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Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
HB1012_S_TRA.001 CORRECTED SENATE COMMITTEE OF REFERENCE REPORT _______________________________ March 11, 2024 Chair of Committee Date Committee on Transportation & Energy.
24-0526.01 Jason Gelender x4330 HOUSE BILL 24-1012 HOUSE SPONSORSHIP Mauro and Boesenecker, Kipp, Lindstedt, Mabrey SENATE SPONSORSHIP Zenzinger, House Committees Senate Committees Transportation, Housing & Local Government A BILL FOR AN ACT C ONCERNING THE OPERATIONAL EFFICIENCY OF THE FRONT RANGE PASSENGER RAIL DISTRICT .
After consideration on the merits, the Committee recommends the following:
Bill Summary (Note:
HB24-1012 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar:
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.) Toimprovetheoperationalefficiencyofthefrontrangepassenger rail district (district):
Amend reengrossed bill, page 2, line 3, strike "and (2)(f)" and substitute "(2)(f), (4)(b), (4)(c), and (4)(d)".
! Section1ofthebillreplacestherequirementthattheboard of the district (board) hold annual joint meetings with the transportation commission, the board of directors of the i 2 I-70 coalition or any successor entity, and the board of a 2 S R 9 O n r Shading denotes HOUSE amendment.
Page 3, after line 24 insert:
Double underlining denotes SENATE amendment.
"(4) The area that comprises the district extends from Wyoming to New Mexico and includes:
H 2 r Capital letters or bold & italic numbers indicate new material to be added to existingdlaw.
(b) AllareaswithinAdams,Arapahoe,Boulder,Douglas,ElPaso, Huerfano, Jefferson, Larimer, Las Animas, AND Pueblo and Weld counties that are located within the territory of a metropolitan planning organizationAND ALL AREAS WITHIN W ELD COUNTY THAT ARE LOCATED WITHIN THE CITY OF LONGMONT AND THE TOWN OF E RIE;
Dashes through the words or numbers indicate deletions from existing law.
(c) All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a metropolitan planning organization and are located within a county precinct, as defined in section 1-1-104 (30), that isAT ARE located wholly or partly within five miles of the public right-of-way of interstate highway 25;
e F m A directors of the regional transportation district with a requirementthattheboardprovideanannualupdate,which may be provided by district staff and may be provided electronically, to each of those entities;
and (d) All areas within Larimer and Weld countiesNTY that are not located within the territory of a metropolitan planning organization and are located within a county precinct, as defined in section 1-1-104 (30), that isHAT ARE north of the city of Fort Collins and is located whollyor partlywithin five miles of the public right-of-wayof interstate highway 25.".
! Section 2 eliminates the requirement that board directors appointed by transportation planning organizations be confirmed bythe senate;
Page 3, line 26, strike "(1)(b)(I) introductory portion,".
clarifies when the terms of board members begin and end;
Page 4, strike lines 15 and 16 and substiANUARYJ 1 FOLLOWING THEIR APPOINTMENTS AND RUN THROUGH THE ".
and prohibits an advisory nonvoting member of the board from participating in an executive session if the board determines that a particular mattertobediscussedintheexecutivesessionconcernsthe appointing authority for the advisory nonvoting member and should not be discussed when the advisory nonvoting member is present;
Page 4, strike lines 22 through 26.
! Section3establishesthattheboardexercisesitspowersby a majority vote of a quorum of its voting directors rather thanbyamajorityvoteofaquorumofitstotalmembership and, in conjunction with section 4, clarifies that the board has discretion to delegate its power to enter into contracts and agreements other than intergovernmental agreements andcontractsforpublic-privatepartnershipstotheofficers and employees of the district;
Page 5, line 10, strike "2022.
and ! Section5changesthenameofastate-requireddistrictplan fordevelopingrailservicetoavoidpotentialconfusionthat could be caused bysimilaritybetween the current name of the plan and the name of a federally required plan.
and the initial directors Page 5, strike line 11 and substitute "2022, and the initial directors appointedmayactasdirectorspendingtheirconfirmationbythesenate.".
Be it enacted by the General Assembly of the State of Colorado:
Page 5, strike lines 19 and 20 and substitute "ON JANUARY 1 FOLLOWING THEIR APPOINTMENTS AND ".
SECTION 1.
