C.R.S. § 43-4-1204 — CO Code / Title 43 / Article 4 / Part 12 / Section 43-4-1204
43-4-1204. Production fee for clean transit imposed by the enterprise - local transit opera
Status: in_force

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) In furtherance of its business purpose pursuant to section 43-4-1203 (3)(a)(II), the enterprise shall impose a production fee for clean transit to be paid quarterly by every producer that applies to all oil and gas produced by the producer in the state on and after July 1, 2025.

(b) (I) No later than one week after October 1, 2025, 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 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:

(A) Take into consideration emergencies, national security needs, extreme market disruptions, and extreme new regulatory burdens on producers; and

(B) Not act in an arbitrary and capricious manner.

(II) No later than one month after the energy and carbon management commission publishes the average oil spot price and 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.

(III) On or before the last day of the second month following the previous calendar quarter, every producer shall file a return and pay the production fee for clean transit for the previous calendar quarter in accordance with section 33-61-106.

(c) (I) The executive director of the department of revenue shall collect, administer, and enforce the production fee for clean transit on behalf of the enterprise in accordance with article 61 of title 33 and article 21 of title 39.

(II) For the purpose of minimizing compliance costs for producers and administrative costs for the state, when the executive director of the department of revenue collects the production fee for clean transit, the executive director of the department of revenue shall also collect the production fee for wildlife and land remediation in the same manner.

(d) The executive director of the department of revenue shall transmit any production fees for clean transit collected pursuant to subsection (1)(c) of this section to the state treasurer, who shall credit:

(I) First, the costs to the department of revenue for administering the production fees for clean transit pursuant to section 33-61-104, which shall be credited to the oil and gas production fees collection fund created in section 33-61-104 (1); and

(II) Second, of the amount of the production fees for clean transit remaining:

(A) Seventy percent to the local transit operations cash fund created in subsection (3)(a) of this section;

(B) Ten percent to the local transit grant program cash fund created in subsection (4)(a) of this section; and

(C) Twenty percent to the rail funding program cash fund created in subsection (5)(a) of this section.

(e) Any money that the department of revenue collects and transmits to the state treasurer pursuant to this subsection (1):

(I) Is collected for the enterprise;

(II) Is custodial money intended for the enterprise and held temporarily by the department of revenue and the state treasurer solely for the purpose of crediting the money to the cash funds described in subsection (1)(d) of this section; and

(III) Based on the enterprise's status as an enterprise, is not subject to section 20 of article X of the state constitution at any time during its collection, transmission, and use.

(2) No later than March 1, 2030, and every fifth March 1 thereafter, the enterprise shall complete an analysis of the production fee amounts, the amount of revenue generated by the production fees for clean transit, and the use of the production fee for clean transit revenue in order to ensure that the enterprise is continuing to impose production fee amounts that are reasonably calculated to not exceed the overall costs of providing the remediation services described in this section. The enterprise shall post the analysis on the enterprise's website.

(3) (a) The local transit operations cash fund is created in the state treasury. The local transit operations cash fund consists of production fees for clean transit credited to the local transit operations cash fund pursuant to subsection (1)(d)(II)(A) of this section, any other money that the general assembly may appropriate or transfer to the local transit operations cash fund, and any federal money or gifts, grants, or donations received. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the local transit operations cash fund to the local transit operations cash fund. Money in the local transit operations cash fund is continuously appropriated to the enterprise for the purposes specified in this subsection (3).

(b) The local transit operations program is created to:

(I) Expand transit service, increase transit frequency, and improve system-wide transit network connectivity with the goal of maximizing transit ridership, therefore decreasing vehicle miles traveled, greenhouse gas emissions, and air pollutants; and

(II) Prioritize transit service improvements in communities with high transit propensity, such as low-income communities, communities of color, communities with high-density populations, communities with zoning and other local policies that support higher densities along transit lines, communities with low vehicle ownership rates, the disability community, seniors, and other populations that use transit more frequently than the general population.

(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:

(I) Prior to receiving any money, submit the eligible entity's most recent service improvement plan or system optimization plan to the board and describe how the money would be used to expand transit service, increase transit frequency, improve system-wide transit connectivity, and meet the other purposes described in subsection (3)(b) of this section;

(II) Use the money for eligible operating expenses; and

(III) Use the entirety of the money no later than two years after the contract allocating the money is finalized.

(d) An eligible entity awarded money pursuant to subsection (3)(c) of this section that provides service to areas with a population of one million individuals or more shall:

(I) In a format that is easy to access, understand, and navigate:

(A) Make the eligible entity's annual budget or other information related to the budget available to the public on the eligible entity's website; and

(B) Create and make available to the public on the eligible entity's website an annual budget overview that provides a single-page summary of the eligible entity's revenues and expenses by category as specified in the eligible entity's annual budget; and

(II) Create, maintain, and regularly update the following on the eligible entity's website:

(A) An annual update regarding the eligible entity's financial plan that includes a detailed report of all the eligible entity's capital projects that are in progress;

(B) A quarterly update regarding all of the eligible entity's capital projects that are in progress, including a project schedule and project expenditure information for each project;

(C) A public accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding each of the eligible entity's capital projects that is in progress; the funding status of each project, including the project's total funding and expenditures to date; and the eligible entity's progress toward the completion of each project;

(D) A public accountability dashboard that shows ridership by route and reliability of service;

(E) A public accountability dashboard that shows the eligible entity's workforce statistics regarding employee retention, recruitment, and vacancies; and

(F) A summary page for planned service changes that includes detailed timing changes, effects on local transfers, and the reasons for any planned changes.

(4) (a) The local transit grant program cash fund is created in the state treasury. The local transit grant program cash fund consists of production fees for clean transit credited to the local transit grant program cash fund pursuant to subsection (1)(d)(II)(B) of this section, any other money that the general assembly may appropriate or transfer to the local transit grant program cash fund, and any federal money or gifts, grants, or donations received. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the local transit grant program cash fund to the local transit grant program cash fund. Money in the local transit grant program cash fund is continuously appropriated to the enterprise for the purposes specified in this subsection (4).

(b) The local transit grant program is created to increase transit ridership and service, particularly in transit-reliant communities, therefore decreasing vehicle miles traveled, greenhouse gas emissions, and air pollutants.

(c) The enterprise shall provide competitive grants from the local transit grant program cash fund to eligible entities for eligible operating expenses and capital expenses associated with providing public transportation, including multimodal projects that improve accessibility and connectivity between transit services and safe access to transit for pedestrians and bicyclists. The board shall design the grant program to incentivize the matching of grants and the creation or expansion of local regional transportation authorities.

(5) (a) The rail funding program cash fund is created in the state treasury. The rail funding program cash fund consists of production fees for clean transit credited to the rail funding program cash fund pursuant to subsection (1)(d)(II)(C) of this section, any other money that the general assembly may appropriate or transfer to the rail funding program cash fund, and any federal money or gifts, grants, or donations received. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the rail funding program cash fund to the rail funding program cash fund. Money in the rail funding program cash fund is continuously appropriated to the enterprise for the purposes specified in this subsection (5).

(b) The rail funding program is created to fund passenger rail projects and service, therefore decreasing vehicle miles traveled, greenhouse gas emissions, and air pollutants.

(c) Pursuant to the purpose of the rail funding program, the enterprise shall allocate money annually from the rail funding program cash fund for passenger rail projects of regional and statewide importance, including projects that:

(I) Have established plans and can demonstrate the potential for high ridership and the reduction of vehicle miles traveled;

(II) Facilitate lower-impact local land use decisions, in particular the construction of mixed-use or infill housing development along the passenger rail corridor to achieve lower energy use intensity, fewer greenhouse gas emissions, greater density and walkability, and less water consumption from the built environment; and

(III) Strive to use low- to zero-emissions technology.

(d) (I) Pursuant to the purpose of the rail funding program, the enterprise shall prioritize funding opportunities to establish passenger rail where there is matching funding from other sources, such as the regional transportation district's FasTracks internal savings account, federal funding, local funding, and other sources.

(II) Any money from the rail funding program cash fund that is used for the regional transportation district's transportation expansion plan adopted by the board of the regional transportation district and approved by the voters on November 2, 2004, must be in addition to the regional transportation district's FasTracks internal savings account and must not supplant existing resources in the regional transportation district's FasTracks internal savings account.
C.R.S. § 43-4-318 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-318
43-4-318. Legal investments
Status: repealed

43-4-318. Legal investments. (Repealed)
C.R.S. § 43-10-118 — CO Code / Title 43 / Article 10 / Section 43-10-118
43-10-118. Adverse impacts - evaluation and provision of education and technical assistance
Status: in_force

43-10-118. Adverse impacts - evaluation and provision of education and technical assistance. (1) The division shall evaluate, and educate and provide technical assistance to airports about, the adverse impacts of aircraft noise on health, safety, and welfare. The division shall prioritize this evaluation, education, and technical assistance at airports with significant general aviation activity that the division has identified as being located in densely populated residential areas or as having a significant number of flights over densely populated residential areas.

(2) The department of public health and environment shall continue to encourage testing in high-risk areas for the presence of lead in the blood of individuals who reside or work near such airports or children who attend schools or child care facilities near such airports.
C.R.S. § 43-1-225 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-225
43-1-225. Power of transportation commission - relocation of utility facilities - payment
Status: in_force

43-1-225. Power of transportation commission - relocation of utility facilities - payment of cost. (1) The transportation commission has the following powers in addition to the powers now possessed by it: To make reasonable regulations for the installation, construction, maintenance, repair, renewal, and relocation of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances or connections thereto, called "utility facilities" in this section, of any governmental subdivision of the state of Colorado or of an abutting landowner in, on, along, over, across, through, or under any project on the federal-aid primary or secondary systems or on the interstate system, including extensions thereof within urban areas. Whenever the commission determines that it is necessary that any such utility facilities which may be located in, on, along, over, across, through, or under any such federal-aid primary or secondary system or on the interstate system, including extensions thereof within urban areas, should be relocated, the governmental subdivision of the state of Colorado or abutting landowner owning or operating such facilities shall relocate the same in accordance with the order of the commission; but the cost of relocation shall be paid to the governmental subdivision of the state of Colorado or abutting landowner so ordered to relocate its utility facilities without discrimination or impairment on account of any agreement entered into by any department, commission, or governmental subdivision of this state. In case of any such relocation of utility facilities, as provided in this section, the governmental subdivision of the state of Colorado or abutting landowner owning or operating the same may maintain and operate such utility facilities, with the necessary appurtenances, in the new location. Said payment of costs shall be made from the state highway fund or the state highway supplementary fund upon due certification made by the chief engineer and paid by the state treasurer upon warrants drawn by the controller as provided for and authorized by section 43-1-219.

(2) As used in this section, unless the context otherwise requires:

(a) "Governmental subdivision" includes a county or city and county, a city or town, a municipal or quasi-municipal corporation, and a school district.

(b) "Cost of relocation" includes the entire amount paid by such governmental subdivision of the state of Colorado properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.

(3) The cost of relocating utility facilities owned by any governmental subdivision of the state of Colorado or abutting landowner on the federal-aid primary or secondary systems or on the interstate system, including extensions thereof within urban areas, shall be a cost of highway construction.
C.R.S. § 43-4-1302 — CO Code / Title 43 / Article 4 / Part 13 / Section 43-4-1302
43-4-1302. Definitions
Status: repealed

43-4-1302. Definitions. As used in this part 13, unless the context otherwise requires:

(1) "Air pollutant" has the same meaning as set forth in section 25-7-103 (1.5).

(2) "Battery electric motor vehicle" means a motor vehicle that is powered exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion.

(3) "Board" means the governing board of the enterprise.

(4) "Car share ride" means a prearranged ride for which the rider agrees, at the time the rider requests the ride through a digital network, to be transported with another rider who has separately requested a prearranged ride regardless of whether or not another rider is actually transported with the rider.

(5) "CMAQ" means the congestion mitigation and air quality improvement program administered by the federal highway administration or any substantially similar successor program.

(6) "Department" means the department of transportation.

(7) (a) "Disproportionately impacted community" means a community that is in a census block group, as determined in accordance with the most recent United States decennial census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent.

(b) As used in this subsection (7):

(I) "Cost-burdened" means a household that spends more than thirty percent of its income on housing.

(II) "Low income" means the median household income is less than or equal to two hundred percent of the federal poverty guideline.

(8) "Electric motor vehicle" means a battery electric motor vehicle, a hydrogen fuel cell motor vehicle, or a plug-in hybrid electric motor vehicle.

(9) "Eligible entity" means a metropolitan planning organization or any other public entity that is eligible to receive CMAQ funding and that is seeking funding from the fund for an eligible project.

(10) "Eligible project" means a project located within a nonattainment area that:

(a) Is eligible for CMAQ funding; or

(b) Reduces emissions of air pollutants or greenhouse gas pollutants.

(11) "Enterprise" means the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a).

(12) "Fund" means the nonattainment area air pollution mitigation enterprise fund created in section 43-4-1303 (5).

(13) "Greenhouse gas pollutant" means anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride.

(14) "Hydrogen fuel cell motor vehicle" means a motor vehicle that is powered by electricity produced from a fuel cell that uses hydrogen gas as fuel.

(15) "Inflation" means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to be made to the air pollution mitigation per ride fee imposed by section 43-4-1303 (7) or the air pollution mitigation retail delivery fee imposed by section 43-4-1303 (8) begins.

(16) "Nonattainment area" means an area that the air quality control commission, created in section 25-7-104, has designated as a nonattainment area pursuant to section 25-7-107.

(17) "Plug-in hybrid electric motor vehicle" means a motor vehicle that is powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine.

(18) "Prearranged ride" has the same meaning as set forth in section 40-10.1-602 (2).

(19) "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e).

(20) "Retailer" has the same meaning as set forth in section 39-26-102 (8).

(21) Repealed.

(22) "Rider" has the same meaning as set forth in section 40-10.1-602 (5).

(23) "Tangible personal property has the same meaning as set forth in section 39-26-102 (15).

(24) "Transportation network company" has the same meaning as set forth in section 40-10.1-602 (3).

(25) "Zero emissions motor vehicle" means a battery electric motor vehicle or a hydrogen fuel cell motor vehicle.
C.R.S. § 43-3-216 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-216
43-3-216. Additional powers
Status: in_force

43-3-216. Additional powers. (1) In addition to the powers conferred upon it, the transportation commission has the power:

(a) To establish escrow accounts in any bank within the state of Colorado which is a member of the federal deposit insurance corporation under protective agreements in amounts sufficient to insure the payment of any bonds refunded under the provisions of sections 43-3-201 to 43-3-214. Any or all of the accounts so established may be invested in direct obligations of the United States with appropriate maturities and yields to insure such payment. The term of any such escrow agreement shall not exceed five and one-half years.

(b) To prescribe the terms, conditions, and manner in which such refunding bonds will be issued and sold and to provide for the payment of the costs of such refunding, including the fees of fiscal agents and attorneys and the charges of banks acting as escrow depositaries;

(c) To do and perform all other things and acts, whether or not specifically enumerated in sections 43-3-201 to 43-3-214 or in sections 43-3-215 to 43-3-218, to effect a refunding of said bonds in order to effect a saving in interest cost to the state, but nothing in sections 43-3-215 to 43-3-218 shall be construed as authorizing the impairment of the obligation of contract.
C.R.S. § 43-1-210.5 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-210.5
43-1-210.5. Rights-of-way use by adjacent landowners
Status: in_force

43-1-210.5. Rights-of-way use by adjacent landowners. (1) The general assembly hereby finds and declares that the department of transportation controls the use of thousands of acres of rights-of-way in Colorado for highway purposes. The general assembly further finds that, although the primary use of such rights-of-way is for highways, certain rights-of-way could also be used for productive agricultural purposes without reducing the suitability or safety of such rights-of-way for highway purposes and for authorized utility accommodations.

