Amendments for HB23-1101
House Journal, February 3
48 HB23-1101 be amended as follows, and as so amended, be referred to
49 the Committee of the Whole with favorable
50 recommendation:
51
52 Amend printed bill, page 2, after line 1 insert:
53
54
1 "SECTION 1. Legislative declaration. (1) The general
2 assembly finds and declares that transit systems, including those
3 maintained by regional transportation authorities, are essential to the
4 health and welfare of the citizens of the state because:
5 (a) Ridership of transit systems decreases the number of
6 automobiles on state highways and other roadways within the state,
7 resulting in reductions in both harmful emissions and traffic-related
8 problems caused by such automobiles; and
9 (b) The complexity of modern transit systems necessitates
10 long-term planning for such systems, which in turn requires that transit
11 agencies, including regional transportation authorities, possess tools to
12 provide the funding necessary to maintain and expand such systems.
13 (2) The general assembly further finds and declares that current
14 funding options available to regional transportation authorities are
15 inadequate and can be enhanced to provide for current and future funding
16 need because:
17 (a) Current law authorizes a regional transportation authority to
18 seek voter approval for a uniform mill levy of up to 5 mills on all taxable
19 property within its territory, but the authorization to seek such voter
20 approval is scheduled to sunset as of January 1, 2029, leaving regional
21 transportation authorities without the ability after that date to present
22 voters with the choice to empower the authority to impose or increase this
23 vital funding source; and
24 (b) Current law also authorizes regional transportation authorities
25 to seek voter approval for a sales or use tax, or both, upon every
26 transaction or other incident with respect to which a sales or use tax is
27 levied by the state, but limits the maximum rate of the tax for which such
28 voter approval may be sought to one percent, thereby potentially
29 preventing regional transportation authorities from imposing a higher rate
30 that may nevertheless be supported by voters.
31 (3) It is the general assembly's intent, through the enactment of
32 section 5 of this act, to preserve and enhance funding options for regional
33 transportation authorities by enabling regional transportation authorities
34 to:
35 (a) Retain the authority to seek voter approval of a mill levy after
36 January 1, 2029; and
37 (b) Seek voter approval for a sales tax, use tax, or both, up to a
38 rate of two percent.
39 4) Nothing in this section is intended to abridge or otherwise
40 adversely impact the right or power of any regional transportation
41 authority to continue to annually levy any mill levy, or to continue to levy
42 any sales tax, use tax, or both, that was authorized by voter approval prior
43 to the effective date of this act.".
44
45 Renumber succeeding sections accordingly.
46
47 Page 3, line 7, after "(4)" insert "(a)".
48
49 Page 3, strike line 13 and substitute "regional transportation district;
50 EXCEPT THAT:
51 (I) IF THE OFFICE AWARDS A GRANT FOR A YEAR TO A TRANSIT
52 ASSOCIATION IN AN AMOUNT LESS THAN THREE MILLION DOLLARS, THEN
53 THE MAXIMUM AMOUNT OF THE GRANT THAT THE OFFICE MAY AWARD TO
1 THE TRANSIT ASSOCIATION FOR THE NEXT YEAR IS THREE MILLION
2 DOLLARS PLUS AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THREE
3 MILLION DOLLARS AND THE AMOUNT OF THE GRANT AWARDED TO THE
4 TRANSIT ASSOCIATION FOR THE PRIOR YEAR; AND
5 (II) IF THE OFFICE AWARDS A GRANT FOR A YEAR TO THE
6 REGIONAL TRANSPORTATION DISTRICT IN AN AMOUNT LESS THAN ELEVEN
7 MILLION DOLLARS, THEN THE MAXIMUM AMOUNT OF THE GRANT THAT THE
8 OFFICE MAY AWARD TO THE REGIONAL TRANSPORTATION DISTRICT FOR
9 THE NEXT YEAR IS ELEVEN MILLION DOLLARS PLUS AN AMOUNT EQUAL TO
10 THE DIFFERENCE BETWEEN ELEVEN MILLION DOLLARS AND THE AMOUNT
11 OF THE GRANT AWARDED TO THE REGIONAL TRANSPORTATION DISTRICT
12 FOR THE PRIOR YEAR.
13 (b) A TRANSIT ASSOCIATION, THE REGIONAL".
