C.R.S. § 43-3-217 — CO Code / Title 43 / Article 3 / Part 2 / Section 43-3-217
43-3-217. Execution
Status: in_force

43-3-217. Execution. Said refunding bonds may be executed in accordance with article 55 of title 11, C.R.S.
C.R.S. § 43-1-1308 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1308
43-1-1308. Recommendations and findings of the TLRC
Status: in_force

43-1-1308. Recommendations and findings of the TLRC. The members of the transportation legislation review committee shall make a written report setting forth its recommendations, findings, and comments as to each recommendation for the acquisition of abandoned railroad rights-of-way and their uses and submit the report to the general assembly.
C.R.S. § 43-1-401 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-401
43-1-401. Short title
Status: in_force

43-1-401. Short title. This part 4 shall be known and may be cited as the "Outdoor Advertising Act".
C.R.S. § 43-2-217 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-217
43-2-217. County treasurer fiscal agent
Status: in_force

43-2-217. County treasurer fiscal agent. The county treasurer of such county shall be the fiscal agent of the county in connection with such highway anticipation warrants and shall administer said fund so as to retire such warrants therefrom at such times and in such manner as the board of county commissioners may prescribe in the issuance thereof, subject to the limitations provided in sections 43-2-214 to 43-2-218.
C.R.S. § 43-4-807 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-807
43-4-807. Bonds - investments - bonds eligible for investment and exempt from taxation
Status: in_force

43-4-807. Bonds - investments - bonds eligible for investment and exempt from taxation. (1) (a) Both the bridge enterprise and the transportation enterprise may, from time to time, issue bonds for any of their corporate purposes. The bonds shall be issued pursuant to resolution of the bridge enterprise board or the transportation enterprise board and shall be payable solely out of all or a specified portion of the moneys in the bridge special fund or the transportation special fund as the case may be.

(b) Bonds may be executed and delivered by the issuing enterprise at such times; may be in such form and denominations and include such terms and maturities; may be subject to optional or mandatory redemption prior to maturity with or without a premium; may be in fully registered form or bearer form registrable as to principal or interest or both; may bear such conversion privileges; may be payable in such installments and at such times not exceeding forty-five years from the date thereof; may be payable at such place or places whether within or without the state; may bear interest at such rate or rates per annum, which may be fixed or vary according to index, procedure, or formula or as determined by the issuing enterprise or its agents, without regard to any interest rate limitation appearing in any other law of the state; may be subject to purchase at the option of the holder or the issuing enterprise; may be evidenced in such manner; may be executed by such officers of the issuing enterprise, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which may be either of an officer of the issuing enterprise or of an agent authenticating the same; may be in the form of coupon bonds that have attached interest coupons bearing a manual or facsimile signature of an officer of the issuing enterprise; and may contain such provisions not inconsistent with this part 8, all as provided in the resolution of the issuing enterprise under which the bonds are authorized to be issued or as provided in a trust indenture between the issuing enterprise and any commercial bank or trust company having full trust powers.

(c) Bonds of the issuing enterprise may be sold at public or private sale at such price or prices, in such manner, and at such times as determined by the board of the issuing enterprise, and the board may pay all fees, expenses, and commissions that it deems necessary or advantageous in connection with the sale of the bonds. The power to fix the date of sale of the bonds, to receive bids or proposals, to award and sell bonds, to fix interest rates, and to take all other action necessary to sell and deliver the bonds may be delegated to an officer or agent of the issuing enterprise. Any outstanding bonds may be refunded by the issuing enterprise pursuant to article 56 of title 11, C.R.S. All bonds and any interest coupons applicable thereto are declared to be negotiable instruments.

(d) The resolution or trust indenture authorizing the issuance of the bonds may pledge all or a portion of the bridge special fund or the transportation special fund, as the case may be; may, respectively, pledge all or a portion of the rights of the bridge enterprise to impose, and receive the revenues generated by, a bridge safety surcharge authorized by section 43-4-805 (5)(g) or all or a portion of the rights of the transportation enterprise to impose, and receive the revenues generated by, any user fee or other charge authorized by section 43-4-806; may contain such provisions for protecting and enforcing the rights and remedies of holders of any of the bonds as the issuing enterprise deems appropriate; may set forth the rights and remedies of the holders of any of the bonds; and may contain provisions that the issuing enterprise deems appropriate for the security of the holders of the bonds, including, but not limited to, provisions for letters of credit, insurance, standby credit agreements, or other forms of credit ensuring timely payment of the bonds, including the redemption price or the purchase price.

(e) Any pledge of the bridge special fund, the transportation special fund, or other property made by an issuing enterprise or by any person or governmental unit with which an issuing enterprise contracts shall be valid and binding from the time the pledge is made. The pledged special fund or other pledged property shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party regardless of whether the claiming party has notice of the lien. The instrument by which the pledge is created need not be recorded or filed.

(f) Neither the members of the board of an issuing enterprise, employees of the issuing enterprise, nor any person executing the bonds shall be liable personally on the bonds or subject to any personal liability by reason of the issuance thereof.

(g) An issuing enterprise may purchase its bonds out of any available moneys and may hold, pledge, cancel, or resell such bonds subject to and in accordance with agreements with the holders thereof.

(2) An issuing enterprise may invest or deposit any proceeds and any interest from the sale of bonds in the manner provided by part 6 of article 75 of title 24, C.R.S. In addition, an issuing enterprise may direct a corporate trustee that holds such proceeds and any interest to invest or deposit such proceeds and any interest in investments or deposits other than those specified by said part 6 if the board of the issuing enterprise determines, by resolution, that the investment or deposit meets the standard established in section 15-1-304, C.R.S., the income is at least comparable to income available on investments or deposits specified by said part 6, and the investment will assist the issuing enterprise in the completion of a designated bridge project or other authorized surface transportation infrastructure project.

(3) All banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any moneys within their control in any bonds issued under this part 8. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public moneys in such bonds only if the bonds satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.

(4) The income or other revenues of the bridge enterprise and the transportation enterprise, all properties at any time owned by either enterprise, bonds issued by either enterprise, and the transfer of and the income from any bonds issued by either enterprise shall be exempt from all taxation and assessments in the state. In the resolution or indenture authorizing the bonds, the issuing enterprise may waive the exemption from federal income taxation for interest on the bonds. Bonds issued by an issuing enterprise shall be exempt from the provisions of article 51 of title 11, C.R.S.
C.R.S. § 43-4-1301 — CO Code / Title 43 / Article 4 / Part 13 / Section 43-4-1301
43-4-1301. Legislative declaration
Status: in_force

43-4-1301. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Rapid and continuing growth in retail deliveries made by motor vehicles and in prearranged rides arranged through transportation network companies has increased and will continue to increase traffic congestion and air pollution from motor vehicle emissions, along with the adverse environmental and health impacts that result from such pollution, in nonattainment areas, including but not limited to disproportionately impacted communities and communities adjacent to highways;

(b) It is necessary and appropriate to offset and mitigate these impacts by creating a nonattainment area air pollution mitigation enterprise that has the business purpose of providing funding for eligible projects that reduce traffic congestion, including demand management projects that encourage alternatives to driving alone, and thereby reduce travel delays, engine idle time, and unproductive fuel consumption or that directly reduce emissions by means such as retrofitting of construction equipment;

(c) Instead of reducing the impacts of retail deliveries and prearranged rides arranged through transportation network companies, by limiting retail delivery and prearranged ride activity through regulation, it is more appropriate to continue to allow persons who receive retail deliveries and benefit from the convenience afforded by unfettered retail deliveries and to allow transportation network companies that arrange prearranged rides to continue to provide that service without undue restrictions and to instead impose a small fee on each retail delivery and prearranged ride and use fee revenue to fund necessary mitigation activities.

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

(a) The enterprise provides impact remediation services when, in exchange for the payment of air pollution mitigation per ride fees by transportation network companies and air pollution mitigation retail delivery fees by or on behalf of purchasers of tangible personal property for retail delivery, it acts as authorized by this section to mitigate the impacts of prearranged rides arranged through transportation network companies and residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions;

(b) By providing impact remediation services as authorized by this section, the nonattainment area air pollution mitigation enterprise provides a benefit to fee payers when it remediates the impacts they cause 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), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenue collected by the enterprise is generated by fees, not taxes, because the air pollution mitigation per ride fee and the air pollution mitigation retail delivery fee imposed by the enterprise as authorized by section 43-4-1303 are:

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

(II) Collected at rates that are reasonably calculated based on the impacts caused by fee payers and the cost of remediating those impacts; 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 community access retail delivery fee collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D).
C.R.S. § 43-4-805 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-805
43-4-805. Statewide bridge enterprise - creation - board - funds - powers and duties - leg
Status: repealed

43-4-805. Statewide bridge enterprise - creation - board - funds - powers and duties - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) The completion of designated bridge projects, preventative maintenance bridge projects, and tunnel projects is essential to address increasing traffic congestion and delays, hazards, injuries, and fatalities;

(b) Due to the limited availability of state and federal funding and the need to accomplish the financing, repair, reconstruction, and replacement of designated bridges; the completion of preventative maintenance bridge projects; and the completion of tunnel projects as promptly and efficiently as possible, it is necessary to create a statewide bridge and tunnel enterprise and to authorize the enterprise to:

(I) Enter into agreements with the commission or the department to finance, repair, reconstruct, and replace designated bridges, complete preventative maintenance bridge projects, and complete tunnel projects in the state; and

(II) Impose a bridge safety surcharge, a bridge and tunnel impact fee, and a bridge and tunnel retail delivery fee at rates reasonably calculated to defray the costs of completing designated bridge projects, preventative maintenance bridge projects, and tunnel projects and distribute the burden of defraying the costs in a manner based on the benefits received by persons paying the fees and using designated bridges and tunnels and receiving retail deliveries, receive and expend revenue generated by the surcharge and fees and other money, issue revenue bonds and other obligations, contract with the state, if required approvals are obtained, to receive one or more loans of money received by the state under the terms of one or more financed purchase of an asset or certificate of participation agreements authorized by this part 8, expend revenue generated by the surcharge to repay any such loan or loans received, and exercise other powers necessary and appropriate to carry out its purposes; and

(c) The creation of a statewide bridge and tunnel enterprise is in the public interest and will promote the health, safety, and welfare of all Coloradans and visitors to the state by providing bridges and repairing, maintaining, and operating tunnels in a manner that incorporates the benefits of advanced engineering design, experience, and safety.

(2) (a) (I) The scope of the existing statewide bridge enterprise created in this subsection (2)(a)(I) in 2009 is hereby expanded to include designated bridge projects, preventative maintenance bridge projects, and surface transportation infrastructure projects for tunnels, and the name of the expanded enterprise is the statewide bridge and tunnel enterprise. The bridge enterprise is and operates as a government-owned business within the department. The commission shall serve as the bridge enterprise board and shall, with the consent of the executive director, appoint a bridge enterprise director who shall possess such qualifications as may be established by the commission and the state personnel board. The bridge enterprise director shall oversee the discharge of all responsibilities of the bridge enterprise and shall serve at the pleasure of the bridge enterprise board.

(II) The bridge enterprise and the bridge enterprise director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.

(b) The business purpose of the bridge enterprise is to finance, repair, reconstruct, and replace any designated bridge in the state, complete preventative maintenance bridge projects, and complete tunnel projects and, as agreed upon by the enterprise and the commission, or the department to the extent authorized by the commission, to maintain the bridges it finances, repairs, reconstructs, and replaces. To allow the bridge enterprise to accomplish this purpose and fully exercise its powers and duties through the bridge enterprise board, the bridge enterprise may:

(I) Impose a bridge safety surcharge, a bridge and tunnel impact fee, and a bridge and tunnel retail delivery fee as authorized by subsections (5)(g), (5)(g.5), and (5)(g.7) of this section;

(II) Issue revenue bonds payable from the revenues and other available money of the bridge enterprise pledged for their payment as authorized in section 43-4-807; and

(III) Contract with any other governmental or nongovernmental source of funding for loans or grants, including, but not limited to, one or more loans from the state of money received by the state pursuant to the terms of one or more financed purchase of an asset or certificate of participation agreements authorized pursuant to subsection (5)(r) of this section, to be used to support bridge enterprise functions.

(c) The bridge 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 revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (2)(c), the bridge enterprise shall not be subject to any provisions of section 20 of article X of the state constitution. Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with "enterprise" status under section 20 of article X of the state constitution, the general assembly finds and declares that a bridge safety surcharge, a bridge and tunnel impact fee, or a bridge and tunnel retail delivery fee imposed by the bridge enterprise as authorized by subsection (5)(g), (5)(g.5), or (5)(g.7) of this section is not a tax but is instead a fee imposed by the bridge enterprise to defray the cost of completing designated bridge projects, preventative maintenance bridge projects, and tunnel projects that the enterprise provides as a specific service to the persons upon whom the fee is imposed and at rates reasonably calculated based on the benefits received by such persons.

(3) (a) The statewide bridge and tunnel enterprise special revenue fund, referred to in this part 8 as the "bridge special fund", is hereby created in the state treasury. All revenue received by the bridge enterprise, including, but not limited to, revenue from a bridge safety surcharge imposed as authorized by subsection (5)(g) of this section, revenue from a bridge and tunnel impact fee imposed as authorized by subsection (5)(g.5) of this section, revenue from a bridge and tunnel retail delivery fee imposed as authorized by subsection (5)(g.7) of this section, and any money loaned to the enterprise by the state pursuant to subsection (5)(r) of this section, shall be deposited into the bridge special fund. The bridge enterprise board may establish separate accounts within the bridge special fund as needed in connection with any specific designated bridge project, preventative maintenance bridge project, or tunnel project. The bridge enterprise also may deposit or permit others to deposit other money into the bridge special fund, but in no event may revenue from any tax otherwise available for general purposes be deposited into the bridge special fund. The state treasurer, after consulting with the bridge enterprise board, shall invest any money in the bridge special fund, including any surplus or reserves, but excluding any proceeds from the sale of bonds or earnings on such proceeds invested pursuant to section 43-4-807 (2), that are not needed for immediate use. Such money may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.

(b) All interest and income derived from the deposit and investment of money in the bridge special fund shall be credited to the bridge special fund and, if applicable, to the appropriate designated bridge project account, preventative maintenance bridge project account, or tunnel project account. Money in the bridge special fund shall be continuously appropriated to the bridge enterprise for the purposes set forth in this part 8. All money deposited in the bridge special fund shall remain in the bridge special fund for the purposes set forth in this part 8, and no part of the bridge special fund shall be used for any other purpose.

(c) The bridge enterprise board has exclusive authority to budget and approve the expenditure of money in the bridge special fund. The bridge enterprise may expend money in the bridge special fund to pay for:

(I) Bond or loan obligations;

(II) The administration, planning, financing, repair, reconstruction, replacement, or maintenance of a designated bridge;

(III) The completion of preventative maintenance bridge projects;

(IV) The administration, planning, financing, repair, replacement, reconstruction, or maintenance of a fair-rated bridge if the repair, replacement, or reconstruction is included as part of a designated bridge project or other project involving the repair, replacement, or reconstruction of a designated bridge. 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.

