C.R.S. § 43-4-206 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-206
43-4-206. State allocation
Status: repealed

43-4-206. State allocation. (1) Except as otherwise provided in subsections (1)(b)(V), (2), and (3) of this section, after paying the costs of the Colorado state patrol and any other costs of the department, exclusive of highway construction, highway improvements, or highway maintenance, that are appropriated by the general assembly, money in the highway users tax fund shall be paid to the state highway fund and expended for the following purposes:

(a) The state highway fund shall be subject to the sinking fund and bond lien provided by part 2 of article 3 of this title.

(b) Except as otherwise provided in subsection (2) of this section, all money in the state highway fund not required for the creation, maintenance, and application of the highway anticipation or sinking fund and all money in the state highway supplementary fund are available to pay for:

(I) All salaries, wages, and necessary traveling and other expenses of all persons connected with the department of transportation;

(II) All equipment, furniture, and supplies for officers, division offices, and laboratories as may be established by the director of the highway maintenance division;

(III) All incidental office expenses, including telegraph, telephone, postal, express charges, and expenses for printing, stationery, and advertising and for the publication of the quarterly bulletin;

(IV) All machines, tools, or other equipment necessary for the furtherance of the work of the department of transportation and also land and buildings for the housing and use of the same;

(V) The construction, reconstruction, repairs, improvement, planning, supervision, and maintenance of the state highway system and other public highways, including any county and municipal roads and highways, together with the acquisition of rights-of-way and access rights for the same. Any proceeds of financed purchase of an asset or certificate of participation agreements executed as required by section 24-82-1303 (2)(a) that are credited to the state highway fund pursuant to section 24-82-1303 (4)(b) shall be used only for qualified federal aid highway projects that are included in the strategic transportation project investment program of the department of transportation and that are designated for tier 1 funding as ten-year development program projects on the department's development program project list, with at least twenty-five percent of the money being used for projects that are located in counties with populations of fifty thousand or less as of July 2015 as reported by the state demography office of the department of local affairs. No more than ninety percent of the proceeds shall be expended for highway purposes or highway-related capital improvements, and at least ten percent of the proceeds shall be expended for transit purposes or for transit-related capital improvements.

(V.5) Repealed.

(V.7) (A) The payment of statewide indirect costs in accordance with section 43-1-113 (8).

(B) (Deleted by amendment, L. 2005, p. 297, § 62, effective August 8, 2005.)

(VI) All land damages incurred by reason of establishing, opening, altering, relocating, widening, or abandoning portions of any part of the state highway system;

(VII) The payment of just compensation for advertising devices required to be removed under the provisions of section 43-1-414 (2).

(2) (a) Revenue accrued to and transferred to the highway users tax fund pursuant to section 39-26-123 (4)(a) or appropriated to the highway users tax fund pursuant to House Bill 02-1389, enacted at the second regular session of the sixty-third general assembly, and credited to the state highway fund pursuant to section 43-4-205 (6.5) shall be expended by the department of transportation for the implementation of the strategic transportation project investment program:

(I) No more than ninety percent of such revenues shall be expended for highway purposes or highway-related capital improvements, including, but not limited to, high occupancy vehicle lanes, park-and-ride facilities, and transportation management systems, and at least ten percent of such revenues shall be expended for transit purposes or for transit-related capital improvements.

(II) (Deleted by amendment, L. 2000, p. 1741, § 1, effective June 1, 2000.)

(b) Notwithstanding section 24-1-136 (11)(a)(I), beginning in 1998, the department of transportation shall report annually to the transportation committee of the senate and the transportation and energy committee of the house of representatives concerning the revenue expended by the department pursuant to subsection (2)(a) of this section and, beginning in 2019, any net proceeds of financed purchase of an asset or certificate of participation agreements executed as required by section 24-82-1303 (2)(a) that are credited to the state highway fund pursuant to section 24-82-1303 (4)(b) and expended by the department pursuant to subsection (1)(b)(V) of this section. The department shall present the report at the joint meeting required under section 43-1-113 (9)(a), and the report shall describe for each fiscal year, if applicable:

(I) The projects on which the revenue and net proceeds are to be expended, including the estimated cost of each project, the aggregate amount of revenue actually spent on each project, and the amount of revenue allocated for each project in such fiscal year. The department of transportation shall submit a prioritized list of such projects as part of the report.

(II) The status of such projects that the department has undertaken in any previous fiscal year;

(III) The projected amounts of revenue and net proceeds that the department expects to receive under this subsection (2) and section 24-82-1303 (4)(b) during the fiscal year;

(IV) The amount of revenue and net proceeds that the department has already received under this subsection (2) and section 24-82-1303 (4)(b) during the fiscal year; and

(V) How the revenue and net proceeds expended under this subsection (2) and subsection (1)(b)(V) of this section during the fiscal year relate to the total funding of the federal aid transportation projects that are included in the strategic transportation project investment program.

(c) Beginning with the 1997-98 fiscal year, the department of transportation shall report annually to the joint budget committee at the department's hearing to review the department's budget request. The report shall contain for each fiscal year, if applicable, the reporting requirements specified in subparagraphs (I) to (V) of paragraph (b) of this subsection (2).

(d) Repealed.

(3) The revenue allocated to the state highway fund pursuant to section 43-4-205 (6)(b)(I) and (6.3) must be expended by the department of transportation only for road safety projects, as defined in section 43-4-803 (21); except that the department shall, in furtherance of its duty to supervise state highways and as a consequence in compliance with section 43-4-810:

(a) Expend ten million dollars per year of the revenue for the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, operation, or administration of transit-related projects, including, but not limited to, designated bicycle or pedestrian lanes of highway, crossing improvements, and infrastructure needed to integrate different transportation modes within a multimodal transportation system that enhance the safety of state highways for transit users; and

(b) (I) Allocate, for state fiscal year 2025-26 and each succeeding state fiscal year, after accounting for critical safety-related asset management surface transportation infrastructure projects eligible for funding pursuant to section 43-4-803 (21)(a) and as determined by the transportation commission, at least ten percent of the remaining revenue but no less than seven million dollars, as adjusted pursuant to subsection (3)(b)(II) of this section for state fiscal year 2026-27 and each succeeding state fiscal year, for the types of road safety projects described in section 43-4-803 (21)(b).

(II) For state fiscal year 2026-27 and each succeeding state fiscal year, the minimum dollar amount of allocation required by subsection (3)(b)(I) of this section is seven million dollars, adjusted for the cumulative percentage change in the amount of revenue actually credited to the state highway fund pursuant to section 43-4-205 (6.3) from state fiscal year 2024-25 through the prior state fiscal year.
C.R.S. § 43-2-132 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-132
43-2-132. Annual municipal reports
Status: in_force

43-2-132. Annual municipal reports. (1) On or before the thirtieth day of June of each year, every city, city and county, and incorporated town shall cause to be made and filed with the highway maintenance division a complete report of the expenditures of all moneys applied to city street systems during the calendar year ending on the thirty-first day of December next preceding. The division shall prescribe the form and contents of such report.

(2) The report shall contain the following:

(a) A detailed statement identifying the separate amounts and sources of all moneys available during the calendar year covered by the report, including moneys made available by the United States government, the state, the county, and any other governmental agency, and moneys available from bond issues, special assessments, tax levy, or any other source whatever for street or road purposes;

(b) A detailed statement of all expenditures during the calendar year covered by the report for street and road purposes, including obligations incurred but not yet paid. The statement shall contain uniform categories to be prescribed by the department of transportation, such categories to include but not be limited to expenditures for rights-of-way or other property, construction, maintenance, acquisition of equipment, and administration. The statement shall also set forth the amount of funds on hand at the beginning of the calendar year covered by the report, the manner in which highway users tax fund moneys and the county road and bridge fund were spent during such calendar year, and the amount of any unexpended funds remaining at the close of such calendar year. The department of transportation shall prescribe such other expenditure categories and such other information as may be deemed necessary by the department to fully disclose the nature and extent of all transactions by any city, city and county, or incorporated town relating to streets and roads. Any moneys which have become available to any city, city and county, and incorporated town for expenditure on roads and bridges by virtue of a condition placed on any type of land use approval shall be accounted for separately and said expenditures shall be limited to roads and bridges in connection with such land use project.

(3) The highway maintenance division shall prepare detailed instructions for the uniform reporting of receipts and expenditures of all moneys to city streets and roads.

(4) The highway maintenance division shall annually tabulate and compile all such reports and statements received from the cities, city and counties, and incorporated towns and shall publish these data in accordance with the provisions of section 24-1-136, C.R.S.

(5) (a) On or before March 1 of each year, each city, city and county, and incorporated town shall submit to the department of transportation the certification prepared as provided by section 43-2-125 showing all changes in total mileage and arterial mileage having been made during the calendar year ending on December 31 next preceding.

(b) Information concerning the condition of the streets, roads, and highways submitted pursuant to section 43-1-115 (2), shall be reported in conjunction with the report required by paragraph (a) of this subsection (5).

(6) The reports required by this section shall be audited in accordance with the provisions of part 6 of article 1 of title 29, C.R.S., and such reports shall be included as supplementary information in the annual audit report.
C.R.S. § 43-1-1602 — CO Code / Title 43 / Article 1 / Part 16 / Section 43-1-1602
43-1-1602. Federal funds
Status: in_force

43-1-1602. Federal funds. (1) The department may allocate funds received from the federal government under the hazard elimination program, 23 U.S.C. sec. 152, as amended, or its successor program, to projects funded under the safe routes to school program.

(2) It is the intent of the general assembly that the department allocate to the safe routes to school program any funds received from the federal government under any federal safe routes to school program or other new federal program that designates funds for any of the following purposes:

(a) To enable and encourage children to walk and bicycle to school;

(b) To make bicycling and walking to school a safer and more appealing transportation alternative; or

(c) To facilitate planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.
C.R.S. § 43-2-131 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-131
43-2-131. Municipal allocations - delinquent reports - grace period
Status: in_force

43-2-131. Municipal allocations - delinquent reports - grace period. The state treasurer or any other state officer so designated shall make complete allocations from highway user revenues to only those cities, cities and counties, or towns which have complied with all the requirements of this part 1. The state agency or department designated in this part 1 to receive reports shall inform the cities, cities and counties, or towns in writing, by certified mail, of any delinquencies in reporting and shall forward a copy of such notice to the state treasurer. Delinquent cities, cities and counties, or towns shall be allowed a grace period of sixty days after date in which to rectify the delinquency. If the required reports have not been received at the end of the sixty-day grace period, the state treasurer shall withhold the moneys due to such cities, cities and counties, or towns until he has been informed that the required reports have been received. Payments withheld will be paid to the cities, cities and counties, or towns upon receipt of the delinquent reports.
C.R.S. § 43-1-413 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-413
43-1-413. Nonconforming advertising devices
Status: in_force

43-1-413. Nonconforming advertising devices. (1) A nonconforming advertising device may be continued to be maintained at the same location at which the nonconforming advertising device was lawfully erected.

(2) The right to maintain any nonconforming advertising device shall be terminated by:

(a) Abandonment of the nonconforming advertising device;

(b) Increase of any dimension of the nonconforming advertising device;

(c) Change of any aspect of or in the character of the nonconforming device;

(d) Failure to comply with the provisions of this part 4, concerning permits for the maintenance of advertising devices;

(e) Damage to or destruction of the nonconforming advertising device from any cause whatsoever, except willful destruction, where the cost of repairing the damage or destruction exceeds fifty percent of the cost of such device on the date of damage or destruction, as determined by the department-approved schedule of compensation;

(f) Obsolescence of the nonconforming advertising device where the cost of repairing the device exceeds fifty percent of the replacement cost of such device on the date that the department determines said device is obsolete.

(3) Reasonable and customary repair and maintenance of the device, including a change of advertising message or design, is not a change that would violate subsection (2) of this section. However, such message or design change shall not be compensable under section 43-1-414.

(4) If the right to maintain any nonconforming advertising device is terminated under this section, the advertising device shall become illegal and shall be removed pursuant to section 43-1-412.
C.R.S. § 43-4-812 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-812
43-4-812. Use of user fees for transit - legislative declaration
Status: in_force

43-4-812. Use of user fees for transit - legislative declaration. (1) Notwithstanding any other provision of law, the transportation enterprise, a public highway authority created and existing pursuant to part 5 of this article, a regional transportation authority created and existing pursuant to part 6 of this article, or any other entity that, as of March 2, 2009, is imposing a user fee or toll for the privilege of traveling on any highway segment or highway lanes may use revenue generated by the user fee or toll for rail- and transit-related projects that relate to the maintenance or supervision of the highway segment or highway lanes on which the user fee or toll is imposed.

(2) The general assembly finds and declares that the funding of rail- and transit-related projects authorized by subsection (1) of this section constitutes maintenance and supervision of state highways because it will help to reduce traffic on state highways and thereby reduce wear and tear on state highways and bridges and increase their reliability, safety, and expected useful life.
C.R.S. § 43-4-803 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-803
43-4-803. Definitions
Status: in_force

43-4-803. Definitions. As used in this part 8, unless the context otherwise requires:

(1) "Authorized agent" shall have the same meaning as set forth in section 42-1-102 (5), C.R.S.

(2) "Bond" means any bond, note, interim certificate, commercial paper, contract, or other evidence of indebtedness of either the bridge enterprise or the transportation enterprise authorized by this part 8, including, but not limited to, any obligation to the United States in connection with a loan from or guaranteed by the United States.

(3) "Bond obligations" means the debt service on, and related costs and obligations in connection with, bonds, including, without limitation:

(a) Payments with respect to principal, interest, prepayment premiums, reserve funds, surplus funds, sinking funds, and costs of issuance;

(b) Payments related to any credit enhancement, liquidity support, or interest rate protection for bonds;

(c) Fees and expenses of any trustee, bond registrar, paying agent, authenticating agent, rebate analyst or consultant, calculation agent, remarketing agent, or credit enhancement, liquidity support, or interest rate protection provider;

(d) Coverage requirements; and

(e) Other costs, fees, and expenses related to the foregoing and any other amounts required to be paid pursuant to the provisions of any documents authorizing the issuance of the bonds.

(4) "Bridge enterprise" means the statewide bridge and tunnel enterprise created in section 43-4-805 (2).

(5) "Bridge enterprise board" means the board of directors of the bridge enterprise.

(6) "Bridge enterprise director" means the director of the bridge enterprise appointed pursuant to section 43-4-805 (2)(a)(I).

(7) "Bridge special fund" means the statewide bridge and tunnel enterprise special revenue fund created in section 43-4-805 (3)(a).

(8) "Commission" means the transportation commission created in section 43-1-106 (1).

(9) "Department" means the department of transportation created in section 24-1-128.7, C.R.S.

(10) "Designated bridge" means every bridge, including any roadways, sidewalks, or other infrastructure connected or adjacent to or required for the optimal functioning of the bridge, that:

(a) Is part of the state highway system, as described in section 43-2-101; and

(b) Has been identified by the department as structurally deficient or functionally obsolete, and has been rated by the department as poor, as of January 1, 2009, or is subsequently so identified and rated by the department.

(11) "Designated bridge project" means a project that involves the repair, reconstruction, replacement, or ongoing operation or maintenance, or any combination thereof, of a designated bridge by the bridge enterprise pursuant to an agreement between the bridge enterprise and the commission or department authorized by section 43-4-805 (5)(f). A fair-rated bridge may be included in a designated bridge project or other project involving the repair, replacement, or reconstruction of a designated bridge if including the fair-rated bridge is an efficient use of the bridge enterprise's resources and will result in cost savings or schedule acceleration for a project that will improve safety.

(12) "Executive director" means the executive director of the department.

(12.5) "Fair-rated bridge" means every bridge, including any roadways, sidewalks, or other infrastructure connected to, adjacent to, or required for the optimal functioning of the bridge, that:

(a) Is part of the state highway system, as described in section 43-2-101; and

(b) The department has rated as fair.

(12.7) "Good-rated bridge" means every bridge, including any roadways, sidewalks, or other infrastructure connected to, adjacent to, or required for the optimal functioning of the bridge, that:

(a) Is part of the state highway system, as described in section 43-2-101; and

(b) The department has rated as good.

(13) (a) "Grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in the state to the bridge enterprise or the transportation enterprise that is not required to be repaid.

(b) "Grant" does not include any of the following or any interest or income derived from the deposit and investment of the following:

(I) Any indirect benefit conferred upon the bridge enterprise or the transportation enterprise from the state or any local government in the state;

(II) Any federal funds received by the bridge enterprise or the transportation enterprise, regardless of whether the federal funds pass through the state or any local government in the state prior to receipt by the enterprise;

(III) Any revenues of the bridge enterprise from the bridge safety surcharge imposed by the enterprise pursuant to section 43-4-805 (5)(g) or revenues of the bridge enterprise or the transportation enterprise from any other authorized rate, fee, assessment, or other charge imposed by either enterprise for the provision of goods or services by the enterprise;

(IV) Any money paid or advanced to the bridge enterprise or the transportation enterprise by the state, a local government or group of local governments, an authority, or any other government-owned business or governmental entity in exchange for an agreement by either enterprise to complete a designated bridge project, a preventative maintenance bridge project, or a surface transportation infrastructure project; or

(V) Any money loaned by the commission to the bridge enterprise pursuant to section 43-4-805 (4) or (5)(r) or the transportation enterprise pursuant to section 43-4-806 (4).

