2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › FINANCING (§§ 43-4-101 — 43-4-1507) › Article 4 - FINANCING (§§ 43-4-101 — 43-4-1507) › Part 6 - REGIONAL TRANSPORTATION AUTHORITY LAW (§§ 43-4-601 — 43-4-622) › Section 43-4-602 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Advertising device" means an outdoor sign, display, poster, or other message used to advertise a product or service or other message.
(1.5)
"Authority" means a body corporate and political subdivision of the state created pursuant to this part 6 or a transportation planning organization exercising the powers of an authority as authorized by section
43-4-622
.
(2)
"Board" means the board of directors of an authority or of a transportation planning organization exercising the powers of an authority as authorized by section
43-4-622
.
(3)
"Bond" means any bond, note, interim certificate, contract, or other obligation of an authority authorized by this part 6.
(3.5)
"Boundaries of the authority" means the boundaries specified in the contract creating the authority, as may be changed in the manner provided in section
43-4-605 (2)
, or the boundaries of the territory in which a transportation planning organization is authorized to exercise the powers of an authority as specified in the resolution authorizing the transportation planning organization to exercise the powers of an authority adopted by the board of the transportation planning organization as authorized by section
43-4-622
, as may be changed in the manner provided in section
43-4-605 (2)
.
(4)
"Combination" means any two or more municipalities, two or more counties, or one or more municipalities and one or more counties. In addition, "combination" may include:
(a)
One or more special districts organized with street improvement, safety protection, or transportation powers under and as defined in article
1
of title
32
, C.R.S., and one or more municipalities, counties, or counties and municipalities;
(b)
The state to the extent authorized by section
43-4-603 (5)
.
(5)
"Construct" or "construction" means the planning, designing, engineering, acquisition, installation, construction, or reconstruction of regional transportation systems.
(6)
"County" means any county organized under the laws of the state, including any city and county.
(7)
"Division" means the division of local government in the department of local affairs.
(8)
"Governmental unit" means the state or any political subdivision thereof, except school districts or special purpose authorities as defined in section
24-77-102 (15)
, C.R.S.
(9)
(a)
"Grant" means a cash payment of public funds made directly to a regional transportation activity enterprise by a governmental unit within the state, which cash payment is not required to be repaid.
(b)
"Grant" does not include the following:
(I)
Public funds paid or advanced to a regional transportation activity enterprise by a governmental unit in exchange for an agreement by a regional transportation activity enterprise to provide a regional transportation system or for the use of property included in or in connection with a regional transportation system;
(II)
Refunds made in the current or next fiscal year;
(III)
Gifts;
(IV)
Any payments directly or indirectly from federal funds or earnings on federal funds;
(V)
Collections for another government;
(VI)
Pension contributions by employees and pension fund earnings;
(VII)
Reserve transfers or expenditures;
(VIII)
Damage awards; or
(IX)
Property sales.
(10)
"Municipality" has the same meaning as that provided in section
31-1-101 (6)
, C.R.S.
(11)
"Operation and maintenance expenses" means all reasonable and necessary current expenses of the authority, paid or accrued, of operating, maintaining, and repairing any regional transportation system.
(12)
"Person" means any natural person, corporation, partnership, association, or joint venture, the United States of America, or any governmental unit.
(12.5)
"Region" means all of the territory within the boundaries of, and subject to the jurisdiction of, the governing body of any member of a combination that creates an authority pursuant to section
43-4-603
or the governing body of any member of a transportation planning organization exercising the powers of an authority as authorized by section
43-4-622
.
(13) and (14)
(Deleted by amendment, L. 2005, p. 1058, § 3, effective January 1, 2006.)
(15)
"Regional transportation activity enterprise" means any regional transportation activity business owned by an authority, which enterprise receives under ten percent of its annual revenues in grants from all state and local governments within the state combined and is authorized to issue its own revenue bonds pursuant to this part 6.
(16)
"Regional transportation system" means any property, improvement, or system designed to be compatible with established state and local transportation plans that transports or conveys people or goods or permits people or goods to be transported or conveyed within a region by any means, including, but not limited to, an automobile, truck, bus, rail, air, or gondola. The term includes any real or personal property or equipment, or interest therein, that is appurtenant or related to any property, improvement, or system that transports or conveys people or goods or permits people or goods to be transported or conveyed within a region by any means or that is financed, constructed, operated, or maintained in connection with the financing, construction, operation, or maintenance of any such property, improvement, or system. The term may also include, but is not limited to, any highway, road, street, bus system, railroad, airport, gondola system, or mass transit system and any real or personal property or equipment, or interest therein, used in connection therewith; any real or personal property or equipment, or interest therein, that is used to transport or convey gas, electricity, water, sewage, or information or that is used in connection with the transportation, conveyance, or provisions of any other utilities; and paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, cross-roads, parkways, drainage facilities, mass transit lanes, park-and-ride facilities, toll collection facilities, service areas, and administrative or maintenance facilities. Rights-of-way included in a regional transportation system shall be considered public rights-of-way for purposes of the location of utilities owned by persons other than the authority; except that no right-of-way within the regional transportation district created and existing pursuant to article
9
of title
32
, C.R.S., that is not a publicly dedicated right-of-way by a municipality, a county, or the state shall be considered a public right-of-way as a result of its inclusion in the district.
(16.5)
"Revenues" means any tolls, fees, rates, charges, assessments, taxes, grants, contributions, or other income and revenues received by the authority.
(16.7)
"Special district" has the same meaning as provided in section
32-1-103 (20)
, C.R.S.
(17)
"State" means the state of Colorado or any of its agencies.
(18)
"Streetscape enhancement" means an advertising device located on a bus or transit shelter or bench, waste receptacle, kiosk, or other freestanding structure located within an authority.
(19)
"Transportation planning organization" means a metropolitan planning organization, as defined in section
43-1-1102 (4)
, or a rural transportation planning organization responsible for transportation planning for a transportation planning region, as defined in section
43-1-1102 (8)
.
Amended by 2021 Ch. 250, §36, eff. 6/17/2021.
L. 97: Entire part added, p. 480, § 1, effective August 6. L. 2005: (1), (5), (9)(a), (9)(b)(I), (11), (13), (14), (15), and (16) amended and (1.5), (12.5), (16.5), and (18) added, p. 1058, § 3, effective 1/1/2006. L. 2010: (4) amended and (16.7) added, (HB 10-1243), ch. 1804, p. 1804, § 3, effective August 11. L. 2021: (1.5), (2), and (12.5) amended and (3.5) and (19) added, (SB 21-260), ch. 1429, p. 1429, § 36, effective June 17.
For the legislative declaration contained in the 2005 act amending subsections (1), (5), (9)(a), (9)(b)(I), (11), (13), (14), (15), and (16) and enacting subsections (1.5), (12.5), (16.5), and (18), see section 1 of chapter 269, Session Laws of Colorado 2005. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.