Colorado 2023 Regular Session

Colorado House Bill HB1276 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0957.01 Zach Blaes x4348
1	8		HOUSE BILL 23-1276
2		-	BY REPRESENTATIVE(S) Lindstedt and Vigil, Bird, Boesenecker,
3		-	Dickson, Epps, Frizell, Froelich, Hamrick, Jodeh, Kipp, Lindsay, Lynch,
4		-	Ricks, Story, Taggart, Valdez, Weinberg, Willford, McCluskie;
5		-	also SENATOR(S) Zenzinger and Pelton B., Bridges, Buckner, Cutter,
6		-	Exum, Ginal, Hansen, Hinrichsen, Kolker, Pelton R., Priola, Winter F.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Transportation & Energy
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING THE BRIDGE AND TUNNEL ENTERPRISE , AND, IN CONNECTION
9		-	THEREWITH
10		-	, EXPANDING THE SCOPE OF THE ENTERPRISE'S POWERS TO
11		-	INCLUDE THE COMPLETION OF PREVENTATIVE MAINTENANCE BRIDGE
12		-	PROJECTS AND ALLOWING THE ENTERPRISE TO REPAIR
13		-	, RECONSTRUCT,
14		-	REPLACE, AND MAINTAIN A FAIR-RATED BRIDGE UNDER CERTAIN
15		-	CIRCUMSTANCES
16		-	.
17		-
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. In Colorado Revised Statutes, 43-4-802, amend
20		-	(2)(c), (2)(d), (2)(f), and (3)(a) introductory portion as follows:
21		-	43-4-802. Legislative declaration. (2) The general assembly
22		-	further finds and declares that:
23		-	(c) Increasing funding for designated bridge projects,
24		-	PREVENTATIVE
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. MAINTENANCE BRIDGE PROJECTS , tunnel projects, and road safety projects
33		-	in the short- and medium-term through the imposition of bridge and road
34		-	safety surcharges, a bridge and tunnel impact fee, and other new fees at
35		-	rates reasonably calculated based on the benefits received by the persons
36		-	paying the fees will not only provide funding to complete the projects but
37		-	will also accelerate the state's economic recovery by increasing bridge,
38		-	tunnel, and road construction, repair, reconstruction, and maintenance
39		-	activity, as well as related economic activity, and by employing significant
40		-	numbers of Coloradans;
41		-	(d) The creation of a statewide bridge and tunnel enterprise
42		-	authorized to complete designated bridge projects,
43		-	PREVENTATIVE
44		-	MAINTENANCE BRIDGE PROJECTS
45		-	, and tunnel projects, to impose a bridge
46		-	safety surcharge and a bridge and tunnel impact fee and issue revenue
47		-	bonds, and, if required approvals are obtained, to contract with the state to
48		-	receive one or more loans of money received by the state under the terms
49		-	of one or more financed purchase of an asset or certificate of participation
50		-	agreements authorized by this part 8 and to use the revenues generated by
51		-	the bridge safety surcharge and the bridge and tunnel impact fee to repay
52		-	any such loan or loans, will improve the safety and efficiency of the state
53		-	transportation system by allowing the state to accelerate the repair,
54		-	reconstruction, and replacement of structurally deficient, functionally
55		-	obsolete, and rated as poor bridges,
56		-	TO PERFORM PREVENTATIVE
57		-	MAINTENANCE ON BRIDGES RATED AS FAIR AND GOOD
58		-	, and TO repair,
59		-	maintain, and more safely operate tunnels;
60		-	(f) Granting the bridge enterprise and the transportation enterprise
61		-	both responsibility for the completion, respectively, of designated bridge
	13	+	ONCERNING THE BRIDGE AND TUNNEL ENTERPRISE , AND, IN101
	14	+	CONNECTION THEREWITH , EXPANDING THE SCOPE OF THE102
	15	+	ENTERPRISE'S POWERS TO INCLUDE THE COMPLETION OF103
	16	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS AND104
	17	+	ALLOWING THE ENTERPRISE TO REPAIR , RECONSTRUCT ,105
	18	+	REPLACE, AND MAINTAIN A FAIR-RATED BRIDGE UNDER CERTAIN106
	19	+	CIRCUMSTANCES.107
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	April 27, 2023
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	April 26, 2023
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 14, 2023
	36	+	HOUSE
	37	+	2nd Reading Unamended
	38	+	April 13, 2023
	39	+	HOUSE SPONSORSHIP
	40	+	Lindstedt and Vigil, Bird, Boesenecker, Dickson, Epps, Frizell, Froelich, Hamrick, Jodeh,
	41	+	Kipp, Lindsay, Lynch, McCluskie, Ricks, Story, Taggart, Valdez, Weinberg, Willford
	42	+	SENATE SPONSORSHIP
	43	+	Zenzinger and Pelton B., Bridges, Buckner, Cutter, Exum, Ginal, Hansen, Hinrichsen,
	44	+	Kolker, Pelton R., Priola, Winter F.
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. The bridge and tunnel enterprise (BTE) in the department of
	48	+	transportation (department) completes tunnel projects and finances,
	49	+	repairs, reconstructs, replaces, and maintains designated bridges in the
	50	+	state. A designated bridge is a bridge that is part of the state highway
	51	+	system that the department has identified as structurally deficient or
	52	+	functionally obsolete and that the department has rated as poor.
	53	+	The bill:
	54	+	! Expands the scope of the BTE to include the completion of
	55	+	preventative maintenance bridge projects, which are
	56	+	projects that involve a treatment or strategy to extend the
	57	+	service life of a fair-rated or good-rated bridge by
	58	+	preventing, delaying, or reducing deterioration; and
	59	+	! Specifies that the BTE may repair, reconstruct, replace, and
	60	+	maintain a bridge that the department has rated as fair if the
	61	+	fair-rated bridge is included as part of a project to repair,
	62	+	reconstruct, replace, or maintain a designated bridge.
