Legislative Committee – Oct. 7, 2024: Transportation Legislation Review Committee bills, Paratransit Services


First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO

BILL 6 – DRAFT 9/6/24

LLS NO. 25-0235.02 Rebecca Bayetti x4348

INTERIM COMMITTEE BILL


Transportation Legislation Review Committee


BILL TOPIC: Paratransit Services


A BILL FOR AN ACT

CONCERNING PARATRANSIT SERVICES.


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. Beginning on January 1, 2026, the bill imposes the following duties on any political subdivision of the state, public entity, or nonprofit corporation that provides paratransit services in the state, in addition to those duties otherwise provided by law:

  • To establish, in coordination with local public entities providing emergency services, a plan to communicate information and provide paratransit services during emergencies;
  • To ensure that fare collection technology for paratransit services is comparable to that offered for regular or fixed route services; and
  • Before reducing the service area for paratransit services, to consult with affected community members and conduct an impact analysis.

The bill also creates the paratransit task force (task force). The purpose of the task force is to study and make recommendations regarding the standardization of and best practices for paratransit services in the state. The task force consists of 16 members as follows:

  • 3 legislative members, jointly appointed by the president of the senate and the speaker of the house of representatives, with 2 members of the majority party and one member of the minority party;
  • 4 members representing disability advocacy organizations, with one member appointed by and from each of the following organizations:
    • Atlantis Community, Inc.;
    • American Disabled for Attendant Programs Today;
    • The Colorado Cross-Disability Coalition; and
    • The National Federation of the Blind;
  • 5 members representing transit organizations, with one member appointed by and from each of the following
  • organizations:
    • The department of transportation;
    • The Colorado Association of Transit Agencies;
    • The regional transportation district;
    • AARP; and
    • The Denver regional council of governments;
  • One member representing a private company that partners with a transit agency to provide paratransit services;
  • One member representing the Colorado disability opportunity office;
  • One member determined by the governor to enhance and expand the expertise of the task force, appointed by the governor; and
  • The lieutenant governor or the lieutenant governor’s designee.

The task force is required to meet at least 3 times in 2025 to study and make recommendations on the standardization of and best practices for paratransit services in the state. On or before October 15, 2025, the task force must submit a report to the transportation legislation review committee that includes a summary of the work accomplished by the task force and any recommendations to the general assembly concerning

matters studied by the task force. The department of transportation must include a summary of the report and the recommendations of the task force in its annual presentation to the general assembly in January 2026.


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

SECTION 1. In Colorado Revised Statutes, add 43-1-604 and 43-1-605 as follows:

43-1-604. Paratransit services – duties – definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) “EMERGENCY” MEANS:

(I) A FIRE, RESCUE CALL, OR HAZARDOUS MATERIALS INCIDENT;

(II) A NATURAL OR HUMAN-CAUSED DISASTER SUCH AS AN EARTHQUAKE, WILDFIRE, FLOOD, OR SEVERE WEATHER EVENT; OR

(III) AN INCIDENT REASONABLY DETERMINED TO BE AN EMERGENCY BY A PUBLIC ENTITY PROVIDING EMERGENCY SERVICES.

(b) “PARATRANSIT SERVICES” MEANS COMPLEMENTARY PARALLEL TRANSIT SERVICES FOR INDIVIDUALS WITH DISABILITIES WHO ARE UNABLE TO UTILIZE REGULAR OR FIXED ROUTE TRANSIT SERVICES FOR SOME OR ALL OF THEIR TRANSIT NEEDS.

(c) “PUBLIC ENTITY PROVIDING EMERGENCY SERVICES” MEANS ANY POLITICAL SUBDIVISION OF THE STATE OR AGENCY OF A POLITICAL SUBDIVISION OF THE STATE THAT RESPONDS IN A PROFESSIONAL CAPACITY TO AN EMERGENCY, INCLUDING A LAW ENFORCEMENT AGENCY, FIRE DEPARTMENT, OR FIRE PROTECTION DISTRICT.

(d) “TRANSIT AGENCY” MEANS ANY POLITICAL SUBDIVISION OF THE STATE, PUBLIC ENTITY, OR NONPROFIT CORPORATION THAT PROVIDES PARATRANSIT SERVICES IN THE STATE.

