First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0957.01 Zach Blaes x4348
HOUSE BILL 23-1276
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE BRIDGE AND TUNNEL ENTERPRISE , AND, IN101
CONNECTION THEREWITH , EXPANDING THE SCOPE OF THE102
ENTERPRISE'S POWERS TO INCLUDE THE COMPLETION OF103
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS AND104
ALLOWING THE ENTERPRISE TO REPAIR , RECONSTRUCT ,105
REPLACE, AND MAINTAIN A FAIR-RATED BRIDGE UNDER CERTAIN106
CIRCUMSTANCES.107
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
.)
HOUSE SPONSORSHIP
Lindstedt and Vigil,
SENATE SPONSORSHIP
Zenzinger,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. The bridge and tunnel enterprise (BTE) in the department of
transportation (department) completes tunnel projects and finances,
repairs, reconstructs, replaces, and maintains designated bridges in the
state. A designated bridge is a bridge that is part of the state highway
system that the department has identified as structurally deficient or
functionally obsolete and that the department has rated as poor.
The bill:
! Expands the scope of the BTE to include the completion of
preventative maintenance bridge projects, which are
projects that involve a treatment or strategy to extend the
service life of a fair-rated or good-rated bridge by
preventing, delaying, or reducing deterioration; and
! Specifies that the BTE may repair, reconstruct, replace, and
maintain a bridge that the department has rated as fair if the
fair-rated bridge is included as part of a project to repair,
reconstruct, replace, or maintain a designated bridge.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 43-4-802, amend2
(2)(c), (2)(d), (2)(f), and (3)(a) introductory portion as follows:3
43-4-802. Legislative declaration. (2) The general assembly4
further finds and declares that:5
(c) Increasing funding for designated bridge projects,6
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , tunnel projects, and road7
safety projects in the short- and medium-term through the imposition of8
bridge and road safety surcharges, a bridge and tunnel impact fee, and9
other new fees at rates reasonably calculated based on the benefits10
received by the persons paying the fees will not only provide funding to11
complete the projects but will also accelerate the state's economic12
recovery by increasing bridge, tunnel, and road construction, repair,13
reconstruction, and maintenance activity, as well as related economic14
activity, and by employing significant numbers of Coloradans;15
(d) The creation of a statewide bridge and tunnel enterprise16
HB23-1276-2- authorized to complete designated bridge projects, PREVENTATIVE1
MAINTENANCE BRIDGE PROJECTS , and tunnel projects, to impose a bridge2
safety surcharge and a bridge and tunnel impact fee and issue revenue3
bonds, and, if required approvals are obtained, to contract with the state4
to receive one or more loans of money received by the state under the5
terms of one or more financed purchase of an asset or certificate of6
participation agreements authorized by this part 8 and to use the revenues7
generated by the bridge safety surcharge and the bridge and tunnel impact8
fee to repay any such loan or loans, will improve the safety and efficiency9
of the state transportation system by allowing the state to accelerate the10
repair, reconstruction, and replacement of structurally deficient,11
functionally obsolete, and rated as poor bridges,
TO PERFORM12
PREVENTATIVE MAINTENANCE ON BRIDGES RATED AS FAIR AND GOOD , and13
TO repair, maintain, and more safely operate tunnels;14
(f) Granting the bridge enterprise and the transportation enterprise15
both responsibility for the completion, respectively, of designated bridge16
projects,
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel17
projects and other important surface transportation projects and the18
flexibility to execute their respective missions in a variety of innovative19
ways will ensure that available resources for such projects are efficiently20
and effectively leveraged so that both the projects and the state's21
economic recovery can be completed as quickly as possible.22
(3) The general assembly further finds and declares that:23
(a) While it is necessary, appropriate, and in the best interests of24
the state to fund designated bridge projects,
PREVENTATIVE MAINTENANCE25
BRIDGE PROJECTS, tunnel projects, and highway safety projects and26
stimulate economic recovery in the short- and medium-term, the state27
HB23-1276
-3- must also develop a long-term strategy to provide sustainable long-term1
revenue streams dedicated for the construction of important surface2
