Front Range Passenger Rail District

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0868.04 Pierce Lively x2059 SENATE BILL 26-172
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING THE FRONT RANGE PASSENGER RAIL DISTRICT.101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill makes a number of changes to the boundaries and
operation of the front range passenger rail district (district).
Section 1 of the bill changes the boundaries of the district to
include certain listed municipalities, any municipality whose governing
board and, if necessary, electors, consent for the municipality to be
included in the district, certain listed metropolitan districts, and any
metropolitan district whose governing board consents for the metropolitan
district to be included in the district and that is identified for inclusion in
SENATE SPONSORSHIP
Hinrichsen and Kipp,
HOUSE SPONSORSHIP
Boesenecker and Paschal,
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.
the district by a board resolution.
Section 2 requires that directors of the board appointed on or after
July 1, 2026, reside within the district, unless that director is already
serving on the board.
Section 3 allows the board to create subdistricts within the district.
Section 4 changes the method for determining the distribution of
the costs of a district or subdistrict election. Under the new method, the
costs of such an election are distributed in the same method and manner
as state primary, coordinated, general, congressional vacancy, special
legislative, or recall elections conducted after July 1, 2024. Section 4 also
requires that any constitutionally required notice for a district or
subdistrict election be included in the ballot information booklet.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 32-22-103, repeal2
(4); and add (4.5) as follows:3
32-22-103. Front range passenger rail district - creation -4
purpose - boundaries - reports.5
(4) The area that comprises the district extends from Wyoming to6
New Mexico and includes:7
(a) The entirety of the city and county of Broomfield and the city8
and county of Denver;9
(b) All areas within Adams, Arapahoe, Boulder, Douglas, El Paso,10
Huerfano, Jefferson, Larimer, Las Animas, and Pueblo counties that are11
located within the territory of a metropolitan planning organization and12
all areas within Weld county that are located within the city of Longmont13
and the town of Erie;14
(c) All areas within Huerfano, Las Animas, and Pueblo counties15
that are not located within the territory of a metropolitan planning16
organization and that are located within five miles of the public17
right-of-way of interstate highway 25; and18
(d) All areas within Larimer county that are not located within the19
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territory of a metropolitan planning organization and that are north of the1
city of Fort Collins and located within five miles of the public2
right-of-way of interstate highway 25.3
(4.5) T HE AREA THAT COMPRISES THE DISTRICT EXTENDS FROM4
WYOMING TO NEW MEXICO AND INCLUDES:5
(a) THE ENTIRETY OF THE FOLLOWING MUNICIPALITIES:6
(I) ARVADA;7
(II) BOULDER;8
(III) BOW MAR;9
(IV) BROOMFIELD;10
(V) CENTENNIAL;11
(VI) CHERRY HILLS VILLAGE:12
(VII) COLORADO SPRINGS;13
(VIII) COLUMBINE VALLEY;14
(IX) DENVER;15
(X) EDGEWATER;16
(XI) ENGLEWOOD;17
(XII) FEDERAL HEIGHTS;18
(XIII) FORT COLLINS;19
(XIV) GLENDALE;20
(XV) GREENWOOD VILLAGE;21
(XVI) LAFAYETTE;22
(XVII) LAKESIDE;23
(XVIII) LAKEWOOD;24
(XIX) LITTLETON;25
(XX) LONGMONT;26
(XXI) LOUISVILLE;27
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(XXII) LOVELAND;1
(XXIII) MANITOU SPRINGS;2
(XXIV) MOUNTAIN VIEW;3
(XXV) NORTHGLENN;4
(XXVI) PUEBLO;5
(XXVII) SHERIDAN;6
(XXVIII) STARKVILLE;7
(XXIX) SUPERIOR;8
(XXX) TRINIDAD; AND9
