CO Code § 43-4-803 (2021)
2021 Colorado Code|Title 43 - Transportation|Article 4 - Financing|Part 8 - Funding Advancement for Surface Transportation and Economic Recovery|§ 43-4-803. Definitions

 As used in this part 8, unless the context otherwise requires:    “Authorized agent” shall have the same meaning as set forth in section 42-1-102 (5), C.R.S.    “Bond” means any bond, note, interim certificate, commercial paper, contract, or other evidence of indebtedness of either the bridge enterprise or the transportation enterprise authorized by this part 8, including, but not limited to, any obligation to the United States in connection with a loan from or guaranteed by the United States.    “Bond obligations” means the debt service on, and related costs and obligations in connection with, bonds, including, without limitation:   Payments with respect to principal, interest, prepayment premiums, reserve funds, surplus funds, sinking funds, and costs of issuance;    Payments related to any credit enhancement, liquidity support, or interest rate protection for bonds;    Fees and expenses of any trustee, bond registrar, paying agent, authenticating agent, rebate analyst or consultant, calculation agent, remarketing agent, or credit enhancement, liquidity support, or interest rate protection provider;    Coverage requirements; and    Other costs, fees, and expenses related to the foregoing and any other amounts required to be paid pursuant to the provisions of any documents authorizing the issuance of the bonds.       “Bridge enterprise” means the statewide bridge and tunnel enterprise created in section 43-4-805 (2).    “Bridge enterprise board” means the board of directors of the bridge enterprise.    “Bridge enterprise director” means the director of the bridge enterprise appointed pursuant to section 43-4-805 (2)(a)(I).    “Bridge special fund” means the statewide bridge and tunnel enterprise special revenue fund created in section 43-4-805 (3)(a).    “Commission” means the transportation commission created in section 43-1-106 (1).    “Department” means the department of transportation created in section 24-1-128.7, C.R.S.    “Designated bridge” means every bridge, including any roadways, sidewalks, or other infrastructure connected or adjacent to or required for the optimal functioning of the bridge, that:   Is part of the state highway system, as described in section 43-2-101; and    Has been identified by the department as structurally deficient or functionally obsolete, and has been rated by the department as poor, as of January 1, 2009, or is subsequently so identified and rated by the department.       “Designated bridge project” means a project that involves the repair, reconstruction, replacement, or ongoing operation or maintenance, or any combination thereof, of a designated bridge by the bridge enterprise pursuant to an agreement between the enterprise and the commission or department authorized by section 43-4-805 (5)(f).    “Executive director” means the executive director of the department.      “Grant” means any direct cash subsidy or other direct contribution of money from the state or any local government in the state to the bridge enterprise or the transportation enterprise that is not required to be repaid.    “Grant” does not include any of the following or any interest or income derived from the deposit and investment of the following:   Any indirect benefit conferred upon the bridge enterprise or the transportation enterprise from the state or any local government in the state;    Any federal funds received by the bridge enterprise or the transportation enterprise, regardless of whether the federal funds pass through the state or any local government in the state prior to receipt by the enterprise;    Any revenues of the bridge enterprise from the bridge safety surcharge imposed by the enterprise pursuant to section 43-4-805 (5)(g) or revenues of the bridge enterprise or the transportation enterprise from any other authorized rate, fee, assessment, or other charge imposed by either enterprise for the provision of goods or services by the enterprise;    Any moneys paid or advanced to the bridge enterprise or the transportation enterprise by the state, a local government or group of local governments, an authority, or any other government-owned business or governmental entity in exchange for an agreement by either enterprise to complete a designated bridge project or a surface transportation infrastructure project; or    Any moneys loaned by the commission to the bridge enterprise pursuant to section 43-4-805 (4) or (5)(r) or the transportation enterprise pursuant to section 43-4-806 (4).          “Highway” means a road and related improvements and services. A highway may consist of improvements and services, including, but not limited to, paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, rail crossings, shoulders, frontage roads, access roads, interchanges, drainage facilities, transit lanes and services, park-and-ride facilities, traffic demand management facilities and services, other multimodal improvements and services, toll collection facilities, service areas, administrative or maintenance facilities, gas, electric, water, sewer, and other utilities located or to be located in the right-of-way of the highway, and other real or personal property, including easements, rights-of-way, open space, and other interests therein, relating to the financing, construction, operation, or maintenance of the highway.    “Issuing enterprise” means, with respect to the issuance of bonds as authorized by this part 8, either the bridge enterprise or the transportation enterprise.    “Local government” means a municipality, county, or city and county.    “Metropolitan planning organization” means a metropolitan planning organization under the “Federal Transit Act of 1998”, 49 U.S.C. sec. 5301 et seq., as amended.    “Public-private partnership” means an agreement, including, but not limited to, an operating concession agreement between the bridge enterprise or the transportation enterprise and one or more private or public entities that provides for:   Acceptance of a private contribution to a surface transportation infrastructure project in exchange for a public benefit concerning the project other than only a money payment;    Sharing of resources and the means of providing surface transportation infrastructure projects; or    Cooperation in researching, developing, and implementing surface transportation infrastructure projects.       “Public transportation vehicle” means a motor vehicle that is part of vehicular service that transports the general public and that is provided by a public transportation district or by a local government.    “Regional planning commission” means a regional planning commission formed under the provisions of section 30-28-105, C.R.S., that prepares and submits a transportation plan pursuant to section 43-1-1103.    “Road safety project” means a construction, reconstruction, or maintenance project that the commission determines is needed to enhance the safety of a state highway, a county determines is needed to enhance the safety of a county road, or a municipality determines is needed to enhance the safety of a city street.    “Surface transportation infrastructure” means a highway, a bridge other than a designated bridge, or any other infrastructure, facility, or equipment used primarily or in large part to transport people on systems that operate on or are affixed to the ground.    “Surface transportation infrastructure project” means the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, or operation of a defined amount of surface transportation infrastructure by:   The transportation enterprise; or    A partner of the transportation enterprise under the terms of a public-private partnership.       “Transportation enterprise” means the high-performance transportation enterprise created in section 43-4-806 (2)(a).    “Transportation enterprise board” means the board of directors of the transportation enterprise.    “Transportation enterprise director” means the director of the transportation enterprise appointed pursuant to section 43-4-806 (2)(b). (26.5) “Tunnel project” means a project to repair, maintain, or enhance the operation of any tunnel that is part of the state highway system.    “User fee” means compensation to be paid to the transportation enterprise or a partner of the transportation enterprise for the privilege of using surface transportation infrastructure constructed or operated by the transportation enterprise or operated by its partner under the terms of a public-private partnership.    “Vehicle” means a motor vehicle as defined in section 42-1-102 (58), C.R.S.; except that, for purposes of the imposition of any surcharge, fee, or fine imposed pursuant this part 8 in connection with a vehicle required to be registered pursuant to the provisions of article 3 of title 42, C.R.S., “vehicle” also includes any vehicle without motive power that is required to be registered.      History. Source: L. 2009: Entire part R&RE,(SB 09-108), ch. 5, p. 12, § 1, effective March 2. L. 2021: (4) and (7) amended and (26.5) added,(SB 21-260), ch. 250, p. 1440, § 46, effective June 17.    Editor's note:   This section is similar to former § 43-4-802 as it existed prior to 2009, and the former § 43-4-803 was relocated to §§ 43-4-805 and 43-4-806 .   Cross references:   For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.   ANNOTATION   Definition of “grant” in subsection (13) is valid and precludes federal funds and designated bridges received by the statewide bridge enterprise from being considered “grants” for purposes of the Taxpayer's Bill of Rights, art. X, § 20, of the state constitution.TABOR Found. v. Colo. Bridge Enter., , 353 P.3d 896 .