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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0858.01 Caroline Martin x5902 SENATE BILL 26-150
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING REFORMS TO THE REGIONAL TRANSPORTATION DISTRICT101
TO INCREASE ACCOUNTABILITY.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 changes requirements for the regional transportation
district (RTD). Section 3 requires RTD, on or before December 31, 2027,
to contract with a third party to complete and submit to the general
assembly a comprehensive analysis and planning effort that informs a
holistic vision and plan for providing service to riders with disabilities in
the district and that includes:
SENATE SPONSORSHIP
Ball and Jodeh,
HOUSE SPONSORSHIP
Froelich and Jackson,
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.
! A needs assessment of the population, needs, and service
gaps for riders with disabilities in the district;
! An assessment of possible improvements to the integration
of access-a-ride and access-on-demand paratransit services;
! An assessment of opportunities for the district to
collaborate with local and regional partners to address
service gaps;
! Engagement with paratransit users, riders with disabilities,
service providers, and other key stakeholders;
! The establishment of an overarching framework and goals
to guide future paratransit decision-making;
! A plan for fiscal sustainability that is informed by
considerations of long-term cost projections, tradeoffs
between services, and peer agency comparisons; and
! An assessment and plans for the use of any innovative and
technology-enabled service models.
Section 4 changes elections for RTD board members (members)
for the November 2028 election by requiring the office of legislative legal
services and the legislative council staff to apportion the composition of
the board so that the 5 elected directors will represent, to the extent
practical, the people of the district on the basis of population. After the
federal census in 2030, and after each federal census thereafter, the
independent legislative redistricting commission is required to apportion
the composition of the board so that the 5 elected directors will represent,
to the extent practical, the people of the district on the basis of population.
The office of legislative legal services, the legislative council staff, and
the independent legislative redistricting commission are required to take
into account the most recently available district ridership numbers when
drawing director districts. Members elected from newly drawn districts
may serve up to 2 4-year terms.
Section 5 makes conforming changes.
Section 6 specifies that the board may elect one member as
chairperson of the board to serve for a term of 2 years, elect one member
as chairperson pro tempore of the board, and elect one or more
individuals as secretary and treasurer of the board. Section 7 changes the
number of members that constitutes a quorum of the RTD board from 8
to 5.
Section 8 changes the salary for a member that is not selected as
board chairperson and is elected or appointed in 2028 or later from
$12,000 to $36,000 annually, adjusted for inflation or deflation. The
salary for a board chairperson selected after the general election in
November 2028 equals 150% of the salary of a member who is not
selected as board chairperson.
Section 9 changes the composition of the RTD board. Current law
provides for 15 board members, all of whom are elected. The bill
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provides that, beginning January 1, 2029, the current members' terms will
expire and the terms of 9 new members will begin, with 5 of those
members being elected and 4 being appointed by the governor. Of the 4
newly appointed members:
! 2 must be appointed from a list of nominees provided by
the Denver regional council of governments; and
! 2 must be appointed at the governor's discretion.
On and after January 1, 2029, the 4 appointed members are each
required to reside within the district, represent the district at large, and
must be confirmed by the senate after appointment. At least one member
must be a current or former member of the union that represents the
largest collective bargaining unit of employees of the district. The 4
appointed members are collectively required to possess expertise related
to the following areas:
! Finance;
! Land use and multimodal transportation planning;
! Transit operations; and
! Transit agency programs serving disproportionately
impacted communities.
Beginning in 2028, the Denver regional council of governments
shall provide the governor with a list of nominees for board member,
from which list the governor shall select members. The list must contain
at least 3 times the number of qualified nominees as there are member
positions to be filled, and the Denver regional council of governments is
required to comply with certain requirements when compiling the list.
Newly appointed members may serve up to 2 terms, with each
term expiring after a member has served for 4 consecutive calendar years;
except that 2 of the initial appointees will serve an initial term of 2 years.
Any term served by a member that lasts for less than 2 years does not
count towards the member's 2-term limit.
The member terms are staggered such that, on January 1, 2031, 4
of the 9 members' terms expire. At the November 2030 general election,
and at every general election in an even-numbered year thereafter, the
number of members to be elected at the election equals the number of
member terms expiring on January 1 of the following year. On or before
the day of the November 2030 general election, and on or before the day
of the November general election in every even-numbered year thereafter,
the governor shall appoint 2 new board members, one of whom is from
a list of nominees provided by the Denver regional council of
governments, and one of whom is appointed at the governor's discretion.
If the seat of a member that was chosen from a list of nominees
provided by the Denver regional council of governments is vacant, the
Denver regional council of governments shall, within 60 days after the
vacancy occurs, provide the governor with a list of at least 3 qualified
nominees for the vacant member seat. The governor shall, within 60 days
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after receiving the list or 60 days after the vacancy occurs, whichever is
later, select a member from the list to fill the vacancy. If the seat of a
member that the governor appointed at the governor's discretion is vacant,
the governor shall, within 60 days after the vacancy occurs, select a
member to fill the vacancy at the governor's discretion.
