Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0168.01 Jason Gelender x4330 HOUSE BILL 12-1021 HOUSE SPONSORSHIP Vaad, SENATE SPONSORSHIP (None), House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning coordinated transportation planning for areas of the state that are outside of the jurisdiction of metropolitan planning organizations. 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.) Sections 1 to 4 of the bill amend existing statutory provisions regarding transportation planning in order to coordinate such planning for any area of the state that is outside the jurisdiction of a metropolitan planning organization (MPO) by: Eliminating non-MPO transportation planning regions and regional transportation plans and requiring the department of transportation (CDOT) to include all non-MPO areas of the state in its comprehensive statewide transportation plan using an appropriate level of planning and analysis to incorporate the needs of the areas in an equitable and consistent manner; Eliminating the state transportation advisory committee and the special interim transit and rail advisory committee; Emphasizing the importance of coordinated and rational CDOT and state transportation commission transportation planning relative to local government and regional transportation planning in the legislative declaration that pertains to the statutory provisions. Sections 5 to 16 of the bill make conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 43-1-1101 as follows: 43-1-1101. Legislative declaration. The general assembly hereby finds and declares that although local government involvement in transportation planning is critical to the overall statewide transportation planning process. The general assembly recognizes that regional planning commissions and transportation planning regions are the proper forum for transportation planning and that the county hearing process is the proper forum for local government input into the five-year program of projects. However, the general assembly also recognizes that important, as the population of the state and number of persons using the state transportation system continue to increase even as the amount of federal and state revenues dedicated for transportation continues to decline in real terms, state involvement in transportation planning, through the department of transportation is equally and the commission, has become increasingly critical to ensure coordinated and rational overall statewide planning. and The general assembly recognizes further finds and declares that the department of transportation as the proper body, in cooperation with regional planning commissions and local government officials, and the commission are the appropriate entities for developing, and maintaining, coordinating, and overseeing the state transportation planning process and the state transportation plan. SECTION 2. In Colorado Revised Statutes, 43-1-1102, repeal (1), (3), (6), and (8); and add (9) as follows: 43-1-1102. Definitions. For the purposes of this part 11, unless the context otherwise requires: (1) "Committee" means the transportation advisory committee created by section 43-1-1104. (3) "Department" means the department of transportation. (6) "Regional transportation plan" means a technically based, long-range, future mobility needs assessment for any planning and management region. (8) (a) "Transportation planning region" means a region of the state as defined by the rule or regulation process required by section 43-1-1103 (5). The maximum number of such regions shall be fifteen unless such number is increased pursuant to paragraph (b) of this subsection (8). (b) Each metropolitan planning organization's metropolitan area shall, at a minimum, comprise a transportation planning region. If any new metropolitan planning organization is designated on or after January 1, 1998, the maximum allowable number of transportation planning regions under paragraph (a) of this subsection (8) shall be increased by one region for each such new metropolitan planning organization. (9) "Twenty-year transportation plan" means a technically based, long-range, future mobility needs assessment for a metropolitan planning organization. SECTION 3. In Colorado Revised Statutes, 43-1-1103, amend (1) introductory portion, (1) (a), (1) (e), (2), (3), (4), (5) introductory portion, and (5) (d) as follows: 43-1-1103. Transportation planning. (1) A twenty-year transportation plan shall be is required for each transportation planning region that includes the metropolitan area of a metropolitan planning organization. Other transportation planning regions may, through intergovernmental agreements defined in section 30-28-105, C.R.S., prepare and submit such a transportation plan. A regional The twenty-year transportation plan shall include, but shall not be limited to, the following: (a) Identification of transportation facilities and services, including expansion or improvement of existing facilities and services, required to meet the estimated demand for transportation in the region territory of the metropolitan planning organization over the twenty-year period; (e) Shall assist Assistance of other agencies in developing transportation control measures for utilization in accordance with state and federal statutes or regulations and the state implementation plan and shall identify and evaluate identification and evaluation of measures that show promise of supporting clean air objectives. (2) A regional twenty-year transportation plan shall state the fiscal need