SENATE BILL 22-215
BY SENATOR(S) Hansen and Zenzinger, Rankin, Buckner, Donovan,
Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen,
Rodriguez, Story, Winter, Fenberg;
also REPRESENTATIVE(S) Herod and McCluskie, Amabile, Bacon,
Benavidez, Bernett, Bird, Boesenecker, Cutter, Daugherty, Esgar, Exum,
Froelich, Hooton, Jodeh, Lindsay, Lontine, McCormick, Michaelson Jenet,
Ricks, Snyder, Titone, Valdez A., Valdez D., Woodrow, Young.
C
ONCERNING THE CREATION OF THE "INFRASTRUCTURE INVESTMENT AND
JOBS ACT" CASH FUND TO BE USED FOR NONFEDERAL MATCH
FUNDING REQUIREMENTS FOR INFRASTRUCTURE PROJECTS ELIGIBLE
TO RECEIVE FEDERAL FUNDING UNDER THE FEDERAL
"INFRASTRUCTURE INVESTMENT AND JOBS ACT", AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-75-232 as
follows:
24-75-232. "Infrastructure Investment and Jobs Act" cash fund
- creation - allowable uses - report - legislative declaration - definitions
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. - repeal. (1) T HE GENERAL ASSEMBLY FINDS AND DECLARES THAT :
(a) T
HE FEDERAL GOVERNMENT ENACTED WITH BIPARTISAN SUPPORT
THE
"INFRASTRUCTURE INVESTMENT AND JOBS ACT", WHICH INCLUDES FIVE
HUNDRED FIFTY BILLION DOLLARS IN FEDERAL FUNDS FOR NEW
INFRASTRUCTURE INVESTMENTS NATIONWIDE
;
(b) A
PPROXIMATELY TWO HUNDRED PROGRAMS IDENTIFIED IN THE
FEDERAL ACT MAY BE RELEVANT TO
COLORADO AND INITIAL ESTIMATES
SHOW THE STATE COULD RECEIVE BETWEEN APPROXIMATELY THREE BILLION
FOUR HUNDRED MILLION DOLLARS AND SIX BILLION EIGHT HUNDRED MILLION
DOLLARS IN NEW FEDERAL FUNDING FOR INFRASTRUCTURE INVESTMENTS
,
WITH SIGNIFICANT FUNDING SUBJECT TO NONFEDERAL MATCH
REQUIREMENTS
;
(c) W
ITH THESE AVAILABLE FEDERAL FUNDS , COLORADO HAS THE
OPPORTUNITY TO MAKE SIGNIFICANT PROGRESS ON ITS INFRASTRUCTURE
GOALS THAT CAN CREATE POSITIVE IMPACTS FOR
COLORADANS ACROSS THE
STATE
;
(d) I
N ORDER FOR THE STATE TO BE COMPETITIVE FOR THE HIGHEST
RANGE OF FUNDING AVAILABLE TO IT UNDER THE FEDERAL ACT
, IT IS
NECESSARY FOR DEPARTMENTS TO HAVE FUNDS AVAILABLE AS A
NONFEDERAL MATCH
, ALTHOUGH DUE TO STILL -EVOLVING FEDERAL
GUIDANCE THE AMOUNTS NEEDED AND SPECIFIC TYPES OF PROJECTS MAY
NOT BE KNOWN IN TIME FOR THIS MONEY TO BE APPROPRIATED IN THE
ANNUAL GENERAL APPROPRIATION ACT
; AND
(e) THE GENERAL ASSEMBLY DESIRES THE MONEY IN THE
"INFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH FUND TO BE
ALLOCATED AS FOLLOWS
; EXCEPT THAT THE ANTICIPATED PERCENTAGES
MAY CHANGE DEPENDENT ON NEED AND GUIDANCE DEVELOPED BY THE
FEDERAL GOVERNMENT FOR IMPLEMENTATION OF THE FEDERAL ACT
:
(I) T
HIRTY-FIVE PERCENT FOR TRANSPORTATION PROGRAMS ;
(II) T
WENTY-FIVE PERCENT FOR WATER , ENVIRONMENTAL, AND
RESILIENCY PROGRAMS
;
(III) T
WENTY-FIVE PERCENT FOR POWER, GRID, AND BROADBAND
PAGE 2-SENATE BILL 22-215 PROGRAMS;
(IV) T
EN PERCENT FOR LOCAL MATCH SUPPORT ; AND
(V) FIVE PERCENT FOR GRANT WRITING SUPPORT , ADMINISTRATIVE
SUPPORT
, AND PROJECT PLANNING.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "D
EPARTMENT" MEANS A PRINCIPAL DEPARTMENT OF THE STATE
AS IDENTIFIED IN SECTION
24-1-110 AND THE OFFICE OF THE GOVERNOR ,
INCLUDING ANY OFFICES CREATED THEREIN .
(b) "F
UND" MEANS THE "INFRASTRUCTURE INVESTMENT AND JOBS
ACT" CASH FUND CREATED IN SUBSECTION (3) OF THIS SECTION.
(c) "I
NFRASTRUCTURE INVESTMENT AND JOBS ACT" OR "FEDERAL
ACT
" MEANS THE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT",
P
UB.L. 117-58, AS THE ACT MAY BE SUBSEQUENTLY AMENDED .
(d) "L
OCAL GOVERNMENT " MEANS A COUNTY, A MUNICIPALITY, A
CITY AND COUNTY
, OR A SPECIAL DISTRICT.
(e) "O
FFICE" MEANS THE OFFICE OF THE GOVERNOR .
(3) T
HE "INFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH FUND
IS HEREBY CREATED IN THE STATE TREASURY
. THE FUND CONSISTS OF
MONEY CREDITED TO THE FUND PURSUANT TO SUBSECTION
(4) OF THIS
SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
APPROPRIATE OR TRANSFER TO THE FUND
.
(4) (a) N
O LATER THAN THREE DAYS AFTER THE EFFECTIVE DATE OF
THIS SUBSECTION
(4)(a), THE STATE TREASURER SHALL TRANSFER EIGHTY
MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE GENERAL
FUND TO THE FUND
.
(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
.
PAGE 3-SENATE BILL 22-215 (c) ON JUNE 30, 2028, THE STATE TREASURER SHALL TRANSFER ALL
UNEXPENDED MONEY IN THE FUND TO THE GENERAL FUND
.
(5) (a) S
UBJECT TO APPROVAL BY THE GOVERNOR , A DEPARTMENT
MAY EXPEND MONEY IN THE FUND AS THE MATCHING NONFEDERAL FUNDS
FOR INFRASTRUCTURE PROJECTS PURSUANT TO REQUIREMENTS OF THE
"INFRASTRUCTURE INVESTMENT AND JOBS ACT" FOR THE FOLLOWING
CATEGORIES
:
(I) T
RANSPORTATION INFRASTRUCTURE PROJECTS AS SET FORTH IN
THE FEDERAL ACT
;
(II) W
ATER, ENVIRONMENTAL, AND RESILIENCY PROJECTS AS SET
FORTH IN THE FEDERAL ACT
;
(III) P
OWER, GRID, AND BROADBAND PROJECTS AS SET FORTH IN THE
FEDERAL ACT
; AND
(IV) ANY OTHER INFRASTRUCTURE PROJECT EXPLICITLY FUNDED
AND SET FORTH IN THE FEDERAL ACT
.
(b) I
N ADDITION TO THE USES SET FORTH IN SUBSECTION (5)(a) OF
THIS SECTION
:
(I) S
UBJECT TO APPROVAL BY THE GOVERNOR , A DEPARTMENT MAY
EXPEND MONEY IN THE FUND TO PROVIDE MATCHING NONFEDERAL FUNDS TO
A LOCAL GOVERNMENT OR A FEDERALLY RECOGNIZED
INDIAN TRIBE FOR
MATCH USES DIRECTED UNDER THE FEDERAL ACT
; AND
(II) THE OFFICE MAY EXPEND MONEY FROM THE FUND TO PROVIDE
GRANT WRITING SUPPORT
, PROJECT PLANNING SUPPORT , AND FOR
ADMINISTRATIVE NEEDS IN PROCESSING APPLICATIONS FOR MONEY FROM THE
FUND AND DISBURSING MONEY AWARDED FROM THE FUND IN ACCORDANCE
WITH THIS SECTION
.
(c) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY
, A DEPARTMENT AND THE OFFICE MAY EXPEND MONEY FROM THE
FUND FOR THE PURPOSES SET FORTH IN THIS SUBSECTION
(5).
(d) B
EFORE A DEPARTMENTAL EXPENDITURE FROM THE FUND , THE
PAGE 4-SENATE BILL 22-215 OFFICE SHALL DEVELOP A PROCESS FOR DEPARTMENTS TO APPLY TO EXPEND
MONEY FROM THE FUND FOR INFRASTRUCTURE PROJECTS THAT REQUIRE
NONFEDERAL MATCH FUNDS IN ORDER TO BE ELIGIBLE FOR FEDERAL
APPROVAL TO RECEIVE FEDERAL FUNDING FOR THE INFRASTRUCTURE
PROJECT UNDER THE
"INFRASTRUCTURE INVESTMENT AND JOBS ACT" AND
A PROCESS FOR REVIEWING AND APPROVING APPLICATIONS
.