(2) The department of transportation may issue permits to persons who own land adjacent to state highway rights-of-way so that such persons may use such rights-of-way for agricultural purposes. The executive director of the department of transportation, or the director's designee, shall promulgate rules and regulations which describe the terms, conditions, and purposes of such permits. Included in such regulations shall be a definition of adjacent landowner, a description of the types of agricultural uses allowed, the procedure which shall be used to obtain a permit, and any insurance requirements which the executive director finds appropriate. In no event shall a right-of-way permit be entered into which, in the judgment of the department, would not be in the best interests of the state or would be detrimental to the public health, safety, or welfare or in conflict with any applicable federal, state, or local law or for any agricultural purpose which involves irrigation. No right-of-way permit shall authorize the use for agricultural purposes of any median separating traffic lanes on a state highway, or where ownership of the right-of-way is not of public record.

(3) The department of transportation may charge reasonable and necessary fees for the application and approval of any permits authorized by this section.

(4) Prior to obtaining a permit from the department of transportation, the permittee shall show proof of insurance in the amount required by the department. The department of transportation shall not be liable for any property damage or injury which may result from the permitting of right-of-way as provided for in this section.
C.R.S. § 43-3-409 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-409
43-3-409. Redemption procedures
Status: repealed

43-3-409. Redemption procedures. (Repealed)
C.R.S. § 43-1-203 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-203
43-1-203. Definitions
Status: in_force

43-1-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Highway" includes bridges on the roadway and culverts, sluices, drains, ditches, waterways, embankments, retaining walls, trees, shrubs, and fences along or upon the same and within the right-of-way, and any subsurface support acquired in accordance with section 43-1-209.
C.R.S. § 43-4-305 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-305
43-4-305. Warrants legal investments
Status: repealed

43-4-305. Warrants legal investments. (Repealed)
C.R.S. § 43-2-213 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-213
43-2-213. Not deemed an obstruction
Status: in_force

43-2-213. Not deemed an obstruction. Cattle guards permitted and established under the provisions of sections 43-2-211 and 43-2-212 shall not constitute an obstruction of the highway under the provisions of section 43-5-301.
C.R.S. § 43-10-105 — CO Code / Title 43 / Article 10 / Section 43-10-105
43-10-105. Duties of the board
Status: in_force

43-10-105. Duties of the board. (1) The board has the following duties:

(a) To advise the director on aviation matters;

(b) To establish procedures for the administration and distribution of moneys credited to the aviation fund created in section 43-10-109, for aviation purposes at public airports, commercial service airports, and reliever airports, as defined in 49 U.S.C. sec. 47102, in this state;

(c) To seek recommendations of the director for the distribution of moneys credited to the aviation fund created in section 43-10-109;

(d) To establish policies for the growth and development of aviation in the state;

(e) To provide statewide aviation needs to be included in the department of transportation's statewide transportation plan; and

(f) To set and adopt on an annual basis, a budget for the division, including recommendations to the transportation commission for the amount to be allocated for administrative costs;

(g) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 301, § 2, effective August 5, 2009.)

(2) (a) The board shall have no control over federal funds for public airports, except as provided in paragraph (b) of this subsection (2). The board may accept federal funds to carry out its powers and duties pursuant to this article.

(b) Pursuant to section 47105 (a)(1)(B) of the federal "Revision of Title 49, Transportation", 49 U.S.C. sec. 40101 et seq., "Subtitle VII - Aviation Programs", Federal Public Law 103-272, 108 Stat. 1093, the board may also accept and distribute by contract to local airports federal funds available to the state for airport development projects benefitting one or more airports or for airport planning projects for one or more airports if the following requirements are met:

(I) The sponsor of a local airport gives written consent that the state apply for a project grant under the federal act cited in this paragraph (b);

(II) The federal secretary of transportation is satisfied that there is administrative merit and aeronautical benefit for the state being the sponsor of an airport development or planning project; and

(III) An acceptable agreement exists ensuring that the state will comply with appropriate grant conditions and other assurances the federal secretary of transportation requires.
C.R.S. § 43-4-620 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-620
43-4-620. Judicial examination of powers, acts, proceedings, or contracts of an authority
Status: in_force

43-4-620. Judicial examination of powers, acts, proceedings, or contracts of an authority. In its discretion, the board of an authority may file a petition at any time in the district court in and for any county in which the authority is located wholly or in part praying for a judicial examination and determination of any power conferred to the authority, any revenue-raising power exercised or that may be exercised by the authority, or any act, proceeding, or contract of the authority, whether or not the contract has been executed. The judicial examination and determination shall be conducted in substantially the manner set forth in section 32-4-540, C.R.S.; except that the notice required shall be published once a week for three consecutive weeks and the hearing shall be held not less than thirty days or more than forty days after the filing of the petition.
C.R.S. § 43-3-303 — CO Code / Title 43 / Article 3 / Part 3 / Section 43-3-303
43-3-303. Toll roads must be kept in repair
Status: in_force

43-3-303. Toll roads must be kept in repair. It is the duty of all owners or operators of roads upon which tolls are charged to keep their roads in good repair at all points, and the condition of the roads shall be determined by the grade thereof and the season of the year in which they are used.
C.R.S. § 43-4-310 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-310
43-4-310. Obligation only from highway fund
Status: repealed

43-4-310. Obligation only from highway fund. (Repealed)
C.R.S. § 43-1-111 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-111
43-1-111. Engineer to acquire property
Status: in_force

43-1-111. Engineer to acquire property. On behalf of the department of transportation, the chief engineer has the authority to take and hold and to contract to take and hold title to real property, or any interest therein, in the name of the department of transportation, whether such real property or interest is used, or intended to be used, for right-of-way or maintenance purposes or for any other purpose authorized by law.
C.R.S. § 43-1-124 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-124
43-1-124. Study of transportation commission districts
Status: in_force

43-1-124. Study of transportation commission districts. No later than August 1, 2016, legislative council staff, with the cooperation of the department, shall prepare and present 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 for each of the districts and must take into account existing county and municipal boundaries, regional transportation authorities and districts, and transportation planning regions.
C.R.S. § 43-2-113 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-113
43-2-113. Abandoned county primary roads
Status: in_force

43-2-113. Abandoned county primary roads. When a portion of the county primary system is relocated and because of such relocation a portion of the route as it existed before such relocation is, in the opinion of the board of county commissioners, no longer necessary as part of the county road system, such portion shall be considered as abandoned, and title to it shall revert to the owner of the land through which such abandoned portion may lie subject to the provisions of part 3 of this article. If it appears that such abandoned portion is necessary for use as a secondary road, then such abandoned portion shall become a secondary road, upon the adoption by the board of county commissioners of a resolution to that effect. If it appears to the board that any landowner suffers damages because of the abandonment of any portion of a county primary road, such damages shall be determined, tendered, and paid in the same manner as other damages referred to in this part 1.
C.R.S. § 43-1-136 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-136
43-1-136. Statewide transit pass exploratory committee - legislative declaration - definit
Status: in_force

43-1-136. Statewide transit pass exploratory committee - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) (I) Over-reliance on personal passenger vehicles for transportation contributes to poor air quality and climate change and has a negative economic impact on families in the state;

(II) (A) Nationwide, the number of jobs within the typical commute distance for residents in major metropolitan areas has declined over time according to a report by the Brookings Institution titled "The Growing Distance Between People and Jobs in Metropolitan America";

(B) Coloradans drive more miles per person than they used to, in part due to stress on transportation infrastructure and increasing household costs; and

(C) Since 1981, per capita vehicle miles traveled in Colorado have risen by over twenty percent according to data from the federal highway administration;

(III) High transportation costs impact low-income households in particular, with households making less than forty thousand dollars per year in the western United States spending over twenty-four percent of their income on transportation, when spending more than fifteen percent of income on transportation is considered cost burdened, according to data from the bureau of labor statistics consumer expenditure surveys;

(IV) (A) In addition to economic impacts, the increase in vehicle traffic has an environmental impact;

(B) The United States environmental protection agency has classified the Denver metro/north front range area as being in severe nonattainment for ozone and ground level ozone, which has serious impacts on human health, particularly for vulnerable populations;

(C) According to the greenhouse gas pollution reduction roadmap, published by the Colorado energy office and dated January 14, 2021, the transportation sector is the single largest source of greenhouse gas pollution in Colorado;

(D) Nearly sixty percent of the greenhouse gas emissions from the transportation sector come from light-duty vehicles, which constitute the majority of cars and trucks that Coloradans drive every day;

(E) As part of the greenhouse gas pollution reduction roadmap, a strategic action plan to achieve legislatively adopted targets of reducing greenhouse gas pollution economy-wide by fifty percent below 2005 levels by 2030 and ninety percent by 2050, the state committed to reducing emissions from the transportation sector by forty-one percent by 2030 from a 2005 baseline; and

(F) The greenhouse gas transportation planning standard adopted by the transportation commission in 2021 set a target to reduce transportation greenhouse gas emissions through the transportation planning process by one million five hundred thousand tons by 2030;

(b) The general assembly further finds and declares that:

(I) The environmental and economic issues that result from increased reliance on passenger vehicles and an increase in the number of miles traveled per person is a matter of statewide concern;

(II) One of the key findings of the greenhouse gas pollution reduction roadmap is that reducing growth in driving is an important tool to achieve the state's climate goals and that expanding public transit is an important near-term action that can help achieve those goals; and

(III) It is the state's responsibility to support programs that reduce the growth in driving and expand public transit.

(2) As used in this section, unless the context otherwise requires:

(a) "Committee" means the statewide transit pass exploratory committee created in subsection (3) of this section.

(b) "Statewide transit pass" or "pass" means a single transit pass on a universal platform that can be used on transit provided by transit agencies across the state.

(c) "Transit agency" means a provider of public transportation, as defined in 49 U.S.C. sec. 5302 (15), as amended.

(3) (a) No later than October 1, 2024, the executive director shall create a statewide transit pass exploratory committee to produce a viable proposal for the creation, implementation, and administration of a statewide transit pass. The committee shall meet as necessary to produce a viable proposal by July 1, 2026, with the goal of implementing a statewide transit pass by January 1, 2028.

(b) The committee consists of the following members appointed by the executive director:

(I) Three representatives from the five largest transit agencies in the state;

(II) Eight representatives from a diverse group of transit agencies throughout the state including at least one representative from a transit agency that serves a rural part of the state that is not a resort community and at least one representative from a transit agency that serves one or more resort communities;

(III) One representative of an entity or interest group involved in the promotion, planning, or development of passenger rail systems;

(IV) One representative from an organization with a statewide perspective regarding transportation;

(V) Two representatives of the department, one who is knowledgeable about the department's inter-city regional bus service and one who is knowledgeable about the department's innovative mobility program;

(VI) One representative from a disproportionately impacted community. As used in this subsection (3)(b)(VI), "disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(VII) Any other members deemed necessary by the executive director.

(c) Members of the committee serve at the pleasure of the executive director and without compensation.

(4) In conducting its work and in producing a viable proposal for the creation, implementation, and administration of a statewide transit pass, the committee shall consider the following:

(a) The logistics of creating a statewide transit pass, including:

(I) A viable structure for the pass to allow pass holders to use services provided by transit agencies across the state with a single pass;

(II) A plan for coordination among transit agencies across the state to implement and administer the pass;

(III) A method for cost-sharing the expenses in connection with the creation, implementation, administration, and advertisement of the pass;

(IV) A structure for sharing, apportioning, and distributing revenue from the sale of the pass among the transit agencies that participate in the pass; and

(V) The possibility of creating a formula to distribute revenue from the sale of the pass among the transit agencies that participate in the pass, the factors to consider in the creation of such a formula, and a determination regarding the frequency with which the formula would be recalculated;

(b) A method for determining the price of a statewide transit pass, including whether there will be options for discounted passes for low-income populations and consideration of how transit operators would continue to collect a fare from the pass that is consistent with their existing fare structure;

(c) A structure for the sale of the statewide transit pass to individuals and to employers for their employees, including:

(I) An opt-in or opt-out program with a motor vehicle registration or with the renewal of a driver's license or state identification card issued by the department of revenue;

(II) Online sales; and

(III) Sales kiosks at airports, train and bus stations, tourism offices, and other physical locations across the state;

(d) The services that will be offered to statewide transit pass holders, including:

(I) Consideration of whether the pass would cover only services on fixed routes or provide access-on-demand services in addition to services on fixed routes;

(II) If access-on-demand services would be included in the pass, how the cost of those rides factors into the cost of the pass;

(III) Consideration of the requirements of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, regarding accessibility and access to transit; and

(IV) Consideration of federal laws relating to antidiscrimination, including Title VI of the federal "Civil Rights Act of 1964", Pub.L. 88-352, as amended;

(e) The types of statewide transit passes that would be offered, including different options for the duration of the pass to accommodate Colorado residents who may use a pass year-round, for a portion of the year, or for other longer durations and visitors to Colorado who may use a pass for a day, a week, or another limited duration;

(f) Additional opportunities for collaboration across transit agencies in the state, in addition to the creation, implementation, and administration of a statewide transit pass, to make it easier and more appealing for people to use transit, including:

(I) The possibility of transit agencies allowing customers to purchase a ticket in one transaction for an entire trip that requires transit services provided by multiple transit agencies; and

(II) The possibility of transit agencies submitting their trip planning data to a central source to allow customers to create an itinerary that requires services provided by multiple transit agencies;

(g) The technology that would be needed to monitor the use of the statewide transit pass and track ridership across transit agencies to assist transit agencies in determining and understanding the financial impact of the pass in the future;

(h) Any additional local, tribal, state, or federal laws, rules, or regulations that need to be considered in connection with the creation of a statewide transit pass;

(i) The best method for advertising and marketing a statewide transit pass;

(j) The potential impacts that a statewide transit pass will have on transit pass programs that are currently offered by transit agencies;

(k) The potential impacts of section 20 of article X of the state constitution to local governments in connection with revenue generated by the sale of a statewide transit pass;

(l) A proposal for the structure and composition of a permanent advisory board to oversee the creation, implementation, and administration of a statewide transit pass; and

(m) Any other issues that need to be discussed or addressed, as deemed necessary and appropriate by a majority vote of the members of the committee.

(5) In producing a viable proposal for the creation, implementation, and administration of a statewide transit pass, the committee shall solicit input from subject matter experts and interested parties across the state, including:

(a) The transit and rail advisory committee created in section 43-1-1104 (1)(b);

(b) Transit agencies from across the state, including a presentation by and discussion with members of the committee regarding a statewide transit pass at an annual meeting organized by a nonprofit entity to provide training on a variety of topics, including transit management, leadership development, driver safety, system safety, human services issues, mobility, and policy issues in connection with the federal transit administration and the department; and

(c) Members of the public, including an opportunity for members of the public to follow the work of the committee and to provide written comments regarding the proposal for the creation, implementation, and administration of a statewide transit pass or discussions in connection with the proposal.

(6) The committee shall submit its proposal for the creation, implementation, and administration of a statewide transit pass, including recommendations for any necessary legislation in connection with the proposal, to the executive director and the members of the transportation legislation review committee of the general assembly on or before July 1, 2026.
C.R.S. § 43-1-112 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-112
43-1-112. Legal services
Status: in_force

43-1-112. Legal services. (1) The attorney general shall provide legal services for the department of transportation, including the commission.

(2) The executive director shall cause the attorney general to bring and prosecute for and defend on behalf of and in the name of the department, or any of its divisions, suits and proceedings:

(a) To acquire rights-of-way and other property for the department as provided by law for transportation purposes;

(b) To recover damages for negligence resulting in injury to property of the department as provided in subsection (3) of this section, but such damages shall be diminished in proportion to the amount of negligence, if any, attributable to the department;

(c) To enforce or recover damages for the breach of contracts entered into by the department;

(d) To quiet title to or to recover real or personal property or any interest or right therein;

(e) For any other purpose necessary and proper for carrying out the functions of the department.

(3) To recover damages to property of the department pursuant to paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the person disputes liability for the damage or the amount of the bill, the person may file within twenty days of receipt of the bill an appeal with the department's chief engineer in charge of operations and maintenance in accordance with the provisions of section 24-4-105, C.R.S. The bill shall provide notice of the right to appeal.
C.R.S. § 43-1-403 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-403
43-1-403. Definitions
Status: repealed

43-1-403. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Advertising device" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other contrivance designed, intended, or used to advertise or inform, for which compensation is directly or indirectly paid or earned in exchange for its erection or existence by any person or entity, and having the capacity of being visible from the travel way of any state highway, except any advertising device on a vehicle using the highway or any advertising device that is part of a comprehensive development. The term "vehicle using the highway" does not include any vehicle parked near said highway for advertising purposes.

