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I_TLRC_2016A 10/05/2016 09:05:00 AM Committee Summary

Final

STAFF SUMMARY OF MEETING



TRANSPORTATION LEGISLATION REVIEW COMMITTEE

Date: 10/05/2016
ATTENDANCE
Time: 09:05 AM to 05:03 PM
Becker J.
X
Buck
X
Place: RM 271
Carver
X
Cooke
X
This Meeting was called to order by
Coram
X
Senator Baumgardner
Esgar
X
Jones
X
This Report was prepared by
Kraft-Tharp
X
Bo Pogue
Melton
*
Mitsch Bush
X
Moreno
*
Neville P.
*
Nordberg
X
Scott
*
Todd
*
Winter
X
Tyler
X
Baumgardner
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Regional Transportation District

Division of Motor Vehicles

Public Utilities Commission

Public Highway Authorities

High-Performance Transportation Enterprise

Discussion of US 550

Discussion and Approval of Interim Bills
Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Witness Testimony and/or Committee Discussion Only

Approved five bills





09:05 AM -- Regional Transportation District



The committee was called to order. A quorum was present. Mr. Dave Genova, General Manager and CEO, Mr. Tom Tobiason, Board Chair, and Mr. Bruce Abel, Assistant General Manager of Bus Operations, Regional Transportation District (RTD), briefed the committee on recent developments concerning RTD. Committee members received a collection of slides forming the basis of the presentation (Attachment A), and a folder with background information on RTD and its services (a copy of the folder is on file with Legislative Council Staff). Mr. Genova walked the committee through the contents of Attachment A. Mr. Genova responded to questions regarding the process by which RTD selects its transportation projects, and efforts to extend rail lines under FasTracks along certain corridors. Mr. Genova responded to further questions regarding bonding arrangements for funding RTD initiatives.



















Attachment A - RTD.pdfAttachment A - RTD.pdf





09:15 AM



Mr. Genova returned to briefing the committee on recent RTD developments. Mr. Abel provided input on RTD's status in terms of its efforts to comply with the Americans with Disabilities Act (ADA), and discussed certain challenges facing the district. He also discussed the status of service improvements. Mr. Genova presented some additional RTD status updates.





09:28 AM



Mr. Genova responded to questions regarding recent difficulties experienced with the A and B commuter rail lines. He also provided input on the status of the G line's opening. Mr. Abel responded to questions regarding sources of funding for efforts to comply with the ADA. Mr. Genova responded to questions regarding plans to open certain additional light rail lines.





09:39 AM -- Division of Motor Vehicles



Mr. Mike Dixon, Senior Director for the Division of Motor Vehicles (DMV) within the Department of Revenue, provided updates on the DMV. Committee members received a packet of slides forming the basis for Mr. Dixon's presentation (Attachment B).



Attachment B - DMV.pdfAttachment B - DMV.pdf



09:50 AM



Mr. Dixon continued to update the committee on DMV initiatives. Mr. Dixon responded to questions regarding the DMV's efforts to comply with Senate Bill 15-090, which mandated an update of the temporary vehicle tag product and process. Mr. Dixon returned to providing updates to the committee.





10:01 AM



Mr. Dixon continued to brief the committee on recent developments at the DMV, discussing license plate-related issues. Mr. Dixon responded to questions regarding certain specialty license plates that are scheduled to sunset, and difficulties experienced by customers in trying to conduct business with the DMV. Mr. Dixon wrapped up his presentation by discussing DMV veteran services.

























10:13 AM -- Public Utilities Commission



Mr. Joe Neguse, Executive Director, Department of Regulatory Agencies, Mr. Doug Dean, Director, Public Utilities Commission (PUC), Mr. Ronald Jack, Chief Operating Officer and Chief of Transportation for the PUC, and Dr. Pam Fischhaber Chief of Transit and Rail Safety for the PUC, presented an overview of transportation-related issues that fall under the purview of the PUC. Committee members received a packet of slides forming the basis of the presentation (Attachment C). Director Neguse provided an introduction to the issues to be addressed. Director Dean walked the committee through the contents of Attachment C. Discussion ensued regarding safety issues associated with railroad crossings.



Attachment C - PUC.pdfAttachment C - PUC.pdf



10:30 AM



Mr. Jack and Director Dean responded to questions regarding rulemaking associated with towing rates. Discussion returned to issues associated with rail crossings.





