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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0614.01 Sam Anderson x4218 HOUSE BILL 26-1076
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO SELECT STATUTORY PROVISIONS101
RELATING TO TRANSPORTATION.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.)
The bill makes the following changes to statutes concerning the
department of transportation (department):
! Changes the name of the freight mobility and safety branch
within the transportation development division of the
department to the office of freight mobility and safety
(sections 1, 3, 5, and 9 of the bill);
HOUSE
3rd Reading Unamended
February 18, 2026
HOUSE
Amended 2nd Reading
February 17, 2026
HOUSE SPONSORSHIP
Paschal and Lindsay, Froelich, Jackson, Nguyen, Rutinel
SENATE SPONSORSHIP
Ball,
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.
! Clarifies that each state agency is responsible for paying its
proportionate part of the cost of maintenance and operation
of fueling infrastructure to support its motor vehicle fleet
(section 2);
! Clarifies that a driver of a commercial vehicle may not
enter the farthest left-hand general purpose lane when
driving specified sections of interstate 70 (section 4);
! Clarifies which transportation commission district
represents the city and county of Broomfield (section 6);
! Relocates a provision concerning the chief engineer from
the statutory section governing the highway maintenance
division to the statutory section governing the chief
engineer (sections 7 and 8);
! Repeals a statutory section concerning a study prepared by
legislative council staff on the transportation commission
districts, which has been completed (section 10);
! Redirects revenue from a permitting fee imposed by the
department on companies authorized to install and remove
tire chains, as established in Senate Bill 25-069, from the
highway users tax fund to the state highway fund (section
11);
! Repeals outdated and obsolete provisions concerning the
highway users tax fund (sections 12 and 13);
! Defines "toll evasion" for purposes of civil penalties,
enforcement, and administration of the use of a toll
highway (section 14);
! Establishes a 4-year term limit for members of the
nonattainment area air pollution mitigation enterprise board
who are appointed by the governor and clarifies when the
initial term for each appointment ends (section 15); and
! Repeals a requirement that the transportation commission
approve transfers of money directed by the division of
aeronautics from the aviation account of the transportation
infrastructure revolving fund to the aviation fund, which
amounts must not exceed transfers previously approved by
the Colorado aeronautical board (section 16).
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-20-206.5, amend2
(6)(a)(II) as follows:3
8-20-206.5. Environmental response surcharge - liquefied4
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petroleum gas and natural gas inspection fund - perfluoroalkyl and1
polyfluoroalkyl substances cash fund - hazardous materials2
infrastructure cash fund - fuels impact reduction grant program -3
definitions - repeal.4
(6) (a) In addition to the payments collected pursuant to5
subsections (1)(a) and (8)(a) of this section, the executive director of the6
department of revenue shall also collect a fee to:7
(II) Support the department of transportation in functions related8
to freight movement and infrastructure in the state, including the9
functions of the OFFICE OF freight mobility and safety branch of IN the10
transportation development division of the department of transportation11
created in section 43-1-117 (4), as well as infrastructure projects that12
enhance the safety of movement of commercial materials;13
SECTION 2. In Colorado Revised Statutes, 24-30-1104, amend14
(2)(k) as follows:15
24-30-1104. Functions of the department - definitions - rules.16
(2) In addition to the county-specific functions set forth in17
subsection (1) of this section, the department of personnel shall take such18
steps as are necessary to fully implement a central state motor vehicle19
fleet system by January 1, 1993. The provisions of the motor vehicle fleet20
system created pursuant to this subsection (2) apply to the executive21
branch of the state of Colorado, its departments, its institutions, and its22
agencies; except that the governing board of each institution of higher23
education, by formal action of the board, and the Colorado commission24
on higher education, by formal action of the commission, may elect to be25
exempt from the provisions of this subsection (2) and may obtain a motor26
vehicle fleet system independent of the state motor vehicle fleet system.27
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Under the direction of the executive director, the department of personnel1
shall perform the following functions pertaining to the motor vehicle fleet2
