Transportation Legislation Review Committee (09/09/2014)

Final
STAFF SUMMARY OF MEETING

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Date:	09/09/2014	ATTENDANCE

Time:	09:02 AM to 12:55 PM	Becker	*
		Buck	X
Place:	HCR 0112	Coram	X
		Everett	*
This Meeting was called to order by		Ginal	X
	Senator Todd	Jahn	*
		Jones	X
This Report was prepared by		King	X
	Kelli Kelty	Kraft-Tharp	X
		Lawrence	*
		Lee	X
		Mitsch Bush	X
		Moreno	*
		Peniston	X
		Rivera	X
		Scott	*
		Tyler	X
		Todd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Presentation on Disabled Parking Issues Bill 2 Bill 3 Bill 4 Briefing by Commuter Rail Now Presentation on State Transportation Funding and Finance Briefing by Action 22, Club 20, and Progressive 15		Witness Testimony and/or Committee Discussion Only Forwarded to Legislative Council Forwarded to Legislative Council Committee Discussion Only, No Vote Taken Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only

09:03 AM -- Presentation on Disabled Parking Issues

Senator Todd, chair, called the meting to order. A quorum was present. Senator Todd explained the agenda for the meeting and said that after the first presentation, the committee would vote on the draft bills. She recognized members on the committee who are not going to serve next session.

09:06 AM

Mark Simon and Chris Hines introduced themselves to the committee. Mr. Hines, representing himself, commented on House Bill 14-1029, concerning re-codifying the disabled parking statutes. A handout was distributed to the committee concerning disabled parking in Colorado (Attachment A). He discussed the impact of House Bill 14-1029 on municipalities, businesses, residents, and tourists in Colorado. He said that as a result of the law, law enforcement and tow companies' rule books are greatly simplified. He discussed challenges related to House Bill 14-1029, including some municipalities' intentions to ignore the law despite statewide concern. He said that some jurisdictions are moving towards embracing the statute, but education is still needed to understand the law and why it is important to adopt it. He commented on the challenges associated with enforcement and the city of Denver's position on the law.

14TLRC0909AttachA.pdf

09:17 AM

Representative Ginal asked for more information about concerns expressed by municipalities about House Bill 14-1029.

09:19 AM

Mr. Simon, representing himself, commented on enforcement and investigation issues related to House Bill 14-1029. He discussed the investigation and prosecution of individuals who use a disabled parking that is not issued to them, those who lie to get a disabled parking placard or plate, and medical professionals who knowingly sign medical releases for those individuals who do not qualify for a disabled license placard or plate. He stressed the need for stronger enforcement and discussed recent enforcement successes in Arvada. Representative Kraft-Tharp asked if the success and increased revenue in Arvada as a result of stronger enforcement would be an incentive for other jurisdictions to increase enforcement and prosecution. Mr. Hines commented on revenue from increased enforcement and the associated financial incentive, but stressed the need for educating the public about current law. Senator Rivera commented on House Bill 14-1029 and local enforcement issues. Mr. Simon said that one of the unique features of the law is that a portion of the fines are used to benefit disabled persons.

09:32 AM

Representative Scott asked for more information about enforcement in Arvada and how it could be replicated in other jurisdictions around the state. Mr. Simon discussed his role in Arvada's enforcement success and commented on efforts in other jurisdictions that have not been as successful.

09:33 AM

Jim Thack, representing the Paralyzed Veterans of America, introduced himself to the committee. He commented on disabled parking in Colorado and applauded the passage of House Bill 14-1029. He stressed the need and importance of education and enforcement in jurisdictions. Senator Rivera commented on language in House Bill 14-1029. Discussion ensued concerning compliance and enforcement issues.

09:42 AM -- Bill 2

Senator Todd opened up the discussion on the draft legislation. Representative Tyler explained Bill 2 (Attachment B). The bill directs the Department of Revenue (DOR) to issue firefighter special license plates for motorcycles, passenger cars, trucks, or recreational motor vehicles that do not exceed 16,000 pounds empty weight. Currently the plates are issued to every mentioned vehicle except motorcycles. Representative Tyler said that the bill adds motorcycles to the list of vehicles that a firefighter license plate can be issued. Representative Kraft-Tharp commented on the bill. Representative Moreno asked if affiliation is currently necessary for a firefighters license plate.