14
15 Page 6, after line 20 insert:
16
17 "SECTION 5. In Colorado Revised Statutes, 43-4-605, amend
18 (1)(j)(I); and repeal (1)(j.5)(II) as follows:
19 43-4-605. Powers of the authority - inclusion or exclusion of
20 property - determination of regional transportation system
21 alignment - fund created - repeal. (1) In addition to any other powers
22 granted to an authority pursuant to this part 6, an authority has the
23 following powers:
24 (j) (I) Subject to the provisions of section 43-4-612, to levy, in all
25 or any designated portion of the members of the combination or of the
26 members of the transportation planning organization exercising the
27 powers of an authority as authorized by section 43-4-622, a sales or use
28 tax, or both, at a rate not to exceed one TWO percent upon every
29 transaction or other incident with respect to which a sales or use tax is
30 levied by the state; except that, if the authority includes territory that is
31 within the regional transportation district created and existing pursuant
32 to article 9 of title 32, a designated portion of the members of the
33 combination or of the members of the transportation planning
34 organization in which a new tax is levied must be composed of entire
35 territories of members of the combination or of the members of the
36 transportation planning organization so that the rate of tax imposed
37 pursuant to this part 6 within the territory of any single member of the
38 combination or of the members of the transportation planning
39 organization is uniform and except that the authority shall not levy a sales
40 or use tax on any transaction or other incident occurring in any territory
41 located outside the boundaries of the authority and within the boundaries
42 of a municipality as the boundaries of the municipality exist on the date
43 the authority is created without the consent of the governing body of the
44 municipality or outside the boundaries of the authority and within the
45 unincorporated boundaries of a county as the unincorporated boundaries
46 exist on the date the authority is created without the consent of the
47 governing body of the county. Subject to the provisions of section
48 43-4-612, the authority may elect to levy any such sales or use tax at
49 different rates in different designated portions of the members of the
50 combination or of the members of the transportation planning
51 organization; except that, if the authority includes territory that is within
52 the regional transportation district, a designated portion of the members
53 of the combination or of the members of the transportation planning
54 organization in which a new tax is levied must be composed of entire
55 territories of members of the combination or of the members of the
56 transportation planning organization so that the rate of tax imposed
1 pursuant to this part 6 within the territory of any single member of the
2 combination or of the transportation planning organization is uniform. If
3 the authority so elects, it shall submit a single ballot question that lists all
4 of the different rates to the registered electors of all designated portions
5 of the members of the combination or of the transportation planning
6 organization in which the proposed sales or use tax is to be levied. The
7 tax imposed pursuant to this subsection (1)(j) is in addition to any other
8 sales or use tax imposed pursuant to law. If a member of the combination
9 or of the transportation planning organization is located within more than
10 one authority, the sales or use tax, or both, authorized by this subsection
11 (1)(j) shall not exceed one TWO percent upon every transaction or other
12 incident with respect to which a sales or use tax is levied by the state. The
13 executive director of the department of revenue shall collect, administer,
14 and enforce the sales or use tax, to the extent feasible, in the manner
15 provided in section 29-2-106. The director shall make monthly
16 distributions of the tax collections to the authority, which shall apply the
17 proceeds solely to the financing, construction, operation, or maintenance
18 of regional transportation systems. The department shall retain an amount
19 not to exceed the total cost of the collection, administration, and
20 enforcement and shall transmit the amount to the state treasurer, who
21 shall credit the same to the regional transportation authority sales tax
22 fund, which fund is hereby created. The amounts so retained are hereby
23 appropriated annually from the fund to the department to the extent
24 necessary for the department's collection, administration, and
25 enforcement of this part 6. Any money remaining in the fund attributable
26 to taxes collected in the prior fiscal year shall be transmitted to the
27 authority; except that, prior to the transmission to the authority of such
28 money, any money appropriated from the general fund to the department
29 for the collection, administration, and enforcement of the tax for the prior
30 fiscal year shall be repaid.
31 (j.5) (II) This subsection (1)(j.5) is repealed, effective January 1,
32 2029.".
33
34 Renumber succeeding section accordingly.
35
36
Senate Journal, February 28
After consideration on the merits, the Committee recommends that HB23-1101 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, line 8, after "amend" insert "(1)(a)
introductory portion,".
Page 4, line 10, strike "(9)" and substitute "(9); and add (1)(f.5)".
