(1) If a constitutional amendment is adopted at the 2024 statewide general election that requires, among other things, voter approval of fees assessed for the purpose of, or that may be used for, funding mass transportation such as bus, light rail, high-speed rail, passenger rail, or fixed rail projects, such as the production fee for clean transit imposed pursuant to section 43-4-1204, the production fee for wildlife and land remediation imposed pursuant to section 33-61-103, and the congestion impact fee imposed pursuant to section 43-4-806 (7.6), the following provisions apply:(a) Absent voter approval required by the constitutional amendment described in this subsection (1), a fee to which the constitutional amendment would otherwise apply must be assessed to fund only the types of surface transportation infrastructure for which the fee is already authorized; except that the fee shall not be assessed and used for mass transportation such as bus, light rail, high-speed rail, passenger rail, or fixed rail projects.(b) As used in the constitutional amendment described in this subsection (1) and in this subsection (1): (I) 'Mass transportation such as bus, light rail, high-speed nger rail, or fixed rail projects.(b) As used in the constitutional amendment described in this subsection (1) and in this subsection (1): (I) 'Mass transportation such as bus, light rail, high-speed rail, passenger rail, or fixed rail projects' means any bus, light rail, high-speed rail, passenger rail, or fixed rail projects that are capital projects and that involve construction or acquisition of new infrastructure.(II) 'Mass transportation such as bus, light rail, high-speed rail, passenger rail, or fixed rail projects' does not include:(A) Roads, highways, bridges, and any other surface transportation infrastructure on which motor vehicles operate, including infrastructure on which motor vehicles operate that has mass transportation components or benefits mass transportation ridership, including dedicated bus lanes that operate on highways, rail lines that operate within a highway right-of-way, and parking structures within a highway right-of-way that serve mass transit riders; or(B) Mass transit operations costs, including maintenance, facilities upkeep, staff salaries and wages, and related operations expenses.(2) If a constitutional amendment that requires, among other ; or(B) Mass transit operations costs, including maintenance, facilities upkeep, staff salaries and wages, and related operations expenses.(2) If a constitutional amendment that requires, among other things, voter approval of fees assessed for the purpose of funding mass transportation such as bus, light rail, high-speed rail, passenger rail, or fixed rail projects is not adopted at the 2024 statewide general election, this section is repealed, effective June 30, 2025.Added by 2024 Ch. 184,§ 11, eff. 5/16/2024.Section 15(2)(a) of chapter 184 (SB 24-230), Session Laws of Colorado 2024, provides that the act adding this section takes effect only if SB 24-184 becomes law and takes effect upon passage. SB 24-184 became law and took effect May 16, 2024.
Colorado Legal Code