system throughout the state:3
(k) Allocate and charge against each state agency to which4
transportation OR FUELING INFRASTRUCTURE is furnished on the basis of5
mileage or on the basis of the period of time for which each vehicle is6
assigned to the agency, its proportionate part of the cost of maintenance7
and operation of the motor vehicle fleet AND ITS SUPPORTING FUELING8
INFRASTRUCTURE;9
SECTION 3. In Colorado Revised Statutes, 42-4-106, amend10
(5)(a)(I)(G) as follows:11
42-4-106. Who may restrict right to use highways - definitions12
- rules.13
(5) (a) (I) (G) On August 7, 2024, the OFFICE OF freight mobility14
and safety branch created in section 43-1-117 (4) shall launch an15
awareness campaign on any laws enacted that modify subsection16
(5)(a)(I)(C) of this section.17
SECTION 4. In Colorado Revised Statutes, 42-4-1014, amend18
(1) introductory portion as follows:19
42-4-1014. No commercial vehicles in the left lane - penalty.20
(1) A driver of a commercial vehicle may not enter the furthest21
left FARTHEST LEFT-HAND GENERAL PURPOSE lane when driving in the22
following areas of interstate 70 unless specifically required or authorized23
to pass by law:24
SECTION 5. In Colorado Revised Statutes, 42-4-1701, amend25
(4)(d.7)(II)(B) as follows:26
42-4-1701. Traffic offenses and infractions classified -27
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penalties - penalty and surcharge schedule - repeal.1
(4) (d.7) (II) (B) Notwithstanding any provision of law to the2
contrary, for each fine collected pursuant to section 42-4-617 (4) and3
subsection (4)(d.7)(I) of this section, the state treasurer shall credit4
one-half of the amount of the fine to the account. All money credited to5
the account is continuously appropriated to the department of6
transportation and to the OFFICE OF freight mobility and safety branch7
created within the transportation development division of the department8
of transportation pursuant to section 43-1-117 to pay costs associated with9
the provision of educational outreach and public information about10
runaway truck events, the purchase and implementation of equipment for11
the purpose of reducing the frequency of runaway truck events, and the12
completion of studies of means by which the state may reduce the13
frequency of runaway truck events and improve overall commercial14
motor vehicle safety on state highways that pass through the mountains15
of the state.16
SECTION 6. In Colorado Revised Statutes, 43-1-106, amend (2)17
introductory portion and (2)(d) as follows:18
43-1-106. Transportation commission - efficiency and19
accountability committee - powers and duties - report - rules -20
definitions.21
(2) One member of the commission shall be appointed by the22
governor from each of the following districts T HE GOVERNOR SHALL23
APPOINT ONE MEMBER OF THE COMMISSION FROM EACH OF THE24
FOLLOWING DISTRICTS:25
(d) District 4: The counties of Adams and Boulder AND THE CITY26
AND COUNTY OF BROOMFIELD;27
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SECTION 7. In Colorado Revised Statutes, 43-1-110, add with1
amended and relocated provisions (5) as follows:2
43-1-110. Powers and duties of the chief engineer - hearings3
- rule-making.4
(5) [Formerly 43-1-114 (3)] Whenever the chief engineer is5
authorized to enter into contracts or agreements, the contracts or6
agreements must be executed THE CHIEF ENGINEER, OR THEIR DESIGNEE,7
MUST EXECUTE THE CONTRACTS OR AGREEMENTS in the name of the8
department of transportation, state of Colorado. by the chief engineer, or9
his or her designee Whenever the chief engineer is authorized to acquire10
or convey real or personal property, title thereto must be acquired or11
conveyed THE CHIEF ENGINEER, OR THEIR DESIGNEE , MUST ACQUIRE OR12
CONVEY THE TITLE in the name of the department of transportation, state13
of Colorado, and THE CHIEF ENGINEER , OR THEIR DESIGNEE , MUST14
EXECUTE all such conveyances. must be executed by the chief engineer,15
or his or her designee All suits or proceedings brought by or against the16
chief engineer must be in the name of the department of transportation,17
state of Colorado.18
SECTION 8. In Colorado Revised Statutes, 43-1-114, repeal (3)19
as follows:20
43-1-114. Highway maintenance division - creation.21
(3) Whenever the chief engineer is authorized to enter into22
contracts or agreements, the contracts or agreements must be executed in23
the name of the department of transportation, state of Colorado, by the24
chief engineer, or his or her designee. Whenever the chief engineer is25
authorized to acquire or convey real or personal property, title thereto26
must be acquired or conveyed in the name of the department of27
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transportation, state of Colorado, and all such conveyances must be1
executed by the chief engineer, or his or her designee. All suits or2
