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HOUSE BILL 26-1076
BY REPRESENTATIVE(S) Paschal and Lindsay, Froelich, Jackson,
Nguyen, Rutinel, Duran;
also SENATOR(S) Ball and Lindstedt, Cutter, Hinrichsen, Kipp, Snyder,
Coleman.
CONCERNING MODIFICATIONS TO SELECT STATUTORY PROVISIONS RELATING
TO TRANSPORTATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 8-20-206.5, amend
(6)(a)(II) as follows:
8-20-206.5. Environmental response surcharge - liquefied
petroleum gas and natural gas inspection fund - perfluoroalkyl and
polyfluoroalkyl substances cash fund - hazardous materials
infrastructure cash fund - fuels impact reduction grant program -
definitions -repeal.
(6) (a) In addition to the payments collected pursuant to subsections
(l)(a) and (8)(a) of this section, the executive director of the department of
revenue shall also collect a fee to:
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.
(II) Support the department of transportation in functions related to
freight movement and infrastructure in the state, including the functions of
the OFFICE OF freight mobility and safety branch of IN the transportation
development division of the department of transportation created in section
43-1-117 ( 4 ), as well as infrastructure projects that enhance the safety of
movement of commercial materials;
SECTION 2. In Colorado Revised Statutes, 24-30-1104, amend
(2)(k) as follows:
24-30-1104. Functions of the department -definitions - rules.
(2) In addition to the county-specific functions set forth in
subsection ( 1) of this section, the department of personnel shall take such
steps as are necessary to fully implement a central state motor vehicle fleet
system by January 1, 1993. The provisions of the motor vehicle fleet system
created pursuant to this subsection (2) apply to the executive branch of the
state of Colorado, its departments, its institutions, and its agencies; except
that the governing board of each institution of higher education, by formal
action of the board, and the Colorado commission on higher education, by
formal action of the commission, may elect to be exempt from the
provisions of this subsection (2) and may obtain a motor vehicle fleet
system independent of the state motor vehicle fleet system. Under the
direction of the executive director, the department of personnel shall
perform the following functions pertaining to the motor vehicle fleet system
throughout the state:
(k) Allocate and charge against each state agency to which
transportation OR FUELING INFRASTRUCTURE is furnished on the basis of
mileage or on the basis of the period of time fot which each vehicle is
assigned to the agency, its proportionate part of the cost of maintenance and
operation of the motor vehicle fleet AND ITS SUPPORTING FUELING
INFRASTRUCTURE;
SECTION 3. In Colorado Revised Statutes, 33-61-102, amend (6)
as follows:
33-61-102. Definitions.
PAGE 2-HOUSE BILL 26-1076
As used in this article 61, unless the context otherwise requires:
(6) "Gas spot price" means the Henry Hub natural gas spot price as
reported by the United States energy information administration or a
successor ANOTHER price index selected by the commission PURSUANT TO
SECTION 33-61-103 (l)(a.5).
SECTION 4. In Colorado Revised Statutes, 33-61-103, amend
(l)(b)(I) introductory portion and (l)(b)(II); and add (l)(a.5) as follows:
33-61-103. Fee for oil and gas production -remediation of harm
to wildlife and land - cash fund.
(1) (a.5) No LATER THAN ONE WEEK AFTER OCTOBER 1, 2026, AND
NO LATER THAN ONE WEEK AFTER THE FIRST DAY OF EACH CALENDAR
QUARTER THEREAFTER, THE COMMISSION SHALL DETERMINE WHICH
NATURAL GAS INDEX TO USE TO CALCULATE THE AVERAGE GAS SPOT PRICE
FOR THE PREVIOUS CALENDAR QUARTER PURSUANT TO SUBSECTION ( 1 )(b) OF
THIS SECTION. IN DETERMINING WHICH NATURAL GAS INDEX TO USE, THE
COMMISSION SHALL CONSIDER REGIONAL DYNAMICS IN THE NATURAL GAS
MARKET THAT AFFECT THE SPOT PRICES THAT NATURAL GAS OPERA TORS
MAY RECEIVE FOR THEIR NATURAL GAS COMPARED TO THE GAS SPOT PRICE.