	63	+	Be it enacted by the General Assembly of the State of Colorado:1
	64	+	SECTION 1. In Colorado Revised Statutes, 43-4-802, amend2
	65	+	(2)(c), (2)(d), (2)(f), and (3)(a) introductory portion as follows:3
	66	+	43-4-802. Legislative declaration. (2) The general assembly4
	67	+	further finds and declares that:5
	68	+	(c) Increasing funding for designated bridge projects,6
	69	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , tunnel projects, and road7
	70	+	safety projects in the short- and medium-term through the imposition of8
	71	+	bridge and road safety surcharges, a bridge and tunnel impact fee, and9
	72	+	other new fees at rates reasonably calculated based on the benefits10
	73	+	received by the persons paying the fees will not only provide funding to11
	74	+	complete the projects but will also accelerate the state's economic12
	75	+	recovery by increasing bridge, tunnel, and road construction, repair,13
	76	+	reconstruction, and maintenance activity, as well as related economic14
	77	+	activity, and by employing significant numbers of Coloradans;15
	78	+	(d) The creation of a statewide bridge and tunnel enterprise16
	79	+	1276-2- authorized to complete designated bridge projects, PREVENTATIVE1
	80	+	MAINTENANCE BRIDGE PROJECTS , and tunnel projects, to impose a bridge2
	81	+	safety surcharge and a bridge and tunnel impact fee and issue revenue3
	82	+	bonds, and, if required approvals are obtained, to contract with the state4
	83	+	to receive one or more loans of money received by the state under the5
	84	+	terms of one or more financed purchase of an asset or certificate of6
	85	+	participation agreements authorized by this part 8 and to use the revenues7
	86	+	generated by the bridge safety surcharge and the bridge and tunnel impact8
	87	+	fee to repay any such loan or loans, will improve the safety and efficiency9
	88	+	of the state transportation system by allowing the state to accelerate the10
	89	+	repair, reconstruction, and replacement of structurally deficient,11
	90	+	functionally obsolete, and rated as poor bridges,
	91	+	TO PERFORM12
	92	+	PREVENTATIVE MAINTENANCE ON BRIDGES RATED AS FAIR AND GOOD , and13
	93	+	TO repair, maintain, and more safely operate tunnels;14
	94	+	(f) Granting the bridge enterprise and the transportation enterprise15
	95	+	both responsibility for the completion, respectively, of designated bridge16
62	96		projects,
63		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel
64		-	projects and other important surface transportation projects and the
65		-	flexibility to execute their respective missions in a variety of innovative
66		-	ways will ensure that available resources for such projects are efficiently
67		-	and effectively leveraged so that both the projects and the state's economic
68		-	recovery can be completed as quickly as possible.
69		-	(3) The general assembly further finds and declares that:
70		-	(a) While it is necessary, appropriate, and in the best interests of the
71		-	state to fund designated bridge projects,
72		-	PREVENTATIVE MAINTENANCE
73		-	BRIDGE PROJECTS
74		-	, tunnel projects, and highway safety projects and
75		-	PAGE 2-HOUSE BILL 23-1276 stimulate economic recovery in the short- and medium-term, the state must
76		-	also develop a long-term strategy to provide sustainable long-term revenue
77		-	streams dedicated for the construction of important surface transportation
78		-	infrastructure projects and the continuing maintenance, repair, and
79		-	reconstruction of the statewide surface transportation system that will:
80		-	SECTION 2. In Colorado Revised Statutes, 43-4-803, amend (11),
81		-	(13)(b)(IV), and (13)(b)(V); and add (12.5), (12.7), and (17.5) as follows:
82		-	43-4-803. Definitions. As used in this part 8, unless the context
83		-	otherwise requires:
84		-	(11) "Designated bridge project" means a project that involves the
85		-	repair, reconstruction, replacement, or ongoing operation or maintenance,
86		-	or any combination thereof, of a designated bridge by the bridge enterprise
87		-	pursuant to an agreement between the enterprise and the commission or
88		-	department authorized by section 43-4-805 (5)(f). A
89		-	FAIR-RATED BRIDGE
90		-	MAY BE INCLUDED IN A DESIGNATED BRIDGE PROJECT OR OTHER PROJECT
91		-	INVOLVING THE REPAIR
92		-	, REPLACEMENT, OR RECONSTRUCTION OF A
93		-	DESIGNATED BRIDGE IF INCLUDING THE FAIR
94		-	-RATED BRIDGE IS AN EFFICIENT
95		-	USE OF THE BRIDGE ENTERPRISE
96		-	'S RESOURCES AND WILL RESULT IN COST
97		-	SAVINGS OR SCHEDULE ACCELERATION FOR A PROJECT THAT WILL IMPROVE
98		-	SAFETY
99		-	.
	97	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel17
	98	+	projects and other important surface transportation projects and the18
	99	+	flexibility to execute their respective missions in a variety of innovative19
	100	+	ways will ensure that available resources for such projects are efficiently20
	101	+	and effectively leveraged so that both the projects and the state's21
	102	+	economic recovery can be completed as quickly as possible.22
	103	+	(3) The general assembly further finds and declares that:23
	104	+	(a) While it is necessary, appropriate, and in the best interests of24
	105	+	the state to fund designated bridge projects,
	106	+	PREVENTATIVE MAINTENANCE25
	107	+	BRIDGE PROJECTS, tunnel projects, and highway safety projects and26
	108	+	stimulate economic recovery in the short- and medium-term, the state27
	109	+	1276
	110	+	-3- must also develop a long-term strategy to provide sustainable long-term1
	111	+	revenue streams dedicated for the construction of important surface2
	112	+	transportation infrastructure projects and the continuing maintenance,3
	113	+	repair, and reconstruction of the statewide surface transportation system4
	114	+	that will:5
	115	+	SECTION 2. In Colorado Revised Statutes, 43-4-803, amend6
	116	+	(11), (13)(b)(IV), and (13)(b)(V); and add (12.5), (12.7), and (17.5) as7
	117	+	follows:8
	118	+	43-4-803. Definitions. As used in this part 8, unless the context9
	119	+	otherwise requires:10
	120	+	(11) "Designated bridge project" means a project that involves the11
	121	+	repair, reconstruction, replacement, or ongoing operation or maintenance,12
	122	+	or any combination thereof, of a designated bridge by the bridge13
	123	+	enterprise pursuant to an agreement between the enterprise and the14
	124	+	commission or department authorized by section 43-4-805 (5)(f). A15
	125	+	FAIR-RATED BRIDGE MAY BE INCLUDED IN A DESIGNATED BRIDGE PROJECT16
	126	+	OR OTHER PROJECT INVOLVING THE REPAIR , REPLACEMENT, OR17
	127	+	RECONSTRUCTION OF A DESIGNATED BRIDGE IF INCLUDING THE18
	128	+	FAIR-RATED BRIDGE IS AN EFFICIENT USE OF THE BRIDGE ENTERPRISE 'S19
	129	+	RESOURCES AND WILL RESULT IN COST SAVINGS OR SCHEDULE20
	130	+	ACCELERATION FOR A PROJECT THAT WILL IMPROVE SAFETY .21
100	131		(12.5) "F
101		-	AIR-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING ANY
102		-	ROADWAYS
103		-	, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,
104		-	ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE BRIDGE ,
105		-	THAT:
	132	+	AIR-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING22
	133	+	ANY ROADWAYS, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,23
	134	+	ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE24
	135	+	BRIDGE, THAT:25
106	136		(a) I
107		-	S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN
108		-	SECTION
109		-	~~43-2-101; AND~~
110		-	(b) THE DEPARTMENT HAS RATED AS FAIR .