(V) The completion of tunnel projects;

(VI) The acquisition of land to the extent required in connection with any designated bridge project; and

(VII) The operating costs and expenses of the bridge enterprise.

(4) The commission may transfer money from the state highway fund created in section 43-1-219 to the bridge enterprise for the purpose of defraying expenses incurred by the enterprise prior to the receipt of bond proceeds or revenue by the enterprise. The bridge 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 shall constitute a loan from the commission to the bridge enterprise and shall not be considered a grant for purposes of section 20 (2)(d) of article X of the state constitution. As the bridge enterprise receives sufficient revenues in excess of expenses, the enterprise shall reimburse the state highway fund for the principal amount of any loan from the state highway fund made by the commission plus interest at a rate set by the commission. Any money loaned from the state highway fund to the bridge enterprise pursuant to this section shall be deposited into a fund to be known as the statewide bridge and tunnel enterprise operating fund, which fund is hereby created, and shall not be deposited into the bridge special fund. Money from the bridge special fund may, however, be used to reimburse the state highway fund for the amount of any loan from the state highway fund or any interest thereon.

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

(a) To supervise and advise the bridge enterprise director;

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

(c) To issue revenue bonds, payable solely from the bridge special fund, for the purpose of paying the cost of financing, repairing, reconstructing, replacing, and maintaining designated bridges or fair-rated bridges if the fair-rated bridges are included as part of designated bridge projects or other projects pursuant to subsection (3)(c)(IV) of this section, completing preventative maintenance bridge projects, and completing tunnel projects;

(d) To acquire, hold title to, and dispose of real and personal property as necessary in the exercise of its powers and performance of its duties;

(e) To acquire, by purchase, gift, or grant, or, subject to the requirements of articles 1 to 7 of title 38, C.R.S., by condemnation, any and all rights-of-way, lands, buildings, moneys, or grounds necessary or convenient for its authorized purposes;

(f) To enter into an agreement with the commission, or the department to the extent authorized by the commission, under which the bridge enterprise agrees to finance, repair, reconstruct, replace, and, if any given agreement so specifies, maintain a designated bridge or a fair-rated bridge if the fair-rated bridge is included as part of a designated bridge project or other project pursuant to subsection (3)(c)(IV) of this section;

(g) (I) As necessary for the achievement of its business purpose, to impose a bridge safety surcharge, which, except as otherwise provided in subsections (5)(g)(III) and (5)(g)(VII) of this section, is imposed on and after July 1, 2009, for any registration period that commences on or after July 1, 2009, or on and after such later date as may be determined by the bridge enterprise, for any registration period that commences on or after the later date, upon the registration of any vehicle for which a registration fee must be paid pursuant to part 3 of article 3 of title 42 and is also imposed upon any item of special mobile machinery that is covered by a registration exempt certificate issued by the department of revenue in accordance with section 42-3-107 (16)(g). Except as otherwise provided in subsections (5)(g)(IV), (5)(g)(V), and (5)(g)(VI) of this section, the amount of the surcharge must not exceed:

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

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

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

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

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

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

(III) The bridge safety surcharge shall not be imposed on any rental vehicle on which a daily vehicle rental fee is imposed pursuant to section 43-4-804 (1)(b).

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

(V) The maximum amount of the bridge safety surcharge that the bridge enterprise may impose pursuant to subparagraph (I) of this paragraph (g) for any annual vehicle registration period commencing during the 2009-10 fiscal year shall be one-half of the maximum amount of the surcharge specified in said subparagraph (I), and the maximum amount of the bridge safety surcharge that the bridge enterprise may impose pursuant to subparagraph (I) of this paragraph (g) for any vehicle registration period commencing during the 2010-11 fiscal year shall be seventy-five percent of the maximum amount of the surcharge specified in said subparagraph (I).

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

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

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

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

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

(g.5) (I) In furtherance of its business purpose, to impose a bridge and tunnel impact fee to be paid in the amount imposed by the bridge enterprise as authorized by subsection (5)(g.5)(II) or (5)(g.5)(III) of this section by each distributor of special fuel, as defined in section 43-4-217 (2)(c), that pays the excise tax imposed on special fuel pursuant to article 27 of title 39, at the same time and in the same manner as the excise tax and the road usage fee imposed pursuant to section 43-4-217 (3) and (4). For the purpose of minimizing compliance costs for distributors and administrative costs for the state, the department of revenue shall collect and administer the bridge and tunnel impact fee on behalf of the bridge enterprise in the same manner in which it collects and administers the excise tax and the road usage fee imposed pursuant to section 43-4-217 (3) and (4).

(II) For each gallon of special fuel acquired, sold, offered for sale, or used in this state during state fiscal years 2022-23 through 2031-32, the bridge enterprise shall impose the bridge and tunnel impact fee in an amount of up to:

(A) Two cents per gallon for state fiscal year 2022-23;

(B) Three cents per gallon for state fiscal year 2023-24;

(C) Four cents per gallon for state fiscal year 2024-25;

(D) Five cents per gallon for state fiscal year 2025-26;

(E) Six cents per gallon for state fiscal year 2026-27;

(F) Seven cents per gallon for state fiscal year 2027-28; and

(G) Eight cents per gallon for state fiscal years 2028-29 through 2031-32.

(III) For each gallon of special fuel acquired, sold, offered for sale, or used in this state during state fiscal year 2032-33 or during any subsequent state fiscal year, the bridge enterprise shall impose the bridge and tunnel impact fee in an amount of up to the maximum amount of the fee for the prior state fiscal year adjusted for inflation. The bridge enterprise shall notify the department of revenue of the amount of the bridge and tunnel impact fee to be collected for 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.

(IV) As used in this subsection (5)(g.5), "inflation" means the average annual percentage change in the United States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an adjustment to the bridge and tunnel impact fee imposed as authorized by this subsection (5)(g.5) is to be made begins.

(g.7) (I) In furtherance of its business purpose, beginning in state fiscal year 2022-23, the bridge enterprise shall impose, and the department of revenue shall collect on behalf of the bridge enterprise, a bridge and tunnel retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the bridge and tunnel 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 bridge and tunnel retail delivery fee on behalf of the bridge enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).

(II) For retail deliveries of tangible personal property purchased during state fiscal year 2022-23, the bridge enterprise shall impose the bridge and tunnel retail delivery fee in a maximum amount of two and seven-tenths cents.

(III) (A) Except as otherwise provided in subsection (5)(g.7)(III)(B) 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 bridge enterprise shall impose the bridge and tunnel retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The bridge enterprise shall notify the department of revenue of the amount of the bridge and tunnel retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.

(B) The bridge enterprise is authorized to adjust the amount of the bridge and tunnel 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.

(IV) As used in this subsection (5)(g.7):

(A) "Inflation" means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to be made to the bridge and tunnel retail delivery fee imposed pursuant to this subsection (5)(g.7) begins.

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

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

(h) To make and enter into contracts or agreements with a private entity, to facilitate a public-private initiative pursuant to sections 43-1-1203 and 43-1-1204, including, but not limited to:

(I) An agreement pursuant to which the bridge enterprise or the enterprise on behalf of the department operates, maintains, or provides services or property in connection with a designated bridge project, preventative maintenance bridge project, or tunnel project;

(II) An agreement pursuant to which a private entity designs, develops, constructs, reconstructs, repairs, operates, or maintains all or any portion of a designated bridge project on behalf of the bridge enterprise; and

(III) An agreement pursuant to which a private entity participates in or completes a preventative maintenance bridge project or tunnel project.

(i) To make and to enter into all other contracts or agreements, including, but not limited to, design-build contracts, as defined in section 43-1-1402 (3), and intergovernmental agreements pursuant to section 29-1-203, C.R.S., that are necessary or incidental to the exercise of its powers and performance of its duties;

(j) To employ or contract for the services of consulting engineers or other experts as are necessary in its judgment to carry out its powers and duties;

(k) To prepare, or cause to be prepared, detailed plans, specifications, or estimates for any designated bridge project, preventative maintenance bridge project, or tunnel project within the state;

(l) In connection with any designated bridge project, to acquire, finance, repair, reconstruct, replace, operate, and maintain any designated bridge within the state or any fair-rated bridge if the fair-rated bridge is included as part of a designated bridge project pursuant to subsection (3)(c)(IV) of this section;

(m) To set and adopt, on an annual basis, a budget for the bridge enterprise;

(n) To purchase, trade, exchange, acquire, buy, sell, lease, dispose of, or encumber real or personal property or any interest therein, including easements and rights-of-way, without restriction or limitation;

(o) To enter into interest rate exchange agreements for bonds that have been issued in accordance with article 59.3 of title 11, C.R.S.;

(p) Pursuant to section 24-1-107.5, to establish, create, and approve nonprofit entities and bonds issued by or on behalf of such nonprofit entities for the purpose of completing a designated bridge project, preventative maintenance bridge project, or tunnel project, to accept the assets of any such nonprofit entity, to obtain an option to acquire the assets of any such nonprofit entity by paying its bonds, to appoint or approve the appointment of members of the governing board of any such nonprofit entity, and to remove the members of the governing board of any such nonprofit entity for cause;

(q) To transfer money, property, or other assets of the bridge enterprise to the department to the extent necessary to implement the financing of any designated bridge project, preventative maintenance bridge project, or tunnel project, or for any other purpose authorized in this part 8;

(r) (I) To contract with the state to borrow money under the terms of one or more loan contracts entered into by the state and the bridge enterprise pursuant to subsection (5)(r)(III) of this section, to expend any money borrowed from the state for the purpose of completing designated bridge projects, preventative maintenance bridge projects, and tunnel projects and for any other authorized purpose that constitutes the construction, supervision, and maintenance of the public highways of this state for purposes of section 18 of article X of the state constitution, and to use revenue generated by any bridge safety surcharge, bridge and tunnel impact fee, or bridge and tunnel retail delivery fee imposed pursuant to subsection (5)(g), (5)(g.5), or (5)(g.7) of this section and any other legally available money of the bridge enterprise to repay the money borrowed and any other amounts payable under the terms of the loan contract.

(II) If the bridge enterprise board seeks to enter into a contract to borrow money from the state as authorized by subsection (5)(r)(I) of this section, the board shall provide the governor with a list of designated bridge projects, preventative maintenance bridge projects, or tunnel projects to be financed with the borrowed money and a statement of both the total amount of the loan requested and the estimated amount of the loan that will be used to fund each project on the list. If the governor determines, in the governor's sole discretion, that lending money to the bridge enterprise as requested by the enterprise, or lending a lesser amount of money to the enterprise, is in the best interest of the state, the governor, after consultation with the executive director of the department of personnel and the state treasurer, shall prepare and provide to the state treasurer a list of state buildings or other state capital facilities that the state, acting by and through the state treasurer, may sell or lease and lease back pursuant to the terms of one or more financed purchase of an asset or certificate of participation agreements that the state, acting by and through the state treasurer, may enter into pursuant to subsection (5)(r)(III) of this section. When providing the list, the governor shall also specify to the state treasurer the maximum permitted principal amount of any loan that may be made to the bridge enterprise under the terms of any loan contract that the state, acting by and through the state treasurer, may enter into pursuant to subsection (5)(r)(III)(A) of this section.

(III) (A) If the state treasurer receives a list from the governor pursuant to subsection (5)(r)(II) of this section, the state, acting by and through the state treasurer, may enter into a loan contract with the bridge enterprise and may raise the money needed to make a loan pursuant to the terms of the loan contract by selling or leasing one or more of the state buildings or other state capital facilities on the list. The state treasurer shall have sole discretion to enter into a loan contract on behalf of the state and to determine the amount of a loan; except that the principal amount of a loan shall not exceed the maximum amount specified by the governor pursuant to subsection (5)(r)(II) of this section. The state treasurer shall also have sole discretion to determine the timing of the entry of the state into any loan contract or the sale or lease of one or more state buildings or other state capital facilities. The loan contract shall require the bridge enterprise to pledge to the state all or a portion of the revenues of any bridge safety surcharge, bridge and tunnel impact fee, or bridge and tunnel retail delivery fee imposed pursuant to subsection (5)(g), (5)(g.5), or (5)(g.7) of this section for the repayment of the loan and may also require the bridge enterprise to pledge to the state any other legally available revenue of the bridge enterprise. Any loan contract entered into by the state, acting by and through the state treasurer, and the bridge enterprise pursuant to this subsection (5)(r)(III)(A) and any pledge of revenue by the bridge enterprise pursuant to such a loan contract shall be only for the benefit of, and enforceable only by, the state and the bridge enterprise. Specifically, but without limiting the generality of said limitation, no such loan contract or pledge shall be for the benefit of, or enforceable by, a seller under a financed purchase of an asset or certificate of participation agreement entered into pursuant to this subsection (5)(r)(III), an owner of any instrument evidencing rights to receive rentals or other payments made and to be made under such a financed purchase of an asset or certificate of participation agreement as authorized by subsection (5)(r)(IV)(B) of this section, a party to any ancillary agreement or instrument entered into pursuant to subsection (5)(r)(V) of this section, or a party to any interest rate exchange agreement entered into pursuant to subsection (5)(r)(VII)(A) of this section.

(B) The state, acting by and through the state treasurer, may enter into one or more financed purchase of an asset or certificate of participation agreements with respect to the state buildings or other capital facilities sold or leased pursuant to subsection (5)(r)(III)(A) of this section with any for-profit or nonprofit corporation, trust, or commercial bank acting as a trustee, as the seller.

(C) Any financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section shall provide that all of the obligations of the state under the agreement shall be subject to the action of the general assembly in annually making money available for all payments thereunder.

(D) Any financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section shall also provide that the obligations of the state under the agreement shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of this state concerning or limiting the creation of indebtedness by the state, and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4)(a) of article X of the state constitution. If the state does not renew a financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section, the sole security available to the seller shall be the property that is the subject of the nonrenewed financed purchase of an asset or certificate of participation agreement.

(IV) (A) Any financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section may contain such terms, provisions, and conditions as the state treasurer, acting on behalf of the state, may deem appropriate, including all optional terms; except that each financed purchase of an asset or certificate of participation agreement shall specifically authorize the state to receive fee title to all real and personal property that is the subject of the financed purchase of an asset or certificate of participation agreement on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement upon payment of all amounts payable under the terms of the financed purchase of an asset or certificate of participation agreement and any amount required to be paid to remove liens or encumbrances on or claims with respect to the property that is the subject of the financed purchase of an asset or certificate of participation agreement, including, but not limited to, liens, encumbrances, or claims relating to any ancillary agreement or instrument entered into pursuant to subsection (5)(r)(VII)(A) of this section. Any title to such property received by the state on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement shall be held for the benefit and use of the state.

(B) Any financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section may provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the financed purchase of an asset or certificate of participation agreement. The instruments may be issued, distributed, or sold only by the seller or any person designated by the seller and not by the state. The instruments shall not create a relationship between the purchasers of the instruments and the state or create any obligation on the part of the state to the purchasers. The instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the law of the state concerning or limiting the creation of indebtedness of the state and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4)(a) of article X of the state constitution.

(C) Interest paid under a financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section, including interest represented by the instruments, shall be exempt from state income tax.