(14) "Highway" means a road and related improvements and services. A highway may consist of improvements and services, including, but not limited to, paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, rail crossings, shoulders, frontage roads, access roads, interchanges, drainage facilities, transit lanes and services, park-and-ride facilities, traffic demand management facilities and services, other multimodal improvements and services, toll collection facilities, service areas, administrative or maintenance facilities, gas, electric, water, sewer, and other utilities located or to be located in the right-of-way of the highway, and other real or personal property, including easements, rights-of-way, open space, and other interests therein, relating to the financing, construction, operation, or maintenance of the highway.

(15) "Issuing enterprise" means, with respect to the issuance of bonds as authorized by this part 8, either the bridge enterprise or the transportation enterprise.

(16) "Local government" means a municipality, county, or city and county.

(17) "Metropolitan planning organization" means a metropolitan planning organization under the "Federal Transit Act of 1998", 49 U.S.C. sec. 5301 et seq., as amended.

(17.5) "Preventative maintenance bridge project" means a project that involves a treatment or strategy to extend the service life of a fair-rated or good-rated bridge by preventing, delaying, or reducing the deterioration of a bridge.

(18) "Public-private partnership" means an agreement, including, but not limited to, an operating concession agreement between the bridge enterprise or the transportation enterprise and one or more private or public entities that provides for:

(a) Acceptance of a private contribution to a surface transportation infrastructure project in exchange for a public benefit concerning the project other than only a money payment;

(b) Sharing of resources and the means of providing surface transportation infrastructure projects; or

(c) Cooperation in researching, developing, and implementing surface transportation infrastructure projects.

(19) "Public transportation vehicle" means a motor vehicle that is part of vehicular service that transports the general public and that is provided by a public transportation district or by a local government.

(20) "Regional planning commission" means a regional planning commission formed under the provisions of section 30-28-105, C.R.S., that prepares and submits a transportation plan pursuant to section 43-1-1103.

(21) "Road safety project" means:

(a) A construction, reconstruction, or maintenance project that the commission determines is needed to enhance the safety of a state highway, a county determines is needed to enhance the safety of a county road, or a municipality determines is needed to enhance the safety of a city street; or

(b) A project that improves transportation system infrastructure or otherwise implements data-driven strategies that reduce the number of collisions with motor vehicles that result in death or serious injury to vulnerable road users. Eligible projects include, but are not limited to, projects that meet or exceed the department's cost-to-benefit ratio for safety projects and:

(I) Separate users in space, such as separated bike lanes, walkways, crossing improvements, and pedestrian refuge islands; or

(II) Increase attentiveness and awareness, such as crosswalk visibility enhancements, pedestrian hybrid beacons, and lighting.

(22) "Surface transportation infrastructure" means a highway, a bridge other than a designated bridge, or any other infrastructure, facility, or equipment used primarily or in large part to transport people and move freight on systems that operate on or are affixed to the ground, including passenger rail, bus, or other public transportation vehicles.

(23) "Surface transportation infrastructure project" means the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, or operation of a defined amount of surface transportation infrastructure by:

(a) The transportation enterprise; or

(b) A partner of the transportation enterprise under the terms of a public-private partnership.

(23.5) "Surface transportation infrastructure project network" means all existing or planned surface transportation infrastructure projects.

(24) "Transportation enterprise" means the high-performance transportation enterprise created in section 43-4-806 (2)(a).

(25) "Transportation enterprise board" means the board of directors of the transportation enterprise.

(26) "Transportation enterprise director" means the director of the transportation enterprise appointed pursuant to section 43-4-806 (2)(b).

(26.5) "Tunnel project" means a project to repair, maintain, or enhance the operation of any tunnel that is part of the state highway system.

(27) "User fee" means compensation to be paid to the transportation enterprise or a partner of the transportation enterprise, including the congestion impact fee imposed by the transportation enterprise pursuant to section 43-4-806 (7.6), for the privilege of either using surface transportation infrastructure constructed or operated by the transportation enterprise or operated by its partner under the terms of a public-private partnership or benefitting from the reduced congestion on and improved condition of other surface transportation infrastructure in the state resulting from the availability of surface transportation infrastructure constructed or operated by the transportation enterprise or operated by its partner under the terms of a public-private partnership and from the opportunity to use such surface transportation infrastructure constructed or operated by the transportation enterprise and such other less congested and improved surface transportation infrastructure.

(28) "Vehicle" means a motor vehicle as defined in section 42-1-102 (58), C.R.S.; except that, for purposes of the imposition of any surcharge, fee, or fine imposed pursuant this part 8 in connection with a vehicle required to be registered pursuant to the provisions of article 3 of title 42, C.R.S., "vehicle" also includes any vehicle without motive power that is required to be registered.

(29) "Vulnerable road user" means a nonmotorist with a fatality analysis reporting system person attribute code for a pedestrian, bicyclist, other cyclist, and a person on a personal conveyance or an injured person that is, or is equivalent to, a pedestrian or pedal cyclist as defined in the ANSI D16.1-2007 in accordance with 23 U.S.C. sec. 148 (a)(15) and 23 CFR 490.205. "Vulnerable road user" does not include a motorcyclist but does include:

(a) An individual who is walking, biking, or rolling;

(b) A highway worker on foot in a work zone, given they are considered a pedestrian.
C.R.S. § 43-4-814 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-814
43-4-814. Military deployment - motor vehicle fees exempted - penalty
Status: in_force

43-4-814. Military deployment - motor vehicle fees exempted - penalty. (1) Motor vehicle fees exempted. If the owner is a member of the United States armed forces and has orders to serve outside the United States, the owner may exempt the Class C personal property or Class B personal property under sixteen thousand pounds empty weight from the registration fees imposed under this part 8 during the time the owner is serving. If the owner serves less than one year outside the United States, the fees are exempt for the portion of the year that the owner served outside the United States, prorated according to the number of months the owner was in the United States.

(2) Qualifications. In order to qualify for the exemption from registration fees under this section, the owner must:

(a) Show the department military orders to serve outside the United States or any evidence acceptable to the department that the owner served outside the United States; and

(b) File a signed affidavit that the motor vehicle will not be operated on a highway during the exemption period.

(3) If a person has already paid the normal fees under this part 8 for a motor vehicle that is eligible for an exemption under this section, the department shall credit the person the exempted portion of the fee amount towards the person's fees for succeeding years.

(4) Violations. A person shall not operate the motor vehicle during the time covered by the affidavit filed under subsection (2) of this section. A violation of this section is a civil infraction.
C.R.S. § 43-4-519 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-519
43-4-519. Exemption from taxation - securities laws
Status: in_force

43-4-519. Exemption from taxation - securities laws. The income or other revenues of the authority, all properties at any time owned by the authority, any bonds issued by the authority, and the transfer of and the income from any bonds issued by the authority shall be exempt from all taxation and assessments in the state. In the resolution or indenture authorizing the bonds, the authority may waive the exemption from federal income taxation for interest on the bonds. Bonds issued by the authority shall be exempt from the provisions of article 51 of title 11, C.R.S.
C.R.S. § 43-2-136 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-136
43-2-136. Department makes rules for rating
Status: in_force

43-2-136. Department makes rules for rating. (1) The department of transportation shall promulgate and adopt rules and regulations for a practical system of rating roads, streets, and highways based on sufficiency rating studies for the systems under its specific jurisdiction as follows:

(a) Priorities for construction on the state highway system as designated by this part 1 shall be determined by the transportation commission not later than May thirtieth of the year preceding the year during which said construction is to be undertaken.

(b) The transportation commission in establishing priorities shall make use of a sufficiency rating which shall take into consideration traffic volume, composition of traffic, width of the roadbed, pavement type, and such other construction factors as it deems necessary in order to adequately compare existing highway facilities with the known desirable standards for highways which should apply.
C.R.S. § 43-3-304 — CO Code / Title 43 / Article 3 / Part 3 / Section 43-3-304
43-3-304. Noncompete agreements
Status: in_force

43-3-304. Noncompete agreements. A toll road or toll highway company may not enter into a noncompete agreement with a public entity if the agreement would degrade an existing roadway or either delay or prevent the construction or upgrading of a road or highway that is included in the fiscally constrained regional transportation plan required by section 43-1-1103 (1) or the fiscally constrained comprehensive statewide transportation plan required by section 43-1-1103 (5).
C.R.S. § 43-4-809 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-809
43-4-809. Enterprises - applicability of other laws
Status: in_force

43-4-809. Enterprises - applicability of other laws. (1) Notwithstanding any law to the contrary, neither the bridge enterprise nor the transportation enterprise shall be subject to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.

(2) (a) The bridge enterprise and the transportation enterprise shall be subject to the open meetings provisions of the Colorado sunshine law contained in part 4 of article 6 of title 24, C.R.S., and the "Colorado Open Records Act", article 72 of title 24, C.R.S.

(b) For purposes of part 2 of the "Colorado Open Records Act", article 72 of title 24, C.R.S., the records of the bridge enterprise and the transportation enterprise shall be public records, as defined in section 24-72-202 (6), C.R.S., regardless of whether the bridge enterprise or the transportation enterprise receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), C.R.S., from all Colorado state and local governments combined.

(3) Revenues of the bridge enterprise and the transportation enterprise shall not be subject to the provisions of section 43-1-1205.

(4) The bridge enterprise and the transportation enterprise shall each constitute a public entity for purposes of part 2 of article 57 of title 11, C.R.S.

(5) Labor standards specified in law that apply to the department shall apply with equal force to the bridge enterprise and the transportation enterprise.
C.R.S. § 43-1-1402 — CO Code / Title 43 / Article 1 / Part 14 / Section 43-1-1402
43-1-1402. Definitions
Status: in_force

43-1-1402. Definitions. As used in this part 14:

(1) "Adjusted score design-build contract process" means a process to award contracts based on the lowest adjusted score of proposals submitted to the department.

(2) "Best value" means the overall maximum value of a proposal to the department after considering all of the evaluation factors described in the specifications for the transportation project or the request for proposals, including but not limited to the time needed for performance of the contract, innovative design approaches, the scope and quality of the work, work management, aesthetics, project control, and the total cost of the transportation project.

(3) "Design-build contract" means the procurement of both the design and the construction of a transportation project in a single contract with a single design-build firm or a combination of such firms that are capable of providing the necessary design and construction services. A design-build contract may also include in the contract the procurement of the financing, operation, or maintenance of the project.

(4) "Design-build firm" means any company, firm, partnership, corporation, association, joint venture, or other entity permitted by law to practice engineering, architecture, or construction contracting in the state of Colorado.

(4.5) "Force majeure" means fire, explosion, action of the elements, strike, interruption of transportation, rationing, shortage of labor, equipment, or materials, court action, illegality, unusually severe weather, act of God, act of war, or any other cause that is beyond the control of the party performing work on a design-build transportation or utility relocation project and that could not have been prevented by the party while exercising reasonable diligence.

(4.7) "Project specific utility relocation agreement" means an agreement entered into by the department and a utility company for the purpose of performing utility relocation work necessitated by a design-build transportation project. The agreement may incorporate reasonable and appropriate conditions, including, but not limited to, conditions for ensuring:

(a) The prompt performance of utility relocation work by either the utility company or the contractor for the design-build transportation project, as specified in the agreement;

(b) The cooperation of the utility company with the contractor for the design-build transportation project;

(c) The timely repayment of any funds advanced to the utility company for the relocation construction, including interest based on the costs incurred by the department for advancing the funds; and

(d) The payment by the utility company of any damages caused by the company's delay in the performance of the relocation work or interference with the performance of the project by any other contractor, except when such delay or interference is caused by a force majeure.

(5) "Transportation project" means any project that the department is authorized by law to undertake including but not limited to a highway, tollway, bridge, mass transit, intelligent transportation system, traffic management, traveler information services, or any other project for transportation purposes.

(6) "Utility company" or "utility" shall have the same meaning as set forth in 23 CFR 645.105.
C.R.S. § 43-1-408 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-408
43-1-408. Application for permit - contents - rules
Status: repealed

43-1-408. Application for permit - contents - rules. (1) Application for a permit for each advertising device must be made on a form provided by the department, signed by the applicant or the applicant's duly authorized officer or agent, and include:

(a) The name and address of the owner of the advertising device;

(b) The type, location, and dimensions of the advertising device, and such other pertinent information as may be prescribed;

(c) The name and address of the lessor of property upon which the device has been or will be located and a copy of the lease agreement or letter of consent;

(d) Repealed.

(e) An agreement by the applicant to erect and maintain the advertising device in a safe, sound, and good condition; and

(f) (I) For all devices erected on or after July 1, 1981, certification from the local zoning administrator or authority that the advertising device conforms to local zoning requirements or a copy of a local government permit for the device;

(II) For devices erected prior to July 1, 1981, an affidavit from the sign owner that the advertising device was lawfully erected under local law.

(2) Upon the department's receipt of a complete application for a permit which satisfies each of the requirements in subsection (1) of this section and otherwise meets the department's conditions, the department has thirty days to issue, by first-class mail to the address provided by the applicant, either a permit or a preliminary decision denying the application for permit.

(3) The applicant may appeal any preliminary decision denying the application for a permit by requesting a hearing in writing within thirty days of the department mailing the notice of the denial of the application for a permit to the applicant. If the applicant timely appeals, the matter must proceed in accordance with the "State Administrative Procedure Act", article 4 of title 24, though the department may, by rule, create procedures for expedited review of denials and issuance of final agency decisions if the applicant consents to the expedited review.
C.R.S. § 43-4-607.5 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-607.5
43-4-607.5. Streetscape enhancements - local and private authority
Status: in_force

43-4-607.5. Streetscape enhancements - local and private authority. A local government whose jurisdiction includes territory within an authority may create, permit, or contract streetscape enhancements within that territory.
C.R.S. § 43-2-122 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-122
43-2-122. State inspection of county projects
Status: in_force

43-2-122. State inspection of county projects. Whenever any county or group of counties undertakes the construction of any highway project which involves the expenditure of highway users tax 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 considers necessary for the purpose of determining that such project is being built to the prescribed standard.
C.R.S. § 43-4-204 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-204
43-4-204. Appropriation
Status: in_force

43-4-204. Appropriation. All moneys in the highway users tax fund are appropriated for the acquisition of rights-of-way for, and the construction, engineering, safety, reconstruction, improvement, repair, maintenance, and administration of, the state highway system, the county highway systems, the city street systems, and other public roads and highways of the state in accordance with the provisions of this part 2.
C.R.S. § 43-4-714 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-714
43-4-714. Use of note proceeds - repeal
Status: repealed

43-4-714. Use of note proceeds - repeal. (Repealed)
C.R.S. § 43-2-304 — CO Code / Title 43 / Article 2 / Part 3 / Section 43-2-304
43-2-304. Limitation of actions
Status: in_force

43-2-304. Limitation of actions. Any limitation established by this part 3 shall apply to causes of action which have accrued prior to May 5, 1949, as well as to all causes of action accruing thereafter. The right to institute an action shall not be barred by reason of the limitations prescribed in said part 3 until the expiration of six months from May 5, 1949. This part 3 shall not be construed as reviving any action or limitation barred by any former or other statute.
C.R.S. § 43-1-215 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-215
43-1-215. Agreements enforceable
Status: in_force

43-1-215. Agreements enforceable. Purchase or leasehold agreements entered into by the department of transportation pursuant to this part 2 shall be enforceable in any court of competent jurisdiction.
C.R.S. § 43-1-1208 — CO Code / Title 43 / Article 1 / Part 12 / Section 43-1-1208
43-1-1208. Repeal of part
Status: repealed

43-1-1208. Repeal of part. (Repealed)
C.R.S. § 43-1-1102 — CO Code / Title 43 / Article 1 / Part 11 / Section 43-1-1102
43-1-1102. Definitions
Status: in_force

43-1-1102. Definitions. For the purposes of this part 11, unless the context otherwise requires:

(1) "Committee" means the transportation advisory committee created by section 43-1-1104.

(2) "County hearing process" means the process of review of highway projects in counties performed by the department.

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

(3.5) "Metropolitan area" means the area determined by agreement between a metropolitan planning organization and the governor pursuant to 23 U.S.C. sec. 134.

(4) "Metropolitan planning organization" means a metropolitan planning organization under the "Federal Transit Act", codified at 49 U.S.C. sec. 5301 et seq.

(5) "Regional planning commission" means a regional planning commission formed under the provisions of section 30-28-105, C.R.S.

(6) "Regional transportation plan" means a technically based, long-range, future mobility needs assessment for any planning and management region.

(7) "State plan" means the comprehensive statewide transportation plan formed by the commission pursuant to the provisions of section 43-1-1103 (5).

(7.5) "Transportation planning organization" means a metropolitan planning organization or a rural transportation planning organization responsible for transportation planning for a transportation planning region.

(8) (a) "Transportation planning region" means a region of the state as defined by the rule or regulation process required by section 43-1-1103 (5). The maximum number of such regions shall be fifteen unless such number is increased pursuant to paragraph (b) of this subsection (8).