	137	+	S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN26
	138	+	SECTION 43-2-101; AND27
	139	+	1276
	140	+	-4- (b) THE DEPARTMENT HAS RATED AS FAIR .1
111	141		(12.7) "G
112		-	OOD-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING
113		-	ANY ROADWAYS
114		-	, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,
115		-	ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE BRIDGE ,
116		-	THAT:
	142	+	OOD-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING2
	143	+	ANY ROADWAYS, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,3
	144	+	ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE4
	145	+	BRIDGE, THAT:5
117	146		(a) I
118		-	S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN
119		-	PAGE 3-HOUSE BILL 23-1276 SECTION 43-2-101; AND
120		-	(b) THE DEPARTMENT HAS RATED AS GOOD .
121		-	(13) (b) "Grant" does not include any of the following or any interest
122		-	or income derived from the deposit and investment of the following:
123		-	(IV) Any moneys MONEY paid or advanced to the bridge enterprise
124		-	or the transportation enterprise by the state, a local government or group of
125		-	local governments, an authority, or any other government-owned business
126		-	or governmental entity in exchange for an agreement by either enterprise to
127		-	complete a designated bridge project,
128		-	A PREVENTATIVE MAINTENANCE
129		-	BRIDGE PROJECT
130		-	, or a surface transportation infrastructure project; or
	147	+	S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN6
	148	+	SECTION 43-2-101; AND7
	149	+	(b) T
	150	+	HE DEPARTMENT HAS RATED AS GOOD .8
	151	+	(13) (b) "Grant" does not include any of the following or any9
	152	+	interest or income derived from the deposit and investment of the10
	153	+	following:11
	154	+	(IV) Any moneys
	155	+	MONEY paid or advanced to the bridge12
	156	+	enterprise or the transportation enterprise by the state, a local government13
	157	+	or group of local governments, an authority, or any other14
	158	+	government-owned business or governmental entity in exchange for an15
	159	+	agreement by either enterprise to complete a designated bridge project,
	160	+	A16
	161	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or a surface17
	162	+	transportation infrastructure project; or18
131	163		(V) Any moneys
132		-	MONEY loaned by the commission to the ~~bridge~~
133		-	enterprise pursuant to section 43-4-805 (4) or (5)(r) or the ~~transportation~~
134		-	enterprise pursuant to section 43-4-806 (4).
	164	+	MONEY loaned by the commission to the bridge19
	165	+	enterprise pursuant to section 43-4-805 (4) or (5)(r) or the transportation20
	166	+	enterprise pursuant to section 43-4-806 (4).21
135	167		(17.5) "P
136		-	REVENTATIVE MAINTENANCE BRIDGE PROJECT " MEANS A
137		-	PROJECT THAT INVOLVES A TREATMENT OR STRATEGY TO EXTEND ~~THE~~
138		-	SERVICE LIFE OF A FAIR
139		-	~~-RATED~~ OR ~~GOOD-RATED~~ BRIDGE ~~BY PREVENTING ,~~
140		-	~~DELAYING~~, ~~OR REDUCING THE DETERIORATION OF A BRIDGE .~~
141		-	~~SECTION 3. In Colorado Revised Statutes~~, ~~43-4-805~~, ~~amend~~
142		-	~~(1)(a), (1)(b), (2)(a)(I), (2)(b) introductory portion, (2)(b)(II), (2)(c), (3),~~
143		-	(5)(c), (5)(f), (5)(h), (5)(k), (5)(l), (5)(p), (5)(q), (5)(r)(I), and (5)(r)(II) as
144		-	follows:
145		-	43-4-805. Statewide bridge enterprise - creation - board - ~~funds~~
146		-	- powers and duties - legislative declaration - definitions. ~~(1) The~~
147		-	general assembly hereby finds and declares that:
	168	+	REVENTATIVE MAINTENANCE BRIDGE PROJECT " MEANS A22
	169	+	PROJECT THAT INVOLVES A TREATMENT OR STRATEGY TO EXTEND THE23
	170	+	SERVICE LIFE OF A FAIR-RATED OR GOOD-RATED BRIDGE BY PREVENTING,24
	171	+	DELAYING, OR REDUCING THE DETERIORATION OF A BRIDGE .25
	172	+	SECTION 3. In Colorado Revised Statutes, 43-4-805, amend26
	173	+	(1)(a), (1)(b), (2)(a)(I), (2)(b) introductory portion, (2)(b)(II), (2)(c), (3),27
	174	+	1276
	175	+	-5- (5)(c), (5)(f), (5)(h), (5)(k), (5)(l), (5)(p), (5)(q), (5)(r)(I), and (5)(r)(II) as1
	176	+	follows:2
	177	+	43-4-805. Statewide bridge enterprise - creation - board -3
	178	+	funds - powers and duties - legislative declaration - definitions.4
	179	+	(1) The general assembly hereby finds and declares that:5
148	180		(a) The completion of designated bridge projects,
149		-	~~PREVENTATIVE~~
150		-	MAINTENANCE BRIDGE PROJECTS
151		-	, and ~~tunnel projects is essential to address~~
152		-	~~increasing traffic congestion and delays, hazards, injuries, and~~ fatalities;
153		-	(b) Due to the limited availability of state and federal funding ~~and~~
154		-	the need to accomplish the financing, repair, reconstruction, ~~and~~
	181	+	PREVENTATIVE6
	182	+	MAINTENANCE BRIDGE PROJECTS , and tunnel projects is essential to7
	183	+	address increasing traffic congestion and delays, hazards, injuries, and8
	184	+	fatalities;9
	185	+	(b) Due to the limited availability of state and federal funding and10
	186	+	the need to accomplish the financing, repair, reconstruction, and11
155	187		replacement of designated bridges,
156		-	COMPLETION OF PREVENTATIVE
157		-	MAINTENANCE BRIDGE PROJECTS
158		-	, and COMPLETION OF tunnel projects as
159		-	PAGE 4-HOUSE BILL 23-1276 promptly and efficiently as possible, it is necessary to create a statewide
160		-	bridge and tunnel enterprise and to authorize the enterprise to:
161		-	(I) Enter into agreements with the commission or the department to
162		-	finance, repair, reconstruct, and replace designated bridges,
163		-	COMPLETE
164		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS
165		-	, and complete tunnel
166		-	projects in the state; and
167		-	(II) Impose a bridge safety surcharge, a bridge and tunnel impact
168		-	fee, and a bridge and tunnel retail delivery fee at rates reasonably calculated
169		-	to defray the costs of completing designated bridge projects,
170		-	PREVENTATIVE
171		-	MAINTENANCE BRIDGE PROJECTS
172		-	, and tunnel projects and distribute the
173		-	burden of defraying the costs in a manner based on the benefits received by
174		-	persons paying the fees and using designated bridges and tunnels and
175		-	receiving retail deliveries, receive and expend revenue generated by the
176		-	surcharge and fees and other money, issue revenue bonds and other
177		-	obligations, contract with the state, if required approvals are obtained, to
178		-	receive one or more loans of money received by the state under the terms
179		-	of one or more financed purchase of an asset or certificate of participation
180		-	agreements authorized by this part 8, expend revenue generated by the
181		-	surcharge to repay any such loan or loans received, and exercise other
182		-	powers necessary and appropriate to carry out its purposes; and
183		-	(2) (a) (I) The scope of the existing statewide bridge enterprise
184		-	created in this subsection (2)(a)(I) in 2009 is hereby expanded to include
185		-	both
186		-	designated bridge projects, PREVENTATIVE MAINTENANCE BRIDGE
187		-	PROJECTS
188		-	, and surface transportation infrastructure projects for tunnels, and
189		-	the name of the expanded enterprise is the statewide bridge and tunnel
190		-	enterprise. The bridge enterprise is and operates as a government-owned
191		-	business within the department. The commission shall serve as the bridge
192		-	enterprise board and shall, with the consent of the executive director,
193		-	appoint a bridge enterprise director who shall possess such qualifications
194		-	as may be established by the commission and the state personnel board. The
195		-	bridge enterprise director shall oversee the discharge of all responsibilities
196		-	of the bridge enterprise and shall serve at the pleasure of the bridge
197		-	enterprise board.