(1.3) "Compensation" means the exchange of anything of value, including money, securities, real property interests, personal property interests, goods or services, promise of future development, exchange of favor, or forbearance of debt.

(1.5) (a) "Comprehensive development" means a group of two or more lots or parcels of land used primarily for multiple separate commercial or industrial activities that:

(I) Is located entirely on one side of a highway;

(II) Consists of lots or parcels that are contiguous except for public or private roadways or driveways that provide access to the development;

(III) Has been approved by the relevant local government as a development with a common identity and plan for public and private improvements;

(IV) Has common areas such as parking, amenities, and landscaping; and

(V) Has an approved plan of common ownership in which the owners have recorded irrevocable rights to use common areas and that provides for the management and maintenance of common areas.

(b) "Comprehensive development" includes all land used or to be used or occupied for the activities of the development, including buildings, parking, storage and service areas, streets, driveways, and reasonably necessary landscaped areas. A comprehensive development includes only land that is used for a purpose reasonably related to the activities of the development.

(2) "Defined area" means a geographically described economic area in which tourist-related businesses are located, which area would suffer substantial economic hardship by the removal of any tourist-related advertising device in that area providing directional information about goods and services in the interest of the traveling public.

(3) "Department" means the department of transportation.

(4) Repealed.

(5) "Erect" means to construct or allow to be constructed.

(6) "Highway" means any road on the state highway system, as defined in section 43-2-101 (1).

(7) "Informational site" means an area established and maintained within a highway rest area wherein panels for the display of advertising and informational plaques may be erected and maintained so as not to be visible from the travel way of any state highway.

(8) "Interstate system" means the system of highways as defined in section 43-2-101 (2).

(9) "Maintain" means to preserve, keep in repair, continue, or replace an advertising device.

(10) "Municipality" has the same meaning as defined in section 31-1-101 (6), C.R.S.

(11) "National policy" means the provisions relating to control of advertising, signs, displays, and devices adjacent to the interstate system contained in 23 U.S.C. sec. 131 and the national standards or regulations promulgated pursuant to such provisions.

(12) "Nonconforming advertising device" means any advertising device that was lawfully erected under state law and has been lawfully maintained in accordance with the provisions of this part 4 or prior state law, except those advertising devices allowed by section 43-1-404 (1).

(13) and (14) Repealed.

(15) "Person" means any individual, corporation, partnership, association, or organized group of persons, whether incorporated or not, and any government, governmental subdivision, or agency thereof.

(16) "Tourist-related advertising device" means any legally erected and maintained advertising device which was in existence on May 5, 1976, and which provides directional information about goods and services in the interest of the traveling public limited to the following: Lodging, campsite, food service, recreational facility, tourist attraction, educational or historical site or feature, scenic attraction, gasoline station, or garage.

(17) "Visible" means capable of being seen, whether or not legible, without visual aid by a person of normal acuity.

(18) "Would work or suffer a substantial economic hardship" means tending to cause or causing a significant negative economic effect, such as a loss of business income, an increase in unemployment, a reduction in sales taxes or other revenue to the state or other governmental entity, a reduction in real estate taxes to the county, and other significant negative economic factors.
C.R.S. § 43-2-138 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-138
43-2-138. Municipalities submit priorities - instructions
Status: in_force

43-2-138. Municipalities submit priorities - instructions. The city council or local governing authority of each incorporated place situated in Colorado shall annually submit to the commission, directly or through the board of county commissioners, priorities for the construction of roads and streets within its specific jurisdiction on the state highway system, plus all proposed projects not a part of the state highway system but utilizing federal funding.
C.R.S. § 43-2-210 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-210
43-2-210. Only residents of county to be given employment
Status: in_force

43-2-210. Only residents of county to be given employment. Only those persons who, at the time of employment, are residents of the county in which the project is being carried on shall be given employment insofar as possible. The residence of a person is considered to be that place in which his habitation is fixed and to which, whenever he is absent, he has the intention of returning.
C.R.S. § 43-10-102 — CO Code / Title 43 / Article 10 / Section 43-10-102
43-10-102. Definitions
Status: in_force

43-10-102. Definitions. As used in this article 10, unless the context otherwise requires:

(1) "Aircraft" means any FAA-certificated vehicle used or designed for aviation or flight in the air.

(2) "Airport" means any area of land or water which is used or intended for the landing and takeoff of aircraft, any appurtenant areas which are used or intended for airport buildings or other airport facilities or rights-of-way, and all airport buildings and facilities.

(3) (a) "Aviation purposes" means any objective that provides direct and indirect benefits to the state aviation system and includes, but is not limited to:

(I) Any work involved in constructing, planning, or repairing a public airport or portion thereof and may include any work involved in constructing or maintaining access roads;

(II) The removal, lowering, relocation, and marking and lighting of any hazard to the safe operation of aircraft utilizing federal rules and regulations as guidelines for determining such hazards;

(III) The acquisition of navigational aids used by aircraft landing at or taking off from such airport;

(IV) The acquisition of safety equipment necessary for the enhancement of the state aviation system;

(V) Any research study, proposal, or plan for the expansion, location, or distribution of aviation facilities or resources that are directly related to the state aviation system;

(VI) The promotion of economic development which is related to the promotion, development, operation, or maintenance of the state aviation system;

(VII) Any acquisition of land, of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove, mitigate, prevent, or limit the establishment of any hazard to the safe operation of aircraft;

(VIII) Any informal education or training made available to the public concerning aviation in the state or any informational materials for dissemination to the public concerning aviation;

(IX) Design, engineering, construction, installation, acquisition, and inspection of infrastructure, including equipment, that will allow the sale of unleaded aviation gasoline at a general aviation airport or at a commercial airport at which there is, as determined by the division, significant general aviation activity;

(X) Subsidization of unleaded aviation gasoline at a general aviation airport or a commercial airport at which there is significant general aviation activity, as determined by the division;

(XI) Noise monitoring devices, technologies, or systems that are used to evaluate noise levels from the operation of aircraft and other aviation activities at or near airports;

(XII) The evaluation, provision of education and technical assistance to airports about, prevention, or mitigation of adverse impacts to the health, safety, and welfare of individuals who reside or work near an airport including but not limited to the evaluation, provision of education and technical assistance to airports about, prevention, or mitigation of such adverse impacts conducted by the division; and

(XIII) At a time that electric aircraft technology has been appropriately certified by the FAA, providing for on-airport electric aircraft charging infrastructure.

(b) Subsidization of airlines is expressly prohibited as an aviation purpose except for the promotion and marketing of air service at airport facilities.

(4) "Board" means the Colorado aeronautical board.

(5) "Director" means the director of the aeronautics division.

(6) "Division" means the aeronautics division in the department of transportation.

(7) "FAA" means the federal aviation administration or its successor.

(8) "Regional aviation plan" means an aviation plan developed by a regional planning commission pursuant to section 30-28-110, C.R.S.

(8.5) "State aviation system" means the network of facilities which includes airports, navigational aids, and safety-related facilities.

(9) "State aviation systems plan" means a plan produced and maintained by the state which: Addresses the aviation needs within the state, including those needs relating to airports, navigational aids, and flight safety; identifies and evaluates alternatives to meet those needs; and recommends preferred solutions for the aviation needs of the state.
C.R.S. § 43-4-1303 — CO Code / Title 43 / Article 4 / Part 13 / Section 43-4-1303
43-4-1303. Nonattainment area air pollution mitigation enterprise - creation - board - powe
Status: in_force

43-4-1303. Nonattainment area air pollution mitigation enterprise - creation - board - powers and duties - rules - fees - fund. (1) (a) The nonattainment area air pollution mitigation enterprise is created in the department. The enterprise is and operates as a government-owned business within the department in order to execute its business purpose as specified in subsection (3) of this section by exercising the powers and performing the duties and functions set forth in this section.

(b) The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(2) (a) The governing board of the enterprise consists of up to seven members as follows:

(I) Five members appointed by the governor with the consent of the senate as follows:

(A) One member with expertise on environmental, environmental justice, or public health issues;

(B) One member who is an elected official of a disproportionately impacted community that is a member of the Denver regional council of governments;

(C) One member who is an elected official of a local government that is a member of the north front range metropolitan planning organization; and

(D) Up to two members who are representatives of disproportionately impacted communities;

(II) The executive director of the department of transportation or the executive director's designee; and

(III) The executive director of the department of public health and environment or the executive director's designee.

(b) Appointed members of the board serve at the pleasure of the governor. The other board members serve for as long as they hold their executive director positions or are designated to serve by an executive director.

(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 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:

(a) Impose an air pollution mitigation per ride fee and an air pollution mitigation retail delivery fee as authorized by subsections (7) and (8) of this section;

(b) Issue grants, loans, and rebates as authorized by subsection (9) of this section; and

(c) Issue revenue bonds payable from the revenue and other available money of the enterprise.

(4) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (4), the enterprise is not subject to section 20 of article X of the state constitution.

(5) (a) The nonattainment area air pollution mitigation enterprise fund is hereby created in the state treasury. The fund consists of air pollution mitigation per ride fee revenue and air pollution mitigation retail delivery fee revenue credited to the fund pursuant to subsections (7) and (8) of this section, any monetary gifts, grants, donations, or other payments received by the enterprise, any federal money that may be credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the enterprise for the purposes set forth in this part 13 and to pay the enterprise's reasonable and necessary operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.

(b) The department may transfer money from any legally available source to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the department to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise shall be credited to the nonattainment area air pollution mitigation enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the nonattainment area air pollution mitigation enterprise initial expenses fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the nonattainment area air pollution mitigation enterprise initial expenses fund to the fund. The nonattainment area air pollution mitigation enterprise initial expenses fund is continuously appropriated to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the department for the principal amount of any loan made by the department plus interest at a rate set by the department.

(6) In addition to any other powers and duties specified in this section, the board has the following general powers and duties:

(a) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(b) To acquire, hold title to, and dispose of real and personal property;

(c) In consultation with the executive director of the department, or the executive director's designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purpose;

(d) To contract with any public or private entity, including state agencies, consultants, and the attorney general's office, for professional and technical assistance, office space and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The enterprise is encouraged to issue grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications. The board shall generally avoid using sole-source contracts.

(e) To seek, accept, and expend gifts, grants, donations, or other payments from private or public sources for the purposes of this part 13 so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. The enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund.

(f) To provide services as set forth in subsection (9) of this section;

(g) To publish the processes by which the enterprise accepts applications, the criteria for evaluating applications, and a list of grantees or program participants pursuant to subsection (9) of this section;

(h) To promulgate rules for the sole purpose of setting the amounts of the air pollution mitigation per ride fee and the air pollution mitigation retail delivery fee at or below the maximum amounts authorized in this section; and

(i) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted by this section.

(7) (a) In furtherance of its business purpose, beginning in state fiscal year 2022-23, the enterprise shall impose an air pollution mitigation per ride fee to be paid by a transportation network company for each prearranged ride requested and accepted through the company's digital network. For the purpose of minimizing compliance costs for transportation network companies and administrative costs for the state, the department of revenue shall collect the air pollution mitigation per ride fee on behalf of the enterprise, and a transportation network company shall pay the fee to the department of revenue as required by section 40-10.1-607.5 (2).

(b) For prearranged rides requested and accepted during state fiscal year 2022-23, the enterprise shall impose the air pollution mitigation per ride fee in a maximum amount of:

(I) Eleven and one-quarter cents for each prearranged ride that is a car share ride or for which the driver transports the rider in a zero emissions motor vehicle; and

(II) Twenty-two and one-half cents for every other prearranged ride.

(c) (I) Except as otherwise provided in subsection (7)(c)(II) of this section, for prearranged rides requested and accepted during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the air pollution mitigation per ride fee in a maximum amount that is the applicable maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the air pollution mitigation per ride fee to be collected for rides requested and accepted during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.

(II) The enterprise is authorized to adjust the amount of the air pollution mitigation per ride fee for prearranged rides requested and accepted during a state fiscal year only if the rate of inflation is positive and cumulative inflation from the time of the last adjustment in the amount of the fee, when applied to the sum of the current air pollution mitigation per ride fee and the current clean fleet per ride fee imposed as required by section 25-7.5-103 (7) and rounded to the nearest whole cent, will result in an increase of at least one whole cent in the total amount of the air pollution mitigation per ride fee and the clean fleet per ride fee paid by a person who requests and accepts a prearranged ride. The amount of cumulative inflation to be applied to the sum of the current air pollution mitigation per ride fee and the current clean fleet per ride fee and rounded to the nearest whole cent is the lesser of actual cumulative inflation or five percent.

(d) As required by section 40-10.1-607.5 (3)(a), the department of revenue shall transmit all net air pollution mitigation per ride fee revenue collected to the state treasurer, who shall credit the revenue to the fund.

(8) (a) In furtherance of its business purpose, beginning in state fiscal year 2022-23, the enterprise shall impose, and the department of revenue shall collect on behalf of the enterprise, an air pollution mitigation retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the air pollution mitigation retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the air pollution mitigation retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).

(b) For retail deliveries of tangible personal property purchased during state fiscal year 2022-23, the enterprise shall impose the air pollution mitigation retail delivery fee in a maximum amount of seven-tenths of one cent.

(c) (I) Except as otherwise provided in subsection (8)(c)(II) of this section, for retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the air pollution mitigation retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the air pollution mitigation retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.

(II) The enterprise is authorized to adjust the amount of the air pollution mitigation retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.

(9) In furtherance of its business purpose, and subject to the requirements set forth in this subsection (9), the enterprise is authorized to provide grants to eligible entities for eligible projects. The enterprise shall actively seek input from communities, including but not limited to disproportionately impacted communities, and local governments to mitigate the environmental and health impacts of highway projects, reduce traffic congestion, and improve neighborhood connectivity for communities adjacent to highways. The enterprise shall include mitigation strategies that take into account the input as well as issues and impacts of particular importance to the state such as reduction of greenhouse gas emissions and fine particulate matter.

(10) (a) To ensure transparency and accountability, the enterprise shall:

(I) No later than June 1, 2022, publish and post on its website a ten-year plan that details how the enterprise will execute its business purpose during state fiscal years 2022-23 through 2031-32 and estimates the amount of funding needed to implement the plan. No later than January 1, 2032, the enterprise shall publish and post on its website a new ten-year plan for state fiscal years 2032-33 through 2041-42.

(II) Create, maintain, and regularly update on its website a public accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures;

(III) Engage regularly regarding its projects and activities with the public, including but not limited to seeking input from disproportionately impacted communities and interest groups that are likely to be interested in the projects and activities; and

(IV) Prepare an annual report regarding its activities and funding and present the report to the transportation commission created in section 43-1-106 (1) and to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The enterprise shall also post the annual report on its website. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (10)(a)(IV) to the specified legislative committees continues indefinitely.

(b) The enterprise is subject to the open meetings provisions of the "Colorado Sunshine Act of 1972", contained in part 4 of article 6 of title 24, and the "Colorado Open Records Act", part 2 of article 72 of title 24.

(c) For purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined.

(d) The enterprise is a public entity for purposes of part 2 of article 57 of title 11.
C.R.S. § 43-4-811 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-811
43-4-811. Transit and rail division - funding for local transit grants
Status: in_force

43-4-811. Transit and rail division - funding for local transit grants. (1) Notwithstanding any other provision of law, for state fiscal year 2009-10 and for each succeeding state fiscal year the allocation of the surcharges, fees, and fines imposed and credited to the highway users tax fund created in section 43-4-201 (1)(a) pursuant to section 43-4-804 (1) and allocated to the state highway fund, counties, and municipalities as specified in section 43-4-205 (6.3) shall be modified as follows:

(a) The allocation to the state highway fund shall be increased by five million dollars.

(b) The allocation to counties shall be reduced by two million seven hundred fifty thousand dollars.

(c) The allocation to municipalities shall be reduced by two million two hundred fifty thousand dollars.