The governor may remove an appointed member for malfeasance
in office, neglect of duty, failure to regularly attend meetings, or any other
cause that renders the member incapable or unfit to discharge the duties
of the board. If any member is absent from 2 consecutive meetings
without reasonable cause, the chairperson shall notify the governor, who
may remove the absent member and appoint a qualified replacement for
the unexpired term. A prospective member to be appointed shall disclose
any potential conflicts of interest prior to confirmation and shall disclose
any conflicts that arise during the member's term at a public board
meeting. Failure to disclose, or taking action on a matter in which the
member has an undisclosed conflict of interest, constitutes cause for
removal by the governor.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Modernizing the Regional Transportation District Act".3
SECTION 2. In Colorado Revised Statutes, 32-9-102, add (3)4
and (4) as follows:5
32-9-102. Legislative declaration.6
(3) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:7
(a) S ENATE BILL 25-161, ENACTED IN 2025, DIRECTED THE8
REGIONAL TRANSPORTATION DISTRICT TO MAXIMIZE RIDERSHIP LEVELS9
ACROSS THE REGION AND CREATED A REGIONAL TRANSPORTATION10
DISTRICT ACCOUNTABILITY COMMITTEE . THE ACCOUNTABILITY11
COMMITTEE WAS CREATED TO EVALUATE AND MAKE RECOMMENDATIONS12
RELATED TO GOVERNANCE, WORKFORCE RETENTION, AND PARATRANSIT13
SERVICES.14
(b) T HE ACCOUNTABILITY COMMITTEE WAS COMPOSED OF A15
DIVERSE SET OF APPOINTMENTS REPRESENTING KEY CONSTITUENCIES OF16
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THE DISTRICT , INCLUDING LOCAL GOVERNMENTS , DISTRICT BOARD1
MEMBERS, TRANSIT RIDERS WITH DISABILITIES, TRANSPORTATION EQUITY2
ADVOCATES, ENVIRONMENTAL ADVOCATES , FINANCIAL EXPERTS , AND3
MORE;4
(c) T O CARRY OUT ITS STATUTORY RESPONSIBILITIES , THE5
ACCOUNTABILITY COMMITTEE IMPLEMENTED A ROBUST PROCESS GUIDED6
BY A NEUTRAL FACILITATOR , WHICH GENERATED THIRTY -ONE7
RECOMMENDATIONS SUPPORTED BY A MAJORITY OF THE COMMITTEE;8
(d) T HE ACCOUNTABILITY COMMITTEE IDENTIFIED SEVERAL9
SYSTEMIC CHALLENGES FACING THE DISTRICT , INCLUDING LOW AND10
STAGNATING RIDERSHIP , MOUNTING BUDGET CHALLENGES , A LOSS OF11
PUBLIC TRUST AND CONFIDENCE , AND A LACK OF A COORDINATED ,12
STRATEGIC VISION;13
(e) T HE ACCOUNTABILITY COMMITTEE IDENTIFIED SEVERAL14
GOVERNANCE-RELATED CHALLENGES FACING THE DISTRICT , INCLUDING15
THE LARGE SIZE OF THE BOARD;16
(f) THE ACCOUNTABILITY COMMITTEE FOUND THAT THE SIZE OF17
THE BOARD POSED CHALLENGES TO BRIEFING MEMBERS, DEVELOPMENT OF18
PRODUCTIVE WORKING RELATIONSHIPS AMONG MEMBERS , REACHING19
COMMON UNDERSTANDINGS , AND NAVIGATING DIFFICULT DECISIONS .20
THOSE FINDINGS ECHO THE 2021 RTD GOVERNANCE EVALUATION FINAL21
REPORT, WHICH STATED : "BEST PRACTICE SHOWS THAT AS GOVERNING22
BOARDS GROW IN SIZE, THE EFFICACY OF THEIR WORK DECREASES."23
(g) THE ACCOUNTABILITY COMMITTEE ALSO IDENTIFIED THE LACK24
OF COMPETITION FOR ELECTED SEATS AND THE LACK OF EXPERTISE ON THE25
BOARD AS GOVERNANCE -RELATED CHALLENGES FACING THE DISTRICT .26
ACCORDING TO THE SECRETARY OF STATE , OUT OF ONE HUNDRED27
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SEVENTY-TWO DISTRICT ELECTORAL CONTESTS OCCURRING SINCE 1980,1
FORTY PERCENT WERE UNCONTESTED. THE ACCOUNTABILITY COMMITTEE2
IDENTIFIED A NEED FOR KEY AREAS OF BOARD EXPERTISE TO ENSURE THE3
BOARD COULD PROVIDE THE NECESSARY POLICY LEADERSHIP AND FISCAL4
OVERSIGHT TO GUIDE THE DISTRICT THROUGH ITS CHALLENGES.5
(h) WHILE THE DISTRICT HAS SERVED THE REGION FOR DECADES6
UNDER ITS CURRENT GOVERNANCE MODEL , THE ACCOUNTABILITY7
COMMITTEE DETERMINED THAT THE STRUCTURES , PRACTICES , AND8
EXPECTATIONS THAT MAY HAVE BEEN ADEQUATE IN THE PAST ARE NO9
LONGER SUFFICIENT TO MEET THE SCALE, COMPLEXITY, AND URGENCY OF10