to maintain mobility and what can be reasonably expected to be implemented with the estimated revenues which that are likely to be available. (3) (a) Any regional planning commissions formed for the purpose of conducting regional transportation planning or any transportation planning region shall be responsible, in cooperation with the state and other governmental agencies, for carrying out necessary continuing, cooperative, and comprehensive transportation planning for the region represented by such commission and for the purpose of meeting the requirements of subsection (4) of this section. (b) In the absence of a locally generated regional transportation plan by a duly formed regional planning commission, The department shall include these all areas of the state that are not within the territory of a metropolitan planning organization in the statewide transportation state plan and shall be responsible for the appropriate level of planning and analysis to incorporate the needs and recommendations of the region of the areas in an equitable and consistent manner. with other regions of the state A regional planning commission may make recommendations to the department regarding its assessment of the needs of its region by communicating directly with any member of the transportation commission whose district includes all or a portion of the region. (4) The regional transportation plan for any region A twenty-year transportation plan may recommend the priority for any transportation improvements planned for such region the territory of the metropolitan planning organization that created the plan. The commission shall consider the any priorities contained in such a plan in making decisions concerning transportation improvements. (5) The department shall integrate and consolidate the regional transportation plans for the transportation planning regions twenty-year transportation plans for the metropolitan planning organizations and its own planning conducted pursuant to subsection (3) of this section into a comprehensive statewide transportation plan. The formation of such the state plan shall be accomplished through a statewide planning process set by rules and regulations promulgated by the commission. The state plan shall address but shall not be limited to the following factors: (d) The targeting of infrastructure investments, including preservation of the existing transportation system commonly known as "fixing it first" to support the economic vitality of the state and each region of the state; SECTION 4. In Colorado Revised Statutes, repeal 43-1-1104 as follows: 43-1-1104. Transportation advisory committee. (1) (a) A transportation advisory committee is hereby created. The committee is to be composed of one representative from each transportation planning region. If a regional planning commission has been formed in a transportation planning region, the chairman of such commission or the chairman's designee shall be the representative for the region on the committee. If any transportation planning region has not formed a regional planning commission, then the representative shall be chosen by the boards of county commissioners of the counties contained in such region in consultation with officials of the municipalities contained in such region. (b) No later than three months after May 20, 2009, the executive director, in consultation with the commission, shall appoint a special interim transit and rail advisory committee to specifically advise the commission and the executive director regarding the initial focus of the transit and rail division created in section 43-1-117.5 and to recommend a long-term advisory structure, including the advisory structure's purpose and role, in support of the transit and rail-related functions of the department. The special interim transit and rail advisory committee shall include such representatives of industries and other groups interested in transit and rail issues and such other individuals as the executive director, in consultation with the commission, deems appropriate; except that the committee shall include, at a minimum, one or more: (I) Representatives of transit operators; (II) Representatives of class I railroads; (III) Representatives of short line railroads; and (IV) Representatives of entities or interest groups involved in the promotion, planning, or development of passenger rail systems. (2) The committee shall provide advice to the department on the needs of the transportation systems in Colorado and shall review and comment on all regional transportation plans submitted for the transportation planning regions. The activities of the committee shall not be construed to constrain or replace the county hearing process. SECTION 5. In Colorado Revised Statutes, 7-45-105, amend (1), (2), and (3) (a) as follows: 7-45-105. Planning standards and project review. (1) A preexisting or new toll road or toll highway company shall not commence the construction of a toll road or toll highway or of any other element of a toll road or toll highway project until the toll road or toll highway or other element has been reviewed by every metropolitan planning organization or regional planning commission that is located in whole or in part within the three-mile corridor designated by the preexisting toll road or toll highway company as required by section 7-45-101 (1) before June 2, 2008, or that is located in whole or in part within the proposed route of the toll road or toll highway proposed by the new toll road or toll highway company