(XXXI) WESTMINSTER.10
(b) THE ENTIRETY OF ANY MUNICIPALITY WHOSE GOVERNING BODY11
HAS APPROVED INCLUSION IN THE DISTRICT AND, IF REQUIRED PURSUANT12
TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION , WHOSE13
ELECTORS HAVE ALSO APPROVED INCLUSION IN THE DISTRICT.14
(c) T HE ENTIRETY OF STERLING RANCH COLORADO15
METROPOLITAN DISTRICT NUMBERS ONE THROUGH SEVEN AND ANY16
METROPOLITAN DISTRICT ADDED TO THE STERLING RANCH PLANNED17
DEVELOPMENT IN UNINCORPORATED DOUGLAS COUNTY.18
(d) A METROPOLITAN DISTRICT , AS THAT TERM IS DEFINED IN19
SECTION 32-1-103, THAT IS NOT WITHIN A MUNICIPALITY, IDENTIFIED BY20
A RESOLUTION ADOPTED BY THE BOARD , AND WHOSE GOVERNING BODY21
HAS APPROVED INCLUSION IN THE DISTRICT.22
SECTION 2. In Colorado Revised Statutes, 32-22-104, add (1.5)23
as follows:24
32-22-104. Board of directors - appointment - meetings -25
compensation - conflicts of interest.26
(1.5) N OTWITHSTANDING ANY LAW TO THE CONTRARY , ANY27
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DIRECTOR APPOINTED TO THE BOARD ON OR AFTER JULY 1, 2026, WHO IS1
NOT A DIRECTOR SERVING ON THE BOARD AS OF JULY 1, 2026, MUST2
RESIDE WITHIN THE DISTRICT . NOTHING IN THIS SUBSECTION (1)(h)3
INVALIDATES AN APPOINTMENT TO THE BOARD MADE PRIOR TO JULY 1,4
2026, OR OTHERWISE REQUIRES A DIRECTOR APPOINTED TO THE DISTRICT5
BEFORE JULY 1, 2026, TO BE REMOVED FROM THE BOARD.6
SECTION 3. In Colorado Revised Statutes, 32-22-106, add7
(1)(u) as follows:8
32-22-106. District - general powers and duties - funds9
created.10
(1) In addition to any other powers granted to the district by this11
article 22, the district has the following powers:12
(u) TO DIVIDE THE DISTRICT INTO ONE OR MORE SUBDISTRICTS AS13
DESCRIBED IN SECTION 32-1-1101 (1)(f) IN ACCORDANCE WITH THE14
PROCEDURES DESCRIBED IN SECTION 32-1-1101, TO THE EXTENT15
APPLICABLE. A SUBDISTRICT CREATED PURSUANT TO THIS SUBSECTION16
(1)(u) HAS THE SAME BOARD, POWERS, DUTIES, FUNCTION, AND FORM AS17
A SUBDISTRICT CREATED PURSUANT TO SECTION 32-1-1101 (1)(f), AND18
THE BOARD OF A SUBDISTRICT HAS THE SAME POWERS AS THE DISTRICT19
BOARD AS DESCRIBED IN THIS SUBSECTION (1); EXCEPT THAT, THE ONLY20
VOTING MEMBERS OF THE SUBDISTRICT BOARD MUST BE BOARD DIRECTORS21
APPOINTED TO THE BOARD BY AN ENTITY THAT INCLUDES TERRITORY22
WITHIN THE SUBDISTRICT AND BOARD DIRECTORS WHO RESIDE WITHIN THE23
SUBDISTRICT.24
SECTION 4. In Colorado Revised Statutes, 32-22-109, amend25
(1) introductory portion, (1)(b), (1)(c), (2), and (3) as follows:26
32-22-109. Taxes, assessments, and multiple-fiscal year27
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borrowing - voter approval required.1
(1) No action by the district to establish or increase any tax, NO2
ACTION BY A SUBDISTRICT TO ESTABLISH OR INCREASE ANY TAX, and no3
action of the governing body of any station area improvement district to4
establish or increase any tax or any special assessment on real property5
authorized by this article 22 shall take effect unless it is first submitted,6
as applicable, to a vote of the registered electors of the district OR7
SUBDISTRICT ON THE DATE OF THE STATEWIDE GENERAL ELECTION OR ON8
THE FIRST TUESDAY IN NOVEMBER OF AN ODD-NUMBERED YEAR, or of the9
station area improvement district in which the assessment or tax is10
proposed to be collected. Before submitting a question to establish any11
district tax to the registered electors of the district OR ANY SUBDISTRICT12
TAX TO THE REGISTERED ELECTORS OF THE SUBDISTRICT , the district OR13
SUBDISTRICT shall:14
(b) Adopt a resolution certifying that the district OR SUBDISTRICT15
has made every reasonable effort to secure federal funding to support the16
development, financing, construction, operation, or maintenance of the17
passenger rail system; and18