(2) For state fiscal year 2009-10 and for each succeeding state fiscal year, five million dollars of the moneys allocated to the state highway fund pursuant to section 43-4-205 (6.3) shall be credited to the state transit and rail fund, which is hereby created in the state treasury, and used by the state transit and rail division created in section 43-1-117.5 (1), enacted by Senate Bill 09-094, enacted in 2009, to provide grants to local governments for local transit projects; except that no funds shall be used for the condemnation of land for the purpose of relocating a rail corridor or rail line.
C.R.S. § 43-1-127 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-127
43-1-127. Registration of carpooling service internet applications - limitations - disclos
Status: in_force

43-1-127. Registration of carpooling service internet applications - limitations - disclosure - definitions. (1) On and after October 1, 2021, an owner of a carpooling service internet application or an operator of the application on the owner's behalf shall register with the department on an annual basis in a form and manner determined by the department. The department shall publish the form and manner of registering on the department's public website. In registering with the department, the owner or operator of an application agrees that the owner or operator shall:

(a) With respect to a single trip for which a driver and user are matched through the carpooling service internet application:

(I) Compensate the driver up to the total rate of reimbursement based on miles driven multiplied by the prevailing federal internal revenue service's mileage reimbursement rate for business use;

(II) Require each user to pay an equal amount of the fee for carpooling service, which fee shall be reasonably calculated to cover the direct and indirect costs of providing the carpooling service; and

(III) Not allow a driver who provides carpooling service for the owner's or operator's carpooling service internet application to transport more than six passengers at a time, excluding the driver, in the driver's personal vehicle;

(b) Limit each driver to one trip per day; and

(c) Disclose to users in a conspicuous manner on the carpooling service internet application the following disclaimer:

Be advised that carpooling service companies are not regulated by the state of Colorado. Background checks might not be performed on drivers, drivers are not subject to medical examination and certification, vehicles are not subject to inspection by the state, and state insurance verification is not performed.

(2) The department is not liable for any act or omission of an owner or operator of a carpooling service internet application, an agent of an owner or operator, a driver, or a user.

(3) Reimbursed costs collected in accordance with this section shall not be deemed compensation for any purpose.

(4) As used in this section, unless the context otherwise requires:

(a) (I) "Carpooling service" means a not-for-profit arrangement in which two or more individuals use a motor vehicle for transportation to, and possibly returning from, the same destination or nearby destinations.

(II) "Carpooling service" includes, for each user or passenger:

(A) A trip that is at least twenty-three miles between pick-up and drop-off points, whether the pick-up and drop-off points are located within or outside metropolitan areas; and

(B) A trip that is to or from a ski area, as that term is defined in section 33-44-103 (6), regardless of the distance between the ski area and the other location.

(III) "Carpooling service" does not include a transportation arrangement made with:

(A) A political subdivision, as defined in section 29-1-202 (2);

(B) A common carrier, contract carrier, taxicab service, large-market taxicab service, or towing carrier, as those terms are defined in section 40-10.1-101;

(C) A charter bus, children's activity bus, fire crew transport, luxury limousine service, or off-road scenic charter, as those terms are defined in section 40-10.1-301; or

(D) A transportation network company, as defined in section 40-10.1-602 (3).

(b) "Carpooling service internet application" or "application" means an internet application or digital network used to connect drivers and users:

(I) For the purpose of facilitating carpooling service; and

(II) Through which reservations for carpooling service are made no less than two hours in advance of, and are usually made at least one day in advance of, the carpooling service.

(c) "Driver" means an individual who uses a vehicle that the individual personally owns or leases and who provides carpooling services to users in that vehicle through use of a carpooling service internet application.

(d) (I) "Metropolitan area" means a metropolitan planning area designated by agreement of a governor and a metropolitan planning organization, as those terms are defined in 49 U.S.C. sec. 5302 (9) and 49 U.S.C. sec. 5303 (b)(1) and (b)(2) of the "Federal Transit Act", as amended.

(II) "Metropolitan area" does not include any ski area, as that term is defined in section 33-44-103 (6).

(e) "Trip" means a single round trip that a driver makes to provide carpooling service to one or more users, involving one or more pick-up locations and one or more drop-off destinations along the way, during which all intentional stops that the driver makes relate to the provision of carpooling service to the users and any other passengers in a user's party.

(f) "User" means an individual who is matched with a driver through a carpooling service internet application to receive carpooling service for the user and for any other passengers in the user's party.
C.R.S. § 43-1-416 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-416
43-1-416. Local control of outdoor advertising devices
Status: in_force

43-1-416. Local control of outdoor advertising devices. Nothing in this part 4 shall be construed to prevent use of zoning powers and establishment of stricter limitations or controls on advertising devices by any municipality or county within its boundaries so long as such limitations or controls do not jeopardize the receipt by the state of its full share of federal highway funds.
C.R.S. § 43-4-1502 — CO Code / Title 43 / Article 4 / Part 15 / Section 43-4-1502
43-4-1502. Definitions
Status: in_force

43-4-1502. Definitions. As used in this part 15, unless the context otherwise requires:

(1) "Enterprise" means the fuels impact enterprise created in section 43-4-1503.

(2) "Fuel product" means gasoline, blended gasoline, gasoline sold for gasohol production, gasohol, diesel, biodiesel blends, natural gas, and special fuels, and special fuel mixes with alcohol.

(3) "Fuels impact reduction fee" means the fee imposed by the enterprise pursuant to section 43-4-1505.

(4) "Fund" means the fuels impact enterprise cash fund created in section 43-4-1504.

(5) "Grant program" means the fuels impact reduction grant program created in section 43-4-1506.
C.R.S. § 43-1-211 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-211
43-1-211. Department to acquire land - buildings
Status: in_force

43-1-211. Department to acquire land - buildings. For the purpose of constructing, maintaining, and supervising the public highways of this state, the department of transportation is authorized to purchase land and cause to be erected thereon by a nonprofit corporation or authority buildings suitable for offices or for housing machines, tools, and equipment, or for both of such purposes.
C.R.S. § 43-2-212 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-212
43-2-212. Sections applicable only to county highways
Status: in_force

43-2-212. Sections applicable only to county highways. The provisions of sections 43-2-211 to 43-2-213 shall apply to the establishment of cattle guards on highways designated as county highways.
C.R.S. § 43-2-303 — CO Code / Title 43 / Article 2 / Part 3 / Section 43-2-303
43-2-303. Methods of vacation
Status: reserved

43-2-303. Methods of vacation. (1) All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods:

(a) The city council or other similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and the constitution and statutes of the state of Colorado.

(b) The board of county commissioners of any county may vacate any roadway or any part thereof located entirely within said county if such roadway is not within the limits of any city or town.

(c) If such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties.

(d) If said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town.

(2) (a) No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road.

(b) If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first-class mail to the last-known address of each landowner who owns one acre or more of land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting.

(c) If any roadway has been established as a municipal street at any time, such street shall not be vacated by any method other than an ordinance approved by the governing body of the municipality.

(d) If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than a resolution approved by the transportation commission pursuant to section 43-1-106 (11).

(e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that has been established but has not been used as a roadway after such establishment.

(f) If any roadway is vacated or abandoned, the documents vacating or abandoning such roadway shall be recorded pursuant to the requirements of section 43-1-202.7.

(3) In the event of vacation under subsection (1) of this section, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances.

(4) Any written instrument of vacation or a resubdivision plat purporting to vacate or relocate roadways or portions thereof which remains of record in the counties where the roadways affected are situated for a period of seven years shall be prima facie evidence of an effective vacation of such former roadways. This subsection (4) shall not apply during the pendency of an action commenced prior to the expiration of said seven-year period to set aside, modify, or annul the vacation or when the vacation has been set aside, modified, or annulled by proper order or decree of a competent court and such notice of pendency of action or a certified copy of such decree has been recorded in the recorder's office of the county where the property is located.
C.R.S. § 43-5-301 — CO Code / Title 43 / Article 5 / Part 3 / Section 43-5-301
43-5-301. Obstructing highway - penalty
Status: in_force

43-5-301. Obstructing highway - penalty. No person or corporation shall erect any fence, house, or other structure or dig pits or holes in or upon any highway, or place thereon or cause or allow to be placed thereon any stones, timber, or trees or any obstruction whatsoever. No person or corporation shall tear down, burn, or otherwise damage any bridge of any highway, or cause wastewater or the water from any ditch, road, drain, flume, agricultural crop sprinkler system, or other source to flow or fall upon any road or highway so as to damage the same or to cause a hazard to vehicular traffic. Any person or corporation so offending commits a civil infraction and shall also be liable to any person, unit of government, or corporation in a civil action for any damages resulting therefrom.
C.R.S. § 43-4-808 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-808
43-4-808. Toll highways - special provisions - limitations
Status: in_force

43-4-808. Toll highways - special provisions - limitations. (1) The transportation enterprise or any partner of the enterprise operating surface transportation infrastructure that is a toll highway under the terms of a public-private partnership shall, in operating the toll highway:

(a) Ensure unrestricted access by all vehicles to the toll highway and shall not require that a particular class of vehicles travel upon the toll highway; except that the enterprise or its partner may designate one or more highway lanes for high-occupancy vehicle use only and may restrict access to vehicles carrying hazardous materials or other vehicles to the extent necessary to protect the health and safety of the public; and

(b) Allow any public transportation vehicle to travel on the toll highway without paying a user fee.

(2) (a) The traffic laws of this state, and those of any municipality through which a toll highway passes, and the transportation enterprise's regulations regarding toll collection and enforcement shall pertain to and govern the use of the toll highway. State and local law enforcement authorities are authorized to enter into traffic and toll enforcement agreements with the transportation enterprise. Any moneys received by a state law enforcement authority pursuant to a toll enforcement agreement shall be subject to annual appropriations by the general assembly to the law enforcement authority for the purpose of performing its duties pursuant to the agreement.

(b) The transportation enterprise may adopt, by resolution of the transportation enterprise board, rules pertaining to the enforcement of toll collection and providing a civil penalty for toll evasion. The civil penalty established by the transportation enterprise for any toll evasion shall be not less than ten dollars nor more than two hundred fifty dollars in addition to any costs imposed by a court. The transportation enterprise may use state-of-the-art technology, including, but not limited to, automatic vehicle identification photography, to aid in the collection of tolls and enforcement of toll violations. The use of state-of-the-art technology to aid in enforcement of toll violations shall be governed solely by this section.

(c) (I) Any person who evades a toll established by the transportation enterprise shall be subject to the civil penalty established by the enterprise for toll evasion. Any peace officer as described in section 16-2.5-101, C.R.S., shall have the authority to issue civil penalty assessments, or municipal summons and complaints if authorized pursuant to a municipal ordinance, for toll evasion.

(II) At any time that a person is cited for toll evasion, the person operating the motor vehicle involved shall be given either a notice in the form of a civil penalty assessment notice or a municipal summons and complaint.

(III) If a civil penalty assessment notice is issued, the notice shall be tendered by a peace officer as described in section 16-2.5-101, C.R.S., and shall contain the name and address of the person operating the motor vehicle involved, the license number of the motor vehicle, the person's driver's license number, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of the person's receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion pursuant to this section if the prescribed toll, fee, or civil penalty are not paid within twenty days. Every cited person shall execute the signed acknowledgment of the person's receipt of the civil penalty assessment notice.

(IV) The acknowledgment of liability shall be executed at the time the person cited pays the prescribed penalty. The person cited shall pay the toll, fee, or civil penalty authorized by the transportation enterprise at the office of the enterprise or the enterprise's collection designee either in person or by postmarking the payment within twenty days of the notice. If the person cited does not pay the prescribed toll, fee, or civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of a toll evasion pursuant to this section, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint in the manner specified in the notice.

(V) If a municipal summons and complaint is issued, the adjudication of the violation shall be conducted and the format of the summons and complaint shall be determined pursuant to the terms of the municipal ordinance authorizing issuance of the summons and complaint. In no case shall the penalty upon conviction for violation of a municipal ordinance for toll evasion exceed the limit established in paragraph (b) of this subsection (2).

(d) (I) The respective courts of the municipalities, counties, and cities and counties shall have jurisdiction to try all cases arising under municipal ordinances and state laws governing the use of a toll highway and arising under the toll evasion civil penalty rules enacted by the transportation enterprise. Venue for any such case shall be in the municipality, county, or city and county where the alleged violation of a municipal ordinance, state law, or rule of the transportation enterprise occurred.

(II) At the request of the judicial department, the transportation enterprise shall consider establishing an administrative toll enforcement process and may, by resolution, adopt rules creating such a process. The rules pertaining to the administrative enforcement of toll evasion shall require notice to the person cited for toll evasion and provide to the person an opportunity to appear at an open hearing conducted by an impartial hearing officer and a right to appeal the final administrative determination of toll evasion to the county court for the county in which the violation occurred.

(III) If the transportation enterprise establishes an administrative toll enforcement process, no court of a municipality, county, or city and county shall have jurisdiction to hear toll evasion cases arising on a toll highway operated by the enterprise.

(IV) A toll evasion case may be adjudicated by an impartial hearing officer in an administrative hearing conducted pursuant to this section and the rules promulgated by the transportation enterprise. The hearing officer may be an administrative law judge employed by the state or an independent contractor of the transportation enterprise. The contract for an independent contractor shall grant to the hearing officer the same degree of independence granted to an administrative law judge employed by the state. The transportation enterprise may enter into contracts pursuant to section 29-1-203, C.R.S., for joint adjudication of toll evasion cases pursuant to this section.

(V) The transportation enterprise may file a certified copy of an order imposing a toll, fee, and civil penalty that is entered by the hearing officer in an adjudication of a toll evasion with the clerk of the county court in the county in which the violation occurred at any time after the order is entered. The clerk shall record the order in the judgment book of the court and enter it in the judgment docket. The order shall thenceforth have the effect of a judgment of the county court, and execution may issue on the order out of the court as in other cases.

(VI) An administrative adjudication of a toll evasion by the transportation enterprise is subject to judicial review. The administrative adjudication may be appealed as to matters of law and fact to the county court for the county in which the violation occurred. The appeal shall be a de novo hearing.

(VII) Notwithstanding the specific remedies provided by this section, the transportation enterprise shall have every legal remedy available to enforce unpaid tolls and fees as debts owed to the enterprise.

(e) The aggregate amount of penalties, exclusive of court costs, collected as a result of civil penalties imposed pursuant to rules adopted as authorized in paragraph (b) of this subsection (2) shall be remitted to the transportation enterprise and shall be applied by the enterprise to defray the costs and expenses of enforcing the laws of the state and the regulations of the enterprise. If a municipal summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the terms of any enforcement agreement.

(f) (I) In addition to the penalty assessment procedure provided for in paragraph (c) of this subsection (2), where an instance of toll evasion is evidenced by automatic vehicle identification photography or other technology not involving a peace officer, a civil penalty assessment notice may be issued and sent by first-class mail, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, by the transportation enterprise to the registered owner of the motor vehicle involved. The notice shall contain the name and address of the registered owner of the vehicle involved, the license number of the vehicle involved, the date of the notice, the date, time, and location of the violation, the amount of the penalty prescribed for the violation, a place for such person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion civil penalty assessment. Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (f), the registered owner of the vehicle involved in a toll evasion shall be presumed liable for the toll, fee, or civil penalty imposed by the transportation enterprise. If the registered owner of the vehicle does not pay the prescribed toll, fee, or civil penalty within thirty days of the date of the civil penalty assessment notice, the notice shall constitute a complaint to appear for adjudication of a toll evasion in court or in an administrative toll enforcement proceeding, and the registered owner of the vehicle shall, within the time specified in the notice, file an answer to the complaint in the manner specified in the notice. If the registered owner of the vehicle fails to pay in full the outstanding toll, fee, or civil penalty as set forth in the notice or to appear and answer the complaint and request a hearing as specified in the notice, a final order of liability shall be entered against the registered owner of the vehicle for the purposes of enabling the registered owner to appeal pursuant to subparagraph (VI) of paragraph (d) of this subsection (2) and allowing the transportation enterprise to proceed to judgment pursuant to subparagraph (V) of paragraph (d) of this subsection (2).