10:33 AM -- Public Highway Authorities



Mr. Tim Stewart, Executive Director, E-470, presented the annual report for the E-470 Public Highway Authority. Committee members received a packet of slides forming the basis of Mr. Stewart's presentation (Attachment D), and E-470's annual report to the TLRC (a copy of the packet is on file with Legislative Council Staff). Mr. Stewart walked the committee through his presentation.



Attachment D - E470.pdfAttachment D - E470.pdf



10:44 AM



Mr. Stewart responded to questions regarding the number of accidents, fatal and otherwise, along E-470, and how tolls are collected from out-of-state highway users. Mr. Stewart responded to questions regarding the implementation of tolling on E-470. Mr. Stewart returned to presenting the E-470 annual report to the TLRC.



































10:53 AM



Mr. Greg Stokes, Broomfield City and County Mayor Pro Tem and Northwest Parkway Public Highway Authority Chair, and Mr. Charles Ozaki, Broomfield City and County Manager, briefed the committee on the Northwest Parkway. Committee members received a packet of slides providing the basis for Mayor Stokes' presentation (Attachment E), which Mayor Stokes narrated. Mayor Stokes responded to questions regarding when the Northwest Parkway reverts from the highway authority to local control. Mayor Stokes returned to briefing the committee on the contents of Attachment E. Mayor Stokes responded to a question about who is charged with plowing snow on the Northwest Parkway, and then returned again to briefing the committee on the parkway.











Attachment E - Northwest Parkway.pdfAttachment E - Northwest Parkway.pdf





11:04 AM



Mayor Stokes and Mr. Ozaki responded to questions regarding the governing and operating arrangement for the Northwest Parkway, and Mayor Stokes returned to briefing the committee on the parkway. Mayor Stokes and Mr. Ozaki responded to questions regarding toll rates on E-470.





11:20 AM



Mayor Stokes returned to briefing the committee on the Northwest Parkway.





11:22 AM -- High-Performance Transportation Enterprise



Mr. David Spector, Director, High Performance Transportation Enterprise (HPTE), and Mr. Andy Karsian, Legislative Liaison, Colorado Department of Transportation (CDOT), briefed the committee on the HPTE. Committee members received a packet of slides providing the basis for the HPTE presentation (Attachment F). Mr. Spector walked the committee through the document. Mr. Spector responded to questions regarding the impact of recently implemented Interstate 70 express lanes on the use of the interstate's frontage road during peak hours, and the overall reduction of travel times during peak hours along I-70.



Attachment F - HPTE.pdfAttachment F - HPTE.pdf























11:36 AM



Discussion continued regarding travel times and safety issues along certain stretches of I-70. Mr. Spector returned to briefing the committee on the HPTE. Discussion ensued regarding the bicycle lane following US 36, and the contracting arrangement for the US 36 expansion.





11:50 AM



Mr. Spector returned to briefing the committee on recent developments with the HPTE. Discussion ensued regarding the implementation of HOV lanes in certain corridors in the Denver metropolitan area.





12:04 PM



The committee recessed for lunch.





01:09 PM -- Discussion of US 550



The committee returned to order. Mr. Jon Waschbusch, Government Affairs Director for Montrose County, came to the table to discuss US 550. He distributed a handout to the committee (Attachment G). He also showed the committee a short video featuring the Montrose County Coroner. He noted the Billy Creek segment of the road, from mile post 105 to mile post 115. He asked for any state assistance available for helping solve the problem.



Attachment G - Montrose County.pdfAttachment G - Montrose County.pdf



Commissioner Glen Davis, Montrose County Commissioner, came to the table to answer committee questions. In response to committee questions, he discussed area traffic and the traffic changes in Montrose County due to airport traffic.





01:29 PM -- Discussion and Approval of Interim Bills



Ms. Erin Reynolds, Legislative Council Staff, and Mr. Jery Payne, Office of Legislative Services, came to the table to discuss the interim bill process. The bills considered by the Transportation Legislation Review Committee (TLRC) may be accessed on the TLRC website at: www.colorado.gov/pacific/cga-legislativecouncil/2016-transportation-legislation-review-committee.





























01:32 PM --- Bill 1



Representative Carver introduced and discussed Bill 1. This bill requires the TLRC to meet five times before November 15, 2017, to:



• make available the House Bill 16-1031 research study of changes to the Colorado Transportation Commission districts since 1991; and

• offer an opportunity for public input regarding the districts, the study, and whether the districts should be modified.



Of the five meetings, four are to take place in each quadrant of the state and one in Denver. The committee may also consider the use of remote testimony.



Representative Tyler offered Amendment #1 (Attachment H). The chair ruled that the amendment did not fit under the bill title.