(b) Each metropolitan planning organization's metropolitan area shall, at a minimum, comprise a transportation planning region. If any new metropolitan planning organization is designated on or after January 1, 1998, the maximum allowable number of transportation planning regions under paragraph (a) of this subsection (8) shall be increased by one region for each such new metropolitan planning organization.
C.R.S. § 43-1-1601 — CO Code / Title 43 / Article 1 / Part 16 / Section 43-1-1601
43-1-1601. Safe routes to school program
Status: repealed

43-1-1601. Safe routes to school program. (1) The commission shall establish and the department shall administer a safe routes to school program to distribute federal moneys received by the state or state moneys to political subdivisions of the state for projects to improve safety for pedestrians and bicyclists in school areas.

(2) Projects funded by grants under the safe routes to school program may include:

(a) Construction of paved shoulders to be used as bike routes;

(b) Construction of multiple-use bicycle and pedestrian trails and pathways;

(c) Construction, replacement, and improvement of sidewalks;

(d) Installation and improvement of pedestrian and bicycle crossings;

(e) Construction and improvement of on-street bicycle facilities, including bike lanes;

(f) Installation of safety signs, including, but not limited to, traffic signals;

(g) Educational programs;

(h) Implementation of traffic-calming programs in neighborhoods near schools;

(i) Traffic diversion improvements;

(j) Construction or improvement of bicycle parking facilities; and

(k) Other projects authorized by applicable federal laws or regulations.

(3) Grants shall be awarded under the safe routes to school program based on:

(a) The demonstrated need of the applicant;

(b) The potential of the proposed project to reduce injuries and fatalities among children;

(c) The potential of the proposed project to encourage walking and bicycling among students;

(d) The extent to which the application identifies existing safety hazards;

(e) The extent to which the application identifies existing and potential walking and bicycling routes and the extent to which the proposed project would improve or connect them;

(f) Support for the proposed project from local school-based associations, traffic engineers, elected officials, law enforcement agencies, and school officials;

(g) Repealed.

(g.5) Consideration for implementation of safe routes to schools in communities with schools having greater than fifty percent of the students eligible for free or reduced-priced lunch pursuant to the provisions of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.; and

(h) Other criteria allowed or required by applicable federal laws or regulations.

(3.5) (a) Of the grants awarded using state moneys, at least twenty percent but not more than thirty percent of the moneys must be awarded for grants for noninfrastructure programs.

(b) Repealed.

(4) The executive director shall appoint an advisory committee to make recommendations to the commission, which shall award grants under the safe routes to school program. The committee shall have no more than nine members, who shall receive no compensation for service on the committee. The committee shall include at least one person from a statewide organization representing each of the following groups:

(a) Educators;

(b) Parents;

(c) Bicyclists;

(d) Pedestrians; and

(e) Law enforcement personnel.

(5) Repealed.
C.R.S. § 43-3-408 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-408
43-3-408. Sinking fund and transfer from state highway fund
Status: repealed

43-3-408. Sinking fund and transfer from state highway fund. (Repealed)
C.R.S. § 43-1-206 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-206
43-1-206. Attorney general legal advisor
Status: repealed

43-1-206. Attorney general legal advisor. (Repealed)
C.R.S. § 43-1-404 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-404
43-1-404. Advertising devices allowed - exception - legislative declaration
Status: repealed

43-1-404. Advertising devices allowed - exception - legislative declaration. (1) The following advertising devices as defined in section 43-1-403 may be erected and maintained when in compliance with all provisions of this part 4 and the rules adopted by the department:

(a) to (c) Repealed.

(d) Advertising devices located in areas which were zoned for industrial or commercial uses under authority of state law prior to January 1, 1970;

(e) (I) Advertising devices located along primary and secondary highways in areas which were zoned for industrial or commercial uses under authority of state law on and after January 1, 1970, provided:

(A) The advertising device shall be no larger than one hundred fifty square feet; and

(B) The advertising device must be located within one thousand feet of an industrial or commercial building.

(C) to (E) Repealed.

(II) In enacting the provisions of this paragraph (e), the general assembly declares each and every provision is necessary and not severable in order to further the substantial state interests contained in section 43-1-402. It is not the intent of the general assembly to allow advertising devices in areas zoned for industrial or commercial uses on or after January 1, 1970, unless each and every provision contained in this paragraph (e) is satisfied.

(III) Repealed.

(f) (I) Notwithstanding any other provision of law, with the exception of section 43-1-416, any advertising device, except for a nonconforming advertising device, may contain a message center display with movable parts and a changeable message that is changed by electronic processes or by remote control. The illumination of an advertising device containing a message center display is not the use of a flashing, intermittent, or moving light for the purposes of any rule, regulation, and standard promulgated by the department or any agreement between the department and the secretary of transportation of the United States. No message center display may include any illumination that is in motion or appears to be in motion, that changes in intensity or exposes its message for less than four seconds, or that has an interval between messages of less than one second. No advertising device with a message center display may be placed within one thousand feet of another advertising device with a message center display on the same side of a highway and facing the same direction of travel. No message center display may be placed in violation of section 131 of title 23 of the United States code.

(II) Subparagraph (I) of this paragraph (f) shall not apply if the department receives written notification from the applicable federal authority that the proposed advertising device with a message center display will directly cause the repayment or denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, but only to the extent necessary to prevent the repayment or denial of the moneys or to eliminate the inconsistency with federal law.

(2) Nonconforming advertising devices in compliance with this part 4 and the rules and regulations adopted by the department pursuant to this part 4 may be maintained.

(3) Nothing in this section shall be construed to allow advertising devices which are prohibited in bonus areas adjacent to the interstate system as provided for in section 43-1-406.

(4) Notwithstanding paragraphs (d) and (e) of subsection (1) of this section, any advertising device which is more than six hundred sixty feet off the nearest edge of the right-of-way, located outside urban areas as such areas are defined in 23 U.S.C. sec. 101, and which is visible from the roadway of the state highway system and erected with the purpose of its message being read from such roadway is prohibited. Advertising devices beyond six hundred sixty feet of the right-of-way which were lawfully erected under state law prior to January 4, 1975, shall be compensated for and removed pursuant to this part 4.

(5) (a) Notwithstanding any other provision of law, except for section 43-1-416, as an alternative to removing any advertising device that is otherwise permitted by this part 4 or acquiring all real and personal property rights pertaining to the device, the department may permit the advertising device to be remodeled and relocated on the same property in a commercial or industrial zoned area, or on another area where the device would otherwise be permitted under this article.

(b) Paragraph (a) of this subsection (5) shall not apply if the department receives written notification from the applicable federal authority that the proposed advertising device to be remodeled and relocated will directly cause the repayment or denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, but only to the extent necessary to prevent the repayment or denial of the moneys or to eliminate the inconsistency with federal law.
C.R.S. § 43-3-405 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-405
43-3-405. Interest - terms - public sale
Status: repealed

43-3-405. Interest - terms - public sale. (Repealed)
C.R.S. § 43-2-211 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-211
43-2-211. Cattle guards - specifications
Status: in_force

43-2-211. Cattle guards - specifications. The board of county commissioners of a county has authority to establish cattle guards on highways at the expense of the county or to permit the owners of land adjoining a county highway to establish cattle guards on highways at the expense of the landowners. All such cattle guards shall be established according to fixed specifications and design and under the supervision of the board of county commissioners.
C.R.S. § 43-1-1412 — CO Code / Title 43 / Article 1 / Part 14 / Section 43-1-1412
43-1-1412. Utility relocation delays
Status: in_force

43-1-1412. Utility relocation delays. (1) When a utility company delegates the responsibility for the performance of any utility relocation work necessitated by a design-build transportation project to the department's contractor for the project pursuant to a project specific utility relocation agreement, the utility company shall not be responsible to the department for any damages caused by the delay in the performance of the relocation work or the interference by the department's contractor in the performance of any part of the project by another contractor.

(2) (a) When a utility company chooses to perform any utility relocation work necessitated by a design-build transportation project, the utility company shall complete the relocation work within the time specified in the project specific utility relocation agreement or in the performance schedule for the project as set forth in the written notice provided to the company by the department in accordance with section 43-1-1411 (4). The company shall not interfere with the performance of the design-build transportation project by any other contractor.

(b) Notwithstanding the provisions of section 43-1-1411 (3)(b), a utility company shall not be liable for damages caused by the failure to timely perform the relocation work or the interference with the performance of the design-build transportation project by any other contractor when the failure to perform or the interference is caused by a force majeure.
C.R.S. § 43-2-101.5 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-101.5
43-2-101.5. Devolution of commuter highways to counties and municipalities - required study
Status: in_force

43-2-101.5. Devolution of commuter highways to counties and municipalities - required study - definitions. (1) The transportation commission, using existing or easily obtainable data, shall conduct or direct the department of transportation to conduct a study of the state highway system for the purpose of determining which highways or portions of highways that are part of the state highway system are commuter highways. The commission shall report the results of the study to the transportation and energy committee of the house of representatives and the transportation committee of the senate, or any successor committees, no later than February 1, 2011. The commission may include in the report recommendations as to whether all or some of the identified commuter highways should be removed from the state highway system and thereafter maintained and supervised by counties and municipalities. If the commission recommends the removal of any commuter highways from the state highway system, it shall first have consulted with the affected metropolitan planning organizations in the conduct of the study, received the input of one local government elected official appointed by each of the five metropolitan planning organizations in the state for the purpose of providing such input, and presented the recommendations to the boards of the affected metropolitan planning organizations for review and comment and shall also make recommendations regarding modification of the formulas used to allocate moneys in the highway users tax fund between the state, counties, and municipalities set forth in part 2 of article 4 of this title to provide the level of funding necessary to avoid any unfunded mandates created by changes in the allocation of highway maintenance and supervision responsibilities between the state, counties, and municipalities that would result from the removal. A report made pursuant to this section that includes recommendations as to whether commuter highways should be removed from the state highway system shall include a statement regarding the extent to which the elected officials appointed by the metropolitan planning organizations in the state agree with the commission's recommendations.

(2) For purposes of this section:

(a) "Commuter highway" means a highway or a portion of a highway that:

(I) Is part of the state highway system;

(II) Is located within the territory of a metropolitan planning organization;

(III) Is not an interstate highway; and

(IV) Is determined in the conduct of the study required by subsection (1) of this section to be used at least eighty percent of the time, estimated as a percentage of total trips on the highway or portion of a highway, for travel within the territory of the metropolitan planning organization.

(b) "Metropolitan planning organization" means a metropolitan planning organization under the "Federal Transit Act of 1998", 49 U.S.C. sec. 5301 et seq., as amended.
C.R.S. § 43-10-119 — CO Code / Title 43 / Article 10 / Section 43-10-119
43-10-119. Large hub airport accessibility - duties - definition
Status: in_force

43-10-119. Large hub airport accessibility - duties - definition. (1) Each large hub airport in Colorado has the following duties related to accessibility and safety:

(a) On or before July 1, 2024, establish an advisory committee for the cross-disabled community. The advisory committee must have representation from persons with various disabilities and shall provide input during airport renovations to ensure basic access and equity in air travel. The advisory committee shall make regular assessments to identify areas for improvement and acknowledge successes.

(b) On and after July 1, 2024, consult with the disabled community and confer with the advisory committee during the construction of walkways and other facilities at the airport;

(c) On or before July 1, 2024, incorporate wayfinding technology to assist individuals who are blind or visually impaired to navigate the airport independently with or without auxiliary services;

(d) On or before January 1, 2026, create, maintain, and update, as necessary, an electronic dashboard to report and track basic access shortcomings and violations throughout the travel process. The dashboard must include a public inquiry form that allows an individual to directly report an accessibility experience at the airport.

(e) On or before December 31, 2026, develop and provide ongoing, comprehensive training programs for airport staff on disability cultural competency, including the presence of, use of, and best practices related to mobility devices, medical equipment, adaptive sports equipment, wayfinding throughout the airport, and access to the airport's accessibility features and amenities;

(f) On or before June 30, 2030, install and maintain restrooms for individuals with disabilities that include companion care changing tables, including at least one accessible public restroom in every terminal; and

(g) On or before December 31, 2030, use elevators to transport power wheelchairs from the tarmac to the jetway and give priority usage of an elevator to power wheelchairs and other mobility devices that require the use of an elevator for transportation to and from the tarmac.

(2) Each airport shall monitor compliance with the duties set forth in subsection (1) of this section. The airport shall maintain and update its facilities and functions, as applicable, to ensure ongoing compliance with the duties set forth in subsection (1) of this section.

(3) As used in this section, unless the context otherwise requires, "airport" means a large hub airport as defined in 49 U.S.C. sec. 47102 (11).
C.R.S. § 43-3-211 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-211
43-3-211. Rights of bondholders
Status: in_force

43-3-211. Rights of bondholders. Any holder of bonds issued under the provisions of this part 2 or any of the coupons attached to said bonds and the trustee under the trust indenture, if any, except to the extent the rights given in this section may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, either at law or in equity by suit, action, mandamus, or other proceedings, may protect and enforce any and all rights granted under this section or under such resolution or trust indenture and may enforce and compel performance of any duties required by this part 2 or by such resolution or trust indenture to be performed by the department of transportation or any officer thereof, including the fixing, charging, and collecting of fees, fares, and tolls for the use of the turnpike project.
C.R.S. § 43-4-706 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-706
43-4-706. Financial obligations subject to annual budget allocation
Status: in_force

43-4-706. Financial obligations subject to annual budget allocation. (1) Any revenue anticipation notes issued in accordance with this part 7 shall constitute a contract between the department and the owner or holder thereof. In no event shall any decision by the commission not to allocate revenue anticipation note proceeds not otherwise pledged, state matching funds, or federal transportation funds in any given fiscal year for the payment of such notes or any costs associated with the issuance and administration of such notes be construed to constitute an action impairing such contract.

(2) (a) Every contract entered into by the executive director pursuant to the provisions of this part 7 shall provide that all financial obligations of the state under such contracts are subject to allocation on an annual basis by the commission, in its sole discretion, in accordance with section 43-1-113 and that such contracts shall not be deemed or construed as creating an indebtedness of the state within the meaning of the state constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado.

(b) In addition, revenue anticipation notes issued by the executive director pursuant to the provisions of this part 7 and every contract relating to the issuance of such notes shall provide that all financial obligations of the state in regard to the portion of the principal of and interest on such notes and the costs associated with the issuance and administration of such notes that may be paid from federal transportation funds pursuant to federal law and any agreement between the United States department of transportation and the department or the political subdivision that is or is to be the initial recipient of such federal transportation funds are subject to continuing federal appropriations of federal transportation funds at a level equal to or greater than the amount needed to pay the federal share of principal, interest, and costs on the revenue anticipation notes.

(3) The executive director may pay all fees, expenses, and commissions that the executive director deems necessary or advantageous in connection with the sale of notes.

(4) Neither the members of the commission, the executive director, nor any person executing revenue anticipation notes in accordance with the provisions of this part 7 shall be liable personally on the notes or be subject to any personal liability or accountability by reason of the issuance thereof.
C.R.S. § 43-5-507 — CO Code / Title 43 / Article 5 / Part 5 / Section 43-5-507
43-5-507. Repeal of part
Status: repealed

43-5-507. Repeal of part. This part 5 is repealed, effective September 1, 2025. Before the repeal, this part 5 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 43-4-403 — CO Code / Title 43 / Article 4 / Part 4 / Section 43-4-403
43-4-403. Alcohol and drug impaired driving prevention enforcement program - minimum requi
Status: in_force

43-4-403. Alcohol and drug impaired driving prevention enforcement program - minimum requirements. Any municipality, city and county, or county which establishes a qualified program to coordinate efforts to prevent alcohol and drug impaired driving and enforce the laws pertaining to alcohol- and drug-related traffic offenses shall be eligible to receive money from the fund. The minimum requirements for such a qualified program shall be established by rules and regulations promulgated by the office of transportation safety in the department of transportation, which rules and regulations shall provide for programs, including but not limited to, programs to educate the public regarding alcohol- and drug-related traffic offenses.
C.R.S. § 43-1-104 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-104
43-1-104. Department divisions, sections, and units
Status: repealed

43-1-104. Department divisions, sections, and units. (1) The department consists of the following divisions:

(a) The highway maintenance division, created in section 43-1-114;

(b) The engineering, design, and construction division, created in section 43-1-116;

(c) The transportation development division, created in section 43-1-117;

(d) The aeronautics division, created in article 10 of this title; and

(e) The transit and rail division created in section 43-1-117.5.

(2) (a) In addition to the divisions created by subsection (1) of this section, the commission shall create such divisions, sections, and units as are necessary to implement the provisions of this part 1.

(b) (I) The commission shall create divisions, sections, or units as are necessary to address the following modes of transportation:

(A) Mass transit operations of public mass transit operators;

(B) Special transportation districts including, but not limited to, public highway authorities created pursuant to the provisions of part 5 of article 4 of this title, and tunnel districts created pursuant to the provisions of article 1 of title 32, C.R.S.;

(C) Railroads;

(D) Bicycles and pedestrians.

