First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0231.02 Rebecca Bayetti x4348 SENATE BILL 25-030 Senate Committees House Committees Transportation & Energy Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO I NCREASE TRANSPORTATION MODE101 CHOICE TO REDUCE EMISSIONS .102 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/ .) Transportation Legislation Review Committee. The bill requires the department of transportation (department), no later than October 31, 2025, to present a statewide mode choice assessment to the transportation legislation review committee, the transportation commission, and the Colorado energy office, which assessment must include recommendations for targets for 2030, 2035, 2040, 2045, and SENATE 3rd Reading Unamended April 22, 2025 SENATE Amended 2nd Reading April 21, 2025 SENATE SPONSORSHIP Winter F. and Hinrichsen, Ball, Cutter, Danielson, Exum, Jodeh, Kipp, Kolker, Marchman, Michaelson Jenet, Sullivan, Wallace HOUSE SPONSORSHIP Froelich, Lindsay 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. 2050 for the department, metropolitan planning organizations, and transit providers that provide public transit to a population of 100,000 individuals or more (subject transit provider) for the share of total trips within a specified geographic area completed using certain transportation methods (mode choice targets). No later than June 1, 2026, using certain criteria, the department must adopt rules establishing mode choice targets. The department must reassess the mode choice targets before each statewide plan development cycle. No later than October 31, 2026, and every 3 years thereafter, the department, in coordination with the metropolitan planning organizations, must present a report to the transportation legislation review committee that provides certain information about the mode choice targets and the entities' plans to implement the mode choice targets (mode choice implementation plans). No later than December 31, 2026, and every 5 years thereafter, the department, metropolitan planning organizations, subject transit providers, and local governments with a population of 25,000 individuals or more must each prepare a mode choice implementation plan, which must include certain information about the mode choice targets, a multimodal transportation gaps summary, and an analysis of certain projected greenhouse gas emissions. The bill also allows: ! The nonattainment area air pollution mitigation enterprise to award grants for the development of mode choice implementation plans; and ! The multimodal transportation options fund to be used for the development of mode choice implementation plans. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 43-1-138 as 2 follows:3 43-1-138. Transit and active transportation project inventory4 - transportation planning - mode choice targets - report - definitions.5 (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE 6 REQUIRES:7 (a) "M ETROPOLITAN PLANNING ORGANIZATION " MEANS A 8 METROPOLITAN PLANNING OR GANIZATION UNDER THE "FEDERAL TRANSIT9 030-2- ACT", 49 U.S.C. SEC. 5301 ET SEQ.1 (b) "M ODE CHOICE TARGET" MEANS A GOAL ESTABLISHED FOR THE 2 SHARE OF TOTAL TRIPS WITHIN A SPECIFIED GEOGRAPHIC AREA COMPLETED3 USING BIKING, CARPOOLING, PUBLIC TRANSIT, SINGLE-OCCUPANCY4 VEHICLES, OR WALKING.5 (c) "S TATE HIGHWAY" MEANS ANY HIGHWAY OWNED , 6 CONTROLLED, OR MAINTAINED BY THE STATE, INCLUDING FEDERAL-AID7 PRIMARY OR SECONDARY SYSTEMS OR THE INTERSTATE SYSTEM . "STATE8 HIGHWAY" DOES NOT INCLUDE A PUBLIC HIGHWAY OPERATED BY A PUBLIC9 HIGHWAY AUTHORITY IN ACCORDANCE WITH THE "PUBLIC HIGHWAY10 A UTHORITY LAW", PART 5 OF ARTICLE 4 OF THIS TITLE 43. 11 (d) "S UBJECT LOCAL GOVERNMENT " MEANS A HOME RULE OR 12 STATUTORY CITY, TOWN, COUNTY, OR CITY AND COUNTY WITH A13 POPULATION OF FIVE THOUSAND OR MORE THAT IS WITHIN THE14 JURISDICTION OF A METROPOLITAN PLANNING ORGANIZATION .15 (2) (a) (I) O N OR BEFORE JULY 1, 2026, IN COORDINATION WITH 16 LOCAL GOVERNMENTS AND TRANSIT AGENCIES , THE DEPARTMENT SHALL17 CREATE A TRANSIT AND ACTIVE TRANSPORTATION PROJECT INVENTORY18 THAT IDENTIFIES GAPS IN TRANSIT , BICYCLE, AND PEDESTRIAN19 INFRASTRUCTURE AND ACCESS ON STATE HIGHWAYS AND RIGHTS -OF-WAY20 THAT ARE CONTROLLED AND MAINTAINED BY THE DEPARTMENT AND FOR21 WHICH THERE IS A REASONABLE EXPECTATION OF USER DEMAND FOR22 THOSE TRANSPORTATION MODES . THE INVENTORY MUST IDENTIFY23 PROJECTS THAT WOULD SIGNIFICANTLY INCREASE TRANSIT , BIKING, AND24 WALKING BY IMPROVING CONNECTIVITY AND SAFETY , AND MUST INCLUDE25 COST ESTIMATES OF SUCH PROJECTS WHERE AVAILABLE .26 (II) O N OR BEFORE JULY 1, 2026, IN COORDINATION WITH LOCAL 27 030 -3- GOVERNMENTS AND TRANSIT AGENCIES , A METROPOLITAN PLANNING1 ORGANIZATION SHALL CREATE A TRANSIT AND ACTIVE TRANSPORTATION2 PROJECT INVENTORY THAT IDENTIFIES GAPS IN TRANSIT , BICYCLE, AND3 PEDESTRIAN INFRASTRUCTURE AND ACCESS WITHIN THE NETWORK OF4 REGIONALLY SIGNIFICANT ROADWAYS AND RIGHTS -OF-WAY THAT ARE5 TYPICALLY SUBJECT TO PLANNING AND PROGRAMMING BY THE6 METROPOLITAN PLANNING ORGANIZATION AND FOR WHICH THERE IS A7 REASONABLE EXPECTATION OF USER DEM AND FOR THOSE8 TRANSPORTATION MODES. THE INVENTORY MUST IDENTIFY PROJECTS THAT9 WOULD SIGNIFICANTLY INCREASE TRANSIT , BIKING, AND WALKING BY10 IMPROVING CONNECTIVITY AND SAFETY , AND MUST INCLUDE COST11 ESTIMATES FOR SUCH PROJECTS IF AVAILABLE .12 (b) O N OR BEFORE OCTOBER 31, 2026, THE DEPARTMENT AND 13 EACH METROPOLITAN PLANNING ORGANIZATIONS SHALL REPORT TO THE14 TRANSPORTATION LEGISLATION REVIEW COMMITTEE CREATED IN SECTION15 43-2-145 (1)(a) ON THE INVENTORIES CREATED PURSUANT TO SUBSECTION 16 (2)(a) OF THIS SECTION, INCLUDING AN ASSESSMENT OF EXISTING AND 17 POTENTIAL FUNDING SOURCES FOR THE PROJECTS LISTED IN THE18 INVENTORIES.19 (c) T HE DEPARTMENT AND METROPOLITAN PLANNING 20 ORGANIZATIONS SHALL USE THE INVENTORIES CREATED PURS UANT TO21 SUBSECTION (2)(a) OF THIS SECTION TO INFORM THE REGIONAL AND22 STATEWIDE TRANSPORTATION PLANS REQUIRED BY SECTION 43-1-1103,23 TRANSPORTATION IMPROVEMENT PROGRAMS , AND TRANSIT