I_TLRC_2017A 09/20/2017 09:00 AM Committee Summary

09:04 AM -- Call to Order and Introductions



Representative Mitsch Bush, chair, called the meeting to order. She provided an introduction of the Transportation Legislation Review Committee's charge and an overview of the day's agenda. Committee members received a memorandum regarding the Central I-70 project (Attachment A).



17Tran0920AttachA.pdf









09:07 AM -- CDOT Presentation on Large Transportation Projects; Mitigation Measures



Mr. Josh Laipply, chief engineer, Colorado Department of Transportation (CDOT), and Mr. David Singer, Environmental Policy and Biological Resources Section Manager, CDOT, introduced their presentation and provided a handout (Attachment B). Mr. Singer discussed the National Environmental Policy Act (NEPA) process. Mr. Singer noted that models and policies to help CDOT assess transportation impacts, and the stakeholder process helps to inform the processes undertaken by CDOT. Mr. Singer noted that mitigation measures for large transportation projects include noise walls, water quality, and other measures. He stated that complex projects require complex mitigation. Mr. Laipply noted that the majority of projects are not overly complex. CDOT has not started significant environmental impact statement (EIS) in ten years and does not plan to because of funding constraints.



17Tran0920AttachB.pdf



09:18 AM



Mr. Singer continued by discussing the preferred alternative process. In response to a committee question regarding supplemental EISs, Mr. Singer noted that they stem from new assumptions or revisitations of previous assumptions. In response to a follow-up question related to supplemental EISs, Mr. Laipply noted that the record of decision a green light, but that the record of decision hinges on funding identification. Mr. Laipply clarified that each project timeline is different, and it does depend on the scope of the project.





09:24 AM



Next, Mr. Laipply updated the committee on several ongoing projects as outlined in Attachment B, starting with C-470 from I-25 to Wadsworth. He noted that the funding for the project is $107 million in a Transportation Infrastructure and Innovation Finance Act (TIFIA) loan and $162 million in bonds. He highlighted several aspects of the project, including that the NEPA process took 12 years; 24 public meetings were held; the record of decision was issued on December 20, 2016; and that $18 million of budget is mitigation for noise walls, water quality ponds, and prairie dog relocation.



Mr. Laipply then discussed the I-25 North project from Fort Collins to Loveland. In a response to committee questions about the starting intersection of the project, Mr. Laipply noted that CDOT is still adjusting the project scope and is conscious of local dollars and needs. After a committee question regarding the additional mitigations included in this project, Mr. Laipply noted that multimodal aspects sometimes add additional complexity to mitigation and projects.





09:31 AM



Mr. Laipply continued his presentation with a discussion of I-25 South from Monument to Castle Rock. He noted that CDOT is working to get the project planned in order to be ready when funding comes available. He noted that CDOT is currently estimating a 15-month NEPA process for this project. In response to a committee questions regarding the 30 percent design standard, Mr. Laipply stated it is a deciding point between design-build and design-bid-build.

















Mr. Laipply continued by discussing I-70 West, specifically the Floyd Hill sections and the mountain express lanes. He noted for the committee several rockslide complications on the Floyd Hill section of the proposed project. Mr. Laipply noted that the I-70 mountain corridor has a Tier 1 record of decision and consensus, and stated that CDOT is looking at conceptual, low-level discussions regarding high-speed rail. In response to a committee question, Mr. Laipply noted that CDOT is trying to leverage future Senate Bill 17-267 dollars to for possibly two federal grants.





09:42 AM



Mr. Laipply then moved to discussing the Central I-70 project. Mr. Laipply highlighted the unique funding for the project and noted the exemption to hire a local workforce, which has since been revoked for future projects. He noted that CDOT will offer workforce development and childcare. In response to committee questions, Mr. Laipply discussed the NEPA process for the project along with the record of decision. After committee questions regarding property values, Mr. Laipply noted that CDOT is bound to federal laws regarding how CDOT can use federal dollars and that CDOT does an appraisal and that the property owner can get an appraisal to determine fair market value.





09:57 AM



Mr. Laipply continued by discussing the public meetings process and how that CDOT advertises those meetings and tries to set a regular schedule.





10:02 AM



In response to committee questions, Representative Mitsch Bush read a statement from the Colorado Attorney General's Office regarding the Central I-70's projects on-going litigation. In response to a committee questions, Mr. Laipply noted that project delays translate into higher project costs. He noted that several funding streams for the Central I-70 project is corridor specific and could not be transferred other projects. In response to committee questions, Mr. Laipply noted that CDOT will need to replace the viaduct if the project does not move forward.





10:08 AM -- Panel of Concerned Citizens Groups on Central I-70 Project



Dr. Jan Douglas, representing the Sierra Club, introduced herself and the panel. She noted that the panelists wish to discuss issues related to large transportation projects generally, through their presentation would mostly discuss the scope of Central I-70 project.































