Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0790.04 Jason Gelender x4330
SENATE BILL 24-184
Senate Committees House Committees
Transportation & Energy
Finance
Appropriations
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 , AND MAKING AN
105
APPROPRIATION.106
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
SENATE
Amended 2nd Reading
April 16, 2024
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. enterprise's (transportation enterprise) powers and duties to expand its
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
184
-2- transportation infrastructure project that adds
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
184
-3- agreement with or create a separate legal entity with each other, to
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) All rental cars, regardless of where they are rented, use public
20
184-4- highways and have a large impact on our public highway systems, adding1
congestion, wear and tear, and more greenhouse gas (GHG) emissions.2
Additional cars on our roads from out-of-state visitors, in-state leisure3
travel, heavy trucks, and vans for moving services have a documented4
impact, and investments in offsets such as transit and rail services benefit5
the drivers of those rental vehicles by reducing the amount of traffic6
congestion that they encounter throughout the state. A generally7
applicable fee on short-term vehicle rentals would equitably support8
investment in such offsets to reduce congestion on the public highway9
system.10
(e) While out-of-state visitors and tourists have a positive impact11
on our economy, the large amount of out-of-state visitors and tourism also12
has a large impact on traffic congestion and conditions on our public13
highway system and presents significant challenges to our ability to14
manage growth in a sustainable way;15
(f) Continued investment in transit and rail projects and services16
advances Colorado's commitment to reducing air pollution, addressing17
ozone nonattainment, safeguarding the environment and the health of its18
residents by addressing climate change, and reducing GHG emissions that19
create climate change;20
(g) Although the general assembly and the federal government21
have passed laws enabling investments to transition single occupancy22
vehicles and other fleets to electric vehicles, the state cannot reach its23
traffic congestion and GHG reduction goals without more transit and rail24
options in the state to provide transportation alternatives and spur25
transit-oriented development;26
(h) Colorado charges road user fees for the purpose of improving27
184
-5- our surface transportation systems, and rental cars are one user of our1
public highway system with a demonstrated impact on traffic congestion2
on our public highways that could be alleviated and offset by providing3
new transit and rail services that reduce the traffic congestion and wear4
and tear they encounter;5
(i) Rental cars account for over three percent of the vehicle miles6
traveled (VMT) on Colorado roadways. Based on the "Urban Mobility7
Report" produced by the Texas A&M Transportation Institute, the annual8
cost of traffic congestion, which takes into account the cost of wasted fuel9
consumption and travel delays, in the Denver metropolitan area alone was10
$2.394 billion in 2019, which comes out to $1,263 per commuter and11
$21.50 per hour of delay. This suggests that the cost of congestion12
attributable to rental cars statewide is at least $74 million per year, and13
likely higher. This impact from rental cars can be mitigated with new14
investments in transit and rail. Investment in passenger rail systems and15
additional revenue service miles of transit will offset VMT and reduce16
congestion.17
(j) The fee proposed in this legislation would also be applied to18
the rental of heavy motor vehicles like moving truck rentals, which have19
significantly higher wear and tear impacts to Colorado roads than20
traditional passenger vehicles;21
(k) The federal government has made available billions of dollars22
to states, local governments, and private entities in the 2021 bipartisan23
"Infrastructure Investment and Jobs Act". These federal grants usually24
provide an 80% federal share and require only a 20% match from the25
grant recipient, making passenger rail expansion a cost-effective tool for26
reducing congestion but requiring more state matching money to access27
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-6- federal dollars.1
(l) Having adequate money to provide the non-federal match for2
federal grants is essential to allow Colorado to take advantage of this3
federal money;4
(m) In 2021, the general assembly created the front range5
passenger rail district. The Colorado department of transportation's6
(CDOT) transit and rail division (division) is conducting a service7
development plan for front range passenger rail to advance the direction8
of that law. In October 2023, the transportation commission approved9
funds to commence a service development plan for the northern rocky10
mountain rail corridor extending from Denver through northwest11
Colorado and long distance bus service expansion. The division will12
complete these projects and continue to support project planning for13
associated projects.14
(n) Front range passenger rail would connect communities from15
Fort Collins through Denver on to Trinidad through new passenger rail16
service, shaping development in our state for generations to come and17
unlocking smart urban planning decisions, density around transit hubs,18
and mobility options for those who cannot access a car;19
(o) As Colorado continues to invest in smart, dense20
transit-oriented development, it needs high-capacity mass transit to help21
meet the travel demands of residents, and density itself supports the22
implementation of mass transit because higher levels of density and23
transit service are strongly correlated with a reduction in vehicle miles24
traveled and general car use, which helps increase affordability for25
residents;26
(p) Urgent action is also required to fulfill our commitment to27
184
-7- equity for a just transition for energy impacted communities such as Craig1
and Hayden that have coal plants completely closing as soon as 2028. As2
coal plant closures happen and the existing freight business ends with it,3
we must ensure continuous use of that existing rail line through utilization4
for passenger rail. As freight traffic volumes, types, and commodities5
shift and change, we have an opportunity to partner with the freight rail6
system for dual use of existing freight rail lines to include northern rocky7
mountain passenger rail service. Establishing passenger rail service from8
Union Station to west Jefferson County, Winter Park, Steamboat Springs,9
Craig, and Hayden is a just transition strategy that also reduces traffic10
congestion in the interstate highway 70 mountain corridor. This train line11
uniquely fulfills several objectives of the state including relieving traffic12
congestion in mountain corridors, supporting affordable housing for the13
local workforce, and aiding coal-dependent communities in enhancing14
and diversifying their economies.15
(q) The southern segment of front range passenger rail is as16
important as the north segment and the proposed northern rocky mountain17
rail service. It is imperative that the state continue to pursue this18
important segment that completes the vision for the full front range19
passenger rail and is a linchpin to the new federal long distance plan for20
the country that would create two new long distance service routes21
through Trinidad connecting to the full proposed front range passenger22
rail route. The new proposed long distance study map makes Colorado's23
full front range rail route essential to a new route connecting through24
Trinidad, Colorado to Albuquerque, New Mexico on to Phoenix, Arizona,25
and an additional new route that would connect Trinidad to Amarillo,26
Texas, to Dallas, Texas, and on to Houston, Texas. This makes the27
184
-8- southern segment of front range passenger rail not just an important1
