HOUSE BILL 23-1276
BY REPRESENTATIVE(S) Lindstedt and Vigil, Bird, Boesenecker,
Dickson, Epps, Frizell, Froelich, Hamrick, Jodeh, Kipp, Lindsay, Lynch,
Ricks, Story, Taggart, Valdez, Weinberg, Willford, McCluskie;
also SENATOR(S) Zenzinger and Pelton B., Bridges, Buckner, Cutter,
Exum, Ginal, Hansen, Hinrichsen, Kolker, Pelton R., Priola, Winter F.
C
ONCERNING THE BRIDGE AND TUNNEL ENTERPRISE , AND, IN CONNECTION
THEREWITH
, EXPANDING THE SCOPE OF THE ENTERPRISE'S POWERS TO
INCLUDE THE COMPLETION OF PREVENTATIVE MAINTENANCE BRIDGE
PROJECTS AND ALLOWING THE ENTERPRISE TO REPAIR
, RECONSTRUCT,
REPLACE, AND MAINTAIN A FAIR-RATED BRIDGE UNDER CERTAIN
CIRCUMSTANCES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 43-4-802, amend
(2)(c), (2)(d), (2)(f), and (3)(a) introductory portion as follows:
43-4-802. Legislative declaration. (2) The general assembly
further finds and declares that:
(c) Increasing funding for designated bridge projects,
PREVENTATIVE
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. MAINTENANCE BRIDGE PROJECTS , tunnel projects, and road safety projects
in the short- and medium-term through the imposition of bridge and road
safety surcharges, a bridge and tunnel impact fee, and other new fees at
rates reasonably calculated based on the benefits received by the persons
paying the fees will not only provide funding to complete the projects but
will also accelerate the state's economic recovery by increasing bridge,
tunnel, and road construction, repair, reconstruction, and maintenance
activity, as well as related economic activity, and by employing significant
numbers of Coloradans;
(d) The creation of a statewide bridge and tunnel enterprise
authorized to complete designated bridge projects,
PREVENTATIVE
MAINTENANCE BRIDGE PROJECTS
, and tunnel projects, to impose a bridge
safety surcharge and a bridge and tunnel impact fee and issue revenue
bonds, and, if required approvals are obtained, to contract with the state to
receive one or more loans of money received by the state under the terms
of one or more financed purchase of an asset or certificate of participation
agreements authorized by this part 8 and to use the revenues generated by
the bridge safety surcharge and the bridge and tunnel impact fee to repay
any such loan or loans, will improve the safety and efficiency of the state
transportation system by allowing the state to accelerate the repair,
reconstruction, and replacement of structurally deficient, functionally
obsolete, and rated as poor bridges,
TO PERFORM PREVENTATIVE
MAINTENANCE ON BRIDGES RATED AS FAIR AND GOOD
, and TO repair,
maintain, and more safely operate tunnels;
(f) Granting the bridge enterprise and the transportation enterprise
both responsibility for the completion, respectively, of designated bridge
projects,
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel
projects and other important surface transportation projects and the
flexibility to execute their respective missions in a variety of innovative
ways will ensure that available resources for such projects are efficiently
and effectively leveraged so that both the projects and the state's economic
recovery can be completed as quickly as possible.
(3) The general assembly further finds and declares that:
(a) While it is necessary, appropriate, and in the best interests of the
state to fund designated bridge projects,
PREVENTATIVE MAINTENANCE
BRIDGE PROJECTS
, tunnel projects, and highway safety projects and
PAGE 2-HOUSE BILL 23-1276 stimulate economic recovery in the short- and medium-term, the state must
also develop a long-term strategy to provide sustainable long-term revenue
streams dedicated for the construction of important surface transportation
infrastructure projects and the continuing maintenance, repair, and
reconstruction of the statewide surface transportation system that will:
SECTION 2. In Colorado Revised Statutes, 43-4-803, amend (11),
(13)(b)(IV), and (13)(b)(V); and add (12.5), (12.7), and (17.5) as follows:
43-4-803. Definitions. As used in this part 8, unless the context
otherwise requires:
(11) "Designated bridge project" means a project that involves the
repair, reconstruction, replacement, or ongoing operation or maintenance,
or any combination thereof, of a designated bridge by the bridge enterprise
pursuant to an agreement between the enterprise and the commission or
department authorized by section 43-4-805 (5)(f). A
FAIR-RATED BRIDGE
MAY BE INCLUDED IN A DESIGNATED BRIDGE PROJECT OR OTHER PROJECT
INVOLVING THE REPAIR
, REPLACEMENT, OR RECONSTRUCTION OF A
DESIGNATED BRIDGE IF INCLUDING THE FAIR
-RATED BRIDGE IS AN EFFICIENT
USE OF THE BRIDGE ENTERPRISE
'S RESOURCES AND WILL RESULT IN COST
SAVINGS OR SCHEDULE ACCELERATION FOR A PROJECT THAT WILL IMPROVE
SAFETY
.
