HOUSE BILL 971047
BY REPRESENTATIVES Tucker, Mace, Sullivant, and Young;
also SENATORS Schroeder and Weddig.
CONCERNING AUTHORIZATION FOR THE PROVISION OF GOODS
AND SERVICES TO MASS TRANSPORTATION USERS AT TRANSFER FACILITIES
OF THE REGIONAL TRANSPORTATION DISTRICT.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
9 of title 32, Colorado Revised Statutes, as amended, is amended
BY THE ADDITION OF A NEW SECTION to read:
329119.8. Provision of
retail and commercial goods and services at district transfer
facilities. (1) AS USED
IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "PUBLIC ENTITY" INCLUDES,
BUT IS NOT LIMITED TO, A PUBLIC BODY AS THAT TERM IS DEFINED IN
SECTION 329103 (11), AND ANY OTHER GOVERNMENTAL ENTITY,
AGENCY, OR OFFICIAL, INCLUDING AN URBAN RENEWAL AUTHORITY AND
THE COLORADO DEPARTMENT OF TRANSPORTATION.
(b) "TRANSFER FACILITY" MEANS
A PUBLIC PARKNRIDE, BUS TERMINAL, LIGHT RAIL STATION,
OR OTHER BUS OR RAIL TRANSFER FACILITY OWNED OR OPERATED BY THE
DISTRICT WHETHER THE PROPERTY ON WHICH THE FACILITY IS LOCATED
IS OWNED BY THE DISTRICT OR LEASED BY THE DISTRICT FROM ANY OTHER
ENTITY.
(2) THE DISTRICT SHALL HAVE THE AUTHORITY
TO NEGOTIATE AND ENTER INTO AGREEMENTS WITH ANY PERSON OR PUBLIC
ENTITY FOR THE PROVISION OF RETAIL AND COMMERCIAL GOODS AND SERVICES
TO THE PUBLIC AT TRANSFER FACILITIES. THE DISTRICT ITSELF SHALL
NOT PROVIDE RETAIL AND COMMERCIAL GOODS AND SERVICES AT TRANSFER
FACILITIES PURSUANT TO THIS SECTION, EXCEPT FOR THE SALE OF MASS
TRANSPORTATION TICKETS, TOKENS, PASSES, AND OTHER TRANSACTIONS
DIRECTLY AND NECESSARILY RELATED TO THE OPERATION OF A MASS TRANSPORTATION
SYSTEM.
(3) ANY PERSON OBTAINING THE USE OF ANY
PORTION OF A TRANSFER FACILITY FOR THE PROVISION OF RETAIL OR
COMMERCIAL GOODS OR SERVICES SHALL BE REQUIRED TO COMPENSATE THE
DISTRICT BY PAYMENT OF RENT AT FAIR MARKET VALUE, OR, AT THE DISCRETION
OF THE DISTRICT, BY THE PROVISION OF SERVICES OR CAPITAL IMPROVEMENTS
TO FACILITIES USED IN TRANSIT SERVICES, ALONE OR IN COMBINATION
WITH RENTAL PAYMENTS, SUCH THAT THE TOTAL BENEFIT TO THE DISTRICT
IS NOT LESS THAN THE FAIR MARKET RENTAL VALUE OF THE PROPERTY
USED BY THE PERSON.
(4) ANY USE OF A TRANSFER FACILITY FOR
THE PROVISION OF RETAIL OR COMMERCIAL GOODS OR SERVICES SHALL
NOT BE IMPLEMENTED IF THE USE WOULD REDUCE TRANSIT SERVICES, THE
AVAILABILITY OF ADEQUATE PARKING FOR THE PUBLIC, OR WOULD RESULT
IN A COMPETITIVE DISADVANTAGE TO A PRIVATE BUSINESS REASONABLY
NEAR A TRANSFER FACILITY ENGAGING IN THE SALE OF SIMILAR GOODS
OR SERVICES. THE PROVISION OF RETAIL AND COMMERCIAL GOODS AND
SERVICES AT TRANSFER FACILITIES SHALL BE DESIGNED TO OFFER CONVENIENCE
TO TRANSIT CUSTOMERS AND SHALL NOT BE CONDUCTED IN A MANNER THAT
ENCOURAGES AUTOMOBILE TRAFFIC FROM NONTRANSIT USERS.
(5) ANY DEVELOPMENT OF ANY PORTION OF
A TRANSFER FACILITY MADE AVAILABLE BY THE REGIONAL TRANSPORTATION
DISTRICT FOR THE PROVISION OF RETAIL OR COMMERCIAL GOODS OR SERVICES
SHALL BE SUBJECT TO ALL APPLICABLE LAWS, ORDINANCES, AND REGULATIONS
OF ANY MUNICIPALITY, COUNTY, OR CITY AND COUNTY, IN WHICH THE
FACILITY IS LOCATED, INCLUDING PLANNING AND ZONING REGULATIONS.
(6) SECTION 433101 (3), C.R.S.,
SHALL NOT BAR THE PROVISION OR SALE OF RETAIL OR COMMERCIAL GOODS
OR SERVICES CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION UPON ANY PROPERTY OWNED BY THE COLORADO DEPARTMENT OF
TRANSPORTATION AND LEASED TO THE REGIONAL TRANSPORTATION DISTRICT
FOR THE OPERATION OF TRANSFER FACILITIES.
SECTION 2. 433101
(3), Colorado Revised Statutes, 1993 Repl. Vol., is amended to
read:
433101. Freeways
how declared commercial enterprises prohibited. (3) EXCEPT
AS PROVIDED IN SECTION 329119.8, C.R.S., no commercial
enterprise or activity for serving motorists, other than emergency
services for disabled vehicles, shall be conducted or authorized
on any property designated as or acquired for or in connection
with a freeway or highway by the department of transportation,
or any other governmental agency. At locations deemed appropriate
by the transportation commission, the department of transportation
shall construct local service roads, which open into or connect
with a freeway, in such manner as to facilitate the establishment
and operation of competitive commercial enterprises for serving
users of the freeway on private property abutting such local service
roads.
SECTION 3. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO