(1) The transportation development division shall compile and maintain consistent information concerning the condition of the streets, roads, highways, and other transportation systems of this state. Such information shall be obtained from data available to the division, counties, and municipalities and shall be obtained from the appropriate personnel of the transportation development division, the governmental officials of any county or municipality in the state, or any other person deemed appropriate by the transportation development division. The transportation development division, after consultation with representatives of municipalities and counties, shall establish and disseminate a uniform method of reporting such information.
(2) The information obtained pursuant to subsection (1) of this section shall be reported annually in conjunction with the reports required to be submitted pursuant to sections 43-2-120 (5) and 43-2-132 (5).
Source: L. 91: Entire part R&RE, p. 1040, � 1, effective July 1.
Editor's note: This section is similar to former � 43-1-106.5 as it existed prior to 1991.
43-1-116. Engineering, design, and construction division - created - duties - environmental justice and equity branch. (1) There is hereby created, in the department of transportation, the engineering, design, and construction division, the head of which shall be the chief engineer.
(2) The engineering, design, and construction division and the office of the chief engineer are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.
(3) The engineering, design, and construction division shall be responsible for all engineering, design, and construction operations of the department.
(4) The department shall update the bidding rules regarding prequalification requirements, including the contract amounts for which a bidder is required to submit an audited financial statement reviewed by a certified public accountant. In addition, the chief engineer shall develop a policy regarding how previous relevant experience and the bonding capacity of a contractor will be considered when evaluating proposals and bids submitted for public projects.
(5) The environmental justice and equity branch is created in the engineering, design, and construction division. The function of the environmental justice and equity branch is to work directly with disproportionately impacted communities, as well as with other department programs, in the project planning, environmental study, and project delivery phases of transportation capacity projects. The environmental justice and equity branch shall identify and address technological, language, and information barriers that may prevent disproportionately impacted communities from participating fully in transportation decisions that affect health, quality of life, and access for disadvantaged and minority businesses in project delivery.
Source: L. 91: Entire part R&RE, p. 1041, � 1, effective July 1. L. 2017: (4) added, (SB 17-211), ch. 373, p. 1936, � 1, effective August 9. L. 2021: (5) added, (SB 21-260), ch. 250, p. 1412, � 28, effective June 17. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3431, � 220, effective August 10.
Cross references: (1) For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
43-1-117. Transportation development division - created - duties - freight mobility and safety branch - repeal. (1) There is hereby created, in the department of transportation, the transportation development division, the head of which shall be the director of the transportation development division, which office is hereby created.
(2) The transportation development division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.
(3) The transportation development division shall be responsible for the implementation of the provisions of part 11 of this article.
(4) The freight mobility and safety branch is created in the transportation development division. The function of the freight mobility and safety branch is to plan, design, and implement programs and projects that enhance freight mobility and safety within the state. No later than January 1, 2022, the freight mobility and safety branch shall provide to the commission a long-term strategic plan that sets forth the vision and goals for the branch, key priorities for all freight-related programs, activities, and projects, and guidelines for coordination between the branch and the freight advisory committee.
(5) (a) Three days after May 26, 2022, the state treasurer shall transfer ten million dollars from the general fund to the state highway fund created in section 43-1-219 for use by the transportation development division as additional funding for the revitalizing main streets program, giving priority to programs that improve air quality through increased use of transit.
(b) This subsection (5) is repealed, effective July 1, 2026.
Source: L. 91: Entire part R&RE, p. 1041, � 1, effective July 1. L. 2021: (4) added, (SB 21-260), ch. 250, p. 1412, � 29, effective June 17. L. 2022: (5) added, (SB 22-180), ch. 236, p. 1741, � 3, effective May 26; (2) amended, (SB 22-162), ch. 469, p. 3432, � 221, effective August 10.
Cross references: (1) For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021. For the legislative declaration in SB 22-180, see section 1 of chapter 236, Session Laws of Colorado 2022.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
43-1-117.5. Transit and rail division - created - powers and duties - pilot project to expand transit - reports - repeal. (1) There is hereby created in the department of transportation the transit and rail division, the head of which shall be the director of the transit and rail division, which office is hereby created.