198		-	(b) The business purpose of the bridge enterprise is to finance,
199		-	repair, reconstruct, and replace any designated bridge in the state,
200		-	COMPLETE PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and complete
201		-	PAGE 5-HOUSE BILL 23-1276 tunnel projects and, as agreed upon by the enterprise and the commission,
202		-	or the department to the extent authorized by the commission, to maintain
203		-	the bridges it finances, repairs, reconstructs, and replaces. To allow the
204		-	bridge enterprise to accomplish this purpose and fully exercise its powers
205		-	and duties through the bridge enterprise board, the bridge enterprise may:
206		-	(II) Issue revenue bonds payable from the revenues and other
207		-	available moneys
208		-	MONEY of the bridge enterprise pledged for their payment
209		-	as authorized in section 43-4-807; and
210		-	(c) The bridge enterprise shall constitute CONSTITUTES an enterprise
211		-	for purposes of section 20 of article X of the state constitution so long as it
212		-	retains the authority to issue revenue bonds and receives less than ten
213		-	percent of its total revenues in grants from all Colorado state and local
214		-	governments combined. So long as it constitutes an enterprise pursuant to
215		-	this subsection (2)(c), the bridge enterprise shall not be subject to any
216		-	provisions of section 20 of article X of the state constitution. Consistent
217		-	with the determination of the Colorado supreme court in Nicholl v. E-470
218		-	Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to
219		-	impose taxes is inconsistent with "enterprise" status under section 20 of
220		-	article X of the state constitution, the general assembly finds and declares
221		-	that a bridge safety surcharge, a bridge and tunnel impact fee, or a bridge
222		-	and tunnel retail delivery fee imposed by the bridge enterprise as authorized
223		-	by subsection (5)(g), (5)(g.5), or (5)(g.7) of this section is not a tax but is
224		-	instead a fee imposed by the bridge enterprise to defray the cost of
225		-	completing designated bridge projects,
226		-	PREVENTATIVE MAINTENANCE
227		-	BRIDGE PROJECTS
228		-	, and tunnel projects that the enterprise provides as a
229		-	specific service to the persons upon whom the fee is imposed and at rates
230		-	reasonably calculated based on the benefits received by such persons.
231		-	(3) (a) The statewide bridge and tunnel enterprise special revenue
232		-	fund, referred to in this part 8 as the "bridge special fund", is hereby created
233		-	in the state treasury. All revenue received by the bridge enterprise,
234		-	including, but not limited to, revenue from a bridge safety surcharge
235		-	imposed as authorized by subsection (5)(g) of this section, revenue from a
236		-	bridge and tunnel impact fee imposed as authorized by subsection (5)(g.5)
237		-	of this section, revenue from a bridge and tunnel retail delivery fee imposed
238		-	as authorized by subsection (5)(g.7) of this section, and any money loaned
239		-	to the enterprise by the state pursuant to subsection (5)(r) of this section,
240		-	shall be deposited into the bridge special fund. The bridge enterprise board
241		-	PAGE 6-HOUSE BILL 23-1276 may establish separate accounts within the bridge special fund as needed in
242		-	connection with any specific designated bridge project,
243		-	PREVENTATIVE
244		-	MAINTENANCE BRIDGE PROJECT
245		-	, or tunnel project. The bridge enterprise also
246		-	may deposit or permit others to deposit other money into the bridge special
247		-	fund, but in no event may revenue from any tax otherwise available for
248		-	general purposes be deposited into the bridge special fund. The state
249		-	treasurer, after consulting with the bridge enterprise board, shall invest any
250		-	money in the bridge special fund, including any surplus or reserves, but
251		-	excluding any proceeds from the sale of bonds or earnings on such proceeds
252		-	invested pursuant to section 43-4-807 (2), that are not needed for immediate
253		-	use. Such money may be invested in the types of investments authorized in
254		-	sections 24-36-109, 24-36-112, and 24-36-113.
255		-	(b) All interest and income derived from the deposit and investment
256		-	of moneys in the bridge special fund shall be credited to the bridge special
257		-	fund and, if applicable, to the appropriate designated bridge project account,
258		-	Moneys
259		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECT ACCOUNT , OR
260		-	TUNNEL PROJECT ACCOUNT
261		-	. MONEY in the bridge special fund shall be
262		-	continuously appropriated to the bridge enterprise for the purposes set forth
263		-	in this part 8. All moneys
264		-	MONEY deposited in the bridge special fund shall
265		-	remain in the bridge special fund for the purposes set forth in this part 8,
266		-	and no part of the bridge special fund shall be used for any other purpose.
267		-	(c) The bridge enterprise may expend money in the bridge special
268		-	fund to pay bond or loan obligations, to fund the administration, planning,
269		-	financing, repair, reconstruction, replacement, or maintenance of designated
270		-	bridges and the completion of tunnel projects, and for the acquisition of
271		-	land to the extent required in connection with any designated bridge project.
