reglab/statecodes huggingface dataset:
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 8 - LOCAL RAIL SERVICE ASSISTANCE (§§ 43-1-801 — 43-1-803) › Section 43-1-803 - Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition

(1)
The executive director of the department of transportation, or his or her designee, is authorized to:
(a)
Accept the donation of an abandoned railroad right-of-way from a railroad company to the state;
(b)
Determine if the abandoned railroad rights-of-way to be donated by railroad companies should be accepted and the method of the conveyance;
(c)
Allow the use of the railroad right-of-way for any public purpose; except that, if such use is incompatible with the operation of a freight or passenger rail service as determined by the director, the use incompatible with rail service shall cease when rail service commences.
(2)
The executive director may, as soon as is practicable, sell, trade, or otherwise convey railroad rights-of-ways obtained pursuant to subsection (1) of this section to an individual, firm, corporation, partnership, association, or other legal entity that has been found by the executive director to be qualified to operate a freight or passenger rail service.
(3)
Upon the sale of the railroad right-of-way to an individual, firm, corporation, partnership, association, or other legal entity that has been found by the executive director to be capable of operating a freight or passenger rail service, the executive director shall deposit the proceeds of the sale in the state rail bank fund created in section
43-1-1309
.
(4)
For purposes of this section, "abandoned railroad right-of-way" means any real property or interest in real property that is or has been owned and operated by a railroad company for rail service upon which the surface transportation board or other responsible federal agency has permitted discontinuance of service and disposal of the real property or interest in the real property. "Abandoned railroad right-of-way" includes any fixtures to the real property, including railroad tracks, that are used or useable in rail service.
L. 97: Entire section added, p. 1617, § 1, effective June 4. L. 2009: (2) amended, (SB 09-094), ch. 280, p. 1252, §5, effective May 20.
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 9 - TRANSIT PLANNING IN AREAS WITH POPULATION UNDER 200,000 (§§ 43-1-901 — 43-1-902) › Section 43-1-901 - Transit planning

The department of transportation and the executive director thereof are hereby designated and authorized to take all steps and adopt all procedures necessary to make and enter into such contracts or agreements as are necessary for state application and administration of the "Federal Transit Act",
49 U.S.C. sec. 5304
. The department of transportation shall develop a procedure in conjunction with affected counties, municipalities, and other public bodies, which procedure shall provide for a fair and equitable distribution of funds pursuant to
49 U.S.C. sec. 5304
within the state. The department of transportation shall develop a procedure in cooperation with affected metropolitan planning organizations, which procedure shall provide for a fair and equitable distribution of section 8 funds within the state.
L. 83: Entire part added, p. 1663, § 1, effective June 15. L. 91: Entire section amended, p. 1097, § 124, effective July 1. L. 92: Entire section amended, p. 1346, § 4, effective July 1. L. 2008: Entire section amended, p. 1916, § 139, effective August 5.
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 9 - TRANSIT PLANNING IN AREAS WITH POPULATION UNDER 200,000 (§§ 43-1-901 — 43-1-902) › Section 43-1-902 - Rules and regulations

The department of transportation is authorized to promulgate necessary rules and regulations in order to carry out the provisions of this part 9.
L. 83: Entire part added, p. 1663, § 1, effective June 15. L. 91: Entire section amended, p. 1097, § 125, effective July 1.
For promulgation of rules and regulations, see article 4 of title 24.
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 10 - ADMINISTRATION OF FUNDS UNDER THE "FEDERAL TRANSIT ACT" (§§ 43-1-1001 — 43-1-1002) › Section 43-1-1001 - Urban mass transportation grants

