Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0790.04 Jason Gelender x4330
SENATE BILL 24-184
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING SUPPORT FOR THE DEVELOPMENT OF SURFACE101
TRANSPORTATION INFRASTRUCTURE , AND, IN CONNECTION102
THEREWITH, PROVIDING FUNDING AND OPERATIONAL103
FLEXIBILITY NEEDED TO SUPPORT THE DEVELOPMENT OF104
TRANSIT AND RAIL INFRASTRUCTURE .105
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
.)
The bill clarifies the scope of the high-performance transportation
enterprise's (transportation enterprise) powers and duties to expand its
SENATE SPONSORSHIP
Fenberg and Marchman,
HOUSE SPONSORSHIP
McCluskie and Boesenecker,
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. capacity to execute its charge and more explicitly prioritize mitigation of
traffic congestion and traffic-related pollution through the completion of
multimodal surface transportation infrastructure projects as follows:
! Section 10:
! Authorizes the transportation enterprise to impose a
congestion impact fee, as a new user fee, in
maximum amounts of up to $3 per day on the
short-term rental of a motor vehicle that is powered
by an internal combustion engine and up to $2 per
day for a motor vehicle that is a battery electric or
plug-in hybrid electric vehicle that are subsequently
adjusted for inflation, and, in conjunction with
section 9, requires the fee to be collected and
administered in the same manner as an existing state
daily vehicle rental fee;
! Clarifies that providing diverse multimodal
transportation options, including rail projects, that
reduce traffic congestion and degradation of
existing surface transportation infrastructure is part
of the transportation enterprise's statutory charge;
! Clarifies that project-specific limitations on the
expenditure of the transportation enterprise's
project-specific user fee revenue, which do not
apply to congestion impact fee revenue, allow
multimodal improvements in the same travel shed
where the fees were paid;
! Requires the transportation enterprise to develop a
new multimodal strategic capital plan that aligns
with the 10-year transportation plan of the Colorado
department of transportation (CDOT) and statewide
greenhouse gas pollution reduction goals and
priorities, complies with specified environmental
standards adopted by the transportation commission,
and prioritizes benefits to user fee payers and the
reduction of adverse impacts on highways;
! Requires the transportation enterprise to complete
an initial assessment of opportunities available
through 2030 to leverage federal money made
available to the state and to thereafter assess such
opportunities on an ongoing basis;
! Clarifies the scope of an existing requirement of
approval from each directly affected metropolitan
planning organization and other transportation
planning regions for a proposed surface
transportation infrastructure project that adds
SB24-184
-2- substantial capacity or significantly alters traffic
patterns; and
! Requires the transportation enterprise to detail its
work to reduce traffic congestion and greenhouse
gas emissions and support the expansion of public
transit in its annual report to the legislative
committees with oversight over transportation; and
! Section 8 modifies an existing definition of "surface
transportation infrastructure" to more clearly include
multimodal transportation options. Section 8 also modifies
an existing definition of "user fee" to include the new
congestion impact fee and creates new definitions of
"surface transportation infrastructure project network"
(network) and "travel shed" to ensure, in conjunction with
section 11, that the transportation enterprise's user fee
revenue can be spent with more flexibility, from a
geographic standpoint, than is currently the case.
Section 3 authorizes the regional transportation district (RTD) to
extend construction and operations of its northwest rail fixed guideway
corridor beyond its boundaries, including an extension of the corridor to
Fort Collins as the first phase of front range passenger rail service in
order to gain the opportunity to access federal intercity rail service
money, if all capital and operating expenses outside the district are fully
accounted for and already reimbursed to the district by a public body.
Section 3 also requires the district, in cooperation with CDOT, the
transportation enterprise, and the front range passenger rail district (rail
district), to provide to the transportation legislation review committee and
the governor:
! A report containing an implementation plan, which must
include, among other things, identification and evaluation
of options for creating a separate legal entity or
intergovernmental agreement as a business model, for
construction and operations of the corridor to the legislative
committees that oversee transportation and may also
consider the creation of a Colorado rail authority to house
some or all passenger rail services under one entity; and
! A report, which must also include the cooperation of any
separate legal entity created, concerning a plan to begin
providing front range passenger rail service no later than
January 1, 2028.
Sections 4, 5, and 6 respectively provide specific, explicit
authorization to the RTD, the rail district, CDOT, and the transportation
enterprise in accordance with an implementation plan developed as
required by section 3 to enter into a standalone intergovernmental
agreement with or create a separate legal entity with each other, to
SB24-184
-3- implement the completion of construction and operation of the RTD's
northwest fixed guideway corridor, including an extension of the corridor
to Fort Collins as the first phase of front range passenger rail service.
Section 7 requires CDOT and the rail district to annually report to the
legislative committees that oversee transportation regarding the status of
the service development plan for front range passenger rail service
between Trinidad, Pueblo, and Fort Collins.
Sections 1 and 2 make legislative findings and declarations.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Efficient, safe, and sustainable modes of transportation play a4
vital role in the well-being of Colorado's residents and the prosperity of5
its communities, and continued investment in transit and rail6
infrastructure will foster economic development, reduce traffic7
congestion, improve safety, mitigate environmental impacts, improve air8
quality, and improve accessibility for all citizens, fostering a more9
interconnected and vibrant state;10
(b) The state needs to strategically address the growing challenges11
of population growth and growth in recreational traffic and the associated12
increase in demand for transportation alternatives, and the expansion and13
improvement of transit and rail networks will alleviate traffic congestion14
and wear and tear on highways and provide safer and more reliable15