272		-	The bridge enterprise may also expend money in the bridge special fund to
273		-	pay its operating costs and expenses. The bridge enterprise board shall have
274		-	HAS exclusive authority to budget and approve the expenditure of money in
275		-	the bridge special fund. T
276		-	HE BRIDGE ENTERPRISE MAY EXPEND MONEY IN
277		-	THE BRIDGE SPECIAL FUND TO PAY FOR
278		-	:
	188	+	COMPLETION OF PREVENTATIVE12
	189	+	MAINTENANCE BRIDGE PROJECTS , and COMPLETION OF tunnel projects as13
	190	+	promptly and efficiently as possible, it is necessary to create a statewide14
	191	+	bridge and tunnel enterprise and to authorize the enterprise to:15
	192	+	(I) Enter into agreements with the commission or the department16
	193	+	to finance, repair, reconstruct, and replace designated bridges,
	194	+	COMPLETE17
	195	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and complete tunnel18
	196	+	projects in the state; and19
	197	+	(II) Impose a bridge safety surcharge, a bridge and tunnel impact20
	198	+	fee, and a bridge and tunnel retail delivery fee at rates reasonably21
	199	+	calculated to defray the costs of completing designated bridge projects,22
	200	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel projects and23
	201	+	distribute the burden of defraying the costs in a manner based on the24
	202	+	benefits received by persons paying the fees and using designated bridges25
	203	+	and tunnels and receiving retail deliveries, receive and expend revenue26
	204	+	generated by the surcharge and fees and other money, issue revenue27
	205	+	1276
	206	+	-6- bonds and other obligations, contract with the state, if required approvals1
	207	+	are obtained, to receive one or more loans of money received by the state2
	208	+	under the terms of one or more financed purchase of an asset or certificate3
	209	+	of participation agreements authorized by this part 8, expend revenue4
	210	+	generated by the surcharge to repay any such loan or loans received, and5
	211	+	exercise other powers necessary and appropriate to carry out its purposes;6
	212	+	and7
	213	+	(2) (a) (I) The scope of the existing statewide bridge enterprise8
	214	+	created in this subsection (2)(a)(I) in 2009 is hereby expanded to include9
	215	+	both designated bridge projects, PREVENTATIVE MAINTENANCE BRIDGE10
	216	+	PROJECTS, and surface transportation infrastructure projects for tunnels,11
	217	+	and the name of the expanded enterprise is the statewide bridge and12
	218	+	tunnel enterprise. The bridge enterprise is and operates as a13
	219	+	government-owned business within the department. The commission shall14
	220	+	serve as the bridge enterprise board and shall, with the consent of the15
	221	+	executive director, appoint a bridge enterprise director who shall possess16
	222	+	such qualifications as may be established by the commission and the state17
	223	+	personnel board. The bridge enterprise director shall oversee the18
	224	+	discharge of all responsibilities of the bridge enterprise and shall serve at19
	225	+	the pleasure of the bridge enterprise board.20
	226	+	(b) The business purpose of the bridge enterprise is to finance,21
	227	+	repair, reconstruct, and replace any designated bridge in the state,22
	228	+	COMPLETE PREVENTATIVE MAINTE NANCE BRIDGE PROJECTS , and complete23
	229	+	tunnel projects and, as agreed upon by the enterprise and the commission,24
	230	+	or the department to the extent authorized by the commission, to maintain25
	231	+	the bridges it finances, repairs, reconstructs, and replaces. To allow the26
	232	+	bridge enterprise to accomplish this purpose and fully exercise its powers27
	233	+	1276
	234	+	-7- and duties through the bridge enterprise board, the bridge enterprise may:1
	235	+	(II) Issue revenue bonds payable from the revenues and other2
	236	+	available moneys MONEY of the bridge enterprise pledged for their3
	237	+	payment as authorized in section 43-4-807; and4
	238	+	(c) The bridge enterprise shall constitute CONSTITUTES an5
	239	+	enterprise for purposes of section 20 of article X of the state constitution6
	240	+	so long as it retains the authority to issue revenue bonds and receives less7
	241	+	than ten percent of its total revenues in grants from all Colorado state and8
	242	+	local governments combined. So long as it constitutes an enterprise9
	243	+	pursuant to this subsection (2)(c), the bridge enterprise shall not be10
	244	+	subject to any provisions of section 20 of article X of the state11
	245	+	constitution. Consistent with the determination of the Colorado supreme12
	246	+	court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo.13
	247	+	1995), that the power to impose taxes is inconsistent with "enterprise"14
	248	+	status under section 20 of article X of the state constitution, the general15
	249	+	assembly finds and declares that a bridge safety surcharge, a bridge and16
	250	+	tunnel impact fee, or a bridge and tunnel retail delivery fee imposed by17
	251	+	the bridge enterprise as authorized by subsection (5)(g), (5)(g.5), or18
	252	+	(5)(g.7) of this section is not a tax but is instead a fee imposed by the19
	253	+	bridge enterprise to defray the cost of completing designated bridge20
	254	+	projects,
	255	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel21
	256	+	projects that the enterprise provides as a specific service to the persons22
	257	+	upon whom the fee is imposed and at rates reasonably calculated based23
	258	+	on the benefits received by such persons.24
	259	+	(3) (a) The statewide bridge and tunnel enterprise special revenue25
	260	+	fund, referred to in this part 8 as the "bridge special fund", is hereby26