(1)
The department of transportation and the executive director thereof are hereby designated and authorized to take all steps and adopt all procedures necessary to make and enter into such contracts or agreements as are necessary for the state application and administration of any funds made available under the "Federal Transit Act", codified at
49 U.S.C. sec. 5301
et seq.
(2)
The authority contained in subsection (1) of this section shall not apply to federal grant funds where there exists a designated recipient for such funds, and funds made available under the "Federal Transit Act",
49 U.S.C. sec. 5309
, within the Denver regional transportation district, and funds for other projects in urbanized areas with populations in excess of two hundred thousand persons, except as provided in sections
43-1-601
and
43-1-901
.
L. 89: Entire part added, p. 1630, § 1, effective April 12. L. 91: (1) amended, p. 1098, § 126, effective July 1. L. 92: (2) amended, p. 1346, § 5, effective July 1. L. 99: (2) amended, p. 543, § 2, effective May 5. L. 2005: (2) amended, p. 291, § 45, effective August 8. L. 2006: (2) amended, p. 1514, § 82, effective June 1. L. 2008: Entire section amended, p. 1917, § 140, effective August 5.
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 10 - ADMINISTRATION OF FUNDS UNDER THE "FEDERAL TRANSIT ACT" (§§ 43-1-1001 — 43-1-1002) › Section 43-1-1002 - Rules and regulations

The state department of transportation is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this part 10.
L. 92: Entire section added, p. 1347, § 6, effective July 1.
For promulgation of rules and regulations, see article 4 of title 24.
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 11 - TRANSPORTATION PLANNING (§§ 43-1-1101 — 43-1-1105) › Section 43-1-1101 - Legislative declaration

The general assembly hereby finds and declares that local government involvement in transportation planning is critical to the overall statewide transportation planning process. The general assembly recognizes that regional planning commissions and transportation planning regions are the proper forum for transportation planning and that the county hearing process is the proper forum for local government input into the five-year program of projects. However, the general assembly also recognizes that state involvement in transportation planning, through the department of transportation, is equally critical to overall statewide planning, and the general assembly recognizes the department of transportation as the proper body, in cooperation with regional planning commissions and local government officials, for developing and maintaining the state transportation planning process and the state transportation plan.
L. 91: Entire part added, p. 1042, § 2, effective July 1.
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 11 - TRANSPORTATION PLANNING (§§ 43-1-1101 — 43-1-1105) › Section 43-1-1102 - Definitions

For the purposes of this part 11, unless the context otherwise requires:
(1)
"Committee" means the transportation advisory committee created by section
43-1-1104
.
(2)
"County hearing process" means the process of review of highway projects in counties performed by the department.
(3)
"Department" means the department of transportation.
(3.5)
"Metropolitan area" means the area determined by agreement between a metropolitan planning organization and the governor pursuant to
23 U.S.C. sec. 134
.
(4)
"Metropolitan planning organization" means a metropolitan planning organization under the "Federal Transit Act", codified at
49 U.S.C. sec. 5301
et seq.
(5)
"Regional planning commission" means a regional planning commission formed under the provisions of section
30-28-105
, C.R.S.
(6)
"Regional transportation plan" means a technically based, long-range, future mobility needs assessment for any planning and management region.
(7)
"State plan" means the comprehensive statewide transportation plan formed by the commission pursuant to the provisions of section
43-1-1103 (5)
.
(7.5)
"Transportation planning organization" means a metropolitan planning organization or a rural transportation planning organization responsible for transportation planning for a transportation planning region.
(8)
(a)
"Transportation planning region" means a region of the state as defined by the rule or regulation process required by section
43-1-1103 (5)
. The maximum number of such regions shall be fifteen unless such number is increased pursuant to paragraph (b) of this subsection (8).
(b)
Each metropolitan planning organization's metropolitan area shall, at a minimum, comprise a transportation planning region. If any new metropolitan planning organization is designated on or after January 1, 1998, the maximum allowable number of transportation planning regions under paragraph (a) of this subsection (8) shall be increased by one region for each such new metropolitan planning organization.
Amended by 2023 Ch. 132,§ 4, eff. 4/28/2023.
L. 91: Entire part added, p. 1042, § 2, effective July 1. L. 98: (3.5) added and (7) amended, p. 462, § 1, effective April 21. L. 2007: (1) and (4) amended, p. 2050, § 101, effective June 1. L. 2008: (4) amended, p. 1917, § 141, effective August 5.
Subsection (7) was originally numbered as subsection (8) and subsection (8) was originally numbered as subsection (7) in House Bill 91-1198, Session Laws of Colorado 1991, chapter 188, section 1, but those subsections were renumbered on revision in 1999 for proper placement.
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 11 - TRANSPORTATION PLANNING (§§ 43-1-1101 — 43-1-1105) › Section 43-1-1105 - Metropolitan planning commissions

