Digest of Bills - 1999

TRANSPORTATION

S.B. 99-40
Transportation commission - development of statewide transportation policy - intrastate commercial air service policy.
Requires the transportation commission to formulate and recommend a statewide transportation policy to the governor and the general assembly within one year. Directs the commission to consider and prioritize the development and improvement of all modes of transportation and to coordinate recommendations relating to commercial air service with recommendations for improvements of the state transportation system as a whole. Make legislative findings.

APPROVED by Governor June 4, 1999
EFFECTIVE June 4, 1999

S.B. 99-88 High occupancy toll lanes. Requires the department of transportation, on or before July 1, 2001, to issue a request for proposals to private entities for the purpose of contracting with a private entity for the conversion of an existing high occupancy vehicle (HOV) lane to a high occupancy toll (HOT) lane and for the operation of the HOT lane. Allows the department to convert or operate the HOT lane, or both, in the event that no proposal by a private entity for the conversion or operation, or both, is acceptable.

        Specifies that a HOT lane is a lane for use by vehicles carrying less than the specified number of persons for an HOV lane that pay a toll or fee.

        Specifies the provisions an agreement for the construction of a HOT lane must include. Requires the department to structure a variable toll or fee to ensure a level of service C and unrestricted access to the HOT lane by eligible vehicles. Prohibits the department from entering into a contract for a HOT lane conversion if the conversion will result in the loss or refund of federal funds for state highways.

        Requires the department to develop and adopt specifications and standards for an automatic vehicle identification system for use on HOV lanes, HOT lanes, and public streets or highways where tolls or charges are imposed.

        Specifies that certain EPA certified light-duty vehicles or light-duty trucks are inherently low-emission vehicles, regardless of whether the vehicles or trucks are part of a motor vehicle fleet.

        Authorizes the department, as part of the department's powers under the public-private initiatives program, to enter into agreements with private entities for the design, financing, construction, operation, or maintenance of HOT lanes.

APPROVED by Governor June 3, 1999
EFFECTIVE August 4, 1999
NOTE:  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 that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 99-1031 Department of transportation - highway project bid awards. Creates an exception to the requirement that the department of transportation reject all bids for a highway construction project if there are less than 3 bidders on the project and the low responsible bid exceeds the estimate of the department on the project by more than 10% by allowing the executive director of the department to make an award to the low responsible bidder if:

APPROVED by Governor May 17, 1999
EFFECTIVE August 4, 1999
NOTE:  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 that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 99-1036 Hazardous materials in Eisenhower tunnel. Corrects a technical error by authorizing the transportation commission to regulate the hours during which hazardous materials may be transported through the Eisenhower tunnel.

APPROVED by Governor March 15, 1999
EFFECTIVE August 4, 1999
NOTE: 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 that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 99-1324 Department of transportation - design-build contracts. Authorizes the department of transportation to select a design-build firm and award a design-build contract for transportation projects. Defines "design-build contract". Authorizes the department to include a warranty provision in a design-build contract that requires the design-build firm to perform maintenance services on the completed transportation project.

        Authorizes the department of transportation to use a design-build contract if the design work for a transportation project must be performed before a potential bidder can develop a price or cost proposal for such project and if the chief engineer of the engineering, design, and construction division determines that using a design-build contract is appropriate. Describes the factors the chief engineer shall consider in making such a determination. Authorizes the department to use a design-build contract regardless of the estimated minimum or maximum cost of a transportation project.

        Prescribes public notice procedures when the department of transportation uses a design-build contract. Requires the department to describe in the specifications for the transportation project the particular design-build contract and selection procedures to be used in awarding a design-build contract. Authorizes the department to include in its procedures a scope of work statement and adjusted score design-build procedures. Requires that adjusted score design-build procedures consist of 2 phases. Requires the department to issue a request for qualifications in the first phase and prescribes the requirements for such request for qualifications. Requires the department to develop a short list of design-build firms from the proposals submitted. Requires the department to issue a request for proposals to the design-build firms on the short list and prescribes the requirements for the request for proposals.

        Requires the department of transportation to give a preference to Colorado residents in awarding a design-build contract. Specifies that such preference may be waived if it may cause the denial of federal moneys that would otherwise be available for the transportation project or if such preference would otherwise be inconsistent with the requirements of federal law.

        Allows the department to cancel a request for qualifications, request for proposals, or other solicitations for proposals or to reject any or all proposals in whole or in part when the department determines that such cancellation or rejection is in the best interest of the department. Authorizes but does not require the department to award a stipulated fee to design-build firms that are not awarded a design-build contract.

        Requires the department of transportation to obtain approval from the transportation commission prior to using an adjusted score design-build contract procedure for any transportation project. Authorizes the department to adopt rules.

