Colo. Rev. Stat. § 43-1-124, Study of transportation commission districts

No later than August 1, 2016, legislative council staff, with the cooperation of the department, shall prepare and present to the transportation legislation review committee a research study of the commission districts established in section 43-1-106 (2). The study must document changes since the last time the general assembly modified the number and boundaries of the commission districts, including changes in population, number of lane miles, and annual vehicle miles traveled for each of the districts and must take into account existing county and municipal boundaries, regional transportation authorities and districts, and transportation planning regions.

Source: L. 2016: Entire section added, (HB 16-1031), ch. 323, p. 1309, � 1, effective June 10.

43-1-125. Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition. (1) The general assembly hereby finds and declares that:

(a) The way in which Coloradans travel is rapidly changing, and the adoption of new technologies impacts both the manner in which people travel and the number of vehicles on Colorado roads, presents opportunities for increased efficiency, and requires thorough review;

(b) The state must adapt to these changes by encouraging them to the extent that they benefit the environment and facilitate the effective movement of people while being proactive in addressing any negative impacts. Specifically, the state must:

(I) Ensure ongoing funding for the transportation infrastructure needed to support the changes, including the infrastructure needed to support the adoption of new transportation technologies including zero-emissions vehicles; and

(II) Reduce and mitigate the impact on the environment and the transportation system resulting from the increasing commercial use of personal vehicles for the purposes of ride sharing provided through transportation network companies, as defined in section 40-10.1-602 (3), and car sharing and personal and fleet vehicles for certain other commercial purposes by incentivizing ameliorative practices such as the adoption of zero-emissions vehicles for such commercial use, multiple passenger ride sharing, and the use of ride sharing as a first- and last-mile solution for users of public transit.

(2) The general assembly further finds and declares that it is necessary, appropriate, and in the best interest of the state to:

(a) Require the department to convene, engage in robust consultation with, and strongly consider the formal policy recommendations of a stakeholder group comprised of representatives of potentially affected industries, workers, governmental entities, planning organizations, and interest groups for the purposes of:

(I) Examining the economic, environmental, and transportation system impacts of the adoption of new and emerging technologies and transportation business models;

(II) Receiving information and recommendations from the freight advisory council regarding current and evolving practices related to the residential delivery of goods; and

(III) Recommending to the department:

(A) Means of addressing the impacts that increase positive impacts and mitigate negative impacts; and

(B) Whether fees should be levied upon the use of motor vehicles used for commercial purposes.

(b) Repealed.

(3) (a) As used in this section, unless the context otherwise requires, motor vehicle used for commercial purposes means a motor vehicle that is used to provide passenger transportation services purchased through a transportation network company, as defined in section 40-10.1-602 (3), a peer-to-peer car sharing company, a car sharing company that does not use a peer-to-peer business model, or a company that provides taxicab service, as defined in section 40-10.1-101 (19); a motor vehicle that is rented out by a rental car company; and a motor vehicle that is used for residential delivery of goods.

(b) Motor vehicle used for commercial purposes does not include:

(I) A motor vehicle used to deliver goods that is used only to deliver goods:

(A) To addresses other than residences; or

(B) That are delivered as freight;

(II) A motor vehicle that has a gross vehicle weight rating of more than fourteen thousand pounds; or

(III) A motor vehicle that is operated for the purpose of transporting passengers:

(A) Under a contract with the regional transportation district created in section 32-9-105, a regional transportation authority created pursuant to part 6 of article 4 of this title 43, or any other governmental or public entity; or

(B) By a common carrier, as defined in section 40-1-102 (3), except as otherwise provided in subsection (3)(a) of this section.

(4) The department shall convene and engage in robust consultation with a stakeholder group consisting of:

(a) The following state government employees:

(I) An employee of the department who is not an employee of the high-performance transportation enterprise created in section 43-4-806 (2)(a)(I);

(II) An employee of the Colorado energy office created in section 24-38.5-101 (1);

(III) An employee of the department of revenue; and

(IV) The chief of the Colorado state patrol or the chief's designee;

(b) The following representatives of state and local governments and transportation planning entities:

(I) A representative of a statewide organization that represents the interests of counties;

(II) A representative of a statewide organization that represents the interests of municipalities;

(III) A representative of metropolitan planning organizations, as defined in section 43-1-1102 (4); and

(IV) A representative of rural transportation planning organizations;

(I) Two representatives of transportation network companies, as defined in section 40-10.1-602 (3);

(II) A representative of a business that has expertise regarding the technology and processes required to develop, implement, and administer a road usage charge program;

(III) A representative of certificated taxi carriers;

(IV) A representative of a rental car company;

(V) A representative of a business that is a peer-to-peer car sharing program;

(VI) A representative of a car sharing network company that does not use a peer-to-peer car sharing business model;

(VII) A representative of the freight advisory council;

(VIII) A representative of the contracting industry that works on or represents businesses that work on transportation infrastructure projects;

(IX) A representative of the engineering industry;

(X) A representative of businesses that provide package delivery services to end users of the goods in the packages for other businesses;

(XI) A representative of businesses that hire drivers to use their personal motor vehicles to deliver their own goods to end users of the goods;

(XII) A representative of towing and recovery professionals of Colorado;

(XIII) A representative of autonomous vehicle manufacturers; and

(XIV) A representative of autonomous vehicle technology companies;

(d) A labor representative;

(e) A representative of persons with disabilities;

(f) A representative of persons who advocate for the protection of the environment;

(g) A transportation network company driver, as defined in section 40-10.1-602 (4); and

(h) Any other individuals who the department deems necessary or appropriate to include in the stakeholder group.

(5) The stakeholder group convened as required by subsection (4) of this section shall:

(a) Examine the economic, environmental, and transportation system impacts of the adoption of new and emerging transportation technologies and business models and identify potential means of addressing the impacts that increase positive impacts and mitigate negative impacts. Neither the department nor the stakeholder group shall obtain or examine any personal or private information concerning users of ride sharing services as part of the examination. The examination shall include, at a minimum:

(I) Quantification of the amount of carbon emissions that can be eliminated through different means of incentivizing and supporting the use of zero-emissions vehicles as motor vehicles used for commercial purposes;

(II) Examination of the effects of different means of incentivizing multiple occupant trips in motor vehicles used for commercial purposes;

(III) Identification of the additional or improved transportation infrastructure, including multimodal infrastructure and infrastructure needed to support the adoption and use of zero-emissions vehicles, that is required to accommodate the impacts on transportation infrastructure resulting from utilization of motor vehicles used for commercial purposes;

(IV) Examination of repealing the requirement of section 40-10.1-605 (1)(d)(IV) that a transportation network company, as defined in section 40-10.1-602 (3), possess proof that a transportation network company driver, as defined in section 40-10.1-602 (4), is medically fit to drive; and

(V) Assessment of the costs of implementing identified potential means of addressing the impacts.

(b) Present to the department no later than November 1, 2019, a report of policy recommendations regarding the impacts examined as required by subsection (5)(a) of this section and means of addressing those impacts with funding from the imposition of fees on the use of motor vehicles used for commercial purposes. The report must, at a minimum:

(I) Identify potential fees to:

(A) Generate sufficient revenue for the state and local governments to mitigate the impacts to the transportation system resulting from the increasing use of motor vehicles used for commercial purposes, fund needed transportation infrastructure, including multimodal infrastructure and the infrastructure needed to support the adoption of zero-emissions vehicles, and defray the administrative costs of fee collection;

(B) Incentivize the adoption of zero-emissions vehicles for utilization as motor vehicles used for commercial purposes; and

(C) Incentivize multiple passenger ride sharing for motor vehicles used for commercial purposes and the use of such vehicles as a first- and last-mile solution for public transit users;

(II) Subject to the requirement that fees be imposed only on business entities and not upon individuals using motor vehicles that are owned primarily as personal vehicles but are also used for commercial purposes, provide recommendations as to whether fees should be imposed on such motor vehicles used for commercial purposes;

(III) Provide recommendations regarding the manner in which fees should be calculated and imposed, including but not limited to analysis of whether fees should be:

(A) Flat or variable;

(B) Calculated and imposed on a per trip basis, a mileage basis, or a combination of such bases, or in some other manner;

(D) Imposed at different rates in different locations, at different times of day, or based on real-time analysis of traffic congestion;

(E) Waived or reduced for trips for which a motor vehicle used for commercial purposes is used as a first- and last-mile solution for users of public transit; or

(F) Capped at one or more specified maximum amounts; and

(IV) Provide recommendations regarding the rate or rates at which or the range or ranges of rates within which fees should be imposed.

(6) The department shall report on the progress and policy recommendations of the stakeholder group, the preliminary plans and recommendations of the department regarding the development and promulgation of rules as required by subsection (7)(a) of this section, and any recommendations that the department has regarding the need for related legislation during its 2019 annual presentation to legislative oversight committees required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give strong consideration to the policy recommendations report provided by the stakeholder group as required by subsection (5)(b) of this section.

(7) Repealed.

(8) Nothing in this section shall supplant the activities or work being conducted by the freight advisory council.

Source: L. 2019: Entire section added, (SB 19-239), ch. 387, p. 3448, � 1, effective May 31. L. 2020: (2)(b) and (7) repealed, (HB 20-1376), ch. 207, p. 1016, � 4, effective June 30.