THE DISTRICT'S CURRENT AND FUTURE CHALLENGES;11
(i) T HE ACCOUNTABILITY COMMITTEE CONCLUDED THAT THE12
CURRENT GOVERNANCE STRUCTURE DOES NOT ADEQUATELY PROVIDE THE13
LEVEL OF EXPERTISE , ACCOUNTABILITY , AND STRATEGIC LEADERSHIP14
REQUIRED TO SUPPORT THE DISTRICT'S SCALE, FISCAL COMPLEXITY, AND15
REGIONAL IMPORTANCE , AND THAT THERE IS AN URGENT NEED FOR16
REFORM; AND17
(j) THE ACCOUNTABILITY COMMITTEE FURTHER CONCLUDED THAT18
THE DISTRICT IS AT A CRITICAL CROSSROADS , THE DISTRICT 'S CURRENT19
GOVERNANCE STRUCTURE DOES NOT WORK IN THE PRESENT AND WILL NOT20
WORK IN THE FUTURE, AND SIGNIFICANT CHANGE IS NEEDED IN THE FORM21
OF A DIFFERENT DISTRICT GOVERNANCE STRUCTURE.22
(4) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT23
THIS SENATE BILL 26-____ ADVANCES IMPLEMENTATION OF THE24
REGIONAL TRANSPORTATION DISTRICT ACCOUNTABILITY COMMITTEE25
RECOMMENDATIONS THAT ARE RELEVANT TO THE REGIONAL26
TRANSPORTATION DISTRICT STATUTES, WHILE SOME RECOMMENDATIONS27
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WERE MADE DIRECTLY TO THE DISTRICT OR OTHER KEY STAKEHOLDERS .1
THE GENERAL ASSEMBLY EXPECTS THE DISTRICT TO EXECUTE AND REPORT2
ON THE STATUS OF ALL RECOMMENDATIONS OF THE 2025-20263
COMMITTEE, REGARDLESS OF WHETHER THOSE RECOMMENDATIONS ARE4
IMPLEMENTED IN THIS SENATE BILL 26_____.5
SECTION 3. In Colorado Revised Statutes, 32-9-165, add (3)(c)6
and (3)(d) as follows:7
32-9-165. Planning - ten-year plan - comprehensive8
operational analysis - reporting - funding study - transit-oriented9
community infrastructure - budget transparency and oversight.10
(3) Reports.11
(c) O N OR BEFORE DECEMBER 31, 2027, THE DISTRICT SHALL12
CONTRACT WITH A THIRD PARTY TO COMPLETE AND SUBMIT TO THE13
GENERAL ASSEMBLY A COMPREHENSIVE ANALYSIS AND PLANNING EFFORT14
THAT INFORMS A HOLISTIC VISION AND PLAN FOR PROVIDING SERVICE TO15
RIDERS WITH DISABILITIES IN THE DISTRICT AND THAT INCLUDES:16
(I) A NEEDS ASSESSMENT OF THE POPULATION , NEEDS , AND17
SERVICE GAPS FOR RIDERS WITH DISABILITIES IN THE DISTRICT;18
(II) A N ASSESSMENT OF POSSIBLE IMPROVEMENTS TO THE19
INTEGRATION OF ACCESS-A-RIDE AND ACCESS-ON-DEMAND PARATRANSIT20
SERVICES;21
(III) A N ASSESSMENT OF OPPORTUNITIES FOR THE DISTRICT TO22
COLLABORATE WITH LOCAL AND REGIONAL PARTNERS TO ADDRESS23
SERVICE GAPS;24
(IV) E NGAGEMENT WITH PARATRANSIT USERS , RIDERS WITH25
DISABILITIES, SERVICE PROVIDERS, AND OTHER KEY STAKEHOLDERS;26
(V) THE ESTABLISHMENT OF AN OVERARCHING FRAMEWORK AND27
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GOALS TO GUIDE FUTURE PARATRANSIT DECISION-MAKING;1
(VI) A PLAN FOR FISCAL SUSTAINABILITY THAT IS INFORMED BY2
CONSIDERATIONS OF LONG-TERM COST PROJECTIONS, TRADEOFFS BETWEEN3
SERVICES, AND PEER AGENCY COMPARISONS; AND4
(VII) A N ASSESSMENT AND PLANS FOR THE USE OF ANY5
INNOVATIVE AND TECHNOLOGY-ENABLED SERVICE MODELS.6
(d) O N OR BEFORE DECEMBER 31, 2027, THE DISTRICT SHALL7
SUBMIT TO THE HOUSE OF REPRESENTATIVES TRANSPORTATION, HOUSING,8
AND LOCAL GOVERNMENT COMMITTEE AND THE SENATE TRANSPORTATION9
AND ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, AND TO THE10
GOVERNOR, A REPORT CONTAINING RESPONSES TO AND THE DISTRICT 'S11
IMPLEMENTATION TIMELINE OF ALL RECOMMENDATIONS MADE TO THE12
DISTRICT BY THE 2025-2026 REGIONAL TRANSPORTATION DISTRICT13
ACCOUNTABILITY COMMITTEE.14
SECTION 4. In Colorado Revised Statutes, 32-9-111, amend15
(1)(a) and (5)(a); and add (1)(c), (1)(d), (1)(e), and (7) as follows:16
32-9-111. Election of directors - dates - terms.17
(1) (a) After the federal census in 1980 and each federal census18
thereafter BEFORE THE 2030 FEDERAL CENSUS, the board of directors shall19
apportion the composition of the board into compact and contiguous20
director districts so that the fifteen directors will represent, to the extent21
practical, the people of the district on the basis of population. Such22