and has been included in the regional twenty-year transportation plan in effect for the region organization pursuant to section 43-1-1103, C.R.S., if applicable, and in the comprehensive statewide transportation plan required pursuant to section 43-1-1103 (5), C.R.S. In designated nonattainment areas for any pollutant pursuant to the federal "Clean Air Act", 42 U.S.C. sec. 7401 et seq., as amended, a metropolitan planning organization or regional planning commission shall not include a toll road or toll highway project in the regional its twenty-year transportation plan, and the department of transportation shall not include a toll road or toll highway project in the comprehensive statewide transportation plan, unless the organization or commission the department has performed an emissions analysis that demonstrates that regional emissions within the area and local project emissions will continue to conform to the state implementation plan if the project is added to the regional organization's twenty-year transportation plan or the comprehensive statewide transportation plan. The toll road or toll highway company shall pay the reasonable actual costs for the emissions analysis. Each organization or commission may condition its addition of a toll road or toll highway project into the regional its twenty-year transportation plan, and the department of transportation may condition its addition of a toll road or toll highway project into the comprehensive statewide transportation plan, upon acceptable environmental mitigation activities and commitments to offset incremental costs of public services that will be necessary as a result of development of the project. within the planning region. (2) At least thirty days before a metropolitan planning organization or regional planning commission may amend its regional twenty-year transportation plan, or the department of transportation may amend the comprehensive statewide transportation plan, pursuant to subsection (1) of this section, a toll road or toll highway company shall provide the organization or commission the department information on the toll road or toll highway project being considered for addition to the applicable plan that includes the final environmental documentation required by section 7-45-106 (1) (b) (IV), the operating plan for the project, the technology to be utilized, an assessment of project feasibility, and an assessment of the long-term viability of the project. (3) (a) At the discretion of a metropolitan planning organization, or regional planning commission, a regional a twenty-year transportation plan, and, at the discretion of the department of transportation, the comprehensive statewide transportation plan, may initially be amended to include only environmental and preconstruction activities, excluding right-of-way acquisition, relating to a toll road or toll highway project and may later be amended to include actual construction and right-of-way acquisition of the project following agreement by the metropolitan planning organization or regional planning commission the department that acceptable environmental mitigation activities and commitments to offset incremental costs of public services are included in the project plans. SECTION 6. In Colorado Revised Statutes, 7-45-106, amend (2) introductory portion, (2) (c), and (2) (d) as follows: 7-45-106. Environmental standards and review. (2) The transportation commission created in section 43-1-106, C.R.S., shall not revise approve a revision to the comprehensive statewide transportation plan prepared pursuant to section 43-1-1103 (5), C.R.S., to include a toll road, toll highway, or toll road or toll highway project subject to the requirements of this section unless the commission, after holding a public hearing, determines that: (c) The toll road, toll highway, or project sponsor has established a reserve fund, performance bond, or other appropriate mechanism to ensure full payment of the costs of compliance with federal and state air and water quality standards, other federal and state environmental requirements, and mitigation measures included in the toll road, toll highway, or project or required by the transportation commission, the department of transportation, or a metropolitan planning organization; or a regional planning commission; and (d) The toll road, toll highway, or project sponsor has entered into enforceable agreements with the department of transportation, or agreements with affected local governments that are acceptable to the transportation commission, to ensure that mitigation measures included in the project or required by the transportation commission, the department, or a metropolitan planning organization or a regional planning commission will be implemented. SECTION 7. In Colorado Revised Statutes, 7-45-110, amend (3) as follows: 7-45-110. Sale of interest in or assets of a toll road or toll highway company. (3) If a toll road, toll highway, or toll road or toll highway project is included in the comprehensive statewide transportation plan required pursuant to section 43-1-1103 (5), C.R.S., before the toll road or toll highway company completes a subsequent sale or transfer of assets or rights generating more than twenty percent of the current revenue from the toll road, toll highway, or project, the purchaser must demonstrate to the transportation commission, and the commission must determine, that following the sale or transfer the resources needed to comply with federal and state water quality standards and other federal