Colorado Code § 43-4-802

Legislative declaration
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(1) The general assembly hereby finds and declares
that:
(a) The continued prosperity of the state and its citizens requires a safe, well-maintained,
integrated, multimodal, and sustainable surface transportation system that is accessible in all
parts of the state and that allows efficient movement of people, goods, and information;
(b) The primary funding sources dedicated for surface transportation, state and federal
motor fuel taxes, are flat rate per gallon taxes that have lost and will continue to lose much of
their purchasing power because they are not indexed to inflation, have not been increased in
nearly two decades, and generate less revenue per vehicle mile traveled as motor vehicles
become more fuel efficient;
(c) Due to the decline in the purchasing power of the revenues generated by the state and
federal motor fuel taxes, the state and local governments have been unable to maintain, repair,
reconstruct, operate, and improve surface transportation infrastructure in a strategic, timely, and
efficient manner, which has already caused many bridges in the state to become structurally
deficient or functionally obsolete and worsened the condition of road surfaces, delayed capacity
expansion projects, and increased traffic congestion and greenhouse gas emissions; and
(d) Because this decline in purchasing power is ongoing and becomes more severe with
each passing year, the state and local governments will continue to be unable to maintain, repair,
reconstruct, operate, and improve surface transportation infrastructure in a strategic, timely, and
efficient manner, and the safety, efficiency, and environmental impact of the state's surface
transportation system will worsen more quickly in the future if sufficient and sustainable funding
sources for surface transportation cannot be found.
(2) The general assembly further finds and declares that:
(a) The national and state economic recession and attendant rise in unemployment
represent additional short- to medium-term challenges for the state and all Coloradans;
(b) There is an urgent present need to repair and replace structurally deficient and
functionally obsolete bridges and improve highway safety in the state;
(c) Increasing funding for designated bridge projects, preventative maintenance bridge
projects, tunnel projects, and road safety projects in the short- and medium-term through the
imposition of bridge and road safety surcharges, a bridge and tunnel impact fee, and other new
fees at rates reasonably calculated based on the benefits received by the persons paying the fees
will not only provide funding to complete the projects but will also accelerate the state's
economic recovery by increasing bridge, tunnel, and road construction, repair, reconstruction,
and maintenance activity, as well as related economic activity, and by employing significant
numbers of Coloradans;
(d) The creation of a statewide bridge and tunnel enterprise authorized to complete
designated bridge projects, preventative maintenance bridge projects, and tunnel projects, to
impose a bridge safety surcharge and a bridge and tunnel impact fee and issue revenue bonds,
and, if required approvals are obtained, to contract with the state to receive one or more loans of
money received by the state under the terms of one or more financed purchase of an asset or
certificate of participation agreements authorized by this part 8 and to use the revenues generated
by the bridge safety surcharge and the bridge and tunnel impact fee to repay any such loan or
loans, will improve the safety and efficiency of the state transportation system by allowing the
state to accelerate the repair, reconstruction, and replacement of structurally deficient,
functionally obsolete, and rated as poor bridges, to perform preventative maintenance on bridges
rated as fair and good, and to repair, maintain, and more safely operate tunnels;
(e) The creation of a high-performance transportation enterprise with the authority and
mission to seek out opportunities for innovative and efficient means of financing other important
surface transportation infrastructure projects will ensure that such projects are also properly
prioritized and accelerated; and
(f) Granting the bridge enterprise and the transportation enterprise both responsibility for
the completion, respectively, of designated bridge projects, preventative maintenance bridge
projects, and tunnel projects and other important surface transportation projects and the
flexibility to execute their respective missions in a variety of innovative ways will ensure that
available resources for such projects are efficiently and effectively leveraged so that both the
projects and the state's economic recovery can be completed as quickly as possible.
(3) The general assembly further finds and declares that:
(a) While it is necessary, appropriate, and in the best interests of the state to fund
designated bridge projects, preventative maintenance bridge projects, tunnel projects, and
highway safety projects and stimulate economic recovery in the short- and medium-term, the
state must also develop a long-term strategy to provide sustainable long-term revenue streams
dedicated for the construction of important surface transportation infrastructure projects and the
continuing maintenance, repair, and reconstruction of the statewide surface transportation system
that will:
(I) Allow both the state and local governments to maintain, repair, reconstruct, and
improve their transportation infrastructure in a strategic, timely, and efficient manner; and
(II) Provide the state and local governments with the resources and flexibility to explore
and invest in modern multimodal and demand-side transportation solutions that will help reduce
traffic congestion and greenhouse gas emissions;
(b) The specification of additional policies to be considered at all stages of the statewide
transportation planning process and the establishment of an efficiency and accountability
committee within the department of transportation will help to ensure that transportation
planning is thorough, integrated, and strategic and that all funding dedicated for surface
transportation is expended effectively.

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