Colorado transportation solution but also of national importance to the2
future national rail passenger rail network.3
(r) In addition to the proposed future passenger rail service for the4
northern Rocky Mountains, there are multiple other underutilized or5
abandoned freight rail rights-of-way that could be repurposed for6
passenger rail service to connect mountain communities with the front7
range, and the state should continue to explore opportunities for8
establishing more passenger rail services.9
(s) Efforts to expand passenger rail must be complemented by the10
expansion of a more comprehensive statewide bus system, especially on11
key corridors like interstate highways 70 and 25, building on the12
successes of initiatives like CDOT's Bustang, Snowstang, and Pegasus13
bus services, with a commitment to improving convenience, and14
accessibility for all Coloradans and contributing to reductions in GHG15
emissions and traffic congestion.16
(2) The general assembly further finds and declares that:17
(a) The Colorado high performance transportation enterprise,18
which has been doing business as the Colorado transportation investment19
office (CTIO) since 2021, has a strong track record of using user fee20
revenue to support the development of surface transportation projects21
with the primary objective of alleviating traffic congestion within the22
state;23
(b) The CTIO has historically supported multi-modal24
transportation through the expansion of commuting options in express25
lanes and the distribution of transit passes to low-income residents, but26
with the creation of the new dedicated revenue source provided for in this27
184
-9- act must now utilize its existing power and charge, as set forth in its1
enabling legislation, to fund transit and rail projects to further reduce2
traffic congestion on our highway system;3
(c) It is necessary and appropriate to direct the CTIO to update its4
strategic plan to incorporate policies implementing legislative direction5
in Senate Bill 21-260, which tasked the transportation commission to6
establish GHG pollution reduction planning standards and to contribute7
to the state's implementation of House Bill 19-1261, which established8
GHG reduction goals for the state;9
(d) A major barrier to expanding transit and rail in the state of10
Colorado is a lack of financing infrastructure and a dedicated revenue11
source;12
(e) The state needs a more equitable transportation system that13
mitigates the impact that automobiles place on the public highway system,14
and the state lacks the dedicated revenue source for transit and rail that is15
needed to fund such a system and mitigate those impacts;16
(f) This act directs the regional transportation district (RTD), the17
front range passenger rail district (FRPRD), the transportation18
commission and the board of directors of the high-performance19
transportation enterprise to develop a plan for using their joint authorities20
and funding streams to deliver the first phase of front range passenger rail21
from Denver to Fort Collins and to use existing contracts to the extent22
possible to facilitate the best means to deliver that project and to conduct23
rail traffic controller modeling and other analyses for intercity passenger24
rail from Union Station to Fort Collins for at least two scenarios,25
including a scenario of three round trips per day and a scenario of five26
round trips per day;27
184
-10- (g) As it is the desire of the general assembly to ensure not just1
train service from Union Station to Fort Collins, but also daily service2
from Trinidad to Pueblo to Fort Collins, this act also requires the FRPRD:3
(I) To report to the general assembly regarding a plan and an4
expeditious timeline by which the FRPRD will implement the whole5
front-range rail train service from Fort Collins to Pueblo and Trinidad;6
and7
(II) To report periodically to the general assembly regarding its8
planning and implementation progress and the barriers and challenges it9
faces for extending service to the southern portion of the FRPRD,10
encouraging the inclusion in each report of a detailed analysis of the11
extent of coordination among the host rail companies; and12
(h) In the near term, it is necessary and appropriate for CTIO to13
use the new dedicated revenue stream provided for in this act to finance14
service that originates from the service development plan for front range15
passenger rail, the service development plan for the northern rocky16
mountain rail corridor, the aforementioned statewide bus expansion study,17
and other strategies to increase the use of public transportation.18
(3) The general assembly further finds and declares that:19
(a) The division will complete a report on the status of a service20
development plan for the northern rocky mountain rail corridor by21
December 31, 2024;22
(b) The division has identified potential private partners to operate23
new passenger rail services along the northern rocky mountain rail24
corridor;25
(c) Western slope communities in Grand, Routt, and Moffat26
counties have existing and emerging transportation needs that are27
184
-11- currently underserved; and1
(d) As it is the intent of the general assembly to ensure not only2
expanded passenger rail service from Denver to Winter Park but also to3
establish passenger rail service from Denver to Craig and Hayden, this act4
also requires the division:5
(I) To report to the general assembly regarding a plan and an6
expeditious timeline by which CDOT will deliver passenger rail service7
from Denver to the Hayden and Craig communities; and8
(II) To report periodically to the general assembly regarding its9
planning and implementation progress and barriers and challenges it faces10
for extending service along the full length of the northern rocky mountain11
rail corridor.12
SECTION 2. In Colorado Revised Statutes, 29-1-203.5, amend13
(1)(a) as follows:14
29-1-203.5. Separate legal entity established under section15
29-1-203 - legal status - authority to exercise special district powers16
- additional financing powers. (1) (a) Any combination of counties,17
municipalities, special districts, or other political subdivisions of this state18
that are each authorized to own, operate, finance, or otherwise provide19
public improvements, functions, services, or facilities may enter into a20
contract under section 29-1-203 to establish a separate legal entity to21
provide any such public improvements, functions, services, or facilities.22
I
N ADDITION, SUCH A SEPARATE LEGAL ENTITY MAY BE ESTABLISHED AS
23
AUTHORIZED BY SECTIONS 32-19-119 (1)(w.5), 32-22-106 (1)(s.5),24
43-1-106 (8)(q.5),
AND 43-4-806 (6)(p.5). Any separate legal entity
25
established is a political subdivision and public corporation of the state26
and is separate from the parties to the contract if the contract or an27
184
-12- amendment to the contract states that the entity is formed in conformity1
with the provisions of this section and that the provisions of this section2
apply to the entity.3
SECTION 3. In Colorado Revised Statutes, 32-9-107.5, add4
(1)(e) as follows:5
32-9-107.5. Regional fixed guideway mass transit system -6
authorization - completion of northwest rail fixed guideway corridor7
as first phase of front range passenger rail service - legislative8
declarations. (1) (e) T
HE GENERAL ASSEMBLY FURTHER DECLARES THAT :9
(I) T
HE COMPLETION OF CONSTRUCTION OF A FIXED GUIDEWAY10
MASS TRANSIT SYSTEM IN THE DISTRICT'S NORTHWEST FIXED GUIDEWAY11
CORRIDOR BETWEEN UNION STATION IN DENVER AND LONGMONT, WHICH12
WAS PROMISED AS PART OF THE DISTRICT 'S FASTRACKS TRANSIT13
EXPANSION PROGRAM APPROVED BY THE VOTERS OF THE DISTRICT IN 200414
BUT CURRENTLY OPERATES ONLY BETWEEN UNION STATION AND15
W
ESTMINSTER, WILL HELP REBUILD CONFIDENCE IN THE DISTRICT, AND IT16
IS OF CRITICAL IMPORTANCE THAT EVERY EFFORT BE MADE TO SECURE17
SUFFICIENT FUNDING TO QUICKLY COMPLETE THAT CORRIDOR ;
18
(II) T
HERE IS AN OPPORTUNITY TO OBTAIN SIGNIFICANT FEDERAL19
MONEY FOR THE COMPLETION OF THE FIXED GUIDEWAY MASS TRANSIT20
