First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
BILL 2 – DRAFT 9/6/24
LLS NO. 25-0231.02 Sarah Lozano x3858
INTERIM COMMITTEE BILL
Transportation Legislation Review Committee
BILL TOPIC: Increase Transp Mode Choice Reduce Emissions
A BILL FOR AN ACT
CONCERNING MEASURES TO INCREASE TRANSPORTATION MODE
CHOICE TO REDUCE EMISSIONS.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words indicate deletions from existing law.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill 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/.)
Transportation Legislation Review Committee. The bill requires the department of transportation (department), no later than October 31, 2025, to present a statewide mode choice assessment to the transportation legislation review committee, the transportation commission, and the Colorado energy office, which assessment must include recommendations for targets for 2030, 2035, 2040, 2045, and 2050 for the department, metropolitan planning organizations, and transit providers that provide public transit to a population of 100,000 individuals or more (subject transit provider) for the share of total trips within a specified geographic area completed using certain transportation methods (mode choice targets).
No later than June 1, 2026, using certain criteria, the department must adopt rules establishing mode choice targets. The department must reassess the mode choice targets before each statewide plan development cycle.
No later than October 31, 2026, and every 3 years thereafter, the department, in coordination with the metropolitan planning organizations, must present a report to the transportation legislation review committee that provides certain information about the mode choice targets and the entities’ plans to implement the mode choice targets (mode choice implementation plans).
No later than December 31, 2026, and every 5 years thereafter, the department, metropolitan planning organizations, subject transit providers, and local governments with a population of 25,000 individuals or more must each prepare a mode choice implementation plan, which must include certain information about the mode choice targets, a multimodal transportation gaps summary, and an analysis of certain projected greenhouse gas emissions.
The bill also allows:
- The nonattainment area air pollution mitigation enterprise to award grants for the development of mode choice implementation plans; and
- The multimodal transportation options fund to be used for the development of mode choice implementation plans.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 43-1-138 as follows:
43-1-138. Mode choice targets – mode choice implementation plans – grants – report – rules – definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) “DISPROPORTIONATELY IMPACTED COMMUNITY” HAS THE MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).
(b) “MODE CHOICE TARGET” MEANS THE SHARE OF TOTAL TRIPS WITHIN A SPECIFIED GEOGRAPHIC AREA COMPLETED USING BIKING, CARPOOLING, PUBLIC TRANSIT, SINGLE-OCCUPANCY VEHICLES, OR WALKING.
(c) “SUBJECT LOCAL GOVERNMENT” MEANS A HOME RULE OR STATUTORY CITY, COUNTY, OR CITY AND COUNTY WITHIN THE JURISDICTION OF A METROPOLITAN PLANNING ORGANIZATION WITH A POPULATION OF TWENTY-FIVE THOUSAND INDIVIDUALS OR MORE.
(d) “SUBJECT TRANSIT PROVIDER” MEANS A LOCAL OR REGIONAL TRANSPORTATION DISTRICT OR REGIONAL TRANSPORTATION AUTHORITY PROVIDING PUBLIC TRANSIT TO A POPULATION OF ONE HUNDRED THOUSAND INDIVIDUALS OR MORE.
(2) (a) NO LATER THAN OCTOBER 31, 2025, THE DEPARTMENT SHALL PRESENT A STATEWIDE MODE CHOICE ASSESSMENT THAT INCLUDES RECOMMENDATIONS FOR MODE CHOICE TARGETS FOR THE DEPARTMENT, METROPOLITAN PLANNING ORGANIZATIONS, AND SUBJECT TRANSIT PROVIDERS FOR 2030, 2035, 2040, 2045, AND 2050 TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE CREATED IN SECTION 43-2-145 (1)(a), THE COMMISSION, AND THE COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101 (1).