transportation options;16
(c) A dedicated state funding source for transit and rail projects17
is essential to building a comprehensive and integrated transportation18
system that meets the diverse needs of Colorado's residents and visitors;19
(d) Rental cars have a large impact on our public highways,20
adding congestion, wear and tear, and more greenhouse gas (GHG)21
SB24-184-4- emissions. Additional cars on our roads from out-of-state visitors, in-state1
leisure travel, heavy trucks, and vans for moving services have a2
documented impact, and investments in offsets such as transit and rail3
services benefit the drivers of those rental vehicles by reducing the4
amount of traffic congestion that they encounter.5
(e) While out-of-state visitors and tourists have a positive impact6
on our economy, the large amount of out-of-state visitors and tourism also7
has a large impact on traffic congestion and conditions on our public8
highway system and presents significant challenges to our ability to9
manage growth in a sustainable way;10
(f) Continued investment in transit and rail projects and services11
advances Colorado's commitment to reducing air pollution, addressing12
ozone nonattainment, safeguarding the environment and the health of its13
residents by addressing climate change, and reducing GHG emissions that14
create climate change;15
(g) Although the general assembly and the federal government16
have passed laws enabling investments to transition single occupancy17
vehicles and other fleets to electric vehicles, the state cannot reach its18
traffic congestion and GHG reduction goals without more transit and rail19
options in the state to provide transportation alternatives and spur20
transit-oriented development;21
(h) Colorado charges road user fees for the purpose of improving22
our surface transportation systems, and rental cars are one user of our23
public highway system with a demonstrated impact on traffic congestion24
on our public highways that could be alleviated and offset by providing25
new transit and rail services that reduce the traffic congestion and wear26
and tear they encounter;27
SB24-184
-5- (i) Rental cars account for over three percent of the vehicle miles1
traveled (VMT) on Colorado roadways. Based on the "Urban Mobility2
Report" produced by the Texas A&M Transportation Institute, the annual3
cost of traffic congestion, which takes into account the cost of wasted fuel4
consumption and travel delays, in the Denver metropolitan area alone was5
$2.394 billion in 2019, which comes out to $1,263 per commuter and6
$21.50 per hour of delay. This suggests that the cost of congestion7
attributable to rental cars statewide is at least $74 million per year, and8
likely higher. This impact from rental cars can be mitigated with new9
investments in transit and rail. Investment in passenger rail systems and10
additional revenue service miles of transit will offset VMT and reduce11
congestion.12
(j) The fee proposed in this legislation would also be applied to13
the rental of heavy motor vehicles like moving truck rentals, which have14
significantly higher wear and tear impacts to Colorado roads than15
traditional passenger vehicles;16
(k) The federal government has made available billions of dollars17
to states, local governments, and private entities in the 2021 bipartisan18
"Infrastructure Investment and Jobs Act". These federal grants usually19
provide an 80% federal share and require only a 20% match from the20
grant recipient, making passenger rail expansion a cost-effective tool for21
reducing congestion but requiring more state matching money to access22
federal dollars.23
(l) Having adequate money to provide the non-federal match for24
federal grants is essential to allow Colorado to take advantage of this25
federal money;26
(m) In 2021, the general assembly created the front range27
SB24-184
-6- passenger rail district. The Colorado department of transportation's1
(CDOT) transit and rail division (division) is conducting a service2
development plan for front range passenger rail to fulfill the direction of3
that law. In October 2023, the transportation commission approved funds4
to commence a service development plan for the northern rocky mountain5
rail corridor extending from Denver through northwest Colorado and long6
distance bus service expansion. The division will complete these projects7
and continue to support project planning for associated projects.8
(n) Front range passenger rail would connect communities from9
Fort Collins through Denver on to Trinidad through new passenger rail10
service, shaping development in our state for generations to come and11
unlocking smart urban planning decisions, density around transit hubs,12
and mobility options for those who cannot access a car;13
(o) Urgent action is also required to fulfill our commitment to14
equity for a just transition for energy impacted communities such as Craig15
and Hayden that have coal plants completely closing as soon as 2028. As16
coal plant closures happen and the existing freight business ends with it,17
we must ensure continuous use of that existing rail line through utilization18
for passenger rail. Establishing passenger rail service from Union Station19
to west Jefferson County, Winter Park, Steamboat Springs, Craig, and20
Hayden is a just transition strategy that also reduces traffic congestion in21
the interstate highway 70 mountain corridor. This train line uniquely22
fulfills several objectives of the state including relieving traffic23
congestion in mountain corridors, supporting affordable housing for the24
local workforce, and aiding coal-dependent communities in enhancing25
and diversifying their economies.26
(p) The southern segment of front range passenger rail is as27
SB24-184
-7- important as the north segment and the proposed northern rocky mountain1
rail service. It is imperative that the state continue to pursue this2
important segment that completes the vision for the full front range3
passenger rail and is a linchpin to the new federal long distance plan for4
the country that would create two new long distance service routes5
through Trinidad connecting to the full proposed front range passenger6
rail route. The new proposed long distance study map makes Colorado's7
full front range rail route essential to a new route connecting through8
Trinidad, Colorado to Albuquerque, New Mexico on to Phoenix, Arizona,9
and an additional new route that would connect Trinidad to Amarillo,10
Texas, to Dallas, Texas, and on to Houston, Texas. This makes the11
southern segment of front range passenger rail not just an important12
Colorado transportation solution but also of national importance to the13
future national rail passenger rail network.14
(q) Efforts to expand passenger rail must be complemented by the15
expansion of a more comprehensive statewide bus system, especially on16
key corridors like interstate highways 70 and 25, building on the17
