Support Surface Transportation Infrastructure Development

The act clarifies the scope of the high-performance transportation enterprise's (transportation enterprise) powers and duties to expand its capacity to execute its charge and more explicitly prioritize mitigation of traffic congestion and traffic-related pollution through the completion of multimodal surface transportation infrastructure projects as follows:

• Section 13:
• Authorizes the transportation enterprise to impose a congestion impact fee, as a new user fee, in maximum amounts of up to $3 per day that is subsequently adjusted for inflation, and, in conjunction with section 12, requires the fee to be collected and administered in the same manner as an existing state daily vehicle rental fee;
• Clarifies that providing diverse multimodal transportation options, including rail projects, that reduce traffic congestion and degradation of existing surface transportation infrastructure is part of the transportation enterprise's statutory charge;
• Requires the transportation enterprise to develop a new multimodal strategic capital plan that aligns with the 10-year transportation plan of the Colorado department of transportation (CDOT) and statewide greenhouse gas pollution reduction goals and priorities, complies with specified environmental standards adopted by the transportation commission, and prioritizes benefits to user fee payers and the reduction of adverse impacts on highways;
• Requires the transportation enterprise to complete an initial assessment of opportunities available through 2030 to leverage federal money made available to the state and to thereafter assess such opportunities on an ongoing basis; and
• Requires the transportation enterprise to detail its work to reduce traffic congestion and greenhouse gas emissions and support the expansion of public transit in its annual report to the legislative committees with oversight over transportation; and
• Section 11 modifies an existing definition of "surface transportation infrastructure" to explicitly include multimodal transportation options and transportation of freight. Section 11 also modifies an existing definition of "user fee" to include the new congestion impact fee.

Section 4 authorizes the regional transportation district (RTD) to extend construction and operations of its northwest rail fixed guideway corridor beyond its boundaries if all capital and operating expenses outside the RTD are fully accounted for and already reimbursed to the RTD by a public body.

Section 6 requires the front range passenger rail district (rail district), in cooperation with RTD, CDOT, and the transportation enterprise, to provide to the transportation legislation review committee and the governor:

• A report containing an implementation plan, which must include, among other things, identification and evaluation of options for creating a separate legal entity or intergovernmental agreement as a business model, for construction and operations of the corridor and may also consider the creation of a Colorado rail authority to house some or all passenger rail services under one entity; and
• A report, which must also include the cooperation of any separate legal entity created, concerning a plan to begin providing front range passenger rail service no later than January 1, 2029.

Sections 5, 7, 8, and 13, respectively and in conjunction with section 2, provide specific, explicit authorization to the RTD, the rail district, CDOT, and the transportation enterprise, in accordance with an implementation plan developed as required by section 6, to enter into a standalone intergovernmental agreement with or create a separate legal entity with each other to implement the completion of construction and operation of the RTD's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service. Section 10 requires CDOT and the rail district to annually report to the transportation legislation review committee and the governor regarding the status of the service development plan for front range passenger rail service between Trinidad, Pueblo, and Fort Collins and requires the plan to include descriptions of steps taken to maximize the chances of securing federal grant assistance and of how the project will create good-paying, high-quality, and safe jobs.

Section 9 requires CDOT's transit and rail division to submit a report containing a development plan for rocky mountain rail service to the legislative committees that oversee transportation and the governor not later than December 31, 2024.

Section 15 appropriates $42,399 from the general fund to the department of revenue to implement the act.

APPROVED by Governor May 16, 2024

EFFECTIVE May 16, 2024
(Note: This summary applies to this bill as enacted.)