2021 State Legislation of Interest to the City
City of Boulder

HB21-1008 Forest Health Project Financing 
Subject: FOREST HEALTH & FIRE MITIGATION
Sponsors: J. Arndt (D) | M. Catlin (R) / J. Cooke (R) | C. Hansen (D)
Summary:

The bill provides additional options for financing forest health projects by authorizing:

  • A separate legal entity created by a combination of local governments as authorized by current law to establish special or local improvement districts within the boundaries of the combination and levy special assessments on property specially benefited by improvements, functions, services or facilities, including forest health projects, that the separate legal entity is authorized to provide;
  • Counties, municipalities, special districts, water conservancy districts, the Colorado river water conservation district, and the southwestern water conservation district to conduct or participate in and finance forest health projects; and
  • Authorizing a forest improvement district to use its sales tax revenue for forest health projects.

The bill also modifies the definition of "forest health project"and postpones the scheduled repeal of the statute that authorizes the Colorado water resources power and development authority to issue bonds to fund watershed protection projects and forest health projects from July 1, 2023, to July 1, 2033.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 3/12/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
Position: Support
Boulder's Interest:

HB21-1045 Invasive Pest Control Administration 
Subject: INVASIVE PESTS
Sponsors: M. Young (D) | D. Valdez (D) / R. Fields (D)
Summary:

The bill creates the emergency invasive-pest response fund (fund), which is subject to annual appropriation. The commissioner of agriculture (commissioner) may expend money from the fund to implement the bill and emergency measures to control or eradicate invasive pests. The state agricultural commission (commission) may request that, at the end of each fiscal year, money in the plant health, pest control, and environmental protection cash fund be transferred to the fund. The commissioner is authorized to seek and expend gifts, grants, or donations from private or public sources for the new fund.

The commissioner may:

  • Enter into an agreement with any person or local government to provide pest control services. The department of agriculture may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The remuneration is deposited in the fund.
  • Work cooperatively with the United States secretary of agriculture to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest; and
  • Quarantine anything that harbors a pest if the pest has an economically unacceptable impact and if the measures to control the pest may achieve an acceptable level of official control.

If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest.

The commission may establish procedures for determining what is a public nuisance. A board of county commissioners may declare a pest to be a public nuisance and require its control or eradication.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 3/10/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
Position: Support
Boulder's Interest: This is in response to emerald ash borer since the state had not allocated funding of its own to help eradicate or contain the pest upon detection or even support the state quarantine. We know EAB will not be the last invasive pest we’ll need to deal with in Colorado. Our understanding is this fund will help the Colorado Department of Agriculture better respond to (and support local governments manage) future pests.

HB21-1054 Housing Public Benefit Verification Requirement 
Subject: IMMIGRANT PUBLIC BENEFITS
Sponsors: D. Jackson (D) / J. Gonzales (D)
Summary:

The bill creates, unless otherwise required by federal law , a public or assisted housing benefit exception to the requirement that an applicant for federal, state, or local public benefits verify lawful presence in the United States.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News: Bill passed by lawmakers provides state housing assistance to undocumented Coloradans
Status: 4/5/2021 Signed by the President of the Senate
Position: Support
Boulder's Interest:

HB21-1071 Ranked Choice Voting In Nonpartisan Elections 
Subject: ELECTIONS
Sponsors: C. Kennedy (D) | J. Arndt (D) / S. Fenberg (D) | F. Winter (D)
Summary:

Beginning in 2023, the bill allows a municipality to refer a municipal election using instant runoff voting to be conducted as part of a coordinated election. The secretary of state is required to promulgate rules establishing the minimum system requirements and specifications for a voting system to be used in an election using instant runoff voting by March 31, 2022. After March 31, 2022, a system that has been tested and satisfies the standards promulgated by the secretary of state may be submitted for certification for use in an election using instant runoff voting. If the secretary of state certifies a system, the secretary is required to negotiate and purchase, if possible, a single annual statewide license with the provider to allow each county that uses the voting system to conduct elections using instant runoff voting.

On and after January 1, 2023, a statutory city or town or home rule municipality that has taken formal action to conduct an election using instant runoff voting may refer the election to be conducted as part of a coordinated election by providing written notice to the county clerk and recorder. If the county uses a voting system that is certified for use in an election using instant runoff voting, the county clerk and recorder must conduct the election as part of the coordinated election. The municipality referring the election is responsible for any reasonable additional costs the county incurs as a result of conducting an instant runoff voting election.

If the referring municipality is located in more than one county, the counties are required to conduct the election using instant runoff voting only if each county receives timely notice, each county uses a voting system certified for such use, and the data from all the counties' voting systems can be tabulated together in accordance with rules promulgated by the secretary of state for conducting instant runoff elections across multiple counties. The counties and the municipality are required to enter into an agreement for the conduct of the election, which must specify the procedures for the county canvass boards to canvass the election.

For any instant runoff voting election conducted as part of a coordinated election, the secretary of state is the designated election official responsible for tabulating and reporting the results. The secretary of state is required, by December 31, 2022, to promulgate rules related to instant runoff voting elections including the procedures for conducting logic and accuracy tests and risk limiting audits, and for the tabulation, reporting, and canvassing of results.


(Note: This summary applies to this bill as introduced.)

News:
Status: 3/11/2021 House Committee on Finance Refer Amended to Appropriations
Position: Support
Boulder's Interest:

HB21-1075 Replace The Term Illegal Alien 
Subject:
Sponsors: S. Lontine (D) / J. Gonzales (D)
Summary:

The bill replaces the term "illegal alien" with "worker without authorization" as it relates to public contracts for services.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 4/5/2021 Signed by the President of the Senate
Position: Support
Boulder's Interest:

HB21-1105 Low-income Utility Payment Assistance Contributions 
Subject: ENERGY AND ENVIRONMENT
Sponsors: C. Kennedy (D) / C. Hansen (D)
Summary: Changes the structure and funding source of low-income energy assistance program operated by Energy Outreach Colorado. Shifts funding source from severance tax revenues to a $1/customer flat fee.
News:
Status: 3/29/2021 House Committee on Finance Refer Amended to Appropriations
Position: Support
Boulder's Interest: Provides additional financial support for low-income energy customers. Low-income households generally have a higher energy cost burden (% of income) than other households.

HB21-1106 Safe Storage Of Firearms 
Subject: FIREARMS
Sponsors: M. Duran (D) | K. Mullica (D) / J. Bridges (D) | C. Hansen (D)
Summary:

The bill requires that firearms be responsibly and securely stored when they are not in use to prevent access by unsupervised juveniles and other unauthorized users. The bill creates the offense of unlawful storage of a firearm if a person stores a firearm in a manner that the person knows, or should know:

  • That a juvenile can gain access to the firearm without the permission of the juvenile's parent or guardian; or
  • A resident of the premises is ineligible to possess a firearm under state or federal law.

Unlawful storage of a firearm is a class 2 misdemeanor.

The bill requires licensed gun dealers to provide with each firearm, at the time of a firearm sale or transfer, a locking device capable of securing the firearm. Transferring a firearm without a locking device is an unclassified misdemeanor punishable by a maximum $500 fine.

The bill requires the state court administrator to annually report to the general assembly about the number of charges related to unsafe firearms storage and the disposition of those charges.

The bill requires the office of suicide prevention within the department of public health and environment (department) to include on its website, and in materials provided to firearms-related businesses and health care providers, information about the offense of unlawful storage of a firearm, penalties for providing a handgun to a juvenile or allowing a juvenile to possess a firearm, and the requirement that gun dealers provide a locking device with each firearm transferred. Subject to available money, the department is required to develop and implement a firearms safe storage education campaign to educate the public about the safe storage of firearms, and state requirements related to firearms safety and storage, and information about voluntary temporary firearms storage programs .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News: Before It’s Even Introduced, Colorado Gun Owners Want Dems To Know They Oppose An Assault Weapons Ban
Status: 4/12/2021 Senate Third Reading Passed - No Amendments
Position: Support
Boulder's Interest:

HB21-1117 Local Government Authority Promote Affordable Housing Units 
Subject: HOUSING
Sponsors: S. Lontine (D) | S. Gonzales-Gutierrez (D) / J. Gonzales (D) | R. Rodriguez (D)
Summary:

The bill clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The bill clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The bill also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 3/25/2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Position: Support
Boulder's Interest:

HB21-1145 Support Pollinator Special License Plate 
Subject:
Sponsors: C. Kipp (D) | M. Soper (R) / S. Jaquez Lewis | C. Simpson
Summary:

The bill creates the support pollinators license plate for vehicles. A person qualifies for issuance of the plate if the person makes a donation to a designated nonprofit organization that supports pollinators. The organization must use the donation for pollination programs and education.

In addition to the normal fees for a license plate, a person must pay 2 additional one-time fees for the issuance of the plate. One of these fees is credited to the highway users tax fund and the other fee is credited to the licensing services cash fund.
(Note: This summary applies to this bill as introduced.)