successes of initiatives like CDOT's Bustang, Snowstang, and Pegasus18
bus services, with a commitment to improving convenience, and19
accessibility for all Coloradans and contributing to reductions in GHG20
emissions and traffic congestion.21
(2) The general assembly further finds and declares that:22
(a) The Colorado high performance transportation enterprise,23
which has been doing business as the Colorado transportation investment24
office (CTIO) since 2021, has a strong track record of using user fee25
revenue to support the development of surface transportation projects26
with the primary objective of alleviating traffic congestion within the27
SB24-184
-8- state;1
(b) The CTIO has historically supported multi-modal2
transportation through the expansion of commuting options in express3
lanes and the distribution of transit passes to low-income residents, but4
with the creation of the new dedicated revenue source provided for in this5
act must now utilize its existing power and charge, as set forth in its6
enabling legislation, to fund transit and rail projects to further reduce7
traffic congestion on our highway system;8
(c) It is necessary and appropriate to direct the CTIO to update its9
strategic plan to incorporate policies implementing legislative direction10
in Senate Bill 21-260, which tasked the transportation commission to11
establish GHG pollution reduction planning standards and to contribute12
to the state's implementation of House Bill 19-1261, which established13
GHG reduction goals for the state;14
(d) A major barrier to expanding transit and rail in the state of15
Colorado is a lack of financing infrastructure and a dedicated revenue16
source;17
(e) The state needs a more equitable transportation system that18
mitigates the impact that automobiles place on the public highway system,19
and the state lacks the dedicated revenue source for transit and rail that is20
needed to fund such a system and mitigate those impacts;21
(f) This act directs the regional transportation district (RTD), the22
front range passenger rail district (FRPRD), the transportation23
commission and the board of directors of the high-performance24
transportation enterprise to develop a plan for using their joint authorities25
and funding streams to deliver the first phase of front range passenger rail26
from Denver to Fort Collins and to use existing contracts to the extent27
SB24-184
-9- possible to facilitate the best means to deliver that project and to conduct1
rail traffic controller modeling and other analyses for intercity passenger2
rail from Union Station to Fort Collins for at least two scenarios,3
including a scenario of three round trips per day and a scenario of five4
round trips per day;5
(g) As it is the desire of the general assembly to ensure not just6
train service from Union Station to Fort Collins, but also daily service7
from Trinidad to Pueblo to Fort Collins, this act also requires the FRPRD:8
(I) To report to the general assembly regarding a plan and an9
expeditious timeline by which the FRPRD will implement the whole10
front-range rail train service from Fort Collins to Pueblo and Trinidad;11
and12
(II) To report periodically to the general assembly regarding its13
planning and implementation progress and the barriers and challenges it14
faces for extending service to the southern portion of the FRPRD,15
encouraging the inclusion in each report of a detailed analysis of the16
extent of cooperation or a lack of cooperation among the host rail17
companies; and18
(h) In the near term, it is necessary and appropriate for CTIO to19
use the new dedicated revenue stream provided for in this act to finance20
service that originates from the service development plan for front range21
passenger rail, the service development plan for the northern rocky22
mountain rail corridor, the aforementioned statewide bus expansion study,23
and other strategies to increase the use of public transportation.24
SECTION 2. In Colorado Revised Statutes, 32-9-107.5, add25
(1)(e) as follows:26
32-9-107.5. Regional fixed guideway mass transit system -27
SB24-184
-10- authorization - completion of northwest rail fixed guideway corridor1
as first phase of front range passenger rail service - legislative2
declarations. (1) (e) T
HE GENERAL ASSEMBLY FURTHER DECLARES THAT :3
(I) T
HE COMPLETION OF CONSTRUCTION OF A FIXED GUIDEWAY4
MASS TRANSIT SYSTEM IN THE DISTRICT'S NORTHWEST FIXED GUIDEWAY5
CORRIDOR BETWEEN UNION STATION IN DENVER AND LONGMONT, WHICH6
WAS PROMISED AS PART OF THE DISTRICT 'S FASTRACKS TRANSIT7
EXPANSION PROGRAM APPROVED BY THE VOTERS OF THE DISTRICT IN 20048
BUT CURRENTLY OPERATES ONLY BETWEEN UNION STATION AND9
W
ESTMINSTER, WILL HELP REBUILD CONFIDENCE IN THE DISTRICT, AND IT10
IS OF CRITICAL IMPORTANCE THAT EVERY EFFORT BE MADE TO SECURE11
SUFFICIENT FUNDING TO QUICKLY COMPLETE THAT SYSTEM ;12
(II) T
HERE IS AN OPPORTUNITY TO OBTAIN SIGNIFICANT FEDERAL13
MONEY FOR THE COMPLETION OF THE FIXED GUIDEWAY MASS TRANSIT14
SYSTEM IN THE DISTRICT'S NORTHWEST FIXED GUIDEWAY CORRIDOR IF15
SERVICE EXTENDS BEYOND THE B OUNDARIES OF THE DISTRICT TO FORT16
C
OLLINS AND QUALIFIES AS INTERCITY RAIL AS A FIRST PHASE OF FRONT17
RANGE PASSENGER RAIL SERVICE; AND18
(III) A
CCELERATING THE PROVISION OF FIXED GUIDEWAY SERVICE19
ON THE NORTHWEST RAIL CORRIDOR AS THE FIRST PHASE OF FRONT RANGE20
PASSENGER RAIL SERVICE WILL NOT IN ANY WAY SLOW PLANNING ,21
DEVELOPMENT, GRANT SEEKING, OR OTHER ACTIVITIES NEEDED FOR THE22
EXPEDITIOUS DELIVERY OF THE REMAINING ELEMENTS OF FRONT RANGE23
PASSENGER RAIL SERVICE. BY COMPLETING THE NORTHWEST PORTION OF24
FRONT RANGE PASSENGER RAIL SERVICE , WHICH WAS STATUTORILY25
REQUIRED TO BE PRIORITIZED IN THE LEGISLATION THAT CREATED THE26
FRONT RANGE PASSENGER RAIL DISTRICT , THE GENERAL ASSEMBLY27
SB24-184
-11- INTENDS TO EXPEDITE COMPLETION OF THE ENTIRE RAIL SERVICE .1
SECTION 3. In Colorado Revised Statutes, 32-9-107.7, add (3)2
and (4) as follows:3
32-9-107.7. Regional fixed guideway mass transit systems -4
construction - authorization - completion of northwest rail fixed5
guideway corridor - limited operations outside district - report. (3) 6
T
HE DISTRICT MAY EXTEND CONSTRUCTION AND OPERATIONS OF THE7
NORTHWEST RAIL FIXED GUIDEWAY CORRIDOR BEYOND THE BOUNDARIES8
OF THE DISTRICT IF ANY AND ALL CAPITAL AND OPERATING EXPENSES THAT9
IT UNDERTAKES OUTSIDE THE DISTRICT ARE FULLY ACCOUNTED FOR AND10
REIMBURSED TO THE DISTRICT BY A PUBLIC BODY .11
(4) (a) I
N PURSUING THE COMPLETION OF CONSTRUCTION AND12
OPERATION OF THE NORTHWEST FIXED GUIDEWAY CORRIDOR , INCLUDING13
AN EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE FIRST PHASE14
OF FRONT RANGE PASSENGER RAIL SERVICE , THE DISTRICT, IN15
COOPERATION WITH THE DEPARTMENT OF TRANSPORTATION , THE16
HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE , CREATED IN SECTION17
43-4-806 (2)(a)(I),
AND THE FRONT RANGE PASSENGER RAIL DISTRICT ,18
