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 8 - FUNDING ADVANCEMENT FOR SURFACE TRANSPORTATION AND ECONOMIC RECOVERY (§§ 43-4-801 — 43-4-814) › Section 43-4-806 - Colorado transportation investment office - creation - enterprise status - board - funds - powers and duties - user fees - limitations - reporting requirements - violations on the peak period shoulder lanes - legislative declaration - definitions

(1)
The general assembly hereby finds and declares that:
(a)
It is necessary, appropriate, and in the best interests of the state for the state to aggressively pursue innovative means of more efficiently financing important surface transportation infrastructure projects that will improve the safety, capacity, and accessibility of the surface transportation system, provide diverse, multimodal transportation options that reduce traffic congestion and degradation of existing surface transportation infrastructure and offer more transportation choices for system users, can feasibly be commenced in a reasonable amount of time, will allow more efficient movement of people, goods, and information throughout the state, and will accelerate the economic recovery of the state;
(b)
Such innovative means of financing projects include, but are not limited to, public-private partnerships, operating concession agreements, user fee-based project financing, and availability payment and design-build contracting; and
(c)
It is the intent of the general assembly that the high-performance transportation enterprise created in this section actively seek out opportunities for public-private partnerships for the purpose of completing surface transportation infrastructure projects and that this section be broadly construed to allow the transportation enterprise sufficient flexibility, consistent with the requirements of the state constitution, to pursue any available means of financing such surface transportation infrastructure projects that will allow the efficient completion of the projects.
(1.5)
The general assembly further finds and declares that:
(a)
(I)
The transportation enterprise provides both services to persons who pay user fees for the privilege of using surface transportation infrastructure projects and additional impact remediation services to all persons who use or indirectly benefit from the use of the surface transportation infrastructure project network and other surface transportation infrastructure in the state by completing and operating surface transportation infrastructure projects that reduce wear and tear on and increase the reliability, safety, and expected useful life of state highways and bridges, reduce traffic congestion and attendant delays, provide additional transportation options, reduce emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduce the adverse environmental and health impacts of such emissions; and
(II)
By providing services as authorized by this part 8, the transportation enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and generates revenue by collecting fees from services users, and therefore operates as a business in accordance with the determination of the Colorado supreme court in Nicholl v. E
-470
Public Highway Authority, 896 P.2d 859 (Colo. 1995), and the Colorado court of appeals in TABOR Foundation v. Colorado Bridge Enterprise, 2014COA 106;
(b)
Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution and the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36, that a charge is not a tax if the primary purpose of the charge is to not to raise revenue for general governmental purposes, it is the conclusion of the general assembly that the revenue collected by the transportation enterprise from user fees is generated by fees, not taxes, because the user fees imposed by the transportation enterprise:
(I)
Are imposed for the specific purpose of allowing the transportation enterprise to defray the costs of completing, operating, and maintaining the surface transportation infrastructure project network;
(II)
Thereby:
(A)
Fund the specific benefit of the privilege of accessing surface transportation infrastructure projects for user fee payers;
(B)
Fund additional benefits of the remediation services provided by the transportation enterprise, including reduction of traffic congestion and attendant delays, provision of additional transportation options, reduced emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduced adverse environmental and health impacts of such emissions caused by the use of motor vehicles, for user fee payers; and
(III)
Will be collected at rates that are reasonably calculated by the transportation enterprise board based on the costs of providing the benefits provided to user fee payers and the costs of remediating the impacts caused by fee payers.
(2)
(a)
(I)
The high-performance transportation enterprise is hereby created. The transportation enterprise shall operate as a government-owned business within the department and shall be a division of the department. The board of the transportation enterprise shall consist of the following seven members:
(A)
Four members appointed by the governor, each of whom shall have professional expertise in transportation planning or development, local government, design-build contracting, public or private finance, engineering, environmental issues, or any other area that the governor believes will benefit the board in the execution of its powers and performance of its duties. The governor shall appoint one member who resides within the planning area of the Denver regional council of governments, one member who resides within the planning area of the Pikes Peak area council of governments, one member who resides within the planning area of the north front range metropolitan planning organization, and one member who resides within the interstate 70 mountain corridor.