10:12 AM



Mr. Steve Kinney came to the table to present. He distributed a presentation to the committee (Attachment C). He stated his concerns regarding the Central I-70 project's implications on property values in several Denver neighborhoods. He continued by noting the adverse health effects of interstate 70 and Central I-70 projects on several neighborhoods. He noted that incidents of children being taken to the hospital is 42 percent greater in neighborhoods near the project than in other areas of Denver.



17Tran0920AttachC.pdf



Mr. Kinney continued by discussing the Central I-70 project's projected costs. He noted that a large portion of the funding for the project is coming from the state's Bridge Enterprise Fund. He stated that he and others believe that an alternative that would cost half as much and result in a more effective solution for the community and commuters. Mr. Kinney showed photos of the neighborhood and illustrated impacts.





10:24 AM



Mr. Kinney continued by discussing the health and safety risks posed by the project. He noted that the area already has high pollution levels in the air and soil. He stated that CDOT has not adequately thought about soil removal and that the challenge has not been discussed in a fair and appropriate manner. He also stated that the lack of sunlight and other traffic bottleneck issues were not adequately studied. He stated that he and others in the community are requesting a supplemental EIS to reroute Central I-70 on I-270 and I-76, with current I-70 becoming a boulevard.





10:33 AM



Mr. Drew Dutcher came to the table to discuss the affect of the project on the neighborhood. He noted that local Inter-Neighborhood Cooperation (INC) chapters voted to adopt a resolution to oppose the proposed expansion of I-70. He continued by stating his belief that the project will have adverse effects on the community and that CDOT has failed to disclose how it has studied alternatives.





10:39 AM



Mr. Lloyd Burton came to the table to discuss the environmental and health impacts of the Central I-70 project. He stated that he believes the project is an egregious case of environmental justice that fails to include a risk analysis of superfund and other air impacts. He also stated that he believes that there is a public misunderstanding of the resulting health impacts to neighborhoods due to interstate traffic.





10:46 AM



Ms. Candi Cdebaca came to the table to discuss community activism against the Central I-70 project and her involvement in litigation against the project. She stated that she believes that CDOT arbitrarily winnowed down project options to three and decided to go with the worst option. She stated that she believes that 20 meetings per year was insufficient for the project's complexity.











10:53 AM



Committee discussion ensued regarding alternatives being proposed, including residential and business impacts. In response to a committee question, Mr. Kinney noted that the real area of concern is 300 meters, or 1000 feet, from the freeway. Mr Kinney also noted that CDOT plans to acquire 55 residential properties for the project. In response to a committee question, Dr. Burton stated that the most dangerous pollutants are micro particulates and the gases turned into ozone. He believes that CDOT did not model the concentrations of the smallest particulates.





11:06 AM



The committee took a brief recess.





11:08 AM -- Public Testimony on Central I-70 and Large Transportation Projects Only



Representative Mitsch Bush called the meeting back to order.



11:13 AM -- Commissioner Steve Odorisio, representing Adams County, came to the table to express support for the Central I-70 project



11:17 AM -- Commissioner Chaz Tedesco, representing Adams County, testified against a proposed reroute of I-70.



11:20 AM -- City Councilman Renee Bullock, representing Commerce City, testified against a proposed reroute of I-70.





11:24 AM



Committee discussion ensued regarding the proposed alternatives to the Central I-70 project.



11:31 AM -- Ms. Norma Frank, representing Adams County, testified in support of the Central I-70 project.



11:35 AM -- Mr. Justin Schmidt, representing the City and County of Denver, came to the table to discuss the City of Denver's plans.



11:38 AM -- Mr. Tim Sandos, representing the North Denver Cornerstone Collaborative, testified in support of the Central I-70 project.



11:42 AM -- Mr. Dave Younggren, representing Gary Community Investment, testified about the workforce development initiatives in the Central I-70 project.



11:48 AM -- Ms. Ale Spray, representing the Hispanic Chamber of Commerces, testified regarding the Central I-70's job growth and workforce development opportunities.





















11:49 AM -- Ms. Christine O'Connor, representing herself, testified against the Central I-70 project. She distributed a handout to the committee (Attachment D).



17Tran0920AttachD.pdf



11:53 AM -- Ms. Alice Harris, representing herself, testified against the Central I-70 project.



11:57 AM -- Mr. Jude Aiello, representing himself, testified against the Central I-70 project.



11:58 AM -- Mr. Marty Amble, representing himself, testified against the Central I-70 project. He distributed a handout to the committee (Attachment E).



17Tran0920AttachE.pdf



12:02 PM -- Mr. Ean Thomas, representing the Colorado Latino Forum, testified against the Central I-70 project.



12:05 PM -- Ms. Merrie Hernadez, representing herself, testified regarding her family's health issues and against the Central I-70 project.



12:08 PM -- Commissioner Norm Steen, representing the Pikes Peak Area Council of Governments, testified about needs on South I-25.



12:10 PM -- Mr. Jose Esquibel, representing the LiUNA Local 720, testified in support of the Central I-70 project.



12:13 PM -- Mr. Gary Edmondson, representing the Operating Engineers Union, testified in support of the Central I-70 project.



