SecondSB141_H_TLG.001 RegularNOT SessionAMENDED Seventy-thirdHOUSE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE ENGROSSEDREPORT This_______________________________ VersionMarch Includes23, All2022 AmendmentsChair Adoptedof onCommittee SecondDate ReadingCommittee inon theTransportation House& ofLocal IntroductionGovernment LLS. NO.

22-0787.01After Jessicaconsideration Herreraon x4218the SENATEmerits, BILLthe 22-141Committee SENATErecommends SPONSORSHIPthe Morenofollowing: and Kirkmeyer, Woodward, Zenzinger HOUSE SPONSORSHIP Lynch and Valdez D., Pico, Woodrow Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING MAKING NONSUBSTANTIVE CHANGES TO TITLE 43.

BillSB22-141 Summarybe (Note:referred to the Committee of the Whole with favorable recommendation.

This** summary*** applies** to*** this** bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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://leg.colorado.gov/.) Statutory Revision Committee.

The bill makes the following nonsubstantive changes to title 43:

! Corrects the citation made in section 43-1-128 (5) from "the national environmental policy act" to "the federal 'National Environmental Policy Act of 1969', 42 U.S.C.

sec.

4321 et seq.";

d n ! Addstheword"vehicle"insection43-4-605(1)(i)between m 0 the words "motor" and "registration";

and T n , A g 1 Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

E d h Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

d M ! Corrects a reference in section 43-4-1301 (2)(c) stating "subsections (7) and (8) of this section" to say "section 43-4-1303".

Be it enacted by the General Assembly of the State of Colorado:

SECTION1.

InColoradoRevisedStatutes,43-1-128,amend(5) as follows:

43-1-128.

Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions.

(5) With the exception of the interstate highway 270 corridor improvementproject,therequirementsofsubsections(4)(a)and(4)(c)of this section do not apply to any projects that have, on or before July 1, 2022, a signed record of decision, finding of no significant impact, or categorical exclusions as provided by the national environmental policy act FEDERAL "NATIONAL ENVIRONMENTAL P OLICY ACT OF 1969", 42 U.S.C.SEC .

432ET SEQ.

SECTION 2.

In Colorado Revised Statutes, 43-4-605, amend (1)(i) as follows:

43-4-605.

Powers of the authority - inclusion or exclusion of property-determinationofregionaltransportationsystemalignment - fund created - repeal.

(1) In addition to any other powers granted to anauthoritypursuanttothispart6,anauthorityhasthefollowingpowers:

(i) Toimposeanannualmotorvehicleregistrationfeeofnotmore than ten dollars for each motor vehicle registered with the authorized agent, as defined in section 42-1-102, of the county by persons residing in all or anydesignated portion of the members of the combination or of the members of the transportation planning organization exercising the powersof an authorityas authorized bysection 43-4-622;

exceptthatthe -2- 141 authority shall not impose a mVEHICLE registration fee with respect tomotorvehiclesregisteredtopersonsresidingoutsidetheboundariesof the authority and within the boundaries of a municipality as the boundariesofthemunicipalityexistonthedatetheauthorityiscreatedor the resolution authorizing the transportation planning organization to exercise the powers of an authorityis adopted without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporatedboundaries of thecountyexistonthedatetheauthorityis created without the consent of the governing body of the county.

The registration fee is in addition toanyfeeortaximposedbythestateorany other governmental unit.

If a motor vehicle is registered in a county that is a member of more than one authority, the total of all fees imposed pursuant to this subsection (1)(i) for the motor vehicle shall not exceed ten dollars.

The authorized agent of the county in which the registration fee is imposed shall collect the fee and remit the fee to the authority.

The authority shall apply the registration fees solely to the financing, construction,operation,ormaintenanceofregionaltransportationsystems that areconsistentwiththeexpenditures specified in section 18 of article X of the state constitution.

SECTION 3.

In Colorado Revised Statutes, 43-4-1301, amend (2)(c) introductory portion as follows:

43-4-1301.

Legislative declaration.

(2) The general assembly further finds and declares that:

(c) Consistent with the determination of the Colorado supreme courtinNichollv.E-470PublicHighwayAuthority,896P.2d859(Colo.

1995),thatthepowertoimposetaxesisinconsistentwithenterprisestatus -3- 141 under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenue collected by the enterprise is generated byfees, not taxes, because the air pollution mitigation per ride fee and the air pollution mitigation retail delivery fee imposed by the enterpriseasauthorizedbysubsections(7)and(8)ofthissectionCTION 43-4-1303 are:

SECTION 4.