(II) The duties of the department with regard to the modes of transportation under this paragraph (b) shall be to:

(A) Gather information concerning the operations, planning, and funding requirements of the present and future transportation systems to assist the department in planning; and

(B) Provide data and technical assistance to transportation operators to assist their operations and to help improve transportation in Colorado.

(III) The department shall not assume operating responsibilities of existing transportation entities unless authorized by intergovernmental agreement.

(c) The commission shall create such divisions, sections, and units of the department as are necessary to provide the following services for the department:

(I) Administrative and human services; and

(II) Financial and budget management.

(d) Repealed.
C.R.S. § 43-1-222 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-222
43-1-222. Cash available for small payments
Status: in_force

43-1-222. Cash available for small payments. In order that the chief engineer may make immediate cash payment to laborers and in other instances where, in his or her judgment, it is advantageous or necessary for the conducting of the work supervised by the chief engineer to make such payments, the state treasurer shall deposit in a bank in the city and county of Denver, Colorado, from the state highway fund, the sum of twenty-five thousand dollars, which must be made payable upon order of the chief engineer in the form of a voucher check, the voucher to show to whom and for what payment is made. A duplicate of all such vouchers shall be retained in the office of the chief engineer. An amount equal to the checks returned and found in proper form shall thereupon be deposited by the state treasurer to the credit of such special fund from the state highway fund. Voucher checks drawn upon the special fund shall not be used to pay salaries of officers or regular employees of the department.
C.R.S. § 43-4-1501 — CO Code / Title 43 / Article 4 / Part 15 / Section 43-4-1501
43-4-1501. Legislative declaration
Status: in_force

43-4-1501. Legislative declaration. (1) (a) (I) The general assembly finds and declares that:

(A) Certain communities in the state serve as the distribution points for almost all of the fuel transported in the state;

(B) Licensed fuel distributors rely on the hazardous mitigation corridor infrastructure in these communities to support the economic functions of the state; and

(C) Increasing requirements on fuel composition and blends will cause the infrastructure in these communities to be relied upon even more.

(II) Therefore, the general assembly finds that it is appropriate to establish the fuels impact reduction grant program to provide grants to those communities for the improvement of their hazardous mitigation corridor infrastructure and for projects related to the transportation of fuel within the state.

(b) Therefore, the general assembly finds that it is reasonable to establish the fuels impact enterprise to assist in the administration of the programs described in this subsection (1) and to collect the fees necessary to implement these programs.

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

(a) The fuels impact enterprise provides impact reduction services when, in exchange for the payment of the fuels impact reduction fee by licensed fuel excise tax distributors and licensed fuel distributors, it acts as authorized by this section to provide assistance in improving hazardous mitigation corridors and projects related to the transportation of fuel within the state;

(b) By providing impact reduction services as authorized by this section, the fuels impact enterprise provides a benefit to fee payers by improving the transportation of fuel in the state and monitoring vehicle emissions 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;

(c) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, and, therefore, it is the conclusion of the general assembly that the revenue collected by the fuels impact enterprise is generated by fees, not taxes, because the fuels impact reduction fee imposed by the enterprise is:

(I) Imposed for the specific purpose of allowing the enterprise to defray the costs of providing the services specified in this section; and

(II) Collected at rates that are reasonably calculated based on the costs of the services provided by the enterprise; and

(d) 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 fuels impact reduction fee 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)(G).
C.R.S. § 43-1-1104 — CO Code / Title 43 / Article 1 / Part 11 / Section 43-1-1104
43-1-1104. Transportation advisory committee
Status: in_force

43-1-1104. Transportation advisory committee. (1) (a) A transportation advisory committee is hereby created. The committee is composed of one representative from each transportation planning region, one representative of the Southern Ute tribe chosen by the Southern Ute Indian tribal council, and one representative of the Ute Mountain Ute tribe chosen by the Ute Mountain Ute tribal council. If a regional planning commission has been formed in a transportation planning region, the chairman of such commission or the chairman's designee shall be the representative for the region on the committee. If any transportation planning region has not formed a regional planning commission, then the representative shall be chosen by the boards of county commissioners of the counties contained in such region in consultation with officials of the municipalities contained in such region.

(b) No later than three months after May 20, 2009, the executive director, in consultation with the commission, shall appoint a special interim transit and rail advisory committee to specifically advise the commission and the executive director regarding the initial focus of the transit and rail division created in section 43-1-117.5 and to recommend a long-term advisory structure, including the advisory structure's purpose and role, in support of the transit and rail-related functions of the department. The special interim transit and rail advisory committee shall include such representatives of industries and other groups interested in transit and rail issues and such other individuals as the executive director, in consultation with the commission, deems appropriate; except that the committee shall include, at a minimum, one or more:

(I) Representatives of transit operators;

(II) Representatives of class I railroads;

(III) Representatives of short line railroads; and

(IV) Representatives of entities or interest groups involved in the promotion, planning, or development of passenger rail systems.

(2) The committee shall provide advice to both the department and the commission on the needs of the transportation systems in Colorado, including but not limited to budgets, transportation improvement programs, the statewide transportation improvement program, transportation plans, and state transportation policies, and shall review and provide comment to both the department and the commission on all regional transportation plans submitted for the transportation planning regions. The activities of the committee shall not be construed to constrain or replace the county hearing process.
C.R.S. § 43-1-107 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-107
43-1-107. Duties of deputy director
Status: in_force

43-1-107. Duties of deputy director. At the request of the executive director or in his or her absence or disability, the deputy director of the department shall perform all of the duties of the executive director, and, when so acting, the deputy director shall have all the powers of and be subject to all of the restrictions imposed upon the executive director. In addition, the deputy director shall perform such other duties as may from time to time be assigned to him or her by the executive director.
C.R.S. § 43-4-513 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-513
43-4-513. Notice - opportunity for comment
Status: in_force

43-4-513. Notice - opportunity for comment. (1) The board of any authority created pursuant to this part 5, at least forty-five days prior to any meeting at which the board shall consider or take action on a proposal to establish, increase, or decrease any fee authorized by this part 5, shall deliver written notice of the meeting and proposal to any municipality where the proposed fee would be imposed. Prior to the taking of any action on such proposal by the board of any authority, municipalities entitled to receive notice pursuant to this section shall be afforded a reasonable opportunity for comment, either at a regular meeting of the board of the authority or at a special meeting convened to receive such comment.

(2) The board of any authority created pursuant to this part 5, at least seven business days prior to any regularly scheduled meeting, shall make available to the public written or electronic notice of the time and agenda of such meeting. The board shall designate during each meeting a public comment period that shall be at least one hour in duration and shall offer the public an opportunity to comment during such period. Such period may be abridged when the public is finished offering comments.
C.R.S. § 43-3-219 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-219
43-3-219. Interest earnings
Status: in_force

43-3-219. Interest earnings. All interest derived from the investment of the proceeds of the bonds issued pursuant to this part 2 shall, at the discretion of the department of transportation, be applied to the purposes for which the bonds are issued or shall be credited to the funds created by this part 2. The interest derived from the investment of the funds created by this part 2 shall remain in such funds.
C.R.S. § 43-1-207.5 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-207.5
43-1-207.5. Colorado scenic byway program - criteria for designation - notice and hearing
Status: repealed

43-1-207.5. Colorado scenic byway program - criteria for designation - notice and hearing. (Repealed)
C.R.S. § 43-3-201 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-201
43-3-201. Legislative declaration
Status: in_force

43-3-201. Legislative declaration. The development and improvement of the public highways and roads within the state of Colorado being essential to the well-being and prosperity of the state and the inhabitants thereof, it is declared to be the policy and purpose of the general assembly to provide for such development and improvement by conferring additional powers on the department of transportation as a body corporate under the laws of the state of Colorado.
C.R.S. § 43-4-312 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-312
43-4-312. Full authority
Status: repealed

43-4-312. Full authority. (Repealed)
C.R.S. § 43-1-803 — CO Code / Title 43 / Article 1 / Part 8 / Section 43-1-803
43-1-803. Authority of executive director - acceptance and conveyance of donated railroad
Status: in_force

43-1-803. Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition. (1) The executive director of the department of transportation, or his or her designee, is authorized to:

(a) Accept the donation of an abandoned railroad right-of-way from a railroad company to the state;

(b) Determine if the abandoned railroad rights-of-way to be donated by railroad companies should be accepted and the method of the conveyance;

(c) Allow the use of the railroad right-of-way for any public purpose; except that, if such use is incompatible with the operation of a freight or passenger rail service as determined by the director, the use incompatible with rail service shall cease when rail service commences.

(2) The executive director may, as soon as is practicable, sell, trade, or otherwise convey railroad rights-of-ways obtained pursuant to subsection (1) of this section to an individual, firm, corporation, partnership, association, or other legal entity that has been found by the executive director to be qualified to operate a freight or passenger rail service.

(3) Upon the sale of the railroad right-of-way to an individual, firm, corporation, partnership, association, or other legal entity that has been found by the executive director to be capable of operating a freight or passenger rail service, the executive director shall deposit the proceeds of the sale in the state rail bank fund created in section 43-1-1309.

(4) For purposes of this section, "abandoned railroad right-of-way" means any real property or interest in real property that is or has been owned and operated by a railroad company for rail service upon which the surface transportation board or other responsible federal agency has permitted discontinuance of service and disposal of the real property or interest in the real property. "Abandoned railroad right-of-way" includes any fixtures to the real property, including railroad tracks, that are used or useable in rail service.
C.R.S. § 43-3-105 — CO Code / Title 43 / Article 3 / Part 1 / Section 43-3-105
43-3-105. When local service roads laid out
Status: in_force

43-3-105. When local service roads laid out. Whenever a freeway is designated under the provisions of this part 1, the chief engineer is authorized to lay out and construct local service roads or designate as local service roads any existing street or public way if the same is within reasonable distance of such freeway wherever, in his opinion, there is a particular danger to the traveling public of collisions due to vehicles entering the freeway from the sides thereof and may divide and separate any such service road from the freeway by raised curbs or dividing sections, or other appropriate devices. If such local service road is a highway or street already in existence, he may designate the same by appropriate signs, markers, or other devices.
C.R.S. § 43-2-219 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-219
43-2-219. County authority to privatize county highways and bridges - charge a toll
Status: in_force

43-2-219. County authority to privatize county highways and bridges - charge a toll. Notwithstanding any provision of law to the contrary, the board of county commissioners of a county may enter public-private initiatives, as defined in section 43-1-1201 (3), for county highways and bridges on behalf of the county. In addition, the board of county commissioners of a county may enter into contracts or other agreements on behalf of the county to privatize any county highway or bridge or charge a toll therefor. The board may also charge a toll for any county highway or bridge for the purpose of constructing, operating, or maintaining such bridge or highway.
C.R.S. § 43-5-204 — CO Code / Title 43 / Article 5 / Part 2 / Section 43-5-204
43-5-204. Record open for inspection by officers
Status: in_force

43-5-204. Record open for inspection by officers. The books and records of every auto camp and hotel shall be open for inspection to members of the Colorado state patrol and all peace officers of the state.
C.R.S. § 43-10-117 — CO Code / Title 43 / Article 10 / Section 43-10-117
43-10-117. Towers - marking - definitions - penalty
Status: in_force

43-10-117. Towers - marking - definitions - penalty. (1) As used in this section, unless the context otherwise requires:

(a) "Height" means the distance from the original grade at the base of a tower to the highest point of the tower.

(b) "Tower" means a structure that is either self-standing or supported by guy wires and ground anchors, is smaller than six feet in diameter at the base, and has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted. "Tower" does not include a structure that is located adjacent to a building, house, barn, or electric utility substation or in the curtilage of a farmstead.

(2) Where the appearance of a tower is not otherwise governed by state or federal law, rule, or regulation, any tower over fifty feet in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural purposes must be marked and painted or otherwise constructed to be visible in clear air during daylight hours from a distance of not less than two thousand feet. Towers must also comply with the following additional requirements:

(a) A tower must be painted in equal alternating bands of aviation orange and white, beginning with orange at the top of the tower;

(b) One marker ball must be attached to the top third of each outside guy wire; and

(c) Guy wires must have a seven-foot-long safety sleeve at each anchor point that extends from the anchor point along each guy wire attached to the anchor point.

(3) Any tower that was erected prior to August 6, 2014, must be marked as required by the provisions of this section within one year of August 6, 2014. Any tower that is erected on or after August 6, 2014, must be marked as required by this section at the time it is erected.

(4) (a) This section does not apply to:

(I) Towers or poles that support electric utility transmission lines or distribution lines;

(II) Facilities licensed by the federal communications commission or any structure with the primary purpose of supporting telecommunications equipment, including microwave relay facilities and towers erected for the purpose of providing commercial mobile radio service or commercial mobile data service as defined in 47 CFR 20.3;

(III) Towers within a ski area boundary;

(IV) Wind-powered electrical generators with a rotor blade radius greater than six feet; or

(V) Street lights erected or maintained by the department of transportation.

(b) Notwithstanding paragraph (a) of this subsection (4), this section applies to towers or poles with a primary purpose of providing private mobile radio services other than commercial mobile data service as defined in 47 CFR 20.3.

(5) Any person who violates a provision of this section and a collision with the tower at issue results in the injury or death of another person is guilty of a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501. Any person who violates a provision of this section and the violation does not result in the injury or death of another person commits a civil infraction.
C.R.S. § 43-4-607 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-607
43-4-607. Traffic laws - toll collection
Status: in_force

43-4-607. Traffic laws - toll collection. (1) The traffic laws of this state and of any municipality, in which a regional transportation system is constructed, operated, or maintained by an authority, and the authority's rules regarding toll collection and enforcement shall pertain to and govern the use of any regional transportation system on which vehicles subject to the traffic laws or rules are operated. State and local law enforcement authorities are authorized to enter into traffic and toll enforcement agreements with authorities. Any funds received by a state law enforcement authority pursuant to the toll enforcement agreement are subject to annual appropriation by the general assembly to the law enforcement authority for the purpose of performing its duties pursuant to the agreement.

(2) Any person who fails to pay a required fee, toll, rate, or charge for the privilege of traveling on or using any property included in a regional transportation system pursuant to this part 6 is subject to the penalty specified in sections 42-4-613 and 42-4-1701 (4)(a)(I)(G), C.R.S.
C.R.S. § 43-4-610 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-610
43-4-610. Cooperative powers
Status: in_force

43-4-610. Cooperative powers. (1) The authority has the power to cooperate with any person:

(a) To accept contributions, loans, advances, or liens securing obligations to or of the authority from any person with respect to the financing, construction, operation, or maintenance of a regional transportation system 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 regional transportation system;

(c) To enter into joint operating contracts concerning a regional transportation system;

(d) To acquire easements or rights-of-way for a regional transportation system;

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

(f) To designate a regional transportation system 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 the applicable highway system consents to the designation.
C.R.S. § 43-10-106 — CO Code / Title 43 / Article 10 / Section 43-10-106
43-10-106. Powers of the board
Status: in_force

43-10-106. Powers of the board. (1) (a) The board has power to: Acquire by gift, transfer, devise, or eminent domain such land which, in the opinion of the board, poses or may pose a potential hazard to navigable airspace. In determining whether land or any structure thereon poses a hazard to navigable airspace, the board shall use as a guide any applicable federal rules and regulations relating to identification of navigable airspace hazards.

(b) Any acquisition of land by the board pursuant to the provisions of paragraph (a) of this subsection (1) shall be on behalf of the airport affected by such hazard. Upon acquisition of the land, the board shall transfer title to such land to the governmental entity operating such airport.

(2) The division, at the request of the board, shall consult with local governments so that decisions relating to local land use planning may be made in a manner which does not interfere with the state aviation systems plan, a regional system plan, or the provisions of article 65.1 of title 24, C.R.S., relating to areas and activities of state interest.
C.R.S. § 43-1-1205 — CO Code / Title 43 / Article 1 / Part 12 / Section 43-1-1205
43-1-1205. Revenue - disposition - use
Status: in_force

43-1-1205. Revenue - disposition - use. The department shall deposit any private contribution of money and any department share of revenue or income resulting from a transportation system project, if any, in the state highway supplementary fund created in section 43-1-219. The department shall use the contributed moneys for transportation purposes.
C.R.S. § 43-2-201.1 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-201.1
43-2-201.1. Closure of public highways extending to public lands - penalty
Status: in_force

43-2-201.1. Closure of public highways extending to public lands - penalty. (1) Any person, other than a governing body of a municipality or county acting pursuant to part 3 of this article 2, who intentionally blocks, obstructs, or closes any public highway, as described in section 43-2-201, that extends to any public land, including public land belonging to the federal government, thereby closing public access to public lands, without good cause therefor, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(2) The provisions of this section shall not apply to temporary and reasonable obstruction of the public highways described in subsection (1) of this section by a railroad train at a railroad crossing.

(3) Any peace officer of this state, as described in section 16-2.5-101, C.R.S., has the authority to enforce the provisions of this section.

(4) (a) Notwithstanding the provisions of subsection (1) of this section, any owner of private land who complies with the provisions of this subsection (4) may post notice of intent to close a road crossing such land if such road has been abandoned. Said owner shall promptly notify the board of county commissioners of the county in which such road is located of such proposed closure. The board of county commissioners so notified shall publish notice of such proposed closure in a newspaper of general circulation in such county within sixty days after receipt of notice from said owner and shall post notice of such proposed closure at each end of the road described in the notice. If the board of county commissioners receives no objection to such proposed closure within eighteen months after such publication, the road described in such notice shall be closed to public access.