CREATED IN SECTION 32-22-103 (1), SHALL PROVIDE A REPORT19
CONTAINING AN IMPLEMENTATION PLAN FOR CONSTRUCTION AND20
OPERATIONS OF THE CORRIDOR TO THE TRANSPORTATION LEGISLATION21
REVIEW COMMITTEE, CREATED IN SECTION 43-2-145 (1)(a), OR ITS22
SUCCESSOR COMMITTEE , AND TO THE GOVERNOR NO LATER THAN23
S
EPTEMBER 30, 2024. THE IMPLEMENTATION PLAN MUST :24
(I) I
DENTIFY ALL ONGOING OR COMP LETED STUDIES AND SERVICE25
DEVELOPMENT PLANS THAT COULD BE LEVERAGED TO ACCELERATE26
APPROVAL AND PERMITTING AND REQUIRE THE DISTRICT AND THE27
SB24-184
-12- DEPARTMENT OF TRANSPORTATION TO USE EXISTING CONTRACTS TO THE1
EXTENT POSSIBLE TO CONDUCT RAIL TRAFFIC CONTROLLER MODELING AND2
OTHER ANALYSES FOR INTERCITY PASSENGER RAIL FROM UNION STATION3
TO FORT COLLINS FOR AT LEAST TWO SCENARIOS, INCLUDING A SCENARIO4
OF THREE ROUND TRIPS PER DAY AND A SCENARIO OF FIVE ROUND TRIPS5
PER DAY;6
(II) I
DENTIFY AND EVALUATE OPTIONS FOR CREATING A NEW7
STANDALONE ENTITY SUCH AS A COLORADO RAIL AUTHORITY, A SEPARATE8
LEGAL ENTITY CREATED PURSUANT TO SECTIONS 29-1-203 AND9
29-1-203.5,
OR A STANDALONE INTERGOVERNMENTAL AGREEMENT AS A10
BUSINESS MODEL WITH A GOAL OF CREATING SUCH A SEPARATE LEGAL11
ENTITY OR EXECUTING SUCH AN AGREEMENT NO LATER THAN DECEMBER12
31,
2024; AND13
(III) E
XPLORE THE VIABILITY OF AMTRAK OR OTHER ENTITIES AS14
POTENTIAL OPERATORS FOR INTERCITY PASSENGER RAIL SERVICE .15
(b) I
N ADDITION TO THE REPORT REQUIRED BY SUBSECTION (4)(a)16
OF THIS SECTION, NO LATER THAN MARCH 1, 2025, THE DISTRICT, IN17
COOPERATION WITH THE DEPARTMENT OF TRANSPORTATION , THE18
HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE , CREATED IN SECTION19
43-4-806 (2)(a)(I),
AND THE FRONT RANGE PASSENGER RAIL DISTRICT ,20
CREATED IN SECTION 32-22-103 (1), AND ANY SEPARATE LEGAL ENTITY21
CREATED PURSUANT TO SECTIONS 29-1-203 AND 29-1-203.5 SHALL22
PROVIDE A REPORT CONCERNING A PLAN TO BEGIN PROVIDING FRONT23
RANGE PASSENGER RAIL SERVICE NO LATER T HAN JANUARY 1, 2028, TO24
THE HOUSE OF REPRESENTATIVES TRANSPORTATION , HOUSING, AND LOCAL25
GOVERNMENT COMMITTEE AND THE SENATE TRANSPORTATION AND26
ENERGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES AND THE27
SB24-184
-13- GOVERNOR.1
SECTION 4. In Colorado Revised Statutes, 32-9-119, add2
(1)(w.5) as follows:3
32-9-119. Additional powers of district. (1) In addition to any4
other powers granted to the district in this article, the district has the5
following powers:6
(w.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN7
DEVELOPED AS REQUIRED BY SECTION 32-9-107.7 (4), TO ENTER INTO A8
STANDALONE INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A9
SEPARATE LEGAL ENTITY PURSUANT TO SECTIONS 29-1-203 AND10
29-1-203.5
WITH THE DEPARTMENT OF TRANSPORTATION , THE11
HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE , CREATED IN SECTION12
43-4-806 (2)(a)(I),
AND THE FRONT RANGE PASSENGER RAIL DISTRICT ,13
CREATED IN SECTION 32-22-103 (1), TO IMPLEMENT THE COMPLETION OF14
CONSTRUCTION AND OPERATION OF THE NORTHWEST FIXED GUIDEWAY15
CORRIDOR, INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS16
AS THE FIRST PHASE OF FRONT RANGE PASSENGER RAIL SERVICE ;17
SECTION 5. In Colorado Revised Statutes, 32-22-106, amend18
(1)(s); and add (1)(s.5) as follows:19
32-22-106. District - general powers and duties - funds20
created. (1) In addition to any other powers granted to the district by this21
article 22, the district has the following powers:22
(s) To accept gifts, grants, and donations, whether cash or in-kind23
in nature, from private or public sources for the purposes of this article24
22; and
25
(s.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN26
DEVELOPED AS REQUIRED BY SECTION 32-9-107.7 (4), TO ENTER INTO A27
SB24-184
-14- STANDALONE INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A1
SEPARATE LEGAL ENTITY PURSUANT TO SECTIONS 29-1-203 AND2
29-1-203.5
WITH THE DEPARTMENT OF TRANSPORTATION , THE3
HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE , CREATED IN SECTION4
43-4-806 (2)(a)(I),
AND THE REGIONAL TRANSPORTATION DISTRICT ,5
CREATED IN SECTION 32-9-105, TO IMPLEMENT THE COMPLETION OF6
CONSTRUCTION AND OPERATION OF THE REGIONAL TRANSPORTATION7
DISTRICT'S NORTHWEST FIXED GUIDEWAY CORRIDOR , INCLUDING AN8
EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE FIRST PHASE OF9
FRONT RANGE PASSENGER RAIL SERVICE ;10
SECTION 6. In Colorado Revised Statutes, 43-1-106, add11
(8)(q.5) as follows:12
43-1-106. Transportation commission - efficiency and13
accountability committee - powers and duties - rules - definitions.14
(8) In addition to all other powers and duties imposed upon it by law, the15
commission has the following powers and duties:16
(q.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN17
DEVELOPED AS REQUIRED BY SECTION 32-9-107.7 (4), AND ON BEHALF OF18
THE DEPARTMENT, TO ENTER INTO A STANDALONE INTERGOVERNMENTAL19
AGREEMENT WITH OR CREATE A SEPARATE LEGAL ENTITY PURSUANT TO20
SECTIONS 29-1-203 AND 29-1-203.5 WITH THE REGIONAL21
TRANSPORTATION DISTRICT, CREATED IN SECTION 32-9-105, THE FRONT22
RANGE PASSENGER RAIL DISTRICT, CREATED IN SECTION 32-22-103 (1),23
AND THE HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE , CREATED IN24
SECTION 43-4-806 (2)(a)(I), TO IMPLEMENT THE COMPLETION OF25
CONSTRUCTION AND OPERATION OF THE REGIONAL TRANSPORTATION26
DISTRICT'S NORTHWEST FIXED GUIDEWAY CORRIDOR , INCLUDING AN27
SB24-184
-15- EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE FIRST PHASE OF1
FRONT RANGE PASSENGER RAIL SERVICE ;2
SECTION 7. In Colorado Revised Statutes, add 43-1-132 as3
follows:4
43-1-132. Front range passenger rail service - annual status5
reports. (1) N
O LATER THAN SEPTEMBER 30, 2024, AND SEPTEMBER 306
OF EACH YEAR THEREAFTER , THE DEPARTMENT AND THE FRONT RANGE7
PASSENGER RAIL DISTRICT, CREATED IN SECTION 32-22-103 (1) SHALL8
JOINTLY REPORT TO THE TRANSPORTATION LEGISLATION REVIEW9
COMMITTEE, CREATED IN SECTION 43-2-145 (1)(a), OR ITS SUCCESSOR10
COMMITTEE, AND THE GOVERNOR REGARDING THE STATUS OF THE SERVICE11
DEVELOPMENT PLAN FOR FRONT RANGE PASSENGER RAIL SERVICE12
BETWEEN TRINIDAD, PUEBLO, AND FORT COLLINS. THE REPORT MUST13
INCLUDE, AT A MINIMUM:14
(a) A
DESCRIPTION OF THE EFFORTS OF THE DEPARTMENT AND THE15
DISTRICT TO COORDINATE WITH AFFECTED ENTITIES , INCLUDING CLASS I16
RAILROADS, THE FEDERAL RAILWAY ADMINISTRATION , AND AMTRAK, AND17
THE EXTENT TO WHICH AND MANNER IN WHICH SUCH AFFECTED ENTITIES18
RESPONDED TO THOSE EFFORTS; AND19
(b) A
PLAN FOR FULL IMPLEMENTATION OF FRONT RANGE20
PASSENGER RAIL SERVICE AS SOON AS PRACTICABLE THAT INCLUDES PLANS21
FOR UPCOMING BALLOT MEASURES , FEDERAL GRANTS, AND OTHER22
POSSIBLE INTERIM OPTIONS FOR FINANCING NECESSARY INFRASTRUCTURE23
AND OPERATIONS.24
(2) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-13625
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS26
SECTION CONTINUES INDEFINITELY.27
SB24-184
-16- SECTION 8. In Colorado Revised Statutes, 43-4-803, amend1
(11), (22), and (27); and add (23.5) and (26.3) as follows:2