News:
Status: 4/12/2021 House Committee on Finance Refer Unamended to Appropriations
Position: Support
Boulder's Interest:

HB21-1162 Management Of Plastic Products 
Subject: ZERO WASTE
Sponsors: A. Valdez (D) | L. Cutter (D) / J. Gonzales (D)
Summary: The bill is comprised of three primary sections: 1. A phase-out of the distribution by stores (retailers, grocers, etc.) of single use plastic carryout bags by Sept. 1, 2022. 2. A phase-out of the distribution by retail food establishments (restaurants, take-out locations, etc.) of polystyrene (including but not limited to Styrofoam) containers by January 1, 2022 (with some extended deadlines for school cafeterias). 3. Explicit authorization for local governments (including counties) to impose requirements more stringent than statewide requirements starting on July 1, 2023.
News:
Status: 3/29/2021 House Committee on Finance Refer Amended to Appropriations
Position: Support
Boulder's Interest: Equity note: This fee would NOT be imposed upon customers who provide evidence they are participating in a state or federal food assistance program.

HB21-1186 Regional Transportation District Operation 
Subject: RTD
Sponsors: M. Gray (D) | T. Sullivan (D) / F. Winter (D) | J. Bridges (D)
Summary:

The bill amends provisions related to the operation of the regional transportation district (district), including:

  • Removing Amending a cap on the amount of all vehicular service the district can allow to be provided by third parties under competitive contracts and retaining the cap on the amount of fixed route bus service that may be provided through such contracts to be measured by platform time or its equivalent;
  • Expanding the types of entities the district can contract with to include nonprofit organizations and local government;
  • Repealing farebox recovery ratio requirements and requiring the district to include in its annual financial reports information on annual operating costs, ridership numbers, and operating costs divided by ridership as a measure of the cost efficiency of its services;
  • Repealing a limitation on developments that would reduce parking at a facility or result in a competitive disadvantage to private businesses near the facility; and
  • Repealing limitations on the district's authority to charge fees and manage parking at district parking facilities.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 4/9/2021 Introduced In Senate - Assigned to Transportation & Energy
Position: Support
Boulder's Interest:

HB21-1208 Natural Disaster Mitigation Enterprise 
Subject:
Sponsors: L. Cutter (D) | M. Gray (D) / K. Priola (R) | F. Winter (D)
Summary:

Section 1 of the bill creates the natural disaster mitigation enterprise (enterprise). The enterprise collects a fee on insurance companies that offer certain insurance policies and uses the fee revenue to finance the natural disaster mitigation grant program and provide local governments technical assistance on natural disaster mitigation. The enterprise awards natural disaster mitigation grants to assist local governments in implementing resilience and natural disaster mitigation measures and to assist entities that apply for federal grants that require matching funds and are dedicated to assisting in the implementation of pre-disaster natural disaster mitigation measures.Section 2 sets the fee at $1.25 of every $1,000 in insurance premiums collected on certain policies by the insurance companies that offer those insurance policies.

The board of directors of the enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department of public safety is assigned regarding the grant program.


(Note: This summary applies to this bill as introduced.)

News: Could a new insurance-premium fee prevent Colorado’s next big natural disaster? Some lawmakers say yes.
Status: 4/5/2021 House Committee on Finance Refer Amended to Appropriations
Position: Support
Boulder's Interest:

HB21-1233 Conservation Easement Tax Credit Modifications 
Subject: LAND CONSERVATION
Sponsors: D. Roberts (D) | P. Will (R) / K. Donovan (D) | F. Winter (D)
Summary: • Increases efficiencies of the tax credit program and creates a tracking system for tax credit transfers. • Expands the types of eligible entities that can donate easements and receive tax credits to include certain water conservation entities. • Allows landowners to receive up to 90% of the donated value of their easement. Specifies that the Division of Conservation can hold easements in preparation for future work to resolve orphaned easements.
News:
Status: 4/5/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Finance
Position: Support
Boulder's Interest:

HB21-1269 Public Utilities Commission Study Of Community Choice Energy 
Subject:
Sponsors: E. Hooton (D) | C. Kipp (D) / K. Donovan (D)
Summary:

The bill concerns the concept of "community choice energy" (CCE), under which a community, or group of communities, may choose to purchase their electricity from a wholesale supplier other than the local investor-owned electric utility. The bill declares that CCE has the potential to enable communities to meet their renewable energy goals and to reduce their electricity rates by allowing wholesale competition and local control over the energy supplier and energy mix without changing the local utility's current status as sole supplier of electric transmission, distribution, billing, and customer service functions.