(V) The state, acting by and through the state treasurer, may enter into ancillary agreements and instruments deemed necessary or appropriate in connection with a financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section, including but not limited to deeds, leases, sub-leases, easements, or other instruments relating to the real property on which the facilities are located or an agreement entered into pursuant to subsection (5)(r)(VII) of this section.

(VI) The provisions of section 24-30-202 (5)(b) shall not apply to a financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section or any ancillary agreement or instrument or interest rate exchange agreement entered into pursuant to subsection (5)(r)(V) or (5)(r)(VII)(A) of this section. Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable with respect to such a financed purchase of an asset or certificate of participation agreement, ancillary agreement or instrument, or interest rate exchange agreement may be waived by the controller or his or her designee.

(VII) (A) Prior to executing a financed purchase of an asset or certificate of participation agreement pursuant to subsection (5)(r)(III)(B) of this section, in order to protect against future interest rate increases, the lessor under any financed purchase of an asset or certificate of participation agreement or the state, acting by and through the state treasurer and at the discretion of the state treasurer, may enter into an interest rate exchange agreement in accordance with article 59.3 of title 11. A financed purchase of an asset or certificate of participation agreement entered into pursuant to subsection (5)(r)(III)(B) of this section shall be a proposed public security for the purposes of article 59.3 of title 11.

(B) Any agreement entered into pursuant to this subparagraph (VII) shall also provide that the obligations of the state shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of this state concerning or limiting the creation of indebtedness by the state and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4)(a) of article X of the state constitution.

(C) Any money received by the state under an agreement entered into pursuant to this subsection (5)(r)(VII) shall be used to make payments on financed purchase of an asset or certificate of participation agreements entered into pursuant to subsection (5)(r)(III)(A) of this section.

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

(6) Repealed.
C.R.S. § 43-1-120 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-120
43-1-120. Bicycle and pedestrian policy - codification - legislative declaration
Status: in_force

43-1-120. Bicycle and pedestrian policy - codification - legislative declaration. (1) The general assembly hereby finds and declares that:

(a) It is in the best interest of all Coloradans to promote transportation mode choice by enhancing safety and mobility for bicyclists and pedestrians on or along the state highway system;

(b) The department has adopted a bike and pedestrian policy directive to further this goal; and

(c) It is necessary and appropriate to elevate the status of the bike and pedestrian policy of the department to that of law by codifying it in subsection (2) of this section.

(2) (a) The department and its subdivisions shall provide transportation infrastructure that accommodates bicycle and pedestrian use of public streets in a manner that is safe and reliable for all users of public streets.

(b) The needs of bicyclists and pedestrians shall be included in the planning, design, and operation of transportation facilities as a matter of routine.

(c) Any decision of the department to not accommodate the needs of bicyclists and pedestrians shall be documented based on exemption criteria that were established by the commission before the decision was made.
C.R.S. § 43-1-412 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-412
43-1-412. Notice of noncompliance - removal authorized
Status: in_force

43-1-412. Notice of noncompliance - removal authorized. (1) Any outdoor advertising device which does not comply with this part 4 and the rules and regulations issued by the department shall be subject to removal as provided in this section.

(2) (a) If no permit has been obtained for the advertising device as required by this part 4, the department shall give written notice by certified mail to the owner of the property on which the advertising device is located informing the landowner that the device is illegal and requiring the landowner within sixty days of receipt of the notice to remove the device, execute an affidavit under the penalty of perjury as evidence that said device is not an advertising device as defined in section 43-1-403 (1), or obtain a proper permit. The written notice must advise the owner of the right to request the department to conduct a hearing.

(b) If no application for renewal of a permit is received by the department as required by this part 4, the department shall give written notice by certified mail to the permittee requiring him within sixty days of receipt of the notice to apply for a renewal permit and pay an additional late fee of fifty dollars or remove the advertising device and advising him of the right to request the department to conduct a hearing.

(c) If the department determines that an application for renewal permit should be denied or that an existing permit should be revoked, the department shall give written notice by certified mail to the applicant or permittee specifying in what respect he has failed to comply with the requirements of this part 4 and requiring him within sixty days of receipt of the notice to remove the device or correct the violation if correction is permissible pursuant to this part 4 and advising him of the right to request the department to conduct a hearing.

(3) A request for a hearing shall be made in writing and must be received by the department no later than sixty days after receipt of notice. Such hearings shall be held pursuant to the "State Administrative Procedure Act".

(4) After the sixty-day notice period has expired, the department is authorized to make a determination with or without hearing that the device is or is not in compliance with this part 4. If the department determines the device is not in compliance with this part 4 and the rules and regulations promulgated under this part 4, it shall issue an order setting forth the provisions violated, the facts alleged to constitute the violation, and the time by which the device must be removed at the party's expense. The order shall be served upon the party by certified mail.

(5) If the party does not remove the device as ordered, the department is authorized to remove the device forthwith. If the landowner does not consent to entry upon the land by the department to remove the device and no party has sought judicial review pursuant to the "State Administrative Procedure Act", the department may apply to a court of competent jurisdiction for an order allowing the department to enter upon the land for the purpose of removing the device forthwith. The court shall issue such order upon proof the device has not been removed and judicial review has not been sought.

(6) Upon removal of an advertising device pursuant to this section, neither the owner of the property upon which the advertising device was erected nor the department shall be liable in damages to anyone who claims to be the owner of the advertising device who has not obtained a permit. The department shall not be responsible for damages otherwise created by the removal of said advertising device or for its destruction subsequent to removal.
C.R.S. § 43-1-118 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-118
43-1-118. Employees - duties
Status: in_force

43-1-118. Employees - duties. All employees of the department not otherwise provided for in this part 1 shall be employed and shall serve pursuant to the constitution and laws of the state. They shall have such powers and shall perform such duties as may be assigned to them by the chief engineer, by the executive director, or by the director of their respective divisions.
C.R.S. § 43-1-1604 — CO Code / Title 43 / Article 1 / Part 16 / Section 43-1-1604
43-1-1604. Rules
Status: in_force

43-1-1604. Rules. The executive director shall promulgate rules in accordance with article 4 of title 24, C.R.S., to implement this part 16.
C.R.S. § 43-4-302 — CO Code / Title 43 / Article 4 / Part 3 / Section 43-4-302
43-4-302. Powers of commission - contracts approval
Status: in_force

43-4-302. Powers of commission - contracts approval. The transportation commission is authorized to enter into contracts with the federal government, the state of Colorado and any of its institutions and agencies, counties, municipalities, districts, and any other political subdivisions of the state, and any department, agency, or instrumentality thereof, or any political or public corporation of the state or with private investors necessary or incident to the performance of its duties and execution of its powers under this section; except that any contract relating to the financing of any such construction, improvement, and reconstruction of highways and bridges shall be approved by the governor before the same becomes effective.
C.R.S. § 43-4-512 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-512
43-4-512. Referendum
Status: in_force

43-4-512. Referendum. No action by an authority to establish or increase any annual motor vehicle registration fee authorized by this part 5 shall take effect unless first submitted to a vote of the registered electors of that portion of the combination in which the fee is proposed to be collected at a general election, or a special election to be held on the first Tuesday after the first Monday in February, May, October, or December. Such action shall not take effect unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections, and the county clerk and recorder of each county in which the election is conducted shall assist the authority in conducting the election. The authority shall pay the costs incurred by each county in conducting such an election. No moneys of the authority may be used to urge or oppose passage of an election to establish or increase any annual motor vehicle registration fee authorized by this part 5.
C.R.S. § 43-4-205 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-205
43-4-205. Allocation of fund
Status: repealed

43-4-205. Allocation of fund. (1) The moneys in the highway users tax fund shall be apportioned monthly. The apportionment may be made by the state treasurer based upon estimates from the department of revenue on current monthly collections of highway users taxes, with monthly reconciliation of the state, county, and municipal accounts in each successive month. The department of revenue shall provide estimates to the state treasurer by the seventh working day of each month. The state treasurer shall apportion the funds within five working days of receiving estimates from the department of revenue.

(2) to (4) Repealed.

(5) Revenues raised by the excise tax imposed on gasoline and special fuel pursuant to sections 39-27-102 and 39-27-102.5, C.R.S., equal to the first seven cents per gallon of such tax shall be placed in the highway users tax fund to be allocated as follows:

(a) Sixty-five percent of such revenue shall be paid to the state highway fund and shall be expended as provided in section 43-4-206.

(b) Twenty-six percent of such revenue shall be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in section 43-4-207.

(c) Nine percent of such revenue shall be paid to cities and incorporated towns within the limits of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in section 43-4-208 (2).

(5.5) The following highway users tax fund revenues shall be allocated and expended in accordance with the formula specified in subsection (5) of this section:

(a) Revenues from fines, penalties, or forfeitures that are credited to the fund pursuant to sections 18-4-509 (2)(a), 39-27-104 (1)(g), 42-1-217 (1)(a), (1)(b), (1)(d), (1)(e), and (2), 42-4-225 (3), and 42-4-235 (2)(a);

(b) Revenues from motor vehicle license plate, identification plate, and placard fees that are credited to the fund pursuant to section 42-4-202 (4)(d) and article 3 of title 42, C.R.S.;

(c) Revenues from driver's license fees, motor vehicle title and registration fees, and motorist insurance identification fees that are credited to the fund pursuant to sections 42-2-132 (4)(b) and 42-3-306 (6) and (7), including any of those fees that are paid by the owner of special mobile machinery that is covered by a registration exempt certificate issued by the department in accordance with section 42-3-107 (16)(g);

(d) Revenues from the imposition of passenger-mile taxes on vehicles, any additional penalties or interest imposed thereon, or any fee or payment substituted therefor that is imposed pursuant to sections 42-3-304 (13), 42-3-306 (11)(a) and (11)(b), and 42-3-308 (5), C.R.S., and credited to the fund pursuant to section 43-4-203 (1)(c);

(e) Revenues from sales of abandoned motor vehicles that are credited to the fund pursuant to sections 42-4-1809 (2)(d) and 42-4-2108 (2)(c), C.R.S.;

(f) Revenues from fees that are credited to the fund pursuant to section 42-3-311 (1), C.R.S., and that exceed the amount of appropriations made from the fund pursuant to those sections for the purpose of defraying specified administrative expenses;

(g) Revenues from interest or income earned on the deposit and investment of moneys in the fund; and

(h) Revenues from any source that are credited to the fund, but not to any specific account within the fund, the allocation and expenditure of which is not otherwise specified by law.

(6) Revenue raised by the excise tax imposed on gasoline and special fuel pursuant to sections 39-27-102 and 39-27-102.5 in excess of seven cents per gallon of tax shall be placed in the highway users tax fund to be allocated as follows; except that revenue raised by the excise tax imposed on gasoline in excess of eighteen cents per gallon of tax shall be allocated according to subsection (6)(b) of this section:

(a) Sixteen percent of such revenue shall be deposited in a special account within the highway users tax fund until July 1, 1997, and shall be expended only for highway bridge repair, replacement, or posting, pursuant to provisions of paragraph (a) of subsection (7) of this section.

(b) The remaining balance of such revenue may be expended only for improvements to highways within the state, including new construction, safety improvements, maintenance, and capacity improvements, and for other transportation-related projects to the extent authorized by subsection (6.8) of this section and sections 43-4-206 (3), 43-4-207 (1), and 43-4-208 (1), and may not be expended for administrative purposes. Such revenue is allocated as follows:

(I) Sixty percent of such revenue shall be paid to the state highway fund and shall be expended as provided in section 43-4-206.

(II) Twenty-two percent of such revenue shall be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in section 43-4-207.

(III) Eighteen percent of such revenue shall be paid to the cities and incorporated towns, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in section 43-4-208 (2)(b) and (6)(a).

(6.3) Revenues from the surcharges, fees, and fines credited to the highway users tax fund pursuant to section 43-4-804 (1) shall be allocated and expended in accordance with the formula specified in paragraph (b) of subsection (6) of this section.

(6.4) Money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II) is allocated and expended as follows:

(a) Fifty percent of the money is paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and allocated and expended as provided in section 43-4-207; and

(b) Fifty percent of the money is paid to the cities and incorporated towns, subject to annual appropriation by the general assembly, and allocated and expended as provided in section 43-4-208 (2) and (6)(a).

(6.5) (a) Except as otherwise provided in subsections (6.4) and (6.7) of this section, the revenue accrued to and transferred to the highway users tax fund pursuant to section 24-75-219 or 39-26-123 (4)(a) or appropriated to the highway users tax fund pursuant to House Bill 02-1389, enacted in 2002, must be paid to the state highway fund for allocation to the department of transportation and expended as provided in section 43-4-206 (2).

(b) Repealed.

(c) (Deleted by amendment, L. 2005, p. 296, § 61, effective August 8, 2005.)

(d) Repealed.

(6.6) (Deleted by amendment, L. 2009, (SB 09-228), ch. 410, p. 2270, § 24, effective July 1, 2009.)

(6.7) Money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(b.5) must be allocated and expended in accordance with the formula specified in subsection (6)(b) of this section.

(6.8) (a) Revenue from the electric motor vehicle fee, the electric motor vehicle road usage equalization fee, and the commercial electric motor vehicle fee imposed pursuant to section 42-3-304 (25) that is credited to the highway users tax fund as required by section 42-3-304 (25)(a), (25)(a.5), and (25)(a.7) and revenue from the road usage fees imposed pursuant to section 43-4-217 (3) and (4) that is credited to the highway users tax fund as required by section 43-4-217 (8) must be allocated and expended in accordance with the formula specified in subsection (6)(b) of this section.

(b) (I) Revenue from the retail delivery fee imposed pursuant to section 43-4-218 (3) that is credited to the highway users tax fund as required by section 43-4-218 (5)(a)(I) must be allocated and expended as follows:

(A) Forty percent must be paid to the state highway fund and expended as provided in section 43-4-206;

(B) Thirty-three percent must be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and allocated and expended as provided in section 43-4-207; and

(C) Twenty-seven percent must be paid to the cities and incorporated towns, subject to annual appropriation by the general assembly, and must be allocated and expended as provided in section 43-4-208 (2)(b) and (6)(a).

(II) Revenue from the retail delivery fee may be expended for the purposes specified in subsection (6)(b) of this section and may also be expended for transit-related projects needed to integrate different transportation modes within a multimodal transportation system.

(c) Money received by the state from the federal coronavirus state fiscal recovery fund and transferred to the highway users tax fund pursuant to section 24-75-219 (7)(a)(III) and money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (7)(b.5)(II) must be allocated and expended as follows:

(I) Fifty-five percent must be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and allocated and expended as provided in section 43-4-207;

(II) Forty-five percent must be paid to the cities and incorporated towns, subject to annual appropriation by the general assembly, and must be allocated and expended as provided in section 43-4-208 (2)(b) and (6)(a).

(7) (a) Revenues accumulated in the special account for highway bridges, as provided in paragraph (a) of subsection (6) of this section, shall be allocated at least once each year among state, counties, and municipal highway systems based on total cost needs under the criteria developed by means of the most current report of the federal bridge inventory program. For the fiscal year commencing on July 1, 1981, the allocation shall be determined in accordance with needs developed by October 1, 1981. In subsequent fiscal years, the allocation shall be determined in accordance with needs reports available on January 1, 1982, and January 1 of each subsequent year, with the allocation amounts to be effective on July 1 of each year. After allocation of the state share of the special bridge account, the share for the counties and municipalities shall be allocated, subject to annual appropriation by the general assembly, based upon need as determined by the special highway committee which shall be composed of four representatives each from counties and municipalities. Allocations to local governments shall require a minimum of twenty percent of local matching funds from revenues other than the special bridge account within the highway users tax fund.