Page 4, after line 13 insert:
"(a) "Eligible transit agency" means an entity A TRANSIT AGENCY that
is:".
Page 4, line 16, strike "OZONE" and substitute "OZONE-CAUSING TRAFFIC".
Page 4, line 17, after "PERIOD" insert "THAN JUNE 1 TO AUGUST 31".
Page 4, line 18, strike "A GRANT APPLICATION" and substitute "AN APPLICATION
FOR A GRANT TO OFFER FARE-FREE SERVICE DURING THE IDENTIFIED PERIOD
THAT IS".
Page 4, after line 22 insert:
"(f.5) TRANSIT AGENCY MEANS A PROVIDER OF PUBLIC
TRANSPORTATION, AS DEFINED IN 49 U.S.C. SEC. 5302 (15), AS AMENDED.".
Page 6, line 25, after "implement" insert "AND MEASURE THE EFFECTIVENESS
OF".
Page 6, line 27, strike "RIDERSHIP AND" and substitute "RIDERSHIP, EXPENSES
INCURRED IN CONDUCTING RIDER SURVEYS TO BETTER MEASURE THE IMPACT OF
THE PROGRAM ON RIDERSHIP AND VEHICLE MILES TRAVELED IN PRIVATE MOTOR
VEHICLES, AND".
Page 8, after line 5 insert:
"SECTION 3. In Colorado Revised Statutes, 43-1-106, add (18) as
follows:
43-1-106. Transportation commission - powers and duties - rules
- definitions - efficiency and accountability committee. (18) NO LATER THAN
JULY 1, 2024, THE TRANSPORTATION COMMISSION SHALL UPDATE ITS RULES
GOVERNING THE STATEWIDE TRANSPORTATION PROCESS AND TRANSPORTATION
PLANNING REGIONS, 2 CCR 601-22, TO ADJUST THE BOUNDARIES OF THE
TRANSPORTATION PLANNING REGIONS, AS DEFINED IN SECTION 43-1-1102 (8),
IN A MANNER THAT ENSURES THAT THE STATE'S POPULATION IS
PROPORTIONALLY AND EQUITABLY REPRESENTED ON THE TRANSPORTATION
ADVISORY COMMITTEE CREATED IN SECTION 43-1-1104 (1)(a). WHEN DECIDING
WHAT ADJUSTMENTS TO MAKE TO THE BOUNDARIES OF THE TRANSPORTATION
REGIONS, THE COMMISSION SHALL ALSO CONSIDER:
(a) HIGHWAY CORRIDORS;
(b) SAFETY AND ASSET MANAGEMENT CONSIDERATIONS;
(c) COMMUTING AND OTHER TRAVEL PATTERNS;
(d) TRANSIT-ORIENTED DEVELOPMENT; AND
(e) LEVELS OF AIR POLLUTANTS, AS DEFINED IN SECTION 25-7-103 (1.5),
INCLUDING CRITERIA POLLUTANTS, AS DEFINED IN SECTION 43-1-128 (2)(b), AND
GREENHOUSE GAS POLLUTANTS, AS DEFINED IN SECTION 43-1-128 (2)(d).".
Renumber succeeding sections accordingly.
Page 8, lines 20 and 21, strike "OF A TRANSIT AGENCY THAT PROVIDES TRANSIT
SERVICE" and substitute "TO REPRESENT ALL TRANSIT AGENCIES".
Senate Journal, April 17
Your second conference committee appointed on HB23-1101,
concerning support for transit, and, in connection therewith, increasing the
flexibility of the ozone season transit grant program and increasing
opportunities for transit agency participation in regional transportation planning,
has met and reports that it has agreed upon the following:
That the House accede to the Senate amendments made to the bill, as the
amendments appear in the rerevised bill, with the following changes:
Amend rerevised bill, page 8, strike lines 14 through 27.
Page 9, strike lines 1 through 8 and substitute:
"SECTION 3. In Colorado Revised Statutes, add 43-1-131 as follows:
43-1-131. Transportation planning study - report - rules. (1) ON OR
BEFORE NOVEMBER 30,2023, THE DEPARTMENT SHALL COMPLETE A STUDY AND
STUDY REPORT OF THE BOUNDARIES OF THE TRANSPORTATION PLANNING
REGIONS, AS DEFINED IN SECTION 43-1-1102 (8), THE MEMBERSHIP OF THE
TRANSPORTATION ADVISORY COMMITTEE CREATED IN SECTION 43-1-1104 (1)(a)
AND THE SPECIAL INTERIMTRANSITAND RAIL ADVISORYCOMMITTEE APPOINTED
PURSUANT TO SECTION 43-1-1104 (1)(b), AND THE CONSISTENCY AND
TRANSPARENCY OF THE TRANSPORTATION PLANNING PROCESS ACROSS THE
TRANSPORTATION PLANNING REGIONS. IN CONDUCTING THE STUDY, THE
DEPARTMENT SHALL PROVIDE OPPORTUNITY FOR PUBLIC COMMENT
THROUGHOUT THE STATE AND CONSIDER INPUT FROM STAKEHOLDERS
THROUGHOUT THE STATE. ON OR BEFORE NOVEMBER 30, 2023, THE
DEPARTMENT SHALL SUBMIT THE STUDY REPORT TO THE COMMISSION AND TO
THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE CREATED IN SECTION
43-2-145 (1)(a) OR, IF THE COMMITTEE HAS HELD ITS LAST 2023 MEETING
BEFORE THE STUDY REPORT IS COMPLETED, TO THE HOUSE OF REPRESENTATIVES
TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE AND THE
SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES. THE STUDY MUST INCLUDE CONSIDERATION OF:
(a) THE MEMBERSHIP OF THE SPECIAL INTERIM TRANSIT AND RAIL
ADVISORY COMMITTEE AND ITS REPRESENTATION ON THE TRANSPORTATION
ADVISORY COMMITTEE;
(b) THE TRANSPARENCY OF THE TRANSPORTATION PLANNING PROCESS
IN EACH TRANSPORTATION PLANNING REGION AND THE CONSISTENCY OF THE
TRANSPORTATION PLANNING PROCESS ACROSSTHE TRANSPORTATION PLANNING
REGIONS; AND
(c) THE BOUNDARIES OF TRANSPORTATION PLANNING REGIONS
CONSIDERING FACTORS RELATED TO:
(I) HIGHWAY AND TRANSIT CORRIDORS AND TRANSIT DISTRICT
BOUNDARIES;
(II) DISPROPORTIONATELY IMPACTED COMMUNITIES, AS DEFINED IN
SECTION 43-4-1202 (5);
(III) VEHICLE MILES TRAVELED, TRUCK VEHICLE MILES TRAVELED,
TRANSIT VEHICLE REVENUE MILES, AND LANE MILES;
(IV) POPULATION TRENDS;
(V) SAFETY AND MANAGEMENT CONSIDERATIONS;
(VI) COMMUTING, COMMERCIAL TRAFFIC, FREIGHT MOVEMENT,
TOURISM IMPACTS, AND OTHER TRAVEL PATTERNS;
(VII) TRANSIT-ORIENTED DEVELOPMENT AND ACCESS TO AFFORDABLE
HOUSING;
(VIII) LEVELS OF AIR POLLUTANTS, AS DEFINED IN SECTION 25-7-103
(1.5), INCLUDING CRITERIA POLLUTANTS, AS DEFINED IN SECTION 43-1-128
(2)(b), AND GREENHOUSE GAS POLLUTANTS, AS DEFINED IN SECTION 43-1-128
(2)(d); AND
(IX) COMMUNITIES OF INTEREST.
(2) THE DEPARTMENT SHALL NOT INCLUDE ANY RECOMMENDATION IN
THE STUDY REPORT THAT, IF ADOPTED, WOULD REDUCE THE NUMBER OF RURAL
TRANSPORTATION PLANNING REGIONS, WHICH SHALL BE MAINTAINED AT THE
MAXIMUM NUMBER SPECIFIED IN SECTION 43-1-1102 (8).
(3) FOLLOWING COMPLETION OF THE STUDY, WITH CONSIDERATION OF
THE FINDINGS OF THE STUDY, AND BEFORE JUNE 1, 2024, THE COMMISSION
SHALL INITIATE UPDATES TO ITS RULES CONCERNING THE STATEWIDE
TRANSPORTATION PLANNING PROCESS AND TRANSPORTATION PLANNING
REGIONS, 2-CCR 601-22.".