Colorado 2026 Regular Session Status: Enacted Bipartisan · 2 D · 1 R cosponsors

HB 1398 — Retail Delivery Fee Revenue Allocation

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 02, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on May 28, 2026.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    6 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill reallocates retail delivery fee revenue between local and state multimodal projects.

This bill changes the allocation of retail delivery fee revenue starting in 2026. It will direct 70% of the funds to local multimodal projects and 30% to state multimodal projects.

What this means for you
  • Local Government: For local governments, this means increased funding for multimodal transportation projects.
  • State Government: For state authorities, the portion of funding for state multimodal projects will decrease.

Summary

Under current law, 28.9% of the revenue the state collects from the retail delivery fee is credited to the multimodal transportation and mitigation options fund (fund). Of the money from the retail delivery fee that is credited to the fund, currently 85% is allocated to the commission for local multimodal projects and 15% is allocated to the commission for state multimodal projects. Beginning on July 1, 2026, the act changes how the fund allocates and expends retail delivery fee revenue between state and local multimodal projects so that 70% of the fund is allocated to the commission for local multimodal projects and 30% of the fund is allocated to the commission for state multimodal projects.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

29 added · 37 removed

Plain-language change summary

The revised bill now specifies how revenue from retail delivery fees will be allocated to a fund for multimodal transportation projects. Starting July 1, 2026, 70% of the funds will be directed to local projects while 30% will go to state projects. These changes aim to ensure a clear distribution of resources that could help improve transportation options in communities across Colorado, making transit more accessible and effective.

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NOTE:
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
C ONCERNINGTHEALLOCATIONOFRETAILDELIVERYFEEREVENUECREDITED TO THE MULTIMODAL TRANSPORTATION AND MITIGATION OPTIONS FUND .
CONCERNINGTHEALLOCATIONOFRETAILDELIVERYFEEREVENUECREDITED TOTHE MULTIMODALTRANSPORTATION AND MITIGATION OPTIONS FUND.
Be it enacted by the General Assembly of the State of Colorado:
Be it enacted by the GeneralAssembly ofthe State ofColorado:
and add (2)(a)(I.5) as follows:
add (2)(a)(I.5) as follows:
(2) (a) (I) Except as otherwise provided in subsection (2)(d) of this section, subject to annual appropriation bythe general assembly, PRIOR TO JULY 1, 2026, money must be expended from the fund as follows:
(2) (a) (I) Except as otherwise provided in subsection (2)(d) ofthis section, subject to annual appropriation by the general assembly, PRIORTO JULY 1, 2026, money must be expended from the fund as follows:
(I.5) EXCEPTASOTHERWISEPROVIDEDINSUBSECTION (2)(d)OFTHIS SECTION ,SUBJECTTOANNUALAPPROPRIATIONBYTHEGENERALASSEMBLY , ________ Capital letters or bold & italic numbers indicate new material added to existing law;
(1.5) EXCEPTASOTHERWISEPROVIDEDINSUBSECTION(2)( d)OFTHIS SECTION,SUBJECTTOANNUALAPPROPRIATIONBYTHEGENERALASSEMBLY, Capital letters or bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
dashes through words or numbers indicate deletionsfrom existing law andsuch material is notpart of the act.
BEGINNING JULY 1, 2026,MONEY MUST BE EXPENDED FROM THE FUND AS FOLLOWS :
BEGINNINGJULY 1, 2026, MONEYMUSTBEEXPENDEDFROMTHEFUNDAS FOLLOWS:
(A) S EVENTY PERCENT TO THE COMMISSION FOR LOCAL MULTIMODAL PROJECTS ;AND (B) T HIRTY PERCENT TO THE COMMISSION FOR STATE MULTIMODAL PROJECTS THAT ARE SELECTED BY THE COMMISSION .
(A) SEVENTY PERCENT TO THE COMMISSION FOR LOCAL MULTIMODALPROJECTS;AND (8) THIRTYPERCENTTOTHECOMMISSIONFORSTATEMULTIMODAL PROJECTSTHATARESELECTEDBYTHECOMMISSION.
(c) With respect to the distributions of money for local multimodal projectsrequiredbysubsection(2)(a)(I)(A) OR (2)(a)(I.5)(A)ofthissection, the commission shall establish a formula for disbursement of the amount allocated for local multimodal projects, based on population and transit ridershipandothercriteriadevelopedinconsultationwiththetransportation advisory committee created in section 43-1-1104, the transit and rail advisory committee of the department, the state transportation advisory committee of the department, transit advocacy organizations, and bicycle and pedestrian advocacy organizations.
(c) With respect to the distributions ofmoney for local multimodal projectsrequiredbysubsection(2)(a)(l)(A)OR(2)(a)(l.5)(A) ofthis section, the commission shall establish a formula for disbursement ofthe amount allocated for local multimodal projects, based on population and transit ridership andothercriteriadevelopedinconsultationwiththetransportation advisory committee created in section 43-1-1104, the transit and rail advisory committee of the department, the state transportation advisory committee ofthe department, transit advocacy organizations, and bicycle and pedestrian advocacy organizations.
Recipients shall provide a match equal to the amount of the award;
Recipients shall provide a match equal to the amount ofthe award;
except that the commission maycreate a formula for reducing or exempting the match requirement for local governmentsoragenciesduetotheirsizeoranyotherspecialcircumstances and may also, if recommended by department staff, reduce or exempt any individual recipient from the match requirement for a specific project.
except that the commission may create a formula for reducing or exempting the match requirement for local governmentsoragenciesduetotheirsizeoranyotherspecialcircumstances and may also, ifrecommended by department staff, reduce or exempt any individual recipient from the match requirement for a specific project.
The general assembly finds, determines, and declares that this act is necessary for the immediate PAGE 2-HOUSE BILL 26-1398 preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.
The general assembly finds, determines, and declares that this act is necessary for the immediate PAGE 2-HOUSE BILL 26-1398 preservation ofthe public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.
____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
Jul~ James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED O b Th~J~ vY\(,11a)i~ Z O U ctt;12..:oor~ (Date and ime) Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 3-HOUSE BILL 26-1398
GOVE PAGE 3-HOUSE BILL 26-1398
View plain text versions (7)

Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. Senate Third Reading Passed - No Amendments

  6. Senate Second Reading Special Order - Passed - No Amendments

  7. Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole

  8. Introduced In Senate - Assigned to Appropriations

  9. House Third Reading Passed - No Amendments

  10. House Third Reading Laid Over Daily - No Amendments

  11. House Second Reading Special Order - Passed - No Amendments

  12. House Second Reading Special Order - Laid Over Daily - No Amendments

  13. House Committee on Appropriations Refer Unamended to House Committee of the Whole

  14. Introduced In House - Assigned to Appropriations

Sponsors

  • K. Wallace · Cosponsor
  • C. Kipp · Cosponsor
  • N. Hinrichsen · Cosponsor
  • L. Cutter · Cosponsor
  • J. Bridges · Primary
  • B. Kirkmeyer · Primary
  • J. Amabile · Primary
  • Kyle Brown · Primary
  • Emily Sirota · Primary
  • Rick Taggart · Primary

Sponsorship breakdown

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6 sponsors · 4 co-sponsors · 91 not signed on · 3 voted No

Sponsors (6)

Co-sponsors (4)

  • K. Wallace
  • C. Kipp
  • N. Hinrichsen
  • L. Cutter

Not signed on (91)

91 members have not signed on to this bill.

Show all 91 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 33 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 8200
Unaffiliated 4100
Total 33300
% of votes cast 92%8%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Nay
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Nay
Scott Bright Republican Yea

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 4000
Republican 3000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Chris Kolker Democrat Yea
Jeff Bridges Democrat Yea
Judy Amabile Democrat Yea
Julie Gonzales Democrat Yea
Barbara Kirkmeyer Republican Yea
Byron Pelton Republican Yea
Larry Liston Republican Yea

Official roll call →

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Republican 2100
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Emily Sirota Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Lindsay Gilchrist Democrat Yea
Yara Zokaie Democrat Yea
Matt Soper Republican Nay
Rick Taggart Republican Yea
Scott Bottoms Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1398 do?
Under current law, 28.9% of the revenue the state collects from the retail delivery fee is credited to the multimodal transportation and mitigation options fund (fund). Of the money from the retail delivery fee that is credited to the fund, currently 85% is allocated to the commission for local multimodal projects and 15% is allocated to the commission for state multimodal projects. Beginning on July 1, 2026, the act changes how the fund allocates and expends retail delivery fee revenue between state and local multimodal projects so that 70% of the fund is allocated to the commission for local multimodal projects and 30% of the fund is allocated to the commission for state multimodal projects.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 1398?
HB 1398 is sponsored by K. Wallace, C. Kipp, N. Hinrichsen, L. Cutter, J. Bridges, B. Kirkmeyer, J. Amabile, Kyle Brown (Democrat), Emily Sirota (Democrat), and Rick Taggart (Republican).
What is the current status of HB 1398?
This bill has been enacted into law. Introduced April 02, 2026. Enacted.
Where can I track HB 1398?
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