12:15 PM -- Ms. Angie Malpiede, representing Northeast Transportation Connections, testified about her experiences with the community.



12:19 PM -- Mr. Tom Howell, representing Kiewit, testified about the company's experience in Colorado and explained the company's plans for the Central I-70 project.



12:20 PM -- Mr. John Landry, representing Guy's Flooring, testified in support of the Central I-70 project.



12:23 PM -- Mr. Sklyar McKinley, representing AAA, testified from a neutral position on the Central I-70 project.





















12:26 PM -- Mr. Shawn Egan, representing Iron Woman and the Colorado Motor Carriers Association, testified in support of the Central I-70 project.



12:29 PM -- Mr. Alan Kennedy-Shaffer, representing himself, testified against the Central I-70 project.



12:32 PM -- Mr. Cliff Smedley, representing himself, testified against public-private partnerships for state roads.



12:33 PM -- Mr. Bert Melcher provided a copy of his written testimony to the committee (Attachment F).



17Tran0920AttachF.pdf



12:35 PM -- Committee Discussion on Large Transportation Projects



Representative Mitsch Bush opened the floor to committee discussion on large transportation projects. Committee discussion ensued.





12:46 PM -- Presentation on Towing and Recovery



Mr. Chuck Ford and Mr, John Connelly, representing the Towing and Recovery Professionals of Colorado, came to the table to provide an overview of the different types of towing and history of the towing task force in Colorado. Mr. Connelly continued the discussion by noting several issues between the towing community and the Public Utilities Commission (PUC). Senator Moreno came to the table to discuss his prior legislation related to this issue.





01:02 PM



Mr. Ron Jack, representing the PUC, came to the table to discuss PUC's rulemaking and administrative law processes. Mr. Jack continued by discussing the length of the process to standardize non-consenual tows.



Mr. Greg Fulton, Colorado Motor Carriers Association, come to the table to discuss the issue.





01:14 PM



The committee took a brief recess.





01:24 PM



Committee came back to order.















01:26 PM -- Division of Motor Vehicles Update



Director Mike Dixon, representing the Colorado Department of Revenue's Division of Motor Vehicles (DMV), came to the table to provide the committee with an update on the DMV. He distributed a handout of his presentation to the committee (Attachment G). Director Dixon highlighted the legislation implemented by the DMV in FY 2017-18. Additionally, he updated the committee on the division's on-going DRIVES project. He described the training and information sharing the division is conducting with counties in anticipation of the deploying this new software. In response to committee questions, he discussed the testing the DMV undertakes before putting new software into place.



17Tran0920AttachG.pdf



01:35 PM



Mr. Dixon continued by noting the 11 new online services that will be implemented under DRIVES. Mr. Dixon also highlighted the self-service kiosk pilot program. He noted that Arapahoe, Adams, Boulder, Broomfield, Douglas, El Paso, Jefferson, La Plata, Larimer, Mesa, Weld, and Freemont counties currently are involved in the pilot. In response to a committee question, he noted that online services helps augment services offered in DMV offices. Mr. Nixon noted, in response to a committee question, that the DMV would need an additional appropriation to cover the service fee paid by self-service kiosk users. Mr Dixon continued by answering several questions about training and processes at the DMV. He gave an update on driver's licenses for undocumented persons in Colorado.





01:59 PM



Mr. Dixon addressed a committee questions regarding the protection of personal data by the DMV. He also addressed Colorado's participation in the digital driver's license pilot program. In addition, he noted the special license plates that will be retired this year.





02:05 PM -- Public Testimony and Bill Request Presentations



02:06 PM -- Ms. Becky English, representing the Colorado Chapter of the Sierra Club, testified about a possible bill request regarding air quality testing for large transportation in Colorado. The language proposed by the Sierra Club is included in Attachment C.



02:15 PM -- Ms. Andrea Gelfuso, representing the Colorado Chapter of the Sierra Club, came to the table to answer committee questions. Committee discussion ensued on NEPA, costs of the proposed legislation, and whether the type of vehicles is included in the model.



02:39 PM -- Mr. Chris Stiffler, representing the Colorado Fiscal Institute, testified about a possible RTD reduced-fare pilot program for low-income residents.





















02:47 PM -- Commissioner Rachel Richards, representing Counties and Commissioners Acting Together, testified about a possible statewide transportation funding plan that includes dedicated new revenue source for transportation.



02:55 PM -- Mr. Chris Smeadly, representing himself, testified about a possible bill request regarding the use of public private partnership for transportation projects in Colorado.





02:58 PM -- Discussion of and Requests for TLRC Interim Bills



Erin Reynolds, Legislative Council Staff, came to the table to discuss the committee's bill request and drafting process. She distributed a memorandum highlighting pertinent deadlines to the committee (Attachment H).



17Tran0920AttachH.pdf

03:39 PM



The committee discussed its upcoming northwest and southeast Colorado tours and other committee business.





03:51 PM



The committee adjourned.