43-4-803. Definitions. As used in this part 8, unless the context3
otherwise requires:4
(11) "Designated bridge project" means a project that involves the5
repair, reconstruction, replacement, or ongoing operation or maintenance,6
or any combination thereof, of a designated bridge by the bridge7
enterprise pursuant to an agreement between the
BRIDGE enterprise and8
the commission or department authorized by section 43-4-805 (5)(f). A9
fair-rated bridge may be included in a designated bridge project or other10
project involving the repair, replacement, or reconstruction of a11
designated bridge if including the fair-rated bridge is an efficient use of12
the bridge enterprise's resources and will result in cost savings or13
schedule acceleration for a project that will improve safety.14
(22) "Surface transportation infrastructure" means a highway, a15
bridge other than a designated bridge, or any other infrastructure, facility,16
or equipment used primarily or in large part to transport people on17
systems that operate on or are affixed to the ground,
INCLUDING18
PASSENGER RAIL, BUS, OR OTHER PUBLIC TRANSPORTATION VEHICLES .19
(23.5) "S
URFACE TRANSPORTATION INFRASTRUCTURE PROJECT20
NETWORK" MEANS ALL EXISTING OR PLANNED SURFACE TRANSPORTATION21
INFRASTRUCTURE PROJECTS.22
(26.3) "T
RAVEL SHED" MEANS THE GEOGRAPHIC AREA , AS23
DETERMINED BY THE TRANSPORTATION ENTERPRISE , WITHIN WHICH24
DEVELOPMENT AND PERSONS TRAVELING ARE SERVED BY A SURFACE25
TRANSPORTATION INFRASTRUCTURE PROJECT , INCLUDING ARTERIAL26
HIGHWAYS OR MULTI -MODAL SURFACE TRANSPORTATION27
SB24-184
-17- INFRASTRUCTURE CONNECTED TO THE SURFACE TRANSPORTATION1
INFRASTRUCTURE PROJECT.2
(27) "User fee" means compensation to be paid to the3
transportation enterprise or a partner of the transportation enterprise,4
INCLUDING THE CONGESTION IMPACT FEE IMPOSED BY THE5
TRANSPORTATION ENTERPRISE PURSUANT TO SECTION 43-4-806 (7.6), for6
the privilege of
EITHER using surface transportation infrastructure7
constructed or operated by the transportation enterprise or operated by its8
partner under the terms of a public-private partnership
OR BENEFITTING9
FROM THE REDUCED CONGESTION ON AND IMPROVED CONDITION OF OTHER10
SURFACE TRANSPORTATION INFRASTRUCTURE IN THE STATE RESULTING11
FROM THE AVAILABILITY OF SURFACE TRANSPORTATION INFRASTRUCTURE12
CONSTRUCTED OR OPERATED BY THE TRANSPORTATION ENTERPRISE OR13
OPERATED BY ITS PARTNER UNDER THE TERMS OF A PUBLIC -PRIVATE14
PARTNERSHIP AND FROM THE OPPORTUNITY TO USE SUCH SURFACE15
TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR OPERATED BY THE16
TRANSPORTATION ENTERPRISE AND SUCH OTHER LESS CONGESTED AND17
IMPROVED SURFACE TRANSPORTATION INFRASTRUCTURE .18
SECTION 9. In Colorado Revised Statutes, 43-4-804, amend19
(1)(b)(II) as follows:20
43-4-804. Highway safety projects - surcharges and fees -21
crediting of money to highway users tax fund - definition. (1) The22
following surcharges, fees, and fines shall be collected and credited to the23
highway users tax fund created in section 43-4-201 (1)(a) and allocated24
to the state highway fund, counties, and municipalities as specified in25
section 43-4-205 (6.3):26
(b) (II) A person who collects the daily vehicle rental fee imposed27
SB24-184
-18- by subparagraph (I) of this paragraph (b) SUBSECTION (1)(b)(I) OF THIS1
SECTION and who pays specific ownership tax on the vehicles rented in2
the manner specified in either section 42-3-107 (11) or (12), C.R.S., or3
both, shall, no later than the twentieth day of each month, submit to the4
department of revenue a report, using forms furnished by the department5
of revenue, of daily vehicle rental fees collected for the preceding month6
and shall include with the report the remittance of all such fees. A person7
who collects the daily vehicle rental fee imposed by subparagraph (I) of8
this paragraph (b) SUBSECTION (1)(b)(I) OF THIS SECTION but does not pay9
specific ownership tax on the vehicles in the manner specified in either10
section 42-3-107 (11) or (12), C.R.S., or both, shall submit the report and11
the remittance of fees collected in the same manner or in such other12
manner as the executive director of the department of revenue may13
prescribe by rules promulgated in accordance with article 4 of title 24.14
C.R.S. The executive director of the department of revenue shall forward15
all daily vehicle rental fees collected,
TOGETHER WITH ALL CONGESTION16
IMPACT FEES IMPOSED BY THE TRANSPORTATION ENTERPRISE PURSUANT17
TO SECTION 43-4-806 (7.6) COLLECTED, to the state treasurer who
AND18
SHALL IDENTIFY THE AMOUNTS OF EACH FEE BEING FORWARDED . THE19
STATE TREASURER shall credit the daily vehicle rental fees IMPOSED20
PURSUANT TO SUBSECTION (1)(b)(I)(A) OF THIS SECTION to the highway21
users tax fund
AND SHALL CREDIT THE CONGESTION IMPACT FEES IMPOSED22
BY THE TRANSPORTATION ENTERPRISE PURSUANT TO SECTION 43-4-80623
(7.6)
TO THE TRANSPORTATION SPECIAL FUND AS REQUIRED BY SECTION24
43-4-806 (7.6)(b).25
SECTION 10. In Colorado Revised Statutes, 43-4-806, amend26
(1)(a), (2)(a)(III)(B), (2)(c)(I), (3)(a), (3)(c), (5), (6) introductory portion,27
SB24-184
-19- (6)(p), (8)(b), (9)(a), and (10)(a); and add (1.5), (6)(p.5), (7.6), (7.7),1
(7.8), and (10)(c) as follows:2
43-4-806. Colorado transportation investment office - creation3
- enterprise status - board - funds - powers and duties - user fees -4
limitations - reporting requirements - violations on the peak period5
shoulder lanes - legislative declaration - definitions. (1) The general6
assembly hereby finds and declares that:7
(a) It is necessary, appropriate, and in the best interests of the state8
for the state to aggressively pursue innovative means of more efficiently9
financing important surface transportation infrastructure projects that will10
improve the safety, capacity, and accessibility of the surface11
transportation system,
PROVIDE DIVERSE, MULTIMODAL TRANSPORTATION12
OPTIONS THAT REDUCE TRAFFIC CONGESTION AND DEGRADATION OF13
EXISTING SURFACE TRANSPORTATION INFRASTRUCTURE AND OFFER MORE14
TRANSPORTATION CHOICES FOR SYSTEM USERS , can feasibly be15
commenced in a reasonable amount of time, will allow more efficient16
movement of people, goods, and information throughout the state, and17
will accelerate the economic recovery of the state;18
(1.5) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES19
THAT:20
(a) (I) T
HE TRANSPORTATION ENTERPRISE PROVIDES BOTH21
SERVICES TO PERSONS WHO PAY USER FEES FOR THE PRIVILEGE OF USING22
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS AND ADDITIONAL23
IMPACT REMEDIATION SERVICES TO ALL PERSONS WHO USE OR INDIRECTLY24
BENEFIT FROM THE USE OF THE SURFACE TRANSPORTATION25
INFRASTRUCTURE PROJECT NETWORK AND OTHER SURFACE26
TRANSPORTATION INFRASTRUCTURE IN THE STATE BY COMPLETING AND27
SB24-184
-20- OPERATING SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS THAT1
REDUCE WEAR AND TEAR ON AND INCREASE THE RELIABILITY , SAFETY,2