(B)
Three members of the commission appointed by resolution of the commission.
(II)
Initial appointments to the transportation enterprise board shall be made no later than July 1, 2009. Members of the board shall serve at the pleasure of the appointing authority and without compensation. Vacancies in the membership of the transportation enterprise board shall be filled in the same manner as regular appointments.
(III)
(A)
The transportation enterprise and the transportation enterprise director are
type 1
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department.
(B)
The powers, duties, and functions of the transportation enterprise include the powers, duties, and functions of the statewide tolling enterprise, created in the department pursuant to section
43-4-803 (1)
, prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.
(b)
The transportation enterprise board shall, with the consent of the executive director, appoint a director of the enterprise who shall possess such qualifications as may be established by the board and the state personnel board. The director shall oversee the discharge of all responsibilities of the transportation enterprise and shall serve at the pleasure of the board.
(c)
The business purpose of the transportation enterprise is to pursue public-private partnerships and other innovative and efficient means of completing surface transportation infrastructure projects. To allow the transportation enterprise to accomplish this purpose and fully exercise its powers and duties through the transportation enterprise board, the transportation enterprise may:
(I)
Subject to the limitations specified in section
43-4-808 (3)
and subsection (7.6) of this section, impose user fees, including the congestion impact fee authorized by subsection (7.6) of this section, for the privilege of using surface transportation infrastructure;
(II)
Issue or reissue revenue bonds payable from the revenues and other available moneys of the transportation enterprise pledged for their payment as authorized in section
43-4-807
;
(III)
Contract with any other governmental or nongovernmental source of funding for loans or grants to be used to support transportation enterprise functions; and
(IV)
Seek out and enter into public-private partnerships.
(d)
The transportation enterprise shall constitute an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this paragraph (d), the transportation enterprise shall not be subject to any provisions of section 20 of article X of the state constitution.
(3)
(a)
The statewide transportation enterprise special revenue fund, referred to in this part 8 as the "transportation special fund", is created in the state treasury. All revenue received by the transportation enterprise, including all revenue from both user fees collected from users of a particular surface transportation infrastructure project and congestion impact fees, collected pursuant to subsections (2)(c)(I) and (7.6) of this section, must be deposited into the transportation special fund. The transportation enterprise board may establish separate accounts within the transportation special fund as needed in connection with any specific surface transportation infrastructure project. The transportation enterprise also may deposit or permit others to deposit other money into the transportation special fund, but in no event may revenue from any tax otherwise available for general purposes be deposited into the transportation special fund. The state treasurer, after consulting with the transportation enterprise board, shall invest any money in the transportation special fund, including any surplus or reserves, but excluding any proceeds from the sale of bonds or earnings on such proceeds invested pursuant to section
43-4-807 (2)
, that are not needed for immediate use. Such money may be invested in the types of investments authorized in sections
24-36-109
,
24-36-112
, and
24-36-113
.
(b)
All interest and income derived from the deposit and investment of moneys in the transportation special fund shall be credited to the transportation special fund and, if applicable, to the appropriate surface transportation infrastructure project account. Moneys in the transportation special fund shall be continuously appropriated to the transportation enterprise for the purposes set forth in this part 8. All moneys deposited in the transportation special fund shall remain in the fund for the purposes set forth in this part 8, and no part of the fund shall be used for any other purpose.
(c)
The transportation enterprise shall prepare a separate annual accounting of the user fees collected from any surface transportation infrastructure project upon which any user fee is imposed and of congestion impact fees. A partner of the enterprise may prepare the annual accounting for a project upon which it imposes a user fee pursuant to the terms of a public-private partnership.