Page 5, line 23, strike "OVERNOR " and substitute "APPOINTING AUTHORITY ".
In Colorado Revised Statutes, 32-22-103, amend (2)(d), (2)(e), and (2)(f) as follows:
Page 7, line 11, after "(1)(a)" insert "and (3)".
32-22-103.
Page 8, after line 2 insert:
Front range passenger rail district - creation - purpose - boundaries.
"(3) (a) Ballot issues proposed to the registered electors as required by subsections (1) and (2) of this section shall be submitted in accordance with the requirements of section 20 of article X of thestateconstitution.Theactionshallnottakeeffectunlessamajority of the registered electors voting on the ballot issue vote to approve the ballot issue.
(2) The purpose of the district is to research, develop,construct,operate,andmaintainaninterconnectedpassengerrail system within the front range that is competitive in terms of travel time for comparable trips with other modes of surface transportation.
(b) N O LATER THAN SIXTY DAYS BEFORE A COORDINATED OR GENERAL ELECTION ,THE DISTRICT MUST CERTIFY TO THE SECRETARY OF STATE THE BALLOT TITLES , CONTENT, AND ORDER OF ALL BALLOT MEASURES REFERRED TO THE REGISTERED ELECTORS OF THE DISTRICT BY RESOLUTIONOFTHEBOARD .THECONTENTMUSTBECERTIFIEDIN E NGLISH AND IN ANY LANGUAGE FOR WHICH ANY COUNTY WITHIN THE DISTRICT MUST PROVIDE A MINORITY LANGUAGE SAMPLE BALLOT ,AS DEFINED IN SECTION1-5-903(2).FTHEDISTRICTTIMELYCERTIFIESBALLOTCONTENT TO THE SECRETARY OF STATE,THE SECRETARY OF STATE MUST CERTIFY THEDISTRICT'SBALLOTCONTENTTOTHECOUNTYCLERKANDRECORDERS OF ALL COUNTIES WHOLLY OR PARTIALLY INCLUDED IN THE DISTRICT NO LATER THAN THE FIFTY -SEVENTH DAY BEFORE THE ELECTION , IN ACCORDANCE WITH SECTION 1-5-203 (1)(a).
In addition to a main North-South passenger rail line, the district shall, as specified in this article 22:
(c) EXCEPT FOR THE CERTIFICATION OF THE BALLOT ORDER AND CONTENT BY THE SECRETARY OF STATE REQUIRED BY SUBSECTION(3)(b) OFTHISSECTION ,theelectionshaMUST beconductedinsubstantiallythe same manner as county elections, and the county clerk and recorder of -2- each county in which the election is conducted shall assist the district in conducting the election.
-2- 1012 (d) Coordinatewiththedepartmentoftransportationtoensurethat any district front range passenger rail system is well-integrated into the state's multimodal transportation system and does not impair the efficiency or safety of or otherwise adversely affect existing transportation infrastructure or operations and hold at least one joint meetingannuallyof theboardandthetransportationcommissioncreated in section 43-1-106 (1WHICH MEETING SHALL INCLUDE AN ANNUAL UPDATE ,WHICHMAYBEPROVIDEDBYDISTRICTSTAFF ,ANDMAYBEHELD INAMANNERTHATALLOWSMEMBERSOFTHEBOARDANDCOMMISSIONTO ATTEND REMOTELY BY ELECTRONIC MEANS .
The district shall pay the costs incurred byeach countyinconductingsuchanTHE electioONBEHALFOFTHEDISTRICTAS PROVIDEDFORINSECTION 1-7-116(2)(b).Nopublicmoneyofthedistrict may be used to urge or oppose passage of a ballot issue submitted for voter approval as required under this section.".
(e) Hold at least one joint meeting annually of the board and the board of directors of the I-70 coalition, or a successor entity of the coalition,HICH MEETING SHALL INCLUDE AN ANNUAL UPDATE ,WHICH MAY BE PROVIDED BY DISTRICT STAF,AND MAY BE HELD IN A MANNER THAT ALLOWS MEMBERS OF THE BOARD AND COMMISSION TO ATTEND REMOTELY BY ELECTRONIC MEANS , to ensure that anydistrict front range passenger rail system interconnects with any passenger rail system that serves the interstate highway 70 mountain corridor;
Strike "terms;" and substitute "termsRUN THROUGH THE FOURTH D ECEMBER 31FOLLOWINGTHEIRAPPOINTMENTS ;"on:Page4,line8;and Page 5, line 12.
and (f) Hold at least one joint meeting annually of the board and the board of directors of the regional transportation district, to discuss and resolveWHICHMEETINGSHALLINCLUDEANANNUALUPDATE ,WHICHMAY BE PROVIDED BY DISTRICT STA,AND MAY BE HELD IN A MANNER THAT ALLOWSMEMBERSOFTHEBOARDANDCOMMISSIONTOATTENDREMOTELY BY ELECTRONIC MEANS ,REGARDING operational and interconnectivity issues.