AND EXPECTED USEFUL LIFE OF STATE HIGHWAYS AND BRIDGES , REDUCE3
TRAFFIC CONGESTION AND A TTENDANT DELAYS , PROVIDE ADDITIONAL4
TRANSPORTATION OPTIONS , REDUCE EMISSIONS FROM AIR POLLUTANTS5
AND GREENHOUSE GAS POLLUTANTS FROM MOTOR VEHICLES , AND REDUCE6
THE ADVERSE ENVIRONMENTAL AND HEALTH IMPACTS OF SUCH EMISSIONS ;7
AND8
(II) B
Y PROVIDING SERVICES AS AUTHORIZED BY THIS PART 8, THE9
TRANSPORTATION ENTERPRISE ENGAGES IN AN ACTIVITY CONDUCTED IN10
THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD AND GENERATES11
REVENUE BY COLLECTING FEES FROM SERVICES USERS , AND THEREFORE12
OPERATES AS A BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF13
THE COLORADO SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY14
A
UTHORITY, 896 P.2D 859 (COLO. 1995), AND THE COLORADO COURT OF15
APPEALS IN TABOR FOUNDATION V. COLORADO BRIDGE ENTERPRISE,16
2014COA
106;17
(b) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO18
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89619
P.2d 859
(COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS20
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE21
X
OF THE STATE CONSTITUTION AND THE DETERMINATION OF THE22
C
OLORADO SUPREME COURT IN COLORADO UNION OF TAXPAYERS23
F
OUNDATION V. CITY OF ASPEN, 2018 CO 36, THAT A CHARGE IS NOT A TAX24
IF THE PRIMARY PURPOSE OF THE CHARGE IS TO NOT TO RAISE REVENUE25
FOR GENERAL GOVERNMENTAL PURPOSES , IT IS THE CONCLUSION OF THE26
GENERAL ASSEMBLY THAT THE REVENUE COLLECTED BY THE27
SB24-184
-21- TRANSPORTATION ENTERPRISE FROM USER FEES IS GENERATED BY FEES ,1
NOT TAXES, BECAUSE THE USER FEES IMPOSED BY THE TRANSPORTATION2
ENTERPRISE:3
(I) A
RE IMPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE4
TRANSPORTATION ENTERPRISE TO DEFRAY THE COSTS OF COMPLETING ,5
OPERATING, AND MAINTAINING THE SURFACE TRANSPORTATION6
INFRASTRUCTURE PROJECT NETWORK ;7
(II) T
HEREBY:8
(A) F
UND THE SPECIFIC BENEFIT OF THE PRIVILEGE OF ACCESSING9
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS FOR USER FEE10
PAYERS;11
(B) F
UND ADDITIONAL BENEFITS OF THE REMEDIATION SERVICES12
PROVIDED BY THE TRANSPORTATION ENTERPRISE , INCLUDING REDUCTION13
OF TRAFFIC CONGESTION AND ATTENDANT DELAYS , PROVISION OF14
ADDITIONAL TRANSPORTATION OPTIONS , REDUCED EMISSIONS FROM AIR15
POLLUTANTS AND GREENHOUSE GAS POLLUTANTS FROM MOTOR VEHICLES ,16
AND REDUCED ADVERSE ENVIRONMENTAL AND HEALTH IMPACTS OF SUCH17
EMISSIONS CAUSED BY THE USE OF MOTOR VEHICLES , FOR USER FEE18
PAYERS; AND19
(III) W
ILL BE COLLECTED AT RATES THAT ARE REASONABLY20
CALCULATED BY THE TRANSPORTATION ENTERPRISE BOARD BASED ON THE21
COSTS OF PROVIDING THE BENEFITS PROVIDED TO USER FEE PAYERS AND22
THE COSTS OF REMEDIATING THE IMPACTS CAUSED BY FEE PAYERS .23
(2) (a) (III) (B) The powers, duties, and functions of the24
department of
transportation ENTERPRISE include the powers, duties, and25
functions of the statewide tolling enterprise, created in the commission26
DEPARTMENT pursuant to section 43-4-803 (1), prior to the repeal and27
SB24-184
-22- reenactment of said section by Senate Bill 09-108, enacted in 2009, and1
the statewide tolling enterprise is abolished.2
(c) The business purpose of the transportation enterprise is to3
pursue public-private partnerships and other innovative and efficient4
means of completing surface transportation infrastructure projects. To5
allow the transportation enterprise to accomplish this purpose and fully6
exercise its powers and duties through the transportation enterprise board,7
the transportation enterprise may:8
(I) Subject to the limitations specified in section 43-4-808 (3)
AND9
SUBSECTION (7.6) OF THIS SECTION, impose user fees, INCLUDING THE10
CONGESTION IMPACT FEE AUTHORIZED BY SUBSECTION (7.6) OF THIS11
SECTION, for the privilege of using surface transportation infrastructure;12
(3) (a) The statewide transportation enterprise special revenue13
fund, referred to in this part 8 as the "transportation special fund", is14
hereby
created in the state treasury. All revenues REVENUE received by15
the transportation enterprise, including any revenues ALL REVENUE from16
BOTH user fees COLLECTED FROM USERS OF A PARTICULAR SURFACE17
TRANSPORTATION INFRASTRUCTURE PROJECT AND CONGESTION IMPACT18
FEES, collected pursuant to subparagraph (I) of paragraph (c) of19
subsection (2) SUBSECTIONS (2)(c)(I) AND (7.6) of this section, shall MUST20
be deposited into the transportation special fund. The transportation21
enterprise board may establish separate accounts within the transportation22
special fund as needed in connection with any specific surface23
transportation infrastructure project. The transportation enterprise also24
may deposit or permit others to deposit other moneys MONEY into the25
transportation special fund, but in no event may revenues REVENUE from26
any tax otherwise available for general purposes be deposited into the27
SB24-184
-23- transportation special fund. The state treasurer, after consulting with the1
transportation enterprise board, shall invest any moneys MONEY in the2
transportation special fund, including any surplus or reserves, but3
excluding any proceeds from the sale of bonds or earnings on such4
proceeds invested pursuant
TO section 43-4-807 (2), that are not needed5
for immediate use. Such moneys
MONEY may be invested in the types of6
investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.7
C.R.S.8
(c) The transportation enterprise shall prepare a separate annual9
accounting of the user fees collected from any surface transportation10
infrastructure project upon which any user fee is imposed except that AND11
OF CONGESTION IMPACT FEES. A partner of the enterprise may prepare the12
annual accounting for a project upon which it imposes a user fee pursuant13
to the terms of a public-private partnership.14
(5) Notwithstanding any other provision of this section, user fee15
revenues shall REVENUE COLLECTED FROM USERS OF A PARTICULAR16
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT MUST be expended17
only for purposes authorized by subsection (3) of this section and only for18
the surface transportation infrastructure project for which they were19
collected, to address ongoing congestion management needs related to the20
project, or as a portion of the expenditures made for another surface21
transportation infrastructure project that is integrated with the project as22
part of a surface transportation system WITHIN A TRAVEL SHED SERVED BY23
THE SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT FOR WHICH24
THE USER FEES WERE COLLECTED; except that the transportation enterprise25
board may use EXPEND user fee revenues REVENUE from each surface26
transportation infrastructure project in proportion to the total amount of27
SB24-184
-24- such revenues REVENUE generated by the project to pay overhead of the1
transportation enterprise. U
SER FEE REVENUE GENERATED BY THE2
CONGESTION IMPACT FEE IMPOSED BY THE TRANSPORTATION ENTERPRISE3
