Transportation Legislation Review Committee (09/30/2015)

Final
STAFF SUMMARY OF MEETING

TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Date:	09/30/2015	ATTENDANCE

Time:	09:05 AM to 02:44 PM	Arndt	X
		Becker J.	X
Place:	RM 271	Buck	X
		Carver	X
This Meeting was called to order by		Cooke	X
	Representative Tyler	Coram	X
		Esgar	X
This Report was prepared by		Heath	X
	Matt Kiszka	Kraft-Tharp	X
		Melton	X
		Mitsch Bush	X
		Neville P.	*
		Nordberg	X
		Scott	*
		Todd	*
		Winter	X
		Baumgardner	X
		Tyler	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Presentation on Nationwide Transportation Funding Colorado Department of Transportation (CDOT) Update Transportation Authority Update Public Highway Authority (PHA) Update Public Testimony Recess Discussion of Potential TLRC Legislation		Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Witness Testimony and/or Committee Discussion Only Eight Bill Proposals Approved, One Failed

09:05 AM

Representative Max Tyler, Chair, called the committee to order. A quorum was present. A packet of materials was distributed to the committee (Attachment A), including: a Legislative Council Staff memo on regional transportation authorities; an Office of Legislative Legal Services memo on interim committee bill drafting guidelines; a bill draft request from Representative Diane Mitsch Bush on I-70 traction requirements, and two bill requests from Representative Terri Carver on the membership of the Transportation Commission, and advice provided by the Statewide Transportation Advisory Committee to the Transportation Commission.

15TLRC0930AttachA.pdf

09:07 AM -- Presentation on Nationwide Transportation Funding

Jim Reed, National Conference of State Legislatures, came to the table to present to the committee on nationwide transportation funding. A copy of his presentation was distributed to the committee (Attachment B). Mr. Reed said that nearly every state considered a transportation funding bill in 2015, with over 500 bills being introduced, as well as over 700 bills being considered by state legislatures in 2013 and 2014. Mr. Reed discussed the states that had increased gas taxes since 2013, or added a fee for electric and alternative fuel vehicles. He responded to a question on what the average gas tax is across the states.

15TLRC0930AttachB.pdf

Mr. Reed discussed the bond packages and other transportation financing legislation enacted by states in 2015, upcoming ballot measures across the states that are related to transportation funding, and states that have public-private partnerships (P3s) for transportation projects. Committee discussion ensued.

09:21 AM

Mr. Reed discussed the ways that P3s are usually authorized with tolling, how the value of the state gas tax has fallen since 1999, how motor fuel taxes now account for less of total state revenue, the states that increased their gas taxes in 2015, and how many states are currently searching for sustainable transportation funding options. He spoke to the various ways that most states fund surface transportation in the present day, and the bills that have been introduced in state legislatures since 2008 to implement a vehicle-miles traveled (VMT) fee. He responded to questions on the approach that Oregon is taking with its VMT fee, the approach that Connecticut has taken with bonding for transportation funding, and how states compare on taxes and fees in relation to transportation and motor vehicles.

09:30 AM -- Colorado Department of Transportation (CDOT) Update

Herman Stockinger, Director of Policy and Government Relations, and Andy Karsian, Legislative Liaison, CDOT, came to the table to brief the committee. Mr. Stockinger discussed three facilities that CDOT plans to replace, including its headquarters in Denver, and the bonding it intends to do to pay for the projects. He stated that CDOT plans to bond roughly $127 million, and explained the reasons behind the need for new construction. He responded to questions on the operating costs of existing buildings that CDOT plans to replace and the projected savings from its new builds, why CDOT needs to replace its buildings now despite the extensive transportation infrastructure needs of the state, why CDOT was opposed to bonding for road construction projects in 2015 but plans to bond for its new offices, what the impact of construction inflation will be for the state, the use of funding for CDOT's offices instead of for bridges and road projects that are in need of replacement or repair, and if CDOT would back bonding for projects that would have a dedicated funding source.

09:49 AM

Mr. Stockinger responded to questions on the locations it is considering for its new buildings, why CDOT will not pay cash up front if it is available instead of doing bonding, if the bonding approach will save CDOT money in the long run, how long it has been repairing its buildings that it plans to replace, whether CDOT has considered leasing existing facilities instead of performing new construction, whether CDOT can provide a fiscal analysis of its planned new construction, and the funding source for the bonds it will issue.