Cross references: For information about the freight advisory council, see https://www.codot.gov/programs/planning/planning-partners/fac.

43-1-126. Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle. The executive director or the executive director's designee shall coordinate with the chief of the Colorado state patrol to jointly create a campaign raising public awareness of the requirements of section 42-4-705 and of the dangers of stationary emergency and service vehicles that are on the road or on the side of the road.

Source: L. 2020: Entire section added, (HB 20-1145), ch. 107, p. 421, � 3, effective September 14.

43-1-127. Registration of carpooling service internet applications - limitations - disclosure - definitions. (1) On and after October 1, 2021, an owner of a carpooling service internet application or an operator of the application on the owner's behalf shall register with the department on an annual basis in a form and manner determined by the department. The department shall publish the form and manner of registering on the department's public website. In registering with the department, the owner or operator of an application agrees that the owner or operator shall:

(a) With respect to a single trip for which a driver and user are matched through the carpooling service internet application:

(I) Compensate the driver up to the total rate of reimbursement based on miles driven multiplied by the prevailing federal internal revenue service's mileage reimbursement rate for business use;

(II) Require each user to pay an equal amount of the fee for carpooling service, which fee shall be reasonably calculated to cover the direct and indirect costs of providing the carpooling service; and

(III) Not allow a driver who provides carpooling service for the owner's or operator's carpooling service internet application to transport more than six passengers at a time, excluding the driver, in the driver's personal vehicle;

(b) Limit each driver to one trip per day; and

Be advised that carpooling service companies are not regulated by the state of Colorado. Background checks might not be performed on drivers, drivers are not subject to medical examination and certification, vehicles are not subject to inspection by the state, and state insurance verification is not performed.

(2) The department is not liable for any act or omission of an owner or operator of a carpooling service internet application, an agent of an owner or operator, a driver, or a user.

(3) Reimbursed costs collected in accordance with this section shall not be deemed compensation for any purpose.

(4) As used in this section, unless the context otherwise requires:

(a) (I) Carpooling service means a not-for-profit arrangement in which two or more individuals use a motor vehicle for transportation to, and possibly returning from, the same destination or nearby destinations.

(II) Carpooling service includes, for each user or passenger:

(A) A trip that is at least twenty-three miles between pick-up and drop-off points, whether the pick-up and drop-off points are located within or outside metropolitan areas; and

(B) A trip that is to or from a ski area, as that term is defined in section 33-44-103 (6), regardless of the distance between the ski area and the other location.

(III) Carpooling service does not include a transportation arrangement made with:

(A) A political subdivision, as defined in section 29-1-202 (2);

(B) A common carrier, contract carrier, taxicab service, large-market taxicab service, or towing carrier, as those terms are defined in section 40-10.1-101;

(C) A charter bus, children's activity bus, fire crew transport, luxury limousine service, or off-road scenic charter, as those terms are defined in section 40-10.1-301; or

(D) A transportation network company, as defined in section 40-10.1-602 (3).

(b) Carpooling service internet application or application means an internet application or digital network used to connect drivers and users:

(I) For the purpose of facilitating carpooling service; and

(II) Through which reservations for carpooling service are made no less than two hours in advance of, and are usually made at least one day in advance of, the carpooling service.

(c) Driver means an individual who uses a vehicle that the individual personally owns or leases and who provides carpooling services to users in that vehicle through use of a carpooling service internet application.

(d) (I) Metropolitan area means a metropolitan planning area designated by agreement of a governor and a metropolitan planning organization, as those terms are defined in 49 U.S.C. sec. 5302 (9) and 49 U.S.C. sec. 5303 (b)(1) and (b)(2) of the Federal Transit Act, as amended.

(II) Metropolitan area does not include any ski area, as that term is defined in section 33-44-103 (6).

(e) Trip means a single round trip that a driver makes to provide carpooling service to one or more users, involving one or more pick-up locations and one or more drop-off destinations along the way, during which all intentional stops that the driver makes relate to the provision of carpooling service to the users and any other passengers in a user's party.

(f) User means an individual who is matched with a driver through a carpooling service internet application to receive carpooling service for the user and for any other passengers in the user's party.

Source: L. 2021: Entire section added, (HB 21-1076), ch. 44, p. 187, � 1, effective April 19. L. 2022: (4)(a)(III)(C) amended, (SB 22-212), ch. 421, p. 2988, � 94, effective August 10. L. 2023: (4)(d)(I) amended, (HB 23-1301), ch. 303, p. 1845, � 91, effective August 7.