(b) If the board of county commissioners receives objection to such proposed closure, it shall schedule a public hearing concerning the proposed closure and shall publish notice of said hearing in a newspaper of general circulation in such county at least ten days prior to said hearing. At said hearing, the board shall hear objections to the proposed closure and shall decide, within thirty days of the hearing, whether the road described in the notice shall be closed to public access.
C.R.S. § 43-1-226 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-226
43-1-226. Legislative declaration
Status: in_force

43-1-226. Legislative declaration. It is declared to be the purpose of the general assembly in the passage of section 43-1-225 that the state of Colorado may more fully avail itself of the benefits of funds apportioned for expenditure on federal-aid primary or secondary systems and on the interstate system, including extensions thereof within urban areas, in conformance with the "Federal-Aid Road Act", approved July 11, 1916, and all acts of the congress amendatory thereof and supplementary thereto.
C.R.S. § 43-2-401 — CO Code / Title 43 / Article 2 / Part 4 / Section 43-2-401
43-2-401. Definitions
Status: in_force

43-2-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Applicant" means a homeowner or renter residing in an eligible area, or the operator of a temporary housing facility or public housing facility located in an eligible area, who submits an application to the transportation commission in accordance with this part 4.

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

(3) "Eligible area" means a residential area that:

(a) Is located adjacent to a state highway;

(b) Existed as a residential area before the state highway was constructed or widened; and

(c) Is located within the boundaries of a local government that, as of the date of the application, has adopted an ordinance or resolution to mitigate the effects of noise in future residential or other noise-sensitive development adjacent to the state highways within the boundaries of the local government.

(4) "Local government" means a city, town, county, or city and county.

(5) "Noise mitigation measures" means noise mitigation measures approved by the transportation commission pursuant to section 43-2-404.
C.R.S. § 43-4-209 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-209
43-4-209. Withholding municipal allocations
Status: in_force

43-4-209. Withholding municipal allocations. Any highway users tax fund money withheld by the state treasurer from allocation to any city or incorporated town, for any reason, shall in no case be withheld for a period to exceed six months from the date that the payment is to be made. After the six-month period has expired and the municipality has failed to correct the reason for withholding, the state treasurer shall pay the withheld funds to the county in which the city or incorporated town from which the funds are withheld is located, which funds shall be spent on the streets of said city or incorporated town.
C.R.S. § 43-4-614 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-614
43-4-614. Notice - coordination of information
Status: in_force

43-4-614. Notice - coordination of information. (1) (a) At least forty-five days prior to the creation of any authority pursuant to this part 6, a notice containing the proposed boundaries of the authority and the methods proposed for financing regional transportation systems in the authority shall be sent to the division and to the department of revenue.

(b) At least forty-five days prior to the imposition of or any increase in any fee or tax or prior to the issuance of any bonds authorized in this part 6, a notice specifying the amount of the fee or tax and its proposed duration or the value and number of bonds to be issued shall be sent to the division. The notice required by this paragraph (b) is not necessary if the required information has previously been provided in the notice required by paragraph (a) of this subsection (1).

(c) At the time the notice required in paragraph (a) or (b) of this subsection (1) is sent to the division, a copy of the notice shall be filed with the state auditor and the transportation commission.

(2) The division shall forward copies of any such notice to the department of transportation if the division determines that the proposed authority or the tax, fee, or bonds will have an impact on any operations of that department.

(3) (a) The division shall file an annual report with the state auditor and transportation commission concerning the activities of authorities created pursuant to this part 6. The report shall detail how many authorities have been created, describe their boundaries, and specify the regional transportation systems that are being provided and how they are being financed.

(b) The division shall notify the state auditor and the transportation commission either in the report required by paragraph (a) of this subsection (3) or by letter, if it deems that immediate notification is warranted, of any situation relating to the creation of an authority, the imposition of any fee or tax, or the issuance of any bonds by an authority that the division believes or has reason to believe will adversely affect the tax-raising ability or the credit or bond rating of any governmental unit.

(4) The board and staff of the authority shall cooperate with the transportation legislation review committee in carrying out the committee's duties pursuant to section 43-2-145 (1.9).
C.R.S. § 43-3-204 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-204
43-3-204. Bond details
Status: in_force

43-3-204. Bond details. All bonds issued under the provisions of this part 2 shall bear interest at a rate not exceeding a maximum net effective rate authorized by resolution of the transportation commission on the face value of the issue of bonds and shall be in such form and executed in such manner and shall be payable at such times extending not more than thirty years from the date thereof, shall contain the provisions for prior redemption, and shall be payable at such places as the department of transportation determines. The bonds shall be sold at public or private sale on such terms as the department of transportation may determine. In case any of the officers whose signatures or countersignatures appear on the bonds or the coupons attached thereto cease to be officers before delivery of the bonds, the signatures and countersignatures shall nevertheless be valid and sufficient for all purposes with the same force and effect as if they had remained in office until the delivery. The bonds shall contain on their face the designation of the project as determined by the department of transportation and in anticipation of the revenues of which the same are issued. All bonds issued under the provisions of this part 2 shall have and are declared to have all the qualities and incidents of negotiable instruments under the law of the state.
C.R.S. § 43-1-129 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-129
43-1-129. Road usage charge study - report - repeal
Status: repealed

43-1-129. Road usage charge study - report - repeal. (Repealed)
C.R.S. § 43-1-227 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-227
43-1-227. Ten-year plan reporting requirements
Status: in_force

43-1-227. Ten-year plan reporting requirements. (1) The department and the commission shall annually report on the status of the ten-year plan for each mode of transportation described in section 43-1-106 (15)(d)(I) as follows:

(a) (I) During each legislative interim, the department shall present a report on its progress in delivering the projects identified in the ten-year plan to the transportation legislation review committee created in section 43-2-145 (1)(a). As part of the report, the department shall provide guidance to the committee as to how to access and understand the plan, and the committee may, if it determines that the plan does not include all the information required by section 43-1-106 (15)(d)(I), instruct the department to ensure that any missing required information is promptly added to the plan.

(II) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (1) continues indefinitely.

(b) The commission shall include in its annual proposed budget allocation plan presented to the joint budget committee of the general assembly an update on the ten-year plan.
C.R.S. § 43-4-707 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-707
43-4-707. Note proceeds
Status: in_force

43-4-707. Note proceeds. (1) The certificate, trust indenture, or other instrument authorizing the issuance of revenue anticipation notes in accordance with the provisions of this part 7 may pledge all or any portion of the proceeds from the issuance of such notes to the payment of such notes and any costs associated with the issuance and administration of such notes.

(2) Any proceeds from the issuance of revenue anticipation notes in accordance with the provisions of this part 7 that are not pledged for the payment of such notes and any costs associated with the issuance and administration of such notes shall be credited to the state highway supplementary fund and shall be used to finance qualified federal aid transportation projects, to pay such notes, to pay the costs of issuing and administering such revenue anticipation notes, and to pay any other expense or charge incurred in connection with actions of the executive director authorized by the provisions of this part 7.

(3) Any proceeds from the issuance of such notes and any earnings on such proceeds shall not be included in state fiscal year spending, as defined by section 24-77-102 (17)(a), C.R.S., for any given fiscal year for purposes of section 20 of article X of the state constitution and article 77 of title 24, C.R.S.
C.R.S. § 43-1-102 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-102
43-1-102. Definitions
Status: in_force

43-1-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Commission" means the transportation commission created by section 43-1-106.

(2) "Department" means the department of transportation created by this part 1.

(3) "Executive director" means the executive director of the department.

(4) "Mass transit" means a coordinated system of transit modes providing transportation for use by the general public.

(5) "Public mass transit operator" means a state or local governmental entity which provides mass transit services within the state of Colorado.

(6) "Transportation" means transport of persons or property by motor vehicle, bus, truck, railroad, light rail, mass transit, airplane, bicycle, or any other form of transport. "Transportation" includes pedestrian transportation.
C.R.S. § 43-4-1402 — CO Code / Title 43 / Article 4 / Part 14 / Section 43-4-1402
43-4-1402. Colorado wildlife safe passages fund - creation - use of fund - report
Status: in_force

43-4-1402. Colorado wildlife safe passages fund - creation - use of fund - report. (1) The Colorado wildlife safe passages fund is hereby created in the state treasury. The fund consists of money transferred from the general fund to the fund pursuant to subsection (4) of this section, all private and public money received through gifts, grants, or donations that are transmitted to the state treasurer and credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund.

(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(3) (a) Money in the fund is continuously appropriated to the department to fund projects that provide safe road crossings for connectivity of wildlife and reduce wildlife-vehicle collisions and also for the following purposes:

(I) For the full range of wildlife crossing project needs including:

(A) Projects identified on the department's ten-year priority pipeline projects list with wildlife passage components or other wildlife passage opportunities identified by the department, the division, the alliance, any board of county commissioners, or any tribal government; and

(B) Costs related to project feasibility studies, planning, construction, retrofitting, and maintenance of wildlife road crossing infrastructure; roadkill tracking and studies; animal detection systems; signage; exclusionary fencing; and wildlife jump outs and to assist with private land conservation efforts;

(II) To provide matching money as required of the state by federal grant programs relating to wildlife crossing projects; and

(III) For administrative and personnel expenses related to the purposes for the fund set forth in this section.

(b) The department shall:

(I) Consult with the division and the alliance concerning the distribution of money from the fund for the purposes specified in this section and, if the money is distributed to a project on or adjacent to tribal land, also consult with the tribal government;

(II) Prioritize the department's ten-year priority pipeline projects with wildlife components, the 2019 western slope wildlife prioritization study, and any subsequent studies concerning the prioritization of wildlife within the state when reviewing projects to receive money from the fund; and

(III) Consider distributing money from the fund to projects to fill funding gaps for wildlife road crossings and connectivity that are not otherwise budgeted or required for projects under other federal or state obligation.

(4) On September 1, 2022, the state treasurer shall transfer five million dollars from the general fund to the fund for use by the department as set forth in subsection (3) of this section.

(5) The department shall report annually to the governor's office, the department of natural resources, the division, the alliance, and great outdoors Colorado regarding its expenditures from the fund, including, at a minimum:

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

(b) A listing of all projects receiving funding from the fund and the amount of funding for each project during the prior fiscal year.
C.R.S. § 43-10-111 — CO Code / Title 43 / Article 10 / Section 43-10-111
43-10-111. Gasoline tax in lieu of personal property tax
Status: in_force

43-10-111. Gasoline tax in lieu of personal property tax. The gasoline tax imposed pursuant to section 39-27-102 (1)(a)(IV)(A), C.R.S., is imposed in lieu of personal property tax on the aircraft, except as otherwise provided in article 4 of title 39, C.R.S.
C.R.S. § 43-1-1310 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1310
43-1-1310. Effect of transfer of railroad rights-of-way
Status: in_force

43-1-1310. Effect of transfer of railroad rights-of-way. Any transfer of title of the railroad rights-of-way from a railroad company as provided in section 43-1-803 or in this part 13 shall not affect the title, either possessory or reversionary, of an owner of real property along the currently existing railroad right-of-way. Nothing in this part 13 or in section 43-1-803 shall be construed to supersede 16 U.S.C. sec. 1241 et seq.
C.R.S. § 43-2-128 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-128
43-2-128. Municipalities exempt from street supervision sections
Status: repealed

43-2-128. Municipalities exempt from street supervision sections. (Repealed)
C.R.S. § 43-1-505 — CO Code / Title 43 / Article 1 / Part 5 / Section 43-1-505
43-1-505. Permit fees - expiration - renewal
Status: in_force

43-1-505. Permit fees - expiration - renewal. Each application or request for a permit shall be accompanied by a fee of twenty-five dollars to defray the costs of administration of this part 5 by the department. All permits issued under this section shall expire one year from the date of issue and shall be renewed upon compliance with the provisions of this part 5 from year to year upon payment to the department of said annual fee. Such fees shall be collected, in accordance with the collection rules of the department of revenue, for deposit in the state treasury to the credit of the general revenue fund. The general assembly shall make annual appropriations from the general revenue fund for the administration of this part 5.
C.R.S. § 43-4-1101 — CO Code / Title 43 / Article 4 / Part 11 / Section 43-4-1101
43-4-1101. Legislative declaration
Status: in_force

43-4-1101. Legislative declaration. (1) The general assembly hereby finds and declares that it is necessary, appropriate, and in the best interest of the state to use a portion of the general fund money that is dedicated for transportation purposes pursuant to section 24-75-219 to fund multimodal transportation projects and operations throughout the state and to use a portion of the money that is generated by the retail delivery fee imposed on the delivery of retail goods transported to the delivery site by motor vehicle pursuant to section 43-4-218 (3) to fund transportation-related greenhouse gas mitigation expenses throughout the state as authorized by this part 11 because, in addition to the general benefits that it provides to all Coloradans, a complete and integrated multimodal transportation system that includes greenhouse gas mitigation projects and services:

(a) Benefits seniors by making aging in place more feasible for them;

(b) Benefits residents of communities, in rural and disproportionately impacted communities, by providing them with more accessible and flexible public transportation services;

(c) Provides enhanced mobility for persons with disabilities;

(d) Provides safe routes to schools for children; and

(e) 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.
C.R.S. § 43-1-1401 — CO Code / Title 43 / Article 1 / Part 14 / Section 43-1-1401
43-1-1401. Legislative declaration
Status: in_force

43-1-1401. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The increased population growth and economic activity within the state has resulted in the significant and growing demand for increased construction and reconstruction of highways and other transportation projects within the state to facilitate the movement of people, goods, and information;

(b) As a result of the increased federal and state funding provided to the department of transportation in recent years for transportation projects, together with the increasing number, size, and complexity of planned transportation projects, the department will benefit from the use of a faster, more efficient, and more cost-effective contractor selection and procurement process to design and construct transportation projects;

(c) A design-build selection and procurement process will provide the department of transportation with: A savings of time, cost, and administrative burden; improved quality expectations with respect to the schedule and budget of transportation projects, as well as completion of such projects; and a reduction in the risks associated with transportation projects, including reduced duplication of expenses and improved coordination of efforts to meet the transportation needs of Colorado.

(2) The general assembly intends that this part 14 authorize the department of transportation to enter design-build contracts and to use an adjusted score design-build selection and procurement process for particular transportation projects regardless of the minimum or maximum cost of such projects, based on the individual needs and merits of such projects, and subject to approval by the transportation commission. The general assembly also intends that the department's use of an adjusted score design-build contract process shall not prohibit use of the low bid process currently used by the department pursuant to part 1 of article 92 of title 24 and part 14 of article 30 of title 24, C.R.S.
C.R.S. § 43-4-703 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-703
43-4-703. Submission of ballot question regarding issuance of transportation revenue antic
Status: in_force

43-4-703. Submission of ballot question regarding issuance of transportation revenue anticipation notes. (1) The secretary of state shall submit a ballot question to a vote of the registered electors of the state of Colorado at the statewide election to be held in November, 1999, for their approval or rejection. Each elector voting at said November election shall cast a vote as provided by law either "Yes" or "No" on the proposition: "Shall state of Colorado debt be increased up to $1,700,000,000, with a maximum repayment cost of $2,300,000,000, with no increase in any taxes, for the purpose of addressing the critical, priority transportation needs in the state by financing transportation projects that qualify for federal funding through the issuance of revenue anticipation notes, and shall earnings on the proceeds of such notes constitute a voter-approved revenue change?"

(2) The votes cast for the adoption or rejection of the question submitted pursuant to subsection (1) of this section shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in congress.
C.R.S. § 43-4-901 — CO Code / Title 43 / Article 4 / Part 9 / Section 43-4-901
43-4-901. High-visibility alcohol and drug impaired driving enforcement
Status: in_force

43-4-901. High-visibility alcohol and drug impaired driving enforcement. The department of transportation, in implementing the strategic transportation project investment program, shall, as a priority, coordinate at least twelve episodes annually of high-visibility alcohol and drug impaired driving enforcement episodes that the department oversees. The high-visibility alcohol and drug impaired driving enforcement episodes required by this section must be coordinated with the alcohol and drug impaired driving prevention enforcement program described in part 4 of this article 4.
C.R.S. § 43-1-414 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-414
43-1-414. Removal of nonconforming devices
Status: in_force

43-1-414. Removal of nonconforming devices. (1) The department may remove any nonconforming advertising device and may acquire all real and personal property rights pertaining to the nonconforming advertising device by gift, purchase, agreement, exchange, or eminent domain. All proceedings in eminent domain shall be conducted as may be provided by law. The department may adopt appraisal concepts and acquisition procedures which are appropriate to the evaluation and removal of nonconforming advertising devices.

(2) Just compensation shall be paid for each lawfully permitted nonconforming advertising device. Where the nonconforming advertising device has been modified with approval of the department, just compensation shall be determined as if no changes had been made, unless the changes shall have resulted in a decrease in value. Just compensation shall be paid for the taking, from the owner of such advertising device, of all right, title, leasehold, and interest in such advertising device and for the taking from the owner of real property on which such advertising device is located and of the right to maintain such advertising device.

(3) No advertising device shall be required to be removed until the federal share of the compensation required to be paid upon acquisition of such device becomes available to the state. Nothing in this subsection (3) shall be construed to prevent the department from acquiring any advertising device when the federal share of the compensation required to be paid for such device becomes available to the state, and no state funds shall be used to pay just compensation for any advertising device located along a secondary highway in this state until the federal share of such compensation becomes available to the state.

(4) The department shall promulgate reasonable rules and regulations governing acquisition procedures for the advertising devices, appraisal of advertising devices, and the administration and enforcement of this section. Rules for the appraisal of advertising devices shall take into account normal depreciation.

(5) Tourist-related advertising devices which comply with the rules and regulations adopted by the department may be exempted from removal under the following conditions:

(a) Upon receipt of a declaration, resolution, certified copy of an ordinance, or other clear direction from a state agency, board of county commissioners, city and county, municipality, or other governmental agency, which includes or has attached, on forms provided by the department, an analysis of negative economic impacts provided by such entity and which follows the criteria and method of economic analysis established by the department that removal of tourist-related advertising devices in a defined area would work a substantial economic hardship on that defined area, the department shall review the entity's economic analysis and such defined area. If the department finds that the entity has used the method of economic analysis as prescribed and the entity has determined that the defined area would suffer substantial economic hardship by such removal and that the declaration complies with all applicable rules and regulations, the department shall forward such declaration, resolution, or document and economic analysis with its recommendations to the United States secretary of transportation pursuant to 23 U.S.C. sec. 131(o). Any such declaration, resolution, or document submitted to the department shall further find that such tourist-related advertising devices provide directional information about goods and services in the interest of the traveling public and request the retention by the state in such defined areas of such tourist-related advertising devices.

(b) Each exempted tourist-related advertising device must comply with requirements of the department concerning the directional contents of the device.

(c) The department will review and evaluate each defined area at least every three years to determine if each exemption continues to be warranted.

(6) The provisions of this section shall not be construed to affect the application of any of the provisions of this part 4 to any advertising device until such date as the advertising device is required to be removed under this section. This section is enacted to comply with the requirements of the federal "Highway Beautification Act of 1965".
C.R.S. § 43-3-410 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-410
43-3-410. Highway revenue law not amended or repealed - when - rank of lien
Status: repealed

43-3-410. Highway revenue law not amended or repealed - when - rank of lien. (Repealed)
C.R.S. § 43-10-114 — CO Code / Title 43 / Article 10 / Section 43-10-114
43-10-114. Violation of federal registration provisions - aircraft identification - fuel ta
Status: in_force

43-10-114. Violation of federal registration provisions - aircraft identification - fuel tanks. (1) It is unlawful for any person, firm, association, or corporation in this state to knowingly possess an aircraft that is not registered in accordance with the regulations of the federal aviation administration contained in Title 14, chapter 1, parts 47-49 of the Code of Federal Regulations in effect on July 1, 1988.

(2) (a) It is unlawful for any person, firm, association, or corporation to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or possess, or to endeavor to buy, sell, offer for sale, receive, dispose of, conceal, or possess, any aircraft or part thereof on which the assigned aircraft identification numbers do not meet the requirements of the federal aviation regulations specified in subsection (1) of this section.

(b) The failure to have the assigned aircraft identification numbers clearly displayed on the aircraft and in compliance with federal aviation regulations is probable cause for any law enforcement officer in this state to make further inspection of the aircraft in question to ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft for identification numbers:

(I) When it is located on public property; or

(II) Upon consent of the owner of the private property on which the aircraft is stored.

(3) It is unlawful for any person, firm, association, or corporation to knowingly possess any aircraft in or operated in this state that is found to be registered to a nonexistent person, firm, association, or corporation or to a firm, association, or corporation which is no longer a legal entity. Any firm, association, or corporation that has no physical location or corporate officers or that has lapsed into an inactive state or been dissolved for a period of at least ninety days with no documented attempt to reinstate the firm, association, or corporation or to register its aircraft in the name of a real person or legal entity in accordance with federal aviation administration regulations specified in subsection (1) of this section is in violation of this section.

(4) It is unlawful for any person, firm, association, or corporation to knowingly supply false information to a governmental entity with respect to the name, address, business name, or business address of the owner of an aircraft in or operated in this state.

(5) It is unlawful for any person, firm, association, or corporation to knowingly supply false information to any governmental entity with respect to ownership by it or another person, firm, association, or corporation of an aircraft in or operated in this state if it is determined that such person, firm, association, or corporation:

(a) Is not, or has never been, a legal entity in this state;

(b) Is not, or has never been, a legal entity in any other state; or

(c) Has lapsed into a state of no longer being a legal entity in this state and no documented attempt has been made to correct such information with the governmental entity for a period of ninety days after the date on which such lapse took effect.

(6) It is unlawful for any person, firm, association, or corporation to install, maintain, or possess any aircraft which has been equipped with, or had installed in its wings or fuselage, fuel tanks, bladders, drums, or other containers which will hold fuel if such fuel tanks, bladders, drums, or other containers do not conform to federal aviation administration regulations or have not been approved by the federal aviation administration by inspection or special permit. This subsection (6) applies to any pipes, hoses, or auxiliary pumps which when present in the aircraft could be used to introduce fuel into the primary fuel system of the aircraft from such tanks, bladders, drums, or containers.

(7) This section does not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.

(8) Any aircraft knowingly used in violation of this section shall be deemed a class 1 public nuisance as provided in section 16-13-303 (1)(h.6), C.R.S., and shall be subject to the provisions relating thereto.
C.R.S. § 43-1-508 — CO Code / Title 43 / Article 1 / Part 5 / Section 43-1-508
43-1-508. Violations - penalties
Status: in_force

43-1-508. Violations - penalties. Any person who violates any of the provisions of this part 5 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Each day of violation of the provisions of this part 5 shall constitute a separate offense. In addition, and not in lieu of or as a bar to criminal enforcement as provided in this section, the department is authorized to institute appropriate action or proceedings to prevent or remove any junkyard existing in violation of the provisions of this part 5.
C.R.S. § 43-5-306 — CO Code / Title 43 / Article 5 / Part 3 / Section 43-5-306
43-5-306. Transporting heavy machines
Status: in_force

43-5-306. Transporting heavy machines. It is the duty of all persons, associations, and corporations operating threshing machines or vehicles or using the public roads for transporting such machines or other heavy machinery to use a sufficient number of heavy planks, wherever necessary, to protect all sidewalks, bridges, culverts, and causeways from being broken by said threshing machines or other heavy machinery in passing over the same.
C.R.S. § 43-1-1408 — CO Code / Title 43 / Article 1 / Part 14 / Section 43-1-1408
43-1-1408. Commission approval required
Status: in_force

43-1-1408. Commission approval required. The department shall obtain approval from the transportation commission prior to using an adjusted score design-build contract process for any transportation project.
C.R.S. § 43-4-1203 — CO Code / Title 43 / Article 4 / Part 12 / Section 43-4-1203
43-4-1203. Clean transit enterprise - creation - board - powers and duties - rules - fees -
Status: in_force

43-4-1203. Clean transit enterprise - creation - board - powers and duties - rules - fees - fund. (1) (a) The clean transit 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 purposes as specified in subsection (3)(a) 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 nine members appointed as follows:

(I) The governor shall appoint six members with the advice and consent of the senate for terms of the length specified in subsection (2)(b) of this section. The governor shall make reasonable efforts, to the extent such applications have been submitted for consideration for the board, to consider members that reflect the state's geographic diversity when making appointments and shall make initial appointments no later than October 1, 2021. Of the members appointed by the governor:

(A) One member must be a member of the commission and have statewide transportation expertise;

(B) One member must represent an urban area and have transit expertise;

(C) One member must represent a rural area and have transit expertise;

(D) One member must have expertise in zero-emissions transportation, motor vehicle fleets, or utilities;

(E) One member must represent a transportation-focused organization that serves an environmental justice community; and

(F) One member must represent a public advocacy group that has transit or comprehensive transportation expertise.

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

(III) The director of the Colorado energy office or the director's designee; and

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

(b) Members of the board appointed by the governor serve for terms of four years; except that three of the members initially appointed shall serve for initial terms of three years and the term of the member appointed pursuant to subsection (2)(a)(I)(A) of this section continues for as long as the member is a member of the commission. A member who is appointed to fill a vacancy on the board shall serve the remainder of the unexpired term of the former member. The other board members serve for as long as they hold their positions or are designated to serve.

(c) Members of the board serve without compensation but must be reimbursed from money in the fund for actual and necessary expenses incurred in the performance of their duties pursuant to this part 12.

(3) (a) The primary business purposes of the enterprise are to:

(I) Reduce and mitigate the adverse environmental and health impacts of air pollution and greenhouse gas emissions produced by motor vehicles used to make retail deliveries by supporting the replacement of existing gasoline and diesel transit vehicles with electric motor vehicles, including motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into electric motor vehicles; providing the associated charging infrastructure for electric transit fleet motor vehicles; supporting facility modifications that allow for the safe operation and maintenance of electric transit motor vehicles; and funding planning studies that enable transit agencies to plan for transit vehicle electrification; and

(II) Reduce and mitigate the adverse environmental and health impacts of air pollution and greenhouse gas emissions produced by oil and gas development by investing in public transit, including vehicles, infrastructure, equipment, materials, supplies, maintenance, and operations and staffing, to achieve the level of frequent, convenient, and reliable transit that is known to increase ridership by replacing car trips with bus and rail trips and forms of transit known to support denser land use patterns that further reduce pollution due to shorter trip lengths and greater walking and cycling mode share.

(b) To allow the enterprise to accomplish the business purposes described in subsection (3)(a) of this section and fully exercise its powers and duties through the board, the enterprise may:

(I) Impose a clean transit retail delivery fee as authorized by subsection (7) of this section;

(II) Impose the production fee for clean transit as authorized by section 43-4-1204;

(III) Issue grants and provide loans and rebates as authorized by subsection (8) of this section;

(IV) Implement the remediation services described in section 43-4-1204; and

(V) 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 clean transit enterprise fund is hereby created in the state treasury. The fund consists of clean transit retail delivery fee revenue credited to the fund pursuant to subsection (7) of this section, any monetary gifts, grants, donations, or other money 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. Subject to annual appropriation by the general assembly, the enterprise may expend money from the fund to provide grants, pay its reasonable and necessary operating expenses, including repayment of any loan received by the enterprise pursuant to subsection (5)(b) of this section, and otherwise exercise its powers and perform its duties as authorized by this part 3.

(b) The commission may transfer money from the state highway fund created in section 43-1-219 to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds, and a transfer for such purpose is made, in accordance with section 18 of article X of the state constitution, for the supervision of the public highways of this state. 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 commission 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 clean transit enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the 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 clean transit enterprise initial expenses fund to the fund. The clean transit 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 state highway fund for the principal amount of any loan made by the commission plus interest at a rate set by the commission.

(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) 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;

(e) To seek, accept, and expend gifts, grants, and donations from private or public sources for the purposes of this part 12. The enterprise shall transmit any money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(f) To directly provide any service that it is authorized to provide indirectly through grants awarded pursuant to subsection (8) of this section;

(g) To promulgate rules to set the amount of the clean transit retail delivery fee at or below the maximum amount authorized in this section and to govern the process by which the enterprise accepts applications for, awards, and oversees grants, loans, and rebates pursuant to subsection (8) of this section; and

(h) 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, and the department of revenue shall collect on behalf of the enterprise, a clean transit retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the clean transit 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 clean transit 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 clean transit retail delivery fee in a maximum amount of three cents.

(c) (I) Except as otherwise provided in subsection (7)(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 clean transit 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 clean transit 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 April 15 of the calendar year in which the state fiscal year begins.

(II) The enterprise is authorized to adjust the amount of the clean transit 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.

(8) (a) In furtherance of its business purpose, and subject to the requirements set forth in this subsection (8), the enterprise is authorized to make grants, loans, or rebates to support electrification of public transit.

(b) The enterprise may make grants, loans, or rebates to fund:

(I) Clean transit planning efforts;

(II) Facility upgrades necessary for the safe operation and maintenance of electric motor vehicles used by public transit providers;

(III) The construction of electric motor vehicle charging infrastructure used by public transit providers; and

(IV) The replacement of motor vehicles used by public transit providers that are not electric motor vehicles by electric motor vehicles, or, if electric motor vehicles are not practically available, by compressed natural gas motor vehicles, as defined in section 25-7.5-102 (5), if at least ninety percent of the fuel for the compressed natural gas motor vehicles will be recovered methane, as defined in section 25-7.5-102 (20).

(c) The enterprise shall award grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications.

(9) The enterprise shall contract with the air pollution control division of the department of public health and environment to develop proposed rules for the consideration of the air quality control commission that will support the enterprise's business services, including remediation services, in a manner that maintains compliance with the federal and state statutes, rules, and regulations governing air quality. The division shall collaborate with the Colorado energy office and the department when developing the rules.

(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, specifically reaching out to and seeking input from communities, including but not limited to 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. § 43-4-317 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-317
43-4-317. Execution
Status: repealed

43-4-317. Execution. (Repealed)
C.R.S. § 43-2-202 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-202
43-2-202. County road and bridge fund - apportionment to municipalities
Status: in_force

43-2-202. County road and bridge fund - apportionment to municipalities. (1) (a) A fund to be known as the county road and bridge fund is created and established in each county of this state. Such fund shall consist of the revenue derived from the tax authorized to be levied under section 43-2-203 for road and bridge construction, maintenance, and administration, all moneys received by the county from the state or federal governments for expenditure on roads and bridges, and any other moneys that may become available to the county for such purpose. Any moneys that have become available to the county for expenditure on roads and bridges by virtue of a condition placed on any type of land use approval shall be accounted for separately and said expenditures shall be limited to roads and bridges in connection with such land use project.

(b) In addition to the moneys specified in paragraph (a) of this subsection (1), the county road and bridge fund consists of any general fund moneys that the board of county commissioners of the applicable county transfers to the fund pursuant to section 30-25-106 (3), C.R.S., after the governor declares a disaster emergency in the county. The board of county commissioners may transfer back to the county general fund any moneys that it transferred to the county road and bridge fund pursuant to section 30-25-106 (3), C.R.S.

(2) Each municipality located in any county of this state is entitled to receive from the county road and bridge fund of the county wherein it is located an amount equal to fifty percent of the revenue accruing to said fund from extension only of the levy authorized to be made under section 43-2-203 against the valuation for assessment of all taxable property located within its corporate boundaries; except that, by mutual agreement between such municipality and the board of county commissioners, such municipality may elect to receive, in part or in full, the equivalent of such amount in the value of materials furnished or work performed on roads and streets located within its corporate boundaries by the county either during the calendar year in which such revenue is actually collected or by mutual agreement during any succeeding calendar year. A board of county commissioners may, at its option, provide additional money, furnish additional materials, or perform additional work for a municipality located in the county in excess of the money or equivalent materials or work entitled to be received by such municipality under this section. If so determined by the division of local government as provided in section 29-1-301 (1.2)(b), C.R.S., this subsection (2) shall not apply to any one-time, nonrecurring expenditure as a result of an increased levy under section 29-1-301 (1.2), C.R.S., if the expenditure is for a county road or bridge capital project or county road or bridge capital asset.

(3) In all cases where a municipality has not elected to receive its share of the county road and bridge fund in equivalent value of materials furnished or work performed by the county, under mutual agreement, it is the duty of the county treasurer, on the fifteenth day of each July, October, January, and April, to pay over to the treasurer of such municipality, out of the county road and bridge fund, the amount to which such municipality has become entitled during the preceding three calendar months.

(4) All moneys received by a municipality from the county road and bridge fund shall be credited to an appropriate fund and shall be used by such municipality only for construction and maintenance of roads and streets located within its corporate boundaries.
C.R.S. § 43-5-207 — CO Code / Title 43 / Article 5 / Part 2 / Section 43-5-207
43-5-207. Penalty
Status: in_force

43-5-207. Penalty. Any person violating any of the provisions of this part 2, except as set forth in section 43-5-205, commits a civil infraction.
C.R.S. § 43-2-117 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-117
43-2-117. County line roads - apportionment
Status: in_force

43-2-117. County line roads - apportionment. If any proposed county road is on the county line between two counties, the board of county commissioners of each county interested shall proceed in the same manner provided in section 43-2-112, and the board of county commissioners of each interested county by mutual agreement shall designate the county road supervisor who shall survey the proposed road and make the report to said boards in the same manner as provided in section 43-2-112; and the concurrence of the boards of county commissioners of both counties shall be necessary to establish it. If any such road is established, each of such counties shall open and maintain a definite part thereof, which the board of county commissioners of such counties shall apportion by mutual agreement between the two counties or by application of subsection (4) of section 43-2-111, and if the boards of county commissioners cannot agree upon the apportionment, it may refer the matter to three disinterested freeholders as arbitrators, whose duty it shall be to apportion same and report thereon to the boards of county commissioners of both counties.
C.R.S. § 43-4-712 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-712
43-4-712. No action maintainable
Status: in_force

43-4-712. 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 revenue anticipation notes or for any other relief against or from any acts or proceedings done under this part 7, 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, whichever occurs first, and is thereafter perpetually barred.
C.R.S. § 43-3-103 — CO Code / Title 43 / Article 3 / Part 1 / Section 43-3-103
43-3-103. Engineer may close street or road
Status: in_force

43-3-103. Engineer may close street or road. The chief engineer, with the approval of the governor, is authorized to enter into agreements with the cities or towns having jurisdiction over city or town streets, or with the counties having jurisdiction over county highways, or with other authorities having jurisdiction over other public ways to close any city street or county highway or other public way at or near the point of its intersection with any such freeway or to make provisions for carrying such city street or county highway or other public way over or under or to a connection with the freeway and do any work on such city street or county highway or other public way as is necessary therefor.
C.R.S. § 43-4-622 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-622
43-4-622. Exercise of authority powers by transportation planning organization
Status: in_force

43-4-622. Exercise of authority powers by transportation planning organization. (1) By adopting a resolution, the board of a transportation planning organization may authorize itself to exercise some or all of the powers of an authority set forth in this part 6 within the region or any portion of the region of the transportation planning organization.

(2) The exercise of the powers of an authority by a transportation planning organization is subject to all requirements and limitations set forth in this part 6 or any other law including, but not limited to:

(a) The notice requirements set forth in sections 43-4-603 (1), 43-4-613, and 43-4-614 (1);

(b) The intergovernmental agreement and services elimination requirements set forth in section 43-4-603 (1.5);

(c) The public hearing requirements set forth in section 43-4-603 (3);

(d) The limitations on the board delegating certain powers set forth in section 43-4-604 (1);

(e) All requirements set forth in this part 6 that require the consent of a county or municipality that is not a member of the transportation planning organization to operations, taxation, or other activities within its territory;

(f) All board super-majority voting requirements set forth in this part 6; and

(g) The voter approval requirements set forth in section 43-4-612.

(3) Before commencing construction of a regional transportation system, a transportation planning organization exercising the powers of an authority shall comply with the procedures and guidelines adopted by the transportation commission pursuant to section 43-1-128 (3) and analyze and document to the department of transportation the system's anticipated impacts on the achievement of the state greenhouse gas pollution goals set forth in section 25-7-102 (2)(g) and on compliance with applicable standards under the attainment program created and developed pursuant to part 3 of article 7 of title 25. Upon the request of a rural transportation planning organization, the department of transportation shall provide technical assistance to facilitate the completion of the analysis.

(4) Notwithstanding any provision of this part 6 to the contrary, a transportation planning organization may not exercise any of the powers of an authority within the boundaries of an existing authority without the prior approval of the board of the existing authority by adoption of a resolution by the affirmative vote of two-thirds of the directors of the board. The board of the existing authority shall file any such resolution adopted with the director of the division. The director of the division shall not issue the certificate required by section 43-4-603 (1) to a transportation planning organization, if the transportation planning organization is attempting to exercise the powers of an authority within the boundaries of an existing authority without the existing authority's duly adopted and filed resolution of approval.
C.R.S. § 43-1-1001 — CO Code / Title 43 / Article 1 / Part 10 / Section 43-1-1001
43-1-1001. Urban mass transportation grants
Status: in_force

43-1-1001. Urban mass transportation grants. (1) The department of transportation and the executive director thereof are hereby designated and authorized to take all steps and adopt all procedures necessary to make and enter into such contracts or agreements as are necessary for the state application and administration of any funds made available under the "Federal Transit Act", codified at 49 U.S.C. sec. 5301 et seq.

(2) The authority contained in subsection (1) of this section shall not apply to federal grant funds where there exists a designated recipient for such funds, and funds made available under the "Federal Transit Act", 49 U.S.C. sec. 5309, within the Denver regional transportation district, and funds for other projects in urbanized areas with populations in excess of two hundred thousand persons, except as provided in sections 43-1-601 and 43-1-901.
C.R.S. § 43-1-132 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-132
43-1-132. Mobile electronic device education - repeal
Status: repealed

43-1-132. Mobile electronic device education - repeal. (1) By October 1, 2024, the executive director or the executive director's designee shall, in consultation with the chief of the Colorado state patrol, create a culturally and linguistically competent campaign raising public awareness of the requirements of section 42-4-239 and of the dangers of using mobile electronic devices when driving.

(2) This section is repealed, effective July 1, 2025.
C.R.S. § 43-2-205 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-205
43-2-205. Rights-of-way - public land
Status: in_force

43-2-205. Rights-of-way - public land. The board of county commissioners of each county in the state of Colorado is authorized to lease a right-of-way over any lands in the state of Colorado held for public purposes which are not in actual use for the purpose to which they are dedicated, for such period of time and under such terms and conditions as it deems advisable, and to construct and maintain public roads and highways thereon.
C.R.S. § 43-1-204 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-204
43-1-204. State highway
Status: in_force

43-1-204. State highway. A "state highway" within the meaning of this part 2 is a right-of-way or location, whether actually used as a highway or not, designated for the construction of a state highway upon it.
C.R.S. § 43-3-406 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-406
43-3-406. Warrants lawful investments
Status: repealed

43-3-406. Warrants lawful investments. (Repealed)
C.R.S. § 43-4-507 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-507
43-4-507. Local improvement districts
Status: in_force

43-4-507. Local improvement districts. The board may establish local improvement districts within the boundaries of the authority to facilitate the financing, construction, operation, or maintenance of public highways within or without the boundaries of the authority. Such local improvement districts may be established by the board whenever any area within the boundaries of the authority, in the opinion of the board, will be especially benefited by the financing, construction, operation, or maintenance of such public highway. No local improvement district shall be established by the board unless it receives a petition signed by the owners of property which will bear a majority of the proposed assessments and by a petition signed by the lesser of a majority of the registered electorate in the proposed district or one thousand registered electors in the proposed district. The method of creating local improvement districts, making the improvements, and assessing the costs thereof shall be as provided in part 6 of article 20 of title 30, C.R.S.; except that the board shall perform the duties of the board of county commissioners thereunder and the improvements shall be public highways as defined by section 43-4-503 (12).
C.R.S. § 43-1-901 — CO Code / Title 43 / Article 1 / Part 9 / Section 43-1-901
43-1-901. Transit planning
Status: in_force

43-1-901. Transit planning. The department of transportation and the executive director thereof are hereby designated and authorized to take all steps and adopt all procedures necessary to make and enter into such contracts or agreements as are necessary for state application and administration of the "Federal Transit Act", 49 U.S.C. sec. 5304. The department of transportation shall develop a procedure in conjunction with affected counties, municipalities, and other public bodies, which procedure shall provide for a fair and equitable distribution of funds pursuant to 49 U.S.C. sec. 5304 within the state. The department of transportation shall develop a procedure in cooperation with affected metropolitan planning organizations, which procedure shall provide for a fair and equitable distribution of section 8 funds within the state.
C.R.S. § 43-1-801 — CO Code / Title 43 / Article 1 / Part 8 / Section 43-1-801
43-1-801. State rail plan - administration and implementation - local rail service assista
Status: in_force

43-1-801. State rail plan - administration and implementation - local rail service assistance. (1) The department of transportation and the executive director thereof are designated and authorized to:

(a) Take all steps and adopt all proceedings necessary to enter into contracts and make agreements with the federal railroad administration, other state or federal agencies, or any other person for state administration and implementation of section 803 of the federal "Railroad Revitalization and Regulatory Reform Act of 1976", 49 U.S.C. sec. 1654, and amendments thereto, which are designated for local rail service assistance, including administration and updating of the state rail plan;

(b) Receive and accept grants, gifts, or contributions for the purposes of paragraph (a) of this subsection (1) from the federal or state government, any other public agency, or from any other source.
C.R.S. § 43-4-1504 — CO Code / Title 43 / Article 4 / Part 15 / Section 43-4-1504
43-4-1504. Fuels impact enterprise cash fund - definition
Status: in_force

43-4-1504. Fuels impact enterprise cash fund - definition. (1) (a) (I) The fuels impact enterprise cash fund is created in the state treasury. The fund consists of fuels impact reduction fee revenue credited to the fund pursuant to section 43-4-1505, any money that the general assembly may transfer or appropriate to the fund for the implementation of the grant program, 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 fund to the fund.

(II) Money in the fund is continuously appropriated to the enterprise for the direct and indirect costs of implementing the grant program.

(III) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(b) (I) Notwithstanding section 8-20-206.5 (8)(b), if the available fund balance in the fund is greater than fifteen million dollars, the enterprise shall not impose, and the department of revenue shall not collect, the fuels impact reduction fee described in section 8-20-206.5 (8), but if the available balance in the fund is less than fifteen million dollars within a fiscal year, the enterprise shall impose, and the department of revenue shall collect, the fuels impact reduction fee in accordance with section 8-20-206.5 (8)(b).

(II) For the purposes of this subsection (1)(b), "available fund balance" means the sum of the current year revenues and the previous fund balance minus the sum of the obligations approved by the enterprise and the costs incurred by the department of revenue in collecting the fuels impact reduction fee revenue.

(c) For purposes of this part 15, the enterprise may seek, accept, and expend money from federal sources.

(2) 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 fund. Loan liabilities that are recorded in the fuels impact 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. 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.
C.R.S. § 43-3-213 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-213
43-3-213. No debt authorized
Status: in_force

43-3-213. No debt authorized. Nothing in this part 2 shall be construed as authorizing the contracting by the state of a debt by loan in any form nor the pledging of general taxes of the state.
C.R.S. § 43-10-116 — CO Code / Title 43 / Article 10 / Section 43-10-116
43-10-116. Transfer of functions, employees, and property
Status: repealed

43-10-116. Transfer of functions, employees, and property. (Repealed)
C.R.S. § 43-10-110 — CO Code / Title 43 / Article 10 / Section 43-10-110
43-10-110. Revenues in aviation fund - disbursements
Status: repealed

43-10-110. Revenues in aviation fund - disbursements. (1) (a) In accordance with section 18 of article X of the Colorado constitution, moneys in the fund shall be used exclusively for aviation purposes.

(b) Repealed.

(2) (a) (I) The board shall transfer from the fund, on a monthly basis, to the airport operating fund of the governmental or airport entity operating the FAA-designated public-use airport an amount equal to four cents per gallon of gasoline, as defined in section 39-27-101 (12), C.R.S., sold at such airport and an amount equal to sixty-five percent of any sales and use taxes collected by the state on aviation fuel sold for use at such airport by turbo-propeller or jet engine aircraft and credited to the fund pursuant to section 43-10-109 (2).

(II) If an intergovernmental agreement is entered into pursuant to the provisions of article 46.5 of title 24, C.R.S., the portion of the sales and use tax revenues that would otherwise be transferred to the governmental entity operating an airport in the state at which commercial passenger service is provided and that has entered into an intergovernmental agreement under article 46.5 of title 24, C.R.S., shall be transferred to the Colorado business incentive fund created in section 24-46.5-102, C.R.S. If such an intergovernmental agreement is entered into, moneys shall be transferred by the state treasurer for the length of the intergovernmental agreement, and, following the conclusion of the agreement, or if no agreement is entered into, the moneys shall be transferred to such governmental entity in accordance with the provisions of this section.

(b) The transfer of moneys pursuant to this subsection (2) shall be based upon monthly reports made by the department of revenue, pursuant to the provisions of sections 39-26-715 (1)(a)(I) and (2)(a) and 39-27-102 (1)(a)(IV)(C), C.R.S., and transmitted to the division. Such moneys shall only be used for aviation purposes. Moneys in the fund derived from the sale of gasoline and aviation fuel at airports not qualified to receive revenue pursuant to the provisions of this subsection (2) shall remain in the fund.

(3) Moneys in the fund not transferred to a governmental or airport entity operating an FAA-designated public-use airport as provided in subsection (2) of this section and not allocated for administrative expenses shall be used by the board exclusively for aviation purposes, including the awarding of grants pursuant to the state aviation system grant program established by the general assembly pursuant to section 43-10-108.5 and including the awarding of contracts as authorized in this article.
C.R.S. § 43-3-212.5 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-212.5
43-3-212.5. Disposition of tolls - when bonds issued
Status: in_force

43-3-212.5. Disposition of tolls - when bonds issued. (1) If any bonds are issued pursuant to this part 2, any fees, fares, and tolls to be charged for the use of any turnpike shall be fixed and adjusted so that the fees, fares, and tolls collected, along with other revenues, if any, are at least sufficient to pay for, as applicable:

(a) Any bonds issued pursuant to this part 2 and interest thereon, all sinking fund requirements, and any other requirements provided for by resolution of the transportation commission or by any trust indenture to which the department is a party; or

(b) The reasonable return on investment of any private entity financing the project by means of a public-private initiative pursuant to section 43-3-202.5 and part 12 of article 1 of this title.

(2) If amounts generated from the fees, fares, and tolls collected exceed the amount required in subsection (1) of this section, such fees, fares, and tolls shall then be used to pay the necessary costs for the proper operation, maintenance, and repair of any turnpike project.

(3) If the transportation commission determines that a turnpike project is being adequately maintained, the department may use any proceeds in the special sinking fund in excess of the amounts required under subsections (1) and (2) of this section for the maintenance, construction, and operation of a network of turnpikes.
C.R.S. § 43-2-134 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-134
43-2-134. Certification of designations - notice of change
Status: in_force

43-2-134. Certification of designations - notice of change. (1) Within thirty days after December 31, 1979, the department of transportation shall certify by brief description in duplicate to the governing body and to the clerk of each municipality which streets, together with the bridges or other structures thereon, if any, in such municipality are presently designated as part of the state highway system as defined in this part 1.

(2) Thereafter, the department of transportation shall inform each municipality of any change in designation that has occurred within its jurisdiction not later than sixty working days after the change.

(3) No change shall be made in the designation of such street as a part of the state highway system without prior notice to the municipality and without opportunity for hearing before the commission.
C.R.S. § 43-10-110.7 — CO Code / Title 43 / Article 10 / Section 43-10-110.7
43-10-110.7. Conveyance of airport-related equipment to division
Status: in_force

43-10-110.7. Conveyance of airport-related equipment to division. The city and county of Denver shall convey at a reasonable cost unneeded airport-related equipment to the division for equitable distribution to other governmental entities operating airports in this state.
C.R.S. § 43-5-308 — CO Code / Title 43 / Article 5 / Part 3 / Section 43-5-308
43-5-308. Flagpersons - definition - penalty
Status: in_force

43-5-308. Flagpersons - definition - penalty. (1) (a) A person shall not fail or refuse to obey the visible instructions, signals, or direction displayed or given by a flagperson. A person who violates this subsection (1)(a) commits a class A traffic infraction.

(b) If a driver fails to comply with the flagperson's instructions, the flagperson or any other person with information as to the identity of the driver or the license plate number of the driver's vehicle may, and if practicable shall, promptly relay the information to the appropriate law enforcement agency.

(2) (a) Only a trained person may provide temporary traffic control or direction within any highway, road, or street maintenance or construction work area as a flagperson.

(b) The department shall authorize public and private entities to conduct flagperson certification training and shall develop and provide, at cost, examination and training materials that authorized entities must use in conducting flagperson certification.

(c) While directing traffic, a flagperson shall wear high-visibility garments and display an official hand signal device prescribed in the state traffic control manual adopted by the department pursuant to section 42-4-104, C.R.S., or its supplement.

(d) A flagperson shall abide by the Colorado manual of uniform traffic control devices and shall not use any device that might distract the flagperson's vision, hearing, or attention while directing traffic.

(3) As used in this section, "flagperson" means a person:

(a) Eighteen years of age or older;

(b) Trained by an entity authorized by the department;

(c) Employed by the department, a department contractor, a political subdivision of the state, or a contractor of a political subdivision; and

(d) Acting in his or her official capacity while performing work within a temporary traffic control zone.

(4) This section does not apply to law enforcement personnel while performing official law enforcement duties.
C.R.S. § 43-1-1302 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1302
43-1-1302. Definitions
Status: in_force

43-1-1302. Definitions. As used in this part 13, unless the context otherwise requires:

(1) "Interim recreational purposes" means a use for hiking, biking, equestrian, or similar recreational use which does not prevent the restoration and reconstruction of the right-of-way for railroad or other transportation purposes.

(2) "Railroad right-of-way" means any real property or interest in real property that is or has been owned by a railroad company as the site, or is adjacent to the site, of an existing or former rail line, including fixtures such as railroad tracks, that may be used or are usable to continue rail service.

(3) "TLRC" means the transportation legislation review committee created in section 43-2-145.
C.R.S. § 43-4-402 — CO Code / Title 43 / Article 4 / Part 4 / Section 43-4-402
43-4-402. Source of revenues - allocation of money - special account created
Status: repealed

43-4-402. Source of revenues - allocation of money - special account created. (1) The general assembly shall appropriate moneys annually to the fund in the general appropriation bill. In addition to any other penalty imposed pursuant to section 42-4-1307, C.R.S., every person who is convicted of, pleads guilty to, or receives a deferred sentence pursuant to section 18-1.3-102, C.R.S., for a violation of any of the offenses specified in section 42-4-1301 (1) or (2), C.R.S., shall be required to pay seventy-five dollars, which shall be deposited into the fund, and fifteen dollars, which shall be deposited into the county treasury of the county in which the conviction occurred.

(2) (a) The general assembly shall make an annual appropriation out of the money in the fund to the department of public health and environment in an amount sufficient to pay for the costs of evidential breath alcohol testing, including any education needs associated with testing, and implied consent specialists, the costs of which were previously paid out of the highway users tax fund. The general assembly shall also make an annual appropriation out of the money in the fund to the Colorado bureau of investigation to pay for the costs of toxicology laboratory services, including any education needs associated with the services. Of the money remaining in the fund, eighty percent shall be deposited in a special alcohol and drug impaired driving account in the fund, which account is created, and be available immediately, without further appropriation, for allocation by the transportation commission to the office of transportation safety. The office of transportation safety shall allocate the money in accordance with the provisions of section 43-4-404 (1) and (2). The remaining twenty percent shall be appropriated by the general assembly to the office of behavioral health in the department of human services, which shall use the money for the purposes stated in section 43-4-404 (3). The office of transportation safety and the office of behavioral health in the department of human services may use amounts from the money allocated or appropriated to them pursuant to this subsection (2) as necessary for the purpose of paying the costs incurred by the office of transportation safety and the office of behavioral health in administering the programs established pursuant to this part 4; except that the office of transportation safety and the office of behavioral health may not use for the purposes of this part 4 an amount exceeding eight percent of the money allocated or appropriated.

(b) Repealed.

(3) and (4) Repealed.
C.R.S. § 43-4-521 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-521
43-4-521. Termination of revenue-raising powers
Status: in_force

43-4-521. Termination of revenue-raising powers. When all bonds and obligations of an authority have been paid in full and the authority has established a maintenance trust fund sufficient to meet future needs of the authority, all revenue-raising powers granted pursuant to this part 5, including tolls, shall terminate.
C.R.S. § 43-1-1504 — CO Code / Title 43 / Article 1 / Part 15 / Section 43-1-1504
43-1-1504. Possessory interests in transfer facilities - taxation
Status: in_force

43-1-1504. Possessory interests in transfer facilities - taxation. Any person obtaining a possessory interest in any portion of a transfer facility located on property that is owned by the department for the provision of retail or commercial goods or services pursuant to this section shall be deemed in control of that portion of the facility and shall be subject to property taxation to the extent of the person's possessory interest in that portion of the facility.
C.R.S. § 43-2-141 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-141
43-2-141. Violation of sections - penalties
Status: in_force

43-2-141. Violation of sections - penalties. Any person or corporation who places or maintains any road signs, guide boards, billboards, or bulletin boards on any road constituting the county system in violation of section 43-2-139 commits a civil infraction. Any person or corporation which injures, defaces, or destroys any road sign placed on any county road, as provided by law, commits a civil infraction.
C.R.S. § 43-4-304 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-304
43-4-304. Interest - terms - public sale
Status: repealed

43-4-304. Interest - terms - public sale. (Repealed)
C.R.S. § 43-1-105 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-105
43-1-105. Powers and duties of the executive director
Status: in_force

43-1-105. Powers and duties of the executive director. (1) The executive director shall:

(a) Plan, develop, construct, coordinate, and promote an integrated transportation system in cooperation with federal, regional, local, and other state agencies and with private individuals and organizations concerned with transportation planning and operations in the state;

(b) Initiate such comprehensive planning measures and authorize such studies and other research as he or she deems necessary for the development of an integrated transportation system;

(c) Exercise general supervisory control over and coordinate the activities, functions, and employees of the department and its divisions;

(d) Appoint a deputy director of the department pursuant to the provisions of section 13 of article XII of the state constitution;

(e) Maintain and administer the transportation infrastructure revolving fund pursuant to the provisions of section 43-1-113.5.

(2) Subject to the powers of the commission, the executive director is hereby authorized to create or alter such sections and units within the divisions of the department as the executive director determines are necessary to effectively and efficiently operate the department.

(3) The executive director shall have such other powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.

(4) The executive director shall have the power to solicit bids using electronic online access, including the internet, for purposes of acquiring construction contracts for public projects as provided in section 24-92-103, C.R.S.

(5) The executive director shall have the power to issue transportation revenue anticipation notes in accordance with the provisions of part 7 of article 4 of this title.

(6) Whenever the department or any division of the department other than the aeronautics division is authorized or required by law to hold a hearing, the executive director or the executive director's designee, who may be, but is not limited to, the chief engineer or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., shall preside over the hearing to take evidence and make findings and report them to the executive director and to the commission; except that, whenever the chief engineer is authorized or required by law to adopt rules or regulations for the engineering, design, and construction division, the chief engineer, his or her designee for rule-making, or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., shall preside over any hearing held pursuant to article 4 of title 24, C.R.S.
C.R.S. § 43-2-140 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-140
43-2-140. Roadside advertising on state highways
Status: repealed

43-2-140. Roadside advertising on state highways. (Repealed)
C.R.S. § 43-1-602 — CO Code / Title 43 / Article 1 / Part 6 / Section 43-1-602
43-1-602. Department to promulgate rules
Status: in_force

43-1-602. Department to promulgate rules. The department of transportation is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this part 6.
C.R.S. § 43-1-224 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-224
43-1-224. Cooperation with federal departments
Status: in_force

43-1-224. Cooperation with federal departments. The department of transportation is further authorized to cooperate in such manner as it may consider for the public benefit with any department of the federal government in undertaking any experiments or collecting any data that has to do with public highways.
C.R.S. § 43-4-214 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-214
43-4-214. Future municipalities eligible
Status: in_force

43-4-214. Future municipalities eligible. In cases of cities and towns incorporated subsequent to January 1, 1954, said cities and towns are entitled to such proportionate share of the highway users tax fund, subject to the same provisions and limitations as cities and incorporated towns included in the provisions of this part 2 before said date.
C.R.S. § 43-5-302 — CO Code / Title 43 / Article 5 / Part 3 / Section 43-5-302
43-5-302. Not to dam stream - penalty
Status: in_force

43-5-302. Not to dam stream - penalty. No person or corporation shall dam the waters of any stream so as to cause the same to overflow any road or damage or weaken the abutments, walls, or embankments of any bridge of any highway. Any person or corporation violating any of the provisions of this section shall forfeit the sum of fifty dollars to the county and shall be liable to any person or corporation in a civil action for any damages resulting therefrom.
C.R.S. § 43-1-208 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-208
43-1-208. State highway - damages - eminent domain
Status: repealed

43-1-208. State highway - damages - eminent domain. (1) If the chief engineer deems it desirable to establish, open, relocate, widen, add mass transit to, or otherwise alter a portion of a state highway, negotiations to acquire the land have failed, and the chief engineer determines that filing a petition in condemnation pursuant to article 1 of title 38 is necessary or if the commission otherwise so requires, the chief engineer shall make a written report to the commission describing the portion of the highway to be established, opened, added to, or changed and the land of each landowner to be acquired by a petition in condemnation. The chief engineer shall accompany the report with a map showing the present and proposed boundaries of the portion of the highway to be established, opened, added to, or changed, together with an estimate of the damages and benefits accruing to each landowner against whose land a petition in condemnation will be filed. The chief engineer may also acquire land by purchase or exchange or through negotiations prior to the filing of a petition in condemnation and is not required to provide any information about land so acquired to the commission under this section.

(2) If, upon receipt of the report and after providing ten days' written notice to the affected landowner of the date, time, and location of the commission meeting at which a resolution to authorize a proposed action and the filing of a petition in condemnation for land will be considered, which notice shall be sent by first-class mail to the mailing address, if any, of the land that is the subject of the resolution and any other mailing address of the landowner used for purposes of negotiations with the landowner, and providing the landowner with an opportunity to be heard at the meeting, the commission decides that public interest or convenience will be served by the proposed action and the filing of a petition in condemnation for the land pursuant to article 1 of title 38, it shall adopt a resolution approving the action and the filing of a petition in condemnation for the land. Thereupon the commission, acting through the department, shall proceed in the acquisition of the land, under articles 1 to 7 of title 38, without tender or other proceedings under this part 2.

(3) Repealed.

(4) Notwithstanding any other provision of this section, the commission may not acquire through condemnation any interest in oil, natural gas, or other mineral resources beneath land acquired as authorized by this section except to the extent required for subsurface support.
C.R.S. § 43-1-216 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-216
43-1-216. Notices and tenders by mail
Status: in_force

43-1-216. Notices and tenders by mail. All notices to landowners referred to in this part 2 may be given by mailing the same to such landowners. All tenders of payment of damages to landowners referred to in this part 2 may be made by mailing to each landowner to whom such tender is to be made a written or printed statement reciting the action of the chief engineer and of the commission relating to the award of damages to such landowner, specifying the amount of damages awarded to him, and stating where and by whom payment of the sum so awarded will be made upon demand of such landowner. Depositing in the general post office in the city of Denver or at the county seat of the county in which the land in controversy is located a written or printed copy of any notice referred to in this section, or any statement tendering payment of damages, signed by the proper officer, enclosed in a sealed envelope with proper postage prepaid, and properly addressed to the landowner at his last-known place of residence or address, is sufficient mailing of the same for the purpose of this part 2.
C.R.S. § 43-1-603 — CO Code / Title 43 / Article 1 / Part 6 / Section 43-1-603
43-1-603. Participation of political subdivisions
Status: in_force

43-1-603. Participation of political subdivisions. Municipalities, counties, and special districts organized for transportation purposes shall have the authority to enter into contracts with and make grants to those private nonprofit entities that have been designated as recipients of funds pursuant to the "Federal Transit Act", 49 U.S.C. sec. 5301 et seq. Such contracts or grants may be for either operating or capital assistance.
C.R.S. § 43-2-121 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-121
43-2-121. Annual state report
Status: in_force

43-2-121. Annual state report. At the same time that the highway maintenance division tabulates the reports and statements from the various counties, the division shall also prepare a statement setting forth the amount expended by the division during the preceding calendar year in the same manner as required of counties. Publication of the data shall be in accordance with the provisions of section 24-1-136, C.R.S.
C.R.S. § 43-2-151 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-151
43-2-151. Managed lanes - study by department of transportation - repeal
Status: repealed

43-2-151. Managed lanes - study by department of transportation - repeal. (Repealed)
C.R.S. § 43-4-216 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-216
43-4-216. Liability unaffected
Status: in_force

43-4-216. Liability unaffected. Nothing in sections 40-4-106 (2), C.R.S., 43-4-201, 43-4-204, 43-4-205, 43-4-206 (1), 43-4-207 (1), and 43-4-208 (1) shall be construed to affect, change, or modify in any way the existing law of this state concerning the responsibility or liability, if any, of the state or any agency thereof, or of any city, town, city and county, county, or other political subdivision of the state, or of any person, firm, or corporation, for any collision, accident, or occurrence at, about, or connected with any crossing of any public highway or road over the tracks of any railroad or street railway corporation.
C.R.S. § 43-3-102 — CO Code / Title 43 / Article 3 / Part 1 / Section 43-3-102
43-3-102. Engineer to divide freeway
Status: in_force

43-3-102. Engineer to divide freeway. (1) After such state highway or a portion of a state highway has been designated a freeway under section 43-3-101, the chief engineer is authorized to divide and separate such freeway into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating such separate roadways by signs, markers, stripes, or other devices and may direct the course of traffic thereon and the proper lane for such traffic by appropriate signs, markers, stripes, or other devices.

(2) No private right of access shall accrue to property abutting any freeway established on a new location except at such points as may be authorized; but nothing in this section shall authorize or permit the acquisition of any existing property rights except upon payment of just compensation as provided by law.
C.R.S. § 43-5-501 — CO Code / Title 43 / Article 5 / Part 5 / Section 43-5-501
43-5-501. Definitions
Status: repealed

43-5-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Board" means the motorcycle operator safety advisory board created in section 43-5-505.

(1.5) "Chief" means the chief of the state patrol, created in section 24-33.5-201.

(2) "Fund" means the motorcycle operator safety training fund created in section 43-5-504.

(3) "Instructor training specialist" means a licensed motorcycle operator who meets the standards promulgated by the office to train and oversee instructors for the program.

(3.5) "MOST" or "program" means the motorcycle operator safety training program created by this part 5.

(3.6) "MOST vendor" means a person that offers a motorcycle operator safety training program that meets standards promulgated by the department of transportation.

(4) "Office" means the office of the chief of the state patrol in the department of public safety.

(5) Repealed.

(6) "Program coordinator" means a person designated by the chief to ensure compliance with program rules, program operation, and motorcycle safety coordination.
C.R.S. § 43-1-209 — CO Code / Title 43 / Article 1 / Part 2 / Section 43-1-209
43-1-209. Subsurface support deemed acquired
Status: in_force

43-1-209. Subsurface support deemed acquired. Whenever real property is acquired for road, highway, or mass transit purposes, whether such acquisition is by purchase, lease, or other means or by eminent domain, the right to subsurface support of such real property is deemed to be acquired therewith; except that no right to oil, natural gas, or other mineral resources beneath such real property shall be acquired by a governmental entity through condemnation unless the acquiring authority determines that such acquisition is required for subsurface support. In the event the acquiring authority determines that public convenience, necessity, and safety do not require such subsurface support or determines that only a part of such subsurface support is required for public convenience, necessity, and safety, such acquiring authority may specifically exclude such subsurface support, either in whole or in part, in such acquisition in accordance with said determination.
C.R.S. § 43-1-109 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-109
43-1-109. Chief engineer
Status: in_force

43-1-109. Chief engineer. (1) There is hereby created the office of chief engineer. The chief engineer shall be a licensed professional engineer with a minimum of ten years' responsible engineering experience, including management and organization in the field of highway engineering.

(2) The chief engineer shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution and shall be employed by the executive director of the department of transportation pursuant to the provisions of the constitution and laws of the state.
C.R.S. § 43-4-810 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-810
43-4-810. Fees and surcharges - limitations on use
Status: in_force

43-4-810. Fees and surcharges - limitations on use. As required by section 18 of article X of the state constitution, the proceeds of any fee or surcharge imposed pursuant to the provisions of this part 8 that is a license fee, registration fee, or other charge with respect to the operation of any vehicle upon any public highway in this state shall be used exclusively for the construction, maintenance, and supervision of the public highways of this state as specified in this part 8.
C.R.S. § 43-4-713 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-713
43-4-713. Annual reports
Status: in_force

43-4-713. Annual reports. (1) No later than January 15, 2001, and no later than January 15 of each year thereafter, the executive director shall submit a report to the members of the joint budget committee of the general assembly, the members of the legislative audit committee of the general assembly, the chair of the transportation and energy committee of the house of representatives, and the chair of the transportation committee of the senate that includes, at a minimum, the following information:

(a) The total amount of revenue anticipation notes issued by the executive director in accordance with this part 7;

(b) The qualified federal aid transportation projects for which the proceeds from such revenue anticipation notes have been expended, the amount of note proceeds expended on each project, the status of each project, and the estimated date of completion for such projects not yet completed;

(c) The total amount of federal transportation funds paid to the department since such revenue anticipation notes have been issued; and

(d) The total amount of proceeds from the issuance of revenue anticipation notes, state matching funds, and federal transportation funds allocated by the commission in each state fiscal year for the payment of such revenue anticipation notes and the costs associated with the issuance and administration of such notes.
C.R.S. § 43-3-210 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-210
43-3-210. Refunding bonds
Status: in_force

43-3-210. Refunding bonds. The department of transportation is authorized to provide, by resolution of the transportation commission, for the issuance of refunding bonds of the state of Colorado for the purpose of refunding any bonds issued under the provisions of this part 2 and then outstanding. The issuance of the refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the duties of the department of transportation in respect to the same shall be governed by the provisions of this part 2 insofar as the same may be applicable.
C.R.S. § 43-3-203 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-203
43-3-203. Bonds authorized
Status: in_force

43-3-203. Bonds authorized. (1) For the purpose of defraying the cost of constructing, improving, or reconstructing any such turnpike and all expenses incidental thereto, including all engineering and legal fees and interest during construction and for one year thereafter, the department of transportation may, upon the affirmative majority vote of the entire membership of the transportation commission and with the approval of the general assembly evidenced by joint resolution of the senate and house of representatives, and signed by the governor, issue bonds of the state of Colorado, payable from a fund consisting of the fees, fares, and tolls derived from any designated turnpike project and with the approval of the general assembly evidenced by joint resolution of the senate and house of representatives, additionally secured by a pledge of and payable from a special fund set aside from the state highway fund, but the amount so set aside and pledged shall not exceed in any one year one hundred percent of the total of the following:

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

(b) 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.
C.R.S. § 43-3-414 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-414
43-3-414. Vesting powers in transportation commission
Status: in_force

43-3-414. Vesting powers in transportation commission. This part 4 shall, without reference to any other statute, be deemed full authority for the construction of a tunnel under contract with, pursuant to design ordered or prepared by, and under the sole direction of the transportation commission. All the powers necessary to be exercised by the transportation commission in order to carry out the provisions of this part 4 are conferred by this article.