PURSUANT TO SUBSECTION (7.6) OF THIS SECTION MAY BE EXPENDED ON4
ANY PART OF THE SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT5
NETWORK AND FOR OVERHEAD OF THE TRANSPORTATION ENTERPRISE .6
(6) In addition to any other powers and duties specified in this7
section, the transportation enterprise board shall have
HAS the following8
powers and duties:9
(p) To transfer money, property, or other assets of the10
transportation enterprise to the department to the extent necessary to11
implement the financing of any surface transportation infrastructure12
project or for any other purpose authorized in this part 8; and13
(p.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN14
DEVELOPED AS REQUIRED BY SECTION 32-9-107.7 (4), TO ENTER INTO A15
STANDALONE INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A16
SEPARATE LEGAL ENTITY PURSUANT TO SECTIONS 29-1-203 AND17
29-1-203.5
WITH THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN18
SECTION 32-9-105, THE FRONT RANGE PASSENGER RAIL DISTRICT, CREATED19
IN SECTION 32-22-103 (1), AND THE DEPARTMENT, TO IMPLEMENT THE20
COMPLETION OF CONSTRUCTION AND OPERATION OF THE REGIONAL21
TRANSPORTATION DISTRICT'S NORTHWEST FIXED GUIDEWAY CORRIDOR ,22
INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE23
FIRST PHASE OF FRONT RANGE PASSENGER RAIL SERVICE ; AND24
(7.6) (a) (I) I
N ADDITION TO ANY OTHER POWERS AND DUTIES25
SPECIFIED IN THIS SECTION, ON AND AFTER JANUARY 1, 2025, THE26
TRANSPORTATION ENTERPRISE SHALL IMPOSE A CONGESTION IMPACT FEE27
SB24-184
-25- ON ALL SHORT-TERM VEHICLE RENTALS AT A MAXIMUM RATE , AS1
DETERMINED BY THE TRANSPORTATION ENTERPRISE BOARD , THAT IS2
REASONABLY CALCULATED TO GENERATE ONLY THE AM OUNT OF REVENUE3
NEEDED TO PAY THE OVERALL COSTS OF PROVIDING THE SERVICES TO FEE4
PAYERS THAT WILL BE FUNDED WITH THAT REVENUE AND THAT IS , EXCEPT5
AS OTHERWISE PROVIDED IN SUBSECTION (7.6)(c) OF THIS SECTION, NO6
MORE THAN THREE DOLLARS PER DAY FOR ANY VEHICLE POWERED BY AN7
INTERNAL COMBUSTION ENGINE AND NO MORE THAN TWO DOLLARS PER8
DAY FOR ANY BATTERY ELECTRIC MOTOR VEHICLE OR PLUG -IN HYBRID9
ELECTRIC MOTOR VEHICLE; EXCEPT THAT A SUBSEQUENT RENEWAL OF A10
SHORT-TERM VEHICLE RENTAL IS EXEMPT FROM THE FEE TO THE EXTENT11
THAT THE RENEWAL EXTENDS THE TOTAL RENTAL PERIOD BEYOND THIRTY12
DAYS. A CAR SHARING PROGRAM SHALL COLLECT THE CONGESTION13
IMPACT FEE FOR ANY SHORT-TERM VEHICLE RENTAL OF TWENTY -FOUR14
HOURS OR LONGER THAT IS ENABLED BY THE CAR SHARING PROGRAM .15
(II) A
S USED IN THIS SUBSECTION (7.6), UNLESS THE CONTEXT16
OTHERWISE REQUIRES:17
(A) "B
ATTERY ELECTRIC MOTOR VEHICLE " HAS THE SAME18
MEANING AS SET FORTH IN SECTION 43-4-1202 (1).19
(B) "C
AR SHARING PROGRAM" HAS THE SAME MEANING AS SET20
FORTH IN SECTION 6-1-1202 (4).21
(C) "P
LUG-IN HYBRID ELECTRIC MOTOR VEHICLE" HAS THE SAME22
MEANING AS SET FORTH IN SECTION 43-4-1202 (14).23
(D) "S
HORT-TERM VEHICLE RENTAL" MEANS THE RENTAL OF ANY24
MOTOR VEHICLE, AS DEFINED IN SECTION 42-1-102 (58), WITH A GROSS25
VEHICLE WEIGHT RATING OF TWENTY -SIX THOUSAND POUNDS OR LESS26
THAT IS RENTED WITHIN COLORADO FOR A PERIOD OF NOT MORE THAN27
SB24-184
-26- THIRTY DAYS.1
(b) T
HE CONGESTION IMPACT FEE MUST BE COLLECTED , SUBMITTED2
TO THE DEPARTMENT OF REVENUE , ADMINISTERED BY THE DEPARTMENT3
OF REVENUE, AND FORWARDED BY THE DEPARTMENT OF REVENUE TO THE4
STATE TREASURER IN THE SAME MANNER IN WHICH THE DAILY VEHICLE5
RENTAL FEE IMPOSED PURSUANT TO SECTION 43-4-804 (1)(b)(I)(A) IS6
COLLECTED, SUBMITTED, ADMINISTERED, AND FORWARDED PURSUANT TO7
SECTION 43-4-804 (1)(b)(II). THE DEPARTMENT OF REVENUE , WHEN8
FORWARDING THE CONGESTION IMPACT FEE TO THE STATE TREASURER9
WITH THE DAILY VEHICLE RENTAL FEE IMPOSED PURSUANT TO SECTION10
43-4-804 (1)(b)(I)(A),
SHALL IDENTIFY THE AMOUNTS OF EACH FEE BEING11
FORWARDED, AND THE STATE TREASURER SHALL CREDIT ALL CONGESTION12
IMPACT FEES TO THE TRANSPORTATION SPECIAL FUND . ANY VEHICLE13
RENTED PURSUANT TO A VEHICLE SHARING ARRANGEMENT THAT IS14
EXEMPT, PURSUANT TO SECTION 43-4-804 (1)(b)(III), FROM THE DAILY15
VEHICLE RENTAL FEE IMPOSED PURSUANT TO SECTION 43-4-80416
(1)(b)(I)(A)
IS ALSO EXEMPT FROM THE CONGESTION IMPACT FEE .17
(c) (I) F
OR SHORT-TERM VEHICLE RENTALS BEGINNING DURING18
STATE FISCAL YEAR 2026-27 AND FOR SHORT-TERM VEHICLE RENTAL19
PERIODS BEGINNING DURING ANY SUBSEQUENT STATE FISCAL YEAR , THE20
DAILY LIMITS ON THE AMOUNT OF THE CONGESTION IMPACT FEE SET FORTH21
IN SUBSECTION (7.6)(a)(I) OF THIS SECTION ARE ANNUALLY ADJUSTED FOR22
INFLATION, AND THE TRANSPORTATION ENTERPRISE SHALL IMPOSE THE23
CONGESTION IMPACT FEE IN A MAXIMUM AMOUNT THAT IS THE MAXIMUM24
AMOUNT FOR THE PRIOR STATE FISCAL YEAR ADJUSTED FOR INFLATION .25
T
HE TRANSPORTATION ENTERPRISE SHALL NOTIFY THE DEPARTMENT OF26
REVENUE OF THE AMOUNT OF THE CONGESTION IMPACT FEE TO BE27
SB24-184
-27- COLLECTED FOR SHORT-TERM VEHICLE RENTALS DURING EACH STATE1
FISCAL YEAR NO LATER THAN APRIL 1 OF THE CALENDAR YEAR IN WHICH2
THE STATE FISCAL YEAR BEGINS , AND THE DEPARTMENT OF REVENUE3
SHALL PUBLISH THE AMOUNT NO LATER THAN MAY 1 OF THE CALENDAR4
YEAR IN WHICH THE STATE FISCAL YEAR BEGINS .5
(II) A
S USED IN THIS SUBSECTION (7.6)(c), "INFLATION" MEANS6
THE AVERAGE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES7
DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE8
INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN9
CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX , FOR10
THE FIVE YEARS ENDING ON THE LAST DECEMBER 31 BEFORE A STATE11
FISCAL YEAR FOR WHICH AN INFLATION ADJUSTMENT TO THE CONGESTION12
IMPACT FEE IS TO BE MADE BEGINS.13
(d) N
OTWITHSTANDING SUBSECTION (7.6)(c) OF THIS SECTION, NO14
LATER THAN MARCH 1, 2030, AND EVERY FIFTH MARCH 1 THEREAFTER,15
THE TRANSPORTATION ENTERPRISE SHALL COMPLETE AN ANALYSIS OF THE16
RATE AT WHICH IT IMPOSES THE CONGESTION IMPACT FEE , THE AMOUNT OF17
REVENUE GENERATED BY THE FEE , AND THE USE OF FEE REVENUE IN18
ORDER TO ENSURE THAT IT IS CONTINUING TO IMPOSE THE FEE AT RATES19
THAT ARE REASONABLY CALCULATED TO GENERATE ONLY THE AMOUNT20
OF REVENUE NEEDED TO PAY THE OVERALL COSTS OF PROVIDING THE21
SERVICES TO FEE PAYERS THAT WILL BE FUNDED WITH THAT REVENUE . IF22
THE TRANSPORTATION ENTERPRISE DETERMINES THAT IT IS IMPOSING OR23
WITH ITS NEXT INFLATION ADJUSTMENT WILL BE IMPOSING THE FEE AT A24
RATE THAT GENERATES OR WILL GENERATE MORE THAN THE NEEDED25
AMOUNT OF REVENUE, IT SHALL LOWER THE RATE AT WHICH IT IS IMPOSING26
THE FEE OR FOREGO OR REDUCE THE INFLATION ADJUSTMENT TO THE27
SB24-184
-28- EXTENT NECESSARY TO ENSURE THAT IT IS CONTINUING TO IMPOSE THE FEE1
AT RATES THAT ARE REASONABLY CALCULATED TO GENERATE ONLY THE2
AMOUNT OF REVENUE NEEDED TO PAY THE OVERALL COSTS OF PROVIDING3
THE SERVICES TO FEE PAYERS THAT WILL BE FUNDED WITH THAT REVENUE . 4
(7.7) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED5
IN THIS SECTION:6
(a) N
O LATER THAN MARCH 1, 2025, THE TRANSPORTATION7
ENTERPRISE SHALL DEVELOP A NEW MULTIMODAL STRATEGIC CAPITAL8