SYSTEM IN THE DISTRICT'S NORTHWEST FIXED GUIDEWAY CORRIDOR IF21
SERVICE EXTENDS BEYOND THE BOUNDARIES OF THE DISTRICT TO FORT22
C
OLLINS AND QUALIFIES AS INTERCITY RAIL AS A FIRST PHASE OF FRONT23
RANGE PASSENGER RAIL SERVICE; AND24
(III) A
CCELERATING THE PROVISION OF FIXED GUIDEWAY SERVICE25
ON THE NORTHWEST RAIL CORRIDOR AS THE FIRST PHASE OF FRONT RANGE26
PASSENGER RAIL SERVICE WILL NOT IN ANY WAY SLOW PLANNING ,27
184
-13- DEVELOPMENT, GRANT SEEKING, OR OTHER ACTIVITIES NEEDED FOR THE1
EXPEDITIOUS DELIVERY OF THE REMAINING ELEMENTS OF FRONT RANGE2
PASSENGER RAIL SERVICE OR UNFINISHED FASTRACKS PROJECTS.3
F
URTHER, EXISTING DISTRICT SERVICE WILL NOT BE IMPACTED OR
4
SACRIFICED AS A RESULT OF PLANNING AND DELIVERY OF THE FIRST PHASE5
OF FRONT RANGE PASSENGER RAIL SERVICE . BY COMPLETING THE6
NORTHWEST PORTION OF FRONT RANGE PASSENGER RAIL SERVICE , WHICH7
WAS STATUTORILY REQUIRED TO BE PRIORITIZED IN THE LEGISLATION8
THAT CREATED THE FRONT RANGE PASSENGER RAIL DISTRICT , THE9
GENERAL ASSEMBLY INTENDS TO EXPEDITE COMPLETION OF THE ENTIRE10
RAIL SERVICE.11
SECTION 4. In Colorado Revised Statutes, 32-9-107.7, add (3)12
as follows:13
32-9-107.7. Regional fixed guideway mass transit systems -14
construction - front range passenger rail service - authorization -15
completion of northwest rail fixed guideway corridor - limited16
operations outside district. (3) THE DISTRICT MAY EXTEND17
CONSTRUCTION AND OPERATIONS OF THE NORTHWEST RAIL FIXED18
GUIDEWAY CORRIDOR BEYOND THE BOUNDARIES OF THE DISTRICT IF ANY19
AND ALL CAPITAL AND OPERATING EXPENSES THAT IT UNDERTAKES20
OUTSIDE THE DISTRICT ARE FULLY ACCOUNTED FOR AND REIMBURSED TO21
THE DISTRICT BY A PUBLIC BODY.22
23
SECTION 5. In Colorado Revised Statutes, 32-9-119, add24
(1)(w.5) as follows:25
32-9-119. Additional powers of district. (1) In addition to any26
other powers granted to the district in this article, the district has the27
184
-14- following powers:1
(w.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN2
DEVELOPED AS REQUIRED BY SECTION 32-22-103 (5),
TO ENTER INTO A3
STANDALONE INTER GOVERNMENTAL AGREEMENT WITH OR CREATE A4
SEPARATE LEGAL ENTITY PURSUANT TO SECTIONS 29-1-203 AND5
29-1-203.5
OR PURSUANT TO ARTICLES 121 TO 137 OF TITLE 7
WITH THE6
DEPARTMENT OF TRANSPORTATION , THE HIGH-PERFORMANCE7
TRANSPORTATION ENTERPRISE , CREATED IN SECTION 43-4-806 (2)(a)(I),8
AND THE FRONT RANGE PASSENGER RAIL DISTRICT , CREATED IN SECTION9
32-22-103
(1), TO IMPLEMENT THE COMPLETION OF CONSTRUCTION AND10
OPERATION OF THE NORTHWEST FIXED GUIDEWAY CORRIDOR , INCLUDING11
AN EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE FIRST PHASE12
OF FRONT RANGE PASSENGER RAIL SERVICE ;13
SECTION 6. In Colorado Revised Statutes, 32-22-103, add (5)
14
as follows:15
32-22-103. Front range passenger rail district - creation -16
purpose - boundaries - reports. (5) (a) I
N PURSUING THE COMPLETION
17
OF CONSTRUCTION AND OPERATION OF THE NORTHWEST FIXED GUIDEWAY18
CORRIDOR, INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS19
AS THE FIRST PHASE OF FRONT RANGE PASSENGER RAIL SERVICE , THE20
DISTRICT, THE DEPARTMENT OF TRANSPORTATION , THE21
HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE , CREATED IN SECTION22
43-4-806 (2)(a)(I),
AND THE REGIONAL TRANSPORTATION DISTRICT ,
23
CREATED IN SECTION 32-9-105 , SHALL PROVIDE A REPORT CONTAINING AN24
IMPLEMENTATION PLAN FOR CONSTRUCTION AND OPERATIONS OF THE25
CORRIDOR TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE ,26
CREATED IN SECTION 43-2-145 (1)(a), OR ITS SUCCESSOR COMMITTEE, AND27
184
-15- TO THE GOVERNOR NO LATER THAN SEPTEMBER 30, 2024. THE1
IMPLEMENTATION PLAN MUST :2
(I) I
DENTIFY ALL ONGOING OR COMP LETED STUDIES AND SERVICE
3
DEVELOPMENT PLANS THAT COULD BE LEVERAGED TO ACCELERATE4
APPROVAL AND PERMITTING AND REQUIRE THE DISTRICT AND THE5
DEPARTMENT OF TRANSPORTATION TO USE EXISTING CONTRACTS TO THE6
EXTENT POSSIBLE TO CONDUCT RAIL TRAFFIC CONTROLLER MODELING AND7
OTHER ANALYSES FOR INTERCITY PASSENGER RAIL SERVICE FROM UNION8
S
TATION TO FORT COLLINS FOR AT LEAST TWO SCENARIOS, INCLUDING A
9
SCENARIO OF THREE ROUND TRIPS PER DAY AND A SCENARIO OF FIVE10
ROUND TRIPS PER DAY;11
(II) I
DENTIFY AND EVALUATE OPTIONS FOR CREATING A NEW
12
STANDALONE ENTITY SUCH AS A COLORADO RAIL AUTHORITY, A SEPARATE13
LEGAL ENTITY CREATED PURSUANT TO SECTIONS 29-1-203 AND14
29-1-203.5,
A SEPARATE LEGAL ENTITY CREATED PURSUANT TO ARTICLES
15
121
TO 137 OF TITLE 7, OR A STANDALONE INTERGOVERNMENTAL
16
AGREEMENT AS A BUSINESS MODEL WITH A GOAL OF CREATING SUCH A17
SEPARATE LEGAL ENTITY OR EXECUTING SUCH AN AGREEMENT NO LATER18
THAN DECEMBER 31, 2024; AND19
(III) E
XPLORE THE VIABILITY OF AMTRAK OR OTHER ENTITIES AS
20
POTENTIAL OPERATORS FOR INTERCITY PASSENGER RAIL SERVICE .21
(b) I
N ADDITION TO THE REPORT REQUIRED BY SUBSECTION (5)(a)
22
OF THIS SECTION, NO LATER THAN MARCH 1, 2025, THE DISTRICT, THE23
DEPARTMENT OF TRANSPORTATION , THE HIGH-PERFORMANCE24
TRANSPORTATION ENTERPRISE , CREATED IN SECTION 43-4-806 (2)(a)(I),25
THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN SECTION26
32-9-105,
AND ANY SEPARATE LEGAL ENTITY CREATED PURSUANT TO
27
184
-16- SECTIONS 29-1-203 AND 29-1-203.5 OR ARTICLES 121 TO 137 OR TITLE 71
SHALL PROVIDE A REPORT CONCERNING A PLAN TO BEGIN PROVIDING2
FRONT RANGE PASSENGER RAIL SERVICE NO LATER THAN JANUARY 1,3
2029,
TO THE HOUSE OF REPRESENTATIVES TRANSPORTATION , HOUSING
4
AND LOCAL GOVERNMENT COMMITTEE AND THE SENATE TRANSPORTATION5
AND ENERGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES , AND THE6
GOVERNOR. WHEN DEVELOPED, THE PLAN MUST INCLUDE DESCRIPTIONS7
OF STEPS TAKEN TO MAXIMIZE THE CHANCES OF SECURING FEDERAL8
GRANT ASSISTANCE, INCLUDING POLICIES AND STRATEGIES RELATING TO9
REDUCING CLIMATE IMPACTS, PROVIDING FOR ALL-HAZARDS RESILIENCE,10
ENHANCING BENEFITS TO UNDERSERVED COMMUNITIES , AND PROMOTING11
INVESTMENTS IN HIGH-QUALITY WORKFORCE DEVELOPMENT PROGRAMS ,12
AND OF HOW THE PROJECT WILL CREATE GOOD -PAYING, HIGH-QUALITY,13
AND SAFE JOBS. THE PARTIES SHALL COORDINATE WITH STAKEHOLDERS ,14
INCLUDING LABOR ORGANIZATIONS , AFFECTED COMMUNITIES ,15
UNDERSERVED COMMUNITIES , LOCAL GOVERNMENTS , ENVIRONMENTAL16
ORGANIZATIONS, AND BUSINESSES, ON THE DEVELOPMENT OF THE PLAN .17
T
HE REPORT SHALL INCLUDE AN ASSESSMENT OF WHETHER ADDITIONAL
18
REVENUE IS NEEDED TO SUPPORT SUCH SERVICE AND , IF SO,19
RECOMMENDED SOURCES OF SUCH FUNDING .20
(c) I
N ADDITION TO THE REPORTS REQUIRED IN SUBSECTIONS (5)(a)
21
AND (5)(b) OF THIS SECTION, IF FRONT RANGE PASSENGER SERVICE HAS22
NOT BEGUN BY JANUARY 1, 2029, THE DISTRICT, IN COOPERATION WITH23
THE DEPARTMENT OF TRANSPORTATION , THE HIGH-PERFORMANCE24
TRANSPORTATION ENTERPRISE , CREATED IN SECTION 43-4-806 (2)(a)(I),25
THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN SECTION26
32-9-105,
AND ANY SEPARATE LEGAL ENTITY CREATED PURSUANT TO
27
184
-17- SECTIONS 29-1-203 AND 29-1-203.5 OR ARTICLES 121 TO 137 OF TITLE 71
SHALL PROVIDE A REPORT DETAILING THE REASONS WHY SUCH SERVICE2
HAS NOT BEGUN AND A DETAILED PLAN FOR PROVIDING SERVICE ON3
J
ANUARY 1, 2029, AND EACH SIX MONTHS THEREAFTER UNTIL SERVICE IS
4
INITIATED.5
SECTION 7. In Colorado Revised Statutes, 32-22-106, amend6
(1)(s); and add (1)(s.5) as follows:7
32-22-106. District - general powers and duties - funds8
created. (1) In addition to any other powers granted to the district by this9
article 22, the district has the following powers:10
(s) To accept gifts, grants, and donations, whether cash or in-kind11
in nature, from private or public sources for the purposes of this article12
22; and13
(s.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
OR PURSUANT TO ARTICLES 121 TO 137 OF TITLE 7
WITH THE18
DEPARTMENT OF TRANSPORTATION , THE HIGH-PERFORMANCE19
TRANSPORTATION ENTERPRISE , CREATED IN SECTION 43-4-806 (2)(a)(I),20
AND THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN SECTION21
32-9-105,
TO IMPLEMENT THE COMPLETION OF CONSTRUCTION AND22
OPERATION OF THE REGIONAL TRANSPORTATION DISTRICT 'S NORTHWEST23
FIXED GUIDEWAY CORRIDOR, INCLUDING AN EXTENSION OF THE CORRIDOR24
TO FORT COLLINS AS THE FIRST PHASE OF FRONT RANGE PASSENGER RAIL25
SERVICE;26
SECTION 8.