(b) Repealed.

(8) to (12) Repealed.

(13) All of the additional revenues which are credited to the highway users tax fund as a result of the enactment of House Bill No. 1012 at the first extraordinary session of the fifty-seventh general assembly shall be expended only for improvements to highways within the state, including new construction, safety improvements, maintenance, and capacity improvements. No moneys shall be expended for administrative purposes.
C.R.S. § 43-2-112 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-112
43-2-112. Condemnation for county roads
Status: in_force

43-2-112. Condemnation for county roads. (1) The board of county commissioners on its own initiative may lay out, widen, alter, or change any county road, and the board of county commissioners shall cause the county road supervisor of the respective county to survey the proposed road and make a written report to the board of county commissioners of the county, describing the proposed road to be laid out, opened, or changed, as the case may be, and the portions of land of each landowner to be taken for that purpose, said report to be accompanied by a map showing the present and proposed boundaries of the portion of the county road to be established, opened, or changed, together with an estimate of the damages and benefits accruing to each landowner whose land may be affected thereby. If, upon receipt of such report, the board of county commissioners decides that public interest or convenience will be subserved by the proposed change, said board shall certify such proposal to the transportation commission and cause a plat to be filed in the office of the county clerk and recorder in a book kept for that purpose.

(2) The board of county commissioners shall tender to each landowner the amount of damages as estimated and approved by the board, and the board may designate any person to act as its agent in making such tender. In estimating the amount of damages to be tendered, due account shall be taken of any benefits which will accrue to the landowner by the proposed action; but the amount of benefit shall not in any case exceed the amount of damages awarded. Any person owning land or having interest in land over which any proposed county road extends, who is of the opinion that such tender is inadequate, may personally, or by agent or attorney, on or before ten days from the date of such tender, file a written request addressed to the board of county commissioners of said county for a jury to ascertain the compensation which he may be entitled to by reason of damages sustained therefrom. Thereupon, the board of county commissioners shall proceed in the acquisition of such premises under articles 1 to 7 of title 38, C.R.S. The board of county commissioners also has the power and is authorized to proceed in the acquisition of lands of private persons for county roads, under and according to articles 1 to 7 of title 38, C.R.S., in the first instance without tender or other proceedings under this part 1.
C.R.S. § 43-4-212 — CO Code / Title 43 / Article 4 / Part 2 / Section 43-4-212
43-4-212. Payment of balances
Status: in_force

43-4-212. Payment of balances. After the state treasurer has made a payment to a county, city, or incorporated town based on his estimate, and the number of vehicles registered in the county, city, or incorporated town is available to the state treasurer, he shall compute the balance due and pay such balance to each of the counties, cities, or incorporated towns to which such payments have been made in the same manner as provided in this part 2.
C.R.S. § 43-1-420 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-420
43-1-420. Specific information signs and tourist-oriented directional signs authorized - r
Status: repealed

43-1-420. Specific information signs and tourist-oriented directional signs authorized - rules. (1) (a) The department may erect, administer, and maintain signs within highway rights-of-way for the display of advertising and information of interest to the traveling public, pursuant to the federal authority set forth in 23 U.S.C. secs. 109 (d), 131 (f), and 315 and 49 CFR 1.48 (b).

(b) In addition to erecting, administering, and maintaining the signs authorized by paragraph (a) of this subsection (1), the department may authorize the erection, administration, and maintenance of specific information signs within highway rights-of-way upon the interstate system for the purpose of providing information pursuant to federal authority.

(1.5) As used in this section, "urbanized area" means that area within the boundary of a metropolitan area having a population of fifty thousand or more as determined by the United States bureau of the census in its latest census and as included on the urbanized area map approved by the department.

(2) The department may issue permits for business signs to be installed on specific information signs, all such specific information signs and business signs to be constructed and installed at the expense of the business being identified unless otherwise specified by a contractor in an agreement negotiated pursuant to section 43-1-1202 (1)(a)(XI). Permits for such business signs shall be issued for a period of one year, beginning each January 1, without proration for periods less than a year. Each application for an initial permit or for a renewal of an existing permit shall be accompanied by an administration and maintenance fee to be determined by the department or by the contractor in an agreement negotiated pursuant to section 43-1-1202 (1)(a)(XI). In the event that the number of applications for permits for a particular location exceeds the number of business signs that can be accommodated at that location, the department or, if so specified in an agreement negotiated pursuant to section 43-1-1202 (1)(a)(XI), the contractor, shall develop a method for the annual rotation of such business signs. The department shall not condition eligibility for business signs on the utilization of any other off-premise outdoor advertising devices.

(3) The department may issue permits and adopt rules for the erection, administration, and maintenance of tourist-oriented directional signs within highway rights-of-way not on the interstate system and not on freeways or expressways, as such highways are defined in the rules, that are in urbanized areas, for the display of information of interest to the traveling public pursuant to the federal authority therefor as set forth in 23 U.S.C. secs. 109 (d), 315, and 402 (a) and 49 CFR 1.48 (b) and in accordance with federal requirements. Any tourist-oriented directional sign erected pursuant to this subsection (3) shall be required to comply with all applicable regulations of the county, city and county, or municipality in which the sign is located. A county, city and county, or municipality may choose to authorize such signs within its jurisdiction by adoption of a resolution to that effect by the governing body of the county, city and county, or municipality, which resolution shall be directed to the executive director of the department or the executive director's designee. Upon receipt of the resolution, the department shall authorize further implementation of the tourist-oriented directional sign program within the affected jurisdiction subject to the rules adopted by the department. The department shall not condition eligibility for business signs on the utilization of any other off-premise outdoor advertising devices.

(4) The department may contract with private businesses to implement all or part of the sign programs authorized by this section pursuant to the public-private initiatives program set forth in part 12 of this article.

(5) Repealed.
C.R.S. § 43-4-508 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-508
43-4-508. Value capture areas
Status: in_force

43-4-508. Value capture areas. (1) The board may establish one or more value capture areas within its boundaries to facilitate the financing and construction, operation, or maintenance of public highways within or without the boundaries of the authority. Such value capture areas may be established by the board whenever the market value of any area within the boundaries of the authority, in the opinion of the board, will increase as a result of the financing, construction, operation, or maintenance of a public highway.

(2) Prior to the creation of a value capture area, the board shall prepare a value capture plan which shall identify the public highway to be financed, constructed, operated, or maintained, the property to be included in the value capture area, the period of time which the value capture area shall be in effect, and the portion of the property taxes or sales taxes levied or collected within the value capture area which will be retained by the authority during the period the value capture area remains in effect. A copy of the value capture plan shall be submitted to the division, the department of revenue, and the governing body of each governmental unit which has the power to levy or impose a property tax or sales tax within the boundaries of the proposed value capture area. Not less than twenty days prior to the hearing on the value capture plan, notice of the time and place of the hearing on the value capture plan shall be published at least one time in a newspaper of general circulation in the proposed value capture area and shall be mailed to the division and the governmental units which receive the value capture plan.

(3) The board shall hold a hearing which shall be open to the public, and a record of the proceedings shall be made. All governmental units who receive notice of the hearing as set forth in subsection (2) of this section and each owner of property within the proposed value capture area shall be interested parties and shall be afforded an opportunity to be heard. Following the hearing, the board may approve or disapprove the value capture plan. After approval, any such value capture plan may be modified in substantially the same manner as the original approval.

(4) Any such value capture plan as originally adopted or later modified may contain a provision that property taxes, if any, levied or imposed by a governmental unit after the effective date of the value capture plan upon taxable property within the value capture area or that any sales taxes collected within said area after the effective date of the value capture plan, or all such taxes, shall be divided for a period set forth in the value capture plan after the effective date of the value capture plan, as follows:

(a) That portion of the property taxes which are produced by the levy at the rate fixed each year by or for each governmental unit upon the valuation for assessment of taxable property within the boundaries of the value capture area last certified prior to the effective date of the value capture plan, or that portion of the sales tax collected within the boundaries of the value capture area in the twelve-month period ending on the last day of the month prior to the effective date of the value capture plan, or both such portions shall be paid into the funds of each such governmental unit as are all other taxes collected by or for said governmental unit.

(b) Twenty-five percent, or such different amounts as may be agreed to by each affected governmental unit, of the amount of said property taxes or sales taxes, or both, which is in excess of the portion determined in paragraph (a) of this subsection (4) shall be allocated and, when collected, paid into a special fund of the authority for the payment of, or the funding of reserves, sinking, or other funds for the payment of, the principal of, interest on, and any premiums due in connection with the bonds of the authority incurred for the financing of a public highway. The balance, if any, of such excess shall be paid into the funds of each such governmental unit as are all other taxes collected by or for said governmental unit.

(5) In the event that there is a general reassessment of taxable property in any county, including all or part of a value capture area, or a change in the rate of the sales tax collected by a county or municipality in a value capture area, the portions of taxes specified in subsection (4) of this section shall be proportionately adjusted in accordance with such reassessment or change.

(6) When such bonds of the authority, including refunding bonds, have been paid, all taxes in such value capture area shall thereafter be paid into the funds of the respective governmental units.
C.R.S. § 43-1-128 — CO Code / Title 43 / Article 1 / Part 1 / Section 43-1-128
43-1-128. Environmental impacts of capacity projects - additional requirements - legislati
Status: in_force

43-1-128. Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) Transportation capacity projects that are intended to alleviate traffic congestion, address mobility, and improve travel time reliability by increasing the capacity of highways in major transportation corridors can cause adverse environmental impacts, including but not limited to incremental acceleration of climate change, and adverse health impacts;

(b) These impacts fall most heavily on communities adjacent to projects, including disproportionately impacted communities;

(c) To minimize the adverse environmental and health impacts of planned transportation capacity projects and address inequitable distribution of the burdens of such projects, it is necessary, appropriate, and in the best interests of the state and all Coloradans to require the department and metropolitan planning organizations, which are the state's primary transportation planning entities with responsibility for selecting and funding transportation capacity projects, to engage in an enhanced level of planning, modeling and other analysis, community engagement, and monitoring with respect to such projects as required by this section; and

(d) The requirements of this section are in addition to and shall to the extent practicable be executed concurrently with, and do not supplant, any other requirements or processes, including federal safety and state of good repair requirements, for transportation planning, project prioritization, public outreach, project implementation, or transparency and accountability that are established by law, rule, or commission or department policy.

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

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

(b) "Criteria pollutant" means carbon monoxide, ground-level ozone, lead, nitrogen dioxide, particulate matter, and sulfur dioxide.

(c) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

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

(e) "Statewide greenhouse gas pollution" has the same meaning as set forth in section 25-7-103 (22.5).

(3) Effective as of July 1, 2022, the department shall establish and propose to the commission for its review implementing procedures and guidelines that require the department and metropolitan planning organizations to take additional steps in the planning process for regionally significant transportation capacity projects to account for the impacts on the amount of statewide greenhouse gas pollution and statewide vehicle miles traveled that are expected to result from such projects. Such guidelines and procedures shall apply to adoption of the next ten-year plan and subsequent planning cycles and shall fully evaluate the potential environmental and health impacts on disproportionately impacted communities. The commission shall, with such modifications as the commission may make subject to the requirements of this section and with opportunities for public involvement, adopt the procedures and guidelines. At a minimum, both the proposed and adopted procedures and guidelines must require the department and metropolitan planning organizations to:

(a) Implement relevant rules and regulations issued pursuant to section 25-7-105;

(b) Otherwise reduce greenhouse gas emissions to help achieve the statewide greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g);

(c) Modify their guidance documents to ensure that at least the same level of analytical scrutiny is given to greenhouse gas pollutants as is given to other air pollutants of concern in the state including consideration of the impact on emissions of greenhouse gas pollutants of induced demand resulting from regionally significant transportation capacity projects alongside traffic modeling; and

(d) Consider the role of land use in the transportation planning process and develop strategies to encourage land use decisions that reduce vehicle miles traveled and greenhouse gas emissions.

(4) If a planned transportation capacity project is a regionally significant project, as determined by the department with consideration given to federal law or regulations that define or describe such projects, the department shall, through its environmental study process:

(a) Use federal environmental protection agency-approved models to determine air pollutant emission impacts for the planned project and provide monitoring and measurement of criteria pollutants prior to construction;

(b) Develop and implement a particulate matter construction plan to provide continuous monitoring and transparent public reporting of concentrations, public alerts issued as soon as possible when exceedance events occur, and action plans to address emission levels on construction projects prior to exceedances, with particular focus on disproportionately impacted communities; and

(c) Develop and implement a plan to mitigate air quality impacts on communities, including but not limited to disproportionately impacted communities adjacent to the project, with particular focus where feasible on mitigation of fine particulate matter pollution.

(5) With the exception of the interstate highway 270 corridor improvement project, the requirements of subsections (4)(a) and (4)(c) of this section do not apply to any projects that have, on or before July 1, 2022, a signed record of decision, finding of no significant impact, or categorical exclusions as provided by the federal "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq.

(6) To promote transparency and increase both public participation and public confidence in regionally significant transportation capacity project selection, planning, and implementation in communities, including but not limited to disproportionately impacted communities, the department shall, with opportunity for public input, review, update, and improve as necessary its public engagement program for planned transportation capacity projects. In doing so, the department shall create diverse and impactful ways to gather input from communities across the state by communicating in multiple languages and multiple formats and transparently sharing readily understandable information about potential adverse impacts, including but not limited to environmental and health impacts, of potential transportation capacity projects.
C.R.S. § 43-4-606 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-606
43-4-606. Establishment of regional transportation activity enterprises
Status: in_force

43-4-606. Establishment of regional transportation activity enterprises. (1) Any authority may establish regional transportation activity enterprises for the purpose of pursuing or continuing activities authorized by this part 6. Any regional transportation activity enterprise established or maintained pursuant to this part 6 is not subject to the provisions of section 20 of article X of the state constitution.

(2) (a) Each regional transportation activity enterprise shall be wholly owned by a single authority and shall not be combined with any regional transportation activity enterprise owned by another authority; except that each authority may establish more than one regional transportation activity enterprise and each regional transportation activity enterprise may conduct or continue to conduct one or more activities authorized by this part 6 as may be determined by the governing body of the regional transportation activity enterprise.

(b) This subsection (2) does not limit the authority of a regional transportation activity enterprise to contract with any other person or entity, including other authorities, other state or local governments, or other regional transportation activity enterprises.

(3) The governing body of a regional transportation activity enterprise is the board of the authority that owns the enterprise.

(4) The governing body for each regional transportation activity enterprise may exercise the authority's legal authority relating to activities authorized by this part 6, but no regional transportation activity enterprise may levy a tax that is subject to the requirements of section 20 (4) of article X of the state constitution.

(5) Each regional transportation activity enterprise, through its governing body, may issue or reissue revenue bonds in accordance with the provisions of section 43-4-609. Each bond issued under this subsection (5) shall recite in substance that the bond, including the interest thereon, is payable from the revenues and other available funds of the regional transportation activity enterprise pledged for the payment thereof.