and state environmental requirements and to implement mitigation measures that were included in the toll road or toll highway project description or required by a metropolitan planning organization, a regional planning commission the department of transportation, or the transportation commission will still be available for those purposes. SECTION 8. In Colorado Revised Statutes, 25-7-105, amend (1) (a) (III) as follows: 25-7-105. Duties of commission - rules. (1) Except as provided in sections 25-7-130 and 25-7-131, the commission shall promulgate such rules and regulations as are consistent with the legislative declaration set forth in section 25-7-102 and necessary for the proper implementation and administration of this article, including but not limited to: (a) (III) The revisions to the Denver element of the PM-10 state implementation plan adopted by the commission on February 16, 1995, which contain a sixty tons-per-day PM-10 mobile source emissions budget which expires January 1, 1998, and reverts to a forty-four tons-per-day budget, are amended to provide that such forty-four tons-per-day reversion shall not be a part of the state implementation plan and shall only apply as a regulation adopted exclusively under reserved state authority pursuant to the provisions of section 25-7-105.1. The sixty tons-per-day emissions budget shall, unless modified by the commission through rule-making, apply for federal transportation conformity and is included in the state implementation plan only as required by the federal act. Any entity with authority A metropolitan planning organization required to adopt a twenty-year transportation plan required under by section 43-1-1103, C.R.S., shall consider any mobile source emissions budgets in effect under this article in the development of transportation improvement programs for federal purposes. SECTION 9. In Colorado Revised Statutes, 42-3-306, amend (2) (b) (IV) as follows: 42-3-306. Registration fees - passenger and passenger-mile taxes - fee schedule. (2) Fees for the annual registration of passenger-carrying motor vehicles shall be as follows: (b) (IV) If a regional twenty-year transportation plan is implemented within the regional transportation district, residents of the E-470 highway authority area shall be exempt from the first ten dollars of any motor vehicle registration fee increase in such plan. SECTION 10. In Colorado Revised Statutes, 43-1-1301, amend (4) as follows: 43-1-1301. Legislative declaration - intent. (4) If a rail line or right-of-way proposed for abandonment is being considered for acquisition by the state for transportation purposes, which may include interim recreational purposes, the regional planning commissions, acting on behalf of the transportation planning regions, any affected metropolitan planning organization or regional planning commission shall assist the state in determining appropriate uses of such rail line or right-of-way. The department and the metropolitan planning organizations and regional planning commissions shall include in their deliberations representatives from each of the following interests, if such interests are not already represented: Private property owners, recreation and environmental interests, the department of local affairs, and the department of natural resources. SECTION 11. In Colorado Revised Statutes, amend 43-3-304 as follows: 43-3-304. Noncompete agreements. A toll road or toll highway company may not enter into a noncompete agreement with a public entity if the agreement would degrade an existing roadway or either delay or prevent the construction or upgrading of a road or highway that is included in the a fiscally constrained regional twenty-year transportation plan required by section 43-1-1103 (1) or the fiscally constrained comprehensive statewide transportation plan required by section 43-1-1103 (5). SECTION 12. In Colorado Revised Statutes, 43-4-504, amend (5) as follows: 43-4-504. Creation of authorities. (5) The appropriate regional transportation agency, if any, the air quality control commission, and the regional planning commission metropolitan planning organization, if any, shall each designate a representative to serve as nonvoting members of the board. SECTION 13. In Colorado Revised Statutes, amend 43-4-605.5 as follows: 43-4-605.5. Preservation of state highway funding - legislative declaration. The general assembly hereby finds and declares that moneys made available for regional transportation systems pursuant to this part 6 shall not be used to supplant existing or budgeted department of transportation funding of any portion of the state highway system within the territory of any authority or any transportation planning region metropolitan planning organization, as defined in section 43-1-1102 (8) section 43-1-1102 (4), that includes any portion of the territory of the authority except as described in detail in an intergovernmental agreement entered into pursuant to section 43-4-603 (1.5). SECTION 14. In Colorado Revised Statutes, 43-4-803, amend (20) as follows: 43-4-803. Definitions. As used in this part 8, unless the context otherwise requires: (20) "Regional planning commission" means a regional planning commission formed under the provisions of section 30-28-105, C.R.S. that prepares and submits a transportation plan pursuant to section 43-1-1103. SECTION 15. In Colorado Revised Statutes, 43-4-806, amend (8) and (9) (b) as follows: 43-4-806. High-performance transportation enterprise - creation - board - funds - powers and duties - limitations - reporting requirements - legislative declaration. (8) (a) When the transportation enterprise board decides to study the feasibility or desirability of completing a surface transportation infrastructure project that adds substantial transportation capacity or significantly alters travel patterns, the board shall invite every metropolitan planning organization or other transportation planning region with planning responsibility for any area in which the project will be located and every affected regional planning commission, public mass transit operator, as defined in section 43-1-102 (5), public highway authority created pursuant to part 5 of this article, and regional transportation authority created pursuant to part 6 of this article to collaborate with the board in its study and review and comment regarding the project. The transportation enterprise board and a metropolitan planning organization, transportation planning region regional planning commission, public mass transit operator, public highway authority, or regional transportation authority may enter into an intergovernmental agreement to define the degree of collaboration and any sharing of costs and revenues. The transportation enterprise board, in collaboration with those metropolitan planning organizations, transportation planning regions regional planning commissions, public mass transit operators, and authorities that are entitled to and wish to collaborate with the board, may develop a plan for the completion of the surface transportation infrastructure project that addresses the feasibility of the project, the technology to be utilized, project financing, and any other federally required information. (b) In order to ensure that the limited resources available for the completion of major surface transportation infrastructure projects are allocated only to projects deemed essential by all impacted metropolitan planning organizations, and other transportation planning regions, every metropolitan planning organization or other transportation planning region that includes territory in which all or any portion of a proposed surface transportation infrastructure project that will add substantial transportation capacity or significantly alter traffic patterns is to be completed shall have the right to participate in the planning and development, and approve the completion, of the project. The right of participation shall extend, without limitation, to decisions regarding the scope of the project, the type of surface transportation infrastructure to be provided, project financing, allocation of project revenues, and the manner in which any user fees are to be imposed. A surface transportation infrastructure project shall not proceed past the planning stage until all metropolitan planning organizations entitled to participate in the planning, development, and approval process, including the transportation enterprise and any partner of the enterprise under the terms of a public-private partnership, have approved the project. (9) (b) Moneys made available for any surface transportation infrastructure project pursuant to this part 8 shall not be used to supplant existing or budgeted department funding for any portion of the state highway system within the territory of any transportation planning region, as defined in section 43-1-1102 (8), metropolitan planning organization that includes any portion of the project. SECTION 16. In Colorado Revised Statutes, amend 43-4-813 as follows: 43-4-813. Transportation deficit report - annual reporting requirement. No later than June 30, 2009, and no later than March 1 of any fiscal year in which road or bridge safety surcharges are imposed pursuant to section 43-4-804 (1) (a) or 43-4-805 (5) (g), the department shall prepare and present to the transportation and energy committee of the house of representatives and the transportation committee of the senate, or any successor committees, a transportation deficit report that separately addresses the goals of repairing deficient highways and bridges, as evidenced by a C or D rating, sustaining existing transportation system performance levels, and achieving the corridor visions described by regional twenty-year transportation plans and public preferences. For each goal, the report shall include a listing of the annual costs for each of the next ten fiscal years of achieving the goal; the annual increase and rate of increase of the costs; the factors contributing to the costs, including, but not limited to, the rate and geographic distribution of population growth, vehicle size and weight, land use policies, and work patterns; methods of reducing the impact of the cost factors, including, but not limited to, land use policy changes, increased use of transit, telecommuting, and peak transportation system demand reduction practices and economic incentives; and a comparison of the costs of mitigating the cost factors and the costs of achieving the goal by repairing, upgrading, or expanding the transportation system. The report shall explain why any cost estimate for a goal differs by more than five percent from any department estimate of such costs published before March 2, 2009, and shall separately account for cost overruns other than overruns attributable to increases in the Colorado construction cost index. The department shall publish the report on its web site in a format that can be downloaded. SECTION 17. Effective date. This act takes effect July 1, 2012. SECTION 18. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.