(II) In addition to any other liability provided for in this section, the owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a toll evasion violation civil penalty; except that, at the discretion of such owner:

(A) The owner may obtain payment for a toll evasion violation civil penalty from the person or company who leased or rented the vehicle at the time of the toll evasion through a credit or debit card payment and forward the payment to the transportation enterprise; or

(B) The owner may seek to avoid liability for a toll evasion violation civil penalty if the owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time of the toll evasion violation, the vehicle was leased or rented to another person. To avoid liability for payment, the owner of the motor vehicle shall, within thirty days after receipt of the notification of the toll evasion violation, furnish to the transportation enterprise an affidavit containing the name, address, and state driver's license number of the person or company who leased or rented the vehicle. As a condition to avoid liability for payment of a toll evasion violation civil penalty, any person or company who leases or rents motor vehicles to a person shall include a notice in the leasing or rental agreement stating that, pursuant to the requirements of this section, the person renting or leasing the vehicle is liable for payment of a toll evasion violation civil penalty incurred on or after the date the person renting or leasing the vehicle takes possession of the motor vehicle. The notice shall inform the person renting or leasing the vehicle that the person's name, address, and state driver's license number shall be furnished to the transportation enterprise when a toll evasion violation civil penalty is incurred during the term of the lease or rental agreement.

(III) The registered owner of a vehicle involved in a toll evasion violation may rebut the presumption of liability for the violation by proving by a preponderance of the evidence that:

(A) The owner sold or otherwise transferred ownership of the vehicle to another person before the date of the violation as evidenced by a bill of sale or similar document; or

(B) The owner did not have custody and control of the vehicle at the time of the violation due to theft as evidenced by a report to a law enforcement agency.

(IV) (Deleted by amendment, L. 2010, (SB 10-016), ch. 150, p. 519, § 2, effective April 21, 2010.)

(g) A court with jurisdiction in a toll evasion case pursuant to subparagraph (I) of paragraph (d) of this subsection (2) or the transportation enterprise, if it has jurisdiction in a toll evasion case pursuant to subparagraph (II) of paragraph (d) of this subsection (2), may report to the department of revenue any outstanding judgment or warrant or any failure to pay the toll, fee, or civil penalty for any toll evasion. Upon receipt of a certified report from a court or the transportation enterprise stating that the owner of a registered vehicle has failed to pay a toll, fee, or civil penalty resulting from a final order entered by the enterprise, the department shall not renew the registration of the vehicle until the toll, fee, and civil penalty are paid in full. The transportation enterprise shall contract with and compensate a vendor approved by the department for the direct costs associated with the nonrenewal of a vehicle registration pursuant to this paragraph (g). The department has no authority to assess any points against a license under section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion.

(3) Notwithstanding any other provision of law and subject to the requirements of section 43-4-806 (8) and any limitations set forth in the state constitution or in federal law, the transportation enterprise may:

(a) Impose user fees on a highway segment or highway lanes that have previously served vehicular traffic on a user fee-free basis if:

(I) It has obtained any required federal approval for the user fees; and

(II) It has obtained the approval of every local government that includes territory in which all or any portion of the highway segment or highway lanes upon which the user fee is to be imposed pass or that will otherwise be substantially impacted by the imposition of the user fees on the highway segment or highway lanes;

(b) Incorporate congestion management and congestion pricing into its schedule of user fees for any highway or highway system; and

(c) Authorize the investment of highway-derived user fee revenues for cost-effective multimodal transportation projects that promote mobility, reductions in emissions of greenhouse gases, and energy efficiency.

(4) When determining whether to undertake and complete a surface transportation infrastructure project to be funded, in whole or in part, through the imposition of any user fee, the transportation enterprise shall consider whether the completion of the project will help to reconnect or reintegrate any local government or other community that has been disconnected or divided by existing transportation infrastructure.

(5) Before imposing a user fee on a highway segment or highway lanes that have previously served vehicular traffic on a toll-free basis, the transportation enterprise shall prepare or cause to be prepared a local air quality impact statement and a local community traffic safety assessment that specifically take into account any diversion of vehicular traffic from the highway segment or highway lanes onto other highways, roads, or streets that is expected to result from the imposition of the user fee.
C.R.S. § 43-1-126 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-126
43-1-126. Public awareness of laws concerning operation of vehicle in vicinity of emergenc
Status: in_force

43-1-126. Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle. The executive director or the executive director's designee shall coordinate with the chief of the Colorado state patrol to jointly create a campaign raising public awareness of the requirements of section 42-4-705 and of the dangers of stationary emergency and service vehicles that are on the road or on the side of the road.
C.R.S. § 43-2-133 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-133
43-2-133. State inspection of municipal projects
Status: in_force

43-2-133. State inspection of municipal projects. Whenever any city, city and county, or incorporated town undertakes the construction of any street project which involves the expenditure of state funds and federal funds, it is the duty of the department of transportation to inspect such projects at such times as the department of transportation deems necessary for the purposes of determining whether such projects are being built to the recommended standards.
C.R.S. § 43-2-132.5 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-132.5
43-2-132.5. Maintenance of local effort - highways
Status: repealed

43-2-132.5. Maintenance of local effort - highways. (Repealed)
C.R.S. § 43-10-104 — CO Code / Title 43 / Article 10 / Section 43-10-104
43-10-104. Colorado aeronautical board - created
Status: in_force

43-10-104. Colorado aeronautical board - created. (1) (a) The division shall be under the jurisdiction of the Colorado aeronautical board, which board is created.

(b) The board consists of nine voting members appointed by the governor, with the consent of the senate, for terms of three years; except that the terms must be staggered so that no more than three members' terms expire in the same year.

(c) If any member vacates the member's office during the term for which appointed to the board, a vacancy on the board exists and shall be filled by the governor for the unexpired term. All such appointments shall be with the consent of the senate.

(d) The board shall annually elect from its members a chair, a vice-chair, and a secretary.

(e) The members of the board are entitled to receive fifty dollars per diem while the board is in session and to be reimbursed for all actual and necessary expenses incurred in the performance of their official duties.

(f) The board shall not conduct any business unless there are at least five voting members of the board present.

(2) (a) The board consists of the following members:

(I) Four members, two from the eastern slope and two from the western slope of the state, representing local governments that operate airports, which members the governor shall select from a list of nominees supplied by those local governments;

(II) Two members who are residents of communities that are affected by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity, as determined by the division. The initial terms of the two new members commence when the next term of an existing member commences, and the new members' initial terms must comply with the existing staggering requirement. In appointing these members, the governor shall give priority to individuals who:

(A) Are not trained pilots;

(B) Are familiar with airport infrastructure, aviation, and the mission of the board, including but not limited to those who serve on an airport community noise roundtable; and

(C) Reside in a community that is significantly impacted by noise or lead emissions by a high-traffic airport with significant general aviation activity, as determined by the division.

(III) One member representing a statewide association of airport managers;

(IV) One member representing a statewide association of pilots;

(V) One member familiar with and supportive of the state's aviation issues, interests, and concerns; and

(VI) The executive director of the department of public health and environment, or the executive director's designee, who is an ex officio nonvoting member of the board.

(b) In addition to satisfying the requirements set forth in section 24-20-115, the governor shall make appointments to the board so as to ensure a balance broadly representative of the activity level of airports throughout the state and further ensure that the racial, ethnic, and gender makeup of the board is representative of communities that are disproportionately impacted by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity, as determined by the division.
C.R.S. § 43-3-413 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-413
43-3-413. Fees, fares, tolls - contracts - rules
Status: in_force

43-3-413. Fees, fares, tolls - contracts - rules. (1) Upon the completion of the construction of such toll or free tunnel, the transportation commission has the power to establish and collect fees, fares, and tolls for the privilege of traveling through such tunnel and over the approaches thereto, and to credit all such fees, fares, and tolls and all income, however derived therefrom, to the payment of the maintenance and operation of said tunnel.

(2) In the event the commission shall, by contract as provided in section 43-3-403 (1), authorize the construction, maintenance, and operation of such tunnel by a private person, firm, or corporation, such contractor shall be reimbursed for the cost of such construction, maintenance, and operation together with a reasonable profit thereon only from fees, fares, and tolls to be charged by such contractor for the privilege of traveling through such tunnel and over the approaches thereto. All such schedules or amendments to schedules containing fees, fares, and tolls to be charged by such contractor shall be approved by the commission before the same become effective. Said contract shall also provide for the duration thereof and for such limitations, obligations, and duties in connection with the construction, maintenance, and operation of such tunnel as the commission may determine to be advisable.

(3) The commission has the power to adopt such rules and regulations governing the use of said tunnel, whether or not such tunnel was constructed and operated by the commission or by a private person, firm, or corporation, as the commission may determine to be advisable, and the commission shall exercise such other powers and authority as may be necessary or convenient to the practical and full operation and use of such tunnel.
C.R.S. § 43-1-418 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-418
43-1-418. Outdoor advertising program cost recovery center
Status: in_force

43-1-418. Outdoor advertising program cost recovery center. (1) The department shall establish a cost recovery center within the state highway fund. Except for revenue required to be credited to the state highway fund as specified in subsection (2) of this section, the department shall deposit permit fees collected under this part 4 in the cost recovery center to carry out its duties under this part 4. The fee structure shall be reviewed by the department every four years.

(2) The department shall expend all revenue collected pursuant to section 43-1-420 to defray the costs of administering specific information signs, business signs installed on specific information signs, and tourist-oriented directional signs and shall credit all other revenue collected pursuant to this part 4 to the state highway fund.
C.R.S. § 43-4-1103 — CO Code / Title 43 / Article 4 / Part 11 / Section 43-4-1103
43-4-1103. Multimodal transportation options fund - creation - revenue sources for fund - u
Status: repealed

43-4-1103. Multimodal transportation options fund - creation - revenue sources for fund - use of fund. (1) (a) The multimodal transportation and mitigation options fund is hereby created in the state treasury. The fund consists of money transferred from the general fund to the fund pursuant to section 24-75-219, retail delivery fee revenue credited to the fund pursuant to section 43-4-218 (5)(a)(II), and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(b) Repealed.

(2) (a) (I) Except as otherwise provided in subsection (2)(d) of this section, subject to annual appropriation by the general assembly, money must be expended from the fund as follows:

(A) Eighty-five percent to the commission for local multimodal projects; and

(B) Fifteen percent to the commission for state multimodal projects that are selected by the commission.

(II) and (III) (Deleted by amendment, L. 2021.)

(IV) Repealed.

(b) Repealed.

(c) With respect to the distributions of money for local multimodal projects required by subsection (2)(a)(I)(A) of this section, the commission shall establish a formula for disbursement of the amount allocated for local multimodal projects, based on population and transit ridership and other criteria developed in consultation with the transportation advisory committee created in section 43-1-1104, the transit and rail advisory committee of the department, the state transportation advisory committee of the department, transit advocacy organizations, and bicycle and pedestrian advocacy organizations. Recipients shall provide a match equal to the amount of the award; except that the commission may create a formula for reducing or exempting the match requirement for local governments or agencies due to their size or any other special circumstances and may also, if recommended by department staff, reduce or exempt any individual recipient from the match requirement for a specific project.

(d) (I) On and after October 1, 2022, unless the department has both adopted implementing guidelines and procedures that satisfy the requirements of section 43-1-128 (3) and updated its ten-year vision plan to comply with the implementing guidelines and procedures, expenditures from the funds made available for multimodal projects pursuant to sections 24-75-219 (7)(c)(I) and (7)(f)(II) and 43-4-218 (5)(a)(II) for state multimodal projects shall only be made for multimodal projects that the department, in consultation with the department of public health and environment, determines will help bring the ten-year vision plan into compliance with the requirements of section 43-1-128 (3).

(II) On and after October 1, 2022, unless the department has adopted implementing guidelines and procedures that satisfy the requirements of section 43-1-128 (3) and a metropolitan planning organization that is in an area or includes an area that has been out of attainment for national ambient air quality standards for ozone for two years or more has updated its regional transportation plan to comply with the implementing guidelines and procedures, expenditures from the funds made available for multimodal projects pursuant to sections 24-75-219 (7)(c)(I) and (7)(f)(II) and 43-4-218 (5)(a)(II) for local multimodal projects within the territory of the metropolitan planning organization shall only be made for multimodal projects that the department, in consultation with the department of public health and environment, determines will help bring the regional transportation plan into compliance with the requirements of section 43-1-128 (3).

(III) The restrictions set forth in subsections (2)(d)(I) and (2)(d)(II) of this section apply until the department or an affected metropolitan planning organization updates its ten-year vision plan or regional transportation plan, as applicable, to comply with the implementing guidelines and procedures as required. Both the department and an affected metropolitan planning organization shall work diligently to achieve such compliance until it is achieved.

(e) On July 1, 2024, the state treasurer shall transfer ten million dollars to the zero fare transit fund created in section 24-38.5-114 from the portion of the fund that is allocated to the commission pursuant to subsection (2)(a)(I)(A) of this section.

(3) (a) The department shall annually report to the transportation legislation review committee of the general assembly created in section 43-2-145 (1) regarding its expenditures from the fund including, at a minimum:

(I) An aggregate accounting of all money expended from the fund during the prior fiscal year; and

(II) A listing of all projects receiving funding from the fund during the prior fiscal year that includes for each project:

(A) Identification of the entity receiving funding for the project;

(B) The amount of funding provided for the project; and

(C) The amount of local matching money provided for the project.

(a.5) Each transportation planning region shall annually report to the department regarding the status of local multimodal projects within the region that have received funding from the fund.

(b) Notwithstanding section 24-1-136 (11)(a), the reporting requirement specified in subsection (3)(a) of this section continues indefinitely.
C.R.S. § 43-1-101 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-101
43-1-101. Legislative declaration
Status: in_force

43-1-101. Legislative declaration. (1) The general assembly hereby finds and declares that the creation of a department of transportation in Colorado is necessary to:

(a) Provide strategic planning for statewide transportation systems to meet the transportation challenges to be faced by Colorado in the future;

(b) Promote coordination between different modes of transportation;

(c) Integrate governmental functions in order to reduce the costs incurred by the state in transportation matters;

(d) Obtain the greatest benefit from state expenditures by producing a statewide transportation policy to address the statewide transportation problems faced by Colorado; and

(e) Enhance the state's prospects to obtain federal funds by responding to federal mandates for multimodal transportation planning.

(2) The general assembly further finds and declares that nothing in this article and nothing incident to the creation of a department of transportation shall be construed to permit the use of any moneys in the highway users tax fund or any moneys in the aviation fund for any purposes prohibited by the provisions of section 18 of article X of the state constitution.
C.R.S. § 43-1-1301 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1301
43-1-1301. Legislative declaration - intent
Status: in_force

43-1-1301. Legislative declaration - intent. (1) The general assembly hereby finds and declares that the abandonment of railroad rights-of-way and the resulting loss of railroad service and established railroad corridors will have an adverse impact on the citizens of the state of Colorado. The general assembly further declares that the preservation of these abandoned railroad corridors, before the lines are dismantled and salvaged, is necessary to ensure the continued availability of these corridors for freight or passenger rail service or other public uses should no rail service operator be immediately available.

(2) The general assembly hereby finds and declares that the preservation of railroad service and railroad rights-of-way benefits the transportation system and the economy of the state. The general assembly further finds and declares that the loss of railroad service and of railroad rights-of-way threaten the potential future use of established railroad corridors for transportation purposes if the rail lines or rights-of-way are allowed to be abandoned or sold for purposes other than transportation.

(3) It is the intent of the general assembly by enacting this part 13 to establish and endorse policies to encourage the continued use of existing rail lines, preserve lines and rights-of-way, and promote the future use of railroad rights-of-way for transportation and interim recreational purposes.

(4) If a rail line or right-of-way proposed for abandonment is being considered for acquisition by the state for transportation purposes, which may include interim recreational purposes, the regional planning commissions, acting on behalf of the transportation planning regions, shall assist the state in determining appropriate uses of such rail line or right-of-way. The department and the regional planning commissions shall include in their deliberations representatives from each of the following interests, if such interests are not already represented: Private property owners, recreation and environmental interests, the department of local affairs, and the department of natural resources.
C.R.S. § 43-2-143 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-143
43-2-143. Obstructing highway view - penalty
Status: repealed

43-2-143. Obstructing highway view - penalty. (Repealed)
C.R.S. § 43-2-106 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-106
43-2-106. Abandoned state highways
Status: in_force

43-2-106. Abandoned state highways. (1) (a) When a portion of a state highway is relocated and, because of the relocation, a portion of the route as it existed before the relocation is, in the opinion of the transportation commission, no longer necessary as a state highway, the portion shall be considered as abandoned. The transportation commission may also determine that all or a portion of a state highway no longer functions as a part of the state highway system, and, with the agreement of each affected county or municipality, the state highway or portion thereof shall be considered as abandoned. An abandoned state highway or portion thereof shall become a county highway, upon the adoption of a resolution to that effect by the board of county commissioners of an affected county, or a city street, upon the adoption of an ordinance to that effect by the governing body of any affected municipality, within ninety days after the official notification of abandonment by the transportation commission. If the county or municipality ceases to use the abandoned portion of the highway for the purpose of a county highway or a city street, title to the abandoned state highway or portion thereof shall revert to the department of transportation.