(6) The powers provided in this section for regional transportation activity enterprises shall not modify, limit, or affect the powers conferred by any other law, either directly or indirectly.

(7) Loan agreements subject to repayment or contracts to provide regional transportation systems or the use of property included in or in connection with a regional transportation system, which involve the payment of funds for such systems or the use of the property to an authority or its regional transportation activity enterprise by a state or local government or by another authority or regional transportation activity enterprise, are not grants for purposes of the definition of enterprise under section 20 (2)(d) of article X of the state constitution.

(8) An authority or its regional transportation activity enterprise may contract with any other governmental or private source of funding for loans and grants related to regional transportation activity enterprise functions.

(9) Revenues collected or spent by an authority for regional transportation systems or the use of property included in or in connection with a regional transportation system rendered or provided by a regional transportation activity enterprise owned by the authority are not subject to the provisions of section 20 (4) and (7) of article X of the state constitution.

(10) The rates or a change in the rates charged by an authority for regional transportation systems or for the use of property included in or in connection with a regional transportation system rendered or provided by a regional transportation activity enterprise owned by the authority are not taxes subject to the provisions of section 20 (4) and (7) of article X of the state constitution.

(11) The authority granted to a regional transportation activity enterprise under this section is in addition to all other authority provided by law. Nothing contained in this part 6 shall be construed to require the establishment, operation, or continuation of a regional transportation activity enterprise or to limit the authority of any state or local government to utilize other policies and procedures for establishing, operating, or continuing any enterprise for any lawful purpose.
C.R.S. § 43-1-1311 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1311
43-1-1311. Survey required - railroad track removal
Status: in_force

43-1-1311. Survey required - railroad track removal. (1) Before any railroad tracks are removed from abandoned railroad rights-of-way in Colorado, if a proper legal description is not available, the person or entity removing the railroad tracks shall cause a field survey of the centerline of such railroad tracks to be made by a professional land surveyor, if title to any land references such railroad tracks. The professional land surveyor shall deposit a survey plat in accordance with section 38-50-101, C.R.S., showing the following:

(a) Field-measured dimensions of the centerline of the railroad tracks; and

(b) Field-measured bearing and distance ties to public land survey monument corners so that no point on said abandoned railroad rights-of-way is further than two miles from a public land survey monument corner.
C.R.S. § 43-10-101 — CO Code / Title 43 / Article 10 / Section 43-10-101
43-10-101. Legislative declaration
Status: in_force

43-10-101. Legislative declaration. The general assembly hereby declares that there exists a need to promote the safe operation and accessibility of general aviation and intrastate commercial aviation in this state; that improvement of general aviation and intrastate commercial aviation transportation facilities will promote diversified economic development across the state; and that accessibility to airport facilities for residents of this state is crucial in the event of a medical or other type of emergency.
C.R.S. § 43-2-105 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-105
43-2-105. Secondary road unit
Status: repealed

43-2-105. Secondary road unit. (Repealed)
C.R.S. § 43-1-1202 — CO Code / Title 43 / Article 1 / Part 12 / Section 43-1-1202
43-1-1202. Department powers - definition
Status: in_force

43-1-1202. Department powers - definition. (1) Notwithstanding any other law, the department may:

(a) Solicit and consider proposals, enter into agreements, grant benefits, and accept contributions for public-private initiatives pursuant to this part 12 concerning any of the following:

(I) Use of advanced transportation technologies for traveler information services;

(II) Systems for road weather information, safety warning, advanced traffic management, information broadcasting, real-time transit information, route finding and vehicle navigation, and collision avoidance;

(III) Hazardous and nonhazardous incident detection, response, and removal and facilitation of emergency medical response;

(IV) (A) Promotion of private investment in traffic operations centers, use of telecommunications, use of telecommuting to reduce transportation demand, conversion of defense technologies to civilian transportation uses, operational efficiency on urban and rural roads, and electronic payment for transportation services.

(B) For purposes of this subsection (1)(a)(IV), "telecommunications" does not mean the state telecommunications network described in part 25 of article 33.5 of title 24.

(V) Voluntary emissions testing and mitigation;

(VI) Ride matching and reservation in support of demand management;

(VII) Safety monitoring systems;

(VIII) Commercial fleet management and electronic clearance of ports of entry;

(IX) Development of national standards and protocols for intelligent transportation systems;

(X) Design, financing, construction, operation, maintenance, and improvement of toll roads open to the public and turnpike projects within the state pursuant to part 2 of article 3 of this title;

(XI) The specific information and tourist-oriented directional sign programs authorized in section 43-1-420. The department may provide by contract for private businesses to pay a reasonable fee to the department to reflect the cost of the use of highway rights-of-way and the department's costs of administering the program.

(XII) Codevelopment of transportation transfer facilities, as defined in section 43-1-1501 (3), including transfer facilities that provide retail goods and services by private entities; and

(XIII) Design, financing, construction, operation, maintenance, or improvement of a high occupancy toll lane described in section 42-4-1012 (1), C.R.S.;

(b) Solicit proposals for public-private initiatives as requests for proposals pursuant to section 24-103-203;

(c) Consider and accept unsolicited proposals pursuant to section 43-1-1203;

(d) Grant a public benefit in or concerning a transportation system project in exchange for a private contribution to that project, but the term of any lease, easement, or franchise granted by the department as a public benefit under this part 12 shall:

(I) Reasonably relate to the value of the private contribution as determined by the department; and

(II) Not exceed ninety-nine years;

(e) Accept a private contribution to a transportation system project;

(f) Exercise any power of the department authorized by law to facilitate the development and performance of public-private initiatives, including but not limited to the department's power of eminent domain for the purpose of acquiring property and rights-of-way necessary for the completion of a toll road or toll highway open to the public that is incorporated into the statewide transportation plan prepared pursuant to section 43-1-1103 (5).

(2) Services shall not be provided under this part 12 unless they are consistent and compatible with the use and zoning of the land adjacent to the right-of-way.

(3) Retail goods and services shall not be authorized under this part 12. This subsection (3) shall not prohibit:

(a) Retail goods and services existing on April 17, 1995;

(b) Any vending facilities, as defined in section 8-84-202 (4), C.R.S.;

(c) The provision of retail goods and services at transfer facilities authorized under part 15 of this article.
C.R.S. § 43-4-404 — CO Code / Title 43 / Article 4 / Part 4 / Section 43-4-404
43-4-404. Formula for allocation of money - rules
Status: in_force

43-4-404. Formula for allocation of money - rules. (1) The office of transportation safety shall allocate not less than thirty percent and not more than fifty percent of the money allocated to the office pursuant to section 43-4-402 (2) to counties that have established a qualified alcohol and drug impaired driving prevention enforcement program. The intent of the general assembly is that this money is expended in a manner that will improve enforcement of alcohol and drug impaired driving laws. To this end, rules for the distribution of this money shall be developed by the office of transportation safety. All money appropriated must be used for alcohol and drug impaired driving prevention and enforcement improvement by counties and not for statewide programs.

(2) The office of transportation safety shall allocate not less than fifty percent and not more than seventy percent of the money to municipalities and cities and counties that have established a qualified alcohol and drug impaired driving prevention enforcement program. The intent of the general assembly is that this money is expended in a manner that will improve enforcement of alcohol and drug impaired driving laws. To this end, rules for the distribution of this money shall be developed by the office of transportation safety. The office shall report annually to the transportation legislation review committee on the distribution and expenditure of this money and the nature and purpose of the programs. All money appropriated hereunder shall be used for alcohol and drug impaired driving prevention enforcement improvement by municipalities and cities and counties and not for statewide programs.

(3) The money in the fund appropriated to the behavioral health administration in the department of human services pursuant to section 43-4-402 (2) must be used to establish a statewide program for the prevention of driving after drinking, including educating the public in the problems of driving after drinking; training teachers, health professionals, and law enforcement in the dangers of driving after drinking; preparing and disseminating educational materials dealing with the effects of alcohol and other drugs on driving behavior; and preparing and disseminating education curriculum materials for use at all school levels. The behavioral health administration in the department of human services is authorized to contract with a public entity or a qualified private corporation to provide all or part of these services and to establish standards for the program.
C.R.S. § 43-4-608 — CO Code / Title 43 / Article 4 / Part 6 / Section 43-4-608
43-4-608. Local improvement districts
Status: in_force

43-4-608. Local improvement districts. The board, or the board of the regional transportation district established under article 9 of title 32, C.R.S., in the case of any authority whose territory is located in whole or in part within the boundaries of the district, may establish local improvement districts within the boundaries of the authority to facilitate the financing, construction, operation, or maintenance of regional transportation systems. The board may establish local improvement districts 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 a regional transportation system. The board shall not establish a local improvement district unless the board receives a petition signed by the owners of the property that will bear a majority of the proposed assessments and 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 regional transportation systems as defined by section 43-4-602 (16).
C.R.S. § 43-1-1304 — CO Code / Title 43 / Article 1 / Part 13 / Section 43-1-1304
43-1-1304. Notice of rail line or right-of-way availability
Status: in_force

43-1-1304. Notice of rail line or right-of-way availability. Whenever an owner of a rail line or railroad right-of-way intends to dispose of such property, the owner shall notify the executive director of such intention in writing. The executive director shall, within thirty days after the receipt of such notice, inform all departments of the state of Colorado, the metropolitan or regional transportation authorities, and cities, counties, and towns where the property or a portion thereof is located of the owner's intention to dispose of the rail line or right-of-way. The state and any metropolitan or regional transportation authority, cities, counties, and towns affected by the intended disposal shall have ninety days after the announcement of the intended disposal in which to contact the owner in writing to express an interest in acquiring the property or preserving rail service. If the owner receives written notice within the ninety-day period after the announcement of the intended disposal, the owner shall provide such public entities the opportunity to purchase the rail line or right-of-way.
C.R.S. § 43-4-806 — CO Code / Title 43 / Article 4 / Part 8 / Section 43-4-806
43-4-806. High-performance transportation enterprise - creation - enterprise status - boar
Status: in_force

43-4-806. High-performance transportation enterprise - creation - enterprise status - board - funds - powers and duties - user fees - limitations - reporting requirements - violations on the peak period shoulder lanes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) It is necessary, appropriate, and in the best interests of the state for the state to aggressively pursue innovative means of more efficiently financing important surface transportation infrastructure projects that will improve the safety, capacity, and accessibility of the surface transportation system, will provide diverse, multimodal transportation options that reduce traffic congestion and degradation of existing surface transportation infrastructure and offer more transportation choices for system users, can feasibly be commenced in a reasonable amount of time, will allow more efficient movement of people, goods, and information throughout the state, and will accelerate the economic recovery of the state;

(b) Such innovative means of financing projects include, but are not limited to, public-private partnerships, operating concession agreements, user fee-based project financing, and availability payment and design-build contracting; and

(c) It is the intent of the general assembly that the high-performance transportation enterprise created in this section actively seek out opportunities for public-private partnerships for the purpose of completing surface transportation infrastructure projects and that this section be broadly construed to allow the transportation enterprise sufficient flexibility, consistent with the requirements of the state constitution, to pursue any available means of financing such surface transportation infrastructure projects that will allow the efficient completion of the projects.

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

(a) (I) The transportation enterprise provides both services to persons who pay user fees for the privilege of using surface transportation infrastructure projects and additional impact remediation services to all persons who use or indirectly benefit from the use of the surface transportation infrastructure project network and other surface transportation infrastructure in the state by completing and operating surface transportation infrastructure projects that reduce wear and tear on and increase the reliability, safety, and expected useful life of state highways and bridges, reduce traffic congestion and attendant delays, provide additional transportation options, reduce emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduce the adverse environmental and health impacts of such emissions; and

(II) By providing services as authorized by this part 8, the transportation enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and generates revenue by collecting fees from services users, and therefore operates as a business in accordance with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), and the Colorado court of appeals in TABOR Foundation v. Colorado Bridge Enterprise, 2014 COA 106;

(b) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution and the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36, that a charge is not a tax if the primary purpose of the charge is not to raise revenue for general governmental purposes, it is the conclusion of the general assembly that the revenue collected by the transportation enterprise from user fees is generated by fees, not taxes, because the user fees imposed by the transportation enterprise:

(I) Are imposed for the specific purpose of allowing the transportation enterprise to defray the costs of completing, operating, and maintaining the surface transportation infrastructure project network;

(II) Thereby:

(A) Fund the specific benefit of the privilege of accessing surface transportation infrastructure projects for user fee payers;

(B) Fund additional benefits of the remediation services provided by the transportation enterprise, including reduction of traffic congestion and attendant delays, provision of additional transportation options, reduced emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduced adverse environmental and health impacts of such emissions caused by the use of motor vehicles, for user fee payers; and

(III) Will be collected at rates that are reasonably calculated by the transportation enterprise board based on the costs of providing the benefits provided to user fee payers and the costs of remediating the impacts caused by fee payers.

(2) (a) (I) The high-performance transportation enterprise is hereby created. The transportation enterprise shall operate as a government-owned business within the department and shall be a division of the department. The board of the transportation enterprise shall consist of the following seven members:

(A) Four members appointed by the governor, each of whom shall have professional expertise in transportation planning or development, local government, design-build contracting, public or private finance, engineering, environmental issues, or any other area that the governor believes will benefit the board in the execution of its powers and performance of its duties. The governor shall appoint one member who resides within the planning area of the Denver regional council of governments, one member who resides within the planning area of the Pikes Peak area council of governments, one member who resides within the planning area of the north front range metropolitan planning organization, and one member who resides within the interstate 70 mountain corridor.

(B) Three members of the commission appointed by resolution of the commission.

(II) Initial appointments to the transportation enterprise board shall be made no later than July 1, 2009. Members of the board shall serve at the pleasure of the appointing authority and without compensation. Vacancies in the membership of the transportation enterprise board shall be filled in the same manner as regular appointments.

(III) (A) The transportation enterprise and the transportation enterprise director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.

(B) The powers, duties, and functions of the transportation enterprise include the powers, duties, and functions of the statewide tolling enterprise, created in the department pursuant to section 43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.

(b) The transportation enterprise board shall, with the consent of the executive director, appoint a director of the enterprise who shall possess such qualifications as may be established by the board and the state personnel board. The director shall oversee the discharge of all responsibilities of the transportation enterprise and shall serve at the pleasure of the board.

(c) The business purpose of the transportation enterprise is to pursue public-private partnerships and other innovative and efficient means of completing surface transportation infrastructure projects. To allow the transportation enterprise to accomplish this purpose and fully exercise its powers and duties through the transportation enterprise board, the transportation enterprise may:

(I) Subject to the limitations specified in section 43-4-808 (3) and subsection (7.6) of this section, impose user fees, including the congestion impact fee authorized by subsection (7.6) of this section, for the privilege of using surface transportation infrastructure;

(II) Issue or reissue revenue bonds payable from the revenues and other available moneys of the transportation enterprise pledged for their payment as authorized in section 43-4-807;

(III) Contract with any other governmental or nongovernmental source of funding for loans or grants to be used to support transportation enterprise functions; and

(IV) Seek out and enter into public-private partnerships.