(b) NO LATER THAN JUNE 1, 2026, THE DEPARTMENT SHALL ADOPT RULES ESTABLISHING MODE CHOICE TARGETS FOR THE DEPARTMENT, METROPOLITAN PLANNING ORGANIZATIONS, AND SUBJECT TRANSIT PROVIDERS FOR 2030, 2035, 2040, 2045, AND 2050. IN ESTABLISHING THE MODE CHOICE TARGETS, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING CRITERIA:
(I) CURRENT MODE SHARE;
(II) POPULATION AND JOB DENSITY;
(III) CURRENT AND PROJECTED POPULATION AND JOB GROWTH;
(IV) TRANSIT PROPENSITY; AND
(V) OTHER RELEVANT CRITERIA DETERMINED BY THE DEPARTMENT.
(c) THE DEPARTMENT SHALL ESTABLISH THE MODE CHOICE TARGETS TO:
(I) IN CONJUNCTION WITH OTHER STRATEGIES, ADDRESS:
(A) THE GAP IN MEETING THE 2030 GREENHOUSE GAS EMISSION REDUCTION TARGET FOR THE TRANSPORTATION SECTOR ESTABLISHED BY THE AIR QUALITY CONTROL COMMISSION BY RULE; AND
(B) THE TRANSPORTATION SECTOR’S PORTION OF THE STATEWIDE GREENHOUSE GAS EMISSION REDUCTION TARGETS FOR 2035, 2040, 2045, AND 2050 DESCRIBED IN SECTION 25-7-102 (2)(g);
(II) REDUCE THE TRANSPORTATION COST BURDEN FOR INCOME-QUALIFIED COLORADANS BY IMPROVING ACCESS TO AFFORDABLE TRANSPORTATION OPTIONS, INCLUDING IN DISPROPORTIONATELY IMPACTED COMMUNITIES;
(III) IMPROVE MOBILITY AND ACCESS TO JOBS AND SERVICES FOR COLORADANS WHO ARE UNABLE TO DRIVE OR DO NOT HAVE ACCESS TO A VEHICLE; AND
(IV) IMPROVE SAFETY FOR VULNERABLE ROAD USERS.
(d) THE DEPARTMENT SHALL REASSESS THE MODE CHOICE TARGETS BEFORE EACH STATEWIDE PLAN DEVELOPMENT CYCLE PURSUANT TO SECTION 43-1-1103.
(e) THE DEPARTMENT MAY CONSIDER INCLUDING ADDITIONAL TARGETS TO INCREASE MODE CHOICE THROUGH LAND USE STRATEGIES THAT PLACE HOUSING CLOSER TO JOBS, PUBLIC TRANSIT, SERVICES, AND OTHER DESTINATIONS.
(f) LOCAL GOVERNMENTS AND LOCAL OR REGIONAL TRANSPORTATION DISTRICTS AND REGIONAL TRANSPORTATION AUTHORITIES THAT ARE NOT SUBJECT TRANSIT PROVIDERS MAY COORDINATE WITH THE DEPARTMENT TO ESTABLISH MODE CHOICE TARGETS FOR THE APPLICABLE ENTITY’S AREA.
(g) NO LATER THAN OCTOBER 31, 2026, AND EVERY THREE YEARS THEREAFTER, THE DEPARTMENT, IN COORDINATION WITH THE METROPOLITAN PLANNING ORGANIZATIONS, SHALL PRESENT A REPORT TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE THAT PROVIDES:
(I) THE MODE CHOICE TARGETS FOR THE DEPARTMENT, METROPOLITAN PLANNING ORGANIZATIONS, SUBJECT TRANSIT PROVIDERS, AND OTHER ENTITIES THAT HAVE ESTABLISHED MODE CHOICE TARGETS PURSUANT TO SUBSECTION (2)(f) OF THIS SECTION;
(II) A SUMMARY OF THE MODELING USED TO DEVELOP THE MODE CHOICE TARGETS;
(III) AN ANALYSIS OF THE PROGRESS TOWARD MEETING THE MODE CHOICE TARGETS; AND
(IV) A SUMMARY OF THE MODE CHOICE IMPLEMENTATION PLANS THAT HAVE BEEN PREPARED PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION.