(b) When the department of transportation makes a payment to a county or municipality as compensation for the transfer of ownership to the county or municipality of all or a portion of a state highway abandoned pursuant to paragraph (a) of this subsection (1) as a result of the granting of an application for such a transfer of ownership filed on or after August 5, 2009, the county or municipality shall credit the payment to a special fund to be used only for transportation-related expenditures.

(c) For purposes of this subsection (1), all or a portion of a state highway shall be considered to function as part of the state highway system, and shall not be determined by the transportation commission to no longer function as a part of the state highway system, unless the commission and each county or municipality that would be affected by the abandonment of the state highway or portion of a state highway agree that the state highway or portion of a state highway no longer serves the ongoing purposes of the state highway system.

(2) If, pursuant to the provisions of subsection (1) of this section, the abandoned portion of a state highway is not claimed by a county, city, or town or if title to such abandoned portion reverts to the department of transportation, the department of transportation shall dispose of the abandoned portion by means of a sale or exchange for not less than fair market value in the manner set forth in section 43-1-210 (5).

(3) If the department of transportation is not able to dispose of the abandoned portion of a state highway by means of a sale or exchange following a diligent effort for a five-year period, the department shall vacate the abandoned portion and title to such portion shall vest in accordance with the provisions of part 3 of this article.

(4) If it appears to the transportation commission that any landowner suffers damages because of the abandonment of any portion of a state highway, such damages shall be determined, tendered, and paid out of funds allocated to the department of transportation in the same manner as other damages as provided by law.

(5) As used in this section, "exchange" has the same meaning as set forth in section 43-1-210 (5)(d).
C.R.S. § 43-1-137 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-137
43-1-137. Vulnerable road user fatality reduction targets - requirements
Status: in_force

43-1-137. Vulnerable road user fatality reduction targets - requirements. (1) As part of its effort to reduce fatalities for vulnerable road users, as defined in section 43-4-803 (29), the department shall establish declining annual targets for vulnerable road user fatalities and serious bodily injuries as part of its performance plan required by section 2-7-204 (3).

(2) As part of the targets established in subsection (1) of this section, the department shall establish engineering methodology and internal education requirements for practices to prioritize safety over speed on high-injury networks.
C.R.S. § 43-4-522 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-522
43-4-522. Judicial examination of powers, acts, proceedings, or contracts of an authority
Status: in_force

43-4-522. Judicial examination of powers, acts, proceedings, or contracts of an authority. In its discretion, the board of an authority may file a petition at any time in the district court in and for any county in which the authority is located wholly or in part praying for a judicial examination and determination of any power conferred to the authority, any revenue-raising power exercised or to be exercised by the authority, or any act, proceeding, or contract of the authority, whether or not such contract has been executed. Such judicial examination and determination shall be conducted in substantially the manner set forth in section 32-4-540, C.R.S.; except that the notice required shall be published once a week for three consecutive weeks and the hearing shall be held not less than thirty days nor more than forty days after the filing of the petition.
C.R.S. § 43-4-309 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-309
43-4-309. Warrant obligations
Status: repealed

43-4-309. Warrant obligations. (Repealed)
C.R.S. § 43-1-506 — CO Code / Title 43 / Article 1 / Part 5 / Section 43-1-506
43-1-506. Regulations
Status: in_force

43-1-506. Regulations. The department may promulgate such regulations as may be necessary concerning the issuance of such permits in order to qualify the state of Colorado for payments made available by congress to those states that meet federal standards for control of junkyards adjacent to its highways. The provisions of article 4 of title 24, C.R.S., shall not be applicable, except that section 24-4-106, C.R.S., shall apply.
C.R.S. § 43-2-403 — CO Code / Title 43 / Article 2 / Part 4 / Section 43-2-403
43-2-403. Noise mitigation - privately funded - rules
Status: in_force

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 accordance with the application procedures established by the transportation commission by rule.

(2) An application for privately funded noise mitigation measures shall:

(a) Be accompanied by a petition signed by no less than seventy-five percent of the resident homeowners in an eligible area whose homes are located no more than four-tenths of one mile from the nearest edge of the right-of-way of the state highway;

(b) Specify the source of the moneys necessary to construct the noise mitigation measures; and

(c) Specify which noise mitigation measures the applicant proposes for the eligible area.

(3) (a) The department shall consider an application for noise mitigation measures made pursuant to this section within three months after the application is received.

(b) The department shall approve an application for noise mitigation measures that meets the requirements of this section. The applicant may construct noise mitigation measures approved by the department.

(c) Noise mitigation measures constructed in accordance with this section shall:

(I) Comply with applicable rules and procedural directives of the department and the transportation commission;

(II) Meet the noise reduction standards established by the department;

(III) Be compatible with any existing noise mitigation measures in the eligible area; and

(IV) Comply with the zoning and building requirements established by a local government in the eligible area.

(4) Noise mitigation measures approved pursuant to this section may be constructed in the state highway right-of-way with the approval of the department or on private land. The department may sell at fair-market value or grant an easement to any land in the state highway right-of-way for the purpose of constructing noise mitigation measures approved in accordance with this section, subject to the provisions of section 43-1-210 (5).

(5) The applicant shall be responsible for the maintenance of the noise mitigation measures constructed in accordance with this section.
C.R.S. § 43-2-126 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-126
43-2-126. Street supervisors - duties
Status: repealed

43-2-126. Street supervisors - duties. (Repealed)
C.R.S. § 43-3-206 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-206
43-3-206. Payment of bonds - use and disposition of fund
Status: in_force

43-3-206. Payment of bonds - use and disposition of fund. (1) (a) At or before the issuance of any bonds under the provisions of this part 2, the department of transportation shall, by resolution of the transportation commission:

(I) Establish a schedule of fees, fares, and tolls to be charged for the use of the project; and

(II) Create a special sinking fund in the state treasury for the payment of the principal of and the interest on the bonds authorized to be issued promptly as the same, respectively, become due.

(b) Into the fund there shall be set aside and pledged by the department of transportation all the fees, fares, and tolls and all other income however derived resulting from the operation of the project and all moneys authorized to be set aside and pledged from the state highway fund not exceeding in any one year one hundred percent of the total of the following:

(I) The amount of principal and interest falling due during such year; and

(II) The amount required to be paid into the special sinking fund as a reasonable reserve for the payment of the bonds authorized in this part 2 in accordance with the resolution of the transportation commission authorizing their issuance as approved by the joint resolution of the senate and house of representatives.

(2) The department of transportation may, by resolution of the transportation commission passed prior to the issuance of the bonds or in the trust indenture, covenant to pay the cost of maintaining, repairing, and operating any turnpike constructed under the provisions of this part 2, and, inasmuch as such turnpike will at all times belong to the state, such resolution shall have the force of contract between the state and the holders of the bonds issued for such turnpike.

(3) To the extent that the fund provided for in this section is not required for the payment of bonds and the creation of a reserve fund and a sinking fund, the same shall be used to pay the cost of maintaining, repairing, and operating the turnpike project pursuant to section 43-3-212.5. Nothing in this section shall be construed as impairing the obligation of the state to maintain and operate any such turnpike project as a state highway.

(4) The bonds issued under this part 2 shall constitute an irrevocable charge against the special sinking fund. Separate accounts shall be kept in the office of the state treasury of the funds derived from each project against the revenues of which bonds are issued under this part 2. The resolution of the transportation commission may contain such other provisions or covenants not inconsistent with the provisions of this part 2 as the department of transportation may consider advisable to insure the payment of the bonds.
C.R.S. § 43-4-903 — CO Code / Title 43 / Article 4 / Part 9 / Section 43-4-903
43-4-903. High-visibility alcohol and drug impaired driving enforcement funding
Status: in_force

43-4-903. High-visibility alcohol and drug impaired driving enforcement funding. For state fiscal years commencing on and after July 1, 2023, the transportation commission shall annually allocate from the state highway fund to the office of transportation safety in the department of transportation one million five hundred thousand dollars for high-visibility alcohol and drug impaired driving enforcement described in this part 9.
C.R.S. § 43-3-107 — CO Code / Title 43 / Article 3 / Part 1 / Section 43-3-107
43-3-107. Acquisition by commissioners and department of transportation jointly
Status: in_force

43-3-107. Acquisition by commissioners and department of transportation jointly. Boards of county commissioners of the several counties may join with the department of transportation to acquire by donation, purchase, or condemnation any land or right of access appurtenant thereto necessary for the construction of any state highway, freeway, or local service road.
C.R.S. § 43-10-113 — CO Code / Title 43 / Article 10 / Section 43-10-113
43-10-113. Safe operating areas around airports - establishment
Status: in_force

43-10-113. Safe operating areas around airports - establishment. (1) The general assembly hereby declares commercial service airports, public airports, reliever airports, as defined in 49 U.S.C. sec. 47102, and the land areas surrounding such airports, as defined in 14 CFR part 77, to be a matter of state interest as provided in article 65.1 of title 24, C.R.S.

(2) Governmental entities with zoning and building permit authority shall adopt and enforce, at a minimum, rules and regulations to protect the land areas defined in 14 CFR part 77.
C.R.S. § 43-5-505 — CO Code / Title 43 / Article 5 / Part 5 / Section 43-5-505
43-5-505. Advisory board
Status: repealed

43-5-505. Advisory board. (1) The motorcycle operator safety advisory board is hereby created. The board consists of:

(a) The director of the Colorado department of transportation or his or her designee;

(b) The executive director of the department of revenue or the executive director's designee;

(c) The chief of the Colorado state patrol or the chief's designee; and

(d) Nine members appointed by the chief of the Colorado state patrol:

(I) Two members who represent MOST vendors;

(II) One member who represents retail motorcycle dealers;

(III) One member who represents third-party testers;

(IV) Two members who represent instructor training specialists;

(V) One member who represents the motorcycle riding community;

(VI) Repealed.

(VII) One member who represents law enforcement agencies; and

(VIII) One member who represents motorcycle insurance providers.

(2) The board shall meet to:

(a) Recommend training methods to increase safety and reduce motorcycle crashes and injuries;

(b) Recommend training methods to increase program effectiveness;

(c) Recommend improvements to the program and training; and

(d) Make recommendations on expenditures of fund moneys.

(3) Each board member appointed under paragraph (d) of subsection (1) of this section serves a two-year term; except that, of the board members appointed initially, one-half serve for a one-year term and the remaining members serve a two-year term.

(4) The board shall elect from among the board members listed in paragraphs (a) to (c) of subsection (1) of this section a chair and vice-chair, both of whom serve two-year terms. The chair presides over all board meetings. The vice-chair presides in the absence of the chair.

(5) The board shall develop a vision and mission consistent with the program.

(6) The board shall meet at least quarterly.
C.R.S. § 43-4-510 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-510
43-4-510. Cooperative powers
Status: in_force

43-4-510. Cooperative powers. (1) The authority has the power to cooperate with any person:

(a) To accept contributions, loans, or advances from any person with respect to the financing, construction, operation, or maintenance of a public highway and in connection with any loan or advance to enter into contracts establishing the repayment terms;

(b) To enter into contracts with respect to and to cooperate in the financing, construction, operation, or maintenance of a specified public highway;

(c) To enter into joint operating contracts concerning a public highway;

(d) To cooperate in acquiring easements or rights-of-way for a public highway;

(e) To transfer dominion over all or any portion of a public highway financed, operated, maintained, or constructed by the authority to the federal government, the state, other governmental units, or any person; and

(f) To designate a public highway as part of the federal highway system, the state highway system, a county highway system, or a municipal highway system if the person with jurisdiction over such highway system consents to such designation.
C.R.S. § 43-5-208 — CO Code / Title 43 / Article 5 / Part 2 / Section 43-5-208
43-5-208. Effective date - applicability
Status: repealed

43-5-208. Effective date - applicability. (Repealed)
C.R.S. § 43-4-1201 — CO Code / Title 43 / Article 4 / Part 12 / Section 43-4-1201
43-4-1201. Legislative declaration
Status: in_force

43-4-1201. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Retail deliveries are increasing and are expected to continue to increase in communities across the state;

(b) The motor vehicles used to make retail deliveries are some of the most polluting vehicles on the road, which has resulted in additional and increasing air and greenhouse gas pollution;

(c) The adverse environmental and health impacts of increased emissions from motor vehicles used to make retail deliveries can be mitigated and offset by supporting the widespread adoption of electric buses for transit fleets and reducing vehicle miles traveled by encouraging people to choose clean, efficient, public transit options instead of personal motor vehicle travel;

(d) Instead of reducing the impacts of retail deliveries by limiting retail delivery activity through regulation, it is more appropriate to continue to allow persons who receive retail deliveries to benefit from the convenience afforded by unfettered retail deliveries and instead impose a small fee on each retail delivery and use fee revenue to fund necessary mitigation activities;

(e) It is necessary, appropriate, and in the best interest of the state and all Coloradans to incentivize, support, and accelerate the electrification of public transit in rural and urban areas throughout the state because electrification:

(I) Reduces emissions of air pollutants, including hazardous air pollutants and greenhouse gases, that contribute to adverse environmental effects, including but not limited to climate change, and adverse human health effects in and between communities, including communities near high-use transit corridors and disproportionately impacted communities, and helps the state meet its statutory greenhouse gas pollution reduction targets and comply with air quality attainment standards; and

(II) By reducing fuel and maintenance costs associated with the use of motor vehicles, helps public transit providers operate more efficiently, use cost savings to provide more reliable and convenient transit service to more riders, and further reduce emissions by reducing personal motor vehicle use; and

(f) By reducing motor vehicle emissions, transit fleet electrification effectively remediates some of the impacts of retail deliveries by offsetting a portion of the increased motor vehicle emissions resulting from such deliveries.

(1.5) The general assembly further finds and declares that:

(a) Scientific and government agency studies, including the national climate assessment and the "Colorado Greenhouse Gas Pollution Reduction Roadmap", published by the Colorado energy office and dated January 14, 2021, confirm that oil and gas operations can create significant environmental and other adverse impacts, including greenhouse gas emissions that contribute to climate change and emissions of local air pollutants that are ozone precursors;

(b) According to modeling conducted by the division of administration in the department of public health and environment in 2023, oil and gas development is the leading anthropogenic source of ozone precursors in Colorado's ozone nonattainment areas and is responsible for forty-one percent of volatile organic compound emissions and forty-five percent of nitrogen oxide emissions;

(c) The adverse impacts of oil and gas production affect both urban and rural communities, justifying investment in transit service improvements in communities across the state to reduce local pollutants and greenhouse gas emissions and benefit disproportionately impacted communities;

(d) The oil and gas industry is the third-largest source of greenhouse gas emissions in the state;

(e) In the 2019 legislative session, the general assembly passed House Bill 19-1261, which recognized that climate change adversely affects Colorado's economy, air quality, public health, ecosystems, natural resources, and quality of life and set science-based goals of reducing statewide greenhouse gas pollution, from 2005 levels, by twenty-six percent by 2025, fifty percent by 2030, and ninety percent by 2050. Through Senate Bill 23-016, enacted in 2023, the general assembly updated these goals to achieve net-zero greenhouse gas emissions by 2050 with interim reduction goals of sixty-five percent by 2035, seventy-five percent by 2040, and ninety percent by 2045, measured against 2005 statewide greenhouse gas pollution levels.