Mr. Stockinger responded to questions on CDOT's recently-announced plans to spend $100 million on bike paths, what portion of those funds must be dedicated to bike projects, federal earmarking of pass-through funds that CDOT plans to use for bike paths, if any of the funds could be used for capital construction projects, how much money the state sends to the federal government versus what it receives, who will maintain the bike paths that will be put in under the program, and how local governments can be expected to maintain bike paths.

10:11 AM

Mr. Stockinger responded to questions on the alternative funding sources it considered in its new facilities planning, whether any of CDOT's bike path funding can be used for expanding public transit services, the use of local sales taxes to pay for state highway maintenance, and whether funding for bike paths would be better spent towards increasing public transit services. Committee discussion ensued on the prioritization of transportation infrastructure projects throughout the state. Mr. Stockinger responded to a question on what proportion of CDOT's budget comes from the federal gas tax.

10:25 AM -- Transportation Authority Update

Dan Blankenship, Chief Executive Officer, Roaring Fork Transportation Authority (RFTA), presented to the committee on Regional Transportation Authorities (RTAs). He distributed a packet of materials to the committee (Attachment C), and asked the committee to sponsor a bill to extend the property tax authorization available to RTAs that is due to expire on January 1, 2019. Mr. Blankenship gave the committee an overview of the RFTA, its VelociRFTA bus rapid transit (BRT) service, transit priority measures implemented within the RFTA's service area, the BRT's performance in 2014, and projected increases in demand.

15TLRC0930AttachC.pdf

Mr. Blankenship discussed challenges faced by the RFTA to maintain its facilities and equipment in a state of good repair, the sales tax rates levied by various jurisdictions under RTA law, and discussed funding scenario outcomes if the RFTA was to utilize a mill levy. He discussed the details of the RFTA's legislative request to increase the sunset of the mill levy authorization to 2029, if not indefinitely. Mr. Blankenship responded to questions on how many times voters within the RFTA have approved additional sales taxes.

Rick Sonnenburg, Program and Contracts Manager, Pikes Peak Rural Transportation Authority (PPRTA), presented to the committee on the PPRTA. He provided an overview of the PPRTA and the ballot measure that was put to the voters within the RTA to increase local sales taxes by 1 percent. He noted that the 2004 ballot measure earmarked funds from the sales tax increase of: 55 percent for capital projects, 35 percent for maintenance work, and 10 percent for transit services. Mr. Blankenship discussed how the PPRTA's board went back to the voters in 2012 with a new list of projects and asked for a continuance of the 1 percent sales tax increase.

Mr. Sonnenburg said that the PPRTA collected revenues of over $700 million for transportation projects from its 1 percent sales tax collection over the 2005-2014 period. He responded to questions on PPRTA's need to use or extend the property tax increase request authorization that it is allowed by law. The committee discussed the successes of the PPRTA in funding and completing transportation projects within its jurisdiction, and the interim committee bill process.

11:03 AM -- Public Highway Authority (PHA) Update

Brighton Mayor Richard McLean, Chairman, and John McCuskey, Executive Director, E-470 PHA, presented to the committee. A copy of their presentation was distributed to the committee (Attachment D). Mr. McCuskey thanked the members for Senate Bill 15-90, which increased the standard for motor vehicle temporary license plates, and said this will dramatically impact the collection of tolls on E-470. He said that E-470 has no legislative requests for the 2016 session. He explained that E-470 is a political subdivision of the state, being a true government enterprise, with no funding from the state.

Attachment D can be viewed at Legislative Council.

Mr. McCuskey described the tolling process of E-470, the services offered by ExpressToll, the current transponders being used on highways and toll roads in the state, roadway use and the growth of E-470 in recent years, E-470 debt obligations, and unbillable toll revenue. He discussed the increased need for Colorado State Patrol (CSP) services on E-470, the contract that is in place between the two entities, and E-470's current initiatives. Mr. McCuskey responded to questions on transponder requirements for users of toll roads and high-occupancy vehicle (HOV) lanes, E-470's snow removal contracts, E-470's contract with CSP, and whether dealerships have been notified of temporary license plate placement following SB 15-90.