(2) (a) EACH TRANSIT AGENCY HAS THE FOLLOWING DUTIES RELATED TO ACCESSIBILITY AND PARATRANSIT SERVICES, IN ADDITION TO THOSE DUTIES OTHERWISE PROVIDED BY LAW:

(I) ON AND AFTER JANUARY 1, 2026, IN COORDINATION WITH LOCAL PUBLIC ENTITIES PROVIDING EMERGENCY SERVICES, ESTABLISH A PLAN TO COMMUNICATE INFORMATION AND PROVIDE PARATRANSIT SERVICES DURING EMERGENCIES;

(II) ON AND AFTER JANUARY 1, 2026, ENSURE THAT FARE COLLECTION TECHNOLOGY FOR PARATRANSIT SERVICES IS COMPARABLE TO THAT OFFERED FOR REGULAR OR FIXED ROUTE SERVICES; AND

(III) ON AND AFTER JANUARY 1, 2026, BEFORE REDUCING THE SERVICE AREA FOR PARATRANSIT SERVICES, CONSULT WITH AFFECTED COMMUNITY MEMBERS AND CONDUCT AN IMPACT ANALYSIS THAT:

(A) IDENTIFIES THE NUMBER OF EXISTING PARATRANSIT SERVICE USERS WHO WILL BE IMPACTED BY THE PROPOSED REDUCTION;

(B) ESTIMATES THE TOTAL NUMBER OF INDIVIDUALS RESIDING IN THE AREA IMPACTED BY THE PROPOSED REDUCTION;

(C) ASSESSES ALTERNATIVE TRANSIT OPTIONS IN THE AREA IMPACTED BY THE PROPOSED REDUCTION;

(D) ASSESSES THE SUSTAINABILITY OF PARATRANSIT FUNDING AND THE POTENTIAL FOR INCREASED FUNDING; AND

(E) EVALUATES THE USE OF DIFFERENT VEHICLES FOR DIFFERENT PASSENGER AND TRANSIT NEEDS.

(b) EACH TRANSIT AGENCY SHALL MONITOR COMPLIANCE WITH THE DUTIES SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION.

43-1-605. Paratransit task force – creation – membership – meetings – report – definitions – repeal. (1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) “PARATRANSIT SERVICES” MEANS COMPLEMENTARY PARALLEL
TRANSIT SERVICES FOR INDIVIDUALS WITH DISABILITIES WHO ARE UNABLE
TO UTILIZE REGULAR OR FIXED ROUTE TRANSIT SERVICES FOR SOME OR ALL
OF THEIR TRANSIT NEEDS.

(b) “STUDY” MEANS THE STUDY ON THE STANDARDIZATION OF AND BEST PRACTICES FOR PARATRANSIT SERVICES CONDUCTED PURSUANT TO SUBSECTION (3) OF THIS SECTION.

(c) “TASK FORCE” MEANS THE PARATRANSIT TASK FORCE CREATED IN THIS SECTION.

(2) Membership and meetings. (a) NOTWITHSTANDING SECTION 2-3-303.3, THERE IS CREATED THE PARATRANSIT TASK FORCE. THE PURPOSE OF THE TASK FORCE IS TO STUDY AND MAKE RECOMMENDATIONS ON THE STANDARDIZATION OF AND BEST PRACTICES FOR PARATRANSIT SERVICES IN THE STATE.

(b) THE TASK FORCE CONSISTS OF SIXTEEN MEMBERS AS FOLLOWS:

(I) THREE LEGISLATIVE MEMBERS, JOINTLY APPOINTED BY THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, WITH TWO MEMBERS OF THE MAJORITY PARTY AND ONE MEMBER OF THE MINORITY PARTY;

(II) FOUR MEMBERS REPRESENTING DISABILITY ADVOCACY ORGANIZATIONS, WITH ONE MEMBER APPOINTED BY AND FROM EACH OF THE FOLLOWING ORGANIZATIONS:

(A) ATLANTIS COMMUNITY, INC.;

(B) AMERICAN DISABLED FOR ATTENDANT PROGRAMS TODAY;

(C) THE COLORADO CROSS-DISABILITY COALITION; AND

(D) THE NATIONAL FEDERATION OF THE BLIND;

(III) FIVE MEMBERS REPRESENTING TRANSIT ORGANIZATIONS, WITH ONE MEMBER APPOINTED BY AND FROM EACH OF THE FOLLOWING ORGANIZATIONS:

(A) THE DEPARTMENT OF TRANSPORTATION;

(B) THE COLORADO ASSOCIATION OF TRANSIT AGENCIES;

(C) THE REGIONAL TRANSPORTATION DISTRICT ESTABLISHED IN ARTICLE 9 OF TITLE 32;

(D) AARP; AND

(E) THE DENVER REGIONAL COUNCIL OF GOVERNMENTS;

(IV) ONE MEMBER REPRESENTING A PRIVATE COMPANY THAT PARTNERS WITH A TRANSIT AGENCY TO PROVIDE PARATRANSIT SERVICES;

(V) ONE MEMBER REPRESENTING THE COLORADO DISABILITY OPPORTUNITY OFFICE CREATED IN PART 1 OF ARTICLE 88 OF TITLE 8;

(VI) ONE MEMBER DETERMINED BY THE GOVERNOR TO ENHANCE AND EXPAND THE EXPERTISE OF THE TASK FORCE, APPOINTED BY THE GOVERNOR; AND

(VII) THE LIEUTENANT GOVERNOR OR THE LIEUTENANT GOVERNOR’S DESIGNEE.