(d)
The transportation enterprise may expend moneys in the transportation special fund to pay bond obligations, to fund surface transportation infrastructure projects, and for the acquisition of land to the extent required in connection with any surface transportation infrastructure project. The transportation enterprise may also expend moneys in the transportation special fund to pay its operating costs and expenses. The transportation enterprise board shall have exclusive authority to budget and approve the expenditure of moneys in the transportation special fund.
(4)
The commission may transfer moneys from the state highway fund created in section
43-1-219
to the transportation enterprise for the purpose of defraying expenses incurred by the transportation enterprise prior to the receipt of bond proceeds or revenues by the enterprise. The transportation enterprise may accept and expend any moneys so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer shall constitute a loan from the commission to the transportation enterprise and shall not be considered a grant for purposes of section 20 (2)(d) of article X of the state constitution. As the transportation enterprise receives sufficient revenues in excess of expenditures, the enterprise shall reimburse the state highway fund for the principal amount of any loan made by the commission plus interest at a rate set by the commission. Any moneys loaned to the transportation enterprise pursuant to this section shall be deposited into a fund to be known as the statewide transportation enterprise operating fund, which fund is hereby created, or an account within the transportation special fund. All loaned money deposited into the transportation special fund shall be accounted for separately from other transportation special fund money.
(5)
Notwithstanding any other provision of this section, user fee revenue collected from users of a particular surface transportation infrastructure project must be expended only for purposes authorized by subsection (3) of this section and only for the surface transportation infrastructure project for which they were collected, to address ongoing congestion management needs related to the project, or as a portion of the expenditures made for another surface transportation infrastructure project that is integrated with the project as part of a surface transportation system; except that the transportation enterprise board may expend user fee revenue from each surface transportation infrastructure project in proportion to the total amount of such revenue generated by the project to pay overhead of the transportation enterprise. User fee revenue generated by the congestion impact fee imposed by the transportation enterprise pursuant to subsection (7.6) of this section may be expended on any part of the surface transportation infrastructure project network and for overhead of the transportation enterprise.
(6)
In addition to any other powers and duties specified in this section, the transportation enterprise board has the following powers and duties:
(a)
To supervise and advise the transportation enterprise director;
(b)
To adopt bylaws for the regulation of its affairs and the conduct of its business;
(c)
To issue revenue bonds, payable solely from the transportation special fund, for the purpose of completing surface transportation infrastructure projects;
(d)
To acquire, hold title to, and dispose of real and personal property as necessary in the exercise of its powers and performance of its duties;
(e)
To acquire, by purchase, gift, or grant, or, subject to the requirements of articles
1
to
7
of title
38
, C.R.S., by condemnation, any and all rights-of-way, lands, buildings, moneys, or grounds necessary or convenient for its authorized purposes;
(f)
To enter into agreements with the commission, or the department to the extent authorized by the commission, under which the transportation enterprise agrees to complete surface transportation infrastructure projects as specified in the agreements;
(g)
To make and enter into contracts or agreements with any private or public entity to facilitate a public-private partnership, including, but not limited to:
(I)
An agreement pursuant to which the transportation enterprise or the enterprise on behalf of the department operates, maintains, or provides services or property in connection with a surface transportation infrastructure project; or
(II)
An agreement pursuant to which a private entity completes all or any portion of a surface transportation infrastructure project on behalf of the transportation enterprise;
(h)
To make and to enter into all other contracts or agreements, including, but not limited to, design-build contracts, as defined in section
43-1-1402 (3)
, and intergovernmental agreements pursuant to section
29-1-203
, C.R.S., that are necessary or incidental to the exercise of its powers and performance of its duties;
(i)
To employ or contract for the services of consulting engineers or other experts as are necessary in its judgment to carry out its powers and duties;
(j)
To prepare, or cause to be prepared, detailed plans, specifications, or estimates for any surface transportation infrastructure project within the state;
(k)
In connection with any surface transportation infrastructure project, to acquire, finance, repair, reconstruct, replace, operate, or maintain any surface transportation infrastructure within the state;
(l)
To set and adopt, on an annual basis, a budget for the transportation enterprise;
(m)
To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to purchase, dispose of, or encumber real or personal property or any interest therein, including easements and rights-of-way, without restriction or limitation;
(n)
To enter into interest rate exchange agreements for bonds that have been issued in accordance with article
59.3
of title
11
, C.R.S.;
(o)
Pursuant to section
24-1-107.5
, C.R.S., to establish, create, and approve nonprofit entities and bonds issued by or on behalf of such nonprofit entities for the purpose of completing a surface transportation infrastructure project, to accept the assets of any such nonprofit entity, to obtain an option to acquire the assets of any such nonprofit entity by paying its bonds, to appoint or approve the appointment of members of the governing board of any such nonprofit entity, and to remove the members of the governing board of any such nonprofit entity for cause;
(p)
To transfer money, property, or other assets of the transportation enterprise to the department to the extent necessary to implement the financing of any surface transportation infrastructure project or for any other purpose authorized in this part 8;
(p.5)
In accordance with an implementation plan developed as required by section 32-9-107.7 (4), to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the department, to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service; and
(q)
To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted in this section.