apportionment shall MUST be completed before March 15 of the second23
year following that in which the federal census is taken and shall MUST24
be made only upon the affirmative vote of two-thirds of the total25
membership of the board. If such apportionment is not completed before26
March 15 of such year, the legislative council, with the assistance of the27
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director of research of the legislative council and the director of the office1
of legislative legal services, shall, by April 15, apportion the composition2
of the board into compact and contiguous director districts so that the3
fifteen directors will represent, to the extent practicable, the people of the4
district on the basis of population. The apportionment recommended by5
the legislative council shall MUST be submitted to the general assembly6
which shall approve or amend the apportionment before May 1 of such7
year.8
(c) O N OR BEFORE SEPTEMBER 15, 2027, THE OFFICE OF9
LEGISLATIVE LEGAL SERVICES AND THE LEGISLATIVE COUNCIL STAFF10
SHALL APPORTION THE COMPOSITION OF THE BOARD INTO COMPACT AND11
CONTIGUOUS DIRECTOR DISTRICTS SO THAT THE FIVE ELECTED DIRECTORS12
WILL REPRESENT, TO THE EXTENT PRACTICAL, THE PEOPLE OF THE DISTRICT13
ON THE BASIS OF POPULATION . THE OFFICE OF LEGISLATIVE LEGAL14
SERVICES SHALL TAKE INTO ACCOUNT THE MOST RECENTLY AVAILABLE15
DISTRICT RIDERSHIP NUMBERS WHEN CREATING DIRECTOR DISTRICTS. THE16
FIVE ELECTED DIRECTORS WHO WILL BE ELECTED AT THE GENERAL17
ELECTION IN NOVEMBER 2028 WILL BE ELECTED FROM THESE FIVE18
DIRECTOR DISTRICTS.19
(d) O N OR BEFORE JULY 1, 2027, THE DISTRICT SHALL PROVIDE20
DATA REGARDING THE GEOGRAPHIC DISTRIBUTION OF RIDERSHIP AND ANY21
OTHER DISTRICT RIDERSHIP INFORMATION NEEDED TO CREATE DIRECTOR22
DISTRICTS TO THE OFFICE OF LEGISLATIVE LEGAL SERVICES AND THE23
LEGISLATIVE COUNCIL STAFF.24
(e) A FTER THE FEDERAL CENSUS IN 2030 AND AFTER EACH25
FEDERAL CENSUS THEREAFTER , THE INDEPENDENT LEGISLATIVE26
REDISTRICTING COMMISSION CREATED PURSUANT TO SECTION 46 OF27
SB26-150-9-
ARTICLE V OF THE STATE CONSTITUTION SHALL APPORTION THE1
COMPOSITION OF THE BOARD INTO COMPACT AND CONTIGUOUS DIRECTOR2
DISTRICTS SO THAT THE FIVE ELECTED DIRECTORS WILL REPRESENT , TO3
THE EXTENT PRACTICAL, THE PEOPLE OF THE DISTRICT ON THE BASIS OF4
POPULATION. THE INDEPENDENT LEGISLATIVE REDISTRICTING COMMISSION5
SHALL TAKE INTO ACCOUNT THE MOST RECENTLY AVAILABLE DISTRICT6
RIDERSHIP NUMBERS WHEN DRAWING DIRECTOR DISTRICTS . THE7
APPORTIONMENT OF DIRECTOR DISTRICTS MUST BE COMPLETED ON THE8
SAME TIMELINE AND USING THE SAME PROCEDURES AS THOSE SPECIFIED9
FOR THE APPORTIONMENT OF SENATORIAL AND REPRESENTATIVE10
DISTRICTS IN SECTIONS 46 TO 48.3 OF ARTICLE V OF THE STATE11
CONSTITUTION.12
(5) (a) Except as provided in this subsection (5), nominations for13
an election of directors shall be made in accordance with the general14
election laws of the state. Nominations for directors shall be made by15
petition and filed in the office of the secretary of state in the manner16
provided for independent candidates pursuant to section 1-4-802 and part17
9 of article 4 of title 1, C.R.S. The petitions shall be signed by at least two18
hundred fifty ONE THOUSAND eligible electors residing within the director19
district in which the officer is to be elected.20
(7) MEMBERS ELECTED FROM DISTRICTS DRAWN IN ACCORDANCE21
WITH SUBSECTION (1)(c) OR (1)(d) OF THIS SECTION MAY SERVE UP TO TWO22
TERMS, WITH EACH TERM EXPIRING AFTER A MEMBER HAS SERVED FOR23
FOUR CONSECUTIVE CALENDAR YEARS. ANY TERM SERVED BY A MEMBER24
THAT LASTS FOR LESS THAN TWO YEARS DOES NOT C OUNT TOWARD THE25
MEMBER'S TWO-TERM LIMIT.26
SECTION 5. In Colorado Revised Statutes, 32-9-112, amend (1),27
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(1.5), and (2) as follows:1
