2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Article 1 - GENERAL AND ADMINISTRATIVE (§§ 43-1-101 — 43-1-1604) › Part 1 - DEPARTMENT OF TRANSPORTATION (§§ 43-1-101 — 43-1-137) › Section 43-1-117.5 - Transit and rail division - created - powers and duties - pilot project to expand transit - reports - repeal

(1)
There is hereby created in the department of transportation the transit and rail division, the head of which shall be the director of the transit and rail division, which office is hereby created.
(2)
The transit and rail division and the office of the director of the division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department and the executive director.
(3)
(a)
The transit and rail division shall be responsible for the planning, development, operation, and integration of transit and rail, including, where appropriate, advanced guideway systems, into the statewide transportation system; shall, in coordination with other transit and rail providers, plan, promote, and implement investments in transit and rail services statewide; and shall have the following specific powers and duties:
(I)
To develop, in accordance with part 11 of this article and consistent with the requirements of
23 U.S.C. secs. 134
and
135
, a statewide transit and passenger rail plan that shall be integrated by the department as an element of the statewide transportation plan. The plan shall identify local, interregional, and statewide transit and passenger rail needs and priorities.
(II)
To promote, plan, design, build, finance, operate, maintain, and contract for transit services, including, but not limited to, bus, passenger rail, and advanced guideway systems services;
(III)
To establish and modify fares and schedules for transit, passenger rail, and advanced guideway services provided directly by the state or contracted for by the state;
(IV)
To administer and expend state and federal funds that may be dedicated by law, by appropriation by the general assembly, or by the commission for:
(A)
The construction, maintenance, and operation of interregional transit, advanced guideway, and passenger rail services; and
(B)
Transit projects including, but not limited to, facilities, equipment, services, and the provision of grants to transit operators;
(V)
To coordinate and negotiate with railroads regarding the siting of passenger rail tracks and other facilities and the coordination of transit services;
(VI)
To support the department in representing the state with respect to the development of intercity rail facilities, including but not limited to submission of applications to the United States department of transportation for approval and funding of high-speed rail projects, commissioning of any necessary studies, and coordination with other states to facilitate such applications; and
(VII)
To coordinate and cooperate with regional transportation authorities created pursuant to part 6 of article
4
of this title and other regional or corridor-specific entities concerned with the planning, development, operation, and integration of transit, passenger rail, or advanced guideway systems in the statewide transportation system.
(b)
In exercising the powers and performing the duties set forth in paragraph (a) of this subsection (3), the transit and rail division shall coordinate with the regional transportation district created in article
9
of title
32
, C.R.S., regional transportation authorities created pursuant to part 6 of article
4
of this title, and other transit operators to ensure the efficient provision of transit services. The authority given to the division pursuant to paragraph (a) of this subsection (3) shall not be construed to limit or otherwise affect the powers of any transit operator or other local governmental entity or to usurp or duplicate the existing regulatory authority over railroads of the federal railroad administration, the federal surface transportation board, or the public utilities commission.
(4)
(a)
The transit and rail division shall establish a pilot project, beginning no later than July 1, 2022, and concluding on June 30, 2025, for the extension of state-run transit systems. The goals of the pilot project are to increase ridership on state-run transit, reduce vehicle miles traveled in the state, and reduce ground level ozone in the state.
(b)
On or before December 1, 2023, and on or before December 1 of each year through 2025, the transit and rail division shall report to the transportation legislation review committee created in section
43-2-145
on the implementation of the pilot project, including information on the services that are expanded or extended and estimates of the increased ridership as a result of the pilot project.
(c)
Three days after May 26, 2022, the state treasurer shall transfer thirty million dollars from the general fund to the state highway fund created in section
43-1-219
for use by the transit and rail division for the purposes specified in this subsection (4).
(d)
This subsection (4) is repealed, effective July 1, 2026.
(5)
(a)
The transit and rail division shall provide a report containing a development plan for rocky mountain rail service to the house of representatives transportation, housing and local government committee and the senate transportation and energy committee, or their successor committees, and the governor no later than December 31, 2024.
(b)
This subsection (5) is repealed, effective July 1, 2025.
Amended by 2024 Ch. 186,§ 9, eff. 5/16/2024.
Amended by 2022 Ch. 469, §222, eff. 8/10/2022.
Amended by 2022 Ch. 236, §4, eff. 5/26/2022.
L. 2009: Entire section added, (SB 09 - 09 4), ch. 280, p. 1250, §3, effective May 20.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).