14TLRC0909AttachB.pdf

09:45 AM

Tony Anderson, representing DOR, came to the table and said that there is a requirement for the initial issuance of a firefighter license plate but that there is no requirement for a renewal plate. Representative Moreno asked if the license plate pursuant to Bill 2 would fall under the same rules.


BILL:	Bill 2
TIME:	09:46:25 AM
MOVED:	Tyler
MOTION:	Move that Bill 2 be included as one of the bills to be forwarded to Legislative Council. The motion passed on a vote of 16-1, with one member absent.
SECONDED:
		VOTE
	Becker	Yes
	Buck	Yes
	Coram	Yes
	Everett	Yes
	Ginal	Yes
	Jahn	No
	Jones	Yes
	King	Yes
	Kraft-Tharp	Yes
	Lawrence	Absent
	Lee	Yes
	Mitsch Bush	Yes
	Moreno	Yes
	Peniston	Yes
	Rivera	Yes
	Scott	Yes
	Tyler	Yes
	Todd	Yes

YES: 16 NO: 1 EXC: 0 ABS: 1 FINAL ACTION: PASS

09:48 AM

The bill will start in the House and Representative Tyler will be the prime sponsor in the House. Senator Todd will be the prime sponsor in the Senate. Co-sponsors will be Representatives Buck, Ginal, Lee, and Mitsch Bush.

09:47 AM -- Bill 3

Representative Tyler explained Bill 3 (Attachment C). For the 2015-16 fiscal year, the bill requires the Colorado Department of Transportation (CDOT) to award grants under the Safe Routes to School program using state moneys available to the department in a total amount of at least $3 million. The required total amount is reduced by the amount of any federal moneys received by the department for the program. Under current law, the department must award at least 20 percent but not more than 30 percent of the state grant money for noninfrastructure programs. Representative Tyler explained the intent of the legislation and the need for a funding source for the program. Representative Mitsch Bush said that the bill is critical and expressed strong support. Representative Kraft-Tharp asked about the 80 percent for infrastructure projects designated under the bill. Discussion ensued concerning the language of the bill and 80 percent funding for infrastructure projects.

14TLRC0909AttachC.pdf

09:57 AM

Jason Gelender, representing the Office of Legislative Legal Services, came to the table to respond to questions concerning funding for infrastructure projects under the program. Representative Mitsch Bush said that the program is a grant program administered by the CDOT and commented on schools that fall under the program. Representative Everett asked why the bill provides $3 million. Representative Tyler said that the amount specified in the bill relates to how much money was being spent with federal funds. Discussion ensued concerning funding for the program.

10:04 AM

Kurt Morrison, representing CDOT, came to the table to respond to questions. He said that state statutes do not provide a local match requirement. Representative Moreno asked if CDOT could require a local match in spite of the requirement not being in law. Representative Kraft-Tharp commented on the need for transportation funding and Senate Bill 09-228. Senator Jahn asked for more information about Senate Bill 09-228. Mr. Morrison gave a brief overview of the bill and said that it required a minimum of 10 percent to be spent on transit. Committee discussion ensued concerning the bill and concerns that some members expressed. Representative Moreno stressed the need for finding a sustainable source of funding for this program. Representative Peniston stated her support for the bill.


BILL:	Bill 3
TIME:	10:13:46 AM
MOVED:	Tyler
MOTION:	Move that Bill 3 be included as one of the bills forwarded to Legislative Council. The motion passed on a vote of 13-4, with one member absent.
SECONDED:
		VOTE
	Becker	Yes
	Buck	No
	Coram	No
	Everett	No
	Ginal	Yes
	Jahn	Yes
	Jones	Yes
	King	Yes
	Kraft-Tharp	Yes
	Lawrence	Absent
	Lee	Yes
	Mitsch Bush	Yes
	Moreno	Yes
	Peniston	Yes
	Rivera	Yes
	Scott	No
	Tyler	Yes
	Todd	Yes

YES: 13 NO: 4 EXC: 0 ABS: 1 FINAL ACTION: PASS

10:15 AM

Representatives Tyler and Mitsch Bush will be the House co-prime sponsors and Senator Todd will be the prime sponsor in the Senate. Co-sponsors will be Senator Jones and Representatives Ginal, Becker, Moreno, and Kraft-Tharp.