transportation infrastructure projects and the continuing maintenance,3
repair, and reconstruction of the statewide surface transportation system4
that will:5
SECTION 2. In Colorado Revised Statutes, 43-4-803, amend6
(11), (13)(b)(IV), and (13)(b)(V); and add (12.5), (12.7), and (17.5) as7
follows:8
43-4-803. Definitions. As used in this part 8, unless the context9
otherwise requires:10
(11) "Designated bridge project" means a project that involves the11
repair, reconstruction, replacement, or ongoing operation or maintenance,12
or any combination thereof, of a designated bridge by the bridge13
enterprise pursuant to an agreement between the enterprise and the14
commission or department authorized by section 43-4-805 (5)(f). A15
FAIR-RATED BRIDGE MAY BE INCLUDED IN A DESIGNATED BRIDGE PROJECT16
OR OTHER PROJECT INVOLVING THE REPAIR , REPLACEMENT, OR17
RECONSTRUCTION OF A DESIGNATED BRIDGE IF INCLUDING THE18
FAIR-RATED BRIDGE IS AN EFFICIENT USE OF THE BRIDGE ENTERPRISE 'S19
RESOURCES AND WILL RESULT IN COST SAVINGS OR SCHEDULE20
ACCELERATION FOR A PROJECT THAT WILL IMPROVE SAFETY .21
(12.5) "F
AIR-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING22
ANY ROADWAYS, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,23
ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE24
BRIDGE, THAT:25
(a) I
S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN26
SECTION 43-2-101; AND27
HB23-1276
-4- (b) THE DEPARTMENT HAS RATED AS FAIR .1
(12.7) "G
OOD-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING2
ANY ROADWAYS, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,3
ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE4
BRIDGE, THAT:5
(a) I
S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN6
SECTION 43-2-101; AND7
(b) T
HE DEPARTMENT HAS RATED AS GOOD .8
(13) (b) "Grant" does not include any of the following or any9
interest or income derived from the deposit and investment of the10
following:11
(IV) Any moneys
MONEY paid or advanced to the bridge12
enterprise or the transportation enterprise by the state, a local government13
or group of local governments, an authority, or any other14
government-owned business or governmental entity in exchange for an15
agreement by either enterprise to complete a designated bridge project,
A16
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or a surface17
transportation infrastructure project; or18
(V) Any moneys
MONEY loaned by the commission to the bridge19
enterprise pursuant to section 43-4-805 (4) or (5)(r) or the transportation20
enterprise pursuant to section 43-4-806 (4).21
(17.5) "P
REVENTATIVE MAINTENANCE BRIDGE PROJECT " MEANS A22
PROJECT THAT INVOLVES A TREATMENT OR STRATEGY TO EXTEND THE23
SERVICE LIFE OF A FAIR-RATED OR GOOD-RATED BRIDGE BY PREVENTING,24
DELAYING, OR REDUCING THE DETERIORATION OF A BRIDGE .25
SECTION 3. In Colorado Revised Statutes, 43-4-805, amend26
(1)(a), (1)(b), (2)(a)(I), (2)(b) introductory portion, (2)(b)(II), (2)(c), (3),27
HB23-1276
-5- (5)(c), (5)(f), (5)(h), (5)(k), (5)(l), (5)(p), (5)(q), (5)(r)(I), and (5)(r)(II) as1
follows:2
43-4-805. Statewide bridge enterprise - creation - board -3
funds - powers and duties - legislative declaration - definitions.4
(1) The general assembly hereby finds and declares that:5
(a) The completion of designated bridge projects,
PREVENTATIVE6
MAINTENANCE BRIDGE PROJECTS , and tunnel projects is essential to7
address increasing traffic congestion and delays, hazards, injuries, and8
fatalities;9
(b) Due to the limited availability of state and federal funding and10
the need to accomplish the financing, repair, reconstruction, and11
replacement of designated bridges,
COMPLETION OF PREVENTATIVE12
MAINTENANCE BRIDGE PROJECTS , and COMPLETION OF tunnel projects as13
promptly and efficiently as possible, it is necessary to create a statewide14
bridge and tunnel enterprise and to authorize the enterprise to:15
(I) Enter into agreements with the commission or the department16
to finance, repair, reconstruct, and replace designated bridges,
COMPLETE17
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and complete tunnel18
projects in the state; and19
(II) Impose a bridge safety surcharge, a bridge and tunnel impact20
fee, and a bridge and tunnel retail delivery fee at rates reasonably21
calculated to defray the costs of completing designated bridge projects,22
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel projects and23
distribute the burden of defraying the costs in a manner based on the24
benefits received by persons paying the fees and using designated bridges25
and tunnels and receiving retail deliveries, receive and expend revenue26
generated by the surcharge and fees and other money, issue revenue27