proceedings brought by or against the chief engineer must be in the name3
of the department of transportation, state of Colorado.4
SECTION 9. In Colorado Revised Statutes, 43-1-117, amend (4)5
as follows:6
43-1-117. Transportation development division - created -7
duties - office of freight mobility and safety - repeal.8
(4) The OFFICE OF freight mobility and safety branch is created in9
the transportation development division. The function of the OFFICE OF10
freight mobility and safety branch is to plan, design, and implement11
programs and projects that enhance freight mobility and safety within the12
state. No later than January 1, 2022, the OFFICE OF freight mobility and13
safety branch shall provide to the commission a long-term strategic plan14
that sets forth the vision and goals for the branch OFFICE, key priorities for15
all freight-related programs, activities, and projects, and guidelines for16
coordination between the branch OFFICE and the freight advisory17
committee.18
SECTION 10. In Colorado Revised Statutes, repeal 43-1-124 as19
follows:20
43-1-124. Study of transportation commission districts.21
No later than August 1, 2016, legislative counc il staff, with the22
cooperation of the department, shall prepare and present to the23
transportation legislation review committee a research study of the24
commission districts established in section 43-1-106 (2). The study must25
document changes since the last time the general assembly modified the26
number and boundaries of the commission districts, including changes in27
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population, number of lane miles, and annual vehicle miles traveled for1
each of the districts and must take into account existing county and2
municipal boundaries, regional transportation authorities and districts,3
and transportation planning regions.4
SECTION 11. In Colorado Revised Statutes, 43-2-150, amend5
(2)(d) as follows:6
43-2-150. Roadside chain service - rules - permits - fees -7
liability - definition.8
(2) (d) The department may charge a fee to issue a permit to an9
applicant. The fee must be set in an amount to offset the direct and10
indirect costs of issuing permits under this subsection (2). The state11
treasurer shall credit the fees to the STATE highway users tax fund created12
in section 43-4-201 SECTION 43-1-219.13
SECTION 12. In Colorado Revised Statutes, 43-4-205, amend14
(6) introductory portion, (6)(b) introductory portion, and (6.5)(a); and15
repeal (6)(a), (7), and (13) as follows:16
43-4-205. Allocation of fund - repeal.17
(6) Revenue raised by the excise tax imposed on gasoline and18
special fuel pursuant to sections 39-27-102 and 39-27-102.5 in excess of19
seven cents per gallon of tax shall MUST be placed in the highway users20
tax fund to be allocated as follows: except that revenue raised by the21
excise tax imposed on gasoline in excess of eighteen cents per gallon of22
tax shall be allocated according to subsection (6)(b) of this section23
(a) Sixteen percent of such revenue shall be deposited in a special24
account within the highway users tax fund until July 1, 1997, and shall be25
expended only for highway bridge repair, replacement, or posting,26
pursuant to provisions of paragraph (a) of subsection (7) of this section. 27
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(b) The remaining balance of such revenue may be expended only1
for improvements to highways within the state, including new2
construction, safety improvements, maintenance, and capacity3
improvements, and for other transportation-related projects to the extent4
authorized by subsection (6.8) of this section and sections 43-4-206 (3),5
43-4-207 (1), and 43-4-208 (1), and may not be expended for6
administrative purposes. Such revenue is allocated as follows:7
(6.5) (a) Except as otherwise provided in subsections (6.4) and8
(6.7) of this section, the revenue accrued to and transferred to the9
highway users tax fund pursuant to section 24-75-219 or 39-26-123 (4)(a)10
or appropriated to the highway users tax fund pursuant to House Bill11
02-1389, enacted in 2002, must be paid to th e state highwa y fund for12
allocation to the department of transportation and expended as provided13
in section 43-4-206 (2).14
(7) (a) Revenues accumulated in the special account for highway15
bridges, as provided in paragraph (a) of subsection (6) of this section,16
shall be allocated at least once each y ear among state, counties, and17
municipal highway systems based on total cost needs under the criteria18
developed by means of the most current report of the federal bridge19
inventory program. For the fiscal year commencing on July 1, 1981, the20
allocation shall be determined in accordance with needs developed by21
October 1, 1981. In subsequent fiscal years, the allocation shall be22
determined in accordance with needs reports available on January 1,23