(d) The transportation enterprise shall constitute 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 revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this paragraph (d), the transportation enterprise shall not be subject to any provisions of section 20 of article X of the state constitution.

(3) (a) The statewide transportation enterprise special revenue fund, referred to in this part 8 as the "transportation special fund", is created in the state treasury. All revenue received by the transportation enterprise, including all revenue from both user fees collected from users of a particular surface transportation infrastructure project and congestion impact fees, collected pursuant to subsections (2)(c)(I) and (7.6) of this section, must be deposited into the transportation special fund. The transportation enterprise board may establish separate accounts within the transportation special fund as needed in connection with any specific surface transportation infrastructure project. The transportation enterprise also may deposit or permit others to deposit other money into the transportation special fund, but in no event may revenue from any tax otherwise available for general purposes be deposited into the transportation special fund. The state treasurer, after consulting with the transportation enterprise board, shall invest any money in the transportation special fund, including any surplus or reserves, but excluding any proceeds from the sale of bonds or earnings on such proceeds invested pursuant to section 43-4-807 (2), that are not needed for immediate use. Such money may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.

(b) All interest and income derived from the deposit and investment of moneys in the transportation special fund shall be credited to the transportation special fund and, if applicable, to the appropriate surface transportation infrastructure project account. Moneys in the transportation special fund shall be continuously appropriated to the transportation enterprise for the purposes set forth in this part 8. All moneys deposited in the transportation special fund shall remain in the fund for the purposes set forth in this part 8, and no part of the fund shall be used for any other purpose.

(c) The transportation enterprise shall prepare a separate annual accounting of the user fees collected from any surface transportation infrastructure project upon which any user fee is imposed and of congestion impact fees. A partner of the enterprise may prepare the annual accounting for a project upon which it imposes a user fee pursuant to the terms of a public-private partnership.

(d) The transportation enterprise may expend moneys in the transportation special fund to pay bond obligations, to fund surface transportation infrastructure projects, and for the acquisition of land to the extent required in connection with any surface transportation infrastructure project. The transportation enterprise may also expend moneys in the transportation special fund to pay its operating costs and expenses. The transportation enterprise board shall have exclusive authority to budget and approve the expenditure of moneys in the transportation special fund.

(4) The commission may transfer moneys from the state highway fund created in section 43-1-219 to the transportation enterprise for the purpose of defraying expenses incurred by the transportation enterprise prior to the receipt of bond proceeds or revenues by the enterprise. The transportation enterprise may accept and expend any moneys 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 shall constitute a loan from the commission to the transportation enterprise and shall not be considered a grant for purposes of section 20 (2)(d) of article X of the state constitution. As the transportation enterprise receives sufficient revenues in excess of expenditures, 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. Any moneys loaned to the transportation enterprise pursuant to this section shall be deposited into a fund to be known as the statewide transportation enterprise operating fund, which fund is hereby created, or an account within the transportation special fund. All loaned money deposited into the transportation special fund shall be accounted for separately from other transportation special fund money.

(5) Notwithstanding any other provision of this section, user fee revenue collected from users of a particular surface transportation infrastructure project must be expended only for purposes authorized by subsection (3) of this section and only for the surface transportation infrastructure project for which they were collected, to address ongoing congestion management needs related to the project, or as a portion of the expenditures made for another surface transportation infrastructure project that is integrated with the project as part of a surface transportation system; except that the transportation enterprise board may expend user fee revenue from each surface transportation infrastructure project in proportion to the total amount of such revenue generated by the project to pay overhead of the transportation enterprise. User fee revenue generated by the congestion impact fee imposed by the transportation enterprise pursuant to subsection (7.6) of this section may be expended on any part of the surface transportation infrastructure project network and for overhead of the transportation enterprise.

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

(a) To supervise and advise the transportation enterprise director;

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

(c) To issue revenue bonds, payable solely from the transportation special fund, for the purpose of completing surface transportation infrastructure projects;

(d) To acquire, hold title to, and dispose of real and personal property as necessary in the exercise of its powers and performance of its duties;

(e) To acquire, by purchase, gift, or grant, or, subject to the requirements of articles 1 to 7 of title 38, C.R.S., by condemnation, any and all rights-of-way, lands, buildings, moneys, or grounds necessary or convenient for its authorized purposes;

(f) To enter into agreements with the commission, or the department to the extent authorized by the commission, under which the transportation enterprise agrees to complete surface transportation infrastructure projects as specified in the agreements;

(g) To make and enter into contracts or agreements with any private or public entity to facilitate a public-private partnership, including, but not limited to:

(I) An agreement pursuant to which the transportation enterprise or the enterprise on behalf of the department operates, maintains, or provides services or property in connection with a surface transportation infrastructure project; or

(II) An agreement pursuant to which a private entity completes all or any portion of a surface transportation infrastructure project on behalf of the transportation enterprise;

(h) To make and to enter into all other contracts or agreements, including, but not limited to, design-build contracts, as defined in section 43-1-1402 (3), and intergovernmental agreements pursuant to section 29-1-203, C.R.S., that are necessary or incidental to the exercise of its powers and performance of its duties;

(i) To employ or contract for the services of consulting engineers or other experts as are necessary in its judgment to carry out its powers and duties;

(j) To prepare, or cause to be prepared, detailed plans, specifications, or estimates for any surface transportation infrastructure project within the state;

(k) In connection with any surface transportation infrastructure project, to acquire, finance, repair, reconstruct, replace, operate, or maintain any surface transportation infrastructure within the state;

(l) To set and adopt, on an annual basis, a budget for the transportation enterprise;

(m) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to purchase, dispose of, or encumber real or personal property or any interest therein, including easements and rights-of-way, without restriction or limitation;

(n) To enter into interest rate exchange agreements for bonds that have been issued in accordance with article 59.3 of title 11, C.R.S.;

(o) Pursuant to section 24-1-107.5, C.R.S., to establish, create, and approve nonprofit entities and bonds issued by or on behalf of such nonprofit entities for the purpose of completing a surface transportation infrastructure project, to accept the assets of any such nonprofit entity, to obtain an option to acquire the assets of any such nonprofit entity by paying its bonds, to appoint or approve the appointment of members of the governing board of any such nonprofit entity, and to remove the members of the governing board of any such nonprofit entity for cause;

(p) To transfer money, property, or other assets of the transportation enterprise to the department to the extent necessary to implement the financing of any surface transportation infrastructure project or for any other purpose authorized in this part 8;

(p.5) In accordance with an implementation plan developed as required by section 32-9-107.7 (4), to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the department, to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service; and

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

(7) (a) In addition to the powers and duties specified in subsection (6) of this section, the transportation enterprise board has the duty to evaluate any toll highway in the state that is owned and offered for sale or for lease and an operating concession by an entity other than the state in order to determine whether it is in the best interests of the state for the transportation enterprise to purchase or lease the toll highway or a partial interest in the toll highway that is being offered for sale, lease, or concession or enter into a public-private partnership in connection with the toll highway. In evaluating a toll highway, the transportation enterprise board shall consider the financial costs and benefits to the state and users of the toll highway of purchasing or leasing the toll highway or a partial interest in the toll highway or entering into a public-private partnership in connection with the toll highway; the effect of such a purchase, lease, or public-private partnership on statewide, regional, or local transportation plans previously adopted and on future transportation planning; and any other factors deemed significant by the board. In considering the effect on regional or local transportation plans, the transportation enterprise board shall consult with the appropriate regional or local transportation planning agency. Subject to criteria, procedures, processes, and rules established by the entity other than the state offering the toll highway for sale or for lease and an operating concession including, without limitation, provisions for rejecting all bids or proposals and short-listing bidders and proposers, and without any special consideration for either public or private sector interests that may bid on or propose to purchase or lease a toll highway, the transportation enterprise board may bid on or propose to purchase or lease a toll highway or a partial interest in a toll highway so offered without change or delay of such criteria, procedures, processes, and rules or may enter into a public-private partnership in connection with a toll highway and may finance all or a portion of the purchase or lease of a toll highway or a public-private partnership entered into in connection with a toll highway by issuing bonds as authorized by section 43-4-807 if the board determines that the purchase, lease, or public-private partnership is in the best interests of the state. Funding to perform a toll highway evaluation shall be provided by the department and managed by the transportation enterprise board. An entity other than the state shall consider and represent the interests of its constituency at all times during and after the evaluation process conducted by the transportation enterprise board pursuant to this subsection (7).

(b) For purposes of this subsection (7), "entity other than the state" means a public highway authority created pursuant to section 43-4-504, a regional transportation authority created pursuant to section 43-4-603, a toll road or toll highway company formed pursuant to section 7-45-101, C.R.S., or any other natural person or entity other than the state or a department or agency of the state that may own a toll highway.

(c) This subsection (7) shall not be construed to require the transportation enterprise board to purchase or lease any toll highway or partial interest in a toll highway or to enter into any public-private partnership in connection with any toll highway.

(7.5) In addition to any other powers and duties specified in this section, the transportation enterprise may enter into a transportation demand management contract with the department under which the department compensates the transportation enterprise for relieving traffic congestion during peak travel times, as determined by the department and the transportation enterprise, in the portion of the interstate 70 mountain corridor that includes and lies between Floyd hill and the Eisenhower-Johnson tunnels by providing and operating reversible highway lanes within that portion of the corridor. If a feasibility study of a moveable barrier system on interstate 70 is completed and demonstrates that such a system is viable and that life safety issues can be addressed, a transportation demand management contract may establish, consistent with planning provisions in section 43-1-1103, the interstate 70 collaborative effort, context sensitive solutions, and the processes required by the federal "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq., the goal of beginning the provision and operation of reversible highway lanes and reporting to the general assembly no later than January 1, 2011. A transportation demand management contract may authorize the transportation enterprise to enter into single-fiscal-year or multiple-fiscal-year operating lease agreements or capital lease or financed purchase of an asset or certificate of participation agreements with a private contractor as needed to provide and operate the reversible highway lanes.

(7.6) (a) (I) In addition to any other powers and duties specified in this section, on and after January 1, 2025, the transportation enterprise shall impose a congestion impact fee on all short-term vehicle rentals at a maximum rate, as determined by the transportation enterprise board, that is reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue and that is, except as otherwise provided in subsection (7.6)(c) of this section, no more than three dollars per day for any vehicle; except that a subsequent renewal of a short-term vehicle rental is exempt from the fee to the extent that the renewal extends the total rental period beyond thirty days. A car sharing program shall collect the congestion impact fee for any short-term vehicle rental of twenty-four hours or longer that is enabled by the car sharing program.

(II) As used in this subsection (7.6), unless the context otherwise requires:

(A) "Battery electric motor vehicle" has the same meaning as set forth in section 43-4-1202 (1).

(B) "Car sharing program" has the same meaning as set forth in section 6-1-1202 (4).

(C) "Plug-in hybrid electric motor vehicle" has the same meaning as set forth in section 43-4-1202 (14).

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

(b) The congestion impact fee must be collected, submitted to the department of revenue, administered by the department of revenue, and forwarded by the department of revenue to the state treasurer in the same manner in which the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is collected, submitted, administered, and forwarded pursuant to section 43-4-804 (1)(b)(II). The department of revenue, when forwarding the congestion impact fee to the state treasurer with the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A), shall identify the amounts of each fee being forwarded, and the state treasurer shall credit all congestion impact fees to the transportation special fund. Any vehicle rented pursuant to a vehicle sharing arrangement that is exempt, pursuant to section 43-4-804 (1)(b)(III), from the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is also exempt from the congestion impact fee.

(c) (I) For short-term vehicle rentals beginning during state fiscal year 2026-27 and for short-term vehicle rental periods beginning during any subsequent state fiscal year, the daily limits on the amount of the congestion impact fee set forth in subsection (7.6)(a)(I) of this section are annually adjusted for inflation, and the transportation enterprise shall impose the congestion impact fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The transportation enterprise shall notify the department of revenue of the amount of the congestion impact fee to be collected for short-term vehicle rentals during each state fiscal year no later than April 1 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than May 1 of the calendar year in which the state fiscal year begins.

(II) As used in this subsection (7.6)(c), "inflation" means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to the congestion impact fee is to be made begins.

(d) Notwithstanding subsection (7.6)(c) of this section, no later than March 1, 2030, and every fifth March 1 thereafter, the transportation enterprise shall complete an analysis of the rate at which it imposes the congestion impact fee, the amount of revenue generated by the fee, and the use of fee revenue in order to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue. If the transportation enterprise determines that it is imposing or with its next inflation adjustment will be imposing the fee at a rate that generates or will generate more than the needed amount of revenue, it shall lower the rate at which it is imposing the fee or forego or reduce the inflation adjustment to the extent necessary to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue.

(7.7) In addition to any other powers and duties specified in this section:

(a) No later than March 1, 2025, the transportation enterprise shall develop a new multimodal strategic capital plan, which the transportation enterprise board may, at its sole discretion, thereafter update as it deems necessary. The plan must:

(I) Align with the ten-year plan for each mode of transportation approved by the commission in accordance with section 43-1-106 (15)(d), the statewide greenhouse gas pollution reduction goals set forth in section 25-7-102 (2)(g), and other state greenhouse gas reduction priorities;

(II) Comply with the greenhouse gas transportation planning standard adopted by the commission, any amended or successor standard adopted by the commission, and any other pollution reduction planning standards required for surface transportation infrastructure projects by a federal or state law, regulation, or rule; and

(III) Prioritize benefits to user fee payers and the reduction of adverse impacts on highways.

(b) No later than March 1, 2025, the transportation enterprise shall complete an initial assessment of opportunities available through 2030 to leverage federal money made available to the state. After completing the initial assessment, the transportation enterprise shall assess such opportunities on an ongoing basis.

(7.8) In addition to any other powers and duties specified in this section, the transportation enterprise may enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the department of transportation to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service.

(8) (a) When the transportation enterprise board decides to study the feasibility or desirability of completing a surface transportation infrastructure project that adds substantial transportation capacity or significantly alters travel patterns, the board shall invite every metropolitan planning organization or other transportation planning region with planning responsibility for any area in which the project will be located and every affected public mass transit operator, as defined in section 43-1-102 (5), public highway authority created pursuant to part 5 of this article, and regional transportation authority created pursuant to part 6 of this article to collaborate with the board in its study and review and comment regarding the project. The transportation enterprise board and a metropolitan planning organization, transportation planning region, public mass transit operator, public highway authority, or regional transportation authority may enter into an intergovernmental agreement to define the degree of collaboration and any sharing of costs and revenues. The transportation enterprise board, in collaboration with those metropolitan planning organizations, transportation planning regions, public mass transit operators, and authorities that are entitled to and wish to collaborate with the board, may develop a plan for the completion of the surface transportation infrastructure project that addresses the feasibility of the project, the technology to be utilized, project financing, and any other federally required information.