10:16 AM -- Bill 4

Senator Todd explained Bill 4 (Attachment D). Under the bill, the DOR is instructed to make temporary motor-vehicle license plates readable by toll enforcement and billing systems. The plates must: be affixed on the exterior of a vehicle at the rear license plate mounting bracket; use a mounting board; and be usable after getting moist. The bill authorizes the department to accept gifts, grants, or donations for implementation. Senator Jahn asked why this bill is necessary and why it cannot be done via a DOR rule. Saskia Young, representing DOR, came to the table to respond to questions from the committee. She said that if it was done by rule there would be no enforcement mechanism and that legislation would provide for an enforcement mechanism and make misplacement of the tag a traffic violation. Representative Moreno asked who places a temporary tag on a vehicle. Mr. Anderson, representing DOR, came back to the table to respond to questions. Mr. Anderson said that the temporary tag is affixed by the dealership, the individual, or the county office. He said that the temporary tag is good for 60 days for a new purchase, but that the county can extend it under certain circumstances. Senator King asked for more information related to programming costs for these temporary tags. Representative Mitsch Bush commented on the temporary tag issue and the loss of revenue.

14TLRC0909AttachD.pdf

10:23 AM

Scott Spendlove, representing E-470, came to the table to respond to questions from the committee. He commented on the loss of revenue from not being able to read temporary tags on vehicles on E-470. Mr. Anderson commented on the temporary tag process. Representative Coram asked how the temporary tag would work for private sales and how trailers would apply under the bill. Senator King expressed his concern about the increase in cost to make the new temporary tag under the bill and asked how many vehicles in the state have temporary tags on them at any given time. He said that if there are a substantial number of cars that have temporary tags, there would be a great increase in cost for the taxpayers as a result of the bill. Representative Ginal asked for clarification on how dealerships handle temporary tags and whether dealerships pay for a bundle of 25 temporary tags. Mr. Anderson said that dealerships pay for the bundles of temporary tags directly from the county. Ms. Young commented on the intent of the bill.

10:36 AM

Representative Moreno commented on the bill's potential cost to consumers. He asked about the effective date of the bill and the transition from temporary tags that are not updated and are not affixed in the proper place pursuant to the bill. Discussion ensued concerning implementation of the bill. Mr. Morrison, representing CDOT, came back to the table to respond to questions from the committee concerning gifts, grants, and donations under the bill. Discussion ensued concerning readability of the temporary tags and where they are affixed to a vehicle.

10:52 AM

Senator Rivera commented on the bill and asked why the bill is necessary. Representative Buck asked what other states are doing in terms of temporary tags. Senator Jones asked about language on page 2 of the bill. Jery Payne, Office of Legislative Legal Services, came to the table to respond to questions. Discussion ensued concerning costs related to the bill and who will bear the cost.

11:11 AM

Discussion ensued concerning the intent of the bill and whether legislation is needed.

11:15 AM

Senator Todd announced that she is not going to move the bill forward at this time. She said that this is an important issue but that discussions need to continue before moving forward with legislation. Representative Moreno commented on the bill. Representative Buck commented on the bill and said that the bill would affect rural areas with a fee when rural drivers typically have no use of the toll road. Senator Jones commented on rulemaking and said that he does not see why this can't be done by rule. Committee discussion ensued concerning revenue from the fees and the need to continue the conversation about keeping the fee and the toll down.

11:25 AM

Representative Becker stated that she thinks the bill concept is a valid idea but does not understand how it would be enforceable. Ms. Young, representing DOR, came back to the table and thanked the committee for the feedback.

11:33 AM -- Briefing by Commuter Rail Now

Bob Briggs, Chief Engineer, Commuter Rail Now, and Dave Rubel, representing himself, introduced themselves to the committee and distributed a handout (Attachment E). Mr. Briggs proposed amending the Colorado Railroad Act to allow for three districts to be created and providing opportunities for the rail system to work with the Regional Transportation District (RTD) and Denver Union Station. He said that the rail yards in downtown Denver, the single track from Douglas County to the Air Force Academy, and the Moffat Tunnel are three railroad bottlenecks in the state and added that there is no capacity to bring more trains north to south. He explained that after a diesel engine goes through the Moffat Tunnel, another train cannot go through for 45 minutes because the temperature inside the tunnel is so high. He proposed a new set of rail tracks from Sterling to Los Alamos east of Denver that would reduce the travel time from 48 hours to 4 hours and increase capacity on the other lines.