Strike "ARIL30." and substituteECEMBER 31." on:
SECTION 2.
Page 4, line 17;
In Colorado Revised Statutes, 32-22-104, amend (1)(a)(III),(1)(b)(I)introductoryportion,(1)(b)(II),and(2)(c)asfollows:
and Page 5, line 21.
-3- 1012 32-22-104.
** *** ** *** ** -3-
Board of directors - appointment - meetings - compensation - conflicts of interest.
(1) The district is governed by a boardofdirectors,allofwhomshallrepresenttheresidentsofthedistrict, which consists of:
(a)(III) Thegovernorshallmaketheinitialappointmentsnolater thanApril1,2022,andtheinitialdirectorsappointedmayactasdirectors pending their confirmation by the senate.
Directors appointed by the governor pursuant to this subsection (1)(a) are appointed for four-year terms;
except that the initial terms of three of the directors other than the director who is a resident of a county, city and county, or municipality through which light or commuter rail service was planned as part of the voter-approved Fastracks transit expansion program of the regional transportation district but has not been constructed are two years.
T TERMS OF THE DIRECTORS APPOINTED PURSUANT TO THIS SUBSECTION (1)(a)THER THAN THE DIRECTORS INITIALLY APPOINTED COMMENCE ON THELATEROF M AY1 OFTHEYEARINWHICHANAPPOINTMENTISMADEOR THE EFFECTIVE DATE OF THE APPOINTMENT AND RUN THROUGH THE FOURTHSUCCEEDING APRIL30.Therequirementthatonedirectorbesuch aresidentexpiresaftertwofour-yeartermshavebeenservedbyadirector whomeetstherequirement.E ACHBOARDMEMBERAPPOINTEDPURSUANT TO THIS SUBSECTION (1)(aHOLDS OFFICE UNTIL THE MEMBER S TERM EXPIRES OR UNTIL THE GOVERNOR APPOINTS A SUCCESS.R (b) (I) Subject to the requirements of subsection (1)(b)(II) of this section, ten directors appointed subject to senate confirmation metropolitan planning organizations and rural transportation planning organizationsthatconducttransportationplanningforstatetransportation planning regions that include territory of the district as follows:
-4- 1012 (II) Adirectorappointedbyametropolitanplanningorganization or a council of governments pursuant to subsection (1)(b)(I) of this section must be or must have been an appointed representative to the board of directors of the appointing authorityand must represent or must haverepresentedamember local governmentof theappointingauthority thatiswhollyorpartlyincludedwithinthedistrict.Whenappointingsuch a director, only members of the board of directors of the appointing authority who represent a member local government of the appointing authoritythat is whollyor partlyincluded within the district mayvote on theappointment.Theappointingauthoritiesforsuchdirectorsshallmake initial appointments no later than March 1, 2022.
and the initial directors appointed may act as directors pending their confirmation by the senate.
Directors are appointed for four-year terms;
except that the initial terms of two of the directors appointed pursuant to subsection (1)(b)(I)(A) of thissection,oneofthedirectorsappointedbyeachmetropolitanplanning organization pursuant to subsection (1)(b)(I)(B) of this section, and the director appointed pursuant to subsection (1)(b)(I)(D) of this section are two years.
TE TERMS OF THE DIRECTORS APPOINTED PURSUANT TO THIS SUBSECTION (1)(b)OTHER THAN THE DIRECTORS INITIALLY APPOINTED COMMENCE ON THE LATER OF M AY 1 OF THE YEAR IN WHICH AN APPOINTMENTISMADEORTHEEFFECTIVEDATEOFTHEAPPOINTMENTAND RUNTHROUGHTHEFOURTHSUCCEEDING APRIL30.EACHBOARDMEMBER APPOINTED PURSUANT TO THIS SUBSECTION(1)(b)HOLDS OFFICE UNTIL THE MEMBER S TERM EXPIRES OR UNTIL THE GOVERNOR APPOINTS A SUCCESSOR .