The provisions of this part 11 shall not be construed to replace or interfere with the duties of metropolitan planning organizations.
L. 91: Entire part added, p. 1045, § 2, effective July 1. L. 2007: Entire section amended, p. 2050, § 102, effective June 1.
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 12 - PUBLIC-PRIVATE INITIATIVES PROGRAM (§§ 43-1-1201 — 43-1-1209) › Section 43-1-1201 - Definitions

As used in this part 12, unless the context otherwise requires:
(1)
"Private contribution" means the supply by a private entity of resources to accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, equipment, expertise, data, or engineering, construction, or maintenance services.
(2)
"Public benefit" means a department grant of a right or interest in or concerning a transportation system project, including:
(a)
A lease or easement in, under, or above a state highway right-of-way, notwithstanding section
43-1-210
;
(b)
Any use of state highway right-of-way that does not impair highway operation or safety, notwithstanding section
43-3-101(3)
;
(c)
All or part of any revenue or income resulting from the private use of a state highway right-of-way;
(d)
A money payment for services from available funds; and
(e)
Any other benefit that is specifically authorized by law.
(3)
"Public-private initiative" means a nontraditional arrangement between the department and one or more private or public entities that provides for:
(a)
Acceptance of a private contribution to a transportation system project or service in exchange for a public benefit concerning that project or service other than only a money payment;
(b)
Sharing of resources and the means of providing transportation system projects or services; or
(c)
Cooperation in researching, developing, and implementing transportation system projects or services.
(4)
"Retail goods and services" means all goods and services sold to the public other than communications services.
(5)
"Transportation system" means the state transportation infrastructure and related systems, including highways and toll roads open to the public and associated rights-of-way, bridges, vehicles, equipment, park and ride lots, transit stations, transportation management systems, intelligent vehicle highway systems, and other ground transportation systems.
(6)
"Unsolicited proposal" means a written proposal for a public-private initiative that is submitted by a private entity for the purpose of entering into an agreement with the department but that is not in response to a formal solicitation or request issued by the department.
L. 95: Entire part added, p. 255, § 2, effective April 17. L. 2006: (5) amended, p. 239, § 2, effective March 31.
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 12 - PUBLIC-PRIVATE INITIATIVES PROGRAM (§§ 43-1-1201 — 43-1-1209) › Section 43-1-1205 - Revenue - disposition - use

The department shall deposit any private contribution of money and any department share of revenue or income resulting from a transportation system project, if any, in the state highway supplementary fund created in section
43-1-219
. The department shall use the contributed moneys for transportation purposes.
L. 95: Entire part added, p. 260, § 2, effective April 17.
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 12 - PUBLIC-PRIVATE INITIATIVES PROGRAM (§§ 43-1-1201 — 43-1-1209) › Section 43-1-1206 - Rules

The transportation commission created pursuant to section
43-1-106
shall adopt rules that it determines are necessary or appropriate to implement this part 12, including rules on the solicitation and evaluation of public-private initiatives, initiative agreements, private contributions, public benefits to be granted in exchange for contributions, and the receipt, content, and proper handling of unsolicited or comparable proposals for transportation system projects.
L. 95: Entire part added, p. 260, § 2, effective April 17.
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 12 - PUBLIC-PRIVATE INITIATIVES PROGRAM (§§ 43-1-1201 — 43-1-1209) › Section 43-1-1207 - Applicability - public highway use by public and private entities