32-9-112. Vacancies - appointments - recall.2
(1) A change of residence of a member of ELECTED TO the board3
to a place outside the director district from which the member was elected4
shall automatically create CREATES a vacancy on the board. Upon a5
vacancy OF AN ELECTED MEMBER occurring for any reason other than6
normal expiration of a term, the vacancy shall MUST be filled by7
appointment by the board of county commissioners of the county wherein8
the director district is located or, in the case of a member elected in9
Denver, by the mayor of the city and county of Denver, with the approval10
of the city council of said city and county. In the case of a director district11
which contains territory in two or more counties, or in the city and county12
of Denver and in one or more counties, the vacancy shall MUST be filled13
by appointment by the board of county commissioners of the county14
wherein the largest number of eligible electors of the director district15
reside; except that, if the largest number of eligible electors of the director16
district reside in the city and county of Denver, the vacancy shall MUST17
be filled by appointment by the mayor of the city and county of Denver,18
with the approval of the city council of the city and county.19
(1.5) Any director appointed shall serve PURSUANT TO THIS20
SECTION SERVES until the next regular election, at which time the vacancy21
shall MUST be filled by election for any remaining unexpired portion of22
the term.23
(2) Effective July 1, 1983, any ELECTED member of the board may24
be recalled from office by the eligible electors of the director district such25
member represents pursuant to the provisions of part 1 of article 12 of26
title 1. C.R.S.27
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SECTION 6. In Colorado Revised Statutes, 32-9-114, amend1
(1)(c); and add (1)(c.5) and (2) as follows:2
32-9-114. Board's administrative powers - terms of elected3
chairperson.4
(1) The board has the following administrative powers:5
(c) To elect one director as chairman CHAIRPERSON of the board6
and another director as chairman pro tem of the board, and to appoint one7
or more persons as secretary and treasurer of the board TO SERVE FOR A8
TERM OF TWO YEARS;9
(c.5) TO ELECT ONE DIRECTOR AS CHAIRPERSON PRO TEMPORE OF10
THE BOARD AND TO ELECT ONE OR MORE INDIVIDUALS AS SECRETARY AND11
TREASURER OF THE BOARD;12
(2) A DIRECTOR ELECTED AS CHAIRPERSON PURSUANT TO13
SUBSECTION (1)(c) OF THIS SECTION MAY SERVE AS CHAIRPERSON FOR14
MULTIPLE TERMS.15
SECTION 7. In Colorado Revised Statutes, 32-9-116, amend (3)16
as follows:17
32-9-116. Meetings of board.18
(3) Effective January 1, 1983, any action of the board shall require19
the affirmative vote of at least eight FIVE members present and voting.20
SECTION 8. In Colorado Revised Statutes, 32-9-117, amend (2);21
and add (5) and (6) as follows:22
32-9-117. Compensation of directors.23
(2) Effective January 1, 2009, each director elected at the 200824
general election or at any general election thereafter OCCURRING AFTER25
2008 BUT BEFORE 2028 and each director appointed to fill a vacancy for26
an unexpired term of a director elected at the 2008 general election or AT27
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any GENERAL election thereafter OCCURRING AFTER 2008 BUT BEFORE1
2028 shall receive a sum of twelve thousand dollars per annum, payable2
at the rate of one thousand dollars per month.3
(5) E XCEPT AS PROVIDED IN SUBSECTION (6) OF THIS SECTION ,4
EACH DIRECTOR ELECTED AT THE GENERAL ELECTION IN NOVEMBER 20285
OR AT ANY GENERAL ELECTION THEREAFTER AND EACH DIRECTOR6
APPOINTED IN 2028 OR LATER WILL RECEIVE AN ANNUAL SUM THAT7
EQUALS THIRTY -SIX THOUSAND DOLLARS PER ANNUM ANNUALLY8
ADJUSTED FOR INFLATION OR DEFLATION . INFLATION OR DEFLATION IS9