43-1-128. Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:

(a) Transportation capacity projects that are intended to alleviate traffic congestion, address mobility, and improve travel time reliability by increasing the capacity of highways in major transportation corridors can cause adverse environmental impacts, including but not limited to incremental acceleration of climate change, and adverse health impacts;

(b) These impacts fall most heavily on communities adjacent to projects, including disproportionately impacted communities;

(c) To minimize the adverse environmental and health impacts of planned transportation capacity projects and address inequitable distribution of the burdens of such projects, it is necessary, appropriate, and in the best interests of the state and all Coloradans to require the department and metropolitan planning organizations, which are the state's primary transportation planning entities with responsibility for selecting and funding transportation capacity projects, to engage in an enhanced level of planning, modeling and other analysis, community engagement, and monitoring with respect to such projects as required by this section; and

(d) The requirements of this section are in addition to and shall to the extent practicable be executed concurrently with, and do not supplant, any other requirements or processes, including federal safety and state of good repair requirements, for transportation planning, project prioritization, public outreach, project implementation, or transparency and accountability that are established by law, rule, or commission or department policy.

(2) As used in this section, unless the context otherwise requires:

(a) Air pollutant has the same meaning as set forth in section 25-7-103 (1.5).

(b) Criteria pollutant means carbon monoxide, ground-level ozone, lead, nitrogen dioxide, particulate matter, and sulfur dioxide.

(d) Greenhouse gas pollutants means anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride.

(e) Statewide greenhouse gas pollution has the same meaning as set forth in section 25-7-103 (22.5).

(3) Effective as of July 1, 2022, the department shall establish and propose to the commission for its review implementing procedures and guidelines that require the department and metropolitan planning organizations to take additional steps in the planning process for regionally significant transportation capacity projects to account for the impacts on the amount of statewide greenhouse gas pollution and statewide vehicle miles traveled that are expected to result from such projects. Such guidelines and procedures shall apply to adoption of the next ten-year plan and subsequent planning cycles and shall fully evaluate the potential environmental and health impacts on disproportionately impacted communities. The commission shall, with such modifications as the commission may make subject to the requirements of this section and with opportunities for public involvement, adopt the procedures and guidelines. At a minimum, both the proposed and adopted procedures and guidelines must require the department and metropolitan planning organizations to:

(a) Implement relevant rules and regulations issued pursuant to section 25-7-105;

(b) Otherwise reduce greenhouse gas emissions to help achieve the statewide greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g);

(c) Modify their guidance documents to ensure that at least the same level of analytical scrutiny is given to greenhouse gas pollutants as is given to other air pollutants of concern in the state including consideration of the impact on emissions of greenhouse gas pollutants of induced demand resulting from regionally significant transportation capacity projects alongside traffic modeling; and

(d) Consider the role of land use in the transportation planning process and develop strategies to encourage land use decisions that reduce vehicle miles traveled and greenhouse gas emissions.

(4) If a planned transportation capacity project is a regionally significant project, as determined by the department with consideration given to federal law or regulations that define or describe such projects, the department shall, through its environmental study process:

(a) Use federal environmental protection agency-approved models to determine air pollutant emission impacts for the planned project and provide monitoring and measurement of criteria pollutants prior to construction;

(b) Develop and implement a particulate matter construction plan to provide continuous monitoring and transparent public reporting of concentrations, public alerts issued as soon as possible when exceedance events occur, and action plans to address emission levels on construction projects prior to exceedances, with particular focus on disproportionately impacted communities; and

(c) Develop and implement a plan to mitigate air quality impacts on communities, including but not limited to disproportionately impacted communities adjacent to the project, with particular focus where feasible on mitigation of fine particulate matter pollution.

(5) With the exception of the interstate highway 270 corridor improvement project, the requirements of subsections (4)(a) and (4)(c) of this section do not apply to any projects that have, on or before July 1, 2022, a signed record of decision, finding of no significant impact, or categorical exclusions as provided by the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq.

(6) To promote transparency and increase both public participation and public confidence in regionally significant transportation capacity project selection, planning, and implementation in communities, including but not limited to disproportionately impacted communities, the department shall, with opportunity for public input, review, update, and improve as necessary its public engagement program for planned transportation capacity projects. In doing so, the department shall create diverse and impactful ways to gather input from communities across the state by communicating in multiple languages and multiple formats and transparently sharing readily understandable information about potential adverse impacts, including but not limited to environmental and health impacts, of potential transportation capacity projects.

Source: L. 2021: Entire section added, (SB 21-260), ch. 250, p. 1412, � 30, effective June 17. L. 2022: (5) amended, (SB 22-141), ch. 81, p. 399, � 1, effective August 10. L. 2023: (2)(c) amended, (HB 23-1233), ch. 245, p. 1333, � 21, effective May 23.

Cross references: For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021. For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.