PLAN, WHICH THE TRANSPORTATION ENTERPRISE BOARD MAY , AT ITS SOLE9
DISCRETION, THEREAFTER UPDATE AS IT DEEMS NECESSARY . THE PLAN10
MUST: 11
(I) A
LIGN WITH THE TEN-YEAR PLAN FOR EACH MODE OF12
TRANSPORTATION APPROVED BY THE COMMISSION IN ACCORDANCE WITH13
SECTION 43-1-106 (15)(d), THE STATEWIDE GREENHOUSE GAS POLLUTION14
REDUCTION GOALS SET FORTH IN SECTION 25-7-102 (2)(g), AND OTHER15
STATE GREENHOUSE GAS REDUCTION PRIORITIES ;16
(II) C
OMPLY WITH THE GREENHOUSE GAS TRANSPORTATION17
PLANNING STANDARD ADOPTED BY THE COMMISSION , ANY AMENDED OR18
SUCCESSOR STANDARD ADOPTED BY THE COMMISSION , AND ANY OTHER19
POLLUTION REDUCTION PLANNING STANDARDS REQUIRED FOR SURFACE20
TRANSPORTATION INFRASTRUCTURE PROJECTS BY A FEDERAL OR STATE21
LAW, REGULATION, OR RULE; AND22
(III) P
RIORITIZE BENEFITS TO USER FEE PAYERS AND THE23
REDUCTION OF ADVERSE IMPACTS ON HIGHWAYS .24
(b) N
O LATER THAN MARCH 1, 2025, THE TRANSPORTATION25
ENTERPRISE SHALL COMPLETE AN INITIAL ASSESSMENT OF OPPORTUNITIES26
AVAILABLE THROUGH 2030 TO LEVERAGE FEDERAL MONEY MADE27
SB24-184
-29- AVAILABLE TO THE STATE. AFTER COMPLETING THE INITIAL ASSESSMENT ,1
THE TRANSPORTATION ENTERPRISE SHA LL ASSESS SUCH OPPORTUNITIES ON2
AN ONGOING BASIS.3
(7.8) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED4
IN THIS SECTION, THE TRANSPORTATION ENTERPRISE MAY ENTER INTO A5
STANDALONE INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A6
SEPARATE LEGAL ENTITY PURSUANT TO 29-1-203 AND 29-1-203.5 WITH7
THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN SECTION8
32-9-105,
THE FRONT RANGE PASSENGER RAIL DISTRICT , CREATED IN9
SECTION 32-22-103(1), AND THE DEPARTMENT OF TRANSPORTATION TO10
IMPLEMENT THE COMPLETION OF CONSTRUCTION AND OPERATION OF THE11
REGIONAL TRANSPORTATION DISTRICT 'S NORTHWEST FIXED GUIDEWAY12
CORRIDOR, INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS13
AS THE FIRST PHASE OF FRONT RANGE PASSENGER RAIL SERVICE .14
(8) (b) In order to ensure that the limited resources available for15
the completion of major surface transportation infrastructure projects are16
allocated only to projects deemed essential by all impacted metropolitan17
planning organizations and other transportation planning regions, every18
metropolitan planning organization or other transportation planning19
region that includes territory in which all or any portion of a proposed20
surface transportation infrastructure project that will add substantial21
transportation
HIGHWAY capacity or significantly alter traffic patterns is22
to be completed shall have HAS the right to participate in the planning and23
development, and approve the completion, of the project. The right of24
participation shall extend EXTENDS, without limitation, to decisions25
regarding the scope of the project, the type of surface transportation26
infrastructure to be provided, project financing, allocation of project27
SB24-184
-30- revenues, and the manner in which any user fees are to be imposed. A1
surface transportation infrastructure project shall not proceed past the2
planning stage until all metropolitan planning organizations entitled to3
participate in the planning, development, and approval process, including4
AS WELL AS the transportation enterprise and any partner of the5
TRANSPORTATION enterprise under the terms of a public-private6
partnership, have approved the project.7
(9) (a) The transportation enterprise shall not IS NOT INTENDED TO8
supplant or duplicate the services provided by any public mass transit9
operator, as defined in section 43-1-102 (5), railroad, public highway10
authority created pursuant to part 5 of this article, or regional11
transportation authority created pursuant to part 6 of this article except as12
described in detail in an intergovernmental agreement or other contractual13
agreement entered into by the transportation enterprise and the operator,14
railroad, or authority. The creation of and undertaking of surface15
transportation infrastructure projects by the transportation enterprise16
pursuant to this part 8 is not intended to discourage any combination of17
local governments from forming a public highway authority or a regional18
transportation authority.19
(10) (a) Notwithstanding section 24-1-136 (11)(a)(I), no later than20
February 15, 2010, and no later than February 15 of each year thereafter21
THROUGH 2024, AND NO LATER THAN MARCH 1 OF EACH YEAR22
THEREAFTER, the transportation enterprise shall present a report to the23
committees of the house of representatives and the senate that have24
jurisdiction over transportation. The report must include a summary of the25
transportation enterprise's activities for the previous year, a summary of26
the status of any current surface transportation infrastructure projects, a27
SB24-184
-31- statement of the enterprise's revenues and expenses, and any1
recommendations for statutory changes that the enterprise deems2
necessary or desirable. The committees shall review the report and may3
recommend legislation. The report shall be public and shall be available4
on the website of the department on or before January 15 of the year in5
which the report is presented.6
(c) B
EGINNING WITH THE REPORT DUE NO LATER THAN MARCH 1,7
2025,
THE REPORT SHALL ALSO DETAIL THE TRANSPORTATION8
ENTERPRISE'S WORK TO REDUCE TRAFFIC CONGESTION AND GREENHOUSE9
GAS EMISSIONS AND SUPPORT THE EXPANSION OF PUBLIC TRANSIT .10
SECTION 11. In Colorado Revised Statutes, amend 43-4-812 as11
follows:12
43-4-812. Use of user fees for transit - legislative declaration.13
(1) Notwithstanding any other provision of law, the transportation14
enterprise, a public highway authority created and existing pursuant to15
part 5 of this article, a regional transportation authority created and16
existing pursuant to part 6 of this article, or any other entity that, as of17
March 2, 2009, is imposing a user fee or toll for the privilege of traveling18
on any highway segment or highway lanes may use revenues
REVENUE19
generated by the user fee or toll for
RAIL- AND transit-related projects that20
relate to the maintenance or supervision of the highway segment or21
highway lanes on which the user fee or toll is imposed
OR OTHER STATE22
HIGHWAYS WITHIN THE TRAVEL SHED THAT IS SERVED BY THE HIGHWAY23
SEGMENT OR HIGHWAY LANES .24
(2) The general assembly hereby
finds and declares that the25
funding of
RAIL- AND transit-related projects authorized by subsection (1)26
of this section constitutes maintenance and supervision of state highways27
SB24-184
-32- because it will help to reduce traffic on state highways and thereby reduce1
wear and tear on state highways and bridges and increase their reliability,2
safety, and expected useful life.3
SECTION 12. Safety clause. The general assembly finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety or for appropriations for6
the support and maintenance of the departments of the state and state7
institutions.8
SB24-184
-33-