(b) (I) No later than one week TWO WEEKS after October 1, 2025,
and no later than one week TWO WEEKS after the first day of each calendar
quarter thereafter, the commission shall calculate, including performing any
necessary measurement unit conversions to calculate, the average oil spot
price and the average gas spot price for the previous calendar quarter and
publish the average oil spot price and the average gas spot price on the
commission's website. The commission shall routinely provide written
guidance to the division on factors relevant to the production fee amounts,
including guidance on the current condition of the oil and gas market and
the market's sensitivity to higher or lower production fee amounts. In
preparing the written guidance, the commission shall:
(II) No later than one month THREE WEEKS after the commission
publishes the average oil spot price and the average gas spot price for the
previous calendar quarter on the commission's website pursuant to
subsection ( 1 )(b )(I) of this section, the division shall set the production fee
amounts applicable to the previous calendar quarter, notify the executive
PAGE 3-HOUSE BILL 26-1076
director of the production fee amounts set, and publish the production fee
amounts on the division's website. Prior to adopting the production fee
amounts, the division shall consult with the commission on the appropriate
production fee amounts for the previous quarter and take into account the
maximum amounts described in section 33-61-102 (12) and other relevant
factors.
SECTION 5. In Colorado Revised Statutes, 42-2-106, amend ( 1 )( e)
as follows:
42-2-106. Instruction permits and temporary licenses.
( 1) ( e) The department shall not issue an instruction permit OR
ENDORSEMENT to a minor who is under twenty-one years of age OLD to
drive a motorcycle unless the applicant has successfully completed an
instruction program in motorcycle safety that is approved by the Colorado
state patrol.
SECTION 6. In Colorado Revised Statutes, 42-2-118, amend
(l)(a)(I); and add (l)(a)(l.5) as follows:
42-2-118. Renewal of license in person, by mail, or electronically
- donations to Emily Keyes - John W. Buckner organ and tissue
donation awareness fund - rules -definitions.
(1) (a) (I) EXCEPT AS PROVIDED IN SUBSECTION (l)(a)(l.5) OF THIS
SECTION, every license issued pursuant to section 42-2-114 or part 5 of this
article 2 is renewable prior to its expiration, upon application in person, by
mail as provided in subsection (1.3) of this section, or by electronic means
as provided in subsection ( 1.5) of this section; payment of the required fee;
passing of an eye test; and passing of such other examinations as the
applicant's physical limitations or driver's record indicates to be desirable.
If a person renews his or her license pursuant to this subsection ( 1 )( a )(1) by
electronic means, the person must attest under penalty of perjury that he or
she has had an eye examination by an optometrist or an ophthalmologist
within three years ONE YEAR before the date of application.
(1.5) IF AN APPLICANT APPLIES TO RENEW THEIR LICENSE WITHIN A
YEAR AFTER JT HAS EXPIRED, THE RENEWED LICENSE WILL HA VE THE SAME
EXPIRATION DA TE AS IF IT HAD BEEN RENEWED ON TIME, SO LONG AS THE
PAGE 4-HOUSE BILL 26-1076
PHOTO THE DEPARTMENT HAS ON FILE WILL MEET THE REQUIREMENTS OF 6
CFR37.25 (a)(l)FOR THE FEDERAL "REALIDACTOF2005" ATTHETIMEOF
THE NEXT EXPIRATION. THIS SUBSECTION (l)(a)(I.5) DOES NOT APPLY TO
PROVISIONS OF SUBSECTION (l)(b)(I) OF THIS SECTION, AUTHORIZING
EXTENSIONS.
SECTION 7. In Colorado Revised Statutes, 42-2-304, amend (1)
as follows:
42-2-304. Validity of identification card -rules.
( 1) Except as provided in subsection (2) of this section, an
identification card issued pursuant to this part 3 expires on the birthday of
the registrant in the fifth year after issuance of the identification card. IF AN
APPLICANT APPLIES TO RENEW THEIR IDENTIFICATION CARD WITHIN A YEAR
AFTER IT HAS EXPIRED, THE RENEWED IDENTIFICATION CARD WILL BE GIVEN
THE SAME EXPIRATION DA TE AS IF IT HAD BEEN RENEWED ON TIME,
PROVIDED THE PHOTO THE DEPARTMENT HAS ON FILE WILL MEET THE
REQUIREMENTS OF 6 CFR37.25 (a)(l) FOR THE FEDERAL" REAL ID ACT OF
2005" ATTHETIMEOFTHENEXTEXPIRATION. The department may purge its
records of such cards twelve years after issuance; except that any records
concerning identification cards issued prior to April 16, 1996, may not be
purged until October 1, 2003.
SECTION 8. In Colorado Revised Statutes, 42-4-106, amend
(5)(a)(I)(E), (5)(a)(I)(G), and (5)(c)(I) as follows:
42-4-106. \\'ho may restrict right to use highways -definitions
-rules.