Attachment H - Amendment 1.pdfAttachment H - Amendment 1.pdf




































































BILL: Bill 1
TIME: 01:37:42 PM
MOVED: Carver
MOTION: Move Bill 1 to Legislative Council for consideration. The motion passed on a vote of 16-2.
SECONDED:
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Yes
Jones
Yes
Kraft-Tharp
No
Melton
No
Mitsch Bush
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
Yes
Tyler
Yes
Baumgardner
Yes
Final YES: 16 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





















































01:54 PM -- Bill 2



Representative Becker, J. introduced and discussed Bill 2. This bill makes exceptions for physical vehicle inspections as a condition for vehicle registration or certificate of title issuance if the applicant for a new vehicle registration:



• presents a copy of the manufacturer's certificate of origin;

• presents a purchase receipt from the dealer or out-of-state seller that indicates the applicant purchased the vehicle as new; or

• at the time of application, has the vehicle currently registered in another Colorado county.





01:56 PM




Mr. RJ Hicks, representing the Colorado Motor Carriers Association, came to the table to testify in support of the bill.

BILL: Bill 2
TIME: 01:58:14 PM
MOVED: Becker J.
MOTION: Move Bill 2 to Legislative Council for consideration. The motion passed on a vote of 18-0.
SECONDED:
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Yes
Jones
Yes
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
Yes
Tyler
Yes
Baumgardner
Yes
YES: 18 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



















02:03 PM --- Bill 3



Representative Becker, J. introduced and discussed Bill 3. This bill increases the minimum weight for commercial vehicles from 10,001 pounds to 16,001 pounds, and allows the Colorado State Patrol (CSP) to adopt rules for vehicles that would otherwise be considered commercial vehicles but for weighing between 10,001 and 16,000 pounds.





02:06 PM



Mr. RJ Hicks, representing the Colorado Motor Carriers Association, testified in support of the bill. Representative Becker, J. proposed a conceptual amendment to clarify that the bill applies only to intrastate commercial vehicle regulation.


BILL: Bill 3
TIME: 02:07:46 PM
MOVED: Becker J.
MOTION: Adopt conceptual amendment to Bill 3 clarifying that the bill applies only to intrastate commercial vehicle regulation. The motion passed without objection.
SECONDED:
VOTE
Becker J.
Buck
Carver
Cooke
Coram
Esgar
Jones
Kraft-Tharp
Melton
Mitsch Bush
Moreno
Neville P.
Nordberg
Scott
Todd
Winter
Tyler
Baumgardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL: Bill 3
TIME: 02:15:34 PM
MOVED: Becker J.
MOTION: Move Bill 3, as amended, to Legislative Council for consideration. The motion passed on a vote of 18-0.
SECONDED:
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Yes
Jones
Yes
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
Yes
Tyler
Yes
Baumgardner
Yes
Final YES: 18 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS





02:18 PM --- Bill 4



Senator Baumgardner introduced and discussed Bill 4. This bill requires the state Transportation Commission to submit a ballot question to voters in 2017 for approval of $3.5 billion in Transportation Revenue Anticipation Notes (TRANs) once existing transportation bonds have been repaid. The maximum repayment cost cannot exceed $5.5 billion or take longer than 20 years to repay. TRANs proceeds must be spent on a list of 42 transportation projects across the state described in the bill. The bill also eliminates the final three years of Senate Bill 09-228 transfers and diverts 5 percent of state sales tax revenue to the Highway Users Tax Fund (HUTF) and 1 percent of state sales tax revenue to the Capital Construction Fund (CCF).





























02:24 PM



Ms. Sandra Solin, representing Capitol Solutions and Fix Colorado Roads, Mr. Nate Eckloff, representing RBC Capital, Mr. Steve Tool, representing the Northern Colorado Legislative Alliance, and Mr. David Flaherty, representing Magellan Strategies, came to the table to answer committee questions.





02:45 PM



Committee discussion continued with the panel regarding bonding, the history of General Fund appropriations to CDOT, interest rates, construction costs, and possible opportunities for cost savings.





03:18 PM



Mr. Andy Karsian, representing CDOT, testified in opposition to the bill. Mr. Karsian stated that CDOT is concerned that the bill does not provide a stable stream of funding in order to repay bonds.





03:43 PM



Committee discussion continued regarding CDOT project planning and prioritization, the federal gas tax, sales tax revenues, and various ways to fund transportation in the state.





03:54 PM



Larson Silbaugh, Legislative Council Staff, came to the table to answer questions regarding the fiscal note. Representative Tyler offered two amendments, Amendment #5 (Attachment I) and Amendment #4 (Attachment J).