(12.5) "F
AIR-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING ANY
ROADWAYS
, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,
ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE BRIDGE ,
THAT:
(a) I
S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN
SECTION
43-2-101; AND
(b) THE DEPARTMENT HAS RATED AS FAIR .
(12.7) "G
OOD-RATED BRIDGE" MEANS EVERY BRIDGE, INCLUDING
ANY ROADWAYS
, SIDEWALKS, OR OTHER INFRASTRUCTURE CONNECTED TO ,
ADJACENT TO, OR REQUIRED FOR THE OPTIMAL FUNCTIONING OF THE BRIDGE ,
THAT:
(a) I
S PART OF THE STATE HIGHWAY SYSTEM , AS DESCRIBED IN
PAGE 3-HOUSE BILL 23-1276 SECTION 43-2-101; AND
(b) THE DEPARTMENT HAS RATED AS GOOD .
(13) (b) "Grant" does not include any of the following or any interest
or income derived from the deposit and investment of the following:
(IV) Any moneys MONEY paid or advanced to the bridge enterprise
or the transportation enterprise by the state, a local government or group of
local governments, an authority, or any other government-owned business
or governmental entity in exchange for an agreement by either enterprise to
complete a designated bridge project,
A PREVENTATIVE MAINTENANCE
BRIDGE PROJECT
, or a surface transportation infrastructure project; or
(V) Any moneys
MONEY loaned by the commission to the bridge
enterprise pursuant to section 43-4-805 (4) or (5)(r) or the transportation
enterprise pursuant to section 43-4-806 (4).
(17.5) "P
REVENTATIVE MAINTENANCE BRIDGE PROJECT " MEANS A
PROJECT THAT INVOLVES A TREATMENT OR STRATEGY TO EXTEND THE
SERVICE LIFE OF A FAIR
-RATED OR GOOD-RATED BRIDGE BY PREVENTING ,
DELAYING, OR REDUCING THE DETERIORATION OF A BRIDGE .
SECTION 3. In Colorado Revised Statutes, 43-4-805, amend
(1)(a), (1)(b), (2)(a)(I), (2)(b) introductory portion, (2)(b)(II), (2)(c), (3),
(5)(c), (5)(f), (5)(h), (5)(k), (5)(l), (5)(p), (5)(q), (5)(r)(I), and (5)(r)(II) as
follows:
43-4-805. Statewide bridge enterprise - creation - board - funds
- powers and duties - legislative declaration - definitions. (1) The
general assembly hereby finds and declares that:
(a) The completion of designated bridge projects,
PREVENTATIVE
MAINTENANCE BRIDGE PROJECTS
, and tunnel projects is essential to address
increasing traffic congestion and delays, hazards, injuries, and fatalities;
(b) Due to the limited availability of state and federal funding and
the need to accomplish the financing, repair, reconstruction, and
replacement of designated bridges,
COMPLETION OF PREVENTATIVE
MAINTENANCE BRIDGE PROJECTS
, and COMPLETION OF tunnel projects as
PAGE 4-HOUSE BILL 23-1276 promptly and efficiently as possible, it is necessary to create a statewide
bridge and tunnel enterprise and to authorize the enterprise to:
(I) Enter into agreements with the commission or the department to
finance, repair, reconstruct, and replace designated bridges,
COMPLETE
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS
, and complete tunnel
projects in the state; and
(II) Impose a bridge safety surcharge, a bridge and tunnel impact
fee, and a bridge and tunnel retail delivery fee at rates reasonably calculated
to defray the costs of completing designated bridge projects,
PREVENTATIVE
MAINTENANCE BRIDGE PROJECTS
, and tunnel projects and distribute the
burden of defraying the costs in a manner based on the benefits received by
persons paying the fees and using designated bridges and tunnels and
receiving retail deliveries, receive and expend revenue generated by the
surcharge and fees and other money, issue revenue bonds and other
obligations, contract with the state, if required approvals are obtained, to
receive one or more loans of money received by the state under the terms
of one or more financed purchase of an asset or certificate of participation
agreements authorized by this part 8, expend revenue generated by the
surcharge to repay any such loan or loans received, and exercise other
powers necessary and appropriate to carry out its purposes; and
(2) (a) (I) The scope of the existing statewide bridge enterprise
created in this subsection (2)(a)(I) in 2009 is hereby expanded to include
both
designated bridge projects, PREVENTATIVE MAINTENANCE BRIDGE
PROJECTS
, and surface transportation infrastructure projects for tunnels, and
the name of the expanded enterprise is the statewide bridge and tunnel
enterprise. The bridge enterprise is and operates as a government-owned
business within the department. The commission shall serve as the bridge
enterprise board and shall, with the consent of the executive director,
appoint a bridge enterprise director who shall possess such qualifications
as may be established by the commission and the state personnel board. The
bridge enterprise director shall oversee the discharge of all responsibilities
of the bridge enterprise and shall serve at the pleasure of the bridge
enterprise board.