	261	+	created in the state treasury. All revenue received by the bridge enterprise,27
	262	+	1276
	263	+	-8- including, but not limited to, revenue from a bridge safety surcharge1
	264	+	imposed as authorized by subsection (5)(g) of this section, revenue from2
	265	+	a bridge and tunnel impact fee imposed as authorized by subsection3
	266	+	(5)(g.5) of this section, revenue from a bridge and tunnel retail delivery4
	267	+	fee imposed as authorized by subsection (5)(g.7) of this section, and any5
	268	+	money loaned to the enterprise by the state pursuant to subsection (5)(r)6
	269	+	of this section, shall be deposited into the bridge special fund. The bridge7
	270	+	enterprise board may establish separate accounts within the bridge special8
	271	+	fund as needed in connection with any specific designated bridge project,9
	272	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or tunnel project. The10
	273	+	bridge enterprise also may deposit or permit others to deposit other money11
	274	+	into the bridge special fund, but in no event may revenue from any tax12
	275	+	otherwise available for general purposes be deposited into the bridge13
	276	+	special fund. The state treasurer, after consulting with the bridge14
	277	+	enterprise board, shall invest any money in the bridge special fund,15
	278	+	including any surplus or reserves, but excluding any proceeds from the16
	279	+	sale of bonds or earnings on such proceeds invested pursuant to section17
	280	+	43-4-807 (2), that are not needed for immediate use. Such money may be18
	281	+	invested in the types of investments authorized in sections 24-36-109,19
	282	+	24-36-112, and 24-36-113.20
	283	+	(b) All interest and income derived from the deposit and21
	284	+	investment of moneys in the bridge special fund shall be credited to the22
	285	+	bridge special fund and, if applicable, to the appropriate designated23
	286	+	bridge project account, Moneys
	287	+	PREVENTATIVE MAINTENANCE BRIDGE24
	288	+	PROJECT ACCOUNT, OR TUNNEL PROJECT ACCOUNT. MONEY in the bridge25
	289	+	special fund shall be continuously appropriated to the bridge enterprise26
	290	+	for the purposes set forth in this part 8. All moneys MONEY deposited in27
	291	+	1276
	292	+	-9- the bridge special fund shall remain in the bridge special fund for the1
	293	+	purposes set forth in this part 8, and no part of the bridge special fund2
	294	+	shall be used for any other purpose.3
	295	+	(c) The bridge enterprise may expend money in the bridge special4
	296	+	fund to pay bond or loan obligations, to fund the administration, planning,5
	297	+	financing, repair, reconstruction, replacement, or maintenance of6
	298	+	designated bridges and the completion of tunnel projects, and for the7
	299	+	acquisition of land to the extent required in connection with any8
	300	+	designated bridge project. The bridge enterprise may also expend money9
	301	+	in the bridge special fund to pay its operating costs and expenses. The10
	302	+	bridge enterprise board shall have HAS exclusive authority to budget and11
	303	+	approve the expenditure of money in the bridge special fund. T
	304	+	HE BRIDGE12
	305	+	ENTERPRISE MAY EXPEND MONEY IN THE BRIDGE SPECIAL FUND TO PAY13
	306	+	FOR:14
279	307		(I) B
280		-	OND OR LOAN OBLIGATIONS;
	308	+	OND OR LOAN OBLIGATIONS;15
281	309		(II) T
282		-	HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,
283		-	RECONSTRUCTION, REPLACEMENT, OR MAINTENANCE OF A DESIGNATED
284		-	BRIDGE
285		-	;
286		-	PAGE 7-HOUSE BILL 23-1276 (III) THE COMPLETION OF PREVENTATIVE MAINTENANCE BRIDGE
287		-	PROJECTS
288		-	;
	310	+	HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,16
	311	+	RECONSTRUCTION, REPLACEMENT, OR MAINTENANCE OF A DESIGNATED17
	312	+	BRIDGE;18
	313	+	(III) T
	314	+	HE COMPLETION OF PREVENTATIVE MAINTENANCE BRIDGE19
	315	+	PROJECTS;20
289	316		(IV) T
290		-	HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,
291		-	REPLACEMENT, RECONSTRUCTION, OR MAINTENANCE OF A FAIR -RATED
292		-	BRIDGE IF THE REPAIR
293		-	, REPLACEMENT, OR RECONSTRUCTION IS INCLUDED AS
294		-	PART OF A DESIGNATED BRIDGE PROJECT OR OTHER PROJECT INVOLVING THE
295		-	REPAIR
296		-	, REPLACEMENT, OR RECONSTRUCTION OF A DESIGNATED BRIDGE . A
297		-	FAIR-RATED BRIDGE MAY BE INCLUDED IN A DESIGNATED BRIDGE PROJECT
298		-	OR OTHER PROJECT INVOLVING THE REPAIR
299		-	, REPLACEMENT, OR
300		-	RECONSTRUCTION OF A DESIGNATED BRIDGE IF INCLUDING THE FAIR
301		-	-RATED
302		-	BRIDGE IS AN EFFICIENT USE OF THE BRIDGE ENTERPRISE
303		-	'S RESOURCES AND
304		-	WILL RESULT IN COST SAVINGS OR SCHEDULE ACCELERATION FOR A PROJECT
305		-	THAT WILL IMPROVE SAFETY
306		-	.
	317	+	HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,21
	318	+	REPLACEMENT, RECONSTRUCTION, OR MAINTENANCE OF A FAIR-RATED22
	319	+	BRIDGE IF THE REPAIR, REPLACEMENT, OR RECONSTRUCTION IS INCLUDED23
	320	+	AS PART OF A DESIGNATED BRIDGE PROJECT OR OTHER PROJECT INVOLVING24
	321	+	THE REPAIR, REPLACEMENT, OR RECONSTRUCTION OF A DESIGNATED25
	322	+	BRIDGE. A FAIR-RATED BRIDGE MAY BE INCLUDED IN A DESIGNATED26
	323	+	BRIDGE PROJECT OR OTHER PROJECT INVOLVING THE REPAIR ,27
	324	+	1276
	325	+	-10- REPLACEMENT, OR RECONSTRUCTION OF A DESIGNATED BRIDGE IF1
	326	+	INCLUDING THE FAIR-RATED BRIDGE IS AN EFFICIENT USE OF THE BRIDGE2
	327	+	ENTERPRISE'S RESOURCES AND WILL RESULT IN COST SAVINGS OR3
	328	+	SCHEDULE ACCELERATION FOR A PROJECT THAT WILL IMPROVE SAFETY .4
307	329		(V) T
308		-	HE COMPLETION OF TUNNEL PROJECTS ;
	330	+	HE COMPLETION OF TUNNEL PROJECTS ;5
309	331		(VI) T
310		-	HE ACQUISITION OF LAND TO THE EXTENT REQUIRED IN
311		-	CONNECTION WITH ANY DESIGNATED BRIDGE PROJECT
312		-	; AND
313		-	(VII) THE OPERATING COSTS AND EXPENSES OF THE BRIDGE
314		-	ENTERPRISE
315		-	.