SERVICE24 PLANS.25 (d) T HE DEPARTMENT AND METROPOLITAN PL ANNING 26 ORGANIZATIONS SHALL UPDATE THE INVENTORIES CREATED PURS UANT TO27 030 -4- SUBSECTION (2)(a) OF THIS SECTION AS PART OF THE PLANNING PROCESSES1 FOR THE REGIONAL AND STATEWIDE TRANSPORTATION PLANS REQUIRED2 BY SECTION 43-1-1103.3 (3) O N OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL 4 DEVELOP CLEAR DEFINITIONS FOR ROADWAY CAPACITY INVESTMENTS AND5 STATE-OF-GOOD-REPAIR INVESTMENTS . THE DEPARTMENT AND6 METROPOLITAN PLANNING OR GANIZATIONS SHALL SEPARATELY7 CATEGORIZE THESE INVESTMENT COSTS IN THEIR REGIONAL AND8 STATEWIDE TRANSPORTATION PLANS AND ANY PUBLISHED DASHBOARDS .9 (4) (a) O N OR BEFORE DECEMBER 31, 2025, A SUBJECT LOCAL 10 GOVERNMENT SHALL SUBMIT ALL PLANNED TRANSIT , BICYCLE, AND11 PEDESTRIAN PROJECTS INCLUDED IN ANY TRANSPORTATION , CAPITAL, OR12 OTHER PLAN TO ITS METROPOLITAN PLANNING ORGANIZATION .13 (b) A SUBJECT LOCAL GOVERNMENT MAY ALSO : 14 (I) A DOPT MODE CHOICE TARGETS IN COLLABORATION WITH THE 15 DEPARTMENT, ITS METROPOLITAN PLANNING ORGANIZATION , AND TRANSIT16 AGENCIES THAT OPERATE WITHIN ITS BOUNDARIES ; 17 (II) S UBMIT LOCAL TRANSPORTATION DEMAND MANAGEMENT 18 STRATEGIES TO ITS METROPOLITAN ORGANIZATION ; AND19 (III) I N COORDINATION WITH THE DEPARTMENT , ITS 20 METROPOLITAN PLANNING ORGANIZATION , AND TRANSIT AGENCIES ,21 IDENTIFY UNFINISHED TRANSIT, BICYCLE, AND PEDESTRIAN PROJECTS IN22 TRANSIT AREAS, AS DEFINED IN SECTION 29-35-202 (8), AND23 NEIGHBORHOOD CENTERS , AS DEFINED IN SECTION 29-35-202 (5), AND24 PRIORITIZE SUCH PROJECTS BASED ON EACH PROJECT 'S POTENTIAL TO25 INCREASE TRANSPORTATION MODE CHOICE , PROTECT VULNERABLE ROAD26 USERS, REDUCE VEHICLE MILES TRAVELED AND GREENHOUSE GAS27 030 -5- EMISSIONS, AND IMPROVE ACCESS TO NONDRIVING TRANSPORTATION1 OPTIONS IN DISPROPORTIONATELY IMPACTED COMMUNITIES , AS DEFINED2 IN SECTION 24-4-109 (2)(b)(II).3 (c) N OTHING IN THIS SUBSECTION (4) REQUIRES A LOCAL 4 GOVERNMENT TO DEVELOP PLANS IN ADDITION TO THOSE THAT IT IS5 OTHERWISE REQUIRED TO DEVELOP .6 SECTION 2. In Colorado Revised Statutes, 32-8-101.5, amend7 the introductory portion and (3) as follows:8 32-8-101.5. Definitions. As used in this article ARTICLE 8, unless9 the context otherwise requires: 10 (3) "Department" means the department of local affairs11 TRANSPORTATION created in section 24-1-125, C.R.S SECTION 43-1-103.12 SECTION 3. Act subject to petition - effective date. This act13 takes effect at 12:01 a.m. on the day following the expiration of the14 ninety-day period after final adjournment of the general assembly; except15 that, if a referendum petition is filed pursuant to section 1 (3) of article V16 of the state constitution against this act or an item, section, or part of this17 act within such period, then the act, item, section, or part will not take18 effect unless approved by the people at the general election to be held in19 November 2026 and, in such case, will take effect on the date of the20 official declaration of the vote thereon by the governor.21 030 -6-