C.R.S. Section 43-1-128
Environmental impacts of capacity projects

  • additional requirements
  • legislative declaration
  • definitions

(1)

The general assembly hereby finds and declares that:

(a)

Transportation capacity projects that are intended to alleviate traffic congestion, address mobility, and improve travel time reliability by increasing the capacity of highways in major transportation corridors can cause adverse environmental impacts, including but not limited to incremental acceleration of climate change, and adverse health impacts;

(b)

These impacts fall most heavily on communities adjacent to projects, including disproportionately impacted communities;

(c)

To minimize the adverse environmental and health impacts of planned transportation capacity projects and address inequitable distribution of the burdens of such projects, it is necessary, appropriate, and in the best interests of the state and all Coloradans to require the department and metropolitan planning organizations, which are the state’s primary transportation planning entities with responsibility for selecting and funding transportation capacity projects, to engage in an enhanced level of planning, modeling and other analysis, community engagement, and monitoring with respect to such projects as required by this section; and

(d)

The requirements of this section are in addition to and shall to the extent practicable be executed concurrently with, and do not supplant, any other requirements or processes, including federal safety and state of good repair requirements, for transportation planning, project prioritization, public outreach, project implementation, or transparency and accountability that are established by law, rule, or commission or department policy.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Air pollutant” has the same meaning as set forth in section 25-7-103 (1.5).

(b)

“Criteria pollutant” means carbon monoxide, ground-level ozone, lead, nitrogen dioxide, particulate matter, and sulfur dioxide.

(c)

“Disproportionately impacted community” has the meaning set forth in section 24-4-109 (2)(b)(II).

(d)

“Greenhouse gas pollutants” means anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride.

(e)

“Statewide greenhouse gas pollution” has the same meaning as set forth in section 25-7-103 (22.5).

(3)

Effective as of July 1, 2022, the department shall establish and propose to the commission for its review implementing procedures and guidelines that require the department and metropolitan planning organizations to take additional steps in the planning process for regionally significant transportation capacity projects to account for the impacts on the amount of statewide greenhouse gas pollution and statewide vehicle miles traveled that are expected to result from such projects. Such guidelines and procedures shall apply to adoption of the next ten-year plan and subsequent planning cycles and shall fully evaluate the potential environmental and health impacts on disproportionately impacted communities. The commission shall, with such modifications as the commission may make subject to the requirements of this section and with opportunities for public involvement, adopt the procedures and guidelines. At a minimum, both the proposed and adopted procedures and guidelines must require the department and metropolitan planning organizations to:

(a)

Implement relevant rules and regulations issued pursuant to section 25-7-105;

(b)

Otherwise reduce greenhouse gas emissions to help achieve the statewide greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g);

(c)

Modify their guidance documents to ensure that at least the same level of analytical scrutiny is given to greenhouse gas pollutants as is given to other air pollutants of concern in the state including consideration of the impact on emissions of greenhouse gas pollutants of induced demand resulting from regionally significant transportation capacity projects alongside traffic modeling; and

(d)

Consider the role of land use in the transportation planning process and develop strategies to encourage land use decisions that reduce vehicle miles traveled and greenhouse gas emissions.

(4)

If a planned transportation capacity project is a regionally significant project, as determined by the department with consideration given to federal law or regulations that define or describe such projects, the department shall, through its environmental study process:

(a)

Use federal environmental protection agency-approved models to determine air pollutant emission impacts for the planned project and provide monitoring and measurement of criteria pollutants prior to construction;

(b)

Develop and implement a particulate matter construction plan to provide continuous monitoring and transparent public reporting of concentrations, public alerts issued as soon as possible when exceedance events occur, and action plans to address emission levels on construction projects prior to exceedances, with particular focus on disproportionately impacted communities; and

(c)

Develop and implement a plan to mitigate air quality impacts on communities, including but not limited to disproportionately impacted communities adjacent to the project, with particular focus where feasible on mitigation of fine particulate matter pollution.

(5)

With the exception of the interstate highway 270 corridor improvement project, the requirements of subsections (4)(a) and (4)(c) of this section do not apply to any projects that have, on or before July 1, 2022, a signed record of decision, finding of no significant impact, or categorical exclusions as provided by the federal “National Environmental Policy Act of 1969”, 42 U.S.C. sec. 4321 et seq.

(6)

To promote transparency and increase both public participation and public confidence in regionally significant transportation capacity project selection, planning, and implementation in communities, including but not limited to disproportionately impacted communities, the department shall, with opportunity for public input, review, update, and improve as necessary its public engagement program for planned transportation capacity projects. In doing so, the department shall create diverse and impactful ways to gather input from communities across the state by communicating in multiple languages and multiple formats and transparently sharing readily understandable information about potential adverse impacts, including but not limited to environmental and health impacts, of potential transportation capacity projects.