HB23-1276
-6- bonds and other obligations, contract with the state, if required approvals1
are obtained, to receive one or more loans of money received by the state2
under the terms of one or more financed purchase of an asset or certificate3
of participation agreements authorized by this part 8, expend revenue4
generated by the surcharge to repay any such loan or loans received, and5
exercise other powers necessary and appropriate to carry out its purposes;6
and7
(2) (a) (I) The scope of the existing statewide bridge enterprise8
created in this subsection (2)(a)(I) in 2009 is hereby expanded to include9
both designated bridge projects, PREVENTATIVE MAINTENANCE BRIDGE10
PROJECTS, and surface transportation infrastructure projects for tunnels,11
and the name of the expanded enterprise is the statewide bridge and12
tunnel enterprise. The bridge enterprise is and operates as a13
government-owned business within the department. The commission shall14
serve as the bridge enterprise board and shall, with the consent of the15
executive director, appoint a bridge enterprise director who shall possess16
such qualifications as may be established by the commission and the state17
personnel board. The bridge enterprise director shall oversee the18
discharge of all responsibilities of the bridge enterprise and shall serve at19
the pleasure of the bridge enterprise board.20
(b) The business purpose of the bridge enterprise is to finance,21
repair, reconstruct, and replace any designated bridge in the state,22
COMPLETE PREVENTATIVE MAINTE NANCE BRIDGE PROJECTS , and complete23
tunnel projects and, as agreed upon by the enterprise and the commission,24
or the department to the extent authorized by the commission, to maintain25
the bridges it finances, repairs, reconstructs, and replaces. To allow the26
bridge enterprise to accomplish this purpose and fully exercise its powers27
HB23-1276
-7- and duties through the bridge enterprise board, the bridge enterprise may:1
(II) Issue revenue bonds payable from the revenues and other2
available moneys MONEY of the bridge enterprise pledged for their3
payment as authorized in section 43-4-807; and4
(c) The bridge enterprise shall constitute CONSTITUTES an5
enterprise for purposes of section 20 of article X of the state constitution6
so long as it retains the authority to issue revenue bonds and receives less7
than ten percent of its total revenues in grants from all Colorado state and8
local governments combined. So long as it constitutes an enterprise9
pursuant to this subsection (2)(c), the bridge enterprise shall not be10
subject to any provisions of section 20 of article X of the state11
constitution. Consistent with the determination of the Colorado supreme12
court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo.13
1995), that the power to impose taxes is inconsistent with "enterprise"14
status under section 20 of article X of the state constitution, the general15
assembly finds and declares that a bridge safety surcharge, a bridge and16
tunnel impact fee, or a bridge and tunnel retail delivery fee imposed by17
the bridge enterprise as authorized by subsection (5)(g), (5)(g.5), or18
(5)(g.7) of this section is not a tax but is instead a fee imposed by the19
bridge enterprise to defray the cost of completing designated bridge20
projects,
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel21
projects that the enterprise provides as a specific service to the persons22
upon whom the fee is imposed and at rates reasonably calculated based23
on the benefits received by such persons.24
(3) (a) The statewide bridge and tunnel enterprise special revenue25
fund, referred to in this part 8 as the "bridge special fund", is hereby26
created in the state treasury. All revenue received by the bridge enterprise,27
HB23-1276
-8- including, but not limited to, revenue from a bridge safety surcharge1
imposed as authorized by subsection (5)(g) of this section, revenue from2
a bridge and tunnel impact fee imposed as authorized by subsection3
(5)(g.5) of this section, revenue from a bridge and tunnel retail delivery4
fee imposed as authorized by subsection (5)(g.7) of this section, and any5
money loaned to the enterprise by the state pursuant to subsection (5)(r)6
of this section, shall be deposited into the bridge special fund. The bridge7
enterprise board may establish separate accounts within the bridge special8
fund as needed in connection with any specific designated bridge project,9
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or tunnel project. The10
bridge enterprise also may deposit or permit others to deposit other money11