This part 12 is subject to applicable state and federal laws to the extent that such laws authorize the use of public highways by any public or private entity.
L. 95: Entire part added, p. 260, § 2, effective April 17.
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 12 - PUBLIC-PRIVATE INITIATIVES PROGRAM (§§ 43-1-1201 — 43-1-1209) › Section 43-1-1208 - [Repealed]

L. 95: Entire part added, p. 261, § 2, effective April 17. L. 98: Entire section repealed, p. 447, § 11, effective August 5.
For the legislative declaration contained in the 1998 act repealing this section, see section 1 of chapter 154, Session Laws of Colorado 1998.
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 12 - PUBLIC-PRIVATE INITIATIVES PROGRAM (§§ 43-1-1201 — 43-1-1209) › Section 43-1-1209 - Notice of investment opportunities

(1)
The department or the private entity responsible for funding a public-private initiative under this part 12 may forward the agreement and a description of the investment opportunity for such initiative to any of the following for consideration under their respective statutory authority:
(a)
The board of trustees of the public employees' retirement association created under section
24-51-202
, C.R.S.;
(b)
Repealed.
(c)
The board of directors of the fire and police pension association, as defined in section
31-31-102(2)
, C.R.S.;
(d)
The boards of trustees of the firefighters' and police officers' old hire pension funds, as defined in section
31-30.5-102
(1.5), C.R.S.;
(e)
The board of trustees of the volunteer firefighter pension fund, as defined in section
31-30-1102(1)
, C.R.S.;
(f)
Repealed.
(g)
The board of directors of the university of Colorado hospital authority, as defined in section
23-21-502(2)
, C.R.S.;
(h)
The state treasurer for consideration under section
23-20-117.5
, C.R.S.;
(i)
The county boards of retirement, as described in section
24-54-107
, C.R.S.;
(j)
The governing boards of state colleges and universities, as defined in sections
24-54.5-102(5)
and
24-54.6-102(4)
, C.R.S.; and
(k)
Any employer who has established a defined contribution plan.
L. 98: Entire section added, p. 442, § 2, effective August 5. L. 2001: (1)(a) amended, p. 1286, § 75, effective June 5. L. 2009: (1)(b) repealed, (SB 09-066), ch. 73, p. 260, §25, effective July 1; (1)(d) amended, (HB 09-1030), ch. 16, p. 92, §5, effective August 5. L. 2010: (1)(f) repealed, (HB 10-1422), ch. 419, p. 2125, §187, effective August 11.
For the legislative declaration contained in the 1998 act enacting this section, see section 1 of chapter 154, Session Laws of Colorado 1998.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 43-1-1301 - Legislative declaration - intent

(1)
The general assembly hereby finds and declares that the abandonment of railroad rights-of-way and the resulting loss of railroad service and established railroad corridors will have an adverse impact on the citizens of the state of Colorado. The general assembly further declares that the preservation of these abandoned railroad corridors, before the lines are dismantled and salvaged, is necessary to ensure the continued availability of these corridors for freight or passenger rail service or other public uses should no rail service operator be immediately available.
(2)
The general assembly hereby finds and declares that the preservation of railroad service and railroad rights-of-way benefits the transportation system and the economy of the state. The general assembly further finds and declares that the loss of railroad service and of railroad rights-of-way threaten the potential future use of established railroad corridors for transportation purposes if the rail lines or rights-of-way are allowed to be abandoned or sold for purposes other than transportation.
(3)
It is the intent of the general assembly by enacting this part 13 to establish and endorse policies to encourage the continued use of existing rail lines, preserve lines and rights-of-way, and promote the future use of railroad rights-of-way for transportation and interim recreational purposes.
(4)
If a rail line or right-of-way proposed for abandonment is being considered for acquisition by the state for transportation purposes, which may include interim recreational purposes, the regional planning commissions, acting on behalf of the transportation planning regions, shall assist the state in determining appropriate uses of such rail line or right-of-way. The department and the regional planning commissions shall include in their deliberations representatives from each of the following interests, if such interests are not already represented: Private property owners, recreation and environmental interests, the department of local affairs, and the department of natural resources.
L. 97: Entire part added, p. 1618, § 2, effective June 4.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 43-1-1302 - Definitions