(b) In order to ensure that the limited resources available for the completion of major surface transportation infrastructure projects are allocated only to projects deemed essential by all impacted metropolitan planning organizations and other transportation planning regions, every metropolitan planning organization or other transportation planning region that includes territory in which all or any portion of a proposed surface transportation infrastructure project that will add substantial transportation capacity or significantly alter traffic patterns is to be completed shall have the right to participate in the planning and development, and approve the completion, of the project. The right of participation shall extend, without limitation, to decisions regarding the scope of the project, the type of surface transportation infrastructure to be provided, project financing, allocation of project revenues, and the manner in which any user fees are to be imposed. A surface transportation infrastructure project shall not proceed past the planning stage until all metropolitan planning organizations entitled to participate in the planning, development, and approval process, including the transportation enterprise and any partner of the enterprise under the terms of a public-private partnership, have approved the project.

(9) (a) The transportation enterprise is not intended to supplant or duplicate the services provided by any public mass transit operator, as defined in section 43-1-102 (5), railroad, public highway authority created pursuant to part 5 of this article, or regional transportation authority created pursuant to part 6 of this article except as described in detail in an intergovernmental agreement or other contractual agreement entered into by the transportation enterprise and the operator, railroad, or authority. The creation of and undertaking of surface transportation infrastructure projects by the transportation enterprise pursuant to this part 8 is not intended to discourage any combination of local governments from forming a public highway authority or a regional transportation authority.

(b) Moneys made available for any surface transportation infrastructure project pursuant to this part 8 shall not be used to supplant existing or budgeted department funding for any portion of the state highway system within the territory of any transportation planning region, as defined in section 43-1-1102 (8), that includes any portion of the project.

(10) (a) Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15, 2010, no later than February 15 of each year thereafter through 2024, and no later than March 1 of each year thereafter, the transportation enterprise shall present a report to the committees of the house of representatives and the senate that have jurisdiction over transportation. The report must include a summary of the transportation enterprise's activities for the previous year, a summary of the status of any current surface transportation infrastructure projects, a statement of the enterprise's revenues and expenses, and any recommendations for statutory changes that the enterprise deems necessary or desirable. The committees shall review the report and may recommend legislation. The report shall be public and shall be available on the website of the department on or before January 15 of the year in which the report is presented.

(b) Beginning with the report due no later than February 15, 2021, the report shall also include for each of the transportation enterprise's executed or proposed public-private partnerships:

(I) A summary of the processes that the transportation enterprise has used leading up to or anticipates using to lead up to its entry into the public-private partnership, including the processes for obtaining and responding to public questions, concerns, and other comments or input, the processes for keeping the state legislators and local elected officials who represent any area in which a surface transportation infrastructure project of the public-private partnership will be located informed and updated about the project and the public-private partnership, and the processes for selecting each partner to the public-private partnership; and

(II) A summary of the actual, or to the extent available the anticipated, major financial, performance, and length-of-term provisions of the public-private partnership.

(c) Beginning with the report due no later than March 1, 2025, the report shall also detail the transportation enterprise's work to reduce traffic congestion and greenhouse gas emissions and support the expansion of public transit.

(11) (a) As used in this subsection (11), unless the context otherwise requires, "peak period shoulder lane" means:

(I) The eastbound managed toll lane on interstate 70 between mile marker 230 (Empire Junction) and the veterans memorial tunnel; or

(II) The westbound managed toll lane on interstate 70 between the veterans memorial tunnel and mile marker 230 (Empire Junction).

(b) (I) Unless a person is operating an authorized emergency vehicle, as defined in section 42-1-102 (6), or an authorized service vehicle, as defined in section 42-1-102 (7), or using a lane in the case of an emergency, a person shall not drive on the peak period shoulder lane when the posted signage indicates that the peak period shoulder lane is closed.

(II) A person shall not drive on a peak period shoulder lane at any time if the person is driving a motor vehicle with more than two axles or that is twenty-five feet in length or longer.

(c) The transportation enterprise shall enforce violations of subsection (11)(b) of this section and assess and remit civil penalties for the violations in accordance with section 43-4-808 (2).
C.R.S. § 43-4-506.5 — CO Code / Title 43 / Article 4 / Part 5 / Section 43-4-506.5
43-4-506.5. Traffic laws - toll collection
Status: in_force

43-4-506.5. Traffic laws - toll collection. (1) The traffic laws of this state, and those of any municipality through which passes a public highway constructed, operated, or maintained by an authority, and such an authority's rules and regulations regarding toll collection and enforcement shall pertain to and govern the use of any such public highway. 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 such toll enforcement agreement shall be subject to annual appropriations by the general assembly to such law enforcement authority for the purpose of performing its duties pursuant to such agreement.

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

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

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

(c) The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the toll, fee, and civil penalty authorized by the authority involved at the office of such authority, either in person or by postmarking such payment within twenty days of the citation. If the person cited does not pay the prescribed toll, fee, and civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of toll evasion in court or in an administrative toll enforcement proceeding, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint in the manner specified in the notice.

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

(4) (a) The respective courts of the municipalities, counties, and cities and counties are given jurisdiction to try all cases arising under municipal ordinances and state laws governing the use of a public highway operated by an authority and arising under the toll evasion civil penalty regulations enacted by authorities. Venue for such cases shall be in the municipality, county, or city and county where the alleged violation of municipal ordinance or state law or of the authority regulation occurred.

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

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

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

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

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

(g) Notwithstanding the specific remedies provided by this section, an authority shall have every remedy available under the law to enforce unpaid tolls and fees as debts owed to the authority.

(5) The aggregate amount of penalties, exclusive of court costs, collected as a result of civil penalties imposed pursuant to resolutions adopted as authorized in subsection (2) of this section shall be remitted to the authority in whose name the civil penalty assessment notice was issued, and shall be applied by the authority to defray the costs and expenses of enforcing the laws of the state and the rules and regulations of the authority. If a municipal summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the terms of any enforcement agreement.

(6) (a) In addition to the penalty assessment procedure provided for in subsection (3) of this section, where an instance of toll evasion is evidenced by automatic vehicle identification photography, or other technology not involving a peace officer, a civil penalty assessment notice may be issued and sent by first-class mail, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, by the public highway authority to the registered owner of the motor vehicle involved. The notice shall contain the name and address of the registered owner of the vehicle involved, the license number of the vehicle involved, the time and location of the violation, the amount of the penalty prescribed for the violation, a place for the registered owner of the vehicle to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion civil penalty assessment. The registered owner of the vehicle involved in a toll evasion shall be liable for the toll, fee, and civil penalty imposed by the authority, except as otherwise provided by paragraph (a.5) of this subsection (6). If the registered owner of the vehicle does not pay the prescribed toll, fee, and civil penalty within thirty days of the date of the civil penalty assessment notice, the notice shall constitute a complaint to appear for adjudication of a toll evasion in court or in an administrative toll enforcement proceeding, and the registered owner of the vehicle shall, within the time specified in the notice, file an answer to the complaint in the manner specified in the notice. If the registered owner of the vehicle fails to pay in full the outstanding toll, fee, and civil penalty as set forth in the notice or to appear and answer the complaint and request a hearing as specified in the notice, a final order of liability shall be entered against the registered owner of the vehicle for the purposes of enabling the registered owner to appeal pursuant to paragraph (f) of subsection (4) of this section and allowing an authority to proceed to judgment pursuant to paragraph (e) of subsection (4) of this section.

(a.5) In addition to any other liability provided for in this section, the owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a toll evasion violation civil penalty; except that, at the discretion of such owner:

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

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

(b) (Deleted by amendment, L. 2010, (SB 10-016), ch. 150, p. 518, § 1, effective April 21, 2010.)

(c) (Deleted by amendment, L. 2005, p. 835, § 1, effective June 1, 2005.)

(7) A court with jurisdiction in a toll evasion case pursuant to paragraph (a) of subsection (4) of this section or an authority with jurisdiction in a toll evasion case pursuant to paragraph (b) of subsection (4) of this section may report to the department of revenue any outstanding judgment or warrant or any failure to pay the toll, fee, and civil penalty for any toll evasion. Upon receipt of a certified report from a court or an authority stating that the owner of a registered vehicle has failed to pay a toll, fee, and civil penalty resulting from a final order entered by the authority, the department shall not renew the vehicle registration of the vehicle until the toll, fee, and civil penalty are paid in full. The authority shall contract with and compensate a vendor approved by the department for the direct costs associated with the nonrenewal of a vehicle registration pursuant to this subsection (7). The department has no authority to assess any points against a license under section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion.
C.R.S. § 43-3-415 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-415
43-3-415. Transfer of assets
Status: repealed

43-3-415. Transfer of assets. (Repealed)
C.R.S. § 43-2-118 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-118
43-2-118. Private roads
Status: in_force

43-2-118. Private roads. The manner of laying out any private road from the land of any person so as to connect with any public road and of condemning the lands necessary therefor shall be the same as provided in this part 1; except that the petition in such cases need be signed by only such person and the damages which may accrue and the expense of opening such road shall be paid by such petitioner.
C.R.S. § 43-3-302 — CO Code / Title 43 / Article 3 / Part 3 / Section 43-3-302
43-3-302. Traffic laws - toll collection - definitions
Status: in_force

43-3-302. Traffic laws - toll collection - definitions. (1) (a) The transportation commission shall review a toll road or toll highway company's toll schedule as part of the project description submitted for approval as part of the statewide transportation plan and every five years thereafter if eminent domain is used by the department of transportation to acquire any part of the right-of-way for a toll road or toll highway. The review shall be limited to determining whether a reduced toll may be imposed on high occupancy vehicles and public mass transit vehicles in order to encourage the use of such vehicles on the toll road or toll highway.

(b) As used in this subsection (1):

(I) "High occupancy vehicles" means vehicles that carry at least the number of persons specified by the transportation commission.

(II) "Public mass transit vehicles" means vehicles other than charter or sightseeing vehicles that:

(A) Are operated by or under contract with the regional transportation district created pursuant to article 9 of title 32, C.R.S., or a regional transportation authority created pursuant to part 6 of article 4 of this title; and

(B) Provide regular and continuing general or special transportation to the public.

(c) In determining whether a reduced toll may be imposed on high occupancy vehicles and public mass transit vehicles, the transportation commission shall ensure that the reduced toll does not limit or preclude a toll road or toll highway company's:

(I) Recovery of the costs associated with operations, toll collection, and administration; and

(II) Repayment of the company's capital outlay costs for the project and recovery of a reasonable return on the company's investment.

(2) State and local law enforcement authorities are authorized to enter into traffic and toll enforcement agreements with a toll road or toll highway company. Any funds received by a state law enforcement authority pursuant to a toll enforcement agreement shall be subject to annual appropriations by the general assembly to the law enforcement authority for the purpose of performing its duties pursuant to the agreement.

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

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

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

(c) The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the toll, fee, and civil penalty authorized by the toll road or toll highway company involved at the office of the company, either in person or by postmarking the payment within twenty days of the citation. If the person cited does not pay the prescribed toll, fee, and civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of toll evasion in court or in an administrative toll enforcement proceeding, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint in the manner specified in the notice.

(d) If a municipal summons and complaint is issued, the adjudication of the violation shall be conducted and the format of the summons and complaint shall be determined pursuant to the terms of the municipal ordinance authorizing issuance of such a summons and complaint. In no case shall the penalty upon conviction for violation of a municipal ordinance for toll evasion exceed the limit established in subsection (3) of this section.

(5) (a) The respective courts of the municipalities, counties, and cities and counties are given jurisdiction to try all cases arising under municipal ordinances and state laws governing the use of a toll road or toll highway operated by a toll road or toll highway company and arising under the toll evasion civil penalty regulations enacted by a toll road or toll highway company. Venue for such cases shall be in the municipality, county, or city and county where the alleged violation of municipal ordinance or state law or of the corporate regulation occurred.

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

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

(d) A toll evasion case may be adjudicated by an impartial hearing officer in an administrative hearing conducted pursuant to this section and the rules promulgated by a toll road or toll highway company. The hearing officer shall be an independent contractor of the toll road or toll highway company.

(e) A toll road or toll highway company may file a certified copy of an order imposing a toll, fee, and civil penalty that is entered by the hearing officer in an adjudication of a toll evasion with the clerk of the county court in the county in which the violation occurred at any time after the order is entered. The clerk shall record the order in the judgment book of the court and enter it in the judgment docket. The order shall have the effect of a judgment of the county court, and the court may execute the order as in the other cases.

(f) An administrative adjudication of a toll evasion by a toll road or toll highway company is subject to judicial review. The administrative adjudication may be appealed as to matters of law and fact to the county court for the county in which the violation occurred. The appeal shall be a review of the record of the administrative adjudication and not a de novo hearing.

(g) Notwithstanding the specific remedies provided by this section, a toll road or toll highway company shall have every remedy available under the law to enforce unpaid tolls and fees as debts owed to the toll road or toll highway company.

(6) The aggregate amount of penalties, exclusive of court costs, collected as a result of civil penalties imposed pursuant to rules authorized in subsection (3) of this section shall be remitted to the toll road or toll highway company in whose name the civil penalty assessment notice was issued and shall be applied by the company to defray the costs and expenses of enforcing the laws of the state and the rules of the company. If a municipal summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the terms of any enforcement agreement.

(7) (a) In addition to the penalty assessment procedure provided for in subsection (4) of this section, where an instance of toll evasion is evidenced by automatic vehicle identification photography or other technology not involving a peace officer, a civil penalty assessment notice may be issued and sent by first-class mail, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, by the toll road or toll highway company to the registered owner of the motor vehicle involved. The notice shall contain the name and address of the registered owner of the vehicle involved, the license number of the vehicle involved, the time and location of the violation, the amount of the penalty prescribed for the violation, a place for the registered owner of the vehicle to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion civil penalty assessment. The registered owner of the vehicle involved in a toll evasion shall be liable for the toll, fee, and civil penalty imposed by the company, except as otherwise provided by paragraph (b) of this subsection (7).

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

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

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

(c) If the prescribed penalty is not paid within twenty days, in order to ensure that adequate notice has been given, a toll road or toll highway company shall send a second penalty assessment notice by certified mail, return receipt requested, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to certified mail, return receipt requested, with respect to receipt verification and delivery speed, reliability, and price, containing the same information as is specified in paragraph (a) of this subsection (7). The notice shall specify that the registered owner of the vehicle may pay the same penalty assessment at any time prior to the scheduled hearing. If the registered owner of the vehicle does not pay the prescribed toll, fee, and civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of a toll evasion in court or in an administrative toll enforcement proceeding and the registered owner of the vehicle shall, within the time specified in the civil penalty assessment notice, file an answer to the complaint in the manner specified in the notice. If the registered owner of the vehicle fails to pay in full the outstanding toll, fee, and civil penalty set forth in the notice or to appear and answer the notice as specified in the notice, the registered owner of the vehicle shall be deemed to have admitted liability and to have waived the right to a hearing, and a final order of liability in default against the registered owner of the vehicle may be entered.

(8) A court with jurisdiction in a toll evasion case pursuant to paragraph (a) of subsection (5) of this section or a toll road or toll highway company with jurisdiction in a toll evasion case pursuant to paragraph (b) of subsection (5) of this section may report to the department of revenue any outstanding judgment or warrant or any failure to pay the toll, fee, and civil penalty for any toll evasion. Upon receipt of a certified report from a court or a toll road or toll highway company stating that the owner of a registered vehicle has failed to pay a toll, fee, and civil penalty resulting from a final order entered by the toll road or toll highway company, the department shall not renew the vehicle registration of the vehicle until the toll, fee, and civil penalty are paid in full. The toll road or toll highway company shall contract with and compensate a vendor approved by the department for the direct costs associated with the nonrenewal of a vehicle registration pursuant to this subsection (8). The department has no authority to assess any points against a license under section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion.
C.R.S. § 43-2-124 — CO Code / Title 43 / Article 2 / Part 1 / Section 43-2-124
43-2-124. City streets defined - maintenance
Status: in_force

43-2-124. City streets defined - maintenance. (1) The city street system shall consist of all streets open and used, which shall include the primary system of major streets to be designated arterial streets, and a secondary system to be designated local service streets.