(b) The business purpose of the bridge enterprise is to finance,
repair, reconstruct, and replace any designated bridge in the state,
COMPLETE PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and complete
PAGE 5-HOUSE BILL 23-1276 tunnel projects and, as agreed upon by the enterprise and the commission,
or the department to the extent authorized by the commission, to maintain
the bridges it finances, repairs, reconstructs, and replaces. To allow the
bridge enterprise to accomplish this purpose and fully exercise its powers
and duties through the bridge enterprise board, the bridge enterprise may:
(II) Issue revenue bonds payable from the revenues and other
available moneys
MONEY of the bridge enterprise pledged for their payment
as authorized in section 43-4-807; and
(c) The bridge enterprise shall constitute CONSTITUTES an enterprise
for purposes of section 20 of article X of the state constitution so long as it
retains the authority to issue revenue bonds and receives less than ten
percent of its total revenues in grants from all Colorado state and local
governments combined. So long as it constitutes an enterprise pursuant to
this subsection (2)(c), the bridge enterprise shall not be subject to any
provisions of section 20 of article X of the state constitution. Consistent
with the determination of the Colorado supreme court in Nicholl v. E-470
Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to
impose taxes is inconsistent with "enterprise" status under section 20 of
article X of the state constitution, the general assembly finds and declares
that a bridge safety surcharge, a bridge and tunnel impact fee, or a bridge
and tunnel retail delivery fee imposed by the bridge enterprise as authorized
by subsection (5)(g), (5)(g.5), or (5)(g.7) of this section is not a tax but is
instead a fee imposed by the bridge enterprise to defray the cost of
completing designated bridge projects,
PREVENTATIVE MAINTENANCE
BRIDGE PROJECTS
, and tunnel projects that the enterprise provides as a
specific service to the persons upon whom the fee is imposed and at rates
reasonably calculated based on the benefits received by such persons.
(3) (a) The statewide bridge and tunnel enterprise special revenue
fund, referred to in this part 8 as the "bridge special fund", is hereby created
in the state treasury. All revenue received by the bridge enterprise,
including, but not limited to, revenue from a bridge safety surcharge
imposed as authorized by subsection (5)(g) of this section, revenue from a
bridge and tunnel impact fee imposed as authorized by subsection (5)(g.5)
of this section, revenue from a bridge and tunnel retail delivery fee imposed
as authorized by subsection (5)(g.7) of this section, and any money loaned
to the enterprise by the state pursuant to subsection (5)(r) of this section,
shall be deposited into the bridge special fund. The bridge enterprise board
PAGE 6-HOUSE BILL 23-1276 may establish separate accounts within the bridge special fund as needed in
connection with any specific designated bridge project,
PREVENTATIVE
MAINTENANCE BRIDGE PROJECT
, or tunnel project. The bridge enterprise also
may deposit or permit others to deposit other money into the bridge special
fund, but in no event may revenue from any tax otherwise available for
general purposes be deposited into the bridge special fund. The state
treasurer, after consulting with the bridge enterprise board, shall invest any
money in the bridge special fund, including any surplus or reserves, but
excluding any proceeds from the sale of bonds or earnings on such proceeds
invested pursuant to section 43-4-807 (2), that are not needed for immediate
use. Such money may be invested in the types of investments authorized in
sections 24-36-109, 24-36-112, and 24-36-113.