To lay the groundwork for evaluating the potential adoption of CCE in Colorado, the bill proposes an investigatory proceeding at the public utilities commission that would invite testimony and documentation from interested stakeholders, utilities, the public, invited subject-matter experts, and persons with firsthand knowledge of CCE operations, including regulators from states in which CCE has been implemented. The proceeding would address a series of questions and topics that are specified in the bill, with the goal of better understanding CCE in the Colorado context and identifying best practices that would allow CCE to function well in Colorado if adopted. The bill does not change current statutes and regulations governing the electricity system.

The bill directs the commission to submit a report summarizing the investigatory proceeding to the legislative committees with jurisdiction over energy matters by December 15, 2022.


(Note: This summary applies to this bill as introduced.)

News:
Status: 4/9/2021 Introduced In House - Assigned to Energy & Environment + Appropriations
Position: Support
Boulder's Interest:

SB21-031 Limits On Governmental Responses To Protests 
Subject: LAW ENFORCEMENT
Sponsors: J. Bridges (D) / L. Cutter (D)
Summary: SB 21-031 prohibits a state, county, or local government agency to order those participating in a protest or demonstration to disperse, or from deeming the protest unlawful, unless the persons participating in the protest are acting in concert to pose an imminent threat to use force or violence to cause personal injury or significant property damage.
News:
Status: 2/16/2021 Introduced In Senate - Assigned to Judiciary
Position: Oppose
Boulder's Interest: As drafted, the bill is extremely broad and would allow protestors to break all types of laws, and local governments could only disperse the protest if many individuals were deemed violent.

SB21-062 Jail Population Management Tools 
Subject: CRIMINAL JUSTICE
Sponsors: P. Lee (D) / A. Benavidez (D)
Summary:

The bill gives a peace officer the authority to issue a summons and complaint for any offense committed in the officer's presence, or if not committed in the officer's presence, for any offense that the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged, unless arrest is statutorily required or the offense is a crime of violence.

The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony unless:

  • A custodial arrest is statutorily required;
  • The officer is unable to sufficiently verify the individual's identity absent a custodial arrest;
  • The person was convicted for a violation of section 42-4-1301, Colorado Revised Statutes, in the previous 12 months; or
  • The offense is a felony or a victims' rights crime, the offense includes an element of illegal possession or use of firearm, the offense constitutes unlawful sexual behavior, or the offense is a violation a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle and:
  • The arresting officer records in the arrest documents a reasonable suspicion to conclude the person poses a threat to the safety of another, absent custodial arrest; or
  • The arresting officer records in the arrest documents a reasonable suspicion to conclude the person has indicated a clear unwillingness to cease and desist in criminal behavior, absent custodial arrest.

The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or level 3 or 4 drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear unless the defendant has failed to appear 3 or more times in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with conditions probation hearing unless it is based on a commission of a new crime.

The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions.


(Note: This summary applies to this bill as introduced.)

News:
Status: 3/4/2021 Senate Committee on Judiciary Refer Amended to Appropriations
Position: Amend
Boulder's Interest:

SB21-077 Remove Lawful Presence Verification Credentialing 
Subject: IMMIGRANT PUBLIC BENEFITS
Sponsors: J. Gonzales (D) / A. Benavidez (D) | C. Kipp (D)
Summary:

The bill eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license.

The bill also specifies that lawful presence is not required of any applicant for any state or local license, certificate, or registration. The bill affirmatively states that the bill is a state law within the meaning of the federal law that gives states authority to provide for eligibility for state and local public benefits to persons who are unlawfully residing in the United States.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News:
Status: 4/12/2021 House Committee on State, Civic, Military, & Veterans Affairs Refer Amended to House Committee of the Whole
Position: Support
Boulder's Interest:

SB21-078 Lost Or Stolen Firearms 
Subject: FIREARMS
Sponsors: S. Jaquez Lewis | J. Danielson (D) / T. Sullivan (D) | L. Herod (D)
Summary:

The bill requires an individual who owns a firearm to report the loss or theft of that firearm to a law enforcement agency within 5 days after discovering that the firearm was lost or stolen. A first offense for failure to make such a report is a petty offense civil infraction punishable by a $25 fine, and a second or subsequent offense is a class 3 misdemeanor punishable by a maximum $500 fine. The 5-day reporting requirement does not apply to a licensed gun dealer.

