Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 24-1133.01 Jason Gelender x4330 SENATE BILL 24-195 Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING PROTECTION OF VULNERABLE ROAD USERS .101 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 .) Section 1 of the bill amends the statute that governs the use of automated vehicle identification systems (AVIS) on roadways other than toll highways operated by a public highway authority or the high-performance transportation enterprise in the department of transportation (CDOT) to: ! Clarify that CDOT and the Colorado state patrol (CSP) have authority to use AVIS to detect traffic violations on any portion of a highway that is part of the state highway SENATE 3rd Reading Unamended April 23, 2024 SENATE Amended 2nd Reading April 22, 2024 SENATE SPONSORSHIP Winter F. and Cutter, Kolker, Michaelson Jenet, Priola HOUSE SPONSORSHIP Lindsay and Lindstedt, 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. system (state highway), which generally includes federal interstate highways, U.S. highways, highways that are not part of any federal system but are declared by the transportation commission to be part of the state highway system, and other federal-aid highways; ! Clarify that the state has final authority to authorize the use of AVIS by a local government on a state highway; and ! Authorize CDOT, in consultation with the CSP, to promulgate rules, including rules governing the process by which use of AVIS is approved or disapproved, rules governing the AVIS enforcement process, and rules setting the amount of civil penalties, including increased civil penalties for traffic violations detected by AVIS that occur in work zones or school zones, for traffic violation detected by AVIS used by the state. Section 1 also: ! Requires a local government to coordinate with CDOT and the Colorado state patrol both before designating an AVIS corridor on a state highway and before actually using AVIS on a state highway rather than only before actually using AVIS; and ! Requires civil penalties collected by the state for traffic violations detected by AVIS, net of court and operations costs, to be credited to the state highway fund and used only to fund road safety projects that protect vulnerable road users. Section 2 requires CDOT to establish and include in its statutorily required performance plan declining annual targets for vulnerable road user fatalities and, as part of the targets, also establish engineering methodology and internal education requirements for practices to prioritize safety over speed on high-injury networks. For state fiscal year 2025-26 and each succeeding state fiscal year, section 3 requires CDOT, after accounting for eligible critical safety-related asset management surface transportation infrastructure projects and as determined by the transportation commission, to expend a specified minimum amount of the money credited to the state highway fund from the road safety surcharge and certain other fees, fines, and surcharges that are imposed on motor vehicle registrations and dedicated for certain types of road safety projects that protect vulnerable road users. To guide CDOT in implementing sections 2 and 3, section 4 amends an existing definition of "road safety project" to include certain types of projects that protect vulnerable road users and defines the term "vulnerable road user". 