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April 1, 2024 SB 24-184
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 26, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0790
Sen. Fenberg; Marchman
Rep. McCluskie; Boesenecker
Date:
Bill Status:
Fiscal Analyst:
April 1, 2024
Senate Finance
Colin Gaiser | 303-866-2677
Emily Dohrman | 303-866-3687
Bill Topic: SUPPORT SURFACE TRANSP ORTATION INFRASTRUCTURE DEVELOPMENT
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☒ Statutory Public Entity
The bill establishes requirements for the Department of Transportation, the Regional
Transportation District, and the Front Range Passenger Rail District to promote the
expansion and development of surface transportation infrastructure networks. It
increases state revenue and expenditures beginning in FY 2024-25.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $42,399 to the Department of
Revenue. The State Highway Fund and the Transportation Special Fund are
continuously appropriated to the Department of Transportation and the Colorado
Transportation Investment Office, respectively.
Fiscal Note
Status:
The fiscal note reflects the introduced bill, as amended by the Senate Transportation
and Energy committee.
Table 1
State Fiscal Impacts Under SB 24-184
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue Transportation Special Fund $28.1 million $57.3 million
Total Revenue $28.1 million $57.3 million
Expenditures General Fund $42,399 $7,328
Cash Funds $272,354 $237,404
Transportation Special Fund up to $28.1 million up to $57.3 million
Centrally Appropriated $69,587 $65,635
Total Expenditures up to $28.5 million up to $57.6 million
Total FTE 3.6 FTE 3.4 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $6,360 $1,099 Page 2
April 1, 2024 SB 24-184
Summary of Legislation
The bill establishes multiple requirements to promote the development of surface transportation
infrastructure networks, including Front Range Passenger Rail.
Congestion impact fee. The bill authorizes the Colorado Transportation Investment Office
(CTIO), formerly known as the High-Performance Transportation Enterprise, to impose a
Congestion Impact Fee on short-term vehicle rentals at up to $3 per day for vehicles with an
internal combustion engine and $2 per day for battery electric vehicles. Fee revenue will be
collected by the Department of Revenue, credited to the Transportation Enterprise Special
Revenue Fund, and go toward completing, operating, and maintaining multimodal surface
transportation infrastructure projects. The fee is annually adjusted for inflation beginning in
FY 2026-27.
CTIO strategic plan. The bill requires the CTIO to develop a new multimodal strategic capital
plan by March 1, 2025, which must align with the 10-year plan for each mode of transportation
and statewide greenhouse gas pollution reduction goals. The CTIO must also complete an initial
assessment of opportunities available through 2030 to leverage federal money made available
to the state.
Intergovernmental agreement. The bill authorizes the CTIO, the Regional Transportation
District (RTD), the Front Range Passenger Rail District, and the Department of Transportation
(CDOT), in accordance with the implementation plan described in the bill, to enter into a
standalone intergovernmental agreement or separate legal entity regarding the construction
and operation of the Northwest Fixed Guideway Corridor, including an extension of the corridor
to Fort Collins as the first phase of Front Range Passenger Rail service.
Implementation plan. The bill authorizes RTD to extend construction and operations of the
Northwest Rail Fixed Guideway Corridor beyond the boundaries of RTD, including an extension
of the corridor to Fort Collins as the first phase of Front Range Passenger Rail services. The Front
Range Passenger Rail District, in cooperation with CDOT, the CTIO, and RTD, must provide a
report by September 30, 2024, containing an implementation plan for construction and
operations of the corridor, and a report by March 1, 2025, on a plan to begin providing Front
Range Passenger Rail service by January 1, 2029. In addition, the Transit and Rail Division within
CDOT must provide the General Assembly a report by December 31, 2024, containing a
development plan for rail service.
State Revenue
The bill implements a new Congestion Impact Fee and increases revenue to the CTIO by
$28.1 million in FY 2024-25 and $57.3 million in FY 2025-26. This revenue is credited to the
Statewide Transportation Enterprise Special Revenue Fund, otherwise known as the
Transportation Special Fund, and is not subject to the state’s revenue limit under TABOR.
Fee impact. Colorado law requires legislative service agency review of measures which create or
increase any fee collected by a state agency. Fee amounts in FY 2026-27 and beyond are
estimates only, and actual fees will be set administratively by CTIO based the annual inflation Page 3
April 1, 2024 SB 24-184
rate. The estimate on affected daily rentals is consistent with the March 2024 LCS forecast for
vehicle daily rental fees. First-year fee revenue represents a half-year impact, as this fiscal note
assumes the CTIO will begin collecting fees on January 1, 2025. Fee impacts are shown in Table 2
and detailed below.