(7)
(a)
In addition to the powers and duties specified in subsection (6) of this section, the transportation enterprise board has the duty to evaluate any toll highway in the state that is owned and offered for sale or for lease and an operating concession by an entity other than the state in order to determine whether it is in the best interests of the state for the transportation enterprise to purchase or lease the toll highway or a partial interest in the toll highway that is being offered for sale, lease, or concession or enter into a public-private partnership in connection with the toll highway. In evaluating a toll highway, the transportation enterprise board shall consider the financial costs and benefits to the state and users of the toll highway of purchasing or leasing the toll highway or a partial interest in the toll highway or entering into a public-private partnership in connection with the toll highway; the effect of such a purchase, lease, or public-private partnership on statewide, regional, or local transportation plans previously adopted and on future transportation planning; and any other factors deemed significant by the board. In considering the effect on regional or local transportation plans, the transportation enterprise board shall consult with the appropriate regional or local transportation planning agency. Subject to criteria, procedures, processes, and rules established by the entity other than the state offering the toll highway for sale or for lease and an operating concession including, without limitation, provisions for rejecting all bids or proposals and short-listing bidders and proposers, and without any special consideration for either public or private sector interests that may bid on or propose to purchase or lease a toll highway, the transportation enterprise board may bid on or propose to purchase or lease a toll highway or a partial interest in a toll highway so offered without change or delay of such criteria, procedures, processes, and rules or may enter into a public-private partnership in connection with a toll highway and may finance all or a portion of the purchase or lease of a toll highway or a public-private partnership entered into in connection with a toll highway by issuing bonds as authorized by section
43-4-807
if the board determines that the purchase, lease, or public-private partnership is in the best interests of the state. Funding to perform a toll highway evaluation shall be provided by the department and managed by the transportation enterprise board. An entity other than the state shall consider and represent the interests of its constituency at all times during and after the evaluation process conducted by the transportation enterprise board pursuant to this subsection (7).
(b)
For purposes of this subsection (7), "entity other than the state" means a public highway authority created pursuant to section
43-4-504
, a regional transportation authority created pursuant to section
43-4-603
, a toll road or toll highway company formed pursuant to section
7-45-101
, C.R.S., or any other natural person or entity other than the state or a department or agency of the state that may own a toll highway.
(c)
This subsection (7) shall not be construed to require the transportation enterprise board to purchase or lease any toll highway or partial interest in a toll highway or to enter into any public-private partnership in connection with any toll highway.
(7.5)
In addition to any other powers and duties specified in this section, the transportation enterprise may enter into a transportation demand management contract with the department under which the department compensates the transportation enterprise for relieving traffic congestion during peak travel times, as determined by the department and the transportation enterprise, in the portion of the interstate 70 mountain corridor that includes and lies between Floyd hill and the Eisenhower-Johnson tunnels by providing and operating reversible highway lanes within that portion of the corridor. If a feasibility study of a moveable barrier system on interstate 70 is completed and demonstrates that such a system is viable and that life safety issues can be addressed, a transportation demand management contract may establish, consistent with planning provisions in section
43-1-1103
, the interstate 70 collaborative effort, context sensitive solutions, and the processes required by the federal "National Environmental Policy Act of 1969",
42 U.S.C. sec. 4321
et seq., the goal of beginning the provision and operation of reversible highway lanes and reporting to the general assembly no later than January 1, 2011. A transportation demand management contract may authorize the transportation enterprise to enter into single-fiscal-year or multiple-fiscal-year operating lease agreements or capital lease or financed purchase of an asset or certificate of participation agreements with a private contractor as needed to provide and operate the reversible highway lanes.
(7.6)
(a)
(I)
In addition to any other powers and duties specified in this section, on and after January 1, 2025, the transportation enterprise shall impose a congestion impact fee on all short-term vehicle rentals at a maximum rate, as determined by the transportation enterprise board, that is reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue and that is, except as otherwise provided in subsection (7.6)(c) of this section, no more than three dollars per day for any vehicle; except that a subsequent renewal of a short-term vehicle rental is exempt from the fee to the extent that the renewal extends the total rental period beyond thirty days. A car sharing program shall collect the congestion impact fee for any short-term vehicle rental of twenty-four hours or longer that is enabled by the car sharing program.
(II)
As used in this subsection (7.6), unless the context otherwise requires:
(A)
"Battery electric motor vehicle" has the same meaning as set forth in section 43-4-1202 (1).
(B)
"Car sharing program" has the same meaning as set forth in section 6-1-1202 (4).
(C)
"Plug-in hybrid electric motor vehicle" has the same meaning as set forth in section 43-4-1202 (14).
(D)
"Short-term vehicle rental" means the rental of any motor vehicle, as defined in section 42-1-102 (58), with a gross vehicle weight rating of twenty-six thousand pounds or less that is rented within Colorado for a period of not more than thirty days.
(b)
The congestion impact fee must be collected, submitted to the department of revenue, administered by the department of revenue, and forwarded by the department of revenue to the state treasurer in the same manner in which the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is collected, submitted, administered, and forwarded pursuant to section 43-4-804 (1)(b)(II). the department of revenue, when forwarding the congestion impact fee to the state treasurer with the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A), shall identify the amounts of each fee being forwarded, and the state treasurer shall credit all congestion impact fees to the transportation special fund. Any vehicle rented pursuant to a vehicle sharing arrangement that is exempt, pursuant to section 43-4-804 (1)(b)(III), from the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is also exempt from the congestion impact fee.
(c)
(I)
For short-term vehicle rentals beginning during state fiscal year 2026-27 and for short-term vehicle rental periods beginning during any subsequent state fiscal year, the daily limits on the amount of the congestion impact fee set forth in subsection (7.6)(a)(I) of this section are annually adjusted for inflation, and the transportation enterprise shall impose the congestion impact fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The transportation enterprise shall notify the department of revenue of the amount of the congestion impact fee to be collected for short-term vehicle rentals during each state fiscal year no later than April 1 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than May 1 of the calendar year in which the state fiscal year begins.
(II)
As used in this subsection (7.6)(c), "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 the congestion impact fee is to be made begins.
(d)
Notwithstanding subsection (7.6)(c) of this section, no later than March 1, 2030, and every fifth March 1 thereafter, the transportation enterprise shall complete an analysis of the rate at which it imposes the congestion impact fee, the amount of revenue generated by the fee, and the use of fee revenue in order to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue. If the transportation enterprise determines that it is imposing or with its next inflation adjustment will be imposing the fee at a rate that generates or will generate more than the needed amount of revenue, it shall lower the rate at which it is imposing the fee or forego or reduce the inflation adjustment to the extent necessary to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue.
(7.7)
In addition to any other powers and duties specified in this section:
(a)
no later than March 1, 2025, the transportation enterprise shall develop a new multimodal strategic capital plan, which the transportation enterprise board may, at its sole discretion, thereafter update as it deems necessary. The plan must:
(I)
Align with the ten-year plan for each mode of transportation approved by the commission in accordance with section 43-1-106 (15)(d), the statewide greenhouse gas pollution reduction goals set forth in section 25-7-102 (2)(g), and other state greenhouse gas reduction priorities;
(II)
Comply with the greenhouse gas transportation planning standard adopted by the commission, any amended or successor standard adopted by the commission, and any other pollution reduction planning standards required for surface transportation infrastructure projects by a federal or state law, regulation, or rule; and
(III)
Prioritize benefits to user fee payers and the reduction of adverse impacts on highways.
(b)
no later than March 1, 2025, the transportation enterprise shall complete an initial assessment of opportunities available through 2030 to leverage federal money made available to the state. After completing the initial assessment, the transportation enterprise shall assess such opportunities on an ongoing basis.
(7.8)
In addition to any other powers and duties specified in this section, the transportation enterprise may enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103(1), and the department of transportation to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service.
(8)
(a)
When the transportation enterprise board decides to study the feasibility or desirability of completing a surface transportation infrastructure project that adds substantial transportation capacity or significantly alters travel patterns, the board shall invite every metropolitan planning organization or other transportation planning region with planning responsibility for any area in which the project will be located and every affected public mass transit operator, as defined in section
43-1-102 (5)
, public highway authority created pursuant to part 5 of this article, and regional transportation authority created pursuant to part 6 of this article to collaborate with the board in its study and review and comment regarding the project. The transportation enterprise board and a metropolitan planning organization, transportation planning region, public mass transit operator, public highway authority, or regional transportation authority may enter into an intergovernmental agreement to define the degree of collaboration and any sharing of costs and revenues. The transportation enterprise board, in collaboration with those metropolitan planning organizations, transportation planning regions, public mass transit operators, and authorities that are entitled to and wish to collaborate with the board, may develop a plan for the completion of the surface transportation infrastructure project that addresses the feasibility of the project, the technology to be utilized, project financing, and any other federally required information.
(b)
In order to ensure that the limited resources available for the completion of major surface transportation infrastructure projects are allocated only to projects deemed essential by all impacted metropolitan planning organizations and other transportation planning regions, every metropolitan planning organization or other transportation planning region that includes territory in which all or any portion of a proposed surface transportation infrastructure project that will add substantial transportation capacity or significantly alter traffic patterns is to be completed shall have the right to participate in the planning and development, and approve the completion, of the project. The right of participation shall extend, without limitation, to decisions regarding the scope of the project, the type of surface transportation infrastructure to be provided, project financing, allocation of project revenues, and the manner in which any user fees are to be imposed. A surface transportation infrastructure project shall not proceed past the planning stage until all metropolitan planning organizations entitled to participate in the planning, development, and approval process, including the transportation enterprise and any partner of the enterprise under the terms of a public-private partnership, have approved the project.
(9)
(a)
The transportation enterprise is not intended to supplant or duplicate the services provided by any public mass transit operator, as defined in section
43-1-102 (5)
, railroad, public highway authority created pursuant to part 5 of this article, or regional transportation authority created pursuant to part 6 of this article except as described in detail in an intergovernmental agreement or other contractual agreement entered into by the transportation enterprise and the operator, railroad, or authority. The creation of and undertaking of surface transportation infrastructure projects by the transportation enterprise pursuant to this part 8 is not intended to discourage any combination of local governments from forming a public highway authority or a regional transportation authority.
(b)
Moneys made available for any surface transportation infrastructure project pursuant to this part 8 shall not be used to supplant existing or budgeted department funding for any portion of the state highway system within the territory of any transportation planning region, as defined in section
43-1-1102 (8)
, that includes any portion of the project.
(10)
(a)
Notwithstanding section
24-1-136 (11)(a)(I)
, no later than February 15, 2010, no later than February 15 of each year thereafter through 2024, and no later than March 1 of each year thereafter, the transportation enterprise shall present a report to the committees of the house of representatives and the senate that have jurisdiction over transportation. The report must include a summary of the transportation enterprise's activities for the previous year, a summary of the status of any current surface transportation infrastructure projects, a statement of the enterprise's revenues and expenses, and any recommendations for statutory changes that the enterprise deems necessary or desirable. The committees shall review the report and may recommend legislation. The report shall be public and shall be available on the website of the department on or before January 15 of the year in which the report is presented.
(b)
Beginning with the report due no later than February 15, 2021, the report shall also include for each of the transportation enterprise's executed or proposed public-private partnerships:
(I)
A summary of the processes that the transportation enterprise has used leading up to or anticipates using to lead up to its entry into the public-private partnership, including the processes for obtaining and responding to public questions, concerns, and other comments or input, the processes for keeping the state legislators and local elected officials who represent any area in which a surface transportation infrastructure project of the public-private partnership will be located informed and updated about the project and the public-private partnership, and the processes for selecting each partner to the public-private partnership; and
(II)
A summary of the actual, or to the extent available the anticipated, major financial, performance, and length-of-term provisions of the public-private partnership.
(c)
Beginning with the report due no later than March 1, 2025, the report shall also detail the transportation enterprise's work to reduce traffic congestion and greenhouse gas emissions and support the expansion of public transit.
(11)
(a)
As used in this subsection (11), unless the context otherwise requires, "peak period shoulder lane" means:
(I)
The eastbound managed toll lane on interstate 70 between mile marker 230 (Empire Junction) and the veterans memorial tunnel; or
(II)
The westbound managed toll lane on interstate 70 between the veterans memorial tunnel and mile marker 230 (Empire Junction).
(b)
(I)
Unless a person is operating an authorized emergency vehicle, as defined in section
42-1-102 (6)
, or an authorized service vehicle, as defined in section
42-1-102 (7)
, or using a lane in the case of an emergency, a person shall not drive on the peak period shoulder lane when the posted signage indicates that the peak period shoulder lane is closed.
(II)
A person shall not drive on a peak period shoulder lane at any time if the person is driving a motor vehicle with more than two axles or that is twenty-five feet in length or longer.
(c)
The transportation enterprise shall enforce violations of subsection (11)(b) of this section and assess and remit civil penalties for the violations in accordance with section
43-4-808 (2)
.
Amended by 2024 Ch. 186,§ 13, eff. 5/16/2024.
Amended by 2022 Ch. 469, §224, eff. 8/10/2022.
Amended by 2022 Ch. 20, §1, eff. 8/1/2022, app. to violations committed on or after that date.
Amended by 2021 Ch. 325, §84, eff. 7/1/2021.
Amended by 2020 Ch. 27, §1, eff. 9/14/2020.
Amended by 2017 Ch. 174, §6, eff. 8/9/2017.
Amended by 2015 Ch. 102, §1, eff. 4/16/2015.
L. 2009: Entire part R&RE, (SB 09 -108), ch. 30, p. 30, §1, effective March 2. L. 2010: (7.5) added, (SB 10-184), ch. 1536, p. 1536, § 1, effective May 27. L. 2015: (4) amended, (SB 15 -187), ch. 296, p. 296, §1, effective April 16. L. 2017: (10) amended, (SB 17-231), ch. 635, p. 635, § 6, effective August 9. L. 2020: (10) amended, (SB 20 -017), ch. 96, p. 96, §1, effective September 14. L. 2021: (7.5) amended, (HB 21-1316), ch. 2069, p. 2069, § 84, effective July 1.
This section is similar to former §§ 43-4-803, 43-4-804 , 43-4-805 , and 43-4-806 as they existed prior to 2009.