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Legislative Year: 2021 Change
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Bill Detail: SB21-260

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Title Sustainability Of The Transportation System
Status Governor Signed (06/17/2021)
Bill Subjects
  • Transportation & Motor Vehicles
House Sponsors A. Garnett (D)
M. Gray (D)
Senate Sponsors F. Winter (D)
S. Fenberg (D)
House Committee Finance
Senate Committee Finance
Date Introduced 05/04/2021
Summary

The bill creates new sources of dedicated funding and new state
enterprises to enable the planning, funding, development, construction,
maintenance, and supervision of a sustainable transportation system by
preserving, improving, and expanding existing transportation
infrastructure, developing the modern infrastructure needed to support the
widespread adoption of electric motor vehicles, and mitigating adverse
environmental and health impacts of transportation system use as follows:
  • Section 6 of the bill creates the community access
enterprise within the Colorado energy office (CEO) for the
purpose of supporting the widespread and equitable
adoption of electric motor vehicles and electric alternatives
to motor vehicles in an equitable manner. The community
access enterprise is authorized to impose a community
access retail delivery fee to fund its business purpose. The
governance and powers and duties of the community access
enterprise are specified.
  • Section 7 makes various general fund transfers to the state
highway fund, the highway users tax fund (HUTF), and the
multimodal transportation and mitigation options fund,
including limited contingent transfers of a portion of any
additional general fund revenue made available due to the
restoration of the excess state revenues cap (Referendum C
cap) by Section 8.
  • Section 8 restores the Referendum C cap, which the general
assembly reduced in 2017, to its maximum voter-approved
level.
  • Section 11 creates the clean fleet enterprise within the
department of public health and environment (CDPHE) for
the purpose of incentivizing and supporting the use of
electric motor vehicles and other clean fleet technologies
by owners and operators of motor vehicle fleets. The clean
fleet enterprise is authorized to impose a clean fleet retail
delivery fee to be paid by the purchaser of tangible
personal property delivered to the purchaser by motor
vehicle and a clean fleet per ride fee to be paid by a
transportation network company (TNC) on each ride
offered and accepted by the TNC to fund the clean fleet
enterprise's business purpose. The governance and powers
and duties of the clean fleet enterprise are specified.
  • Section 25 requires the department of revenue (DOR) to
collect the per ride fees imposed by the clean fleet
enterprise and the nonattainment area air pollution
mitigation enterprise as authorized by sections 11 and 50
Both fees are first imposed for rides offered and accepted
in state fiscal year (FY) 2022-23 and are annually adjusted
for consumer price index (CPI) inflation thereafter.
  • Section 26 indexes the existing $50 registration fee
imposed on electric motor vehicles to national highway
construction cost index (NHCCI) inflation and imposes
additional electric motor vehicle road usage equalization
fees on battery electric motor vehicles at a specified level
and on plug-in hybrid electric motor vehicles at a lower
level, with both additional fees being phased in on a set
schedule from state FYs 2022-23 through 2031-32 and
thereafter indexed to NHCCI inflation. Section 26 also
imposes a commercial electric motor vehicle fee. The
increase and new fee revenue is credited to the HUTF for
allocation to the state, counties, and municipalities; except
that 40% of the revenue generated by inflation indexing of
the existing $50 registration fee is credited to the electric
vehicle grant fund and 30% of the revenue generated by the
commercial electric motor vehicle fee is credited to the
state highway fund for freight-related projects. In 2026,
specified executive agencies must jointly review the fees
and make recommendations to the transportation legislation
review committee of the general assembly as to whether the
fees should be adjusted to ensure continued equalization of
the average aggregate amount of registration fees and
motor fuel charges annually paid by owners of electric
motor vehicles and owners of motor vehicles powered
exclusively by internal combustion engines.
  • Section 33 imposes road usage fees on gasoline and diesel
purchases that are phased in from state FYs 2022-23
through 2031-32 and thereafter indexed to NHCCI
inflation, with the road usage fees also being adjusted
beginning in state FY 2032-33 in a manner calculated to
generate the same amount of additional revenue as would
be generated by indexing the existing state excise taxes
imposed on gasoline and diesel to construction cost
inflation. The fee revenue is credited to the HUTF for
allocation to the state, counties, and municipalities.
  • Section 33 also imposes a retail delivery fee on retail
deliveries by motor vehicle that include tangible personal
property subject to the state sales tax, requires the fee to be
collected from the purchaser by the retailer, and requires
simultaneous collection of community access, clean fleet,
bridge and tunnel, clean transit, and air pollution mitigation
retail delivery fees imposed, respectively, by the
community access, clean fleet, statewide bridge and tunnel,
clean transit, and nonattainment area air pollution
mitigation enterprises. The fees are first collected in state
FY 2022-23 and are annually adjusted for CPI inflation
thereafter. Retail delivery fee revenue is credited to the
HUTF for allocation to the state, counties, and
municipalities and to the multimodal transportation and
mitigation options fund and each enterprise's retail delivery
fee revenue is collected by DOR on behalf of and credited
to the cash fund controlled by the enterprise.
  • Sections 43, 44, and 46 change the name of the statewide
bridge enterprise to the statewide bridge and tunnel
enterprise, authorize the enterprise to complete tunnel
projects, and authorize the enterprise to impose a bridge
and tunnel impact fee on diesel fuel and a bridge and tunnel
retail delivery fee to fund its business purpose. The bridge
and tunnel impact fee is phased in from state FYs 2022-23
through 2031-32 and thereafter indexed to NHCCI
inflation.
  • Section 45 indexes the existing $2 short-term daily vehicle
rental fee to CPI inflation and, on or after July 1, 2022,
requires a car sharing program to collect the daily vehicle
rental fee for any short-term vehicle rental of 24 hours or
longer that is enabled by the car sharing program.
  • Sections 47 through 49 change the name of the
multimodal transportation options fund to the multimodal
transportation and mitigation options fund and make
greenhouse gas mitigation projects eligible for funding
from the fund.
  • Section 50 creates the clean transit enterprise within the
department of transportation (CDOT) for the purpose of
supporting clean public transit through electrification
planning efforts, facility upgrades, fleet motor vehicle
replacement, and construction and development of
associated electric motor vehicle charging and fueling
infrastructure. The clean transit enterprise is authorized to
impose a clean transit retail delivery fee of up to a specified
amount to fund its business purpose. The governance and
powers and duties of the clean transit enterprise are
specified. Section 50 also creates the nonattainment area air
pollution mitigation enterprise for the purpose of mitigating
transportation-related emissions in ozone nonattainment
areas. The nonattainment area air pollution mitigation
enterprise is authorized to impose air pollution mitigation
per ride and retail delivery fees to fund its business
purpose.
Section 1 makes legislative findings and declarations that explain
the purpose of the bill and the reasons why it includes the new sources of
dedicated funding and new state enterprises that it does. Section 2
clarifies that an existing fee may be used to fund the functions of the
freight mobility and safety branch created in section 27. Sections 3 and
4
respectively clarify that the clean fleet enterprise operates as a type 1
agency within CDPHE and that the clean transit enterprise and the
nonattainment area air pollution mitigation enterprise operate as type 1
agencies within CDOT.
Section 5 requires the CEO and CDPHE, after consultation with
CDOT, to jointly and annually prepare a report for specified legislative
committees that details the progress made toward the electric motor
vehicle adoption goals set forth in the Colorado Electric Vehicle Plan
2020 and the transportation sector greenhouse gas pollution reduction
goals set forth in the Colorado Greenhouse Gas Pollution Reduction
Roadmap. Section 5 also specifies a methodology to be used by the
CEO, CDOT, and CDPHE to estimate the social costs of greenhouse gas
pollution.
Sections 9, 32, 42, and 51 effectuate the repeal of the requirement
that a ballot question seeking approval for the issuance of transportation
revenue anticipation notes be submitted to the voters of the state at the
November 2021 statewide election.
Section 10 requires CDOT to comply with specified transparency
and contractor short-listing requirements when using the integrated
project delivery method of contract procurement for a public project.
Section 14 clarifies that sales and use tax is not levied on the retail
delivery fees imposed by or as authorized by the bill. Sections 16
through 21
provide legal authority for collection under an existing
multistate agreement of the motor fuel road usage and bridge and tunnel
impact fees imposed by or as authorized by the bill. Section 22 requires
the public utilities commission to conduct a certificated taxi carrier parity
study.
Section 27 creates the freight mobility and safety branch in
CDOT's transportation development division. Section 28 requires CDOT
and metropolitan planning organizations to engage in an enhanced level
of planning, analysis, community engagement, and monitoring with
respect to transportation capacity projects and specifies what that entails
and also requires CDOT to conduct a road usage charge study and an
autonomous vehicle study. Section 29 allows some of the general fund
money transferred to the state highway fund pursuant to section 7 to be
used for multimodal transportation projects. Section 31 specifies the
manner in which revenue credited to the HUTF as required by the bill is
allocated and expended.
Sections 34 through 41 authorize a transportation planning
organization (TPO), subject to territorial restrictions and TPO member
jurisdiction approval requirements, to exercise the powers of a regional
transportation authority (RTA). Among other powers, the powers of a
RTA include the power to impose various charges, fees, and, with voter
approval, visitor benefit, sales, and use taxes to generate transportation
funding for the purpose of financing, constructing, operating, and
maintaining regional transportation systems.
Any additional transportation funding obtained by a TPO
exercising the power of a RTA is intended to supplement and not supplant
state and federal transportation funding allocated within the boundaries
of the TPO. Therefore, the transportation commission and CDOT are
prohibited from taking such additional transportation funding into
account when determining the amount of state and federal transportation
funding to be allocated within the boundaries of a TPO, and CDOT, when
submitting its annual proposed budget allocation plan, is required to
provide evidence that the proposed allocation of state and federal
transportation funding within the boundaries of any TPO that has
obtained such additional transportation funding has not been reduced in
any way on account of the additional transportation funding.
Section 45 reduces the amount of each road safety surcharge
imposed on motor vehicle registration for registration periods beginning
on or after January 1, 2022, but before January 1, 2024, by $5.55.

Committee Reports
with Amendments
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Fiscal Notes Fiscal Notes (06/02/2021) (most recent)  
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