In Colorado Revised Statutes, 43-1-106, add27
184
-18- (8)(q.5) as follows:1
43-1-106. Transportation commission - efficiency and2
accountability committee - powers and duties - rules - definitions.3
(8) In addition to all other powers and duties imposed upon it by law, the4
commission has the following powers and duties:5
(q.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN6
DEVELOPED AS REQUIRED BY SECTION 32-9-107.7 (4), AND ON BEHALF OF7
THE DEPARTMENT, TO ENTER INTO A STANDALONE INTERGOVERNMENTAL8
AGREEMENT WITH OR CREATE A SEPARATE LEGAL ENTITY PURSUANT TO9
SECTIONS 29-1-203 AND 29-1-203.5 OR PURSUANT TO ARTICLES 121 TO
10
137
OF TITLE 7
WITH THE REGIONAL TRANSPORTATION DISTRICT , CREATED11
IN SECTION 32-9-105, THE FRONT RANGE PASSENGER RAIL DISTRICT ,12
CREATED IN SECTION 32-22-103 (1), AND THE HIGH-PERFORMANCE13
TRANSPORTATION ENTERPRISE , CREATED IN SECTION 43-4-806 (2)(a)(I),14
TO IMPLEMENT THE COMPLETION OF CONSTRUCTION AND OPERATION OF15
THE REGIONAL TRANSPORTATION DISTRICT 'S NORTHWEST FIXED16
GUIDEWAY CORRIDOR, INCLUDING AN EXTENSION OF THE CORRIDOR TO17
F
ORT COLLINS AS THE FIRST PHASE OF FRONT RANGE PASSENGER RAIL18
SERVICE;19
SECTION 9. In Colorado Revised Statutes, 43-1-117.5, add (5)
20
as follows:21
43-1-117.5. Transit and rail division - created - powers and22
duties - pilot project to expand transit - reports - repeal. (5) (a) T
HE
23
TRANSIT AND RAIL DIVISION SHALL PROVIDE A REPORT CONTAINING A24
DEVELOPMENT PLAN FOR ROCKY MOUNTAIN RAIL SERVICE TO THE HOUSE25
OF REPRESENTATIVES TRANSPORTATION , HOUSING AND LOCAL26
GOVERNMENT COMMITTEE AND THE SENATE TRANSPORTATION AND27
184
-19- ENERGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES , AND THE1
GOVERNOR NO LATER THAN DECEMBER 31, 2024.2
(b) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2025.
3
SECTION 10. In Colorado Revised Statutes, add 43-1-132 as4
follows:5
43-1-132. Front range passenger rail service - annual status6
reports. (1) N
O LATER THAN SEPTEMBER 30, 2024, AND SEPTEMBER 307
OF EACH YEAR THEREAFTER , THE DEPARTMENT AND THE FRONT RANGE8
PASSENGER RAIL DISTRICT, CREATED IN SECTION 32-22-103 (1) SHALL9
JOINTLY REPORT TO THE TRANSPORTATION LEGISLATION REVIEW10
COMMITTEE, CREATED IN SECTION 43-2-145 (1)(a), OR ITS SUCCESSOR11
COMMITTEE, AND THE GOVERNOR REGARDING THE STATUS OF THE SERVICE12
DEVELOPMENT PLAN FOR FRONT RANGE PASSENGER RAIL SERVICE13
BETWEEN TRINIDAD, PUEBLO, AND FORT COLLINS. THE REPORT MUST14
INCLUDE, AT A MINIMUM:15
(a) A
DESCRIPTION OF THE EFFORTS OF THE DEPARTMENT AND THE16
DISTRICT TO COORDINATE WITH AFFECTED ENTITIES , INCLUDING HOST
17
RAILROADS, THE FEDERAL RAILROAD ADMINISTRATION, OTHER POTENTIAL18
OPERATORS, AND AMTRAK, AND THE EXTENT TO WHICH AND MANNER IN19
WHICH SUCH AFFECTED ENTITIES RESPONDED TO THOSE EFFORTS ; AND20
(b) A
PLAN FOR FULL IMPLEMENTATION OF FRONT RANGE21
PASSENGER RAIL SERVICE AS SOON AS PRACTICABLE THAT INCLUDES PLANS22
FOR UPCOMING BALLOT MEASURES , FEDERAL GRANTS, AND OTHER23
POSSIBLE INTERIM OPTIONS FOR FINANCING NECESSARY INFRASTRUCTURE24
AND OPERATIONS. THE PLAN MUST INCLUDE DESCRIPTIONS OF STEPS
25
TAKEN TO MAXIMIZE THE CHANCES OF SECURING FEDERAL GRANT26
ASSISTANCE, INCLUDING POLICIES AND STRATEGIES RELATING TO27
184
-20- REDUCING CLIMATE IMPACTS, PROVIDING FOR ALL-HAZARDS RESILIENCE,1
ENHANCING BENEFITS TO UNDERSERVED COMMUNITIES , AND PROMOTING2
INVESTMENTS IN HIGH-QUALITY WORKFORCE DEVELOPMENT PROGRAMS ,3
AND OF HOW THE PROJECT WILL CREATE GOOD -PAYING, HIGH-QUALITY,4
AND SAFE JOBS. THE PARTIES SHALL COORDINATE WITH STAKEHOLDERS ,5
INCLUDING LABOR ORGANIZATIONS , AFFECTED COMMUNITIES ,6
UNDERSERVED COMMUNITIES , LOCAL GOVERNMENTS , ENVIRONMENTAL7
ORGANIZATIONS, AND BUSINESSES, ON THE DEVELOPMENT OF THE PLAN .8
(2) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-1369
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS10
SECTION CONTINUES INDEFINITELY.11
SECTION 11.