(c) (I) THE APPOINTING AUTHORITIES SHALL MAKE THE APPOINTMENTS DESCRIBED IN SUBSECTION (2) OF THIS SECTION NO LATER THAN JUNE 15, 2025.

(II) THE LIEUTENANT GOVERNOR, OR THE LIEUTENANT GOVERNOR’S DESIGNEE, SHALL SERVE AS THE CHAIR OF THE TASK FORCE AND THE MEMBER REPRESENTING THE COLORADO DISABILITY OPPORTUNITY OFFICE SHALL SERVE AS THE VICE-CHAIR OF THE TASK FORCE.

(III) EACH MEMBER OF THE TASK FORCE SERVES AT THE PLEASURE OF THE APPOINTING AUTHORITY. THE TERM OF APPOINTMENT IS FOR THE DURATION OF THE TASK FORCE’S EXISTENCE.

(IV) IF A VACANCY OCCURS ON THE TASK FORCE FOR ANY REASON, THE ORIGINAL APPOINTING AUTHORITY SHALL APPOINT AN INDIVIDUAL WHO MEETS THE REQUIREMENTS OF THE VACANT POSITION TO FILL THE VACANCY AS SOON AS POSSIBLE AFTER THE VACANCY OCCURS.

(d) (I) EACH LEGISLATIVE MEMBER OF THE TASK FORCE IS ENTITLED TO RECEIVE PAYMENT OF PER DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES AS AUTHORIZED IN SECTION 2-2-326.

(II) EACH NONLEGISLATIVE MEMBER OF THE TASK FORCE SERVES WITHOUT COMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FOR ACTUAL AND NECESSARY TRAVEL EXPENSES INCURRED IN THE PERFORMANCE OF THE MEMBER’S DUTIES ON THE TASK FORCE.

(e) MEMBERS OF THE TASK FORCE MAY PARTICIPATE REMOTELY IN TASK FORCE MEETINGS AND OTHER ACTIVITIES.

(f) THE CHAIR AND VICE-CHAIR OF THE TASK FORCE SHALL CONVENE THE FIRST MEETING OF THE TASK FORCE NO LATER THAN SEPTEMBER 1, 2025. THE TASK FORCE SHALL MEET AT LEAST THREE TIMES IN 2025 TO COMPLETE THE DUTIES SPECIFIED IN SUBSECTION (3) OF THIS SECTION. THE CHAIR MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE TASK FORCE TO COMPLETE ITS DUTIES.

(g) THE LEGISLATIVE COUNCIL STAFF AND THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL BE AVAILABLE TO ASSIST THE TASK FORCE IN CARRYING OUT ITS DUTIES.

(3) Study and report. (a) THE PURPOSE OF THE TASK FORCE IS TO STUDY AND MAKE RECOMMENDATIONS ON THE STANDARDIZATION OF AND BEST PRACTICES FOR PARATRANSIT SERVICES IN THE STATE.

(b) IN COMPLETING THE STUDY REQUIRED BY THIS SUBSECTION (3), THE TASK FORCE SHALL, AT A MINIMUM:

(I) IDENTIFY BEST PRACTICES FOR PARATRANSIT SERVICES IN THE STATE;

(II) EXAMINE SOLUTIONS TO INCREASE CONTINUITY IN PARATRANSIT SERVICES OFFERED ACROSS SERVICE AREAS;

(III) ASSESS THE SUSTAINABILITY OF PARATRANSIT FUNDING AND THE POTENTIAL FOR INCREASED FUNDING; AND

(IV) EVALUATE THE USE OF DIFFERENT VEHICLES FOR DIFFERENT PASSENGER AND TRANSIT NEEDS.

(c) (I) ON OR BEFORE OCTOBER 15, 2025, THE TASK FORCE SHALL SUBMIT A REPORT TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE THAT INCLUDES A SUMMARY OF THE WORK ACCOMPLISHED BY THE TASK FORCE, THE FINDINGS OF THE STUDY, AND ANY RECOMMENDATIONS TO THE GENERAL ASSEMBLY CONCERNING MATTERS STUDIED BY THE TASK FORCE.

(II) THE DEPARTMENT OF TRANSPORTATION SHALL INCLUDE A SUMMARY OF THE REPORT AND RECOMMENDATIONS IN ITS ANNUAL PRESENTATION TO THE GENERAL ASSEMBLY IN JANUARY 2026.

(4) Repeal. THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.

SECTION 2. 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.