As used in this part 13, unless the context otherwise requires:
(1)
"Interim recreational purposes" means a use for hiking, biking, equestrian, or similar recreational use which does not prevent the restoration and reconstruction of the right-of-way for railroad or other transportation purposes.
(2)
"Railroad right-of-way" means any real property or interest in real property that is or has been owned by a railroad company as the site, or is adjacent to the site, of an existing or former rail line, including fixtures such as railroad tracks, that may be used or are usable to continue rail service.
(3)
"TLRC" means the transportation legislation review committee created in section
43-2-145
.
L. 97: Entire part added, p. 1619, § 2, effective June 4.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 43-1-1303 - Duties of the executive director - TLRC approval - property eligible for acquisition

(1)
An existing rail line or railroad right-of-way or an abandoned railroad right-of-way is eligible for acquisition by the department if the executive director determines that it serves or may serve any one or more of the following purposes:
(a)
Preservation of the rail line for freight or passenger service;
(b)
Maintenance of a rail corridor or railroad right-of-way for future transportation purposes or interim recreational purposes;
(c)
Access to surrounding state manufacturing facilities, agricultural areas, or other locales that may be adversely affected by the loss of rail service or loss of the railroad corridor; or
(d)
Any public use of the rail line or railroad right-of-way that is compatible with the future use as a railroad or other transportation system as transportation is defined in section
43-1-102
.
(2)
The commission shall review any property determined to be eligible for acquisition and approve the acquisition before the executive director submits the prioritized list of rail lines or rights-of-way to be acquired to the TLRC pursuant to subsection (3) of this section.
(3)
The executive director shall submit a prioritized list with recommendations to the TLRC concerning the railroad rights-of-way or rail lines proposed to be acquired by the state and their proposed uses.
(4)
The executive director may accept gifts, grants, and donations for purposes of this part 13, and any moneys so received shall be deposited with the state treasurer to be credited to the state rail bank fund created in section
43-1-1309
.
L. 97: Entire part added, p. 1619, § 2, effective June 4.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 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.
L. 97: Entire part added, p. 1620, § 2, effective June 4.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 43-1-1305 - Acquisition for state rail bank

(1)
The department, subject to section
43-1-1303
, may acquire by purchase all or part of any eligible rail line or right-of-way made available as provided in this part 13. Rail lines and rights-of-way purchased by the department pursuant to this part 13 shall constitute the state rail bank.
(2)
Prior to any acquisition of a rail line or right-of-way pursuant to this part 13 or section
43-1-803
, the department shall prepare an environmental audit of the property and shall consider the environmental condition of the property in its acquisition.
(3)
The commission shall review any property determined to be eligible for acquisition and approve the acquisition before the executive director submits the prioritized list of rail line or right-of-way to be acquired to the TLRC pursuant to section
43-1-1303(3)
.
(4)
Repealed.
L. 97: Entire part added, p. 1620, § 2, effective June 4. L. 98: (4) added, p. 496, § 1, effective April 22. L. 99: (4)(c)(I), (4)(e), and (4)(f) amended, p. 544, § 3, effective May 5. L. 2002: (4)(e) amended, p. 262, § 1, effective August 7.
Subsection (4)(f) provided for the repeal of subsection (4), effective upon the date the revisor of statutes receives notice from the department of transportation that the Towner railroad line has been sold or abandoned. The revisor of statutes was notified on December 15, 2011, that the Towner line had been sold, effective October 4, 2011. (See L. 99, p. 544.)
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 43-1-1307 - Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way

