SENATE BILL 24-184
BY SENATOR(S) Fenberg and Marchman, Coleman, Cutter, Fields, Ginal,
Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Michaelson Jenet,
Priola, Roberts, Winter F., Zenzinger;
also REPRESENTATIVE(S) McCluskie and Boesenecker, Brown, Duran,
Epps, Jodeh, Joseph, Kipp, Lindsay, Lindstedt, Martinez, Mauro,
McCormick, Parenti, Rutinel, Story, Titone, Woodrow.
C
ONCERNING SUPPORT FOR THE DEVELOPMENT OF SURFACE
TRANSPORTATION INFRASTRUCTURE
, AND, IN CONNECTION
THEREWITH
, PROVIDING FUNDING AND OPERATIONAL FLEXIBILITY
NEEDED TO SUPPORT THE DEVELOPMENT OF TRANSIT AND RAIL
INFRASTRUCTURE
, AND MAKING AN APPROPRIATION .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Efficient, safe, and sustainable modes of transportation play a
vital role in the well-being of Colorado's residents and the prosperity of its
communities, and continued investment in transit and rail infrastructure will
foster economic development, reduce traffic congestion, improve safety,
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. mitigate environmental impacts, improve air quality, and improve
accessibility for all citizens, fostering a more interconnected and vibrant
state;
(b) The state needs to strategically address the growing challenges
of population growth and growth in recreational traffic and the associated
increase in demand for transportation alternatives, and the expansion and
improvement of transit and rail networks will alleviate traffic congestion
and wear and tear on highways and provide safer and more reliable
transportation options;
(c) A dedicated state funding source for transit and rail projects is
essential to building a comprehensive and integrated transportation system
that meets the diverse needs of Colorado's residents and visitors;
(d) All rental cars, regardless of where they are rented, use public
highways and have a large impact on our public highway systems, adding
congestion, wear and tear, and more greenhouse gas (GHG) emissions.
Additional cars on our roads from out-of-state visitors, in-state leisure
travel, heavy trucks, and vans for moving services have a documented
impact, and investments in offsets such as transit and rail services benefit
the drivers of those rental vehicles by reducing the amount of traffic
congestion that they encounter throughout the state. A generally applicable
fee on short-term vehicle rentals would equitably support investment in
such offsets to reduce congestion on the public highway system.
(e) While out-of-state visitors and tourists have a positive impact
on our economy, the large amount of out-of-state visitors and tourism also
has a large impact on traffic congestion and conditions on our public
highway system and presents significant challenges to our ability to manage
growth in a sustainable way;
(f) Continued investment in transit and rail projects and services
advances Colorado's commitment to reducing air pollution, addressing
ozone nonattainment, safeguarding the environment and the health of its
residents by addressing climate change, and reducing GHG emissions that
create climate change;
(g) Although the general assembly and the federal government have
passed laws enabling investments to transition single occupancy vehicles
PAGE 2-SENATE BILL 24-184 and other fleets to electric vehicles, the state cannot reach its traffic
congestion and GHG reduction goals without more transit and rail
options in the state to provide transportation alternatives and spur
transit-oriented development;
(h) Colorado charges road user fees for the purpose of improving
our surface transportation systems, and rental cars are one user of our public
highway system with a demonstrated impact on traffic congestion on our
public highways that could be alleviated and offset by providing new transit
and rail services that reduce the traffic congestion and wear and tear they
encounter;
(i) Rental cars account for over three percent of the vehicle miles
traveled (VMT) on Colorado roadways. Based on the "Urban Mobility
Report" produced by the Texas A&M Transportation Institute, the annual
cost of traffic congestion, which takes into account the cost of wasted fuel
consumption and travel delays, in the Denver metropolitan area alone was
$2.394 billion in 2019, which comes out to $1,263 per commuter and
$21.50 per hour of delay. This suggests that the cost of congestion
attributable to rental cars statewide is at least $74 million per year, and
likely higher. This impact from rental cars can be mitigated with new
investments in transit and rail. Investment in passenger rail systems and
additional revenue service miles of transit will offset VMT and reduce
congestion.
(j) The fee proposed in this legislation would also be applied to the
rental of heavy motor vehicles like moving truck rentals, which have
significantly higher wear and tear impacts to Colorado roads than traditional
passenger vehicles;
(k) The federal government has made available billions of dollars
to states, local governments, and private entities in the 2021 bipartisan
"Infrastructure Investment and Jobs Act". These federal grants usually
provide an 80% federal share and require only a 20% match from the grant
recipient, making passenger rail expansion a cost-effective tool for reducing
congestion but requiring more state matching money to access federal
dollars.
(l) Having adequate money to provide the non-federal match for
federal grants is essential to allow Colorado to take advantage of this
PAGE 3-SENATE BILL 24-184 federal money;
(m) In 2021, the general assembly created the front range passenger
rail district. The Colorado department of transportation's (CDOT) transit
and rail division (division) is conducting a service development plan for
front range passenger rail to advance the direction of that law. In October
2023, the transportation commission approved funds to commence a service
development plan for the northern rocky mountain rail corridor extending
from Denver through northwest Colorado and long distance bus service
expansion. The division will complete these projects and continue to
support project planning for associated projects.
(n) Front range passenger rail would connect communities from
Fort Collins through Denver on to Trinidad through new passenger rail
service, shaping development in our state for generations to come and
unlocking smart urban planning decisions, density around transit hubs, and
mobility options for those who cannot access a car;
(o) As Colorado continues to invest in smart, dense transit-oriented
development, it needs high-capacity mass transit to help meet the travel
demands of residents, and density itself supports the implementation of
mass transit because higher levels of density and transit service are strongly
correlated with a reduction in vehicle miles traveled and general car use,
which helps increase affordability for residents;
(p) Urgent action is also required to fulfill our commitment to equity
for a just transition for energy impacted communities such as Craig and
Hayden that have coal plants completely closing as soon as 2028. As coal
plant closures happen and the existing freight business ends with it, we must
ensure continuous use of that existing rail line through utilization for
passenger rail. As freight traffic volumes, types, and commodities shift and
change, we have an opportunity to partner with the freight rail system for
dual use of existing freight rail lines to include northern rocky mountain
passenger rail service. Establishing passenger rail service from Union
Station to west Jefferson County, Winter Park, Steamboat Springs, Craig,
and Hayden is a just transition strategy that also reduces traffic congestion
in the interstate highway 70 mountain corridor. This train line uniquely
fulfills several objectives of the state including relieving traffic congestion
in mountain corridors, supporting affordable housing for the local
workforce, and aiding coal-dependent communities in enhancing and
PAGE 4-SENATE BILL 24-184 diversifying their economies.
(q) The southern segment of front range passenger rail is as
important as the north segment and the proposed northern rocky mountain
rail service. It is imperative that the state continue to pursue this important
segment that completes the vision for the full front range passenger rail and
is a linchpin to the new federal long distance plan for the country that would
create two new long distance service routes through Trinidad connecting to
the full proposed front range passenger rail route. The new proposed long
distance study map makes Colorado's full front range rail route essential to
a new route connecting through Trinidad, Colorado to Albuquerque, New
Mexico on to Phoenix, Arizona, and an additional new route that would
connect Trinidad to Amarillo, Texas, to Dallas, Texas, and on to Houston,
Texas. This makes the southern segment of front range passenger rail not
just an important Colorado transportation solution but also of national
importance to the future national rail passenger rail network.
(r) In addition to the proposed future passenger rail service for the
northern Rocky Mountains, there are multiple other underutilized or
abandoned freight rail rights-of-way that could be repurposed for passenger
rail service to connect mountain communities with the front range, and the
state should continue to explore opportunities for establishing more
passenger rail services.
(s) Efforts to expand passenger rail must be complemented by the
expansion of a more comprehensive statewide bus system, especially on
key corridors like interstate highways 70 and 25, building on the successes
of initiatives like CDOT's Bustang, Snowstang, and Pegasus bus services,
with a commitment to improving convenience, and accessibility for all
Coloradans and contributing to reductions in GHG emissions and traffic
congestion.
(2) The general assembly further finds and declares that:
(a) The Colorado high performance transportation enterprise, which
has been doing business as the Colorado transportation investment office
(CTIO) since 2021, has a strong track record of using user fee revenue to
support the development of surface transportation projects with the primary
objective of alleviating traffic congestion within the state;
PAGE 5-SENATE BILL 24-184 (b) The CTIO has historically supported multi-modal transportation
through the expansion of commuting options in express lanes and the
distribution of transit passes to low-income residents, but with the creation
of the new dedicated revenue source provided for in this act must now
utilize its existing power and charge, as set forth in its enabling legislation,
to fund transit and rail projects to further reduce traffic congestion on our
highway system;
(c) It is necessary and appropriate to direct the CTIO to update its
strategic plan to incorporate policies implementing legislative direction in
Senate Bill 21-260, which tasked the transportation commission to establish
GHG pollution reduction planning standards and to contribute to the state's
implementation of House Bill 19-1261, which established GHG reduction
goals for the state;
(d) A major barrier to expanding transit and rail in the state of
Colorado is a lack of financing infrastructure and a dedicated revenue
source;
(e) The state needs a more equitable transportation system that
mitigates the impact that automobiles place on the public highway system,
and the state lacks the dedicated revenue source for transit and rail that is
needed to fund such a system and mitigate those impacts;
(f) This act directs the regional transportation district (RTD), the
front range passenger rail district (FRPRD), the transportation commission
and the board of directors of the high-performance transportation enterprise
to develop a plan for using their joint authorities and funding streams to
deliver the first phase of front range passenger rail from Denver to Fort
Collins and to use existing contracts to the extent possible to facilitate the
best means to deliver that project and to conduct rail traffic controller
modeling and other analyses for intercity passenger rail from Union Station
to Fort Collins for at least two scenarios, including a scenario of three round
trips per day and a scenario of five round trips per day;
(g) As it is the desire of the general assembly to ensure not just train
service from Union Station to Fort Collins, but also daily service from
Trinidad to Pueblo to Fort Collins, this act also requires the FRPRD:
(I) To report to the general assembly regarding a plan and an
PAGE 6-SENATE BILL 24-184 expeditious timeline by which the FRPRD will implement the whole
front-range rail train service from Fort Collins to Pueblo and Trinidad; and
(II) To report periodically to the general assembly regarding its
planning and implementation progress and the barriers and challenges it
faces for extending service to the southern portion of the FRPRD,
encouraging the inclusion in each report of a detailed analysis of the extent
of coordination among the host rail companies; and
(h) In the near term, it is necessary and appropriate for CTIO to use
the new dedicated revenue stream provided for in this act to finance service
that originates from the service development plan for front range passenger
rail, the service development plan for the northern rocky mountain rail
corridor, the aforementioned statewide bus expansion study, and other
strategies to increase the use of public transportation.
(3) The general assembly further finds and declares that:
(a) The division will complete a report on the status of a service
development plan for the northern rocky mountain rail corridor by
December 31, 2024;
(b) The division has identified potential private partners to operate
new passenger rail services along the northern rocky mountain rail corridor;
(c) Western slope communities in Grand, Routt, and Moffat counties
have existing and emerging transportation needs that are currently
underserved; and
(d) As it is the intent of the general assembly to ensure not only
expanded passenger rail service from Denver to Winter Park but also to
establish passenger rail service from Denver to Craig and Hayden, this act
also requires the division:
(I) To report to the general assembly regarding a plan and an
expeditious timeline by which CDOT will deliver passenger rail service
from Denver to the Hayden and Craig communities; and
(II) To report periodically to the general assembly regarding its
planning and implementation progress and barriers and challenges it faces
PAGE 7-SENATE BILL 24-184 for extending service along the full length of the northern rocky mountain
rail corridor.
(4) The general assembly further finds and declares that once the
front range passenger rail line is completed and in service, the voice of
Senator Perry Will of Newcastle, Colorado shall be the official voice of
front range passenger rail and shall be used to make all announcements on
front range passenger rail trains.
SECTION 2. In Colorado Revised Statutes, 29-1-203.5, amend
(1)(a) as follows:
29-1-203.5. Separate legal entity established under section
29-1-203 - legal status - authority to exercise special district powers -
additional financing powers. (1) (a) Any combination of counties,
municipalities, special districts, or other political subdivisions of this state
that are each authorized to own, operate, finance, or otherwise provide
public improvements, functions, services, or facilities may enter into a
contract under section 29-1-203 to establish a separate legal entity to
provide any such public improvements, functions, services, or facilities. I
N
ADDITION
, SUCH A SEPARATE LEGAL ENTITY MAY BE ESTABLISHED AS
AUTHORIZED BY SECTIONS
32-19-119 (1)(w.5), 32-22-106 (1)(s.5), 43-1-106
(8)(q.5),
AND 43-4-806 (6)(p.5). Any separate legal entity established is a
political subdivision and public corporation of the state and is separate from
the parties to the contract if the contract or an amendment to the contract
states that the entity is formed in conformity with the provisions of this
section and that the provisions of this section apply to the entity.
SECTION 3. In Colorado Revised Statutes, 32-9-107.5, add (1)(e)
as follows:
32-9-107.5. Regional fixed guideway mass transit system -
authorization - completion of northwest rail fixed guideway corridor
as first phase of front range passenger rail service - legislative
declarations. (1) (e) T
HE GENERAL ASSEMBLY FURTHER DECLARES THAT :
(I) T
HE COMPLETION OF CONSTRUCTION OF A FIXED GUIDEWAY MASS
TRANSIT SYSTEM IN THE DISTRICT
'S NORTHWEST FIXED GUIDEWAY CORRIDOR
BETWEEN
UNION STATION IN DENVER AND LONGMONT, WHICH WAS
PROMISED AS PART OF THE DISTRICT
'S FASTRACKS TRANSIT EXPANSION
PAGE 8-SENATE BILL 24-184 PROGRAM APPROVED BY THE VOTERS OF THE DISTRICT IN 2004 BUT
CURRENTLY OPERATES ONLY BETWEEN
UNION STATION AND WESTMINSTER,
WILL HELP REBUILD CONFIDENCE IN THE DISTRICT , AND IT IS OF CRITICAL
IMPORTANCE THAT EVERY EFFORT BE MADE TO SECURE SUFFICIENT FUNDING
TO QUICKLY COMPLETE THAT CORRIDOR
;
(II) T
HERE IS AN OPPORTUNITY TO OBTAIN SIGNIFICANT FEDERAL
MONEY FOR THE COMPLETION OF THE FIXED GUIDEWAY MASS TRANSIT
SYSTEM IN THE DISTRICT
'S NORTHWEST FIXED GUIDEWAY CORRIDOR IF
SERVICE EXTENDS BEYOND THE BOUNDARIES OF THE DISTRICT TO
FORT
COLLINS AND QUALIFIES AS INTERCITY RAIL AS A FIRST PHASE OF FRONT
RANGE PASSENGER RAIL SERVICE
; AND
(III) ACCELERATING THE PROVISION OF FIXED GUIDEWAY SERVICE ON
THE NORTHWEST RAIL CORRIDOR AS THE FIRST PHASE OF FRONT RANGE
PASSENGER RAIL SERVICE WILL NOT IN ANY WAY SLOW PLANNING
,
DEVELOPMENT, GRANT SEEKING, OR OTHER ACTIVITIES NEEDED FOR THE
EXPEDITIOUS DELIVERY OF THE REMAINING ELEMENTS OF FRONT RANGE
PASSENGER RAIL SERVICE OR UNFINISHED
FASTRACKS PROJECTS. FURTHER,
EXISTING DISTRICT SERVICE WILL NOT BE IMPACTED OR SACRIFICED AS A
RESULT OF PLANNING AND DELIVERY OF THE FIRST PHASE OF FRONT RANGE
PASSENGER RAIL SERVICE
. BY COMPLETING THE NORTHWEST PORTION OF
FRONT RANGE PASSENGER RAIL SERVICE
, WHICH WAS STATUTORILY
REQUIRED TO BE PRIORITIZED IN THE LEGISLATION THAT CREATED THE FRONT
RANGE PASSENGER RAIL DISTRICT
, THE GENERAL ASSEMBLY INTENDS TO
EXPEDITE COMPLETION OF THE ENTIRE RAIL SERVICE
.
SECTION 4. In Colorado Revised Statutes, 32-9-107.7, add (3)
as follows:
32-9-107.7. Regional fixed guideway mass transit systems -
construction - front range passenger rail service - authorization -
completion of northwest rail fixed guideway corridor - limited
operations outside district. (3) T
HE DISTRICT MAY EXTEND CONSTRUCTION
AND OPERATIONS OF THE NORTHWEST RAIL FIXED GUIDEWAY CORRIDOR
BEYOND THE BOUNDARIES OF THE DISTRICT IF ANY AND ALL CAPITAL AND
OPERATING EXPENSES THAT IT UNDERTAKES OUTSIDE THE DISTRICT ARE
FULLY ACCOUNTED FOR AND REIMBURSED TO THE DISTRICT BY A PUBLIC
BODY
.
PAGE 9-SENATE BILL 24-184 SECTION 5. In Colorado Revised Statutes, 32-9-119, add (1)(w.5)
as follows:
32-9-119. Additional powers of district. (1) In addition to any
other powers granted to the district in this article, the district has the
following powers:
(w.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN DEVELOPED
AS REQUIRED BY SECTION
32-22-103 (5), TO ENTER INTO A STANDALONE
INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A SEPARATE LEGAL
ENTITY PURSUANT TO SECTIONS
29-1-203 AND 29-1-203.5 OR PURSUANT TO
ARTICLES
121 TO 137 OF TITLE 7 WITH THE DEPARTMENT OF
TRANSPORTATION
, THE HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE ,
CREATED IN SECTION 43-4-806 (2)(a)(I), AND THE FRONT RANGE PASSENGER
RAIL DISTRICT
, CREATED IN SECTION 32-22-103 (1), TO IMPLEMENT THE
COMPLETION OF 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 ;
SECTION 6. In Colorado Revised Statutes, 32-22-103, add (5) as
follows:
32-22-103. Front range passenger rail district - creation -
purpose - boundaries - reports. (5) (a) I
N PURSUING THE COMPLETION OF
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
, THE
DISTRICT
, THE DEPARTMENT OF TRANSPORTATION , THE HIGH-PERFORMANCE
TRANSPORTATION ENTERPRISE
, CREATED IN SECTION 43-4-806 (2)(a)(I), AND
THE REGIONAL TRANSPORTATION DISTRICT
, CREATED IN SECTION 32-9-105
,
SHALL PROVIDE A REPORT CONTAINING AN IMPLEMENTATION PLAN FOR
CONSTRUCTION AND OPERATIONS OF THE CORRIDOR TO THE
TRANSPORTATION LEGISLATION REVIEW COMMITTEE
, CREATED IN SECTION
43-2-145 (1)(a), OR ITS SUCCESSOR COMMITTEE, AND TO THE GOVERNOR NO
LATER THAN
SEPTEMBER 30, 2024. THE IMPLEMENTATION PLAN MUST :
(I) I
DENTIFY ALL ONGOING OR COMP LETED STUDIES AND SERVICE
DEVELOPMENT PLANS THAT COULD BE LEVERAGED TO ACCELERATE
APPROVAL AND PERMITTING AND REQUIRE THE DISTRICT AND THE
DEPARTMENT OF TRANSPORTATION TO USE EXISTING CONTRACTS TO THE
PAGE 10-SENATE BILL 24-184 EXTENT POSSIBLE TO CONDUCT RAIL TRAFFIC CONTROLLER MODELING AND
OTHER ANALYSES FOR INTERCITY PASSENGER RAIL SERVICE FROM
UNION
STATION TO FORT COLLINS FOR AT LEAST TWO SCENARIOS , INCLUDING A
SCENARIO OF THREE ROUND TRIPS PER DAY AND A SCENARIO OF FIVE ROUND
TRIPS PER DAY
;
(II) I
DENTIFY AND EVALUATE OPTIONS FOR CREATING A NEW
STANDALONE ENTITY SUCH AS A
COLORADO RAIL AUTHORITY, A SEPARATE
LEGAL ENTITY CREATED PURSUANT TO SECTIONS
29-1-203 AND 29-1-203.5,
A SEPARATE LEGAL ENTITY CREATED PURSUANT TO ARTICLES 121 TO 137 OF
TITLE
7, OR A STANDALONE INTERGOVERNMENTAL AGREEMENT AS A
BUSINESS MODEL WITH A GOAL OF CREATING SUCH A SEPARATE LEGAL
ENTITY OR EXECUTING SUCH AN AGREEMENT NO LATER THAN
DECEMBER 31,
2024;
AND
(III) EXPLORE THE VIABILITY OF AMTRAK OR OTHER ENTITIES AS
POTENTIAL OPERATORS FOR INTERCITY PASSENGER RAIL SERVICE
.
(b) I
N ADDITION TO THE REPORT REQUIRED BY SUBSECTION (5)(a) OF
THIS SECTION
, NO LATER THAN MARCH 1, 2025, THE DISTRICT, THE
DEPARTMENT OF TRANSPORTATION
, THE HIGH -PERFORMANCE
TRANSPORTATION ENTERPRISE
, CREATED IN SECTION 43-4-806 (2)(a)(I), THE
REGIONAL TRANSPORTATION DISTRICT
, CREATED IN SECTION 32-9-105, AND
ANY SEPARATE LEGAL ENTITY CREATED PURSUANT TO SECTIONS
29-1-203
AND 29-1-203.5 OR ARTICLES 121 TO 137 OR TITLE 7 SHALL PROVIDE A
REPORT CONCERNING A PLAN TO BEGIN PROVIDING FRONT RANGE PASSENGER
RAIL SERVICE NO LATER THAN
JANUARY 1, 2029, TO THE HOUSE OF
REPRESENTATIVES TRANSPORTATION
, HOUSING AND LOCAL GOVERNMENT
COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE
,
OR THEIR SUCCESSOR COMMITTEES, AND THE GOVERNOR. WHEN DEVELOPED,
THE PLAN MUST INCLUDE DESCRIPTIONS OF STEPS TAKEN TO MAXIMIZE THE
CHANCES OF SECURING FEDERAL GRANT ASSISTANCE
, INCLUDING POLICIES
AND STRATEGIES RELATING TO REDUCING CLIMATE IMPACTS
, PROVIDING FOR
ALL
-HAZARDS RESILIENCE, ENHANCING BENEFITS TO UNDERSERVED
COMMUNITIES
, AND PROMOTING INVESTMENTS IN HIGH -QUALITY
WORKFORCE DEVELOPMENT PROGRAMS
, AND OF HOW THE PROJECT WILL
CREATE GOOD
-PAYING, HIGH-QUALITY, AND SAFE JOBS. THE PARTIES SHALL
COORDINATE WITH STAKEHOLDERS
, INCLUDING LABOR ORGANIZATIONS ,
AFFECTED COMMUNITIES , UNDERSERVED COMMUNITIES , LOCAL
GOVERNMENTS
, ENVIRONMENTAL ORGANIZATIONS , AND BUSINESSES, ON THE
PAGE 11-SENATE BILL 24-184 DEVELOPMENT OF THE PLAN. THE REPORT SHALL INCLUDE AN ASSESSMENT
OF WHETHER ADDITIONAL REVENUE IS NEEDED TO SUPPORT SUCH SERVICE
AND
, IF SO, RECOMMENDED SOURCES OF SUCH FUNDING .
(c) I
N ADDITION TO THE REPORTS REQUIRED IN SUBSECTIONS (5)(a)
AND (5)(b) OF THIS SECTION, IF FRONT RANGE PASSENGER SERVICE HAS NOT
BEGUN BY
JANUARY 1, 2029, THE DISTRICT, IN COOPERATION WITH THE
DEPARTMENT OF TRANSPORTATION
, THE HIGH -PERFORMANCE
TRANSPORTATION ENTERPRISE
, CREATED IN SECTION 43-4-806 (2)(a)(I), THE
REGIONAL TRANSPORTATION DISTRICT
, CREATED IN SECTION 32-9-105, AND
ANY SEPARATE LEGAL ENTITY CREATED PURSUANT TO SECTIONS
29-1-203
AND 29-1-203.5 OR ARTICLES 121 TO 137 OF TITLE 7 SHALL PROVIDE A
REPORT DETAILING THE REASONS WHY SUCH SERVICE HAS NOT BEGUN AND
A DETAILED PLAN FOR PROVIDING SERVICE ON
JANUARY 1, 2029, AND EACH
SIX MONTHS THEREAFTER UNTIL SERVICE IS INITIATED
.
SECTION 7. In Colorado Revised Statutes, 32-22-106, amend
(1)(s); and add (1)(s.5) as follows:
32-22-106. District - general powers and duties - funds created.
(1) In addition to any other powers granted to the district by this article 22,
the district has the following powers:
(s) To accept gifts, grants, and donations, whether cash or in-kind
in nature, from private or public sources for the purposes of this article 22;
and
(s.5) IN ACCORDANCE WITH AN IMPLEMENTATION PLAN DEVELOPED
AS REQUIRED BY SECTION
32-9-107.7 (4), TO ENTER INTO A STANDALONE
INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A SEPARATE LEGAL
ENTITY PURSUANT TO SECTIONS
29-1-203 AND 29-1-203.5 OR PURSUANT TO
ARTICLES
121 TO 137 OF TITLE 7 WITH THE DEPARTMENT OF
TRANSPORTATION
, THE HIGH-PERFORMANCE TRANSPORTATION ENTERPRISE ,
CREATED IN SECTION 43-4-806 (2)(a)(I), AND THE REGIONAL
TRANSPORTATION DISTRICT
, CREATED IN SECTION 32-9-105, TO IMPLEMENT
THE COMPLETION OF CONSTRUCTION AND OPERATION OF THE REGIONAL
TRANSPORTATION DISTRICT
'S NORTHWEST FIXED GUIDEWAY CORRIDOR ,
INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE FIRST
PHASE OF FRONT RANGE PASSENGER RAIL SERVICE
;
PAGE 12-SENATE BILL 24-184 SECTION 8. In Colorado Revised Statutes, 43-1-106, add (8)(q.5)
as follows:
43-1-106. Transportation commission - efficiency and
accountability committee - powers and duties - rules - definitions. (8) In
addition to all other powers and duties imposed upon it by law, the
commission has the following powers and duties:
(q.5) I
N ACCORDANCE WITH AN IMPLEMENTATION PLAN DEVELOPED
AS REQUIRED BY SECTION
32-9-107.7 (4), AND ON BEHALF OF THE
DEPARTMENT
, TO ENTER INTO A STANDALONE INTERGOVERNMENTAL
AGREEMENT WITH OR CREATE A SEPARATE LEGAL ENTITY PURSUANT TO
SECTIONS
29-1-203 AND 29-1-203.5 OR PURSUANT TO ARTICLES 121 TO 137
OF TITLE 7 WITH THE REGIONAL TRANSPORTATION DISTRICT , CREATED IN
SECTION
32-9-105, THE FRONT RANGE PASSENGER RAIL DISTRICT, CREATED
IN SECTION
32-22-103 (1), AND THE HIGH-PERFORMANCE TRANSPORTATION
ENTERPRISE
, CREATED IN SECTION 43-4-806 (2)(a)(I), TO IMPLEMENT THE
COMPLETION OF CONSTRUCTION AND OPERATION OF THE REGIONAL
TRANSPORTATION DISTRICT
'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 9. In Colorado Revised Statutes, 43-1-117.5, add (5) as
follows:
43-1-117.5. Transit and rail division - created - powers and
duties - pilot project to expand transit - reports - repeal. (5) (a) T
HE
TRANSIT AND RAIL DIVISION SHALL PROVIDE A REPORT CONTAINING A
DEVELOPMENT PLAN FOR ROCKY MOUNTAIN RAIL SERVICE TO THE HOUSE OF
REPRESENTATIVES TRANSPORTATION
, HOUSING AND LOCAL GOVERNMENT
COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE
,
OR THEIR SUCCESSOR COMMITTEES , AND THE GOVERNOR NO LATER THAN
DECEMBER 31, 2024.
(b) T
HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 10. In Colorado Revised Statutes, add 43-1-134 as
follows:
43-1-134. Front range passenger rail service - annual status
PAGE 13-SENATE BILL 24-184 reports. (1) N O LATER THAN SEPTEMBER 30, 2024, AND SEPTEMBER 30 OF
EACH YEAR THEREAFTER
, THE DEPARTMENT AND THE FRONT RANGE
PASSENGER RAIL DISTRICT
, CREATED IN SECTION 32-22-103 (1) SHALL
JOINTLY REPORT TO THE TRANSPORTATION LEGISLATION REVIEW
COMMITTEE
, CREATED IN SECTION 43-2-145 (1)(a), OR ITS SUCCESSOR
COMMITTEE
, AND THE GOVERNOR REGARDING THE STATUS OF THE SERVICE
DEVELOPMENT PLAN FOR FRONT RANGE PASSENGER RAIL SERVICE BETWEEN
TRINIDAD, PUEBLO, AND FORT COLLINS. THE REPORT MUST INCLUDE, AT A
MINIMUM
:
(a) A
DESCRIPTION OF THE EFFORTS OF THE DEPARTMENT AND THE
DISTRICT TO COORDINATE WITH AFFECTED ENTITIES
, INCLUDING HOST
RAILROADS
, THE FEDERAL RAILROAD ADMINISTRATION , OTHER POTENTIAL
OPERATORS
, AND AMTRAK, AND THE EXTENT TO WHICH AND MANNER IN
WHICH SUCH AFFECTED ENTITIES RESPONDED TO THOSE EFFORTS
; AND
(b) A PLAN FOR FULL IMPLEMENTATION OF FRONT RANGE PASSENGER
RAIL SERVICE AS SOON AS PRACTICABLE THAT INCLUDES PLANS FOR
UPCOMING BALLOT MEASURES
, FEDERAL GRANTS, AND OTHER POSSIBLE
INTERIM OPTIONS FOR FINANCING NECESSARY INFRASTRUCTURE AND
OPERATIONS
. THE PLAN MUST INCLUDE DESCRIPTIONS OF STEPS TAKEN TO
MAXIMIZE THE CHANCES OF SECURING FEDERAL GRANT ASSISTANCE
,
INCLUDING POLICIES AND STRATEGIES RELATING TO REDUCING CLIMATE
IMPACTS
, PROVIDING FOR ALL-HAZARDS RESILIENCE, ENHANCING BENEFITS
TO UNDERSERVED COMMUNITIES
, AND PROMOTING INVESTMENTS IN
HIGH
-QUALITY WORKFORCE DEVELOPMENT PROGRAMS , AND OF HOW THE
PROJECT WILL CREATE GOOD
-PAYING, HIGH-QUALITY, AND SAFE JOBS. THE
PARTIES SHALL COORDINATE WITH STAKEHOLDERS
, INCLUDING LABOR
ORGANIZATIONS
, AFFECTED COMMUNITIES, UNDERSERVED COMMUNITIES ,
LOCAL GOVERNMENTS, ENVIRONMENTAL ORGANIZATIONS , AND BUSINESSES,
ON THE DEVELOPMENT OF THE PLAN .
(2) N
OTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136
(11)(a)(I),
THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN THIS
SECTION CONTINUES INDEFINITELY
.
SECTION 11. In Colorado Revised Statutes, 43-4-803, amend
(11), (22), and (27); and add (23.5) as follows:
43-4-803. Definitions. As used in this part 8, unless the context
PAGE 14-SENATE BILL 24-184 otherwise requires:
(11) "Designated bridge project" means a project that involves the
repair, reconstruction, replacement, or ongoing operation or maintenance,
or any combination thereof, of a designated bridge by the bridge enterprise
pursuant to an agreement between the
BRIDGE enterprise and the
commission or department authorized by section 43-4-805 (5)(f). A
fair-rated bridge may be included in a designated bridge project or other
project involving the repair, replacement, or reconstruction of a designated
bridge if including the fair-rated bridge is an efficient use of the bridge
enterprise's resources and will result in cost savings or schedule acceleration
for a project that will improve safety.
(22) "Surface transportation infrastructure" means a highway, a
bridge other than a designated bridge, or any other infrastructure, facility,
or equipment used primarily or in large part to transport people
AND MOVE
FREIGHT
on systems that operate on or are affixed to the ground, INCLUDING
PASSENGER RAIL
, BUS, OR OTHER PUBLIC TRANSPORTATION VEHICLES .
(23.5) "S
URFACE TRANSPORTATION INFRASTRUCTURE PROJECT
NETWORK
" MEANS ALL EXISTING OR PLANNED SURFACE TRANSPORTATION
INFRASTRUCTURE PROJECTS
.
(27) "User fee" means compensation to be paid to the transportation
enterprise or a partner of the transportation enterprise,
INCLUDING THE
CONGESTION IMPACT FEE IMPOSED BY THE TRANSPORTATION ENTERPRISE
PURSUANT TO SECTION
43-4-806 (7.6), for the privilege of EITHER using
surface transportation infrastructure constructed or operated by the
transportation enterprise or operated by its partner under the terms of a
public-private partnership
OR BENEFITTING FROM THE REDUCED CONGESTION
ON AND IMPROVED CONDITION OF OTHER SURFACE TRANSPORTATION
INFRASTRUCTURE IN THE STATE RESULTING FROM THE AVAILABILITY OF
SURFACE TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR OPERATED
BY THE TRANSPORTATION ENTERPRISE OR OPERATED BY ITS PARTNER UNDER
THE TERMS OF A PUBLIC
-PRIVATE PARTNERSHIP AND FROM THE OPPORTUNITY
TO USE SUCH SURFACE TRANSPORTATION INFRASTRUCTURE CONSTRUCTED
OR OPERATED BY THE TRANSPORTATION ENTERPRISE AND SUCH OTHER LESS
CONGESTED AND IMPROVED SURFACE TRANSPORTATION INFRASTRUCTURE
.
SECTION 12. In Colorado Revised Statutes, 43-4-804, amend
PAGE 15-SENATE BILL 24-184 (1)(b)(II) as follows:
43-4-804. Highway safety projects - surcharges and fees -
crediting of money to highway users tax fund - definition. (1) The
following surcharges, fees, and fines shall be collected and credited to the
highway users tax fund created in section 43-4-201 (1)(a) and allocated to
the state highway fund, counties, and municipalities as specified in section
43-4-205 (6.3):
(b) (II) A person who collects the daily vehicle rental fee imposed
by subparagraph (I) of this paragraph (b)
SUBSECTION (1)(b)(I) OF THIS
SECTION
and who pays specific ownership tax on the vehicles rented in the
manner specified in either section 42-3-107 (11) or (12), C.R.S.,
or both,
shall, no later than the twentieth day of each month, submit to the
department of revenue a report, using forms furnished by the department of
revenue, of daily vehicle rental fees collected for the preceding month and
shall include with the report the remittance of all such fees. A person who
collects the daily vehicle rental fee imposed by subparagraph (I) of this
paragraph (b) SUBSECTION (1)(b)(I) OF THIS SECTION but does not pay
specific ownership tax on the vehicles in the manner specified in either
section 42-3-107 (11) or (12), C.R.S.,
or both, shall submit the report and
the remittance of fees collected in the same manner or in such other manner
as the executive director of the department of revenue may prescribe by
rules promulgated in accordance with article 4 of title 24. C.R.S.
The
executive director of the department of revenue shall forward all daily
vehicle rental fees collected,
TOGETHER WITH ALL CONGESTION IMPACT FEES
IMPOSED BY THE TRANSPORTATION ENTERPRISE PURSUANT TO SECTION
43-4-806 (7.6) COLLECTED, to the state treasurer who
AND SHALL IDENTIFY
THE AMOUNTS OF EACH FEE BEING FORWARDED
. THE STATE TREASURER shall
credit the daily vehicle rental fees
IMPOSED PURSUANT TO SUBSECTION
(1)(b)(I)(A) OF THIS SECTION to the highway users tax fund AND SHALL
CREDIT THE CONGESTION IMPACT FEES IMPOSED BY THE TRANSPORTATION
ENTERPRISE PURSUANT TO SECTION
43-4-806 (7.6) TO THE TRANSPORTATION
SPECIAL FUND AS REQUIRED BY SECTION
43-4-806 (7.6)(b).
SECTION 13. In Colorado Revised Statutes, 43-4-806, amend
(1)(a), (2)(a)(III)(B), (2)(c)(I), (3)(a), (3)(c), (5), (6) introductory portion,
(6)(p), (9)(a), and (10)(a); and add (1.5), (6)(p.5), (7.6), (7.7), (7.8), and
(10)(c) as follows:
PAGE 16-SENATE BILL 24-184 43-4-806. Colorado transportation investment office - creation
- enterprise status - board - funds - powers and duties - user fees -
limitations - reporting requirements - violations on the peak period
shoulder lanes - legislative declaration - definitions. (1) The general
assembly hereby finds and declares that:
(a) It is necessary, appropriate, and in the best interests of the state
for the state to aggressively pursue innovative means of more efficiently
financing important surface transportation infrastructure projects that will
improve the safety, capacity, and accessibility of the surface transportation
system,
PROVIDE DIVERSE, MULTIMODAL TRANSPORTATION OPTIONS THAT
REDUCE TRAFFIC CONGESTION AND DEGRADATION OF EXISTING SURFACE
TRANSPORTATION INFRASTRUCTURE AND OFFER MORE TRANSPORTATION
CHOICES FOR SYSTEM USERS
, can feasibly be commenced in a reasonable
amount of time, will allow more efficient movement of people, goods, and
information throughout the state, and will accelerate the economic recovery
of the state;
(1.5) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
(a) (I) T
HE TRANSPORTATION ENTERPRISE PROVIDES BOTH SERVICES
TO PERSONS WHO PAY USER FEES FOR THE PRIVILEGE OF USING SURFACE
TRANSPORTATION INFRASTRUCTURE PROJECTS AND ADDITIONAL IMPACT
REMEDIATION SERVICES TO ALL PERSONS WHO USE OR INDIRECTLY BENEFIT
FROM THE USE OF THE SURFACE TRANSPORTATION INFRASTRUCTURE PROJECT
NETWORK AND OTHER SURFACE TRANSPORTATION INFRASTRUCTURE IN THE
STATE BY COMPLETING AND OPERATING SURFACE TRANSPORTATION
INFRASTRUCTURE PROJECTS THAT REDUCE WEAR AND TEAR ON AND
INCREASE THE RELIABILITY
, SAFETY, AND EXPECTED USEFUL LIFE OF STATE
HIGHWAYS AND BRIDGES
, REDUCE TRAFFIC CONGESTION AND ATTENDANT
DELAYS
, PROVIDE ADDITIONAL TRANSPORTATION OPTIONS , REDUCE
EMISSIONS FROM AIR POLLUTANTS AND GREENHOUSE GAS POLLUTANTS FROM
MOTOR VEHICLES
, AND REDUCE THE ADVERSE ENVIRONMENTAL AND HEALTH
IMPACTS OF SUCH EMISSIONS
; AND
(II) BY PROVIDING SERVICES AS AUTHORIZED BY THIS PART 8, THE
TRANSPORTATION ENTERPRISE ENGAGES IN AN ACTIVITY CONDUCTED IN THE
PURSUIT OF A BENEFIT
, GAIN, OR LIVELIHOOD AND GENERATES REVENUE BY
COLLECTING FEES FROM SERVICES USERS
, AND THEREFORE OPERATES AS A
BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF THE
COLORADO
PAGE 17-SENATE BILL 24-184 SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2
D 859 (COLO. 1995), AND THE COLORADO COURT OF APPEALS IN TABOR
F
OUNDATION V. COLORADO BRIDGE ENTERPRISE, 2014COA 106;
(b) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN
NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859
(COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS INCONSISTENT
WITH ENTERPRISE STATUS UNDER SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION AND THE DETERMINATION OF THE
COLORADO SUPREME
COURT IN
COLORADO UNION OF TAXPAYERS FOUNDATION V. CITY OF ASPEN,
2018
CO 36, THAT A CHARGE IS NOT A TAX IF THE PRIMARY PURPOSE OF THE
CHARGE IS TO NOT TO RAISE REVENUE FOR GENERAL GOVERNMENTAL
PURPOSES
, IT IS THE CONCLUSION OF THE GENERAL ASSEMBLY THAT THE
REVENUE COLLECTED BY THE TRANSPORTATION ENTERPRISE FROM USER
FEES IS GENERATED BY FEES
, NOT TAXES, BECAUSE THE USER FEES IMPOSED
BY THE TRANSPORTATION ENTERPRISE
:
(I) A
RE IMPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE
TRANSPORTATION ENTERPRISE TO DEFRAY THE COSTS OF COMPLETING
,
OPERATING, AND MAINTAINING THE SURFACE TRANSPORTATION
INFRASTRUCTURE PROJECT NETWORK
;
(II) T
HEREBY:
(A) F
UND THE SPECIFIC BENEFIT OF THE PRIVILEGE OF ACCESSING
SURFACE TRANSPORTATION INFRASTRUCTURE PROJECTS FOR USER FEE
PAYERS
;
(B) F
UND ADDITIONAL BENEFITS OF THE REMEDIATION SERVICES
PROVIDED BY THE TRANSPORTATION ENTERPRISE
, INCLUDING REDUCTION OF
TRAFFIC CONGESTION AND ATTENDANT DELAYS
, PROVISION OF ADDITIONAL
TRANSPORTATION OPTIONS
, REDUCED EMISSIONS FROM AIR POLLUTANTS AND
GREENHOUSE GAS POLLUTANTS FROM MOTOR VEHICLES
, AND REDUCED
ADVERSE ENVIRONMENTAL AND HEALTH IMPACTS OF SUCH EMISSIONS
CAUSED BY THE USE OF MOTOR VEHICLES
, FOR USER FEE PAYERS; AND
(III) WILL BE COLLECTED AT RATES THAT ARE REASONABLY
CALCULATED BY THE TRANSPORTATION ENTERPRISE BOARD BASED ON THE
COSTS OF PROVIDING THE BENEFITS PROVIDED TO USER FEE PAYERS AND THE
COSTS OF REMEDIATING THE IMPACTS CAUSED BY FEE PAYERS
.
PAGE 18-SENATE BILL 24-184 (2) (a) (III) (B) The powers, duties, and functions of the department
of transportation ENTERPRISE include the powers, duties, and functions of
the statewide tolling enterprise, created in the commission DEPARTMENT
pursuant to section 43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.
(c) The business purpose of the transportation enterprise is to pursue
public-private partnerships and other innovative and efficient means of
completing surface transportation infrastructure projects. To allow the
transportation enterprise to accomplish this purpose and fully exercise its
powers and duties through the transportation enterprise board, the
transportation enterprise may:
(I) Subject to the limitations specified in section 43-4-808 (3)
AND
SUBSECTION
(7.6) OF THIS SECTION, impose user fees, INCLUDING THE
CONGESTION IMPACT FEE AUTHORIZED BY SUBSECTION
(7.6) OF THIS
SECTION
, for the privilege of using surface transportation infrastructure;
(3) (a) The statewide transportation enterprise special revenue fund,
referred to in this part 8 as the "transportation special fund", is hereby
created in the state treasury. All revenues REVENUE received by the
transportation enterprise, including any revenues ALL REVENUE from BOTH
user fees COLLECTED FROM USERS OF A PARTICULAR SURFACE
TRANSPORTATION INFRASTRUCTURE PROJECT AND CONGESTION IMPACT
FEES
, collected pursuant to subparagraph (I) of paragraph (c) of subsection
(2) SUBSECTIONS (2)(c)(I) AND (7.6) of this section, shall MUST be deposited
into the transportation special fund. The transportation enterprise board may
establish separate accounts within the transportation special fund as needed
in connection with any specific surface transportation infrastructure project.
The transportation enterprise also may deposit or permit others to deposit
other moneys
MONEY into the transportation special fund, but in no event
may revenues REVENUE from any tax otherwise available for general
purposes be deposited into the transportation special fund. The state
treasurer, after consulting with the transportation enterprise board, shall
invest any moneys
MONEY in the transportation special fund, including any
surplus or reserves, but excluding any proceeds from the sale of bonds or
earnings on such proceeds invested pursuant
TO section 43-4-807 (2), that
are not needed for immediate use. Such moneys
MONEY may be invested in
the types of investments authorized in sections 24-36-109, 24-36-112, and
PAGE 19-SENATE BILL 24-184 24-36-113. C.R.S.
(c) The transportation enterprise shall prepare a separate annual
accounting of the user fees collected from any surface transportation
infrastructure project upon which any user fee is imposed except that
AND
OF CONGESTION IMPACT FEES
. A partner of the enterprise may prepare the
annual accounting for a project upon which it imposes a user fee pursuant
to the terms of a public-private partnership.
(5) Notwithstanding any other provision of this section, user fee
revenues shall
REVENUE COLLECTED FROM USERS OF A PARTICULAR SURFACE
TRANSPORTATION INFRASTRUCTURE PROJECT MUST
be expended only for
purposes authorized by subsection (3) of this section and only for the
surface transportation infrastructure project for which they were collected,
to address ongoing congestion management needs related to the project, or
as a portion of the expenditures made for another surface transportation
infrastructure project that is integrated with the project as part of a surface
transportation system; except that the transportation enterprise board may
use
EXPEND user fee revenues REVENUE from each surface transportation
infrastructure project in proportion to the total amount of such revenues
REVENUE generated by the project to pay overhead of the transportation
enterprise. U
SER FEE REVENUE GENERATED BY THE CONGESTION IMPACT FEE
IMPOSED BY THE TRANSPORTATION ENTERPRISE PURSUANT TO SUBSECTION
(7.6) OF THIS SECTION MAY BE EXPENDED ON ANY PART OF THE SURFACE
TRANSPORTATION INFRASTRUCTURE PROJECT NETWORK AND FOR OVERHEAD
OF THE TRANSPORTATION ENTERPRISE
.
(6) In addition to any other powers and duties specified in this
section, the transportation enterprise board shall have
HAS the following
powers and duties:
(p) To transfer money, property, or other assets of the transportation
enterprise to the department to the extent necessary to implement the
financing of any surface transportation infrastructure project or for any
other purpose authorized in this part 8; and
(p.5) IN ACCORDANCE WITH AN IMPLEMENTATION PLAN DEVELOPED
AS REQUIRED BY SECTION
32-9-107.7 (4), TO ENTER INTO A STANDALONE
INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A SEPARATE LEGAL
ENTITY PURSUANT TO SECTIONS
29-1-203 AND 29-1-203.5 WITH THE
PAGE 20-SENATE BILL 24-184 REGIONAL TRANSPORTATION DISTRICT , CREATED IN SECTION 32-9-105, THE
FRONT RANGE PASSENGER RAIL DISTRICT
, CREATED IN SECTION 32-22-103
(1),
AND THE DEPARTMENT , TO IMPLEMENT THE COMPLETION OF
CONSTRUCTION AND OPERATION OF THE REGIONAL TRANSPORTATION
DISTRICT
'S NORTHWEST FIXED GUIDEWAY CORRIDOR , INCLUDING AN
EXTENSION OF THE CORRIDOR TO
FORT COLLINS AS THE FIRST PHASE OF
FRONT RANGE PASSENGER RAIL SERVICE
; AND
(7.6) (a) (I) I N ADDITION TO ANY OTHER POWERS AND DUTIES
SPECIFIED IN THIS SECTION
, ON AND AFTER JANUARY 1, 2025, THE
TRANSPORTATION ENTERPRISE SHALL IMPOSE A CONGESTION IMPACT FEE ON
ALL SHORT
-TERM VEHICLE RENTALS AT A MAXIMUM RATE , AS DETERMINED
BY THE TRANSPORTATION ENTERPRISE BOARD
, THAT IS REASONABLY
CALCULATED TO GENERATE ONLY THE AMOUNT OF REVENUE NEEDED TO PAY
THE OVERALL COSTS OF PROVIDING THE SERVICES TO FEE PAYERS THAT WILL
BE FUNDED WITH THAT REVENUE AND THAT IS
, EXCEPT AS OTHERWISE
PROVIDED IN SUBSECTION
(7.6)(c) OF THIS SECTION, NO MORE THAN THREE
DOLLARS PER DAY FOR ANY VEHICLE
; EXCEPT THAT A SUBSEQUENT RENEWAL
OF A SHORT
-TERM VEHICLE RENTAL IS EXEMPT FROM THE FEE TO THE EXTENT
THAT THE RENEWAL EXTENDS THE TOTAL RENTAL PERIOD BEYOND THIRTY
DAYS
. A CAR SHARING PROGRAM SHALL COLLECT THE CONGESTION IMPACT
FEE FOR ANY SHORT
-TERM VEHICLE RENTAL OF TWENTY -FOUR HOURS OR
LONGER THAT IS ENABLED BY THE CAR SHARING PROGRAM
.
(II) A
S USED IN THIS SUBSECTION (7.6), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(A) "B
ATTERY ELECTRIC MOTOR VEHICLE " HAS THE SAME MEANING
AS SET FORTH IN SECTION
43-4-1202 (1).
(B) "C
AR SHARING PROGRAM " HAS THE SAME MEANING AS SET
FORTH IN SECTION
6-1-1202 (4).
(C) "P
LUG-IN HYBRID ELECTRIC MOTOR VEHICLE " HAS THE SAME
MEANING AS SET FORTH IN SECTION
43-4-1202 (14).
(D) "S
HORT-TERM VEHICLE RENTAL" MEANS THE RENTAL OF ANY
MOTOR VEHICLE
, AS DEFINED IN SECTION 42-1-102 (58), WITH A GROSS
VEHICLE WEIGHT RATING OF TWENTY
-SIX THOUSAND POUNDS OR LESS THAT
IS RENTED WITHIN
COLORADO FOR A PERIOD OF NOT MORE T HAN THIRTY
PAGE 21-SENATE BILL 24-184 DAYS.
(b) T
HE CONGESTION IMPACT FEE MUST BE COLLECTED , SUBMITTED
TO THE DEPARTMENT OF REVENUE
, ADMINISTERED BY THE DEPARTMENT OF
REVENUE
, AND FORWARDED BY THE DEPARTMENT OF REVENUE TO THE
STATE TREASURER IN THE SAME MANNER IN WHICH THE DAILY VEHICLE
RENTAL FEE IMPOSED PURSUANT TO SECTION
43-4-804 (1)(b)(I)(A) IS
COLLECTED
, SUBMITTED, ADMINISTERED, AND FORWARDED PURSUANT TO
SECTION
43-4-804 (1)(b)(II). THE DEPARTMENT OF REVENUE , WHEN
FORWARDING THE CONGESTION IMPACT FEE TO THE STATE TREASURER WITH
THE DAILY VEHICLE RENTAL FEE IMPOSED PURSUANT TO SECTION
43-4-804
(1)(b)(I)(A),
SHALL IDENTIFY THE AMOUNTS OF EACH FEE BEING
FORWARDED
, AND THE STATE TREASURER SHALL CREDIT ALL CONGESTION
IMPACT FEES TO THE TRANSPORTATION SPECIAL FUND
. ANY VEHICLE RENTED
PURSUANT TO A VEHICLE SHARING ARRANGEMENT THAT IS EXEMPT
,
PURSUANT TO SECTION 43-4-804 (1)(b)(III), FROM THE DAILY VEHICLE
RENTAL FEE IMPOSED PURSUANT TO SECTION
43-4-804 (1)(b)(I)(A) IS ALSO
EXEMPT FROM THE CONGESTION IMPACT FEE
.
(c) (I) F
OR SHORT-TERM VEHICLE RENTALS BEGINNING DURING
STATE FISCAL YEAR
2026-27 AND FOR SHORT-TERM VEHICLE RENTAL
PERIODS BEGINNING DURING ANY SUBSEQUENT STATE FISCAL YEAR
, THE
DAILY LIMITS ON THE AMOUNT OF THE CONGESTION IMPACT FEE SET FORTH
IN SUBSECTION
(7.6)(a)(I) OF THIS SECTION ARE ANNUALLY ADJUSTED FOR
INFLATION
, AND THE TRANSPORTATION ENTERPRISE SHALL IMPOSE THE
CONGESTION IMPACT FEE IN A MAXIMUM AMOUNT THAT IS THE MAXIMUM
AMOUNT FOR THE PRIOR STATE FISCAL YEAR ADJUSTED FOR INFLATION
. THE
TRANSPORTATION ENTERPRISE SHALL NOTIFY THE DEPARTMENT OF REVENUE
OF THE AMOUNT OF THE CONGESTION IMPACT FEE TO BE COLLECTED FOR
SHORT
-TERM VEHICLE RENTALS DURING EACH STATE FISCAL YEAR NO LATER
THAN
APRIL 1 OF THE CALENDAR YEAR IN WHICH THE STATE FISCAL YEAR
BEGINS
, AND THE DEPARTMENT OF REVENUE SHALL PUBLISH THE AMOUNT NO
LATER THAN
MAY 1 OF THE CALENDAR YEAR IN WHICH THE STATE FISCAL
YEAR BEGINS
.
(II) A
S USED IN THIS SUBSECTION (7.6)(c), "INFLATION" MEANS THE
AVERAGE ANNUAL PERCENTAGE CHANGE IN THE
UNITED STATES
DEPARTMENT OF LABOR
, BUREAU OF LABOR STATISTICS, CONSUMER PRICE
INDEX FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
CONSUMERS
, OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX , FOR
PAGE 22-SENATE BILL 24-184 THE FIVE YEARS ENDING ON THE LAST DECEMBER 31 BEFORE A STATE FISCAL
YEAR FOR WHICH AN INFLATION ADJUSTMENT TO THE CONGESTION IMPACT
FEE IS TO BE MADE BEGINS
.
(d) N
OTWITHSTANDING SUBSECTION (7.6)(c) OF THIS SECTION, NO
LATER THAN
MARCH 1, 2030, AND EVERY FIFTH MARCH 1 THEREAFTER, THE
TRANSPORTATION ENTERPRISE SHALL COMPLETE AN ANALYSIS OF THE RATE
AT WHICH IT IMPOSES THE CONGESTION IMPACT FEE
, THE AMOUNT OF
REVENUE GENERATED BY THE FEE
, AND THE USE OF FEE REVENUE IN ORDER
TO ENSURE THAT IT IS CONTINUING TO IMPOSE THE FEE AT RATES THAT ARE
REASONABLY CALCULATED TO GENERATE ONLY THE AMOUNT OF REVENUE
NEEDED TO PAY THE OVERALL COSTS OF PROVIDING THE SERVICES TO FEE
PAYERS THAT WILL BE FUNDED WITH THAT REVENUE
. IF THE
TRANSPORTATION ENTERPRISE DETERMINES THAT IT IS IMPOSING OR WITH ITS
NEXT INFLATION ADJUSTMENT WILL BE IMPOSING THE FEE AT A RATE THAT
GENERATES OR WILL GENERATE MORE THAN THE NEEDED AMOUNT OF
REVENUE
, IT SHALL LOWER THE RATE AT WHICH IT IS IMPOSING THE FEE OR
FOREGO OR REDUCE THE INFLATION ADJUSTMENT TO THE EXTENT
NECESSARY TO ENSURE THAT IT IS CONTINUING TO IMPOSE THE FEE AT RATES
THAT ARE REASONABLY CALCULATED TO GENERATE ONLY THE AMOUNT OF
REVENUE NEEDED TO PAY THE OVERALL COSTS OF PROVIDING THE SERVICES
TO FEE PAYERS THAT WILL BE FUNDED WITH THAT REVENUE
.
(7.7) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN
THIS SECTION
:
(a) N
O LATER THAN MARCH 1, 2025, THE TRANSPORTATION
ENTERPRISE SHALL DEVELOP A NEW MULTIMODAL STRATEGIC CAPITAL PLAN
,
WHICH THE TRANSPORTATION ENTERPRISE BOARD MAY , AT ITS SOLE
DISCRETION
, THEREAFTER UPDATE AS IT DEEMS NECESSARY . THE PLAN
MUST
:
(I) A
LIGN WITH THE TEN -YEAR PLAN FOR EACH MODE OF
TRANSPORTATION APPROVED BY THE COMMISSION IN ACCORDANCE WITH
SECTION
43-1-106 (15)(d), THE STATEWIDE GREENHOUSE GAS POLLUTION
REDUCTION GOALS SET FORTH IN SECTION
25-7-102 (2)(g), AND OTHER
STATE GREENHOUSE GAS REDUCTION PRIORITIES
;
(II) C
OMPLY WITH THE GREENHOUSE GAS TRANSPORTATION
PLANNING STANDARD ADOPTED BY THE COMMISSION
, ANY AMENDED OR
PAGE 23-SENATE BILL 24-184 SUCCESSOR STANDARD ADOPTED BY THE COMMISSION , AND ANY OTHER
POLLUTION REDUCTION PLANNING STANDARDS REQUIRED FOR SURFACE
TRANSPORTATION INFRASTRUCTURE PROJECTS BY A FEDERAL OR STATE LAW
,
REGULATION, OR RULE; AND
(III) PRIORITIZE BENEFITS TO USER FEE PAYERS AND THE REDUCTION
OF ADVERSE IMPACTS ON HIGHWAYS
.
(b) N
O LATER THAN MARCH 1, 2025, THE TRANSPORTATION
ENTERPRISE SHALL COMPLETE AN INITIAL ASSESSMENT OF OPPORTUNITIES
AVAILABLE THROUGH
2030 TO LEVERAGE FEDERAL MONEY MADE
AVAILABLE TO THE STATE
. AFTER COMPLETING THE INITIAL ASSESSMENT ,
THE TRANSPORTATION ENTERPRISE SHA LL ASSESS SUCH OPPORTUNITIES ON
AN ONGOING BASIS
.
(7.8) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN
THIS SECTION
, THE TRANSPORTATION ENTERPRISE MAY ENTER INTO A
STANDALONE INTERGOVERNMENTAL AGREEMENT WITH OR CREATE A
SEPARATE LEGAL ENTITY PURSUANT TO
29-1-203 AND 29-1-203.5 WITH THE
REGIONAL TRANSPORTATION DISTRICT
, CREATED IN SECTION 32-9-105, THE
FRONT RANGE PASSENGER RAIL DISTRICT
, CREATED IN SECTION
32-22-103(1), AND THE DEPARTMENT OF TRANSPORTATION TO IMPLEMENT
THE COMPLETION OF CONSTRUCTION AND OPERATION OF THE REGIONAL
TRANSPORTATION DISTRICT
'S NORTHWEST FIXED GUIDEWAY CORRIDOR ,
INCLUDING AN EXTENSION OF THE CORRIDOR TO FORT COLLINS AS THE FIRST
PHASE OF FRONT RANGE PASSENGER RAIL SERVICE
.
(9) (a) The transportation enterprise shall not
IS NOT INTENDED TO
supplant or duplicate the services provided by any public mass transit
operator, as defined in section 43-1-102 (5), railroad, public highway
authority created pursuant to part 5 of this article, or regional transportation
authority created pursuant to part 6 of this article except as described in
detail in an intergovernmental agreement or other contractual agreement
entered into by the transportation enterprise and the operator, railroad, or
authority. The creation of and undertaking of surface transportation
infrastructure projects by the transportation enterprise pursuant to this part
8 is not intended to discourage any combination of local governments from
forming a public highway authority or a regional transportation authority.
(10) (a) Notwithstanding section 24-1-136 (11)(a)(I), no later than
PAGE 24-SENATE BILL 24-184 February 15, 2010, and no later than February 15 of each year thereafter
THROUGH 2024, AND NO LATER THAN MARCH 1 OF EACH YEAR THEREAFTER,
the transportation enterprise shall present a report to the committees of the
house of representatives and the senate that have jurisdiction over
transportation. The report must include a summary of the transportation
enterprise's activities for the previous year, a summary of the status of any
current surface transportation infrastructure projects, a statement of the
enterprise's revenues and expenses, and any recommendations for statutory
changes that the enterprise deems necessary or desirable. The committees
shall review the report and may recommend legislation. The report shall be
public and shall be available on the website of the department on or before
January 15 of the year in which the report is presented.
(c) B
EGINNING WITH THE REPORT DUE NO LATER THAN MARCH 1,
2025,
THE REPORT SHALL ALSO DETAIL THE TRANSPORTATION ENTERPRISE 'S
WORK TO REDUCE TRAFFIC CONGESTION AND GREENHOUSE GAS EMISSIONS
AND SUPPORT THE EXPANSION OF PUBLIC TRANSIT
.
SECTION 14. In Colorado Revised Statutes, amend 43-4-812 as
follows:
43-4-812. Use of user fees for transit - legislative declaration.
(1) Notwithstanding any other provision of law, the transportation
enterprise, a public highway authority created and existing pursuant to part
5 of this article, a regional transportation authority created and existing
pursuant to part 6 of this article, or any other entity that, as of March 2,
2009, is imposing a user fee or toll for the privilege of traveling on any
highway segment or highway lanes may use revenues
REVENUE generated
by the user fee or toll for
RAIL- AND transit-related projects that relate to the
maintenance or supervision of the highway segment or highway lanes on
which the user fee or toll is imposed.
(2) The general assembly hereby
finds and declares that the funding
of
RAIL- AND transit-related projects authorized by subsection (1) of this
section constitutes maintenance and supervision of state highways because
it will help to reduce traffic on state highways and thereby reduce wear and
tear on state highways and bridges and increase their reliability, safety, and
expected useful life.
SECTION 15. Appropriation. (1) For the 2024-25 state fiscal
PAGE 25-SENATE BILL 24-184 year, $42,399 is appropriated to the department of revenue. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $23,175 for tax administration IT system (GenTax) support;
(b) $11,104 for personal services related to taxation services; and
(c) $8,120 for personal services related to administration and
support.
SECTION 16. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 26-SENATE BILL 24-184 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 27-SENATE BILL 24-184