MEASURED BY THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES10
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE11
INDEX, OR A SUCCESSOR INDEX, FOR DENVER-AURORA-LAKEWOOD FOR12
ALL ITEMS PAID FOR BY URBAN CONSUMERS.13
(6) A DIRECTOR SELECTED TO SERVE AS CHAIRPERSON IN14
ACCORDANCE WITH SECTION 32-9-114 (1)(c) AT ANY TIME AFTER THE15
GENERAL ELECTION IN NOVEMBER 2028 WILL RECEIVE AN ANNUAL SUM16
EQUAL TO ONE HUNDRED FIFTY PERCENT OF THE SALARY OF A DIRECTOR17
AS SPECIFIED IN SUBSECTION (5) OF THIS SECTION.18
SECTION 9. In Colorado Revised Statutes, 32-9-109.5, amend19
(1), (2), (4) introductory portion, (4)(a), (4)(b), (4)(c), and (4)(d); and add20
(5), (6), (7), (8), (9), and (10) as follows: 21
32-9-109.5. Board of directors - membership - powers.22
(1) (a) Effective BEGINNING January 1, 1983, AND ENDING23
DECEMBER 31, 2028, the governing body of the district shall be IS a board24
of directors consisting of fifteen persons, each of whom is an eligible25
elector residing within the A director district.26
(b) EFFECTIVE JANUARY 1, 2029, THE GOVERNING BODY OF THE27
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DISTRICT IS A BOARD OF DIRECTORS CONSISTING OF NINE PERSONS, FIVE OF1
WHOM ARE ELIGIBLE ELECTORS RESIDING WITHIN A DIRECTOR DISTRICT2
AND FOUR OF WHOM ARE ELIGIBLE ELECTORS RESIDING WITHIN THE3
DISTRICT AND WHO ARE APPOINTED BY THE GOVERNOR AND CONFIRMED4
BY THE SENATE IN ACCORDANCE WITH THIS SECTION.5
(2) (a) THE FIVE ELECTED members of the board of directors shall6
MUST be elected as provided in section 32-9-111.7
(b) T HE TERMS OF MEMBERS OF THE BOARD SERVING ON8
DECEMBER 31, 2028, SHALL EXPIRE ON JANUARY 1, 2029, AND A NEW9
BOARD, CONSTITUTED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION,10
SHALL TAKE OFFICE ON JANUARY 1, 2029.11
(4) All powers, duties, functions, rights, and privileges vested in12
the district shall be ARE exercised and performed by the board; except that13
the exercise of any executive, administrative, or ministerial powers may14
be delegated by the board to officers and employees of the district. These15
powers, duties, functions, rights, and privileges include, in addition to any16
other powers and duties specified in this article 9:17
(a) Setting policy objectives, INCLUDING POLICY OBJECTIVES THAT18
ARE DIRECTLY DESIGNED TO GROW RIDERSHIP WITHIN THE DISTRICT, to be19
implemented by employees of the district;20
(b) Hiring, and managing, AND EVALUATING the district's general21
manager and chief executive officer BASED ON APPROPRIATE MEASURES22
OF PERFORMANCE ALIGNED WITH THE DISTRICT'S STRATEGIC PLAN;23
(c) H IRING, EVALUATING, AND overseeing the district's general24
counsel, AND ENSURING THAT THE DISTRICT'S GENERAL COUNSEL REPORTS25
DIRECTLY TO THE BOARD;26
(d) Developing, adopting, and overseeing the district's A FISCALLY27
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RESPONSIBLE budget FOR THE DISTRICT , including an annual capital1
budget with project costs and financing mechanisms;2
(5) (a) ON OR BEFORE THE DAY OF THE NOVEMBER 2028 GENERAL3
ELECTION, THE GOVERNOR SHALL APPOINT FOUR NEW BOARD MEMBERS4
WHO MUST SUBSEQUENTLY BE CONFIRMED BY THE SENATE . THE5
APPOINTED MEMBERS ' TERMS COMMENCE ON JANUARY 1, 2029. THE6
GOVERNOR SHALL APPOINT:7
(I) T WO OF THE FOUR MEMBERS FROM A LIST OF NOMINEES8
PROVIDED BY THE DENVER REGIONAL COUNCIL OF GOVERNMENTS IN9
ACCORDANCE WITH SUBSECTION (6) OF THIS SECTION; AND10
(II) TWO OF THE FOUR MEMBERS AT THE GOVERNOR'S DISCRETION11
AND IN COMPLIANCE WITH THIS SECTION.12
(b) O N AND AFTER JANUARY 1, 2029, THE FOUR APPOINTED13
MEMBERS SHALL EACH RESIDE WITHIN THE DISTRICT AND REPRESENT THE14
DISTRICT AT LARGE . AT LEAST ONE MEMBER SHALL BE A CURRENT OR15
FORMER MEMBER OF THE UNION THAT REPRESENTS THE LARGEST16
COLLECTIVE BARGAINING UNIT OF EMPLOYEES OF THE DISTRICT. THE FOUR17