(2) The transit and rail division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department and the executive director.
(3) (a) The transit and rail division shall be responsible for the planning, development, operation, and integration of transit and rail, including, where appropriate, advanced guideway systems, into the statewide transportation system; shall, in coordination with other transit and rail providers, plan, promote, and implement investments in transit and rail services statewide; and shall have the following specific powers and duties:
(I) To develop, in accordance with part 11 of this article and consistent with the requirements of 23 U.S.C. secs. 134 and 135, a statewide transit and passenger rail plan that shall be integrated by the department as an element of the statewide transportation plan. The plan shall identify local, interregional, and statewide transit and passenger rail needs and priorities.
(II) To promote, plan, design, build, finance, operate, maintain, and contract for transit services, including, but not limited to, bus, passenger rail, and advanced guideway systems services;
(III) To establish and modify fares and schedules for transit, passenger rail, and advanced guideway services provided directly by the state or contracted for by the state;
(IV) To administer and expend state and federal funds that may be dedicated by law, by appropriation by the general assembly, or by the commission for:
(A) The construction, maintenance, and operation of interregional transit, advanced guideway, and passenger rail services; and
(B) Transit projects, including, but not limited to, facilities, equipment, services, and the provision of grants to transit operators;
(V) To coordinate and negotiate with railroads regarding the siting of passenger rail tracks and other facilities and the coordination of transit services;
(VI) To support the department in representing the state with respect to the development of intercity rail facilities, including but not limited to submission of applications to the United States department of transportation for approval and funding of high-speed rail projects, commissioning of any necessary studies, and coordination with other states to facilitate such applications; and
(VII) To coordinate and cooperate with regional transportation authorities created pursuant to part 6 of article 4 of this title and other regional or corridor-specific entities concerned with the planning, development, operation, and integration of transit, passenger rail, or advanced guideway systems in the statewide transportation system.
(b) In exercising the powers and performing the duties set forth in paragraph (a) of this subsection (3), the transit and rail division shall coordinate with the regional transportation district created in article 9 of title 32, C.R.S., regional transportation authorities created pursuant to part 6 of article 4 of this title, and other transit operators to ensure the efficient provision of transit services. The authority given to the division pursuant to paragraph (a) of this subsection (3) shall not be construed to limit or otherwise affect the powers of any transit operator or other local governmental entity or to usurp or duplicate the existing regulatory authority over railroads of the federal railroad administration, the federal surface transportation board, or the public utilities commission.
(4) (a) The transit and rail division shall establish a pilot project, beginning no later than July 1, 2022, and concluding on June 30, 2025, for the extension of state-run transit systems. The goals of the pilot project are to increase ridership on state-run transit, reduce vehicle miles traveled in the state, and reduce ground level ozone in the state.
(b) On or before December 1, 2023, and on or before December 1 of each year through 2025, the transit and rail division shall report to the transportation legislation review committee created in section 43-2-145 on the implementation of the pilot project, including information on the services that are expanded or extended and estimates of the increased ridership as a result of the pilot project.
(c) Three days after May 26, 2022, the state treasurer shall transfer thirty million dollars from the general fund to the state highway fund created in section 43-1-219 for use by the transit and rail division for the purposes specified in this subsection (4).
(d) This subsection (4) is repealed, effective July 1, 2026.
(5) Repealed.
Source: L. 2009: Entire section added, (SB 09-094), ch. 280, p. 1250, � 3, effective May 20. L. 2022: (4) added, (SB 22-180), ch. 236, p. 1741, � 4, effective May 26; (2) amended, (SB 22-162), ch. 469, p. 3432, � 222, effective August 10. L. 2024: (5) added, (SB 24-184), ch. 186, p. 1052, � 9, effective May 16.
Editor's note: Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2025. (See L. 2024, p. 1052.)
Cross references: (1) For the legislative declaration in SB 22-180, see section 1 of chapter 236, Session Laws of Colorado 2022. For the legislative declaration in SB 24-184, see section 1 of chapter 186, Session Laws of Colorado 2024.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.