(b) All interest and income derived from the deposit and investment
of moneys in the bridge special fund shall be credited to the bridge special
fund and, if applicable, to the appropriate designated bridge project account,
Moneys
PREVENTATIVE MAINTENANCE BRIDGE PROJECT ACCOUNT , OR
TUNNEL PROJECT ACCOUNT
. MONEY in the bridge special fund shall be
continuously appropriated to the bridge enterprise for the purposes set forth
in this part 8. All moneys
MONEY deposited in the bridge special fund shall
remain in the bridge special fund for the purposes set forth in this part 8,
and no part of the bridge special fund shall be used for any other purpose.
(c) The bridge enterprise may expend money in the bridge special
fund to pay bond or loan obligations, to fund the administration, planning,
financing, repair, reconstruction, replacement, or maintenance of designated
bridges and the completion of tunnel projects, and for the acquisition of
land to the extent required in connection with any designated bridge project.
The bridge enterprise may also expend money in the bridge special fund to
pay its operating costs and expenses. The bridge enterprise board shall have
HAS exclusive authority to budget and approve the expenditure of money in
the bridge special fund. T
HE BRIDGE ENTERPRISE MAY EXPEND MONEY IN
THE BRIDGE SPECIAL FUND TO PAY FOR
:
(I) B
OND OR LOAN OBLIGATIONS;
(II) T
HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,
RECONSTRUCTION, REPLACEMENT, OR MAINTENANCE OF A DESIGNATED
BRIDGE
;
PAGE 7-HOUSE BILL 23-1276 (III) THE COMPLETION OF PREVENTATIVE MAINTENANCE BRIDGE
PROJECTS
;
(IV) T
HE ADMINISTRATION, PLANNING, FINANCING, REPAIR,
REPLACEMENT, RECONSTRUCTION, OR MAINTENANCE OF A FAIR -RATED
BRIDGE IF THE REPAIR
, REPLACEMENT, OR RECONSTRUCTION IS INCLUDED AS
PART OF A DESIGNATED BRIDGE PROJECT OR OTHER PROJECT INVOLVING THE
REPAIR
, REPLACEMENT, OR RECONSTRUCTION OF A DESIGNATED BRIDGE . A
FAIR-RATED BRIDGE MAY BE INCLUDED IN A DESIGNATED BRIDGE PROJECT
OR OTHER PROJECT INVOLVING THE REPAIR
, REPLACEMENT, OR
RECONSTRUCTION OF A DESIGNATED BRIDGE IF INCLUDING THE FAIR
-RATED
BRIDGE IS AN EFFICIENT USE OF THE BRIDGE ENTERPRISE
'S RESOURCES AND
WILL RESULT IN COST SAVINGS OR SCHEDULE ACCELERATION FOR A PROJECT
THAT WILL IMPROVE SAFETY
.
(V) T
HE COMPLETION OF TUNNEL PROJECTS ;
(VI) T
HE ACQUISITION OF LAND TO THE EXTENT REQUIRED IN
CONNECTION WITH ANY DESIGNATED BRIDGE PROJECT
; AND
(VII) THE OPERATING COSTS AND EXPENSES OF THE BRIDGE
ENTERPRISE
.
(5) In addition to any other powers and duties specified in this
section, the bridge enterprise board has the following powers and duties:
(c) To issue revenue bonds, payable solely from the bridge special
fund, for the purpose of paying the cost of financing, repairing,
reconstructing, replacing, and maintaining designated bridges
OR
FAIR
-RATED BRIDGES IF THE FAIR-RATED BRIDGES ARE INCLUDED AS PART OF
DESIGNATED BRIDGE PROJECTS OR OTHER PROJECTS PURSUANT TO
SUBSECTION
(3)(c)(IV) OF THIS SECTION, COMPLETING PREVENTATIVE
MAINTENANCE BRIDGE PROJECTS
, and completing tunnel projects;
(f) To enter into agreements
AN AGREEMENT with the commission,
or the department to the extent authorized by the commission, under which
the bridge enterprise agrees to finance, repair, reconstruct, replace, and, if
any given agreement so specifies, maintain designated bridges as specified
in the agreements A DESIGNATED BRIDGE OR A FAIR-RATED BRIDGE IF THE
FAIR
-RATED BRIDGE IS INCLUDED AS PART OF A DESIGNATED BRIDGE PROJECT
PAGE 8-HOUSE BILL 23-1276 OR OTHER PROJECT PURSUANT TO SUBSECTION (3)(c)(IV) OF THIS SECTION;
(h) To make and enter into contracts or agreements with a private
entity, to facilitate a public-private initiative pursuant to sections 43-1-1203
and 43-1-1204, including, but not limited to:
(I) An agreement pursuant to which the bridge enterprise or the
enterprise on behalf of the department operates, maintains, or provides
services or property in connection with a designated bridge project, and
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL PROJECT;
(II) An agreement pursuant to which a private entity designs,
develops, constructs, reconstructs, repairs, operates, or maintains all or any
portion of a designated bridge project on behalf of the bridge enterprise;
AND
(III) AN AGREEMENT PURSUANT TO WHICH A PRIVATE ENTITY
PARTICIPATES IN OR COMPLETES A PREVENTATIVE MAINTENANCE BRIDGE
PROJECT OR TUNNEL PROJECT
.