(f) According to the "Colorado Greenhouse Gas Pollution Reduction Roadmap 2.0", published by the Colorado energy office in February 2024, current policy and future commitments through 2026 alone are unlikely to achieve the state's 2025 and 2030 greenhouse gas emission reduction goals without further actions to reduce emissions associated with transportation, and the roadmap's list of near-term actions necessary to meet those goals includes policies and programs that expand and increase public transit service, passenger rail service, and ridership;

(g) Reducing vehicle trips by encouraging the use of public transit helps to lower ozone-forming and greenhouse gas emissions. According to "An Update on Public Transportation's Impacts on Greenhouse Gas Emissions", published by the national academies of sciences, engineering, and medicine in 2021, Colorado transit agencies operating in Denver, Fort Collins, Colorado Springs, Greeley, and Pueblo collectively reduced six hundred twenty-four thousand nine hundred forty-two metric tons of greenhouse gas emissions in 2018.

(h) Policy directive 1610.0, published by the Colorado department of transportation and effective May 19, 2022, estimates twenty-three metric tons of greenhouse gas emission reductions for every one thousand additional vehicle-revenue-hours of new transit service delivered by a zero-emission vehicle and eighteen metric tons for every one thousand additional vehicle-revenue-hours of new transit service delivered by a diesel-powered vehicle;

(i) According to the "Zero Fare for Better Air 2023 Evaluation Report", published by the regional transportation district on November 30, 2023, the two-month zero fare for better air program resulted in a twelve percent increase in ridership and a total reduction of nine million fourteen thousand three hundred seventy vehicle miles traveled, two thousand five hundred eighty-three pounds of volatile organic compounds, two thousand three hundred eighty-five pounds of nitrous oxides, and six million one hundred sixty-one thousand seven hundred seventy-two pounds of greenhouse gas emissions, which demonstrates a direct relationship between increased transit ridership and reduced air pollution and greenhouse gas emissions;

(j) Numerous studies have found that, in addition to the direct impact on pollution due to replacing individual vehicle trips with trips on transit, there are large additional impacts that come from the indirect effect that transit has on enabling more dense land use near transit stops and stations, which reduces trip lengths and increases the share of trips taken by walking, bicycling, and using transit. For example, "An Update on Public Transit's Impacts on Greenhouse Gas Emissions", published in 2021 by the national academies of sciences, engineering, and medicine, found that the indirect impacts of transit increased the emission reductions by an amount more than seven times larger than the direct reductions.

(k) To mitigate some of the adverse environmental and health impacts of air pollution and greenhouse gas emissions caused by oil and gas operations, it is necessary, appropriate, equitable, and in the best interest of all Coloradans to impose fees on oil and gas produced in the state.

(2) The general assembly further finds and declares that:

(a) In order to incentivize, support, and accelerate the electrification and availability of public transit and thereby reap the environmental, health, business, and operational efficiency benefits of electrification and wider availability of public transit, it is necessary, appropriate, and in the best interest of the state to create a clean transit enterprise that can provide specialized remediation and other services that help public transit providers fund the construction of the charging infrastructure needed to support electrification, the acquisition of electric motor vehicles, and the remediation services described in section 43-4-1204;

(b) The specific focus of the enterprise is the equitable reduction and mitigation of the adverse environmental and health impacts of air pollution and greenhouse gas emissions through incentivization, support, and acceleration of the electrification of public transit in rural and urban areas throughout the state and through the implementation of the remediation services described in section 43-4-1204;

(c) The enterprise provides impact remediation services when, in exchange for the payment of clean transit retail delivery fees by or on behalf of purchasers of tangible personal property for retail delivery, it acts to mitigate the impacts of residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions by:

(I) Making grants or loans or providing rebates to fund the acquisition of clean, quiet, and cost-efficient electric motor vehicles for use in transit fleets and the construction of charging infrastructure that supports the use of such electric motor vehicles for public transit and thereby:

(A) Improving transportation options for fee payers and the general public, making transit more attractive to new or infrequent users, and reducing personal motor vehicle emissions; and

(B) By making transit more attractive, reducing traffic congestion, which allows more timely and efficient retail deliveries, further reduces emissions of air pollutants and greenhouse gas pollutants from motor vehicles, and reduces and mitigates the adverse environmental and health impacts of such emissions;

(II) Contributing in a unique and targeted way to the implementation of the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and

(III) Providing additional remediation services to offset impacts caused by fee payers as may be provided by law;

(c.5) The enterprise provides the remediation services described in section 43-4-1204 in exchange for payment of the production fees for clean transit, which are used to partially mitigate the impacts of oil and gas operations on the environment through the implementation of actions related to public transit, including investment in public transit to achieve the level of frequent, convenient, and reliable transit that is known to increase transit ridership by replacing car trips with bus and rail trips;

(d) By providing remediation services as authorized by this section, the clean transit enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business in accordance with the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36;

(e) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenue collected by the enterprise is generated by fees, not taxes, because the clean transit retail delivery fee imposed by the enterprise as authorized by section 43-4-1203 (7) and the production fee for clean transit are:

(I) Imposed for the specific purpose of allowing the enterprise to defray the costs of providing the remediation services specified in this section, including mitigating impacts to air quality and greenhouse gas emissions caused by the activities on which the fee is assessed, and contributes to the implementation of the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system specified in this section; and

(II) Collected at rates that are reasonably calculated based on the impacts caused by fee payers and the cost of remediating those impacts;

(f) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the clean transit retail delivery fee collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D); and

(g) The addition of the production fee for clean transit continues to serve the enterprise's primary business purposes set forth in section 43-4-1203 (3)(a). If the addition of the production fee for clean transit combined with the clean transit retail delivery fee is estimated to result in the collection of fees and surcharges that exceed one hundred million dollars in the enterprise's first five fiscal years, the board shall adjust the fees, lower the fees, or stop collecting the fees in order to not collect fees or surcharges that exceed one hundred million dollars in the enterprise's first five fiscal years, which five-year period, for the purpose of section 24-77-108, ends on June 30, 2026. Therefore, the enterprise, originally created in section 43-4-1203, is in compliance with section 24-77-108.
C.R.S. § 43-10-103 — CO Code / Title 43 / Article 10 / Section 43-10-103
43-10-103. Division of aeronautics created - duties
Status: in_force

43-10-103. Division of aeronautics created - duties. (1) There is hereby created, in the department of transportation, the aeronautics division.

(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:

(a) Providing administrative support to the board in the distribution of moneys credited to the aviation fund for aviation purposes;

(b) Promoting aviation safety;

(c) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 300, § 1, effective August 5, 2009.)

(d) Providing advisory assistance to airports providing access to the public, including technical and planning assistance;

(e) Developing and maintaining the state aviation systems plan utilizing regional aviation plans;

(f) Assisting the FAA and local governments in the identification and control of potentially hazardous obstructions to navigable airspace utilizing the standards described in federal rules and regulations for identifying such hazardous obstructions;

(g) Administering the state aviation system grant program established by the general assembly pursuant to section 43-10-108.5;

(h) Developing annual projections of revenue and expenses for review by the board;

(i) Collecting and analyzing data relating to the use of aircraft in the state;

(j) Advising the FAA in regard to federal programs in the state;

(k) Publishing information relating to aeronautics in the state;

(l) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 300, § 1, effective August 5, 2009.)

(m) Directing the state treasurer to transfer moneys 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 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.

(n) Working with the department of public health and environment as it continues to provide data and information about the effects of leaded aviation fuel on human health to the department of transportation and airports; and

(o) Educating airports with significant general aviation activity, as determined by the division, regarding:

(I) The need to expedite the transition from leaded aviation gasoline to unleaded aviation gasoline; and

(II) The provisions of this article 10, as amended by House Bill 24-1235, enacted in 2024, that offer funding for projects and unleaded aviation gasoline subsidies, if offered by the division, that support the transition from leaded aviation gasoline to unleaded aviation gasoline and impose requirements for accessing that funding and, if offered, those subsidies.

(3) The division is authorized to enter into contracts with the FAA for the collection of airport data.

(4) The authority of the division shall be limited to public airports, commercial service airports, and reliever airports as defined in 49 U.S.C. sec. 47102.

(5) Except as otherwise provided in section 43-10-105 (2), the division is authorized to assist only those airports that request assistance by means of a resolution passed by the governing board of the airport and forwarded to the division.

(6) The division is authorized, under the supervision of the board, to contract with a public or private entity for any of the following purposes:

(a) To provide the division with any work, services, or equipment needed for aviation purposes;

(b) To carry out the express duties of the division under this section; or

(c) To otherwise implement the intent of this article.
C.R.S. § 43-4-804 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-804
43-4-804. Highway safety projects - surcharges and fees - crediting of money to highway us
Status: in_force

43-4-804. Highway safety projects - surcharges and fees - crediting of money to highway users tax fund - definition. (1) The following surcharges, fees, and fines shall be collected and credited to the highway users tax fund created in section 43-4-201 (1)(a) and allocated to the state highway fund, counties, and municipalities as specified in section 43-4-205 (6.3):

(a) (I) A road safety surcharge, which, except as otherwise provided in subsections (1)(a)(III) and (1)(a)(VI) of this section, is imposed for any registration period that commences on or after July 1, 2009, upon the registration of any vehicle for which a registration fee must be paid pursuant to part 3 of article 3 of title 42 and is also imposed upon any item of special mobile machinery that is covered by a registration exempt certificate issued by the department of revenue in accordance with section 42-3-107 (16)(g). Except as otherwise provided in subsections (1)(a)(IV), (1)(a)(V), and (1)(a)(VIII) of this section, the amount of the surcharge is:

(A) Sixteen dollars for a motorcycle, as defined in section 42-1-102 (55); a trailer coach, as defined in section 42-1-102 (106); an autocycle, as defined in section 42-1-102 (7.5); or any vehicle that weighs two thousand pounds or less;

(B) Twenty-three dollars for any vehicle that weighs more than two thousand pounds but not more than five thousand pounds;

(C) Twenty-eight dollars for any vehicle that weighs more than five thousand pounds but not more than ten thousand pounds;

(D) Thirty-seven dollars for any vehicle that is a passenger bus or that weighs more than ten thousand pounds but not more than sixteen thousand pounds; and

(E) Thirty-nine dollars for any vehicle that weighs more than sixteen thousand pounds.

(II) The road safety surcharge shall be imposed when a vehicle is registered as required by article 3 of title 42 or, for an item of special mobile machinery that is covered by a registration exempt certificate issued by the department of revenue in accordance with section 42-3-107 (16)(g), at the time set forth in section 42-3-107 (16)(g)(III). Each authorized agent shall remit to the department of revenue no less frequently than once a month, but otherwise at the time and in the manner required by the executive director of the department of revenue, all road safety surcharges collected by the authorized agent. The executive director of the department of revenue shall forward all road safety surcharges remitted by authorized agents plus any road safety surcharges collected directly by the department of revenue to the state treasurer, who shall credit the surcharges to the highway users tax fund.

(III) The road safety surcharge shall not be imposed on any rental vehicle on which a daily vehicle rental fee is imposed pursuant to paragraph (b) of this subsection (1).

(IV) The amount of the road safety surcharge imposed on any vehicle that is an item of Class A personal property, as defined in section 42-3-106 (2)(a), C.R.S., shall be the product of the amount of the surcharge imposed based on the weight of the vehicle pursuant to subparagraph (I) of this paragraph (a) and the percentage of the item's total apportioned registration apportioned to Colorado.

(V) The amount of the road safety surcharge imposed pursuant to this paragraph (a) shall be one-half of the amount specified in subparagraph (I) of this paragraph (a) for any vehicle that is a truck or truck tractor that is owned by a farmer or rancher and is used commercially only:

(A) To transport to market or place of storage raw agricultural products actually produced or livestock actually raised by the farmer or rancher in farming or ranching operations; or

(B) To transport commodities or livestock purchased by the farmer or rancher for personal use in the farmer's or rancher's farming or ranching operations.

(VI) The road safety surcharge shall not be imposed on any vehicle for which the department of revenue has issued a horseless carriage special license plate pursuant to section 42-12-301, C.R.S.

(VII) Each vehicle registration fee invoice shall list the road safety surcharge separately from all other vehicle registration fees or surcharges imposed.

(VIII) For any registration period that begins on or after January 1, 2022, but before January 1, 2024, the amount of each road safety surcharge imposed pursuant to subsection (1)(a)(I) of this section is reduced by eleven dollars and ten cents.

(b) (I) (A) Except as otherwise provided in subsections (1)(b)(III) and (1)(b)(IV) of this section, a daily vehicle rental fee is imposed on all short-term vehicle rentals at the rate of two dollars per day; except that a subsequent renewal of a short-term vehicle rental is exempt from the fee to the extent that the renewal extends the total rental period beyond thirty days. The rental invoice shall list the daily vehicle rental fee separately as a Colorado road safety program fee. On and after July 1, 2022, a car sharing program, as defined in section 6-1-1202 (4), shall collect the daily vehicle rental fee for any short-term vehicle rental of twenty-four hours or longer that is enabled by the car sharing program.

(B) As used in this subsection (1)(b), "short-term vehicle rental" means the rental of any motor vehicle, as defined in section 42-1-102 (58), with a gross vehicle weight rating of twenty-six thousand pounds or less that is rented within Colorado for a period of not more than thirty days.

(II) A person who collects the daily vehicle rental fee imposed by subsection (1)(b)(I) of this section and who pays specific ownership tax on the vehicles rented in the manner specified in either section 42-3-107 (11) or (12), or both, shall, no later than the twentieth day of each month, submit to the department of revenue a report, using forms furnished by the department of revenue, of daily vehicle rental fees collected for the preceding month and shall include with the report the remittance of all such fees. A person who collects the daily vehicle rental fee imposed by subsection (1)(b)(I) of this section but does not pay specific ownership tax on the vehicles in the manner specified in either section 42-3-107 (11) or (12), or both, shall submit the report and the remittance of fees collected in the same manner or in such other manner as the executive director of the department of revenue may prescribe by rules promulgated in accordance with article 4 of title 24. The executive director of the department of revenue shall forward all daily vehicle rental fees collected, together with all congestion impact fees imposed by the transportation enterprise pursuant to section 43-4-806 (7.6) collected, to the state treasurer and shall identify the amounts of each fee being forwarded. The state treasurer shall credit the daily vehicle rental fees imposed pursuant to subsection (1)(b)(I)(A) of this section to the highway users tax fund and shall credit the congestion impact fees imposed by the transportation enterprise pursuant to section 43-4-806 (7.6) to the transportation special fund as required by section 43-4-806 (7.6)(b).

(III) Because vehicle sharing is an alternative to personal vehicle ownership that reduces the number of vehicle miles traveled on the highways of the state by encouraging the use of transit and reducing the number of trips made in privately owned vehicles and thereby benefits the state by reducing traffic congestion, greenhouse gas emissions, and the amount of wear and tear on the highways, the daily vehicle rental fee imposed pursuant to this paragraph (b) shall not be imposed on any vehicle rented pursuant to a vehicle sharing arrangement if:

(A) Under the terms of the arrangement, an organization provides passenger vehicles for the use of members of the organization who have paid a membership fee to the organization and charges an additional fee for each use of a passenger vehicle;

(B) A member of the organization is not required to enter into a separate written agreement with the organization each time the member reserves and uses a passenger vehicle;

(C) The average paid usage period for all passenger vehicles provided by the organization during the prior calendar year was six hours or less;

(D) At least three-quarters of all passenger vehicle rentals made by the organization during the prior calendar year in each municipality or county in which the organization does business were made to members of the organization who maintain a residence within the city or county;

(E) Fuel and full insurance coverage are included in the member usage rates; and

(F) Passenger vehicles provided by the organization are stationed in self-serve locations throughout the county or municipality in which the organization does business.

(IV) (A) For short-term vehicle rentals beginning during state fiscal year 2022-23 and for short-term vehicle rental periods beginning during any subsequent state fiscal year, the department of revenue shall annually adjust the amount of the daily vehicle rental fee for inflation. The department of revenue shall calculate the inflation adjusted amount of the short-term vehicle rental fee for each state fiscal year and shall publish the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

(B) As used in this subsection (1)(b)(IV), "inflation" means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to the short-term vehicle rental fee is to be made begins.

(c) (I) A supplemental oversize and overweight vehicle surcharge in an amount equal to the amount of the fee charged pursuant to section 42-4-510 (11)(a), C.R.S., by the department or the Colorado state patrol for the issuance of the single trip permit; except that the surcharge shall not be imposed on a vehicle if the single trip permit fee was imposed pursuant to section 42-4-510 (11)(a)(VI)(B), C.R.S.