APPROVED by Governor April 9, 1999
EFFECTIVE April 9, 1999

H.B. 99-1325 Transportation revenue anticipation notes - powers and duties of executive director of department of transportation - issuance contingent upon statewide voter approval of ballot question. Authorizes the executive director of the department of transportation to issue revenue anticipation notes ("RANs") in order to finance qualified federal aid transportation projects. Makes the authority of the executive director contingent upon voter approval of a ballot question authorizing the state to issue the notes to be submitted at the statewide election held in November, 1999. Provides that the notes and the costs related thereto are payable from: State matching funds; federal funds paid to the department or political subdivisions of the state that can be used to finance such transportation projects; note proceeds and investment earnings on such note proceeds; and certain other nonstate revenues. If federal transportation funds are not sufficient to pay the federal share of principal of and interest on notes and associated costs when due, authorizes the temporary payment of such federal share with state matching funds that will be reimbursed from the federal transportation funds when received. Requires that state moneys constitutionally earmarked for highway purposes be used only to pay for the portion of notes issued for qualified federal aid transportation projects that are highway projects. Specifies that the moneys to be used to pay such notes and the related costs are subject to annual allocation by the transportation commission.

        Sets forth a legislative declaration stating that:

        Imposes a limitation on the aggregate amount of annual installments of principal and interest on revenue anticipation notes that is due and payable during any given fiscal year based upon a percentage of federal transportation funds paid to the department in the previous fiscal year. Specifies certain procedures and requirements for the issuance of such notes, and authorizes the executive director of the department of transportation to make certain determinations regarding such notes. Requires that transportation revenue anticipation notes shall include certain terms, including the requirement that the payment obligations are subject to annual allocation by the transportation commission and adequate continuing federal appropriations of federal transportation funds. Authorizes the executive director to refund such notes, to engage services required or advantageous in connection with such notes, and to enter into interest rate exchange agreements for such notes.

        States that transportation revenue anticipation notes shall be paid from certain moneys and that the owners or holders of such notes may not look to any other state revenues for the payment of the notes. Authorizes the pledging of note proceeds for the payment of notes. Specifies that note proceeds not pledged for the payment of notes are credited to the state highway supplementary fund and shall be used for certain purposes. States that note proceeds and earnings on such proceeds are not included in state fiscal year spending. Provides that any note proceeds pledged for the payment of notes and the related costs and moneys allocated for the payment of notes and the related costs are pledged for such purpose, that such pledge is valid and binding, and that such moneys shall not be used for any other purpose.

        Grants certain powers to political subdivisions of the state for the purpose of aiding and cooperating in the financing, construction, operation, and maintenance of qualified federal aid transportation projects. Requires the executive director to make annual reports to the general assembly regarding transportation revenue anticipation notes and specifies information to be included in such reports. Requires any note proceeds not pledged to the payment of such notes to be used for qualified federal aid transportation projects included in the department of transportation's strategic transportation project investment program.

APPROVED by Governor June 2, 1999
EFFECTIVE June 2, 1999

H.B. 99-1327 Public transportation transfer facilities - codevelopment - retail and commercial goods and services. Requires the regional transportation district or a public entity other than the department of transportation to obtain the approval of the executive director of the department before entering into any agreement with a person or public entity for the provision of retail and commercial goods and services at a transfer facility that is located on property owned by the department.

        Authorizes the executive director of the department of transportation to negotiate and enter into agreements to provide retail and commercial goods and services at transfer facilities that are owned, leased, or operated by the department.

        Requires any person obtaining the use of a transfer facility for the provision of goods or services at transfer facilities owned, leased, or operated by the department of transportation to enter into an agreement with the department.

        Prohibits the use of such transfer facilities for the provision of goods or services if the use reduces transit services or the availability of public parking or would result in a competitive disadvantage to certain private businesses.

        Subjects any development of a portion of a transfer facility owned, leased, or operated by the department of transportation for retail or commercial use to all applicable laws, ordinances, and regulations of any municipality, county, or city and county where the facility is located.

        Specifies that, if the Colorado supreme court rules that possessory interests are subject to property taxation, any possessory interests in a transfer facility that is used for commercial or retail purposes shall be subject to property taxation.

APPROVED by Governor April 9, 1999
EFFECTIVE April 9, 1999

H.B. 99-1382 Department of transportation - federal transit funds - intergovernmental agreement with Denver regional transportation district - Towner railroad line disposition - appropriation. Authorizes the Colorado department of transportation (department) to accept federal transportation moneys if an intergovernmental agreement with the Denver regional transportation district concerning the southeast corridor intermodal transportation project is not signed by October 15, 1999.

        Extends from June 30, 2000, to December 31, 2001, the date by which the department must sell or lease the Towner railroad line. Changes the repeal date for statutory provisions concerning the Towner railroad line from June 30, 2001, to the date when the line is sold or abandoned. Authorizes the department to sell or lease the Towner railroad line for any purpose that is not inconsistent or in conflict with the continued provision of rail service on the line. Requires the executive director of the department to retain a right of first refusal in the event that the railroad operator attempts to sell the line.

        Appropriates $250,000 out of the state rail bank fund to the department of transportation for implementation of the act.

APPROVED by Governor May 5, 1999
EFFECTIVE May 5, 1999

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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