(c) Approve the submission of the question by an affirmative vote19
of two-thirds of all voting directors of the RELEVANT board.20
(2) No action by the district OR SUBDISTRICT creating a21
multiple-fiscal year debt or other financial obligation that is subject to22
section 20 (4)(b) of article X of the state constitution shall take effect23
unless first submitted to a vote of the registered electors of the district OR24
SUBDISTRICT.25
(3) (a) Ballot issues proposed to the registered electors as required26
by subsections (1) and (2) of this section must be submitted in accordance27
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with the requirements of section 20 of article X of the state constitution.1
The action shall not take effect unless a majority of the registered electors2
voting on the ballot issue vote to approve the ballot issue. ANY DISTRICT3
OR SUBDISTRICT BALLOT ISSUE NOTICE REQUIRED BY SECTION 20 (3)(b) OF4
ARTICLE X OF THE STATE CONSTITUTION MUST BE INCLUDED IN THE5
BALLOT INFORMATION BOOKLET REQUIRED BY SECTION 1 (7.5) OF ARTICLE6
V OF THE STATE CONSTITUTION IN THE SAME MANNER AS DESCRIBED IN7
SECTION 1-40-124.5. THE DISTRICT 'S DESIGNATED ELECTION OFFICIAL8
SHALL PROVIDE THE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL9
OF THE GENERAL ASSEMBLY THE INFORMATION REQUIRED BY SECTION 2010
(3)(b) OF ARTICLE X OF THE STATE CONSTITUTION TO INCLUDE IN THE11
BALLOT INFORMATION BOOKLET , AND THE DISTRICT SHALL REIMBURSE12
THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY THE ACTUAL13
COSTS FOR INCLUDING THAT CONTENT IN THE BALLOT INFORMATION14
BOOKLET. THE STATE TREASURER SHALL CREDIT THAT REIMBURSEMENT15
TO THE BALLOT INFORMATION PUBLICATION AND DISTRIBUTION16
REVOLVING FUND CREATED IN SECTION 1-40-124.5 (3).17
(b) No later than sixty days before a coordinated or general18
election, the district OR SUBDISTRICT must certify to the secretary of state19
the ballot titles, content, and order of all ballot measures referred to the20
registered electors of the district OR SUBDISTRICT by resolution of the21
board. The content must be certified in English and in any language for22
which any county within the district OR SUBDISTRICT must provide a23
minority language sample ballot, as defined in section 1-5-903 (2). If the24
district OR SUBDISTRICT timely certifies ballot content to the secretary of25
state, the secretary of state must certify the district's ballot content to the26
county clerk and recorders of all counties wholly or partially included in27
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the district OR SUBDISTRICT no later than the fifty-seventh day before the1
election, in accordance with section 1-5-203 (1)(a).2
(c) Except for FOLLOWING the certification of the ballot order and3
content by the secretary of state required by subsection (3)(b) of this4
section, the election must be conducted in substantially the same manner5
as county elections, and the county clerk and recorder of each county in6
which the election is conducted shall assist the district in conducting the7
election STATEWIDE ELECTIONS. The district shall pay the costs incurred8
by each county in conducting the election on behalf of the district OR9
SUBDISTRICT WILL BE REIMBURSED as provided for in section 1-7-11610
(2)(b) SECTION 1-5-505.5 (1)(a). No public money of the district may be11
used to urge or oppose passage of a ballot issue submitted for voter12
approval as required under this section.13
SECTION 5. Safety clause. The general assembly finds,14
determines, and declares that this act is necessary for the immediate15
preservation of the public peace, health, or safety or for appropriations for16
the support and maintenance of the departments of the state and state17
institutions.18
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