into the bridge special fund, but in no event may revenue from any tax12
otherwise available for general purposes be deposited into the bridge13
special fund. The state treasurer, after consulting with the bridge14
enterprise board, shall invest any money in the bridge special fund,15
including any surplus or reserves, but excluding any proceeds from the16
sale of bonds or earnings on such proceeds invested pursuant to section17
43-4-807 (2), that are not needed for immediate use. Such money may be18
invested in the types of investments authorized in sections 24-36-109,19
24-36-112, and 24-36-113.20
(b) All interest and income derived from the deposit and21
investment of moneys in the bridge special fund shall be credited to the22
bridge special fund and, if applicable, to the appropriate designated23
bridge project account, Moneys
PREVENTATIVE MAINTENANCE BRIDGE24
PROJECT ACCOUNT, OR TUNNEL PROJECT ACCOUNT. MONEY in the bridge25
special fund shall be continuously appropriated to the bridge enterprise26
for the purposes set forth in this part 8. All moneys MONEY deposited in27
HB23-1276
-9- the bridge special fund shall remain in the bridge special fund for the1
purposes set forth in this part 8, and no part of the bridge special fund2
shall be used for any other purpose.3
(c) The bridge enterprise may expend money in the bridge special4
fund to pay bond or loan obligations, to fund the administration, planning,5
financing, repair, reconstruction, replacement, or maintenance of6
designated bridges and the completion of tunnel projects, and for the7
acquisition of land to the extent required in connection with any8
designated bridge project. The bridge enterprise may also expend money9
in the bridge special fund to pay its operating costs and expenses. The10
bridge enterprise board shall have HAS exclusive authority to budget and11
approve the expenditure of money in the bridge special fund. T
HE BRIDGE12
ENTERPRISE MAY EXPEND MONEY IN THE BRIDGE SPECIAL FUND TO PAY13
FOR:14
(I) B
OND OR LOAN OBLIGATIONS;15
(II) T
HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,16
RECONSTRUCTION, REPLACEMENT, OR MAINTENANCE OF A DESIGNATED17
BRIDGE;18
(III) T
HE COMPLETION OF PREVENTATIVE MAINTENANCE BRIDGE19
PROJECTS;20
(IV) T
HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,21
REPLACEMENT, RECONSTRUCTION, OR MAINTENANCE OF A FAIR-RATED22
BRIDGE IF THE REPAIR, REPLACEMENT, OR RECONSTRUCTION IS INCLUDED23
AS PART OF A DESIGNATED BRIDGE PROJECT OR OTHER PROJECT INVOLVING24
THE REPAIR, REPLACEMENT, OR RECONSTRUCTION OF A DESIGNATED25
BRIDGE. A FAIR-RATED BRIDGE MAY BE INCLUDED IN A DESIGNATED26
BRIDGE PROJECT OR OTHER PROJECT INVOLVING THE REPAIR ,27
HB23-1276
-10- REPLACEMENT, OR RECONSTRUCTION OF A DESIGNATED BRIDGE IF1
INCLUDING THE FAIR-RATED BRIDGE IS AN EFFICIENT USE OF THE BRIDGE2
ENTERPRISE'S RESOURCES AND WILL RESULT IN COST SAVINGS OR3
SCHEDULE ACCELERATION FOR A PROJECT THAT WILL IMPROVE SAFETY .4
(V) T
HE COMPLETION OF TUNNEL PROJECTS ;5
(VI) T
HE ACQUISITION OF LAND TO THE EXTENT REQUIRED IN6
CONNECTION WITH ANY DESIGNATED BRIDGE PROJECT ; AND7
(VII) T
HE OPERATING COSTS AND EXPENSES OF THE BRIDGE8
ENTERPRISE.9
(5) In addition to any other powers and duties specified in this10
section, the bridge enterprise board has the following powers and duties:11
(c) To issue revenue bonds, payable solely from the bridge special12
fund, for the purpose of paying the cost of financing, repairing,13
reconstructing, replacing, and maintaining designated bridges
OR14
FAIR-RATED BRIDGES IF THE FAIR-RATED BRIDGES ARE INCLUDED AS PART15
OF DESIGNATED BRIDGE PROJECTS OR OTHER PROJECTS PURS UANT TO16
SUBSECTION (3)(c)(IV) OF THIS SECTION, COMPLETING PREVENTATIVE17
MAINTENANCE BRIDGE PROJECTS , and completing tunnel projects;18
(f) To enter into agreements
AN AGREEMENT with the commission,19
or the department to the extent authorized by the commission, under20
which the bridge enterprise agrees to finance, repair, reconstruct, replace,21
and, if any given agreement so specifies, maintain designated bridges as22
specified in the agreements A DESIGNATED BRIDGE OR A FAIR -RATED23
BRIDGE IF THE FAIR-RATED BRIDGE IS INCLUDED AS PART OF A DESIGNATED24
BRIDGE PROJECT OR OTHER PROJECT PURSUANT TO SUBSECTION (3)(c)(IV)25
OF THIS SECTION;26
(h) To make and enter into contracts or agreements with a private27
HB23-1276
-11- entity, to facilitate a public-private initiative pursuant to sections1
43-1-1203 and 43-1-1204, including, but not limited to:2
(I) An agreement pursuant to which the bridge enterprise or the3
enterprise on behalf of the department operates, maintains, or provides4
services or property in connection with a designated bridge project, and5
