SENATE Amended 3rd Reading April 15, 2013 SENATE Amended 2nd Reading April 12, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 13-0841.01 Esther van Mourik x4215SENATE BILL 13-203 SENATE SPONSORSHIP Schwartz, King HOUSE SPONSORSHIP Coram, DelGrosso, Priola, Singer, Tyler Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning limitations on the use of certain public land for automotive service stations in order to limit government competition. 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 codifies in statute the current federal prohibition on the commercialization of the interstate rest areas. The bill provides an exception for vending machines placed in rest areas in conformance with the federal "Randolph-Sheppard Vending Stand Act". The bill prohibits certain public entities, including the Colorado department of transportation and political subdivisions, from retailing motor fuel, not including electricity, directly to the public but allows such public entities to enter into contracts with a private entity to retail motor fuel for public use within certain parameters established in the bill. The bill does not prohibit a public entity from servicing its fleets. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 2 to article 113 of title 24 as follows: PART 2 LIMIT USE OF PUBLIC LAND FOR AUTOMOTIVE SERVICE STATIONS 24-113-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Automotive service station" means any truck stop, fueling station, convenience store, or other commercial establishment for serving motor vehicle users. (2) "Highway" means the state highway system as described in section 43-2-101 (1), C.R.S., a public highway as described in section 43-2-201, C.R.S., a freeway designated pursuant to section 43-3-101, C.R.S., a county road, or a municipal street. (3) "Interstate system" has the same meaning as set forth in section 43-2-101 (2), C.R.S. (4) "Motor fuel" means any source of energy used to propel a motor vehicle on a highway or interstate system, but does not include electricity. (5) "Political subdivision" means a governing subdivision of the state, including a county, a municipality, the regional transportation district, or any other special district. (6) "Private entity" means any individual, corporation, business trust, estate, trust, limited liability company, partnership, association, or other legal entity. (7) "Public entity" means the Colorado department of transportation or any political subdivision of the state; except that "public entity" does not include a state institution of higher education as defined in section 23-18-102 (10), C.R.S., the Auraria higher education center established in article 70 of title 23, C.R.S., or an airport as defined in section 41-3-103 (2), C.R.S. 24-113-202. Limit use of public land for retail sales. (1) (a) Notwithstanding any other provision of law, and except as provided in paragraph (b) of this subsection (1), a public entity shall not permit automotive service stations to be constructed or located on the rights-of-way of the interstate system. (b) (I) Nothing in this subsection (1) prohibits a public entity from maintaining existing public rest areas or constructing new public rest areas located, as allowed by law, on the rights-of-way of the interstate system. (II) A public entity may permit the placement of vending machines in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the interstate system in the state. Such vending machines may only dispense food, drink, and other articles as the public entity determines are appropriate and desirable. Priority shall be given to vending machines that are licensed, managed, or operated pursuant to section 26-8.5-102, C.R.S., or the "Randolph-Sheppard Vending Stand Act", 20 U.S.C. sec. 107. (2) (a) Notwithstanding any other provision of law, a public entity shall not directly retail motor fuel for public use at any truck stop, fueling station, convenience store, or other automotive service station. (b) (I) Notwithstanding any other provision of law, a public entity may contract with a private entity to retail motor fuel for public use or electricity for electric vehicle charging for public use at any truck stop, fueling station, convenience store, or other automotive service station. (II) In order to ensure that a competitive environment exists, if a public entity contracts with a private entity to retail motor fuel for public use pursuant to this paragraph (b), the contract must include a determination that the price charged for the motor fuel reflects the direct and indirect costs of providing such motor fuel in comparison to the price charged for the motor fuel in the private marketplace, including, but not limited to, the costs of: (A) Property tax; (B) Business personal property tax; (C) Remitting the fuel excise tax through a licensed distributor; (D) Maintaining the public land on which the retail operation is located; and (E) Specialized equipment jointly utilized by both the public entity and the private entity. (III) If a public entity contracts with a private entity to retail motor fuel for public use pursuant to this paragraph (b), and if the private entity fails to sufficiently close the facility, the public entity shall dispose of any hazardous materials and remediate the property, including any storage tanks or other infrastructure, as provided by law. (c) The provisions of this subsection (2) do not apply to any truck stop, fueling station, convenience store, or other automotive service station that retails motor fuel prior to the effective date of this subsection (2). SECTION 2. In Colorado Revised Statutes, 24-113-102, amend introductory portion as follows: 24-113-102. Definitions. As used in this article part 1, unless the context otherwise requires: SECTION 3. Act subject to petition - effective date. This act takes 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 7, 2013, if adjournment sine die is on May 8, 2013); 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 will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.