MEMBERS SHALL COLLECTIVELY POSSESS EXPERTISE RELATED TO THE18
FOLLOWING AREAS:19
(I) F INANCE, SUCH AS PUBLIC FINANCE , MUNICIPAL BONDS ,20
CAPITAL PLANNING, OR BUDGET OVERSIGHT;21
(II) L AND USE AND MULTIMODAL TRANSPORTATION PLANNING ,22
SUCH AS TRANSIT -ORIENTED DEVELOPMENT , REGIONAL PLANNING , OR23
URBAN AND RURAL MOBILITY;24
(III) T RANSIT OPERATIONS , SUCH AS PUBLIC TRANSPORTATION25
MANAGEMENT , FLEET OPERATIONS , SCHEDULING , OR SYSTEM26
PERFORMANCE; AND27
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(IV) TRANSIT AGENCY PROGRAMS SERVING DISPROPORTIONATELY1
IMPACTED COMMUNITIES , SUCH AS COMMUNITIES AFFECTED BY2
ENVIRONMENTAL JUSTICE , DISABLED COMMUNITIES , LOW -INCOME3
COMMUNITIES, OR TRANSIT-DEPENDENT COMMUNITIES.4
(c) THE GOVERNOR SHALL CONSIDER AND GIVE PREFERENCE TO5
INDIVIDUALS THAT HAVE EXPERIENCE AND A BACKGROUND IN MULTIPLE6
AREAS LISTED IN SUBSECTION (5)(b) OF THIS SECTION WHEN APPOINTING7
MEMBERS. A MEMBER APPOINTED TO THE BOARD IN ACCORDANCE WITH8
THIS SECTION IS NOT REQUIRED TO POSSESS EXPERTISE IN MORE THAN ONE9
AREA LISTED IN SUBSECTION (5)(b) OF THIS SECTION.10
(6) BEGINNING IN 2028, NO FEWER THAN THIRTY DAYS BEFORE THE11
DAY OF THE NOVEMBER GENERAL ELECTION IN AN EVEN-NUMBERED YEAR,12
THE DENVER REGIONAL COUNCIL OF GOVERNMENTS SHALL PROVIDE THE13
GOVERNOR WITH A LIST OF NOMINEES FOR BOARD APPOINTMENTS, FROM14
WHICH LIST THE GOVERNOR SHALL SELECT MEMBERS TO APPOINT TO THE15
BOARD PURSUANT TO SUBSECTION (5)(a)(I) OR (7)(d)(I) OF THIS SECTION.16
THE LIST MUST CONTAIN AT LEAST THREE TIMES THE NUMBER OF17
QUALIFIED NOMINEES AS THERE ARE MEMBER POSITIONS TO BE FILLED IN18
ACCORDANCE WITH SUBSECTION (5)(a)(I) OR (7)(d)(I) OF THIS SECTION. IF19
THE DENVER REGIONAL COUNCIL OF GOVERNMENTS FAILS TO PROVIDE A20
LIST WITHIN THE REQUIRED TIME FRAME , THE GOVERNOR MAY APPOINT21
MEMBERS TO THE BOARD AT THE GOVERNOR 'S DISCRETION AND IN22
COMPLIANCE WITH THIS SECTION. WHEN SELECTING INDIVIDUALS FOR THE23
LIST OF NOMINEES, THE DENVER REGIONAL COUNCIL OF GOVERNMENTS24
SHALL:25
(a) CONSIDER AND GIVE PREFERENCE TO INDIVIDUALS THAT HAVE26
EXPERIENCE AND A BACKGROUND IN MULTIPLE AREAS LISTED IN27
SB26-150-16-
SUBSECTION (5)(b) OF THIS SECTION; AND1
(b) MAKE REASONABLE EFFORTS TO ENSURE THAT THE NOMINEES2
REFLECT THE GEOGRAPHIC AND DEMOGRAPHIC DIVERSITY OF THE3
DISTRICT'S RIDERSHIP AND SERVICE AREA AND INCLUDE INDIVIDUALS FROM4
DIVERSE RACIAL, CULTURAL, DISABILITY, AND GENDER BACKGROUNDS ,5
AND INDIVIDUALS REPRESENTING BOTH URBAN AND SUBURBAN6
COMMUNITIES WITHIN THE DISTRICT.7
(7) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (7),8
MEMBERS APPOINTED AND CONFIRMED IN ACCORDANCE WITH THIS9
SECTION MAY SERVE UP TO TWO TERMS, WITH EACH TERM EXPIRING AFTER10
A MEMBER HAS SERVED FOR FOUR CONSECUTIVE CALENDAR YEARS. ANY11
TERM SERVED BY A MEMBER THAT LASTS FOR LESS THAN TWO YEARS DOES12
NOT COUNT TOWARD THE MEMBER'S TWO-TERM LIMIT.13
(b) THE FOLLOWING MEMBERS' TERMS LAST FOR TWO YEARS AND14
EXPIRE ON JANUARY 1, 2031:15
(I) TWO OF THE FIVE MEMBERS ELECTED AT THE NOVEMBER 202816
GENERAL ELECTION;17
(II) ONE OF THE TWO MEMBERS APPOINTED BY THE GOVERNOR IN18
ACCORDANCE WITH SUBSECTION (5)(a)(I) OF THIS SECTION; AND19
(III) ONE OF THE TWO MEMBERS APPOINTED BY THE GOVERNOR IN20
ACCORDANCE WITH SUBSECTION (5)(a)(II) OF THIS SECTION.21
(c) AT THE NOVEMBER 2030 GENERAL ELECTION, AND AT EVERY22
GENERAL ELECTION HELD IN AN EVEN-NUMBERED YEAR THEREAFTER, THE23
NUMBER OF BOARD MEMBERS TO BE ELECTED EQUALS THE NUMBER OF24
ELECTED MEMBER TERMS EXPIRING ON JANUARY 1 OF THE FOLLOWING25
YEAR.26
(d) O N OR BEFORE THE DAY OF THE NOVEMBER 2030 GENERAL27
SB26-150-17-
ELECTION, AND ON OR BEFORE THE DAY OF THE NOVEMBER GENERAL1
ELECTION IN EVERY EVEN-NUMBERED YEAR THEREAFTER, THE GOVERNOR2
SHALL APPOINT TWO NEW BOARD MEMBERS WHO MUST SUBSEQUENTLY BE3