316		-	(5) In addition to any other powers and duties specified in this
317		-	section, the bridge enterprise board has the following powers and duties:
318		-	(c) To issue revenue bonds, payable solely from the bridge special
319		-	fund, for the purpose of paying the cost of financing, repairing,
	332	+	HE ACQUISITION OF LAND TO THE EXTENT REQUIRED IN6
	333	+	CONNECTION WITH ANY DESIGNATED BRIDGE PROJECT ; AND7
	334	+	(VII) T
	335	+	HE OPERATING COSTS AND EXPENSES OF THE BRIDGE8
	336	+	ENTERPRISE.9
	337	+	(5) In addition to any other powers and duties specified in this10
	338	+	section, the bridge enterprise board has the following powers and duties:11
	339	+	(c) To issue revenue bonds, payable solely from the bridge special12
	340	+	fund, for the purpose of paying the cost of financing, repairing,13
320	341		reconstructing, replacing, and maintaining designated bridges
321		-	OR
322		-	FAIR
323		-	-RATED BRIDGES IF THE FAIR-RATED BRIDGES ARE INCLUDED AS PART OF
324		-	DESIGNATED BRIDGE PROJECTS OR OTHER PROJECTS PURSUANT TO
325		-	SUBSECTION
326		-	(3)(c)(IV) OF THIS SECTION, COMPLETING PREVENTATIVE
327		-	MAINTENANCE BRIDGE PROJECTS
328		-	, and completing tunnel projects;
	342	+	OR14
	343	+	FAIR-RATED BRIDGES IF THE FAIR-RATED BRIDGES ARE INCLUDED AS PART15
	344	+	OF DESIGNATED BRIDGE PROJECTS OR OTHER PROJECTS PURS UANT TO16
	345	+	SUBSECTION (3)(c)(IV) OF THIS SECTION, COMPLETING PREVENTATIVE17
	346	+	MAINTENANCE BRIDGE PROJECTS , and completing tunnel projects;18
329	347		(f) To enter into agreements
330		-	AN AGREEMENT with the commission,
331		-	or the department to the extent authorized by the commission, under which
332		-	the bridge enterprise agrees to finance, repair, reconstruct, replace, and, if
333		-	any given agreement so specifies, maintain designated bridges as specified
334		-	in the agreements A DESIGNATED BRIDGE OR A FAIR-RATED BRIDGE IF THE
335		-	FAIR
336		-	-RATED BRIDGE IS INCLUDED AS PART OF A DESIGNATED BRIDGE PROJECT
337		-	PAGE 8-HOUSE BILL 23-1276 OR OTHER PROJECT PURSUANT TO SUBSECTION (3)(c)(IV) OF THIS SECTION;
338		-	(h) To make and enter into contracts or agreements with a private
339		-	entity, to facilitate a public-private initiative pursuant to sections 43-1-1203
340		-	and 43-1-1204, including, but not limited to:
341		-	(I) An agreement pursuant to which the bridge enterprise or the
342		-	enterprise on behalf of the department operates, maintains, or provides
343		-	services or property in connection with a designated bridge project, and
344		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL PROJECT;
345		-	(II) An agreement pursuant to which a private entity designs,
346		-	develops, constructs, reconstructs, repairs, operates, or maintains all or any
347		-	portion of a designated bridge project on behalf of the bridge enterprise;
348		-	AND
349		-	(III) AN AGREEMENT PURSUANT TO WHICH A PRIVATE ENTITY
350		-	PARTICIPATES IN OR COMPLETES A PREVENTATIVE MAINTENANCE BRIDGE
351		-	PROJECT OR TUNNEL PROJECT
352		-	.
353		-	(k) To prepare, or cause to be prepared, detailed plans,
354		-	specifications, or estimates for any designated bridge project,
355		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or tunnel project within the
356		-	state;
357		-	(l) In connection with any designated bridge project, to acquire,
358		-	finance, repair, reconstruct, replace, operate, and maintain any designated
	348	+	AN AGREEMENT with the commission,19
	349	+	or the department to the extent authorized by the commission, under20
	350	+	which the bridge enterprise agrees to finance, repair, reconstruct, replace,21
	351	+	and, if any given agreement so specifies, maintain designated bridges as22
	352	+	specified in the agreements A DESIGNATED BRIDGE OR A FAIR -RATED23
	353	+	BRIDGE IF THE FAIR-RATED BRIDGE IS INCLUDED AS PART OF A DESIGNATED24
	354	+	BRIDGE PROJECT OR OTHER PROJECT PURSUANT TO SUBSECTION (3)(c)(IV)25
	355	+	OF THIS SECTION;26
	356	+	(h) To make and enter into contracts or agreements with a private27
	357	+	1276
	358	+	-11- entity, to facilitate a public-private initiative pursuant to sections1
	359	+	43-1-1203 and 43-1-1204, including, but not limited to:2
	360	+	(I) An agreement pursuant to which the bridge enterprise or the3
	361	+	enterprise on behalf of the department operates, maintains, or provides4
	362	+	services or property in connection with a designated bridge project, and5
	363	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL PROJECT;6
	364	+	(II) An agreement pursuant to which a private entity designs,7
	365	+	develops, constructs, reconstructs, repairs, operates, or maintains all or8
	366	+	any portion of a designated bridge project on behalf of the bridge9
	367	+	enterprise;
	368	+	AND10
	369	+	(III) A
	370	+	N AGREEMENT PURSUANT TO WHICH A PRIVATE ENTITY11
	371	+	PARTICIPATES IN OR COMPLETES A PREVENTATIVE MAINTENANCE BRIDGE12
	372	+	PROJECT OR TUNNEL PROJECT.13
	373	+	(k) To prepare, or cause to be prepared, detailed plans,14
	374	+	specifications, or estimates for any designated bridge project,15
	375	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or tunnel project within16
	376	+	the state;17
	377	+	(l) In connection with any designated bridge project, to acquire,18
	378	+	finance, repair, reconstruct, replace, operate, and maintain any designated19
359	379		bridge within the state
360		-	OR ANY FAIR-RATED BRIDGE IF THE FAIR-RATED
361		-	BRIDGE IS INCLUDED AS PART OF A DESIGNATED BRIDGE PROJECT PURSUANT
362		-	TO SUBSECTION
363		-	(3)(c)(IV) OF THIS SECTION;
	380	+	OR ANY FAIR-RATED BRIDGE IF THE FAIR-RATED20
	381	+	BRIDGE IS INCLUDED AS PART OF A DESIGNATED BRIDGE PROJECT21
	382	+	PURSUANT TO SUBSECTION (3)(c)(IV) OF THIS SECTION;22
364	383		(p) Pursuant to section 24-1-107.5, C.R.S.,
365		-	to establish, create, and
366		-	approve nonprofit entities and bonds issued by or on behalf of such
367		-	nonprofit entities for the purpose of completing a designated bridge project,
368		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL PROJECT, to
369		-	accept the assets of any such nonprofit entity, to obtain an option to acquire
370		-	the assets of any such nonprofit entity by paying its bonds, to appoint or
371		-	approve the appointment of members of the governing board of any such
372		-	nonprofit entity, and to remove the members of the governing board of any
373		-	such nonprofit entity for cause;
374		-	PAGE 9-HOUSE BILL 23-1276 (q) To transfer money, property, or other assets of the bridge
375		-	enterprise to the department to the extent necessary to implement the
	384	+	to establish, create, and23
	385	+	approve nonprofit entities and bonds issued by or on behalf of such24
	386	+	nonprofit entities for the purpose of completing a designated bridge25
	387	+	project,
	388	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL26
	389	+	PROJECT, to accept the assets of any such nonprofit entity, to obtain an27
	390	+	1276
	391	+	-12- option to acquire the assets of any such nonprofit entity by paying its1
	392	+	bonds, to appoint or approve the appointment of members of the2
	393	+	governing board of any such nonprofit entity, and to remove the members3
	394	+	of the governing board of any such nonprofit entity for cause;4
	395	+	(q) To transfer money, property, or other assets of the bridge5
	396	+	enterprise to the department to the extent necessary to implement the6
376	397		financing of any designated bridge project,
377		-	PREVENTATIVE MAINTENANCE
378		-	BRIDGE PROJECT
379		-	, OR TUNNEL PROJECT, or for any other purpose authorized
380		-	in this part 8;
381		-	(r) (I) To contract with the state to borrow money under the terms
382		-	of one or more loan contracts entered into by the state and the bridge
383		-	enterprise pursuant to subsection (5)(r)(III) of this section, to expend any
384		-	money borrowed from the state for the purpose of completing designated
	398	+	PREVENTATIVE MAINTENANCE7
	399	+	BRIDGE PROJECT, OR TUNNEL PROJECT, or for any other purpose authorized8
	400	+	in this part 8;9
	401	+	(r) (I) To contract with the state to borrow money under the terms10
	402	+	of one or more loan contracts entered into by the state and the bridge11
	403	+	enterprise pursuant to subsection (5)(r)(III) of this section, to expend any12
	404	+	money borrowed from the state for the purpose of completing designated13
385	405		bridge projects,
386		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel
387		-	projects and for any other authorized purpose that constitutes the
388		-	construction, supervision, and maintenance of the public highways of this
389		-	state for purposes of section 18 of article X of the state constitution, and to
390		-	use revenue generated by any bridge safety surcharge, bridge and tunnel
391		-	impact fee, or bridge and tunnel retail delivery fee imposed pursuant to
392		-	subsection (5)(g), (5)(g.5), or (5)(g.7) of this section and any other legally
393		-	available money of the bridge enterprise to repay the money borrowed and
394		-	any other amounts payable under the terms of the loan contract.