Greg Stokes, Chairman of the Northwest Parkway PHA and Broomfield City and County Mayor Pro-tem, Charles Ozaki, Broomfield City and County Manager, and Pedro Costa, Executive Director, Northwest Parkway PHA, presented to the committee. A copy of the presentation was distributed to the committee (Attachment E). Mr. Stokes provided an overview of the Northwest Parkway, possibilities for expansion of the parkway, traffic trends on the parkway, tolls on the parkway, and its use of E-470's ExpressToll service.

15TLRC0930AttachE.pdf

11:36 AM -- Public Testimony

Kayla Hornafius, representing herself, testified to the committee on the potential for a low carbon fuel standard in Colorado. A copy of her presentation was distributed to the committee (Attachment F). She discussed Colorado's greenhouse gas (GHG) emissions, and how a reduction in emissions can be achieved by using low carbon-intensity fuels and implementing carbon sequestration techniques. Ms. Hornafius discussed the financial and environmental benefits of such initiatives. She responded to questions on a map on page 12 of her presentation, and consumer choice at the gas tank.

Attachment F can be viewed at Legislative Council.

11:52 AM -- Recess

The committee recessed for lunch.

01:02 PM -- Discussion of Potential TLRC Legislation

Representative Tyler, chair, brought the committee back to order. Jery Payne, Office of Legislative Legal Services, and Matt Kiszka, Legislative Council Staff, provided an overview of the bill drafting process to the committee.

01:07 PM

Representative Tyler opened the floor to bill drafting suggestions. Representative Mitsch Bush discussed a bill proposal related to chain use on the I-70 corridor and discussed the background of the issue. She also provided a printout of her bill proposal (included in Attachment A). She proposed a bill that would clarify passenger vehicle traction requirements and responsibilities on the I-70 mountain corridor when snowy, icy conditions exist. Representative Mitsch Bush outlined why the bill was necessary, including the economics of I-70 closures. She described her bill's main points, including: specifying an area of the highway where adequate traction devices are required; specifying that traction devices are required when conditions exist; clarify and simplify the statutes related to traction; and requiring CDOT to educate the public about the requirements under the draft bill. Representative Mitsch Bush responded to a question about the issues that came up when this bill draft idea was House Bill 15-1173.


BILL:	Discussion of Potential TLRC Legislation
TIME:	01:18:41 PM
MOVED:	Mitsch Bush
MOTION:	Approve a bill proposal relating to passenger vehicle traction requirements and responsibilities on the I-70 mountain corridor when snowy, icy conditions exist to be drafted by the Office of Legislative Legal Services. The motion passed without objection.
SECONDED:	Melton
		VOTE
	Arndt
	Becker J.
	Buck
	Carver
	Cooke
	Coram
	Esgar
	Heath
	Kraft-Tharp
	Melton
	Mitsch Bush
	Neville P.
	Nordberg
	Scott
	Todd
	Winter
	Baumgardner
	Tyler

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:19 PM

Representative Carver discussed two bill proposals (included in Attachment A). She explained her first bill proposal related to changing the authority to which the Statewide Transportation Advisory Committee provides its input from CDOT to the Transportation Commission. She responded to questions and comments from the committee.


BILL:	Discussion of Potential TLRC Legislation
TIME:	01:24:15 PM
MOVED:	Carver
MOTION:	Approve a bill proposal related to changing the authority to which the Statewide Transportation Advisory Committee provides its input from CDOT to the Transportation Commission to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:	Buck
		VOTE
	Arndt
	Becker J.
	Buck
	Carver
	Cooke
	Coram
	Esgar
	Heath
	Kraft-Tharp
	Melton
	Mitsch Bush
	Neville P.
	Nordberg
	Scott
	Todd
	Winter
	Baumgardner
	Tyler

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:26 PM

Representative Carver discussed her second bill proposal. The bill proposed to increase the membership of the Transportation Commission from 11 to 15 and to align the membership districts of the Transportation Commission to the 15 Transportation Planning Regions. Committee discussion ensued.