Attachment I - Amendment 5.pdfAttachment I - Amendment 5.pdf Attachment J - Amendment 4.pdfAttachment J - Amendment 4.pdf








































BILL: Bill 4
TIME: 04:08:56 PM
MOVED: Tyler
MOTION: Adopt amendment #5 (Attachment I). The motion passed on a vote of 10-6.
SECONDED:
VOTE
Becker J.
Yes
Buck
No
Carver
No
Cooke
No
Coram
Yes
Esgar
Excused
Jones
Yes
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Moreno
Yes
Neville P.
Excused
Nordberg
No
Scott
No
Todd
Yes
Winter
Yes
Tyler
Yes
Baumgardner
No
YES: 10 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: PASS














































BILL: Bill 4
TIME: 04:15:20 PM
MOVED: Tyler
MOTION: Adopt amendment #4 (Attachment J). The motion failed on a vote of 8-9.
SECONDED:
VOTE
Becker J.
No
Buck
No
Carver
No
Cooke
No
Coram
No
Esgar
Excused
Jones
Yes
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Moreno
Yes
Neville P.
No
Nordberg
No
Scott
No
Todd
Yes
Winter
Yes
Tyler
Yes
Baumgardner
No
YES: 8 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL
















































BILL: Bill 4
TIME: 04:30:31 PM
MOVED: Baumgardner
MOTION: Move Bill 4 to Legislative Council. The motion passed on a vote of 11-6.
SECONDED:
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Excused
Jones
No
Kraft-Tharp
Yes
Melton
No
Mitsch Bush
No
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
No
Winter
No
Tyler
No
Baumgardner
Yes
Final YES: 11 NO: 6 EXC: 1 ABS: 0 FINAL ACTION: PASS





04:31 PM --- Bill 5



Representative Tyler introduced and discussed Bill 5. This bill amends the definition of an autocycle to:



• exclude motorcycles;

• specify that autocycles are three-wheeled motor vehicles where the driver and passengers ride in a fully or partly enclosed seating area equipped with safety belts for all occupants;

• define "partly enclosed seating area" as an area that is surrounded on the sides by the frame or body of the vehicle; and

• remove air bag and hardtop enclosure requirements.



The bill also clarifies that child restraint and safety belt laws apply to autocycles.

























04:34 PM



Mr. Dave Hall, representing the CSP, testified in support of the bill.





04:38 PM



Mr. Jep Seman, representing Polaris, expressed some concerns with Bill 5 regarding motorcycle laws.

BILL: Bill 5
TIME: 04:41:36 PM
MOVED: Tyler
MOTION: Move Bill 5 to Legislative Council. The motion passed on a vote of 16-1.
SECONDED:
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Excused
Jones
Yes
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Moreno
Yes
Neville P.
No
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
Yes
Tyler
Yes
Baumgardner
Yes
Final YES: 16 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

































04:45 PM



Rep. Becker J. proposed to withdraw Bill 2 so that the committee could consider Bill 6 under the TLRC five bill limit.

BILL: Bill 2 Reconsideration
TIME: 04:46:25 PM
MOVED: Becker J.
MOTION: Move to Reconsider Bill 2. The motion passed on a vote of 16-0.
SECONDED:
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Excused
Jones
Excused
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
Yes
Tyler
Yes
Baumgardner
Yes
Final YES: 16 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS





04:50 PM



Representative Coram introduced and discussed Bill 6. This bill prohibits a local government from imposing inspection requirements or charging inspection fees for underground petroleum storage tanks. Representative Coram distributed a handout to the committee (Attachment K).



Attachment K - CWPMA.pdfAttachment K - CWPMA.pdf



















04:52 PM



Mr. Grier Bailey, representing the Colorado Wyoming Petroleum Marketers Association, came to the table to answer committee questions.

BILL: Bill 6
TIME: 04:57:10 PM
MOVED: Coram
MOTION: Move Bill 6 to Legislative Council. The motion passed on a vote of 15-2.
SECONDED:
VOTE
Becker J.
Yes
Buck
Yes
Carver
Yes
Cooke
Yes
Coram
Yes
Esgar
Excused
Jones
No
Kraft-Tharp
Yes
Melton
Yes
Mitsch Bush
Yes
Moreno
Yes
Neville P.
Yes
Nordberg
Yes
Scott
Yes
Todd
Yes
Winter
No
Tyler
Yes
Baumgardner
Yes
Final YES: 15 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS





05:03 PM



The committee adjourned.


The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details