The bill requires a law enforcement agency that receives a report of a lost or stolen firearm to enter information about the lost or stolen firearm into the national crime information center database and report the information to the Colorado bureau of investigation.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

News: Before It’s Even Introduced, Colorado Gun Owners Want Dems To Know They Oppose An Assault Weapons Ban
Coloradans binged on gun sales seeking security during turmoil and it has backfired
Status: 4/8/2021 Sent to the Governor
Position: Support
Boulder's Interest:

SB21-199 Remove Barriers To Certain Public Opportunities 
Subject: IMMIGRANT PUBLIC BENEFITS
Sponsors: S. Jaquez Lewis | F. Winter (D) / D. Esgar (D) | S. Gonzales-Gutierrez (D)
Summary:

The bill repeals existing provisions that require a person to demonstrate the person's lawful presence in the United States to be eligible for certain public benefits and requires that lawful presence is not a requirement of eligibility for state or local public benefits, as defined by 8 U.S.C. sec. 1621.

The bill amends statutory provisions that still require lawful presence to clarify acceptable documents to demonstrate eligibility. The general assembly shall not allocate additional funding to any state or local public benefit program for this purpose for fiscal year 2021-22. However, starting for fiscal year 2022-23, any additional funding required for a state or local public benefit program for this purpose is subject to the standard budget process for the applicable program.

Current law prohibits a state agency or political subdivision from entering into or renewing a public contract with a contractor who knowingly employs or contracts persons who are undocumented. The bill repeals that requirement and associated statutory provisions.

Current law requires that state agencies and local governments use secure and verifiable identity documents when providing services or issuing official documents. The bill repeals that requirement and associated statutory provisions.


(Note: This summary applies to this bill as introduced.)

News:
Status: 3/26/2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Position: Support
Boulder's Interest:

SB21-238 Create Front Range Passenger Rail District 
Subject:
Sponsors: L. Garcia (D) | R. Zenzinger (D) / D. Esgar (D) | M. Gray (D)
Summary:

The bill creates the front range passenger rail district (district) for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining an interconnected passenger rail system (system) along the front range. The district is specifically required to work collaboratively with the regional transportation district (RTD) to ensure interconnectivity with any passenger rail system operated by or for the RTD and with Amtrak on interconnectivity with Amtrak's Southwest Chief, California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train. If deemed appropriate by the board of directors of the district and by the board of directors of RTD, the district may share with RTD capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service.

The area that comprises the district extends from Wyoming to New Mexico and includes:

  • The entirety of the city and county of Broomfield and the city and county of Denver;
  • All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano, Jefferson, Larimer, Las Animas, Pueblo, and Weld counties that are located within the territory of a metropolitan planning organization (MPO);
  • All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a MPO and are located within a county precinct that is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25; and
  • All areas within Larimer and Weld counties that are not located within the territory of a MPO and are located within a county precinct that is north of the city of Fort Collins and is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25.

The district is governed by a board of directors composed of appointees of transportation planning organizations that have jurisdiction within the territory of the district, the governor, and the executive director of the department of transportation (CDOT), as well as a nonvoting representative of RTD, and, if the respective governors and chief executive officers choose to make appointments, nonvoting representatives of the BNSF Railway, the Union Pacific Railroad, Amtrak, and communities in Wyoming and New Mexico. Of the directors appointed by the governor, one must be a representative of organized labor and one must be a representative of a conservation organization with expertise in transit-oriented land use planning. The board must be fully appointed by April 1, 2022, with an earlier appointment deadline for some appointees. The board must convene for its initial meeting not later than May 15, 2022, and on that date, the existing southwest chief and front range passenger rail commission is terminated and any remaining commission funds are transferred to the district.

The district is authorized to exercise the powers necessary to plan, design, develop, finance, construct, operate, and maintain the system including but not limited to:

  • The power, subject to the approval of the voters of the district and other specified limitations, to levy a sales and use tax and to exercise specified taxing authority common to special districts within the district and to issue bonds;
  • The power, subject to the approval of the owners of property within a 2-mile radius of any existing or proposed passenger rail station, to create a station area improvement district with the authority to levy additional sales and use tax, special assessments on real property, or both, to cover the costs of construction, operation, and maintenance of the station;
  • The power to enter into public-private partnerships; and
  • The power to employ its own personnel or contract with public or private entities, or both, for the operation and maintenance of the system.
    (Note: This summary applies to this bill as introduced.)

News:
Status: 4/9/2021 Introduced In Senate - Assigned to Transportation & Energy
Position: Deliberating
Boulder's Interest: