Second Regular Session

Sixty-sixth General Assembly

STATE OF COLORADO
INTRODUCED

LLS NO. 08-1010.01 Jery Payne SENATE BILL 08-209

SENATE SPONSORSHIP
Romer,

HOUSE SPONSORSHIP
McFadyen,

Senate Committees House Committees

Transportation

A BILL FOR AN ACT

101 CONCERNING IMPLEMENTATION OF MEASURES TO MITIGATE
102 CONGESTION IN THE INTERSTATE 70 CORRIDOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently
adopted.)

Creates the Interstate 70 congestion management pilot program for

use during peak usage times. Specifies that, to the extent practicable, the
pilot program shall contain the following elements:
! Designating Interstate 70 as a HOT lane highway;
! Designating reversible lanes; and
! Charging longer vehicles higher tolls.
Authorizes the transportation commission to promulgate rules as

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
 necessary to implement the pilot program.
Creates a special-purpose account within the highway users tax
fund that will fund the implementation of the act and give grants to
busing service providers from the collected tolls. Makes a legislative
declaration.

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

2 SECTION 1. 43-1-105 (1), Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
4 43-1-105. Powers and duties of the executive director. (1) The
5 executive director shall:
6 (f) IMPLEMENT THE INTERSTATE 70 CONGESTION MANAGEMENT
7 PILOT PROGRAM ESTABLISHED PURSUANT TO SECTION 43-1-106 (17),
8 INCLUDING, WITHOUT LIMITATION, COORDINATING WITH THE UNITED
9 STATES DEPARTMENT OF TRANSPORTATION AND ENTERING INTO

10 INTERGOVERNMENTAL AGREEMENTS.

11 SECTION 2. 43-1-106, Colorado Revised Statutes, is amended

12 BY THE ADDITION OF A NEW SUBSECTION to read:
13 43-1-106. Transportation commission - powers and duties -
14 congestion management pilot program - rules. (17) (a) THE
15 COMMISSION SHALL CREATE AN INTERSTATE 70 CONGESTION

16 MANAGEMENT PILOT PROGRAM TO MANAGE CONGESTION ALONG THE

17 INTERSTATE 70 CORRIDOR BETWEEN THE EISENHOWER-JOHNSON

18 MEMORIAL TUNNEL AND FLOYD HILL DURING NORMAL TIMES OF PEAK

19 USAGE. THE COMMISSION MAY PROMULGATE RULES AS NECESSARY TO

20 IMPLEMENT THIS SUBSECTION (17).

21 (b) IN CREATING THE INTERSTATE 70 CONGESTION MANAGEMENT

22 PILOT PROGRAM, THE COMMISSION SHALL CONSIDER AND IMPLEMENT THE

23 FOLLOWING CONGESTION MANAGEMENT STRATEGIES TO THE EXTENT

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 1 PRACTICABLE AND AUTHORIZED UNDER FEDERAL LAW:

2 (I) DESIGNATING ONE OR ALL OF THE LANES IN HIGH-CONGESTION

3 PORTIONS OF INTERSTATE 70 DURING PEAK TRAVEL TIMES AS A

4 HIGH-OCCUPANCY TOLL LANE OR HIGHWAY WITH A TOLL IMPOSED ON THE

5 OPERATOR OF A MOTOR VEHICLE CONTAINING LESS THAN THREE PEOPLE.

6 THE METHODS FOR COLLECTING THE TOLL MAY INCLUDE, WITHOUT

7 LIMITATION, THE USE OF AN AUTOMATED VEHICLE IDENTIFICATION

8 SYSTEM.

9 (II) DURING PEAK TRAVEL TIMES, TEMPORARILY REVERSING

10 EXISTING LANES AND LOWERING THE SPEED IN THE PORTION OF THE

11 HIGHWAY WITH THE REVERSIBLE LANE FOR SAFETY PURPOSES; AND

12 (III) CREATING A TOLL PRICING SYSTEM THAT CHARGES A HIGHER

13 TOLL DURING PEAK TRAVEL TIMES FOR VEHICLES THAT ARE LONGER THAN

14 TWENTY-SIX FEET.

15 (c) (I) THERE IS HEREBY CREATED A SPECIAL-PURPOSE ACCOUNT

16 IN THE HIGHWAY USERS TAX FUND, WHICH SHALL BE KNOWN AS THE

17 INTERSTATE 70 CONGESTION MANAGEMENT ACCOUNT, ALSO REFERRED TO

18 IN THIS SECTION AS THE "ACCOUNT". MONEYS RECEIVED FROM TOLLS
19 COLLECTED PURSUANT TO THIS SUBSECTION (17) SHALL BE CREDITED TO

20 THE ACCOUNT. ANY INTEREST EARNED ON MONEYS CREDITED TO THE

21 ACCOUNT SHALL BE CREDITED TO AND USED FOR THE SAME PURPOSE AS

22 OTHER MONEYS IN THE ACCOUNT. MONEYS REMAINING IN THE ACCOUNT

23 AT THE END OF EACH YEAR SHALL REMAIN IN THE ACCOUNT AND SHALL

24 NOT REVERT TO THE GENERAL FUND OR TO ANY OTHER FUND OR ACCOUNT.

25 (II) THE ACCOUNT SHALL BE USED FOR THE FOLLOWING PRIORITIES:

26 (A) THE FIRST PRIORITY SHALL BE TO IMPLEMENT THIS SUBSECTION
27 (17), INCLUDING, WITHOUT LIMITATION, PURCHASING AUTOMATIC VEHICLE

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 1 IDENTIFICATION SYSTEMS AND IMPLEMENTING AN INTERNET TRAVEL

2 REGISTRATION SYSTEM;

3 (B) THE SECOND PRIORITY SHALL BE THE CONSTRUCTION OF

4 PARKING FACILITIES FOR LONGER VEHICLES AT THE START OF THE HIGH

5 OCCUPANCY TOLL PORTION OF THE ROAD; AND

6 (C) THE THIRD PRIORITY SHALL BE TO FUND BUSING SERVICES TO

7 SKI AREAS THROUGH GRANTS TO PUBLIC AND PRIVATE ENTITIES PROVIDING

8 BUSING SERVICES ALONG THE INTERSTATE 70 CORRIDOR.

9 (III) THE COMMISSION SHALL PROMULGATE RULES ESTABLISHING

10 GRANT CRITERIA AND MAY MAKE GRANTS TO QUALIFIED PROVIDERS.

11 (IV) THE GENERAL ASSEMBLY HEREBY FINDS THAT EXCESSIVE

12 TRAFFIC CONGESTION IMPEDES THE ENFORCEMENT OF TRAFFIC LAWS AND

13 THE PROVISION OF EMERGENCY MEDICAL SERVICES. THEREFORE,

14 MITIGATING TRAFFIC CONGESTION ON INTERSTATE 70 WILL SIGNIFICANTLY

15 IMPROVE THE STATE'S ABILITY TO SUPERVISE THE STATE HIGHWAYS.

16 THEREFORE, THE GENERAL ASSEMBLY HEREBY DECLARES THAT BUSING

17 SERVICES ARE AN IMPORTANT PART OF THE SUPERVISION OF THE STATE

18 HIGHWAYS.

19 (d) IF ANY PROVISION OF THIS SUBSECTION (17) OR THE

20 APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD

21 INVALID, SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR

22 APPLICATIONS OF THIS SUBSECTION (17) THAT CAN BE GIVEN EFFECT

23 WITHOUT THE INVALID PROVISION OR APPLICATION.

24 SECTION 3. Effective date. This act shall take effect at 12:01

25 a.m. on the day following the expiration of the ninety-day period after
26 final adjournment of the general assembly that is allowed for submitting
27 a referendum petition pursuant to article V, section 1 (3) of the state

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1 constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008);
2 except that, if a referendum petition is filed against this act or an item,
3 section, or part of this act within such period, then the act, item, section,
4 or part, if approved by the people, shall take effect on the date of the
5 official declaration of the vote thereon by proclamation of the governor.

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