(5) (a) (I) (E) The driver of a commercial vehicle, with four or more
drive wheels, other than a bus, shall affix tire chains to at least four of the
dri\Je wheel tires when the vehicle is tequired to be equipped with tire
chains under this subsection (5). The drivet of a bus shall affix tire chains
to at least two of the drive wheel tires when the vehicle is required to be
equipped with tire chains under this subsectio11 (5) INCLUDING A BUS, MUST
AFFIX TIRE CHAINS OR APPROVED AL TERNA TE TRACTION DEVICES TO THE
NUMBER OF DRIVE WHEEL TIRES REQUIRED BY AND IN THE MANNER
PRESCRIBED BY THE DEPARTMENT OF TRANSPORTATION'S RULES GOVERNING
CHAIN LAW AND PASSENGER VEHICLE TRACTION LAW REQUIREMENTS ON THE
PAGE 5-HOUSE BILL 26-1076
STATE HIGHWAY SYSTEM.
(G) On August 7, 2024, the OFFICE OF freight mobility and safety
branch created in section 43-1--117 (4) shall launch an awareness campaign
on any laws enacted that modify subsection (5)(a)(l)(C) of this section.
(c) As used in this subsection (5):
(I) "Alternate traction device" means a device that is approved by
the Colorado department of transportation as capable of providing traction
comparable to that of metal chains m tire cables under similar conditions.
SECTION 9. In Colorado Revised Statutes, 42-4-1014, amend (1)
introductory portion as follows:
42-4-1014. No commercial vehicles in the left lane -penalty.
( 1) A driver of a commercial vehicle may not enter the furthest left
FARTHEST LEFT-HAND GENERAL PURPOSE lane when driving in the following
areas of interstate 70 unless specifically required or authorized to pass by
law:
SECTION 10. In Colorado Revised Statutes, 42-4-1701, amend
( 4 )( d. 7)(Il)(B) as follows:
42-4-1701. Traffic offenses and infractions classified -penalties
- penalty and surcharge schedule -repeal.
(4) (d.7) (II) (B) Notwithstanding any provision of law to the
contrary, for each fine collected pursuant to section 42-4-617 (4) and
subsection ( 4 )( d. 7)(1) of this section~ the state treasurer shall credit one-half
of the amount of the fine to the account. All money credited to the account
is continuously appropriated to the department of transportation and to the
OFFICE OF freight mobility and safety branch created within the
transportation development division of the department of transportation
pursuant to section 43-1-117 to pay costs associated with the provision of
educational outreach and public information about runaway truck events,
the purchase and implementation of equipment for the purpose of reducing
the frequency of runaway truck events, and the completion of studies of
means by which the state may reduce the frequency of runaway truck events
PAGE 6-HOUSE BILL 26-1076
and improve overall commercial motor vehicle safety on state highways that
pass through the mountains of the state.
SECTION 11. In Colorado Revised Statutes, 43-1-106, amend (2)
introductory portion and (2)( d) as follows:
43-1-106. Transportation commission - efficiency and
accountability committee - powers and duties - report - rules -
definitions.
(2) One member of the eomnrission shall be appointed by the
governor ftom each of the following districts THE GOVERNOR SHALL
APPOINT ONE MEMBER OF THE COMMISSION FROM EACH OF THE FOLLOWING
DISTRICTS:
(d) District 4: The counties of Adams and Boulder AND THE CITY
AND COUNTY OF BROOMFIELD;
SECTION 12. In Colorado Revised Statutes, 43-1-110, add with
amended and relocated provisions (5) as follows:
43-1-110. Powers and duties of the chief engineer - hearings -
rule-making.
(5) [Formerly 43-1-114 (3)] Whenever the chief engineer is
authorized to enter into contracts or agreements, the eontr acts or agr cements
must be C,'<'.eeuted THE CHIEF ENGINEER, OR THEIR DESIGNEE, MUST EXECUTE
THE CONTRACTS OR AGREEMENTS in the name of the department of
transportation, state of Colorado. by the chief engineer, or his or her
designee Whenever the chief engineer is authorized to acquire or convey
real or personal property, title thereto must be aequir ed or eon v eyed THE
CHIEF ENGINEER, OR THEIR DESIGNEE, MUST ACQUIRE OR CONVEY THE TITLE
in the name of the department of transportation, state of Colorado, and THE
CHIEF ENGINEER, OR THEIR DESIGNEE, MUST EXECUTE all such conveyances.
must be executed by the chief engineer, or his or her designee All suits or
proceedings brought by or against the chief engineer must be in the name
of the department of transportation, state of Colorado.
SECTION 13. In Colorado Revised Statutes, 43-1-114, repeal (3)
as follows:
PAGE 7-HOUSE BILL 26-1076
43-1-114. Highway maintenance division -creation.