14TLRC0909AttachE.pdf

11:45 AM

Representative Kraft-Tharp asked about challenges in expanding the Northwest Rail Line. Mr. Briggs explained that the line goes from Cheyenne to New Mexico, and that New Mexico has purchased the right-of-way from Belen to Trinidad. He said that if they can find an alternative to the BNSF freight, the current track could be used for local freight and passenger rail. He stated that because the Class 1 railroads are at capacity, they cannot run any additional trains because of those bottlenecks. Senator Todd and Senator Rivera commented on the benefits of railroads in the state.

11:52 AM -- Presentation on State Transportation Funding and Finance

Jaime Rall, Transportation Program Manager, National Conference of State Legislatures, introduced herself to the committee. Ms. Rall distributed a presentation (Attachment F) and a handout (Attachment G) and discussed the chronic funding gaps in transportation funding. She said that as of April 2014, 16 states had not raised their gas taxes in more than 20 years, including Colorado. She noted that Colorado has not increased its gas tax for 23 years. She explained that in Colorado, recent funding for infrastructure has come from fees because the Taxpayer Bill of Rights (TABOR) requires new taxes to be approved by voters. She said that Colorado funds transportation through the following sources: fuel taxes; registration fees; license fees; title fees; truck weight fees; traffic camera fees; impact fees; tolls; high occupancy traffic lanes; congestion pricing; interest income; and general fund revenues.

14TLRC0909AttachF.pdf

14TLRC0909AttachG.pdf

12:05 PM

Ms. Rall discussed what other states are doing to address funding shortages, and noted that at least 748 relevant bills were considered in states in 2013 and 2014. She discussed different mechanisms that states are using to fund surface transportation, including a variable-rate gas tax, fees for alternate fueled vehicles, per mile fees, and a weight-to-distance tax. She said that 15 states and the District of Columbia now have variable-rate gas tax. She discussed how Rhode Island recently passed a similar tax. Representative Tyler asked how much the gas tax increased in Rhode Island after it passed a variable-rate gas tax. Ms. Rall responded that the gas prices are influenced more by the global oil market than the tax. Ms. Rall continued to discussed financing mechanisms, recent trends, and new financing mechanisms. Ms. Rall responded to questions from the committee.

12:15 PM -- Briefing by Action 22, Club 20, and Progressive 15

Ms. Cathy Garcia, President/CEO, Action 22 introduced herself to the committee and distributed a presentation (Attachment H). She discussed why the Metro Mayors Caucus (MPACT 64), which includes Action 22, Club 20, and Progressive 15, conducted a transportation survey in the state this year. Ms. Cathy Shull, Executive Director, Progressive 15, introduced herself to the committee and discussed the results from the 2014 Transportation Survey. She reported that most people indicated in the survey that maintenance and repair were their top priority for where transportation funding should be spent. She also reported that 63.7 percent of survey respondents said that they would be willing to pay more for transportation. She discussed other questions in the survey and how respondents wanted to pay for these additional increases, with the majority selecting the gas tax. Ms Bonnie Petersen, Executive Director, Club 20, introduced herself to the committee and said that the three organizations would support a state-wide solution to transportation funding issues. She discussed why it was important for the metropolitan areas to involve the rural areas in transportation planning. She commented on how tourism and agriculture are both tied to transportation systems and how they impact the entire state. She stated that MPACT 64, which is a collaboration among four regional organizations covering all 64 counties in Colorado, has been working to raise the level of awareness in the state. She noted that there will be a state-wide transportation summit on November 20, 2014. She said that they would like to see CDOT fund focus groups to discuss funding solutions and the different findings of the two surveys.

14TLRC0909AttachH.pdf

12:34 PM

Representative Ginal asked for additional information on how survey respondents were selected and how the questions were written. Representative Becker asked the panel if any of the organizations would support a ballot measure to increase the gas tax. Ms. Shull said they would support it but it would take a tremendous amount of public education to be successful. Senator Todd asked if the Transportation Summit would include rural organizations. The panel said that their organizations have not been a part of planning the summit and suggested that the Denver Metro Chamber may be helping CDOT to organize it. Representative Buck commented on the efforts by the panel to represent the rural voice on transportation needs in the state. Senator Todd stated that she would like to send a letter on behalf of the committee to the organizers stating that the committee would like to see Action 22, Club 20, and Progressive 15 be included in the Transportation Summit. Committee discussion ensued regarding the inclusion of rural representatives in state-wide planning.

12:54 PM

Senator Todd briefly discussed the details for the committee's upcoming tour of Denver Union Station and the Denver International Airport. The committee adjourned.