195-2- Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 42-4-110.5, amend2 (2) introductory portion, (2)(g)(I), (2)(g)(IV), (4)(b)(III), and (4.5); repeal3 (1.7), and (6); and add (1.1), (2)(g)(I.3), (2)(g)(I.4), (2)(g)(I.5),4 (2)(g)(I.6), (2)(g)(I.7), (2.5), and (8) as follows:5 42-4-110.5. Automated vehicle identification systems -6 exceptions to liability - penalty - limits on use of photographs and7 video - rules - legislative declaration - definitions. (1.1) A S USED IN8 THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :9 (a) (I) "A UTOMATED VEHICLE IDENTIFICATION SYSTEM " MEANS A10 SYSTEM WHEREBY:11 (A) A MACHINE IS USED TO AUTOMATICALLY DETECT A VIOLATION12 OF A TRAFFIC REGULATION AND SIMULTANEOUSLY RECORD A PHOTOGRAPH13 OF THE VEHICLE AND THE LICENSE PLATE OF THE VEHICLE; AND14 (B) A NOTICE OF VIOLATION OR CIVIL PENALTY ASSESSMENT15 NOTICE MAY BE ISSUED TO THE REGISTERED OWNER OF THE MOTOR16 VEHICLE.17 (II) "A UTOMATED VEHICLE IDENTIFICATION SYSTEM " INCLUDES A18 SYSTEM USED TO DETECT A VIOLATION OF PART 11 OF THIS ARTICLE 4 OR19 A LOCAL SPEED ORDINANCE, A SYSTEM USED TO DETECT VIOLATIONS OF20 TRAFFIC RESTRICTIONS IMPOSED BY TRAFFIC SIGNALS OR TRAFFIC SIGNS ,21 AND A SYSTEM USED TO DETECT VIOLATIONS OF BUS LANE OR BICYCLE22 LANE RESTRICTIONS.23 (b) "S TATE", NOTWITHSTANDING SECTION 42-1-102 (95), MEANS24 THE STATE OF COLORADO ACTING THROUGH THE DEPARTMENT OF PUBLIC25 SAFETY OR THE DEPARTMENT OF TRANSPORTATION .26 (c) "S TATE HIGHWAY" MEANS ANY HIGHWAY THAT IS OWNED BY 27 195 -3- OR MAINTAINED BY THE STATE. "STATE HIGHWAY" DOES NOT INCLUDE A1 PUBLIC HIGHWAY OPERATED BY A PUBLIC HIGHWAY AUTHORITY IN2 ACCORDANCE WITH THE "PUBLIC HIGHWAY AUTHORITY LAW", PART 5 OF3 ARTICLE 4 OF TITLE 43.4 (1.7) (a) (I) Upon request from the department of transportation,5 the department of public safety shall utilize an automated vehicle6 identification system to detect speeding violations under part 11 of this7 article 4 within a highway maintenance, repair, or construction zone8 designated pursuant to section 42-4-614 (1)(a), if the department of public9 safety complies with subsections (2) to (6) of this section. An automated10 vehicle identification system shall not be used under this subsection (1.7)11 unless maintenance, repair, or construction is occurring at the time the12 system is being used.13 (II) The department of public safety may contract with a vendor14 to implement this subsection (1.7), including to:15 (A) Notify violators;16 (B) Collect and remit the penalties and surcharges to the state17 treasury less the vendor's expenses;18 (C) Reconcile payments against outstanding violations;19 (D) Implement collection efforts; and20 (E) Notify the department of public safety of unpaid violations for21 possible referral to the judicial system.22 (III) If the department of public safety contracts with a vendor, the23 contract must incorporate the processing elements specified by the24 department of public safety.25 (IV) No notice of violation or civil penalty assessment or a penalty26 or surcharge for a violation detected by an automated vehicle27 195 -4- identification system under this subsection (1.7) shall be forwarded to the1 department for processing.2 (b) The department of transportation shall reimburse the3 department of public safety for the direct and indirect costs of complying4 with this subsection (1.7).5 (2) A county, CITY AND COUNTY , or municipality may adopt an6 ordinance authorizing the use of an automated vehicle identification7 system to detect violations of traffic regulations adopted by the county,8 CITY AND COUNTY, or municipality, or the state, a county, a city and9 county, or a municipality may utilize an automated vehicle identification10 system to detect traffic violations under state law, subject to the following11 conditions and limitations AND, AS APPLICABLE, THE REQUIREMENTS FOR12 STATE HIGHWAYS SET FORTH IN AND ANY RULES ADOPTED BY THE13 DEPARTMENT OF TRANSPORTATION PURSUANT TO SUBSECTION (2.5) OF14 THIS SECTION:15 (g) (I) The state, a county, a city and county, or a municipality16 shall not issue a notice of violation or civil penalty assessment notice for17 a violation detected using an automated vehicle identification system18 unless the violation occurred within a school zone, as defined in section19 42-4-615; within a residential neighborhood; within a maintenance,20 construction, or repair zone designated pursuant to section 42-4-614;21 along a street that borders a municipal park; or along a street or portion22 of a street that a county, CITY AND COUNTY, or municipality, by ordinance23 or by a resolution of its governing body, designates as an automated24 vehicle identification corridor, on which designated corridor the county,25 CITY AND COUNTY, or municipality may locate an automated vehicle26 identification system to detect violations of a county, CITY AND COUNTY, 27 195 -5- or municipal traffic regulation or a traffic violation under state law.1 Before a county or municipality begins operation of an automated vehicle2 identification system in an automated vehicle identification corridor, the3 county or municipality must:4 (A) Post a permanent sign in a conspicuous place not fewer than5 three hundred feet before the beginning of the corridor and a permanent6 sign not fewer than three hundred feet before each camera within the7 corridor thereafter or a temporary sign not fewer than three hundred feet8 before any mobile camera;9 (B) Illustrate, through data collected within the past five years,10 incidents of crashes, speeding, reckless driving, or community complaints11 on a street designated as an automated vehicle identification corridor; and12 (C) Coordinate between the local jurisdiction, the department of13 transportation, and the Colorado state patrol.14 (I.3) B EFORE A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY 15 DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A16 STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY17 SHALL NOTIFY THE DEPARTMENT OF TRANSPORTATION . IF A COUNTY, CITY18 AND COUNTY, OR MUNICIPALITY DESIGNATES AN AUTOMATED VEHICLE19 IDENTIFICATION CORRIDOR ON A STATE HIGHWAY BY ORDINANCE OR20 RESOLUTION BEFORE JANUARY 1, 2025, IT MAY PROCEED WITHOUT HAVING21 PROVIDED THIS NOTIFICATION TO THE DEPARTMENT OF TRANSPORTATION .22 (I.4) A FTER A COUNTY, CITY AND COUNTY , OR A MUNICIPALITY 23 DESIGNATES AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A24 STATE HIGHWAY, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY25 SHALLCOORDINATE WITH THE DEPARTMENT OF TRANSPORTATION .26 C OORDINATION MUST INCLUDE DEMONSTRATING THAT THE 27 195 -6- REQUIREMENTS SET FORTH IN SUBSECTION (2)(g)(I.7)(B) OF THIS SECTION1 HAVE BEEN MET AND, IF NEEDED, APPLYING FOR A SPECIAL USE PERMIT TO2 INSTALL ANY DEVICES OR SIGNAGE ON DEPARTMENT OF TRANSPORTATION3 RIGHT-OF-WAY IF THE SEGMENT OF HIGHWAY IN QUESTION IS MAINTAINED4 BY THE STATE. A COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL5 ALERT THE DEPARTMENT OF TRANSPORTATION WHEN THE AUTOMATED6 VEHICLE IDENTIFICATION CORRIDOR BEGINS OPERATIONS OR7 PERMANENTLY CEASES OPERATIONS ON A STATE HIGHWAY . THE8 DEPARTMENT OF TRANSPORTATION SHALL NOTIFY THE COLORADO STATE9 PATROL WHEN A COUNTY , CITY AND COUNTY , OR MUNICIPALITY10 COORDINATES WITH THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH11 AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A STATE12 HIGHWAY.13 (I.5) B EFORE A COUNTY, CITY AND COUNTY, OR MUNICIPALITY 14 BEGINS THE OPERATION OF AN AUTOMATED VEHICLE IDENTIFICATION15 SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION CORRIDOR ON A16 COUNTY ROAD, THE COUNTY, CITY AND COUNTY, OR MUNICIPALITY SHALL17 NOTIFY THE COLORADO STATE PATROL.18 (I.6) B EFORE THE STATE DESIGNATES AN AUTOMATED VEHICLE 19 IDENTIFICATION CORRIDOR ON A STATE HIGHWAY LOCATED WITHIN THE20 BOUNDARIES OF A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY, AND21 BEFORE THE STATE BEGINS OPERATION OF AN AUTOMATED VEHICLE22 IDENTIFICATION CORRIDOR ON A STATE HIGHWAY , THE STATE SHALL23 COORDINATE WITH THE RESPECTIVE COUNTY , CITY AND COUNTY, OR24 MUNICIPALITY.25 (I.7) B EFORE THE STATE, A COUNTY, CITY AND COUNTY, OR 26 MUNICIPALITY BEGINS OPERATION OF AN AUTOMATED VEHICLE27 195 -7- IDENTIFICATION SYSTEM IN AN AUTOMATED VEHICLE IDENTIFICATION1 CORRIDOR, THE STATE, COUNTY, CITY AND COUNTY, OR MUNICIPALITY2 MUST:3 (A) P OST A PERMANENT SIGN IN A CONSPICUOUS PLACE NOT FEWER 4 THAN THREE HUNDRED FEET BEFORE THE BEGINNING OF THE CORRIDOR5 AND A PERMANENT SIGN NOT FEWER THAN THREE HUNDRED FEET BEFORE6 EACH CAMERA WITHIN THE CORRIDOR THEREAFTER OR A TEMPORARY SIGN7 NOT FEWER THAN THREE HUNDRED FEET BEFORE ANY MOBILE CAMERA ;8 AND9 (B) I LLUSTRATE, THROUGH DATA COLLECTED WITHIN THE PAST 10 FIVE YEARS, INCIDENTS OF CRASHES, SPEEDING, RECKLESS DRIVING, OR11 COMMUNITY COMPLAINTS ON A STREET DESIGNATED AS AN AUTOMATED12 VEHICLE IDENTIFICATION CORRIDOR.13 (IV) T HE STATE, a county, A CITY AND COUNTY, or A municipality 14 implementing an automated vehicle identification corridor pursuant to15 subsection (2)(g)(I) of this section shall publish a report on its website16 disclosing the number of citations and revenue generated by the17 automated vehicle identification corridor.18 (2.5)(a) THE STATE MAY USE AN AUTOMATED VEHICLE19 IDENTIFICATION SYSTEM ON ANY PORTION OF A STATE HIGHWAY . THE20 DEPARTMENT OF TRANSPORTATION MAY PROMULGATE RULES TO21 IMPLEMENT THE PROVISIONS OF THIS SECTION RELATING TO THE USE OF22 AUTOMATED VEHICLE IDENTIFICATION SYSTEMS BY THE DEPARTMENT OF23 TRANSPORTATION ON STATE HIGHWAYS , INCLUDING BUT NOT LIMITED TO24 RULES THAT:25 (I) S PECIFY PRIORITIZATION CRITERIA THAT THE DEPARTMENT OF 26 TRANSPORTATION WILL USE TO DETERMINE WHICH ENTITY IS AUTHORIZED27 195 -8- TO USE AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM IF MULTIPLE1 ENTITIES SEEK AUTHORIZATION TO USE AN AUTOMATED VEHICLE2 IDENTIFICATION SYSTEM ON THE SAME PORTION OF A STATE HIGHWAY .3 T HE CRITERIA MUST SPECIFY THAT THE DEPARTMENT OF TRANSPORTATION 4 MUST GIVE PREFERENCE TO AN ENTITY THAT HAS THE PRIMARY5 RESPONSIBILITY FOR REGULATION