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL PROJECT;6
(II) An agreement pursuant to which a private entity designs,7
develops, constructs, reconstructs, repairs, operates, or maintains all or8
any portion of a designated bridge project on behalf of the bridge9
enterprise;
AND10
(III) A
N AGREEMENT PURSUANT TO WHICH A PRIVATE ENTITY11
PARTICIPATES IN OR COMPLETES A PREVENTATIVE MAINTENANCE BRIDGE12
PROJECT OR TUNNEL PROJECT.13
(k) To prepare, or cause to be prepared, detailed plans,14
specifications, or estimates for any designated bridge project,15
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or tunnel project within16
the state;17
(l) In connection with any designated bridge project, to acquire,18
finance, repair, reconstruct, replace, operate, and maintain any designated19
bridge within the state
OR ANY FAIR-RATED BRIDGE IF THE FAIR-RATED20
BRIDGE IS INCLUDED AS PART OF A DESIGNATED BRIDGE PROJECT21
PURSUANT TO SUBSECTION (3)(c)(IV) OF THIS SECTION;22
(p) Pursuant to section 24-1-107.5, C.R.S.,
to establish, create, and23
approve nonprofit entities and bonds issued by or on behalf of such24
nonprofit entities for the purpose of completing a designated bridge25
project,
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL26
PROJECT, to accept the assets of any such nonprofit entity, to obtain an27
HB23-1276
-12- option to acquire the assets of any such nonprofit entity by paying its1
bonds, to appoint or approve the appointment of members of the2
governing board of any such nonprofit entity, and to remove the members3
of the governing board of any such nonprofit entity for cause;4
(q) To transfer money, property, or other assets of the bridge5
enterprise to the department to the extent necessary to implement the6
financing of any designated bridge project,
PREVENTATIVE MAINTENANCE7
BRIDGE PROJECT, OR TUNNEL PROJECT, or for any other purpose authorized8
in this part 8;9
(r) (I) To contract with the state to borrow money under the terms10
of one or more loan contracts entered into by the state and the bridge11
enterprise pursuant to subsection (5)(r)(III) of this section, to expend any12
money borrowed from the state for the purpose of completing designated13
bridge projects,
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and14
tunnel projects and for any other authorized purpose that constitutes the15
construction, supervision, and maintenance of the public highways of this16
state for purposes of section 18 of article X of the state constitution, and17
to use revenue generated by any bridge safety surcharge, bridge and18
tunnel impact fee, or bridge and tunnel retail delivery fee imposed19
pursuant to subsection (5)(g), (5)(g.5), or (5)(g.7) of this section and any20
other legally available money of the bridge enterprise to repay the money21
borrowed and any other amounts payable under the terms of the loan22
contract.23
(II) If the bridge enterprise board seeks to enter into a contract to24
borrow money from the state as authorized by subsection (5)(r)(I) of this25
section, the board shall provide the governor with a list of designated26
bridge projects,
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , OR27
HB23-1276
-13- TUNNEL PROJECTS to be financed with the borrowed money and a1
statement of both the total amount of the loan requested and the estimated2
amount of the loan that will be used to fund each project on the list. If the3
governor determines, in the governor's sole discretion, that lending money4
to the bridge enterprise as requested by the enterprise, or lending a lesser5
amount of money to the enterprise, is in the best interest of the state, the6
governor, after consultation with the executive director of the department7
of personnel and the state treasurer, shall prepare and provide to the state8
treasurer a list of state buildings or other state capital facilities that the9
state, acting by and through the state treasurer, may sell or lease and lease10
back pursuant to the terms of one or more financed purchase of an asset11
or certificate of participation agreements that the state, acting by and12
through the state treasurer, may enter into pursuant to subsection13
(5)(r)(III) of this section. When providing the list, the governor shall also14
specify to the state treasurer the maximum permitted principal amount of15
any loan that may be made to the bridge enterprise under the terms of any16
loan contract that the state, acting by and through the state treasurer, may17
enter into pursuant to subsection (5)(r)(III)(A) of this section.18
SECTION 4. Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2024 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
HB23-1276
-14-