BILL:	Discussion of Potential TLRC Legislation
TIME:	01:28:00 PM
MOVED:	Carver
MOTION:	Approve a bill proposal to increase the membership of the Transportation Commission from 11 to 15 and to align the membership districts of the Transportation Commission to the 15 Transportation Planning Regions to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:	Becker J.
		VOTE
	Arndt
	Becker J.
	Buck
	Carver
	Cooke
	Coram
	Esgar
	Heath
	Kraft-Tharp
	Melton
	Mitsch Bush
	Neville P.
	Nordberg
	Scott
	Todd
	Winter
	Baumgardner
	Tyler

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:29 PM

Senator Scott discussed a bill proposal to outsource certain Division of Motor Vehicle (DMV) services by allowing the state to enter into a cooperative agreement with non-governmental organizations, like AAA (Attachment G). Committee members discussed stakeholders to be notified, implementation logistics, and convenience fees.

15TLRC0930AttachG.pdf


BILL:	Discussion of Potential TLRC Legislation
TIME:	01:42:32 PM
MOVED:	Scott
MOTION:	Approve a bill proposal related to the outsourcing of Division of Motor Vehicle services to third-party entities to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed on a vote of 13-5.
SECONDED:	Coram
		VOTE
	Arndt	No
	Becker J.	Yes
	Buck	Yes
	Carver	Yes
	Cooke	Yes
	Coram	Yes
	Esgar	No
	Heath	Yes
	Kraft-Tharp	No
	Melton	No
	Mitsch Bush	No
	Neville P.	Yes
	Nordberg	Yes
	Scott	Yes
	Todd	Yes
	Winter	Yes
	Baumgardner	Yes
	Tyler	Yes

YES: 13 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:44 PM

Representative Nordberg discussed a bill proposal stemming from the recent legislative audit report issued by the Office of the State Auditor on the "Collection and Usage of the FASTER Motor Vehicle Fees." Representative Nordberg provided an overview of the Legislative Audit Committee meeting on the report and discussed the need for CDOT to improve its documentation, transparency, and accountability processes. Representative Nordberg was asked to clarify the intent of the bill draft. Representative Nordberg stated that it was to have CDOT document why projects were selected over others and steps taken in its general prioritization process. Representative Nordberg responded to a question about whether this could be resolved through a SMART Act hearing process. Committee discussion ensued about how to proceed with issues raised in the audit.

01:55 PM

Committee discussion continued on the audit. Senator Baumgardner requested that CDOT come to the table.

01:57 PM -- Mr. Andy Karsian, Legislative Liaison, CDOT, came to the table to address committee questions related to the audit. He discussed CDOT's prioritization methods and its willingness to share any documentation related to the FASTER audit with the TLRC. Mr. Karsian responded to questions from the committee.

02:05 PM

Committee discussion ensued around the suggestion that the Legislative Audit Committee pursue drafting legislation related to audit recommendations.


BILL:	Discussion of Potential TLRC Legislation
TIME:	02:13:34 PM
MOVED:	Nordberg
MOTION:	Approve a bill proposal related to the creation of a documentation process to be implemented by the Colorado Department of Transportation to record why projects are funded and how they are prioritized to be drafted by the Office of Legislative Legal Services, as discussed. The motion failed on a 9-9 vote.
SECONDED:	Buck
		VOTE
	Arndt	No
	Becker J.	Yes
	Buck	Yes
	Carver	Yes
	Cooke	Yes
	Coram	Yes
	Esgar	No
	Heath	No
	Kraft-Tharp	No
	Melton	No
	Mitsch Bush	No
	Neville P.	Yes
	Nordberg	Yes
	Scott	Yes
	Todd	No
	Winter	No
	Baumgardner	Yes
	Tyler	No

YES: 9 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:16 PM

Mr. Karsian stated that he would provide committee members with further audit documentation.

02:17 PM

Representative Becker discussed a bill proposal to revive House Bill 15-1089 to allow kei vehicles on certain roads, with the change that kei vehicle dealers must become auto dealers. Representative Becker discussed the benefits of the legislation and responded to committee concerns about the hardship on small business owners who currently sell these vehicles.