In Colorado Revised Statutes, 43-4-803, amend12
(11), (22), and (27); and add (23.5) as follows:13
43-4-803. Definitions. As used in this part 8, unless the context14
otherwise requires:15
(11) "Designated bridge project" means a project that involves the16
repair, reconstruction, replacement, or ongoing operation or maintenance,17
or any combination thereof, of a designated bridge by the bridge18
enterprise pursuant to an agreement between the
BRIDGE enterprise and19
the commission or department authorized by section 43-4-805 (5)(f). A20
fair-rated bridge may be included in a designated bridge project or other21
project involving the repair, replacement, or reconstruction of a22
designated bridge if including the fair-rated bridge is an efficient use of23
the bridge enterprise's resources and will result in cost savings or24
schedule acceleration for a project that will improve safety.25
(22) "Surface transportation infrastructure" means a highway, a26
bridge other than a designated bridge, or any other infrastructure, facility,27
184
-21- or equipment used primarily or in large part to transport people AND1
MOVE FREIGHT on systems that operate on or are affixed to the ground,2
INCLUDING PASSENGER RAIL, BUS, OR OTHER PUBLIC TRANSPORTATION3
VEHICLES.4
(23.5) "S
URFACE TRANSPORTATION INFRASTRUCTURE PROJECT5
NETWORK" MEANS ALL EXISTING OR PLANNED SURFACE TRANSPORTATION6
INFRASTRUCTURE PROJECTS.7
8
(27) "User fee" means compensation to be paid to the9
transportation enterprise or a partner of the transportation enterprise,10
INCLUDING THE CONGESTION IMPACT FEE IMPOSED BY THE11
TRANSPORTATION ENTERPRISE PURSUANT TO SECTION 43-4-806 (7.6), for12
the privilege of
EITHER using surface transportation infrastructure13
constructed or operated by the transportation enterprise or operated by its14
partner under the terms of a public-private partnership
OR BENEFITTING15
FROM THE REDUCED CONGESTION ON AND IMPROVED C ONDITION OF OTHER16
SURFACE TRANSPORTATION INFRASTRUCTURE IN THE STATE RESULTING17
FROM THE AVAILABILITY OF SURFACE TRANSPORTATION INFRASTRUCTURE18
CONSTRUCTED OR OPERATED BY THE TRANSPORTATION ENTERPRISE OR19
OPERATED BY ITS PARTNER UNDER THE TERMS OF A PUBLIC -PRIVATE20
PARTNERSHIP AND FROM THE OPPORTUNITY TO USE SUCH SURFACE21
TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR OPERATED BY THE22
TRANSPORTATION ENTERPRISE AND SUCH OTHER LESS CONGESTED AND23
IMPROVED SURFACE TRANSPORTATION INFRASTRUCTURE .24
SECTION 12.
In Colorado Revised Statutes, 43-4-804, amend25
(1)(b)(II) as follows:26
43-4-804. Highway safety projects - surcharges and fees -27
184
-22- crediting of money to highway users tax fund - definition. (1) The1
following surcharges, fees, and fines shall be collected and credited to the2
highway users tax fund created in section 43-4-201 (1)(a) and allocated3
to the state highway fund, counties, and municipalities as specified in4
section 43-4-205 (6.3):5
(b) (II) A person who collects the daily vehicle rental fee imposed6
by subparagraph (I) of this paragraph (b) SUBSECTION (1)(b)(I) OF THIS7
SECTION and who pays specific ownership tax on the vehicles rented in8
the manner specified in either section 42-3-107 (11) or (12), C.R.S., or9
both, shall, no later than the twentieth day of each month, submit to the10
department of revenue a report, using forms furnished by the department11
of revenue, of daily vehicle rental fees collected for the preceding month12
and shall include with the report the remittance of all such fees. A person13
who collects the daily vehicle rental fee imposed by subparagraph (I) of14
this paragraph (b) SUBSECTION (1)(b)(I) OF THIS SECTION but does not pay15
specific ownership tax on the vehicles in the manner specified in either16
section 42-3-107 (11) or (12), C.R.S., or both, shall submit the report and17
the remittance of fees collected in the same manner or in such other18
manner as the executive director of the department of revenue may19
prescribe by rules promulgated in accordance with article 4 of title 24.20
C.R.S. The executive director of the department of revenue shall forward21
all daily vehicle rental fees collected,
TOGETHER WITH ALL CONGESTION22
IMPACT FEES IMPOSED BY THE TRANSPORTATION ENTERPRISE PURSUANT23
TO SECTION 43-4-806 (7.6) COLLECTED, to the state treasurer who
AND24
SHALL IDENTIFY THE AMOUNTS OF EACH FEE BEING FORWARDED . THE25
STATE TREASURER shall credit the daily vehicle rental fees IMPOSED26
PURSUANT TO SUBSECTION (1)(b)(I)(A) OF THIS SECTION to the highway27
184
-23- users tax fund AND SHALL CREDIT THE CONGESTION IMPACT FEES IMPOSED1
BY THE TRANSPORTATION ENTERPRISE PURSUANT TO SECTION 43-4-8062
(7.6)
TO THE TRANSPORTATION SPECIAL FUND AS REQUIRED BY SECTION3
43-4-806 (7.6)(b).4
SECTION 13.
In Colorado Revised Statutes, 43-4-806, amend5
(1)(a), (2)(a)(III)(B), (2)(c)(I), (3)(a), (3)(c), (5), (6) introductory portion,6
(6)(p), (9)(a), and (10)(a); and add (1.5), (6)(p.5), (7.6), (7.7), (7.8),7
and (10)(c) as follows:8
43-4-806. Colorado transportation investment office - creation9
- enterprise status - board - funds - powers and duties - user fees -10
limitations - reporting requirements - violations on the peak period11
shoulder lanes - legislative declaration - definitions. (1) The general12
assembly hereby finds and declares that:13
(a) It is necessary, appropriate, and in the best interests of the state14
for the state to aggressively pursue innovative means of more efficiently15
financing important surface transportation infrastructure projects that will16
improve the safety, capacity, and accessibility of the surface17
transportation system,
PROVIDE DIVERSE, MULTIMODAL TRANSPORTATION18
OPTIONS THAT REDUCE TRAFFIC CONGESTION AND DEGRADATION OF19
EXISTING SURFACE TRANSPORTATION INFRASTRUCTURE AND OFFER MORE20
TRANSPORTATION CHOICES FOR SYSTEM USERS , can feasibly be21
commenced in a reasonable amount of time, will allow more efficient22
movement of people, goods, and information throughout the state, and23
will accelerate the economic recovery of the state;24
(1.5) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES25
THAT:26
(a) (I) T
HE TRANSPORTATION ENTERPRISE PROVIDES BOTH27
184
-24- SERVICES TO PERSONS WHO PAY USER FEES FOR THE PRIVILEGE OF USING1
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS AND ADDITI ONAL2
IMPACT REMEDIATION SERVICES TO ALL PERSONS WHO USE OR INDIRECTLY3
BENEFIT FROM THE USE OF THE SURFACE TRANSPORTATION4
INFRASTRUCTURE PROJECT NETWORK AND OTHER SURFACE5
TRANSPORTATION INFRASTRUCTURE IN THE STATE BY COMPLETING AND6