(II) The agency issuing an oversize or overweight vehicle single trip permit shall collect the supplemental oversize and overweight vehicle surcharge at the same time as it collects the single trip permit fee. The agency shall forward all supplemental oversize and overweight vehicle surcharges to the department, and the executive director of the department shall forward the supplemental surcharges to the state treasurer, who shall credit the surcharges to the highway users tax fund.

(d) (I) A supplemental unregistered vehicle fine imposed in addition to the fine imposed pursuant to section 42-6-139 (3), C.R.S., upon conviction of a misdemeanor for knowingly failing to register a vehicle within ninety days of becoming a resident of this state as required by section 42-3-103 (4)(a), C.R.S.

(II) The supplemental unregistered vehicle fine shall be collected at the same time as the fine imposed pursuant to section 42-6-139 (3), C.R.S. The amount of the supplemental unregistered vehicle fine shall be twenty-five dollars for each month or portion of a month that the vehicle remained unregistered following the ninety-day period during which initial registration was required; except that the amount of the supplemental unregistered vehicle fine shall not exceed one hundred dollars. All supplemental unregistered vehicle fines shall be forwarded to the state treasurer, who shall credit the fines to the highway users tax fund.

(e) Late registration fees required to be credited to the highway users tax fund pursuant to section 42-3-112 (2), C.R.S.
C.R.S. § 43-4-520 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-520
43-4-520. No action maintainable
Status: in_force

43-4-520. No action maintainable. An action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity or enjoin the performance of any act or proceedings or the issuance of any bonds, or for any other relief against or from any acts or proceedings done under this part 5, whether based upon irregularities or jurisdictional defects, shall not be maintained, unless commenced within thirty days after the performance of the act or proceedings or the effective date thereof, and shall be thereafter perpetually barred.
C.R.S. § 43-2-111 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-111
43-2-111. Road supervisors - districts - duties - powers
Status: in_force

43-2-111. Road supervisors - districts - duties - powers. (1) The county systems, both primary and secondary roads, shall be assigned to the county for construction and maintenance. The board of county commissioners of each county shall, except in counties where the boundaries thereof coincide with the boundaries of a city, prior to January 1, 1954, appoint road supervisors for all roads constituting the county system. Said supervisors shall be competent to handle the road and highway work of the county and shall be approved by the board of county commissioners. Nothing in this section shall preclude one such person from serving two or more counties. The county surveyor may be appointed, if found by the board of county commissioners to be properly qualified, or a county commissioner may act as such supervisor. The board of county commissioners shall determine the general policies of the county as to county highway matters, and the same shall be carried out and administered by the county road supervisors.

(2) Each county shall furnish evidence to the transportation commission that it has complied with the provisions of this section.

(3) The board of county commissioners of the respective counties of the state may divide their counties into such suitable road districts as, in their judgment, will best subserve the interest of the people of the whole county.

(4) The board of county commissioners of the respective counties, by mutual agreement, may form road districts consisting of more than one county. Nothing in this section shall be construed to deny any county the right to expend any funds for county road purposes outside the limits of said county if the interests of the people of the county will be subserved thereby. In all cases where road districts from more than one county are consolidated, the road supervisor shall be appointed by mutual agreement of the boards of county commissioners of the counties so forming a road district subject to the same provisions and limitations as provided for road supervisors of single counties. Road supervisors so appointed by a county or group of counties shall receive a salary to be determined by the board of county commissioners in the respective county or, in cases of two or more counties combining to appoint a single supervisor, by agreement between the boards of county commissioners of the counties so combining. He shall hold office during satisfactory service, but he may be removed by any board of county commissioners at any time at the discretion of said board, and a successor appointed.

(5) A road supervisor's duties shall be to take charge of and be responsible for all road personnel, road machinery, and tools owned by the county and to inspect all roads and bridges within the county and locate proper road material. He shall make such recommendations for road repair and for construction of roads as in his judgment may be required. He shall, on the first day of each month, make written recommendations for road and bridge work together with an estimate of the cost, which shall be subject to the approval of the board of county commissioners. He shall, on or before the first Monday of each month, render a full and complete account of all expenditures and contracts for the month preceding. The type of report shall be prepared in conformity with rules established by the board of county commissioners. At least once each year the department of transportation shall hold a meeting for the express purpose of exchanging information with representatives of the counties relating to highway construction and maintenance.

(6) He has the power now lodged with the board of county commissioners by general enactment for the prevention of damages to public highways from ditch overflows, insufficient or unsafe conduits, flumes, or ditches crossing the public highways, the removal or disposition of any material injurious to the public highway, unsafe railroad or tramway crossings, or any other cause which may arise and which comes under the jurisdiction of the board of county commissioners.
C.R.S. § 43-1-1503 — CO Code / Title 43 / Article 1 / Part 15 / Section 43-1-1503
43-1-1503. Department transfer facilities - provision of retail and commercial goods and se
Status: in_force

43-1-1503. Department transfer facilities - provision of retail and commercial goods and services. (1) Notwithstanding the provisions of section 43-3-101, the executive director shall have the authority to negotiate and enter into agreements with any person or public entity for the provision of retail and commercial goods and services to the public at any transfer facility that is owned, leased, or operated by the department.

(2) Any person or public entity obtaining the use of any portion of a transfer facility that is owned, leased, or operated by the department for the provision of retail or commercial goods or services shall enter into an agreement with the department that is consistent with section 43-1-1204. Such agreement may provide that private contributions to the department include the provision of real property, services, or capital improvements to facilities used in transit services.

(3) Any use of a transfer facility that is owned, leased, or operated by the department for the provision of retail or commercial goods or services shall not be implemented if the use would reduce transit services or the availability of adequate parking for the public or would result in a competitive disadvantage to a private business reasonably near a transfer facility engaging in the sale of similar goods and services. The provision of retail and commercial goods and services at transfer facilities that are owned, leased, or operated by the department shall be designed to offer convenience to transit customers and shall not be conducted in a manner that encourages automobile traffic from nontransit users.

(4) Any development of any portion of a transfer facility owned, leased, or operated by the department and made available by the department for the provision of retail or commercial goods or services shall be subject to all applicable laws, ordinances, and regulations of any municipality, county, or city and county in which the transfer facility is located, including planning and zoning regulations.
C.R.S. § 43-1-207 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-207
43-1-207. Petition for acceptance of road as state highway
Status: in_force

43-1-207. Petition for acceptance of road as state highway. If a board of county commissioners desires to have the transportation commission accept as a state highway any section of road in the county, the board of county commissioners by resolution may so request the commission, and the chief engineer shall then examine the section of road referred to and report to the commission as to whether it is of such construction and in such state of repair as will make it proper to accept it as a state highway. The commission in its discretion may accept such section as a state highway.
C.R.S. § 43-1-210 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-210
43-1-210. Acquisition and disposition of property - department of transportation renovatio
Status: repealed

43-1-210. Acquisition and disposition of property - department of transportation renovation fund. (1) Whenever a part of a parcel of land is to be taken for state highway purposes and the remainder is to be left in such shape or condition as to be of little value to its owner or to give rise to claims or litigation concerning severance or other damage, the department of transportation may acquire by purchase or condemnation the whole parcel; except that the owner of said parcel may, at his option, retain the mineral or gravel interests therein, subject to the right to subsurface support retained by the department of transportation pursuant to section 43-1-209. The owner who retains said mineral or gravel interests shall not disturb the surface of the acquired parcel. The department of transportation may sell or lease the remainder of said parcel or may exchange the same for other property needed for state highway purposes.

(2) The department of transportation may acquire by purchase, exchange, or condemnation excess right-of-way whenever in the opinion of the chief engineer public interest, safety, or convenience will be served by acquiring such excess. In connection with the construction, maintenance, and supervision of the public highways of this state, the department of transportation may also acquire by purchase, exchange, or condemnation strips or parcels of land, or interests therein, adjacent to federal-aid highways necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas; but no state funds shall be expended to acquire said strips or parcels of land, or interests therein, necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas unless the acquisition and development of land for such purposes is approved by the secretary of transportation to make the state eligible for reimbursement from federal funds.

(3) The department of transportation has the authority to acquire by purchase, exchange, or condemnation rights-of-way for future needs for which rights-of-way have been identified in the current five-year highway program of projects and to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the chief engineer, with the approval of the governor, may fix. When any right-of-way is to be acquired for future needs pursuant to this subsection (3), the department of transportation may obtain possession of such right-of-way pursuant to section 38-1-105 (6)(a), C.R.S., even though construction funds are not available at the time of acquisition, following the approval of an environmental assessment.

(4) All moneys received from sale or rent of lands shall be deposited with the state treasurer to the credit of the state highway fund.

(5) (a) (I) The department of transportation is authorized, subject to approving resolution of the transportation commission, to dispose of any property or interest therein in the manner specified in this section which, in the opinion of the chief engineer, is no longer needed for transportation purposes. Subject to the provisions of this section, any sale or exchange of such property or interest shall be upon the terms and conditions as the commission and chief engineer, with the approval of the governor, may fix. Title to such property shall be transferred by appropriate instruments of conveyance, without warranties, and any moneys received shall be deposited with the state treasurer to the credit of the state highway supplementary fund.

(II) Prior to the disposal of any property or interest in any property that the department determines has an approximate value of more than twenty-five thousand dollars, the department shall obtain an appraisal from an appraiser, who is certified as a general appraiser under section 12-10-606, to determine the fair market value of the property or interest.

(III) If the department determines that the property or interest therein is of use only to one abutting owner or, in the case of an easement, to the underlying fee owner, the abutting owner or underlying fee owner shall have first right of refusal to purchase or exchange the property or interest therein upon which disposition is being made at the fair market value.

(IV) (A) If the abutting owner or underlying fee owner refuses to exercise the first right of refusal to purchase or exchange the property or interest therein under subsection (5)(a)(III) of this section or if the department determines that such property or interest is of use to more than one owner or potential owner, any political subdivision of this state including but not limited to any state agency, city or town, or county located within the boundaries of the property or interest therein shall have first right of refusal to purchase or exchange such property or interest at the fair market value. During the first right of refusal period, the department of personnel, as part of the process described in section 24-82-102.5 (4)(a), may determine that the property being offered for sale by the department of transportation could be used for affordable housing, child care, or placement of renewable energy facilities, in which case their right of first refusal supersedes the right of any other political subdivision of the state.

(B) If no political subdivision exercises its right of first refusal to purchase or exchange the property or interest therein pursuant to sub-subparagraph (A) of this subparagraph (IV), the department shall dispose of such property or interest by means of a sale or exchange for not less than its fair market value.

(V) For any property or interest therein subject to disposition that the department determines has an approximate value of twenty-five thousand dollars or less, the department shall dispose of the property or interest by means of a sale or exchange at not less than its fair market value in the manner set forth in this subsection (5); except that, as specified in section 12-10-602 (9)(b)(VI), the department may employ a right-of-way acquisition agent, a real estate appraiser who is licensed or certified pursuant to part 6 of article 10 of title 12, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation to provide an estimate of the fair market value of such property or interest and to determine to whom the property or interest is of use.

(b) (Deleted by amendment, L. 96, p. 1453, § 1, effective June 1, 1996.)

(c) If the department is not able to dispose of the property or interest therein by means of a sale or exchange following a diligent effort for a five-year period, the department shall vacate such property or interest and title to such property or interest shall vest in accordance with the provisions of part 3 of article 2 of this title.

(d) As used in this subsection (5), "exchange" means the transferring of property, including improvements, water rights, land, or interests in land or water rights, by the department to another person in consideration for the transfer to the department of other property, including improvements, water rights, land, or interests in land or water rights, cash, or services or other consideration thereof; except that any cash or services received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange shall not be deemed a sale merely because dollar values have been assigned to any property, including improvements, water rights, land, or interests in land or water rights, for the purpose of ensuring that the department will receive adequate compensation.

(6) and (7) Repealed.
C.R.S. § 43-2-215 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-215
43-2-215. Moneys allocated to fund
Status: in_force

43-2-215. Moneys allocated to fund. Upon creation and establishment of such fund the board of county commissioners of such county shall thereupon allocate to said fund all moneys which may become available to such county for highway purposes from federal royalties, together with such additional revenues as the board of county commissioners may determine to be necessary from the county road and bridge fund, not to exceed fifty percent thereof. Moneys and revenues allocated to said fund shall be held in said fund inviolate for the primary purpose of the retirement of all outstanding and unpaid county highway anticipation warrants issued in accordance with the provisions of sections 43-2-214 to 43-2-218.
C.R.S. § 43-4-618 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-618
43-4-618. Exemption from taxation - securities laws
Status: in_force

43-4-618. Exemption from taxation - securities laws. The income or other revenues of an authority, all properties at any time owned by an authority, any bonds issued by an authority, and the transfer of and the income from any bonds issued by an authority are exempt from all taxation and assessments in the state. In the resolution or indenture authorizing the bonds, an authority may waive the exemption from federal income taxation for interest on the bonds.
C.R.S. § 43-1-1407 — CO Code / Title 43 / Article 1 / Part 14 / Section 43-1-1407
43-1-1407. Stipulated fee
Status: in_force

43-1-1407. Stipulated fee. At its discretion, the department may award a stipulated fee to the design-build firms that submit responsive proposals but that are not awarded the design-build contract for a transportation project. The department shall not be required to award such stipulated fee, but if it elects to award such fee for a transportation project, the department shall identify the availability and the amount of such fee in its request for proposals.
C.R.S. § 43-2-137 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-137
43-2-137. Counties submit priorities - instructions
Status: in_force

43-2-137. Counties submit priorities - instructions. The boards of county commissioners of the various counties in Colorado and the city council of the city and county of Denver and the city council of the city and county of Broomfield shall annually submit to the commission priorities for the construction of roads and streets within their specific jurisdiction on the state highway system, plus all proposed projects not a part of the state highway system but utilizing federal funding. For purposes of this section and section 43-2-138, the city and county of Denver and the city and county of Broomfield shall be considered counties.
C.R.S. § 43-3-411 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-411
43-3-411. Warrants - obligations limited to highway fund - not state indebtedness
Status: repealed

43-3-411. Warrants - obligations limited to highway fund - not state indebtedness. (Repealed)
C.R.S. § 43-1-130 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-130
43-1-130. Autonomous motor vehicles study - report - repeal
Status: repealed

43-1-130. Autonomous motor vehicles study - report - repeal. (1) The department shall study issues relating to the development and adoption of autonomous motor vehicles. The study must, at a minimum:

(a) Summarize the current status of autonomous motor vehicle technology and the extent of the use of such technology in commercial and government motor vehicle fleets and personal motor vehicles;

(b) Provide an estimated timeline for future advancements in autonomous motor vehicle technology, in particular advancements that enable motor vehicle automation to attain higher levels in the motor vehicle classification system adopted by the United States department of transportation, and the adoption of such advancements for use in commercial and government motor vehicle fleets and personal motor vehicles;

(c) Summarize the anticipated safety benefits, including benefits to transportation systems associated with the transition to automated commercial and government motor vehicle fleets and personal motor vehicles, and safety risks, including cybersecurity risks, of autonomous motor vehicles;

(d) Identify any modifications or additions that existing state transportation infrastructure may need to enable the use of autonomous motor vehicles, the timeline for making such modifications or additions, and the anticipated cost of making such modifications or additions; and

(e) Identify and summarize legal issues relating to the use of autonomous motor vehicles.

(2) The department shall present the report to the transportation legislation review committee created in section 43-2-145 (1) during the 2025 legislative interim.

(3) This section is repealed, effective July 1, 2026.
C.R.S. § 43-2-204 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-204
43-2-204. Commissioners authorized to acquire property for highways
Status: in_force

43-2-204. Commissioners authorized to acquire property for highways. Boards of county commissioners, acting for their respective counties, are authorized to acquire by donation, by purchase, or by eminent domain proceedings in the name of such boards any private or public property necessary for the improvement or construction of state highways. Said boards have authority to contract with the department of transportation to pay for all or any part of such property so acquired.
C.R.S. § 43-1-702 — CO Code / Title 43 / Article 1 / Part 7 / Section 43-1-702
43-1-702. Rules and regulations
Status: in_force

43-1-702. Rules and regulations. The department of transportation is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this part 7.