CONFIRMED BY THE SENATE. THE APPOINTED MEMBERS' TERMS COMMENCE4
ON JANUARY 1 FOLLOWING THE APPLICABLE NOVEMBER GENERAL5
ELECTION. THE GOVERNOR SHALL APPOINT:6
(I) O NE OF THE TWO MEMBERS FROM A LIST OF NOMINEES7
PROVIDED BY THE DENVER REGIONAL COUNCIL OF GOVERNMENTS IN8
ACCORDANCE WITH SUBSECTION (6) OF THIS SECTION; AND9
(II) ONE OF THE TWO MEMBERS AT THE GOVERNOR'S DISCRETION10
AND IN COMPLIANCE WITH THIS SECTION.11
(e) WHEN SELECTING MEMBERS IN ACCORDANCE WITH SUBSECTION12
(7)(d) OF THIS SECTION, THE GOVERNOR SHALL ENSURE THAT THE MAKEUP13
OF THE BOARD CONFORMS WITH THE CRITERIA SET FORTH IN SUBSECTIONS14
(5)(b) AND (5)(c) OF THIS SECTION.15
(8) (a) I F THE SEAT OF A MEMBER THAT WAS APPOINTED IN16
ACCORDANCE WITH SUBSECTION (5)(a)(I) OR (7)(d)(I) OF THIS SECTION IS17
VACANT, THE DENVER REGIONAL COUNCIL OF GOVERNMENTS SHALL ,18
WITHIN SIXTY DAYS AFTER THE VACANCY OCCURS AND IN COMPLIANCE19
WITH SUBSECTION (6) OF THIS SECTION, PROVIDE THE GOVERNOR WITH A20
LIST OF AT LEAST THREE QUALIFIED NOMINEES FOR THE VACANT MEMBER21
SEAT. THE GOVERNOR SHALL, WITHIN SIXTY DAYS AFTER RECEIVING THE22
LIST OR SIXTY DAYS AFTER THE VACANCY OCCURS, WHICHEVER IS LATER,23
SELECT A MEMBER FROM THE LIST TO FILL THE VACANCY. IF THE DENVER24
REGIONAL COUNCIL OF GOVERNMENTS FAILS TO PROVIDE A LIST WITHIN25
THE REQUIRED TIME FRAME, THE GOVERNOR MAY APPOINT MEMBERS TO26
THE BOARD AT THE GOVERNOR 'S DISCRETION AND IN COMPLIANCE WITH27
SB26-150-18-
THIS SECTION.1
(b) I F THE SEAT OF A MEMBER THAT WAS APPOINTED IN2
ACCORDANCE WITH SUBSECTION (5)(a)(II) OR (7)(d)(II) OF THIS SECTION3
IS VACANT , THE GOVERNOR SHALL , WITHIN SIXTY DAYS AFTER THE4
VACANCY OCCURS , SELECT A MEMBER TO FILL THE VACANCY AT THE5
GOVERNOR'S DISCRETION AND IN COMPLIANCE WITH THIS SECTION.6
(c) T HE TERM OF A MEMBER THAT FILLS A VACANCY IN7
ACCORDANCE WITH THIS SUBSECTION (8) EXPIRES WHEN THE TERM OF THE8
FORMER VACATING MEMBER WOULD HAVE EXPIRED.9
(9) T HE GOVERNOR MAY REMOVE A MEMBER APPOINTED IN10
ACCORDANCE WITH THIS SECTION FOR MALFEASANCE IN OFFICE, NEGLECT11
OF DUTY , FAILURE TO REGULARLY ATTEND MEETINGS , OR ANY OTHER12
CAUSE THAT RENDERS THE MEMBER INCAPABLE OR UNFIT TO DISCHARGE13
THE DUTIES OF THE BOARD . IF ANY MEMBER IS ABSENT FROM TWO14
CONSECUTIVE MEETINGS WITHOUT REASONABLE CAUSE, AS DETERMINED15
BY THE BOARD CHAIRPERSON , THE CHAIRPERSON SHALL NOTIFY THE16
GOVERNOR, WHO MAY REMOVE THE ABSENT MEMBER AND APPOINT A17
QUALIFIED REPLACEMENT FOR THE UNEXPIRED TERM.18
(10) A PROSPECTIVE MEMBER TO BE APPOINTED IN ACCORDANCE19
WITH THIS SECTION SHALL DISCLOSE ANY POTENTIAL CONFLICTS OF20
INTEREST TO THE GOVERNOR AND THE RELEVANT COMMITTEE OF21
REFERENCE OF THE GENERAL ASSEMBLY PRIOR TO CONFIRMATION BY THE22
SENATE AND SHALL DISCLOSE ANY CONFLICTS THAT ARISE DURING THE23
MEMBER'S TERM AT A PUBLIC BOARD MEETING . FAILURE TO DISCLOSE A24
KNOWN CONFLICT OF INTEREST , OR TAKING ACTION ON A MATTER IN25
WHICH THE MEMBER HAS AN UNDISCLOSED CONFLICT OF INTEREST ,26
CONSTITUTES CAUSE FOR REMOVAL BY THE GOVERNOR PURSUANT TO27
SB26-150-19-
SUBSECTION (9) OF THIS SECTION.1
SECTION 10. Act subject to petition - effective date. This act2
takes effect at 12:01 a.m. on the day following the expiration of the3
ninety-day period after final adjournment of the general assembly (August4
12, 2026, if adjour nment sine die is on May 13, 2026); except that, if a5
referendum petition is filed pursuant to section 1 (3) of article V of the6
state constitution against this act or an item, section, or part of this act7
within such period, then the act, item, section, or part will not take effect8
unless approved by the people at the general election to be held in9
November 2026 and, in such case, will take effect on the date of the10
official declaration of the vote thereon by the governor. 11
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