(k) To prepare, or cause to be prepared, detailed plans,
specifications, or estimates for any designated bridge project,
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , or tunnel project within the
state;
(l) In connection with any designated bridge project, to acquire,
finance, repair, reconstruct, replace, operate, and maintain any designated
bridge within the state
OR ANY FAIR-RATED BRIDGE IF THE FAIR-RATED
BRIDGE IS INCLUDED AS PART OF A DESIGNATED BRIDGE PROJECT PURSUANT
TO SUBSECTION
(3)(c)(IV) OF THIS SECTION;
(p) Pursuant to section 24-1-107.5, C.R.S.,
to establish, create, and
approve nonprofit entities and bonds issued by or on behalf of such
nonprofit entities for the purpose of completing a designated bridge project,
PREVENTATIVE MAINTENANCE BRIDGE PROJECT , OR TUNNEL PROJECT, to
accept the assets of any such nonprofit entity, to obtain an option to acquire
the assets of any such nonprofit entity by paying its bonds, to appoint or
approve the appointment of members of the governing board of any such
nonprofit entity, and to remove the members of the governing board of any
such nonprofit entity for cause;
PAGE 9-HOUSE BILL 23-1276 (q) To transfer money, property, or other assets of the bridge
enterprise to the department to the extent necessary to implement the
financing of any designated bridge project,
PREVENTATIVE MAINTENANCE
BRIDGE PROJECT
, OR TUNNEL PROJECT, or for any other purpose authorized
in this part 8;
(r) (I) To contract with the state to borrow money under the terms
of one or more loan contracts entered into by the state and the bridge
enterprise pursuant to subsection (5)(r)(III) of this section, to expend any
money borrowed from the state for the purpose of completing designated
bridge projects,
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , and tunnel
projects and for any other authorized purpose that constitutes the
construction, supervision, and maintenance of the public highways of this
state for purposes of section 18 of article X of the state constitution, and to
use revenue generated by any bridge safety surcharge, bridge and tunnel
impact fee, or bridge and tunnel retail delivery fee imposed pursuant to
subsection (5)(g), (5)(g.5), or (5)(g.7) of this section and any other legally
available money of the bridge enterprise to repay the money borrowed and
any other amounts payable under the terms of the loan contract.
(II) If the bridge enterprise board seeks to enter into a contract to
borrow money from the state as authorized by subsection (5)(r)(I) of this
section, the board shall provide the governor with a list of designated bridge
projects,
PREVENTATIVE MAINTENANCE BRIDGE PROJECTS , OR TUNNEL
PROJECTS
to be financed with the borrowed money and a statement of both
the total amount of the loan requested and the estimated amount of the loan
that will be used to fund each project on the list. If the governor determines,
in the governor's sole discretion, that lending money to the bridge enterprise
as requested by the enterprise, or lending a lesser amount of money to the
enterprise, is in the best interest of the state, the governor, after consultation
with the executive director of the department of personnel and the state
treasurer, shall prepare and provide to the state treasurer a list of state
buildings or other state capital facilities that the state, acting by and through
the state treasurer, may sell or lease and lease back pursuant to the terms of
one or more financed purchase of an asset or certificate of participation
agreements that the state, acting by and through the state treasurer, may
enter into pursuant to subsection (5)(r)(III) of this section. When providing
the list, the governor shall also specify to the state treasurer the maximum
permitted principal amount of any loan that may be made to the bridge
enterprise under the terms of any loan contract that the state, acting by and
PAGE 10-HOUSE BILL 23-1276 through the state treasurer, may enter into pursuant to subsection
(5)(r)(III)(A) of this section.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 11-HOUSE BILL 23-1276 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-HOUSE BILL 23-1276