First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0551.02 Jason Gelender HOUSE BILL 11-1133 HOUSE SPONSORSHIP Wilson, Coram, Fields, Hullinghorst, Kerr A., Lee, Pace, Ryden, Todd SENATE SPONSORSHIP Schwartz, House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning alternative energy vehicle refueling stations. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill: Defines "alternative fuel vehicle" as a self-propelled vehicle that is designed primarily for travel on the public highways, generally and commonly used to transport persons and property over the public highways, and powered primarily by electricity or natural gas. Requires the department of transportation (CDOT) to award a concession to one or more commercial entities to install and maintain alternative fuel vehicle refueling stations at state highway rest areas if the department concludes that the concession will not be detrimental to public safety or the environment and will not result in positive net state expenditures; Requires CDOT, in consultation with the division of parks and outdoor recreation (division), to award a concession to one or more commercial entities to install and maintain alternative fuel vehicle refueling stations at state parks if both CDOT and the division conclude that the concession will not be detrimental to public safety or the environment and will not result in positive net state expenditures; Specifies that a concessionaire need not install and maintain an alternative fuel vehicle refueling station at a specific state highway rest area or state park if CDOT, or CDOT and the division, as applicable, determine that it would be cost-prohibitive, damaging to the environment, detrimental to public safety, or, in the case of a state park, detrimental to the public's enjoyment of the park; Requires a concession contract to specify the maximum amount of the fees that a concessionaire may charge for the use of any refueling station that it installs and maintains; and Requires CDOT to prominently display on its web site a list by location of all alternative fuel vehicle refueling stations that a concessionaire operates and maintains and all other publicly available refueling stations in the state that are known to CDOT, to regularly update the list, and to provide a means, if feasible, by which members of the public can add refueling stations to the list. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of article 2 of title 43, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 43-2-151. Alternative fuel vehicle refueling stations - operation by concessionaires at rest areas and state parks - listing on department of transportation web site. (1) As used in this section, "alternative fuel vehicle" means a self-propelled vehicle that is designed primarily for travel on the public highways, generally and commonly used to transport persons and property over the public highways, and powered primarily by electricity or natural gas. (2) The department of transportation shall award a concession to one or more commercial entities to install and maintain alternative fuel vehicle refueling stations at state highway rest areas if the department concludes that the concession will not be detrimental to public safety or the environment and will not result in positive net state expenditures. In addition, the department, in consultation with the division of parks and outdoor recreation in the department of natural resources, shall award a concession to one or more commercial entities to install and maintain alternative fuel vehicle refueling stations at state parks if both the department and the division conclude that the concession will not be detrimental to public safety or the environment and will not result in positive net state expenditures. A concession contract need not require that the concessionaire install and maintain an alternative fuel vehicle refueling station at a specific state highway rest area or state park if the department, or the department and the division, as applicable, determine that it would be cost-prohibitive, damaging to the environment, detrimental to public safety, or, in the case of a state park, detrimental to the public's enjoyment of the park. A concession contract shall specify the maximum amount of the fees that a concessionaire may charge for the use of any refueling station that it installs and maintains. (3) No later than January 1, 2012, the department of transportation shall prominently display on its web site a list by location of all alternative vehicle refueling stations that a concessionaire operates and maintains at state highway rest areas and state parks and all other publicly available refueling stations in the state that are known to the department. The department shall regularly update the list and shall, if feasible, provide a means by which members of the public can add refueling stations to the list. SECTION 2. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.