Bya two-thirds vote of its members, the senate mayremove any member of the board appointed pursuant to subsection (1)(a) of this section or this subsection (1)(b) for cause.
-5- 1012 (2) (c) A majority of the voting directors of the board constitutes aquorum,and,exceptasotherwisespecificallyprovidedinthisarticle22, a majority of a quorum may make binding decisions for the board.
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Advisorynonvotingmembersoftheboardmayparticipate,inanonvoting capacity, in all board meetings, including executiveS;EXCEPT THAT ,AN ADVISORY NONVOTING MEMBER OF THE BOARD SHALL NOT PARTICIPATE IN AN EXECUTIVE SESSION IF THE BOARD DETERMINES THAT A PARTICULAR MATTER TO BE DISCUSSED IN THE EXECUTIVE SESS,AS IDENTIFIEDBYTHEBOARDPURSUANTTOSECTION 24-6-402(4)CONCERNS THEAPPOINTINGAUTHORITYFORTHEADVISORYNONVOTINGMEMBERAND SHOULDNOT BE DISCUSSEDWHEN THE ADVISORY NONVOTING MEMBERIS PRESENT.
By a two-thirds vote of the voting directors of all voting directors of the board, the board may add additional advisory nonvoting memberstotheboardforeitherfixed terms of four years or for serviceat the pleasure of a majority of the voting directors of the board.
SECTION 3.
In Colorado Revised Statutes, 32-22-105, amend (1)(a) introductory portion and (1)(a)(VIII) as follows:
32-22-105.
Board of directors - powers and duties.
(1) (a) Except as otherwise specifically provided in this article 22, the board, acting by a majority vote of a quorum of its total membership, VOTINGDIRECTORS shallexerciseandperformallpowers,privileges,and duties vested in or imposed upon the district pursuant to this article 22.
The board may delegate any of its powers to its officers and employees;
except that, to ensure that the public interest is represented in policy decisions, the board shall not delegate any of the following:
(VIII) The power to enter into contracts on behalf of the district, including but not limited togovernmental agreements and contracts -6- 1012 for public-private partnerships.
SECTION 4.
In Colorado Revised Statutes, 32-22-106, add (1)(c)(I.5) as follows:
32-22-106.
District - general powers and duties - funds created.(1) Inadditiontoanyotherpowersgrantedtothedistrictbythis article 22, the district has the following powers:
(c) (I.5) EEPT AS OTHERWISE PROVIDED IN SECTION 32-22-105 (1)(a)(VIII)THE BOARD MAY , TO THE EXTENT THAT IT DEEMS APPROPRIATE,DELEGATE TO ITS OFFICERSANDEMPLOYEESITSPOWERTO ENTER INTO CONTRACTS AND AGREEMENTS ON BEHALF OF THE DISTRICT .
SECTION 5.
In Colorado Revised Statutes, 32-22-109, amend (1)(a) as follows:
32-22-109.
Taxes, assessments, and multiple-fiscal year borrowing - voter approval required.
(1) No action by the district to establish or increase any tax and no action of the governing body of any station area improvement district to establish or increase any tax or any specialassessmentonrealpropertyauthorizedbythisarticle22shalltake effect unless it isfirst submitted, as applicable, to a vote of the registered electorsofthedistrictorofthestationareaimprovementdistrictinwhich the assessment or tax is proposed to be collected.
Before submitting a question to establish any district tax to the registered electors of the district, the district shall:
(a) Publish a proposed service development plan, an operating planFOR DEVELOPING THE PASSENGER RAIL SERVICE and a detailed financing plan.
The service developmentplanFOR DEVELOPING THE PASSENGER RAIL SERVICE must identify the route and phasing of the passenger rail system to be funded by the tax.
The financing plan must -7- 1012 identify committed and potential financial partners, including but not limited to the regional transportation district, the federal government, Amtrak, and private partners;
and SECTION 6.
Act subject to petition - effective date.
This act takes effect at 12:01 a.m.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly;except that,if a referendumpetition is filed pursuant to section 1 (3) of articleV 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 bythe people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-8- 1012