(2) Arterial streets are those streets carrying general traffic within the city and providing communication with surrounding territory and which are not part of the federal-aid and state highway connecting links within the city.

(3) Local service streets are all streets within a city open to public travel and which are not a part of the federal-aid connecting links, state highways, or streets designated as arterial streets.

(4) The city streets system, both arterial and local service streets, shall be constructed and maintained by the respective city, city and county, or incorporated town.
C.R.S. § 43-1-415 — CO Code / Title 43 / Article 1 / Part 4 / Section 43-1-415
43-1-415. Administration and enforcement - authority for agreements - rules
Status: in_force

43-1-415. Administration and enforcement - authority for agreements - rules. (1) The department shall administer and enforce the provisions of this part 4 and shall promulgate and enforce rules and standards necessary to carry out the provisions of this part 4 including, but not limited to:

(a) Rules necessary to qualify the state for payments made available by congress to those states that meet federal standards of roadside advertising control;

(b) Rules relating to the maintenance of nonconforming advertising devices;

(c) Rules to control the erection and maintenance on all state highways of advertising devices located in areas zoned for industrial or commercial uses;

(d) Rules governing the removal and acquisition of nonconforming advertising devices;

(e) Rules necessary to permit the exemption of tourist-related advertising devices by the secretary of transportation under 23 U.S.C. sec. 131 (o);

(f) Rules governing specific information signs under section 43-1-420.

(2) Nothing in this part 4 shall be construed to permit advertising devices to be erected or maintained which would disqualify the state for payments made available to those states which meet federal standards of roadside advertising control.

(3) The department may enter into agreements with the secretary of transportation of the United States to carry out the national policy concerning outdoor advertising adjacent to the interstate system and federal-aid primary highways and to accept any allotment of funds by the United States, or any department or agency thereof, appropriated in furtherance of federal-aid highway legislation.

(4) The rules of the department must not impose any additional requirements or more strict requirements than those imposed by this part 4.
C.R.S. § 43-4-902 — CO Code / Title 43 / Article 4 / Part 9 / Section 43-4-902
43-4-902. Local high-visibility alcohol and drug impaired driving enforcement - qualified
Status: in_force

43-4-902. Local high-visibility alcohol and drug impaired driving enforcement - qualified program - report - rules. (1) Any municipality, city and county, or county that establishes a qualified program to support high-visibility alcohol and drug impaired driving prevention enforcement and enforce the laws pertaining to alcohol- and drug-related traffic offenses is eligible to receive money pursuant to this part 9 for high-visibility alcohol and drug impaired driving prevention enforcement.

(2) (a) The department of transportation shall allocate not less than thirty percent and not more than fifty percent of the money allocated to the office of transportation safety in the department of transportation pursuant to section 43-4-903 to counties that have established a qualified high-visibility alcohol and drug impaired driving prevention enforcement program.

(b) The department of transportation shall allocate not less than fifty percent and not more than seventy percent of the money allocated to the office of transportation safety in the department of transportation pursuant to section 43-4-903 to municipalities and cities and counties that have established a qualified high-visibility alcohol and drug impaired driving prevention enforcement program.

(3) The office of transportation safety in the department of transportation shall promulgate rules for the administration of this section. At a minimum, the rules must:

(a) Establish the minimum requirements for a qualified program;

(b) Establish the process for awarding and allocating money to counties, cities and counties, and municipalities pursuant to this section;

(c) Permit qualified programs to use money awarded pursuant to this section to educate the public and inform communities about alcohol- and drug-related traffic offenses to support high-visibility alcohol and drug impaired driving enforcement episodes;

(d) Require law enforcement agencies to submit to the office of transportation safety the written policies and procedures described in section 24-31-309 (6);

(e) Require law enforcement agencies to certify to the office of transportation safety that the agencies have complied with the reporting requirements of section 24-31-903 (2);

(f) Prohibit a law enforcement agency and a peace officer from requiring a peace officer to issue a specified number of citations to individuals stopped during a high-visibility alcohol and drug impaired driving enforcement episode during a specified period of time; and

(g) Require a law enforcement agency and a peace officer to:

(I) Satisfactorily complete annual in-service training required by section 24-31-315 for peace officers conducting high-visibility alcohol and drug impaired driving enforcement episodes;

(II) For agencies conducting high-visibility alcohol and drug impaired driving enforcement episode checkpoints, implement a recognizable pattern by which vehicles are stopped during a high-visibility alcohol and drug impaired driving enforcement episode to prevent a bias-motivated stop; and

(III) Locate a high-visibility alcohol and drug impaired driving enforcement episode in a general area where an expected concentration of alcohol and drug impaired driving crashes are likely to occur or originate.

(4) No money may be allocated pursuant to this section to any law enforcement agency that is subject to a judicially ordered consent decree.

(5) The office of transportation safety in the department of transportation, in collaboration with the department of public safety, shall create and publish an annual report with the following information:

(a) The participating agencies conducting any high-visibility alcohol and drug impaired driving enforcement episodes;

(b) The time, date, duration, and location of each high-visibility alcohol and drug impaired driving enforcement episode;

(c) The perceived demographic information of each individual contacted who is asked to complete further investigation during each high-visibility alcohol and drug impaired driving enforcement episode, as required by section 24-31-309 (3.5)(a); and

(d) The result of the contact with each individual who is asked to complete further investigation, including if an arrest was made and the offense noted in the warning or citation or for which an arrest was made, as required by section 24-31-309 (3.5)(g).

(6) Any law enforcement agency that does not comply with, or that has engaged a peace officer who does not comply with the requirements of this section, or the rules, regulations, guidelines, or funding terms issued by the office of transportation safety in administering the high-visibility alcohol and drug impaired driving prevention enforcement program, or does not comply with other applicable law, is subject to suspension of its funding received pursuant to the high-visibility alcohol and drug impaired driving prevention enforcement program and may be required to return the money.

(7) The attorney general may bring a civil action to enforce the provisions of this section.
C.R.S. § 43-4-705 — CO Code / Title 43 / Article 4 / Part 7 / Section 43-4-705
43-4-705. Revenue anticipation notes - ballot issue - repeal
Status: repealed

43-4-705. Revenue anticipation notes - ballot issue - repeal. (1) Subject to the provisions of this part 7, the executive director, on behalf of the department, from time to time, may issue revenue anticipation notes for the purpose of financing any qualified federal aid transportation projects.

(2) (a) Subject to the provisions of this subsection (2), the principal of and interest on revenue anticipation notes and any costs associated with the issuance and administration of such notes shall be payable solely from:

(I) Federal transportation funds and state matching funds that are allocated on an annual basis for such purpose by the commission, in its sole discretion, in accordance with section 43-1-113;

(II) Any proceeds of such notes and any earnings from the investment of such note proceeds pledged for such purpose; and

(II.5) Repealed.

(III) Any other revenues, funds, or other security pledged for such purpose that do not constitute revenues or funds of the state.

(b) The owners or holders of the revenue anticipation notes may not look to any other revenues of the state for the payment of the notes.

(c) (I) (A) The portion of the principal of and interest on revenue anticipation 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, hereinafter referred to in this subsection (2) as "the federal share of principal, interest, and costs", shall be paid from federal transportation funds that the commission, in its sole discretion, has allocated on an annual basis for this purpose in accordance with section 43-1-113.

(B) If federal transportation funds are not sufficient to pay the federal share of principal, interest, and costs when due, the executive director shall request and the commission may grant such request to temporarily pay the federal share of principal, interest, and costs with state matching funds that the commission, in its sole discretion, has allocated on an annual basis for this purpose in accordance with section 43-1-113.

(II) Notwithstanding the provisions of section 43-1-220 (2)(c) and (2)(h), the state highway fund, the state highway supplementary fund, or both, shall be reimbursed for the amount of moneys in said fund or funds used in accordance with subparagraph (I) of this paragraph (c) from federal transportation funds that the commission determines are not needed in the future to pay the federal share of principal, interest, and costs.

(d) No moneys credited to the state highway fund that are required to be expended in accordance with the provisions of section 18 of article X of the state constitution shall be allocated and used to pay revenue anticipation notes financing any qualified federal aid transportation project that is not a state highway project or to pay any costs associated with the issuance and administration of such notes.

(3) (a) The executive director shall issue revenue anticipation notes pursuant to a certificate executed by the executive director, a trust indenture between the executive director and any commercial bank or trust company having full trust powers, or any other instrument issued by the executive director.

(b) As the executive director deems appropriate, the certificate, trust indenture, or other instrument authorizing revenue anticipation notes may contain such provisions setting forth the rights and remedies of the owners or holders of the revenue anticipation notes, may contain such provisions for protecting and enforcing the rights and remedies of the owners or holders of the revenue anticipation notes as the executive director deems appropriate, and may contain such other provisions that the executive director deems appropriate for the security of the owners or holders of the revenue anticipation notes. Such provisions may include, but shall not be limited to, provisions regarding letters of credit, insurance, stand-by credit agreements, or other forms of credit ensuring timely payment of the revenue anticipation notes, including the redemption price or the purchase price, and provisions regarding the reimbursement of providers of such credit out of revenues available for the payment of principal of and interest on the revenue anticipation notes for any amounts paid by such providers with respect to such notes.

(4) (a) Subject to the provisions of paragraph (b) of this subsection (4), revenue anticipation notes may be issued in such aggregate principal amount, may be issued in one or more series, may bear such dates, may be in such denomination or denominations, may mature on any date or dates, may mature in such amount or amounts, may be in such form, may be payable at such place or places, may be subject to such terms of redemption with or without a premium, may contain such provisions as the executive director deems appropriate regarding insurance to ensure the timely payment of the notes, and may contain such other provisions not inconsistent with the provisions of this part 7 as the executive director may determine.

(b) The aggregate amount of annual installments of principal and interest on all revenue anticipation notes issued pursuant to this part 7 that are scheduled to be paid during any given fiscal year, determined as of the date of issuance of each series of notes, shall not exceed an amount equal to fifty percent of the aggregate amount of federal transportation funds paid to the department during the fiscal year immediately preceding the fiscal year in which such series of notes is issued.

(5) The rate or rates of interest borne by the revenue anticipation notes may be fixed, adjustable, or variable or any combination thereof without regard to any interest rate limitation appearing in any other law of this state. If any rate or rates are adjustable or variable, the standard, index, method, or formula shall be determined by the executive director.

(6) Revenue anticipation notes may be sold at public or private sale and may be sold at, above, or below the principal amounts thereof. The sale of such notes shall not be subject to the "Procurement Code", articles 101 to 112 of title 24, C.R.S.

(7) Revenue anticipation notes shall be signed on behalf of the department by the executive director and the chief engineer of the department. Pursuant to article 55 of title 11, C.R.S., the signatures of the executive director and the chief engineer of the department may be facsimile signatures imprinted, engraved, stamped, or otherwise placed on the revenue anticipation notes. If all of the signatures on the revenue anticipation notes are facsimile signatures, provision shall be made for a manual authenticating signature on the revenue anticipation notes by or on behalf of a designated authenticating agent.

(8) The power to fix the date of sale of the revenue anticipation notes, to receive bids or proposals, to award and sell revenue anticipation notes, to fix interest rates, and to take all other action necessary to sell and deliver the notes may be delegated to an agent of the executive director.

(9) Any outstanding revenue anticipation notes may be refunded by the executive director pursuant to article 56 of title 11, C.R.S. All revenue anticipation notes are declared to be negotiable instruments.

(10) The executive director is authorized to engage the services of such consultants, financial advisors, underwriters, bond insurers, letter of credit banks, rating agencies, agents, or other persons whose services may be required or deemed advantageous by the executive director in connection with such revenue anticipation notes. The executive director shall contract for such services in accordance with the "Procurement Code", articles 101 to 112 of title 24, C.R.S.; except that contracting for services of bond insurers, letter of credit banks, and rating agencies shall not be subject to the "Procurement Code".

(11) The executive director may, with respect to revenue anticipation notes that have been issued or proposed revenue anticipation notes, enter into interest rate exchange agreements in accordance with article 59.3 of title 11, C.R.S.

(12) (a) The proceeds from the issuance of revenue anticipation notes that are not otherwise pledged for the payment of such notes, state matching funds, or federal transportation funds, any of which have been allocated on an annual basis by the commission, in its sole discretion, in accordance with section 43-1-113 for the payment of revenue anticipation notes or any costs associated with the issuance and administration of such notes, are pledged and shall be used only for the purpose or purposes for which such revenues are allocated. The proceeds from the issuance of revenue anticipation notes that are pledged pursuant to section 43-4-707 (1) shall be used only for the purpose or purposes for which such revenues are pledged. Any such pledge shall be valid and binding from the time the commission makes the allocation; except that any pledge of revenue anticipation note proceeds pursuant to section 43-4-707 (1) shall be valid and binding from the date of issuance of such notes. The pledge shall create a valid security interest, and such revenues shall immediately be subject to the lien of the pledge and security interest without any physical delivery or further act, and the lien of the pledge and security interest shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party irrespective of whether such claiming party has notice of such lien. The instrument by which the pledge and security interest is created need not be recorded or filed in order to perfect such pledge and security interest.

(b) Notwithstanding any other provision of law to the contrary, including but not limited to section 24-91-103.6, C.R.S., the lien of the pledge and security interest on any revenue anticipation note proceeds shall not affect the authority of the department to enter into contracts for the design and construction of any qualified federal aid transportation project.

(13) (a) Notwithstanding any other provision of this part 7 to the contrary, the executive director shall have the authority to issue revenue anticipation notes pursuant to this part 7 only if voters statewide approve the ballot question submitted at the November 1999 statewide election pursuant to section 43-4-703 (1) and only then to the extent allowed under the maximum amounts of debt and repayment cost so approved.

(b) Repealed.
C.R.S. § 43-3-404 — CO Code / Title 43 / Article 3 / Part 4 / Section 43-3-404
43-3-404. Anticipation warrants
Status: repealed

43-3-404. Anticipation warrants. (Repealed)
C.R.S. § 43-2-206 — CO Code / Title 43 / Article 2 / Part 2 / Section 43-2-206
43-2-206. Acquisition of rights of prior lessee
Status: in_force

43-2-206. Acquisition of rights of prior lessee. If the board of county commissioners of any county, after entering into contract of lease of lands for highway purposes under the provisions of section 43-2-205, is unable to agree with the person holding possession under a prior lease, or otherwise, of any portion of the land so leased by the board of county commissioners for highway purposes for the purchase of the interest, title, or right to possession of any portion of the land necessary or required for the construction of the proposed highway on or over the strip of land so leased, such board may acquire the right to possession thereof in the manner provided by law for the condemnation of real estate.