Table 2
Fee Impact of Congestion Impact Fee Under HB 24-184
Fiscal Year
Vehicle Type
Fee
Daily Vehicle
Rentals Affected Fee Impact
FY 2024-25 Internal Combustion/Plug-in Hybrid $3.00 9,109,947 $27,329,842
Battery Electric $2.00 379,581 $759,162
FY 2024-25 Total $28,089,004
FY 2025-26 Internal Combustion/Plug-in Hybrid $3.00 18,436,665 $55,309,996
Battery Electric $2.00 970,351 $1,940,702
FY 2025-26 Total $57,250,698
FY 2026-27 Internal Combustion/Plug-in Hybrid $3.07 18,508,471 $56,821,006
Battery Electric $2.05 1,286,685 $2,637,704
FY 2026-27 Total $59,458,710
State Expenditures
Administrative costs under the bill will increase by $42,000 in FY 2024-25 and $7,000 in
FY 2025-26 and ongoing in the DOR, paid from the General Fund. CDOT will also have costs of
$342,000 in FY 2024-25 and $303,000 in FY 2025-26 and ongoing, paid from the State Highway
Fund and Transportation Special Fund to operate the expanded enterprise. Administrative
expenditures are shown in Table 3 and detailed below. In addition, the CTIO will spend new
revenue received under the bill on eligible projects, up to the around $28.1 million in
FY 2024-25, $57.3 million in FY 2025-26, and increasing amounts in future years.
Table 3
Administrative Expenditures Under SB 24-184
FY 2024-25 FY 2025-26
Department of Revenue
GenTax Programming $35,007 -
Data Reporting $7,392 $7,328
DOR Subtotal $42,399 $7,328
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April 1, 2024 SB 24-184
Table 3
Administrative Expenditures Under SB 24-184 (Cont.)
Department of Transportation
Personal Services $247,736 $233,052
Operating Expenses $4,608 $4,352
Capital Outlay Costs $20,010 -
Centrally Appropriated Costs
1
$69,587 $65,635
FTE – Personal Services 3.6 FTE 3.4 FTE
CDOT Subtotal $341,941 $303,039
Total Administrative Costs $384,340 $310,367
Total FTE 3.6 FTE 3.4 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Revenue. The DOR requires $35,007 in FY 2024-25 to make programming
changes to GenTax software to implement the Congestion Impact Fee. This includes 100 hours
of programming at $232 an hour and $11,832 for ISD development and testing. In addition, the
Office of Research and Analysis requires $7,392 in FY 2024-25 and $7,328 in FY 2025-26 and
ongoing for changes in the related GenTax reports so that DOR can access and document
statistics on the new fee.
Department of Transportation. The bill increases staffing costs in the CTIO and the Division of
Transit and Rail. Standard operating and capital outlay costs are included for all staff, and the
fiscal assumes a July 2024 start date.
CTIO. The CTIO requires 1.0 FTE in FY 2024-25 and ongoing years for an administrator to
administer the Congestion Impact Fee and oversee projects providing multimodal
transportation options. In addition, the CTIO requires 0.6 FTE in FY 2024-25 and 0.4 FTE in
ongoing years of budget and accounting staff to support the CTIO in implementing the new
fee. The CTIO staff is paid from the Transportation Special Fund, which is continuously
appropriated to the enterprise.
Division of Transit and Rail. The bill increases planning specialist staff in the Division of
Transit and Rail by 2.0 FTE to support the intergovernmental agreement, implementation
plan, and development plan required by the bill. New staff will also support planning and
programming related to projects funded by the Congestion Impact Fee. This staff is paid
from the State Highway Fund, which is continuously appropriated to CDOT.
Transportation projects. Up to $28.1 million in FY 2024-25, $57.3 million in FY 2025-26, and
increasing amounts in future years will be spent by the CTIO on eligible transportation projects.
These costs will be paid from the continuously appropriated Transportation Special Fund. Page 5
April 1, 2024 SB 24-184
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs
associated with this bill are addressed through the annual budget process and centrally
appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These
costs, which include employee insurance and supplemental employee retirement payments, are
shown in Table 2.
Other Budget Impacts
General Fund reserve. Under current law, an amount equal to 15 percent of General Fund
appropriations must be set aside in the General Fund statutory reserve. Based on this fiscal note,
the bill is expected to increase the amount of General Fund held in reserve by the amounts
shown in Table 1, decreasing the amount of General Fund available for other purposes.
Statutory Public Entities
Regional Transportation District. The bill increases workload in RTD to collaborate with the
Front Range Passenger Rail District, CDOT, and the CTIO on the required reports on an
implementation plan for a fixed guideway rail from Denver to Fort Collins.
Front Range Passenger Rail District. The bill increases expenditures and workload for the
Front Range Passenger Rail District in FY 2024-25 to lead the development of the required
reports on an implementation plan for a fixed guideway rail. This plan requires significant
resources to collaborate with RTD, CDOT, the CTIO, and BNSF; and perform ridership modeling,
transit analysis, vehicle specification analysis, drainage studies, and study management.
Preliminarily and planning costs will likely range around $10 million. The fiscal note will be
updated if additional information is provided.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State Appropriations
For FY 2024-25, the bill requires a General Fund appropriation of $42,399 to the Department of
Revenue. The State Highway Fund and the Transportation Special Fund are continuously
appropriated to the Department of Transportation and the Colorado Transportation Investment
Office, respectively.
State and Local Government Contacts
Counties Local Affairs Personnel
Regional Transportation District Regulatory Agencies Revenue
Transportation Treasury
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.