEY HAS BEEN OR IS8
ANTICIPATED TO BE EXPENDED ON IN THE DEPARTMENT 'S ANNUAL9
PRESENTATION TO JOINT COMMITTEES OF REFERENCE PURSUANT TO10
SECTION 2-7-203.11
(7) (a) O
N OR BEFORE OCTOBER 1, 2022, AND ON OR BEFORE12
O
CTOBER 1 OF EVERY YEAR THEREAFTER , THE OFFICE SHALL SUBMIT A13
REPORT TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY ,14
THE SENATE COMMITTEE ON TRANSPORTATION AND ENERGY OR ANY15
SUCCESSOR COMMITTEE , AND THE HOUSE OF REPRESENTATIVES16
COMMITTEES ON TRANSPORTATI ON AND LOCAL GOVERNMENT AND17
ENERGY AND ENVIRONMENT OR ANY SUCCESSOR COMMITTEES . THE18
REPORT MUST INCLUDE:19
(I) I
NFORMATION, ORGANIZED BY DEPARTMENT AND PRIORITY20
FUNDING CATEGORY , ON AWARDS THAT HAVE BEEN MADE PENDING21
FEDERAL APPROVAL INCLUDING THE AMOUNT OF MONEY AWARDED FROM22
THE FUND, THE FEDERAL FUNDS ANTICIPATED TO BE RECEIVED UPON23
FEDERAL APPROVAL, AND ANY OTHER FUNDING SOURCES ANTICIPATED ;24
(II) I
NFORMATION, ORGANIZED BY DEPARTMENT AND PRIORITY25
FUNDING CATEGORY, ON AWARDS THAT HAVE BEEN MADE AND RECEIVED26
FEDERAL APPROVAL INCLUDING THE AMOUNT OF MONEY AWARDED FROM27
215
-6- THE FUND, THE FEDERAL FUNDS AUTHORIZED , AND ANY OTHER FUNDING1
SOURCES AUTHORIZED, RECEIVED, OR ANTICIPATED; AND2
(III) A
CTUAL EXPENDITURES BY DEPARTMENT FOR AMOUNTS3
AWARDED FROM THE FUND .4
(b) I
N ADDITION TO THE INFORMATION REQUIRED PURSUANT TO5
SUBSECTION (7)(a) OF THIS SECTION, THE OFFICE SHALL INCLUDE IN ITS6
FIRST REPORT DUE ON OR BEFORE OCTOBER 1, 2022, INFORMATION ON THE7
PROCESS THAT IT HAS ESTABLISHED FOR RECEIVING AND REVIEWING8
APPLICATIONS PURSUANT TO SUBSECTION
(5)(d) OF THIS SECTION AND ANY9
RECOMMENDATIONS FOR LEGISLATIVE CHANGES FOR PURPOSES OF10
IMPLEMENTING THE PROVISIONS OF THIS SECTION .11
(c) A
NY DEPARTMENT APPLYING FOR AN AWARD OF MONEY FROM12
THE FUND MUST PROVIDE THE OFFICE WITH THE INFORMATION NECESSARY13
FOR THE REPORT REQUIRED BY THIS SUBSECTION (7) AND COMPLY WITH14
ANY REQUEST FROM THE OFFICE FOR THE INFORMATION .15
(8) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2028.16
SECTION 2. Appropriation. For the 2021-22 state fiscal year,
17
$60,000,000 is appropriated to a department as defined by section18
24-75-232 (2)(a), C.R.S., and to the office of the governor for use by a19
department or the office of the governor. This appropriation is from the20
"Infrastructure Investment and Jobs Act" cash fund created in section21
24-75-232 (3), C.R.S. To implement this act, a department or the office22
of the governor may use this appropriation for the purposes specified in23
section 24-75-232 (5), C.R.S. Any money appropriated in this section not24
expended prior to July 1, 2022, is further appropriated to a department25
and the office of the governor through the 2026-27 state fiscal year for the26
same purpose.27
215
-7- SECTION 3. Safety clause. The general assembly hereby finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety.3
215
-8-