395		-	(II) If the bridge enterprise board seeks to enter into a contract to
396		-	borrow money from the state as authorized by subsection (5)(r)(I) of this
397		-	section, the board shall provide the governor with a list of designated bridge
398		-	projects,
399		-	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , OR TUNNEL
400		-	PROJECTS
401		-	to be financed with the borrowed money and a statement of both
402		-	the total amount of the loan requested and the estimated amount of the loan
403		-	that will be used to fund each project on the list. If the governor determines,
404		-	in the governor's sole discretion, that lending money to the bridge enterprise
405		-	as requested by the enterprise, or lending a lesser amount of money to the
406		-	enterprise, is in the best interest of the state, the governor, after consultation
407		-	with the executive director of the department of personnel and the state
408		-	treasurer, shall prepare and provide to the state treasurer a list of state
409		-	buildings or other state capital facilities that the state, acting by and through
410		-	the state treasurer, may sell or lease and lease back pursuant to the terms of
411		-	one or more financed purchase of an asset or certificate of participation
412		-	agreements that the state, acting by and through the state treasurer, may
413		-	enter into pursuant to subsection (5)(r)(III) of this section. When providing
414		-	the list, the governor shall also specify to the state treasurer the maximum
415		-	permitted principal amount of any loan that may be made to the bridge
416		-	enterprise under the terms of any loan contract that the state, acting by and
417		-	PAGE 10-HOUSE BILL 23-1276 through the state treasurer, may enter into pursuant to subsection
418		-	(5)(r)(III)(A) of this section.
419		-	SECTION 4. Act subject to petition - effective date. This act
420		-	takes effect at 12:01 a.m. on the day following the expiration of the
421		-	ninety-day period after final adjournment of the general assembly; except
422		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
423		-	of the state constitution against this act or an item, section, or part of this act
424		-	within such period, then the act, item, section, or part will not take effect
425		-	unless approved by the people at the general election to be held in
426		-	PAGE 11-HOUSE BILL 23-1276 November 2024 and, in such case, will take effect on the date of the official
427		-	declaration of the vote thereon by the governor.
428		-	____________________________ ____________________________
429		-	Julie McCluskie Steve Fenberg
430		-	SPEAKER OF THE HOUSE PRESIDENT OF
431		-	OF REPRESENTATIVES THE SENATE
432		-	____________________________ ____________________________
433		-	Robin Jones Cindi L. Markwell
434		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
435		-	OF REPRESENTATIVES THE SENATE
436		-	APPROVED________________________________________
437		-	(Date and Time)
438		-	_________________________________________
439		-	Jared S. Polis
440		-	GOVERNOR OF THE STATE OF COLORADO
441		-	PAGE 12-HOUSE BILL 23-1276
	406	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and14
	407	+	tunnel projects and for any other authorized purpose that constitutes the15
	408	+	construction, supervision, and maintenance of the public highways of this16
	409	+	state for purposes of section 18 of article X of the state constitution, and17
	410	+	to use revenue generated by any bridge safety surcharge, bridge and18
	411	+	tunnel impact fee, or bridge and tunnel retail delivery fee imposed19
	412	+	pursuant to subsection (5)(g), (5)(g.5), or (5)(g.7) of this section and any20
	413	+	other legally available money of the bridge enterprise to repay the money21
	414	+	borrowed and any other amounts payable under the terms of the loan22
	415	+	contract.23
	416	+	(II) If the bridge enterprise board seeks to enter into a contract to24
	417	+	borrow money from the state as authorized by subsection (5)(r)(I) of this25
	418	+	section, the board shall provide the governor with a list of designated26
	419	+	bridge projects,
	420	+	PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , OR27
	421	+	1276
	422	+	-13- TUNNEL PROJECTS to be financed with the borrowed money and a1
	423	+	statement of both the total amount of the loan requested and the estimated2
	424	+	amount of the loan that will be used to fund each project on the list. If the3
	425	+	governor determines, in the governor's sole discretion, that lending money4
	426	+	to the bridge enterprise as requested by the enterprise, or lending a lesser5
	427	+	amount of money to the enterprise, is in the best interest of the state, the6
	428	+	governor, after consultation with the executive director of the department7
	429	+	of personnel and the state treasurer, shall prepare and provide to the state8
	430	+	treasurer a list of state buildings or other state capital facilities that the9
	431	+	state, acting by and through the state treasurer, may sell or lease and lease10
	432	+	back pursuant to the terms of one or more financed purchase of an asset11
	433	+	or certificate of participation agreements that the state, acting by and12
	434	+	through the state treasurer, may enter into pursuant to subsection13
	435	+	(5)(r)(III) of this section. When providing the list, the governor shall also14
	436	+	specify to the state treasurer the maximum permitted principal amount of15
	437	+	any loan that may be made to the bridge enterprise under the terms of any16
	438	+	loan contract that the state, acting by and through the state treasurer, may17
	439	+	enter into pursuant to subsection (5)(r)(III)(A) of this section.18
	440	+	SECTION 4. Act subject to petition - effective date. This act19
	441	+	takes effect at 12:01 a.m. on the day following the expiration of the20
	442	+	ninety-day period after final adjournment of the general assembly; except21
	443	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V22
	444	+	of the state constitution against this act or an item, section, or part of this23
	445	+	act within such period, then the act, item, section, or part will not take24
	446	+	effect unless approved by the people at the general election to be held in25
	447	+	November 2024 and, in such case, will take effect on the date of the26
	448	+	official declaration of the vote thereon by the governor.27
	449	+	1276
	450	+	-14-