CO Code § 43-4-1302 (2021)
2021 Colorado Code|Title 43 - Transportation|Article 4 - Financing|Part 13 - Nonattainment Area Air Pollution Mitigation Enterprise|§ 43-4-1302. Definitions

 As used in this part 13, unless the context otherwise requires:    “Air pollutant” has the same meaning as set forth in section 25-7-103 (1.5).    “Battery electric motor vehicle” means a motor vehicle that is powered exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion.    “Board” means the governing board of the enterprise.    “Carshare ride” means a prearranged ride for which the rider agrees, at the time the rider requests the ride through a digital network, to be transported with another rider who has separately requested a prearranged ride regardless of whether or not another rider is actually transported with the rider.    “CMAQ” means the congestion mitigation and air quality improvement program administered by the federal highway administration or any substantially similar successor program.    “Department” means the department of transportation.      “Disproportionately impacted community” means a community that is in a census block group, as determined in accordance with the most recent United States decennial census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent.    As used in this subsection (7):   “Cost-burdened” means a household that spends more than thirty percent of its income on housing.    “Low income” means the median household income is less than or equal to two hundred percent of the federal poverty guideline.          “Electric motor vehicle” means a battery electric motor vehicle, a hydrogen fuel cell motor vehicle, or a plug-in hybrid electric motor vehicle.    “Eligible entity” means a metropolitan planning organization or any other public entity that is eligible to receive CMAQ funding and that is seeking funding from the fund for an eligible project.    “Eligible project” means a project located within a nonattainment area that:   Is eligible for CMAQ funding; or    Reduces emissions of air pollutants or greenhouse gas pollutants.       “Enterprise” means the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a).    “Fund” means the nonattainment area air pollution mitigation enterprise fund created in section 43-4-1303 (5).    “Greenhouse gas pollutant” means anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride.    “Hydrogen fuel cell motor vehicle” means a motor vehicle that is powered by electricity produced from a fuel cell that uses hydrogen gas as fuel.    “Inflation” means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to be made to the air pollution mitigation per ride fee imposed by section 43-4-1303 (7) or the air pollution mitigation retail delivery fee imposed by section 43-4-1303 (8) begins.    “Nonattainment area” means an area that the air quality control commission, created in section 25-7-104, has designated as a nonattainment area pursuant to section 25-7-107.    “Plug-in hybrid electric motor vehicle” means a motor vehicle that is powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine.    “Prearranged ride” has the same meaning as set forth in section 40-10.1-602 (2).    “Retail delivery” means a retail sale of tangible personal property by a retailer for delivery by a motor vehicle owned or operated by the retailer or any other person to the purchaser at a location in the state, which sale includes at least one item of tangible personal property that is subject to taxation under article 26 of title 39. Each such retail sale is a single retail delivery regardless of the number of shipments necessary to deliver the items of tangible personal property purchased.    “Retailer” has the same meaning as set forth in section 39-26-102 (8).    “Retail sale” has the same meaning as set forth in section 39-26-102 (9).    “Rider” has the same meaning as set forth in section 40-10.1-602 (5).    “Tangible personal property has the same meaning as set forth in section 39-26-102 (15).    ”Transportation network company“ has the same meaning as set forth in section 40-10.1-602 (3).    ”Zero emissions motor vehicle“ means a battery electric motor vehicle or a hydrogen fuel cell motor vehicle.      History. Source: L. 2021: Entire part added, (SB 21-260), ch. 250, p. 1463, § 52, effective June 17.