(1)
The transportation legislation review committee shall study the recommendations of the executive director made pursuant to section
43-1-1303(3)
for acquisition of, and use or uses for, abandoned or proposed to be abandoned railroad rights-of-way. On or before October 1 of each year, the executive director shall submit a prioritized list that shall include recommendations for the acquisition and proposed use of abandoned or proposed to be abandoned railroad rights-of-way. The members of the transportation legislation review committee shall determine which abandoned railroad rights-of-way may be acquired by the department and funded out of the state rail bank fund, created in section
43-1-1309
, based upon the greatest need and its proposed use or uses.
(2)
The transportation legislation review committee may hold such hearings as it determines necessary to consider reports, studies, and other pertinent information from any source, including affected individuals, political subdivisions, railroad companies, or other entities, with respect to the acquisition of abandoned railroad rights-of-way.
(3)
The transportation legislation review committee may determine the priority of acquisition of, and use or uses for, abandoned railroad rights-of-way by the department.
L. 97: Entire part added, p. 1622, § 2, effective June 4.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 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.
L. 97: Entire part added, p. 1622, § 2, effective June 4.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 43-1-1309 - State rail bank fund - creation

(1)
There is hereby created the state rail bank fund to which shall be allocated such revenues as the general assembly may from time to time determine. Moneys in the state rail bank fund may be used for the acquisition, maintenance, improvement, or disposal of rail lines or railroad rights-of-way or any other purpose necessary to carry out the implementation of this part 13. All unappropriated balances in the fund at the end of any fiscal year shall remain therein and shall not revert to the general fund.
(2)
Notwithstanding any provision of subsection (1) of this section to the contrary, on March 27, 2002, the state treasurer shall deduct five hundred thousand dollars from the state rail bank fund and transfer such sum to the general fund.
(3)
Notwithstanding any provision of subsection (1) of this section to the contrary, on April 20, 2009, the state treasurer shall deduct one million five hundred forty-three thousand nine hundred thirty-seven dollars from the state rail bank fund and transfer such sum to the general fund.
(4)
Notwithstanding any provision of subsection (1) of this section to the contrary, the state treasurer shall transfer to the general fund any unexpended and unencumbered moneys remaining in the state rail bank fund as of June 30, 2012.
L. 97: Entire part added, p. 1623, § 2, effective June 4. L. 2002: Entire section amended, p. 160, § 22, effective March 27. L. 2009: (3) added, (SB 09-208), ch. 149, p. 628, §36, effective April 20. L. 2012: (4) added, (HB 12-1343), ch. 157, p. 558, § 1, effective May 3.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 43-1-1310 - Effect of transfer of railroad rights-of-way

Any transfer of title of the railroad rights-of-way from a railroad company as provided in section
43-1-803
or in this part 13 shall not affect the title, either possessory or reversionary, of an owner of real property along the currently existing railroad right-of-way. Nothing in this part 13 or in section
43-1-803
shall be construed to supersede
16 U.S.C. sec. 1241
et seq.
L. 97: Entire part added, p. 1623, § 2, effective June 4.
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 13 - ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY (§§ 43-1-1301 — 43-1-1311) › Section 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.
L. 97: Entire part added, p. 1623, § 2, effective June 4.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1401 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The increased population growth and economic activity within the state has resulted in the significant and growing demand for increased construction and reconstruction of highways and other transportation projects within the state to facilitate the movement of people, goods, and information;
(b)
As a result of the increased federal and state funding provided to the department of transportation in recent years for transportation projects, together with the increasing number, size, and complexity of planned transportation projects, the department will benefit from the use of a faster, more efficient, and more cost-effective contractor selection and procurement process to design and construct transportation projects;
(c)
A design-build selection and procurement process will provide the department of transportation with: A savings of time, cost, and administrative burden; improved quality expectations with respect to the schedule and budget of transportation projects, as well as completion of such projects; and a reduction in the risks associated with transportation projects, including reduced duplication of expenses and improved coordination of efforts to meet the transportation needs of Colorado.
(2)
The general assembly intends that this part 14 authorize the department of transportation to enter design-build contracts and to use an adjusted score design-build selection and procurement process for particular transportation projects regardless of the minimum or maximum cost of such projects, based on the individual needs and merits of such projects, and subject to approval by the transportation commission. The general assembly also intends that the department's use of an adjusted score design-build contract process shall not prohibit use of the low bid process currently used by the department pursuant to part 1 of article
92
of title
24
and part 14 of article
30
of title
24
, C.R.S.
L. 99: Entire part added, p. 256, § 1, effective April 9.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1403 - Authority to use a design-build contract process

Notwithstanding any other provision of law to the contrary, the department may select a design-build firm and award a design-build contract for a transportation project as provided in this part 14. The department may include a warranty provision in any design-build contract that requires the design-build firm to perform maintenance services on the completed transportation project.
L. 99: Entire part added, p. 258, § 1, effective April 9.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1404 - Criteria

(1)
The department may use a design-build contract for a transportation project if the design work for such project must be performed before a potential bidder can develop a price or cost proposal for such project and if the chief engineer of the engineering, design, and construction division determines that using a design-build contract is appropriate. The chief engineer shall consider the following factors in making a determination pursuant to this subsection (1):
(a)
The extent to which the transportation project requirements are adequately defined;
(b)
The time constraints for completing the transportation project;
(c)
The capability and experience of potential design-build firms;
(d)
The suitability of the transportation project to a design-build contract; and
(e)
The capability of the department to manage the design-build contract.
(2)
The department may use a design-build contract regardless of the estimated minimum or maximum cost of a transportation project.
L. 99: Entire part added, p. 258, § 1, effective April 9.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1405 - Public notice procedures

At least forty-five days prior to the anticipated date of selecting a design-build firm for a transportation project, the department shall publish a public notice at least twice in one or more daily newspapers of general circulation in the state. The public notice shall set forth a general description of the transportation project.
L. 99: Entire part added, p. 258, § 1, effective April 9.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1407 - Stipulated fee

At its discretion, the department may award a stipulated fee to the design-build firms that submit responsive proposals but that are not awarded the design-build contract for a transportation project. The department shall not be required to award such stipulated fee, but if it elects to award such fee for a transportation project, the department shall identify the availability and the amount of such fee in its request for proposals.
L. 99: Entire part added, p. 260, § 1, effective April 9.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1408 - Commission approval required

The department shall obtain approval from the transportation commission prior to using an adjusted score design-build contract process for any transportation project.
L. 99: Entire part added, p. 260, § 1, effective April 9.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1409 - Rule-making authority

(1)
The department may adopt rules in accordance with sections
43-1-110
and
24-4-103
, C.R.S., to:
(a)
Establish requirements for the procurement of design-build contracts that it determines necessary or appropriate, including but not limited to rules implementing the design-build selection and contract procedures, subcontracting, and the warranty provisions of this part 14; and
(b)
Further define and implement the processes and procedures for the performance of utility relocation work necessitated by a design-build transportation project, including, but not limited to, the allocation of responsibility for damages due to delay among the department, the design-build contractor, and utility companies that do not enter into project specific utility relocation agreements, and the creation of a forum and process to resolve changes in the conditions of the design-build transportation project that impact utility relocation work when the department and a utility company have not entered into a project specific utility relocation agreement.
L. 99: Entire part added, p. 260, § 1, effective April 9. L. 2000: Entire section amended, p. 1611, § 2, effective June 1.
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 14 - DESIGN-BUILD CONTRACTS (§§ 43-1-1401 — 43-1-1412) › Section 43-1-1412 - Utility relocation delays

(1)
When a utility company delegates the responsibility for the performance of any utility relocation work necessitated by a design-build transportation project to the department's contractor for the project pursuant to a project specific utility relocation agreement, the utility company shall not be responsible to the department for any damages caused by the delay in the performance of the relocation work or the interference by the department's contractor in the performance of any part of the project by another contractor.
(2)
(a)
When a utility company chooses to perform any utility relocation work necessitated by a design-build transportation project, the utility company shall complete the relocation work within the time specified in the project specific utility relocation agreement or in the performance schedule for the project as set forth in the written notice provided to the company by the department in accordance with section
43-1-1411(4)
. The company shall not interfere with the performance of the design-build transportation project by any other contractor.
(b)
Notwithstanding the provisions of section
43-1-1411(3)(b)
, a utility company shall not be liable for damages caused by the failure to timely perform the relocation work or the interference with the performance of the design-build transportation project by any other contractor when the failure to perform or the interference is caused by a force majeure.
L. 2000: Entire section added, p. 1615, § 3, effective June 1.
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 15 - PROVISION OF RETAIL OR COMMERCIAL GOODS AND SERVICES AT PUBLIC TRANSPORTATION TRANSFER FACILITIES ON DEPARTMENT-OWNED PROPERTY (§§ 43-1-1501 — 43-1-1504) › Section 43-1-1501 - Definitions

As used in this part 15, unless the context otherwise requires:
(1)
"Public entity" includes, but is not limited to, a public body, as that term is defined in section
32-9-103(11)
, C.R.S., and any other governmental entity, agency, or official.
(2)
"Retail goods and services" means all goods and services sold to the public.
(3)
"Transfer facility" means a public park-n-ride, bus terminal, light rail station, or other bus or rail transfer facility operated on property that is owned by the department.
L. 99: Entire part added, p. 263, § 5, effective April 9.
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 15 - PROVISION OF RETAIL OR COMMERCIAL GOODS AND SERVICES AT PUBLIC TRANSPORTATION TRANSFER FACILITIES ON DEPARTMENT-OWNED PROPERTY (§§ 43-1-1501 — 43-1-1504) › Section 43-1-1502 - Provision of retail and commercial goods and services at transfer facilities on department property

Any public entity other than the department shall obtain the approval of the executive director of the department before negotiating and entering into any agreement with any person or public entity for the provision of retail and commercial goods and services to the public at a transfer facility that is located on property that is owned by the department and leased to the regional transportation district or such other public entity for the operation of such transfer facility.
L. 99: Entire part added, p. 263, § 5, effective April 9.
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 15 - PROVISION OF RETAIL OR COMMERCIAL GOODS AND SERVICES AT PUBLIC TRANSPORTATION TRANSFER FACILITIES ON DEPARTMENT-OWNED PROPERTY (§§ 43-1-1501 — 43-1-1504) › Section 43-1-1503 - Department transfer facilities - provision of retail and commercial goods and services

(1)
Notwithstanding the provisions of section
43-3-101
, the executive director shall have the authority to negotiate and enter into agreements with any person or public entity for the provision of retail and commercial goods and services to the public at any transfer facility that is owned, leased, or operated by the department.
(2)
Any person or public entity obtaining the use of any portion of a transfer facility that is owned, leased, or operated by the department for the provision of retail or commercial goods or services shall enter into an agreement with the department that is consistent with section
43-1-1204
. Such agreement may provide that private contributions to the department include the provision of real property, services, or capital improvements to facilities used in transit services.
(3)
Any use of a transfer facility that is owned, leased, or operated by the department for the provision of retail or commercial goods or services shall not be implemented if the use would reduce transit services or the availability of adequate parking for the public or would result in a competitive disadvantage to a private business reasonably near a transfer facility engaging in the sale of similar goods and services. The provision of retail and commercial goods and services at transfer facilities that are owned, leased, or operated by the department shall be designed to offer convenience to transit customers and shall not be conducted in a manner that encourages automobile traffic from nontransit users.
(4)
Any development of any portion of a transfer facility owned, leased, or operated by the department and made available by the department for the provision of retail or commercial goods or services shall be subject to all applicable laws, ordinances, and regulations of any municipality, county, or city and county in which the transfer facility is located, including planning and zoning regulations.
L. 99: Entire part added, p. 263, § 5, effective April 9.