(h) THE DEPARTMENT, METROPOLITAN PLANNING ORGANIZATIONS, SUBJECT TRANSIT PROVIDERS, AND OTHER ENTITIES THAT HAVE ESTABLISHED MODE CHOICE TARGETS PURSUANT TO SUBSECTION (2)(f) OF THIS SECTION SHALL USE THE APPLICABLE ENTITY’S MODE CHOICE TARGETS TO INFORM STATE AND REGIONAL TRANSPORTATION PLANS, TRANSPORTATION IMPROVEMENT PROGRAMS, AND TRANSIT SERVICE PLANS.
(3) (a) NO LATER THAN DECEMBER 31, 2026, AND EVERY FIVE YEARS THEREAFTER, THE DEPARTMENT AND EACH METROPOLITAN PLANNING ORGANIZATION, SUBJECT TRANSIT PROVIDER, AND SUBJECT LOCAL GOVERNMENT SHALL PREPARE A MODE CHOICE IMPLEMENTATION PLAN, WHICH MUST INCLUDE, AT A MINIMUM:
(I) IF APPLICABLE, THE APPLICABLE ENTITY’S MODE CHOICE TARGETS ESTABLISHED BY THE DEPARTMENT PURSUANT TO SUBSECTION
(2)(b) OF THIS SECTION AND A DESCRIPTION OF THE APPLICABLE ENTITY’S CURRENT AND FUTURE POLICIES AND PROGRAMS DESIGNED TO MEET THE MODE CHOICE TARGETS, INCLUDING IMPLEMENTATION TIMELINES FOR THE POLICIES AND PROGRAMS;
(II) A MULTIMODAL TRANSPORTATION GAPS SUMMARY THAT DESCRIBES THE APPLICABLE ENTITY’S CURRENT MULTIMODAL TRANSPORTATION NETWORK; THE GAPS IN PEDESTRIAN, BICYCLE, AND TRANSIT NETWORKS; AND A LIST OF PROPOSED PROJECTS TO FILL THE GAPS, INCLUDING ESTIMATED COSTS OF THE PROPOSED PROJECTS;
(III) USING THE DEPARTMENT’S POLICY DIRECTIVE CONCERNING GREENHOUSE GAS MITIGATION MEASURES, EFFECTIVE MAY 19, 2022, AN ANALYSIS OF PROJECTED GREENHOUSE GAS EMISSION REDUCTIONS RESULTING FROM THE PROPOSED PROJECTS DESCRIBED IN SUBSECTION (3)(a)(II) OF THIS SECTION AND, IF APPLICABLE, FROM THE POLICIES AND PROGRAMS DESCRIBED IN SUBSECTION (3)(a)(I) OF THIS SECTION; AND
(IV) OTHER REQUIREMENTS DETERMINED BY THE DEPARTMENT BY RULE.
(b) THE DEPARTMENT SHALL POST THE MODE CHOICE IMPLEMENTATION PLANS ON THE DEPARTMENT’S WEBSITE.
(c) THE NONATTAINMENT AREA AIR POLLUTION MITIGATION ENTERPRISE CREATED IN SECTION 43-4-1303 (1) MAY AWARD GRANTS PURSUANT TO SECTION 43-4-1303 (9) TO METROPOLITAN PLANNING ORGANIZATIONS, SUBJECT TRANSIT PROVIDERS, AND SUBJECT LOCAL GOVERNMENTS THAT QUALIFY AS AN ELIGIBLE ENTITY PURSUANT TO SECTION 43-4-1302 (9) FOR THE DEVELOPMENT OF MODE CHOICE IMPLEMENTATION PLANS.
SECTION 2. In Colorado Revised Statutes, 43-4-1102, amend (5) as follows:
43-4-1102. Definitions. As used in this part 11, unless the context otherwise requires:
(5) “Multimodal projects” means capital or operating costs for fixed route and on-demand transit, transportation demand management programs, THE PREPARATION OF MODE CHOICE IMPLEMENTATION PLANS PURSUANT TO SECTION 43-1-138 (3)(a), multimodal mobility projects enabled by new technology, multimodal transportation studies, modeling tools, greenhouse gas mitigation projects, and bicycle or pedestrian projects.
SECTION 3. Act subject to petition – effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V 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 by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.