AND ENFORCEMENT OF TRAFFIC6 RESTRICTIONS ON THE PORTION OF A STATE HIGHWAY ON WHICH AN7 AUTOMATED VEHICLE IDENTIFICATION SYSTEM IS TO BE USED .8 (II) SPECIFY, CONSISTENT WITH THE REQUIREMENTS OF9 SUBSECTION (2)(a) OF THIS SECTION, THE PROCESS THAT THE STATE WILL10 USE TO NOTIFY A COUNTY, CITY AND COUNTY, OR MUNICIPALITY THAT THE11 STATE WILL BE USING AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM12 WITHIN ITS JURISDICTION AND THE ADMINISTRATIVE AND ENFORCEMENT13 PROCESS THAT THE DEPARTMENT OF TRANSPORTATION WILL USE TO14 ADMINISTER, HEAR, AND RESOLVE A TRAFFIC VIOLATION DETECTED15 THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN16 AUTOMATED VEHICLE IDENTIFICATION SYSTEM ;17 (III) ESTABLISH, SUBJECT TO THE CAPS SET FORTH IN SUBSECTIONS18 (4)(b) AND (4.5) OF THIS SECTION AND ANY OTHER PROVISION OF LAW, THE19 AMOUNT OF CIVIL PENALTIES IMPOSED FOR TRAFFIC VIOLATIONS D ETECTED20 THROUGH THE USE BY THE DEPARTMENT OF TRANSPORTATION OF AN21 AUTOMATED VEHICLE IDENTIFICATION SYSTEM ; 22 (IV) E STABLISH AN ADMINISTRATIVE HEARING PROCESS THAT 23 COMPLIES WITH SUBSECTIONS (2)(a)(IV) THROUGH (2)(a)(VIII) OF THIS24 SECTION, INCLUDING THE ABILITY TO RETAIN AND CONTRACT WITH25 IMPARTIAL HEARING OFFICERS AND THE ABILITY FOR IMPARTIAL HEARING26 OFFICERS TO ISSUE FINAL ORDERS REQUIRED BY SUBSECTION 2(a)(VII) OF27 195 -9- THIS SECTION; AND1 (V) P ROVIDE, CONSISTENT WITH THIS SECTION, ANY ADDITIONAL2 REQUIREMENTS, GUIDANCE, OR CLARIFICATION THAT THE DEPARTMENT OF3 TRANSPORTATION DEEMS NECESSARY OR APPROPRIATE TO IMPLEMENT4 THIS SECTION.5 (b) I T IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE6 DEPARTMENT OF TRANSPORTATION CONSULT WITH THE COLORADO STATE7 PATROL WHEN PROMULGATING RULES RELATING TO THE USE OF8 AUTOMATED VEHICLE IDENTIFICATION SYSTEMS AND BEFORE9 AUTHORIZING THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION10 SYSTEM BY THE STATE OR A COUNTY , A CITY AND COUNTY , OR A11 MUNICIPALITY ON ANY PORTION OF A STATE HIGHWAY . IT IS ALSO THE 12 INTENT OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF13 TRANSPORTATION CONSULT WITH COUNTIES , CITY AND COUNTIES, AND14 MUNICIPALITIES WHEN PROMULGATING RULES RELATING TO THE USE OF15 AUTOMATED VEHICLE IDENTIFICATION SYSTEMS .16 (c) T HE PROVISIONS OF THIS SUBSECTION (2.5) DO NOT APPLY TO 17 AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM ON A STATE HIGHWAY18 THAT A COUNTY, CITY AND COUNTY, OR MUNICIPALITY HAS IMPLEMENTED19 OR DESIGNATED BY ORDINANCE OR RESOLUTION BEFORE JANUARY 1, 2025,20 OR BEFORE THE DEPARTMENT OF TRANSPORTATION ADOPTS RULES21 PURSUANT TO SUBSECTION (2.5)(a) OF THIS SECTION, WHICHEVER OCCURS22 LATER. THIS SUBSECTION (2.5) DOES NOT REQUIRE A COUNTY, CITY AND23 COUNTY, OR MUNICIPALITY TO REMOVE OR STOP THE IMPLEMENTATION OF24 AN AUTOMATED VEHICLE IDENTIFICATION SYSTEM THAT WAS PLACED ON25 ANY PORTION OF A STATE HIGHWAY OR DESIGNATED BY ORDINANCE OR26 RESOLUTION BEFORE JANUARY 1, 2025, OR BEFORE THE DEPARTMENT OF27 195 -10- TRANSPORTATION ADOPTS RULES PURSUANT TO SUBSECTION (2.5)(a) OF1 THIS SECTION, WHICHEVER OCCURS LATER.2 3 (III) Subsection (4)(b)(I) of this section does not apply within a4 maintenance, construction, or repair zone designated pursuant to section5 42-4-614 OR A SCHOOL ZONE, AS DEFINED IN SECTION 42-4-615 (2).6 (4.5) (a) If the state, a county, a city and county, or a municipality7 detects a violation of a county, CITY AND COUNTY, or municipal traffic8 regulation or traffic violation under state law for disobedience to a traffic9 control signal through the use of an automated vehicle identification10 system, the maximum civil penalty that the state, a county, a city and11 county, or a municipality may impose for such violation, including any12 surcharge, is seventy-five dollars.13 (b) S UBSECTION (4.5)(a) OF THIS SECTION DOES NOT APPLY WITHIN14 A MAINTENANCE, CONSTRUCTION, OR REPAIR ZONE DESIGNATED15 PURSUANT TO SECTION 42-4-614 OR A SCHOOL ZONE, AS DEFINED IN16 SECTION 42-4-615 (2).17 (6) (a) As used in this section, the term "automated vehicle 18 identification system" means a system whereby:19 (I) A machine is used to automatically detect a violation of a20 traffic regulation and simultaneously record a photograph of the vehicle,21 the operator of the vehicle, and the license plate of the vehicle; and22 (II) A notice of violation or civil penalty assessment notice may23 be issued to the registered owner of the motor vehicle.24 (b) "Automated vehicle identification system" includes a system25 used to detect a violation of part 11 of this article 4 or a local speed26 ordinance, a system used to detect violations of traffic restrictions27 195 -11- imposed by traffic signals or traffic signs, and a system used to detect1 violations of bus lane or bicycle lane restrictions.2 (8) N OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE3 AGGREGATE AMOUNT OF REVENUE , EXCLUSIVE OF COURT AND4 OPERATIONS COSTS, COLLECTED BY THE STATE AS CIVIL PENALTIES FOR5 VIOLATIONS DETECTED BY AUTOMATED VEHICLE IDENTIFICATION SYSTEMS6 MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED BY THE7 DEPARTMENT ONLY TO FUND ROAD SAFETY PROJECTS , AS DEFINED IN8 SECTION 43-4-803 (21), OF THE TYPE DESCRIBED IN SECTION 43-4-8039 (21)(b).10 SECTION 2. In Colorado Revised Statutes, add 43-1-132 as11 follows:12 43-1-132. Vulnerable road user fatality reduction targets -13 requirements. (1) A S PART OF ITS EFFORT TO REDUCE FATALITIES FOR14 VULNERABLE ROAD USERS , AS DEFINED IN SECTION 43-4-803 (29), THE15 DEPARTMENT SHALL ESTABLISH DECLINING ANNUAL TARGETS FOR16 VULNERABLE ROAD USER FATALITIES AS PART OF ITS PERFORMANCE PLAN17 REQUIRED BY SECTION 2-7-204 (3).18 (2) A S PART OF THE TARGETS ESTABLISHED IN SUBSECTION (1) OF19 THIS SECTION, THE DEPARTMENT SHALL ESTABLISH ENGINEERING20 METHODOLOGY AND INTERNAL EDUCATION REQUIREMENTS FOR PRACTICES21 TO PRIORITIZE SAFETY OVER SPEED ON HIGH-INJURY NETWORKS.22 SECTION 3. In Colorado Revised Statutes, 43-4-206, amend (3)23 as follows:24 43-4-206. State allocation. (3) The revenue credited ALLOCATED25 to the highway users tax fund STATE HIGHWAY FUND pursuant to section26 SECTIONS 43-4-205 (6.3) AND 43-4-205 (6)(b)(I) shall MUST be expended27 195 -12- by the department of transportation only for road safety projects, as1 defined in section 43-4-803 (21); except that the department shall, in2 furtherance of its duty to supervise state highways and as a consequence3 in compliance with section 43-4-810:4 (a) Expend ten million dollars per year of the revenues REVENUE5 for the planning, designing, engineering, acquisition, installation,6 construction, repair, reconstruction, maintenance, operation, or7 administration of transit-related projects, including, but not limited to,8 designated bicycle or pedestrian lanes of highway, CROSSING 9 IMPROVEMENTS, and infrastructure needed to integrate different10 transportation modes within a multimodal transportation system that11 enhance the safety of state highways for transit users; AND12 (b) (I) A LLOCATE, FOR STATE FISCAL YEAR 2025-26 AND EACH13 SUCCEEDING STATE FISCAL YEAR , AFTER ACCOUNTING FOR CRITICAL14 SAFETY-RELATED ASSET MANAGEMENT SURFACE TRANSPORTATION15 INFRASTRUCTURE PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO SECTION16 43-4-803 (21)(a) AND AS DETERMINED BY THE TRANSPORTATION17 COMMISSION, AT LEAST TEN PERCENT OF THE REMAINING REVENUE BUT NO18 LESS THAN SEVEN MILLION DOLLARS , AS ADJUSTED PURSUANT TO19 SUBSECTION (3)(b)(II) OF THIS SECTION FOR STATE FISCAL YEAR 2026-2720 AND EACH SUCCEEDING STATE FISCAL YEAR , FOR THE TYPES OF ROAD21 SAFETY PROJECTS DESCRIBED IN SECTION 43-4-803 (21)(b).22 (II) F OR STATE FISCAL YEAR 2026-27 AND EACH SUCCEEDING23 STATE FISCAL YEAR, THE MINIMUM DOLLAR AMOUNT OF ALLOCATION 24 REQUIRED BY SUBSECTION (3)(b)(I) OF THIS SECTION IS SEVEN MILLION25 DOLLARS, ADJUSTED FOR THE CUMULATIVE PERCENTAGE CHANGE IN THE26 AMOUNT OF REVENUE ACTUALLY CREDITED TO THE STATE HIGHWAY FUND27 195 -13- PURSUANT TO SECTION 43-4-205 (6.3) FROM STATE FISCAL YEAR 2024-251 THROUGH THE PRIOR STATE FISCAL YEAR .2 SECTION 4. In Colorado Revised Statutes, 43-4-803, amend3 (21); and add (29) as follows:4 43-4-803. Definitions. As used in this part 8, unless the context5 otherwise requires:6 (21) "Road safety project" means:7 (a) A construction, reconstruction, or maintenance project that the8 commission determines is needed to enhance the safety of a state9 highway, a county determines is needed to enhance the safety of a county10 road, or a municipality determines is needed to enhance the safety of a11 city street; OR12 (b) A PROJECT THAT IMPROVES TRANSPORTATION SYSTEM13 INFRASTRUCTURE OR OTHERWISE IMPLEMENTS DATA -DRIVEN STRATEGIES14 THAT REDUCE THE NUMBER OF COLLISIONS WITH MOTOR VEHICLES THAT15 RESULT IN DEATH OR SERIOUS INJURY TO VULNERABLE ROAD USERS .16 E LIGIBLE PROJECTS INCLUDE, BUT ARE NOT LIMITED TO, PROJECTS THAT17 MEET OR EXCEED THE DEPARTMENT 'S COST-TO-BENEFIT RATIO FOR SAFETY18 PROJECTS AND:19 (I) S EPARATE USERS IN SPACE, SUCH AS SEPARATED BIKE LANES,20 WALKWAYS, CROSSING IMPROVEMENTS , AND PEDESTRIAN REFUGE21 ISLANDS; OR22 (II) I NCREASE ATTENTIVENESS AND AWARENESS , SUCH AS23 CROSSWALK VISIBILITY ENHANCEMENTS , PEDESTRIAN HYBRID BEACONS,24 AND LIGHTING.25 (29) "V ULNERABLE ROAD USER" MEANS A NONMOTORIST WITH A 26 FATALITY ANALYSIS REPORTING SYSTEM PERSON ATTRIBUTE CODE FOR A27 195 -14- PEDESTRIAN, BICYCLIST, OTHER CYCLIST, AND A PERSON ON A PERSONAL1 CONVEYANCE OR AN INJURED PERSON THAT IS , OR IS EQUIVALENT TO, A2 PEDESTRIAN OR PEDAL CYCLIST AS DEFINED IN THE ANSI D16.1-2007 IN3 ACCORDANCE WITH 23 U.S.C. SEC. 148(a)(15) AND 23 CFR 490.205.4 "V ULNERABLE ROAD USER" DOES NOT INCLUDE A MOTOR CYCLIST BUT 5 DOES INCLUDE:6 (a) A N INDIVIDUAL WHO IS WALKING, BIKING, OR ROLLING; 7 (b) A HIGHWAY WORKER ON FOOT IN A WORK ZONE , GIVEN THEY 8 ARE CONSIDERED A PEDESTRIAN.9 SECTION 5. Safety clause. The general assembly finds,10 determines, and declares that this act is necessary for the immediate11 preservation of the public peace, health, or safety or for appropriations for12 the support and maintenance of the departments of the state and state13 institutions.14 195 -15-