1982, and January 1 of each subsequent year, with the allocation amounts24
to be effective on July 1 of each year. After allocation of the state share25
of the special bridge account, the share for the counties and municipalities26
shall be allocated, subject to annual appropriation by the general27
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assembly, based upon need as determined by the special highway1
committee which shall be composed of four representatives each from2
counties and municipalities. Alloca tions to local governments shall3
require a minimum of twenty percent of local matching funds from4
revenues other than the special bridge account within the highway users5
tax fund.6
(b) Repealed.7
(13) All of the additional revenues which are credited to the8
highway users tax fund as a result of the enactment of House Bill No.9
1012 at the first extraordinary session of the fifty-seventh general10
assembly shall be expended only for improvements to highways within11
the state, including new construction, safety improvements, maintenance,12
and capacity improvements. No moneys shall be expended for13
administrative purposes.14
SECTION 13. In Colorado Revised Statutes, 43-4-206, amend15
(2)(a) introductory portion as follows:16
43-4-206. State allocation.17
(2) (a) Revenue accrued to and transferred to the highway users18
tax fund pursuant to section 39-26-123 (4)(a) or appropriated to the19
highway users tax fund pursuant to House Bill 02-1389, enacted at the20
second regular session of the sixty-third general assembly, and credited21
to the state highway fund pursuant to section 43-4-205 (6.5) shall be22
expended by the department of transportation for the implementation of23
the strategic transportation project investment program:24
SECTION 14. In Colorado Revised Statutes, 43-4-803, add25
(23.7) as follows:26
43-4-803. Definitions.27
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(23.7) "TOLL EVASION" MEANS:1
(a) FAILING TO PAY A TOLL OR AVOIDING A TOLL; OR2
(b) ENTERING OR EXITING A TOLL LANE OUTSIDE OF A DESIGNATED3
ACCESS OR EGRESS POINT, INCLUDING SWERVING BETWEEN A TOLL LANE4
AND A GENERAL PURPOSE LANE, WITHOUT REGARD TO WHETHER A TOLL5
WAS ASSESSED OR PAID.6
SECTION 15. In Colorado Revised Statutes, 43-4-1303, amend7
(2)(b); and add (2)(c) as follows:8
43-4-1303. Nonattainment area air pollution mitigation9
enterprise - creation - board - powers and duties - rules - fees - fund.10
(2) (b) Appointed members EXCEPT AS PROVIDED IN SUBSECTION11
(2)(c) OF THIS SECTION , MEMBERS of the board APPOINTED BY THE12
GOVERNOR serve at the pleasure of the governor FOR TERMS OF FOUR13
YEARS. A MEMBER WHO IS APPOINTED TO FILL A VACANCY ON THE BOARD14
SHALL SERVE THE REMAINDER OF THE UNEXPIRED TERM OF THE FORMER15
MEMBER. The other board members serve for as long as they hold their16
executive director positions or are designated to serve by an executive17
director.18
(c) THE TERM OF EACH INITIAL MEMBER OF THE BOARD APPOINTED19
BY THE GOVERNOR ENDS ON JANUARY 15, 2027. FOR ONLY THE TERM20
IMMEDIATELY FOLLOWING THIS INITIAL TERM, THE MEMBERS DESCRIBED21
IN SUBSECTIONS (2)(a)(I)(A) AND (2)(a)(I)(B) OF THIS SECTION AND ONE22
OF THE MEMBERS DESCRIBED IN SUBSECTION (2)(a)(I)(D) OF THIS SECTION23
SERVE A TERM OF THREE YEARS. ALL OTHER TERMS OF SERVICE FOR ANY24
MEMBER APPOINTED BY THE GOVERNOR ARE FOUR YEARS, AS DESCRIBED25
IN SUBSECTION (2)(b) OF THIS SECTION.26
SECTION 16. In Colorado Revised Statutes, 43-10-103, amend27
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(2)(m) as follows:1
43-10-103. Division of aeronautics created - duties.2
(2) The division shall provide support for the Colorado3
aeronautical board in fulfilling its duties. The duties of the division also4
include, but are not limited to, the following:5
(m) Directing the state treasurer to transfer moneys MONEY from6
the aviation fund created by section 43-10-109 to the aviation account of7
the transportation infrastructure revolving fund created by section8
43-1-113.5, but only if such transfer is approved by the board. The9
division may direct the state treasurer to transfer moneys MONEY from the10
aviation account back to the aviation fund in an amount not exceeding the11
amounts previously transferred from the aviation fund, but only if such12
transfer is approved by the board. and by the transportation commission.13
SECTION 17. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly (August16
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a17
referendum petition is filed pursuant to section 1 (3) of article V of the18
state constitution against this act or an item, section, or part of this act19
within such period, then the act, item, section, or part will not take effect20
unless approved by the people at the general election to be held in21
November 2026 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
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