OPERATING SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS THAT7
REDUCE WEAR AND TEAR ON AND INCREASE THE RELIABILITY , SAFETY,8
AND EXPECTED USEFUL LIFE OF STATE HIGHWAYS AND BRIDGES , REDUCE9
TRAFFIC CONGESTION AND ATTENDANT DELAYS , PROVIDE ADDITIONAL10
TRANSPORTATION OPTIONS , REDUCE EMISSIONS FROM AIR POLLUTANTS11
AND GREENHOUSE GAS POLLUTANTS FROM MOTOR VEHICLES , AND REDUCE12
THE ADVERSE ENVIRONMENTAL AND HEALTH IMPACTS OF SUCH EMISSIONS ;13
AND14
(II) B
Y PROVIDING SERVICES AS AUTHORIZED BY THIS PART 8, THE15
TRANSPORTATION ENTERPRISE ENGAGES IN AN ACTIVITY CONDUCTED IN16
THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD AND GENERATES17
REVENUE BY COLLECTING FEES FROM SERVICES USERS , AND THEREFORE18
OPERATES AS A BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF19
THE COLORADO SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY20
A
UTHORITY, 896 P.2D 859 (COLO. 1995), AND THE COLORADO COURT OF21
APPEALS IN TABOR FOUNDATION V. COLORADO BRIDGE ENTERPRISE,22
2014COA
106;23
(b) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO24
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89625
P.2d 859
(COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS26
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE27
184
-25- X OF THE STATE CONSTITUTION AND THE DETERMINATION OF THE1
C
OLORADO SUPREME COURT IN COLORADO UNION OF TAXPAYERS2
F
OUNDATION V. CITY OF ASPEN, 2018 CO 36, THAT A CHARGE IS NOT A TAX3
IF THE PRIMARY PURPOSE OF THE CHARGE IS TO NOT TO RAISE REVENUE4
FOR GENERAL GOVERNMENTAL PURPOSES , IT IS THE CONCLUSION OF THE5
GENERAL ASSEMBLY THAT THE REVENUE COLLECTED BY THE6
TRANSPORTATION ENTERPRISE FROM USER FEES IS GENERATED BY FEES ,7
NOT TAXES, BECAUSE THE USER FEES IMPOSED BY THE TRANSPORTATION8
ENTERPRISE:9
(I) A
RE IMPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE10
TRANSPORTATION ENTERPRISE TO DEFRAY THE COSTS OF COMPLETING ,11
OPERATING, AND MAINTAINING THE SURFACE TRANSPORTATION12
INFRASTRUCTURE PROJECT NETWORK ;13
(II) T
HEREBY:14
(A) F
UND THE SPECIFIC BENEFIT OF THE PRIVILEGE OF ACCESSING15
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS FOR USER FEE16
PAYERS;17
(B) F
UND ADDITIONAL BENEFITS OF THE REMEDIATION SERVICES18
PROVIDED BY THE TRANSPORTATION ENTERPRISE , INCLUDING REDUCTION19
OF TRAFFIC CONGESTION AND ATTENDANT DELAYS , PROVISION OF20
ADDITIONAL TRANSPORTATION OPTIONS , REDUCED EMISSIONS FROM AIR21
POLLUTANTS AND GREENHOUSE GAS POLLUTANTS FROM MOTOR VEHICLES ,22
AND REDUCED ADVERSE ENVIRONMENTAL AND HEALTH IMPACTS OF SUCH23
EMISSIONS CAUSED BY THE USE OF MOTOR VEHICLES , FOR USER FEE24
PAYERS; AND25
(III) W
ILL BE COLLECTED AT RATES THAT ARE REASONABLY26
CALCULATED BY THE TRANSPORTATION ENTERPRISE BOARD BASED ON THE27
184
-26- COSTS OF PROVIDING THE BENEFITS PROVIDED TO USER FEE PAYERS AND1
THE COSTS OF REMEDIATING THE IMPACTS CAUSED BY FEE PAYERS .2
(2) (a) (III) (B) The powers, duties, and functions of the3
department of transportation ENTERPRISE include the powers, duties, and4
functions of the statewide tolling enterprise, created in the commission5
DEPARTMENT pursuant to section 43-4-803 (1), prior to the repeal and6
reenactment of said section by Senate Bill 09-108, enacted in 2009, and7
the statewide tolling enterprise is abolished.8
(c) The business purpose of the transportation enterprise is to9
pursue public-private partnerships and other innovative and efficient10
means of completing surface transportation infrastructure projects. To11
allow the transportation enterprise to accomplish this purpose and fully12
exercise its powers and duties through the transportation enterprise board,13
the transportation enterprise may:14
(I) Subject to the limitations specified in section 43-4-808 (3)
AND15
SUBSECTION (7.6) OF THIS SECTION, impose user fees, INCLUDING THE16
CONGESTION IMPACT FEE AUTHORIZED BY SUBSECTION (7.6) OF THIS17
SECTION, for the privilege of using surface transportation infrastructure;18
(3) (a) The statewide transportation enterprise special revenue19
fund, referred to in this part 8 as the "transportation special fund", is20
hereby
created in the state treasury. All revenues REVENUE received by21
the transportation enterprise, including any revenues ALL REVENUE from22
BOTH user fees COLLECTED FROM USERS OF A PARTICULAR SURFACE23
TRANSPORTATION INFRASTRUCTURE PROJECT AND CONGESTION IMPACT24
FEES, collected pursuant to subparagraph (I) of paragraph (c) of25
subsection (2) SUBSECTIONS (2)(c)(I) AND (7.6) of this section, shall MUST26
be deposited into the transportation special fund. The transportation27
184
-27- enterprise board may establish separate accounts within the transportation1
special fund as needed in connection with any specific surface2
transportation infrastructure project. The transportation enterprise also3
may deposit or permit others to deposit other moneys MONEY into the4
transportation special fund, but in no event may revenues REVENUE from5
any tax otherwise available for general purposes be deposited into the6
transportation special fund. The state treasurer, after consulting with the7
transportation enterprise board, shall invest any moneys MONEY in the8
transportation special fund, including any surplus or reserves, but9
excluding any proceeds from the sale of bonds or earnings on such10
proceeds invested pursuant
TO section 43-4-807 (2), that are not needed11
for immediate use. Such moneys
MONEY may be invested in the types of12
investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.13
C.R.S.14
(c) The transportation enterprise shall prepare a separate annual15
accounting of the user fees collected from any surface transportation16
infrastructure project upon which any user fee is imposed except that AND17
OF CONGESTION IMPACT FEES. A partner of the enterprise may prepare the18
annual accounting for a project upon which it imposes a user fee pursuant19
to the terms of a public-private partnership.20
(5) Notwithstanding any other provision of this section, user fee21
revenues shall REVENUE COLLECTED FROM USERS OF A PARTICULAR22
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT MUST be expended23
only for purposes authorized by subsection (3) of this section and only 24
for the surface transportation infrastructure project for which they were25
collected, to address ongoing congestion management needs related to the26
project, or as a portion of the expenditures made for another surface27
184
-28- transportation infrastructure project that is integrated with the project as1
part of a surface transportation system; except that the transportation2
enterprise board may use EXPEND user fee revenues REVENUE from each3
surface transportation infrastructure project in proportion to the total4
amount of such revenues REVENUE generated by the project to pay5
overhead of the transportation enterprise. U
SER FEE REVENUE GENERATED6
BY THE CONGESTION IMPACT FEE IMPOSED BY THE TRANSPORTATION7
ENTERPRISE PURSUANT TO SUBSECTION (7.6) OF THIS SECTION MAY BE8
EXPENDED ON ANY PART OF THE SURFACE TRANSPORTATION9
INFRASTRUCTURE PROJECT NETWORK AND FOR OVERHEAD OF THE10
TRANSPORTATION ENTERPRISE .11
(6) In addition to any other powers and duties specified in this12
section, the transportation enterprise board shall have
HAS the following13
powers and duties:14
(p) To transfer money, property, or other assets of the15
transportation enterprise to the department to the extent necessary to16
implement the financing of any surface transportation infrastructure17
project or for any other purpose authorized in this part 8; and18
(p.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN19
DEVELOPED AS REQUIRED BY SECTION 32-9-107.7 (4), TO ENTER INTO A20
STANDALONE INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A21
SEPARATE LEGAL ENTITY PURSUANT TO SECTIONS 29-1-203 AND22
29-1-203.5
WITH THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN23
SECTION 32-9-105, THE FRONT RANGE PASSENGER RAIL DISTRICT, CREATED24
IN SECTION 32-22-103 (1), AND THE DEPARTMENT, TO IMPLEMENT THE25
COMPLETION OF CONSTRUCTION AND OPERATION OF THE REGIONAL26
TRANSPORTATION DISTRICT'S NORTHWEST FIXED GUIDEWAY CORRIDOR ,27
184
-29- INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE1
FIRST PHASE OF FRONT RANGE PASSENGER RAIL SERVICE ; AND2
(7.6) (a) (I) I
N ADDITION TO ANY OTHER POWERS AND DUTIES3
SPECIFIED IN THIS SECTION, ON AND AFTER JANUARY 1, 2025, THE4
TRANSPORTATION ENTERPRISE SHALL IMPOSE A CONGESTION IMPACT FEE5
ON ALL SHORT-TERM VEHICLE RENTALS AT A MAXIMUM RATE , AS6
DETERMINED BY THE TRANSPORTATION ENTERPRISE BOARD , THAT IS7
REASONABLY CALCULATED TO GENERATE ONLY THE AMOUNT OF REVENUE8
NEEDED TO PAY THE OVERALL COSTS OF PROVIDING THE SERVICES TO FEE9
PAYERS THAT WILL BE FUNDED WITH THAT REVENUE AND THAT IS , EXCEPT10
AS OTHERWISE PROVIDED IN SUBSECTION (7.6)(c) OF THIS SECTION, NO11
MORE THAN THREE DOLLARS PER DAY FOR ANY
VEHICLE; EXCEPT12
THAT A SUBSEQUENT RENEWAL OF A SHORT -TERM VEHICLE RENTAL IS13
EXEMPT FROM THE FEE TO THE EXTENT THAT THE RENEWAL EXTENDS THE14
TOTAL RENTAL PERIOD BEYOND THIRTY DAYS . A CAR SHARING PROGRAM15
SHALL COLLECT THE CONGESTION IMPACT FEE FOR ANY SHORT -TERM16
VEHICLE RENTAL OF TWENTY-FOUR HOURS OR LONGER THAT IS ENABLED17
BY THE CAR SHARING PROGRAM .18
(II) A
S USED IN THIS SUBSECTION (7.6), UNLESS THE CONTEXT19
OTHERWISE REQUIRES:20
(A) "B
ATTERY ELECTRIC MOTOR VEHICLE " HAS THE SAME21
MEANING AS SET FORTH IN SECTION 43-4-1202 (1).22
(B) "C
AR SHARING PROGRAM" HAS THE SAME MEANING AS SET23
FORTH IN SECTION 6-1-1202 (4).24
(C) "P
LUG-IN HYBRID ELECTRIC MOTOR VEHICLE" HAS THE SAME25
MEANING AS SET FORTH IN SECTION 43-4-1202 (14).26
(D) "S
HORT-TERM VEHICLE RENTAL" MEANS THE RENTAL OF ANY27
184
-30- MOTOR VEHICLE, AS DEFINED IN SECTION 42-1-102 (58), WITH A GROSS1
VEHICLE WEIGHT RATING OF TWENTY -SIX THOUSAND POUNDS OR LESS2
THAT IS RENTED WITHIN COLORADO FOR A PERIOD OF NOT MORE THAN3
THIRTY DAYS.4
(b) T
HE CONGESTION IMPACT FEE MUST BE COLLECTED , SUBMITTED5
TO THE DEPARTMENT OF REVENUE , ADMINISTERED BY THE DEPARTMENT6
OF REVENUE, AND FORWARDED BY THE DEPARTMENT OF REVENUE TO THE7
STATE TREASURER IN THE SAME MANNER IN WHICH THE DAILY VEHICLE8
RENTAL FEE IMPOSED PURSUANT TO SECTION 43-4-804 (1)(b)(I)(A) IS9
COLLECTED, SUBMITTED, ADMINISTERED, AND FORWARDED PURSUANT TO10
SECTION 43-4-804 (1)(b)(II). THE DEPARTMENT OF REVENUE , WHEN11
FORWARDING THE CONGESTION IMPACT FEE TO THE STATE TREASURER12
WITH THE DAILY VEHICLE RENTAL FEE IMPOSED PURSUANT TO SECTION13
43-4-804 (1)(b)(I)(A),
SHALL IDENTIFY THE AMOUNTS OF EACH FEE BEING14
FORWARDED, AND THE STATE TREASURER SHALL CREDIT ALL CONGESTION15
IMPACT FEES TO THE TRANSPORTATION SPECIAL FUND . ANY VEHICLE16
RENTED PURSUANT TO A VEHICLE SHARING ARRANGEMENT THAT IS17
EXEMPT, PURSUANT TO SECTION 43-4-804 (1)(b)(III), FROM THE DAILY18
VEHICLE RENTAL FEE IMPOSED PURSUANT TO SECTION 43-4-80419
(1)(b)(I)(A)
IS ALSO EXEMPT FROM THE CONGESTION IMPACT FEE .20
(c) (I) F
OR SHORT-TERM VEHICLE RENTALS BEGINNING DURING21
STATE FISCAL YEAR 2026-27 AND FOR SHORT-TERM VEHICLE RENTAL22
PERIODS BEGINNING DURING ANY SUBSEQUENT STATE FISCAL YEAR , THE23
DAILY LIMITS ON THE AMOUNT OF THE CONGESTION IMPACT FEE SET FORTH24
IN SUBSECTION (7.6)(a)(I) OF THIS SECTION ARE ANNUALLY ADJUSTED FOR25
INFLATION, AND THE TRANSPORTATION ENTERPRISE SHALL IMPOSE THE26
CONGESTION IMPACT FEE IN A MAXIMUM AMOUNT THAT IS THE MAXIMUM27
184
-31- AMOUNT FOR THE PRIOR STATE FISCAL YEAR ADJUSTED FOR INFLATION .1
T
HE TRANSPORTATION ENTERPRISE SHALL NOTIFY THE DEPARTMENT OF2
REVENUE OF THE AMOUNT OF THE CONGESTION IMPACT FEE TO BE3
COLLECTED FOR SHORT-TERM VEHICLE RENTALS DURING EACH STATE4
FISCAL YEAR NO LATER THAN APRIL 1 OF THE CALENDAR YEAR IN WHICH5
THE STATE FISCAL YEAR BEGINS , AND THE DEPARTMENT OF REVENUE6
SHALL PUBLISH THE AMOUNT NO LATER THAN MAY 1 OF THE CALENDAR7
YEAR IN WHICH THE STATE FISCAL YEAR BEGINS .8
(II) A
S USED IN THIS SUBSECTION (7.6)(c), "INFLATION" MEANS9
THE AVERAGE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES10
DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE11
INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN12
CONSUMERS, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX , FOR13
THE FIVE YEARS ENDING ON THE LAST DECEMBER 31 BEFORE A STATE14
FISCAL YEAR FOR WHICH AN INFLATION ADJUSTMENT TO THE CONGESTION15
IMPACT FEE IS TO BE MADE BEGINS.16
(d) N
OTWITHSTANDING SUBSECTION (7.6)(c) OF THIS SECTION, NO17
LATER THAN MARCH 1, 2030, AND EVERY FIFTH MARCH 1 THEREAFTER,18
THE TRANSPORTATION ENTERPRISE SHALL COMPLETE AN ANALYSIS OF THE19
RATE AT WHICH IT IMPOSES THE CONGESTION IMPACT FEE , THE AMOUNT OF20
REVENUE GENERATED BY THE FEE , AND THE USE OF FEE REVENUE IN21
ORDER TO ENSURE THAT IT IS CONTINUING TO IMPOSE THE FEE AT RATES22
THAT ARE REASONABLY CALCULATED TO GENERATE ONLY THE AMOUNT23
OF REVENUE NEEDED TO PAY THE OVERALL COSTS OF PROVIDING THE24
SERVICES TO FEE PAYERS THAT WILL BE FUNDED WITH THAT REVENUE . IF25
THE TRANSPORTATION ENTERPRISE DETERMINES THAT IT IS IMPOSING OR26
WITH ITS NEXT INFLATION ADJUSTMENT WILL BE IMPOSING THE FEE AT A27
184
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AMOUNT OF REVENUE, IT SHALL LOWER THE RATE AT WHICH IT IS IMPOSING2
THE FEE OR FOREGO OR REDUCE THE INFLATION ADJUSTMENT TO THE3
EXTENT NECESSARY TO ENSURE THAT IT IS CONTINUING TO IMPOSE THE FEE4
AT RATES THAT ARE REASONABLY CALCULATED TO GENERATE ONLY THE5
AMOUNT OF REVENUE NEEDED TO PAY THE OVERALL COSTS OF PROVIDING6
THE SERVICES TO FEE PAYERS THAT WILL BE FUNDED WITH THAT REVENUE . 7
(7.7) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED8
IN THIS SECTION:9
(a) N
O LATER THAN MARCH 1, 2025, THE TRANSPORTATION10
ENTERPRISE SHALL DEVELOP A NEW MULTIMODAL STRATEGIC CAPITAL11
PLAN, WHICH THE TRANSPORTATION ENTERPRISE BOARD MAY , AT ITS SOLE12
DISCRETION, THEREAFTER UPDATE AS IT DEEMS NECESSARY . THE PLAN13
MUST: 14
(I) A
LIGN WITH THE TEN-YEAR PLAN FOR EACH MODE OF15
TRANSPORTATION APPROVED BY THE COMMISSION IN ACCORDANCE WITH16
SECTION 43-1-106 (15)(d), THE STATEWIDE GREENHOUSE GAS POLLUTION17
REDUCTION GOALS SET FORTH IN SECTION 25-7-102 (2)(g), AND OTHER18
STATE GREENHOUSE GAS REDUCTION PRIORITIES ;19
(II) C
OMPLY WITH THE GREENHOUSE GAS TRANSPORTATION20
PLANNING STANDARD ADOPTED BY THE COMMISSION , ANY AMENDED OR21
SUCCESSOR STANDARD ADOPTED BY THE COMMISSION , AND ANY OTHER22
POLLUTION REDUCTION PLANNING STANDARDS REQUIRED FOR SURFACE23
TRANSPORTATION INFRASTRUCTURE PROJECTS BY A FEDERAL OR STATE24
LAW, REGULATION, OR RULE; AND25
(III) P
RIORITIZE BENEFITS TO USER FEE PAYERS AND THE26
REDUCTION OF ADVERSE IMPACTS ON HIGHWAYS .27
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-33- (b) NO LATER THAN MARCH 1, 2025, THE TRANSPORTATION1
ENTERPRISE SHALL COMPLETE AN INITIAL ASSESSMENT OF OPPORTUNITIES2
AVAILABLE THROUGH 2030 TO LEVERAGE FEDERAL MONEY MADE3
AVAILABLE TO THE STATE. AFTER COMPLETING THE INITIAL ASSESSMENT ,4
THE TRANSPORTATION ENTERPRISE SHALL ASSESS SUCH OPPORTUNITIES ON5
AN ONGOING BASIS.6
(7.8) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED7
IN THIS SECTION, THE TRANSPORTATION ENTERPRISE MAY ENTER INTO A8
STANDALONE INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A9
SEPARATE LEGAL ENTITY PURSUANT TO 29-1-203 AND 29-1-203.5 WITH10
THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN SECTION11
32-9-105,
THE FRONT RANGE PASSENGER RAIL DISTRICT , CREATED IN12
SECTION 32-22-103(1), AND THE DEPARTMENT OF TRANSPORTATION TO13
IMPLEMENT THE COMPLETION OF CONSTRUCTION AND OPERATION OF THE14
REGIONAL TRANSPORTATION DISTRICT 'S NORTHWEST FIXED GUIDEWAY15
CORRIDOR, INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS16
AS THE FIRST PHASE OF FRONT RANGE PASSENGER RAIL SERVICE .17
18
(9) (a) The transportation enterprise shall not IS NOT INTENDED TO19
supplant or duplicate the services provided by any public mass transit20
operator, as defined in section 43-1-102 (5), railroad, public highway21
authority created pursuant to part 5 of this article, or regional22
transportation authority created pursuant to part 6 of this article except as23
described in detail in an intergovernmental agreement or other contractual24
agreement entered into by the transportation enterprise and the operator,25
railroad, or authority. The creation of and undertaking of surface26
transportation infrastructure projects by the transportation enterprise27
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-34- pursuant to this part 8 is not intended to discourage any combination of1
local governments from forming a public highway authority or a regional2
transportation authority.3
(10) (a) Notwithstanding section 24-1-136 (11)(a)(I), no later than4
February 15, 2010, and no later than February 15 of each year thereafter5
THROUGH 2024, AND NO LATER THAN MARCH 1 OF EACH YEAR6
THEREAFTER, the transportation enterprise shall present a report to the7
committees of the house of representatives and the senate that have8
jurisdiction over transportation. The report must include a summary of the9
transportation enterprise's activities for the previous year, a summary of10
the status of any current surface transportation infrastructure projects, a11
statement of the enterprise's revenues and expenses, and any12
recommendations for statutory changes that the enterprise deems13
necessary or desirable. The committees shall review the report and may14
recommend legislation. The report shall be public and shall be available15
on the website of the department on or before January 15 of the year in16
which the report is presented.17
(c) B
EGINNING WITH THE REPORT DUE NO LATER THAN MARCH 1,18
2025,
THE REPORT SHALL ALSO DETAIL THE TRANSPORTATION19
ENTERPRISE'S WORK TO REDUCE TRAFFIC CONGESTION AND GREENHOUSE20
GAS EMISSIONS AND SUPPORT THE EXPANSION OF PUBLIC TRANSIT .21
SECTION 14.
In Colorado Revised Statutes, amend 43-4-812 as22
follows:23
43-4-812. Use of user fees for transit - legislative declaration.24
(1) Notwithstanding any other provision of law, the transportation25
enterprise, a public highway authority created and existing pursuant to26
part 5 of this article, a regional transportation authority created and27
184
-35- existing pursuant to part 6 of this article, or any other entity that, as of1
March 2, 2009, is imposing a user fee or toll for the privilege of traveling2
on any highway segment or highway lanes may use revenues REVENUE3
generated by the user fee or toll for
RAIL- AND transit-related projects that4
relate to the maintenance or supervision of the highway segment or5
highway lanes on which the user fee or toll is imposed.
6
(2) The general assembly hereby finds and declares that the7
funding of
RAIL- AND transit-related projects authorized by subsection (1)8
of this section constitutes maintenance and supervision of state highways9
because it will help to reduce traffic on state highways and thereby reduce10
wear and tear on state highways and bridges and increase their reliability,11
safety, and expected useful life.12
SECTION 15. Appropriation. (1) For the 2024-25 state fiscal
13
year, $42,399 is appropriated to the department of revenue. This14
appropriation is from the general fund. To implement this act, the15
department may use this appropriation as follows:16
(a) $23,175 for tax administration IT system (GenTax) support;17
(b) $11,104 for personal services related to taxation services; and,18
(c) $8,120 for personal services related to administration and19
support.20
SECTION 16. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
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