BILL:	Discussion of Potential TLRC Legislation
TIME:	02:18:19 PM
MOVED:	Becker J.
MOTION:	Approve a bill proposal to allow kei vehicles to be used on certain roads, as outlined in House Bill 15-1089, and to further require kei vehicle dealers to become auto dealers to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:	Neville P.
		VOTE
	Arndt
	Becker J.
	Buck
	Carver
	Cooke
	Coram
	Esgar
	Heath
	Kraft-Tharp
	Melton
	Mitsch Bush
	Neville P.
	Nordberg
	Scott
	Todd
	Winter
	Baumgardner
	Tyler

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:20 PM

Representative Tyler discussed a bill draft to allow buses from the Regional Transportation District to operate on the U.S. Highway 36 shoulder, calling it a technical, clean-up bill. He asked Mr. Karsian to return to the table to discuss the CDOT-based bill draft request. Mr. Karsian stated that bus-on-shoulder passing is prohibited in statute, but was a part of the concessionaire agreement on U.S. Highway 36. He discussed the training requirements in other states and stated that the intent of the bill is to allow a bus to pass other vehicles, under certain circumstances, when that shoulder has been built to specifications to allow safe passage. Mr. Karsian responded to concerns from the committee related to emergency vehicles using the shoulder and the stakeholder process involved in the legislation. Mr. Karsian responded to a question about whether this applies only to the U.S. Highway 36 corridor, to which he replied yes.


BILL:	Discussion of Potential TLRC Legislation
TIME:	02:29:04 PM
MOVED:	Tyler
MOTION:	Approve a bill proposal to allow Regional Transportation District buses to drive on the shoulder of U.S. Highway 36 to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed on a vote of 14-3.
SECONDED:	Winter
		VOTE
	Arndt	Yes
	Becker J.	Yes
	Buck	No
	Carver	Yes
	Cooke	Yes
	Coram	Yes
	Esgar	Yes
	Heath	Excused
	Kraft-Tharp	Yes
	Melton	Yes
	Mitsch Bush	Yes
	Neville P.	No
	Nordberg	Yes
	Scott	Yes
	Todd	Yes
	Winter	Yes
	Baumgardner	No
	Tyler	Yes

YES: 14 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:30 PM

Representative Tyler discussed a bill proposal that would revise the statutes related to the abandoned vehicle ownership process. The bill would require tow operators to check the National Motor Vehicle Title System when assessing an abandoned vehicle.

02:31 PM -- Jay Hicks, Colorado Motor Carriers Association, came to the table to discuss the issue. He said that currently statute only requires tow companies to confirm ownership with the Division of Motor Vehicles database. Mr. Hicks responded to questions from the committee.


BILL:	Discussion of Potential TLRC Legislation
TIME:	02:34:08 PM
MOVED:	Nordberg
MOTION:	Approve a bill proposal to require tow operators to do a national title search on abandoned vehicles to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed without objection.
SECONDED:	Buck
		VOTE
	Arndt
	Becker J.
	Buck
	Carver
	Cooke
	Coram
	Esgar
	Heath
	Kraft-Tharp
	Melton
	Mitsch Bush
	Neville P.
	Nordberg
	Scott
	Todd
	Winter
	Baumgardner
	Tyler

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:34 PM

Representative Mitsch Bush proposed the bill requested by the RFTA to extend the sunset date for a regional transportation authority to impose a property tax mill levy ten years out to 2029.


BILL:	Discussion of Potential TLRC Legislation
TIME:	02:35:15 PM
MOVED:	Mitsch Bush
MOTION:	Approve a bill proposal that extends the sunset date for a regional transportation authority to impose a property tax mill levy from January 1, 2019, to January 1, 2029, to be drafted by the Office of Legislative Legal Services, as discussed. The motion passed on a vote of 9-7.
SECONDED:	Esgar
		VOTE
	Arndt	Yes
	Becker J.	Yes
	Buck	No
	Carver	No
	Cooke	No
	Coram	No
	Esgar	Yes
	Heath	Excused
	Kraft-Tharp	Yes
	Melton	Yes
	Mitsch Bush	Yes
	Neville P.	No
	Nordberg	No
	Scott	No
	Todd	Yes
	Winter	Yes
	Baumgardner	Excused
	Tyler	Yes

YES: 9 NO: 7 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:40 PM

Representative Tyler made closing remarks. The committee adjourned.