(6) A
NY DEPARTMENT EXPENDING MONEY FROM THE FUND SHALL
INCLUDE INFORMATION REGARDING AMOUNTS EXPENDED AND ANTICIPATED
TO BE EXPENDED AND INFORMATION ON THE SPECIFIC INFRASTRUCTURE
PROJECT OR PROJECTS THE MONEY HAS BEEN OR IS ANTICIPATED TO BE
EXPENDED ON IN THE DEPARTMENT
'S ANNUAL PRESENTATION TO JOINT
COMMITTEES OF REFERENCE PURSUANT TO SECTION
2-7-203.
(7) (a) O
N OR BEFORE OCTOBER 1, 2022, AND ON OR BEFORE
OCTOBER 1 OF EVERY YEAR THEREAFTER , THE OFFICE SHALL SUBMIT A
REPORT TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY
, THE
SENATE COMMITTEE ON TRANSPORTATI ON AND ENERGY OR ANY SUCCESSOR
COMMITTEE
, AND THE HOUSE OF REPRESENTATIVES COMMITTEES ON
TRANSPORTATION AND LOCAL GOVERNMENT AND ENERGY AND
ENVIRONMENT OR ANY SUCCESSOR COMMITTEES
. THE REPORT MUST
INCLUDE
:
(I) I
NFORMATION, ORGANIZED BY DEPARTMENT AND PRIORITY
FUNDING CATEGORY
, ON AWARDS THAT HAVE BEEN MADE PENDING FEDERAL
APPROVAL INCLUDING THE AMOUNT OF MONEY AWARDED FROM THE FUND
,
THE FEDERAL FUNDS ANTICIPATED TO BE RECEIVED UPON FEDERAL
APPROVAL
, AND ANY OTHER FUNDING SOURCES ANTICIPATED ;
(II) I
NFORMATION, ORGANIZED BY DEPARTMENT AND PRIORITY
FUNDING CATEGORY
, ON AWARDS THAT HAVE BEEN MADE AND RECEIVED
FEDERAL APPROVAL INCLUDING THE AMOUNT OF MONEY AWARDED FROM
THE FUND
, THE FEDERAL FUNDS AUTHORIZED , AND ANY OTHER FUNDING
SOURCES AUTHORIZED
, RECEIVED, OR ANTICIPATED; AND
(III) ACTUAL EXPENDITURES BY DEPARTMENT FOR AMOUNTS
AWARDED FROM THE FUND
.
(b) I
N ADDITION TO THE INFORMATION REQUIRED PURSUANT TO
SUBSECTION
(7)(a) OF THIS SECTION, THE OFFICE SHALL INCLUDE IN ITS FIRST
PAGE 5-SENATE BILL 22-215 REPORT DUE ON OR BEFORE OCTOBER 1, 2022, INFORMATION ON THE
PROCESS THAT IT HAS ESTABLISHED FOR RECEIVING AND REVIEWING
APPLICATIONS PURSUANT TO SUBSECTION
(5)(d) OF THIS SECTION AND ANY
RECOMMENDATIONS FOR LEGISLATIVE CHANGES FOR PURPOSES OF
IMPLEMENTING THE PROVISIONS OF THIS SECTION
.
(c) A
NY DEPARTMENT APPLYING FOR AN AWARD OF MONEY FROM
THE FUND MUST PROVIDE THE OFFICE WITH THE INFORMATION NECESSARY
FOR THE REPORT REQUIRED BY THIS SUBSECTION
(7) AND COMPLY WITH ANY
REQUEST FROM THE OFFICE FOR THE INFORMATION
.
(8) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2028.
SECTION 2. Appropriation. For the 2021-22 state fiscal year,
$60,000,000 is appropriated to a department as defined by section
24-75-232 (2)(a), C.R.S., and to the office of the governor for use by a
department or the office of the governor. This appropriation is from the
"Infrastructure Investment and Jobs Act" cash fund created in section
24-75-232 (3), C.R.S. To implement this act, a department or the office of
the governor may use this appropriation for the purposes specified in
section 24-75-232 (5), C.R.S. Any money appropriated in this section not
expended prior to July 1, 2022, is further appropriated to a department and
the office of the governor through the 2026-27 state fiscal year for the same
purpose.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 6-SENATE BILL 22-215 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 7-SENATE BILL 22-215