(3) Whenever the chief engineer is authorized to enter into contracts
or agreements, the contracts or dgreements must be executed in the name of
the department of tt ansportation, state of Colorado, by the chief engineer,
or his or her designee. Vlhenever the chief engineer is authorized to acquire
or eon v ey r cal 01 personal property, title thereto must be acquit ed 01
conveyed in the name of the department oftr ansportation, state of Color ado,
and all such conveyances must be executed by the chief engineer, 01 his 01
her designee. AH suits or proceedings brought by or against the chief
engineer must be in the name of the department of transportation, state of
Colorado.
SECTION 14. In Colorado Revised Statutes, 43-1-117, amend (4)
as follows:
43-1-117. Transportation development division-created-duties
- office of freight mobility and safety - repeal.
( 4) The OFFICE OF freight mobility and safety branch is created in the
transportation development division. The function of the OFFICE OF freight
mobility and safety branch is to plan, design, and implement programs and
projects that enhance freight mobility and safety within the state. No later
than January 1, 2022, the OFFICE OF freight mobility and safety branch shall
provide to the commission a long-term strategic plan that sets forth the
vision and goals for the branch OFFICE, key priorities for all freight-related
programs, activities, and projects, and guidelines for coordination between
the branch OFFICE and the freight advisory committee.
SECTION 15. In Colorado Revised Statutes, 43-1-117.5, add (6)
as follows:
( 6) NOTHING IN THIS ARTICLE 1 MEANS THAT THE TRANSIT AND RAIL
DIVISION HAS EXCLUSIVE AUTHORITY AND RESPONSIBILITY FOR THE POWERS
AND DUTIES DESCRIBED IN THIS ARTICLE 1. OTHER DIVISIONS OR
ENTERPRISES UNDER THE DEPARTMENT MAY UNDERTAKE TRANSIT AND
RAIL-RELATED POWERS AND DUTIES AS IDENTIFIED BY THE DEPARTMENT OR
ENTERPRISE BOARD, CONSISTENT WITH APPLICABLE LAW.
SECTION 16. In Colorado Revised Statutes, repeal 43-1-124 as
PAGE 8-HOUSE BILL 26-1076
follows:
43-1-124. Study of transportation commission districts.
No later than August 1, 2016, legislative council staff, with the
eoopet ation of the department, shall pt epat e and pt esent to the
transportation legislation review committee a research study of the
commission districts established in section 43-1-106 (2). The study must
document changes since the last time the general assembly modified the
number and boundaries of the commission districts, including changes in
population, number of lane miles, and annual vehicle miles traveled fut
each of the distt icts and must take into account existing county and
municipal boundat ies, t egional transportation authorities and distt icts, and
transportation planning regions.
SECTION 17. In Colorado Revised Statutes, 43-2-150, amend
(2)(d) as follows:
43-2-150. Roadside chain service-rules -permits -fees -liability
-definition.
(2) (d) The department may charge a fee to issue a permit to an
applicant. The fee must be set in an amount to offset the direct and indirect
costs of issuing permits under this subsection (2). The state treasurer shall
credit the fees to the STATE highway users tax fund created in section
43-4-201 SECTION 43-1-219.
SECTION 18. In Colorado Revised Statutes, 43-2-402, amend (1)
as follows:
43-2-402. N oise mitigation measures.
( 1) An applicant may submit an application for noise mitigation
measures to the department between November 1 and March 31. in
accordance with the application pr ocedm es established by the transportation
commission by t ule.
SECTION 19. In Colorado Revised Statutes, 43-2-403, amend (l);
and repeal (3)(c)(I) as follows:
PAGE 9-HOUSE BILL 26-1076
43-2-403. Noise mitigation - privately funded -rules.
(1) An applicant may submit an application for noise mitigation
measures to be privately funded to the department at any time. in
accot dance with the application pt ocedur cs established by the tt ansportation
commission by mle. ·
(3) (c) Noise mitigation measures constructed in accordance with
this section shall:
(I) Comply with applicable mies and procedural directives of the
department and the transportation commission,
SECTION 20. In Colorado Revised Statutes, repeal 43-2-404 as
follows:
43-2-404. Rule-making authority.
The transportation commission c1eated by part 1 of article 1 of this
title shall ptomulgate-tules in accordance with article 4 of title 24, C.R.S.,
to implement the provisions of this part 4. The mies shall include noise
mitigation staIJdards and a list of approved noise mitigation measures and
prnducts that meet the standa1ds.
SECTION 21. In Colorado Revised Statutes, 43-4-205, amend (6)
introductory portion, (6)(b) introductory portion, and (6.5)(a); and repeal
(6)(a), (7), and (13) as follows:
43-4-205. Allocation of fund -repeal.
(6) Revenue raised by the excise tax imposed on gasoline and
special fuel pursuant to sections 39-27-102 and 39-27-102.5 in excess of
seven cents per gallon of tax shall MUST be placed in the highway users tax
fund to be allocated as follows: except that revenue raised by the excise tax
imposed on gasoline in excess of eighteen cents pet gallon of tax shall be
allocated aeeor ding to subsection (6)(b) of this section
(a) Sixteen percent of such revenue shall be deposited in a special
account within the highway use1s tax fund until July 1, 1997, and shall be
expended only fo1 highway b1idge repair, replacernent, or posting, pursuant
PAGE 10-HOUSE BILL 26-1076
to pm vis ions of paragraph (a) of subsection (7) of this section.
(b) The remaining balance of such revenue may be expended only
for improvements to highways within the state, including new construction,
safety improvements, maintenance, and capacity improvements, and for
other transportation-related projects to the extent authorized by subsection
(6.8) of this section and sections 43-4-206 (3), 43-4-207 (I), and 43-4-208
( 1 ), and may not be expended for administrative purposes. Such revenue is
allocated as follows:
(6.5) (a) Except as otherwise provided in subsections (6.4) and (6.7)
of this section, the revenue accrued to and transferred to the highway users
tax fund pursuant to section 24-75-219 or 39-26-123 (4)(a) or appropriated
to the highway users tax fund pursuant to House Bill 02-1389, enacted in
We2, must be paid to the state highway fund for allocation to the
department of transportation and expended as provided in section 43-4-206
(2).
(7) (a) Revenues accmnulated in the special account for highwa,
bridges, as provided in paragraph (a) of subsection (6) of this section, shall
be allocated at least once each year among state, counties, and municipal
highway systenis based on total cost needs under the criteria developed by
means of the most cunent 1eport of the fedetal bridge inventory p10gra1n.
For the fiscal year corm11encing 011 July 1, 1981, the allocation shall be
determined in accordance with needs developed by October 1, 1981. In
subsequent fiscal years, the allocation shall be determined in accordance
with needs reports available on January 1, 1982, and January 1 of each
subsequent year, with the allocation amounts to be effective on July 1 of
each year. After allocation of the state share of the special b1idge account,
the share for the counties and municipalities shall be allocated, subject to
annual appr opt iation by the genet al assembly, based upon need as
determined by the special highway committee which shall be composed of
f-out tepresentatives each from counties and municipalities. Allocations to
local governments shall 1equite a minimum of twenty percent of local
matching funds fr om I e venues othet than the special btidge account within
the highway users tax fund.
(b) Repealed.
(13) All of the additional tevenues which are ctedited to the
PAGE 11-HOUSE BILL 26-1076
highway users tax fund as a result of the enactment of House Dill No. 1012
at the first extraordinary session of the fifty-seventh general assernbly shall
be expended only fm impr o v en,ents to highways within the state, including
new construction, safety imprnvements, maintenance, and capacity
itnprnvernents. No moneys shall be expended for administrative purposes.
SECTION 22. In Colorado Revised Statutes, 43-4-206, amend
(2)(a) introductory portion as follows:
43-4-206. State allocation.
(2) (a) Revenue accrued to and transferred to the highway users tax
fund pursuant to section 39-26-123 (4)(a) or apprnpriated to the highway
ttsers tax fund pursuant to llottse Bill 02-1389, enacted at the second 1egular
session of the sixty-third general assembly, and credited to the state
highway fund pursuant to section 43-4-205 (6.5) shall be expended by the
department of transportation for the implementation of the strategic
transportation project investment program:
SECTION 23. In Colorado Revised Statutes, 43-4-803, add (23.7)
as follows:
43-4-803. Definitions.
(23.7) "TOLL EVASION" MEANS:
(a) FAILING TO PAY A TOLL OR AVOIDING A TOLL; OR
(b) ENTERING OR EXITING A TOLL LANE OUTSIDE OF A DESIGNATED
ACCESS OR EGRESS POINT, INCLUDING SWERVING BETWEEN A TOLL LANE AND
A GENERAL PURPOSE LANE, WITHOUT REGARD TO WHETHER A TOLL WAS
ASSESSED OR PAID.
SECTION 24. In Colorado Revised Statutes, 43-4-1202, amend
(9.7) as follows:
43-4-1202. Definitions.
As used in this pmt 12, unless the context otherwise requires:
PAGE 12-HOUSE BILL 26-1076
(9.7) "Gas spot price" means the Henry Hub natural gas spot price
as reported by the United States energy information administration or a
successor ANOTHER price index selected by the energy and carbon
management commission created in section 34-60-104.3 AND PURSUANT TO
SECTION 43-4-1204 (l)(a.5).
SECTION 25. In Colorado Revised Statutes, 43-4-1204, amend
(l)(b)(I) introductory portion and (l)(b)(II); and add (l)(a.5) as follows:
43-4-1204. Production fee for clean transit imposed by the
enterprise - local transit operations program - local transit grant
program -rail funding program -cash funds -report.
(1) (a.5) No LATER THAN ONE WEEK AFTER OCTOBER 1, 2026, AND
NO LATER THAN ONE WEEK AFTER THE FIRST DAY OF EACH CALENDAR
QUARTER THEREAFTER, THE ENERGY AND CARBON MANAGEMENT
COMMISSION CREATED IN SECTION 34-60-104.3 ( 1) SHALL DETERMINE WHICH
NATURAL GAS INDEX TO USE PURSUANT TO SECTION 33-61-102 (6). IN
DETERMINING WHICH NATURAL GAS INDEX TO USE, THE ENERGY AND
CARBON MANAGEMENT COMMISSION SHALL CONSIDER REGIONAL DYNAMICS
IN THE NATURAL GAS MARKET THAT AFFECT THE SPOT PRICES THA TNA TURAL
GAS OPERA TORS MAY RECEIVE FOR THEIR NATURAL GAS COMPARED TO THE
GAS SPOT PRICE.
(b) (I) No later than one week TWO WEEKS after October 1, 2025,
and no later than one week TWO WEEKS after the first day of each calendar
quarter thereafter, the energy and carbon management commission, created
in section 34-60-104.3 ( 1 ), shall calculate, including performing any
necessary measurement unit conversions to calculate, the average oil spot
price and the average gas spot price for the previous calendar quarter and
publish the average oil spot price and average gas spot price on the energy
and carbon management commission's website. The energy and carbon
management commission shall routinely provide written guidance to the
enterprise on factors relevant to the production fee amounts, including
guidance on the current condition of the oil and gas market and the market's
sensitivity to higher or lower production fee amounts. In preparing the
written guidance, the energy and carbon management commission shall:
(II) No later than one nronth THREE WEEKS after the energy and
carbon management commission publishes the average oil spot price and
PAGE 13-HOUSE BILL 26-1076
the average gas spot price for the previous calendar quarter on the energy
and carbon management commission's website pursuant to subsection
( 1 )(b )(I) of this section, the enterprise shall set the production fee amounts
applicable to the previous calendar quarter, notify the executive director of
the department of revenue of the production fee amounts set, and publish
the production fee amounts on the enterprise's website. Prior to adopting the
production fee amounts, the enterprise shall consult with the energy and
carbon management commission on the appropriate production fee amounts
for the previous quarter and take into account the maximum amounts
described in section 43-4-1202 and other relevant market factors.
SECTION 26. In Colorado Revised Statutes, 43-4-806, add (6)(r)
as follows:
43-4-806. High-performance transportation enterprise -creation
- enterprise status - board - funds - powers and duties - user fees -
limitations - reporting requirements - violations on the peak period
shoulder lanes -legislative declaration -definitions.
(6) In addition to any other powers and duties specified in this
section, the transportation enterprise board has the following powers and
duties:
(r) (I) As PART OF A CONTRACT RELATED TO THE PROVISION OF
PUBLIC PASSENGER RAIL SERVICE WITH A PASSENGER RAIL FACILITY
PROVIDER OR PASSENGER RAIL OPERATOR AND SUBJECT TO THE
REQUIREMENTS OF THIS SUBSECTION (6)(r), TO AGREE TO AND OBTAIN,
DIRECTLY OR INDIRECTLY, AN INSURANCE POLICY AGAINST LIABILITIES OF
THE TRANSPORTATION ENTERPRISE AND THE PASSENGER RAIL FACILITY
PROVIDER, PASSENGER RAIL OPERATOR, OR BOTH, AND TO PAY ANY
DEDUCTIBLE, RETENTION, OR SIMILAR CHARGE UNDER THE POLICY
REGARDLESS OF THE SOURCE OF THE LIABILITY FROM WHICH THE CHARGE
ARISES.
(II) BEFORE EXERCISING THE AUTHORITY GRANTED IN THIS
SUBSECTION (6)(r), THE TRANSPORTATION ENTERPRISE BOARD MUST MAKE
A FINDING THAT THE CONTRACT FOR THE PROVISION OF PUBLIC PASSENGER
RAIL SERVICE WITH A PASSENGER RAIL FACILITY PROVIDER OR PASSENGER
RAIL OPERATOR SERVES A VALID PUBLIC PURPOSE AND THAT THE RISKS TO
THE ENTERPRISE THAT MAY ARISE FROM ENTERING INTO THE CONTRACT ARE
PAGE 14-HOUSE BILL 26-1076
SUFFICIENTLY LIMITED AND OUTWEIGHED BY THE BENEFITS OF THE
CONTRACT.
(III) FOR PURPOSES OF THIS SUBSECTION (6)(r):
(A) "PASSENGER RAIL FACILITY PROVIDER" MEANS A CLASS I
RAILROAD, A SPECIAL DISTRICT CREATED PURSUANT TO TITLE 32 THAT IS
INTENDED TO PROVIDE TRANSPORTATION SERVICES BY RAIL, A REGIONAL
TRANSPORTATION AUTHORITY CREATED PURSUANTTOPART6 OF ARTICLE4
OF TITLE 43 INCLUDING A TRANSPORTATION PLANNING ORGANIZATION
EXERCISING THE POWERS OF A REGIONAL TRANSPORTATION AUTHORITY, AND
A CONTRACTOR TO SUCH A RAILROAD, SPECIAL DISTRICT, OR AUTHORITY,
BUT ONLY IF THE RAILROAD, SPECIAL DISTRICT, AUTHORITY, OR
CONTRACTOR OWNS OR EXERCISES CONTROL OVER PROPERTY THAT WILL BE
USED IN THE OPERATION OF THE PUBLIC PASSENGER RAIL SERVICE TO BE
PROVIDED PURSUANT TO THE CONTRACT SPECIFIED IN SUBSECTION (6)(r)(I)
OF THIS SECTION.
(B) "PASSENGER RAIL OPERATOR" MEANS A PROVIDER OF TRAIN AND
ENGINE CREWS AND FUNCTIONS ASSOCIATED WITH THE OPERATION AND
MAINTENANCE OF THE EQUIPMENT ASSOCIATED WITH PROVIDING PASSENGER
RAIL SERVICE.
(IV) NOTHING IN THIS SUBSECTION (6)(r) WAIVES, DIMINISHES, OR
OTHERWISE AFFECTS ANY IMMUNITIES OR DEFENSES AVAILABLE TO THE
TRANSPORTATION ENTERPRISE OR ANY OTHER IMPACTED PUBLIC ENTITY.
(V) ANY PREMIUM, DEDUCTIBLE, RETENTION, OR SIMILAR CHARGE
REQUIRED TO BE PAID UNDER A TERM IN AN AGREEMENT ENTERED INTO
UNDER THE AUTHORITY GRANTED IN THIS SUBSECTION (6)(r) IS PAYABLE
ONLY FROM REVENUE AVAILABLE FOR SUCH PAYMENTS CONSISTENT WITH
SUBSECTION (5) OF THIS SECTION. NOTHING IN THIS SUBSECTION (6)(r)
ALTERS ANY CONTRACTUAL RESTRICTIONS ON REVENUES PLEDGED TO THE
PAYMENT OF OBLIGATIONS UNDERTAKEN PURSUANT TO THE AUTHORITY
GRANTED TO THE TRANSPORTATION ENTERPRISE IN SUBSECTION (6)(c) OF
THIS SECTION.
SECTION 27. In Colorado Revised Statutes, 43-4-1204, amend
(3)(c)(III) as follows:
PAGE 15-HOUSE BILL 26-1076
43-4-1204. Production fee for clean transit imposed by the
enterprise - local transit operations program - local transit grant
program -rail funding program -cash funds - report.
(3) ( c) Pursuant to the purposes of the local transit operations
program, the enterprise shall allocate money from the local transit
operations cash fund to eligible entities using a formula developed by the
board, which shall be based on population, population density, local zoning,
transit ridership, vehicle revenue miles, share of disproportionately
impacted community population, and other transit-related criteria. An
eligible entity that is awarded money from the local transit operations cash
fund shall:
(III) Use the entirety of the money no later than two years after the
contract allocating the money is finalized; EXCEPTTHA TTHE CLEAN TRANSIT
ENTERPRISE BOARD MAY EXTEND THIS PERIOD BY ONE YEAR FOR CAPITAL
AWARD CONTRACTS.
SECTION 28. In Colorado Revised Statutes, 43-4-1301, amend
(1 )(b) as follows:
43-4-1301. Legislative declaration.
( 1) The general assembly hereby finds and declares that:
(b) It is necessary and appropriate to offset and mitigate these
impacts by creating a nonattainment area air pollution mitigation enterprise
that has the business purpose of providing funding for AND DESIGN AND
CONSTRUCTION OVERSIGHT AND MANAGEMENT OF eligible projects that
reduce traffic congestion, including demand management projects that
encourage alternatives to driving alone, and thereby reduce travel delays,
engine idle time, and unproductive fuel consumption or that directly reduce
emissions by means such as retrofitting of construction equipment;
SECTION 29. In Colorado Revised Statutes, 43-4-1303, amend
(2)(b ), (3) introductory portion, and ( 6)(b ); and add (2)( c) and (3 )( d) as
follows:
43-4-1303. Nonattainment area air pollution mitigation
enterprise -creation -board - powers and duties - rules -fees -fund.
PAGE 16-HOUSE BILL 26-1076
(2) (b) Appointed members EXCEPT AS PROVIDED IN SUBSECTION
(2)(c) OF THIS SECTION, MEMBERS of the board APPOINTED BY THE
GOVERNOR serve at the pleasure ofthc governor FOR TERMS OF FOUR YEARS.
A MEMBER WHO IS APPOINTED TO FILL A VACANCY ON THE BOARD SHALL
SERVE THE REMAINDER OF THE UNEXPIRED TERM OF THE FORMER MEMBER.
The other board members serve for as long as they hold their executive
director positions or are designated to serve by an executive director.
( c) THE TERM OF EACH INITIAL MEMBER OF THE BOARD APPOINTED
BY THE GOVERNOR ENDS ON JANUARY 15, 2027. FOR ONLY THE TERM
IMMEDIATELY FOLLOWING THIS INITIAL TERM, THE MEMBERS DESCRIBED IN
SUBSECTIONS (2)(a)(l)(A) AND (2)(a)(I)(B) OF THIS SECTION AND ONE OF
THE MEMBERS DESCRIBED IN SUBSECTION (2)(a)(I)(D) OF THIS SECTION
SERVE A TERM OF THREE YEARS. ALL OTHER TERMS OF SERVICE FOR ANY
MEMBER APPOINTED BY THE GOVERNOR ARE FOUR YEARS, AS DESCRIBED IN
SUBSECTION (2)(b) OF THIS SECTION.
(3) The business purpose of the enterprise is to mitigate the
environmental and health impacts of increased air pollution from motor
vehicle emissions in nonattainment areas that results from the rapid and
continuing growth in retail deliveries made by motor vehicles and in
prearranged rides provided by transportation network companies by
providing funding for AND DESIGN AND CONSTRUCTION OVERSIGHT AND
MANAGEMENT OF eligible projects that reduce traffic, including demand
management projects that encourage alternatives to driving alone or that
directly reduce air pollution, such as retrofitting of construction equipment,
construction of roadside vegetation barriers, and planting trees along
medians. To allow the enterprise to accomplish this purpose and fully
exercise its powers and duties through the board, the enterprise may:
( d) ENGAGE IN ALL ACTIVITIES NECESSARY TO DIRECTLY MITIGATE
THE ENVIRONMENTAL AND HEALTH IMPACTS OF AIR POLLUTION, INCLUDING
THE ADMINISTRATION, ACQUISITION, DESIGN, CONSTRUCTION,
IMPROVEMENT, MAINTENANCE, AND PURSUIT OF OTHER INNOVATIVE AND
EFFICIENT MEANS OF COMPLETING ELIGIBLE PROJECTS AND CONTRACTING
WITH A PERSON, FIRM, OR CORPORATION FOR THE PERFORMANCE OF ANY
SUCH WORK.
( 6) In addition to any other powers and duties specified in this
section, the board has the following general powers and duties:
PAGE 17-HOUSE BILL 26-1076
(b) To acquire, hold title to, and dispose of, AND VOLUNTARILY
PURCHASE, DESIGN, CONSTRUCT, IMPROVE, MAINTAIN, ADMINISTER, AND
OPERATE real and personal property, INCLUDING RIGHTS-OF-WAY AND ALL,
OR PORTIONS OF, ELIGIBLE PROJECTS, NECESSARY FOR THE PURPOSES OF THE
ENTERPRISE AND TO CONTRACT WITH A PERSON, FIRM, OR CORPORATION FOR
THE PERFORMANCE OF ANY SUCH WORK;
SECTION 30. In Colorado Revised Statutes, 43-10-103, amend
(2)(m) as follows:
43-10-103. Division of aeronautics created -duties.
(2) The division shall provide support for the Colorado aeronautical
board in fulfilling its duties. The duties of the division also include, but are
not limited to, the following:
(m) Directing the state treasurer to transfer moneys MONEY from the
aviation fund created by section 43-10-109 to the aviation account of the
transportation infrastructure revolving fund created by section 43-1-113 .5,
but only if such transfer is approved by the board. The division may direct
the state treasurer to transfer moneys MONEY from the aviation account back
to the aviation fund in an amount not exceeding the amounts previously
transferred from the aviation fund, but only if such transfer is approved by
the board. and by the transportation commission.
SECTION 31. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or pait of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
PAGE 18-HOUSE BILL 26-1076
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Juli~~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~~
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
mes R~had Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED OY\ YY\arJ(A,\,i 'JY'.te-: \ ~-! 2.DZ ~ a r , , : iJ 0lf h1
(D&te and Time)
PAGE 19-HOUSE BILL 26-1076