Source: Section 43-1-128 — Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑1‑101
Legislative declaration 43‑1‑102
Definitions 43‑1‑103
Department created - executive director 43‑1‑104
Department divisions, sections, and units 43‑1‑105
Powers and duties of the executive director 43‑1‑106
Transportation commission - efficiency and accountability committee - powers and duties - rules - definitions 43‑1‑107
Duties of deputy director 43‑1‑108
Transfer of functions, employees, and property - contracts 43‑1‑109
Chief engineer 43‑1‑110
Powers and duties of the chief engineer - hearings - rule-making 43‑1‑111
Engineer to acquire property 43‑1‑112
Legal services 43‑1‑112.5
Establishment of annual allowable revenues and expenditures by general assembly 43‑1‑113
Funds - budgets - fiscal year - reports and publications 43‑1‑113.5
Creation and administration of transportation infrastructure revolving fund 43‑1‑114
Highway maintenance division - creation 43‑1‑115
Transportation data collection 43‑1‑116
Engineering, design, and construction division - created - duties - environmental justice and equity branch 43‑1‑117
Transportation development division - created - duties - freight mobility and safety branch - repeal 43‑1‑117.5
Transit and rail division - created - powers and duties - pilot project to expand transit - report - repeal 43‑1‑118
Employees - duties 43‑1‑119
Applications for licenses - authority to suspend licenses - rules 43‑1‑120
Bicycle and pedestrian policy - codification - legislative declaration 43‑1‑121
Interstate 70 mountain corridor - recommendation regarding short-term mobility solutions 43‑1‑122
Removal of graffiti from departmental facilities - memorandums of understanding 43‑1‑123
Project closure and project reporting requirements 43‑1‑124
Study of transportation commission districts 43‑1‑125
Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition 43‑1‑126
Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle 43‑1‑127
Registration of carpooling service internet applications - limitations - disclosure - definitions 43‑1‑128
Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions 43‑1‑129
Road usage charge study - report - repeal 43‑1‑130
Autonomous motor vehicles study - report - repeal 43‑1‑131
Transportation planning study - report - rules 43‑1‑201
Short title 43‑1‑202
Public highways or roads 43‑1‑202.5
Public rights in roads - transfer of right-of-way 43‑1‑202.7
Recording of documents vacating or abandoning a roadway 43‑1‑203
Definitions 43‑1‑204
State highway 43‑1‑205
Offices 43‑1‑207
Petition for acceptance of road as state highway 43‑1‑208
State highway - damages - eminent domain 43‑1‑209
Subsurface support deemed acquired 43‑1‑210
Acquisition and disposition of property - department of transportation renovation fund 43‑1‑210.5
Rights-of-way use by adjacent landowners 43‑1‑211
Department to acquire land - buildings 43‑1‑212
Department - rental agreements 43‑1‑213
Fees and taxes - not reduced 43‑1‑214
Property exempt from taxation 43‑1‑215
Agreements enforceable 43‑1‑216
Notices and tenders by mail 43‑1‑217
Inclusion of streets in highways 43‑1‑218
State and school lands 43‑1‑219
State highway fund - created - state supplementary fund - created 43‑1‑220
Sources of funds - assumption of obligations 43‑1‑221
Proceeds from sale of bonds 43‑1‑222
Cash available for small payments 43‑1‑223
Supervision of construction 43‑1‑224
Cooperation with federal departments 43‑1‑225
Power of transportation commission - relocation of utility facilities - payment of cost 43‑1‑226
Legislative declaration 43‑1‑227
Ten-year plan reporting requirements 43‑1‑401
Short title 43‑1‑402
Legislative declaration 43‑1‑403
Definitions 43‑1‑404
Advertising devices allowed - exception - legislative declaration 43‑1‑405
Informational sites authorized 43‑1‑406
Bonus areas 43‑1‑407
Permits 43‑1‑408
Application for permit - contents - rules 43‑1‑409
Permit term - renewal - fees 43‑1‑410
Denial or revocation of permit or renewal 43‑1‑411
Issuance of permits prohibited - when 43‑1‑412
Notice of noncompliance - removal authorized 43‑1‑413
Nonconforming advertising devices 43‑1‑414
Removal of nonconforming devices 43‑1‑415
Administration and enforcement - authority for agreements - rules 43‑1‑416
Local control of outdoor advertising devices 43‑1‑417
Violation and penalty 43‑1‑418
Outdoor advertising program cost recovery center 43‑1‑419
Scenic byways - Independence pass scenic area highway 43‑1‑420
Specific information signs and tourist-oriented directional signs authorized - rules 43‑1‑501
Legislative declaration 43‑1‑502
Definitions 43‑1‑503
Permits required - exceptions 43‑1‑504
Permits issued - when 43‑1‑505
Permit fees - expiration - renewal 43‑1‑506
Regulations 43‑1‑507
Judicial review 43‑1‑508
Violations - penalties 43‑1‑509
Screening - removal of existing junkyards 43‑1‑601
Transportation services for the elderly and for persons with disabilities 43‑1‑602
Department to promulgate rules 43‑1‑603
Participation of political subdivisions 43‑1‑701
Public transportation projects in nonurbanized areas 43‑1‑702
Rules and regulations 43‑1‑801
State rail plan - administration and implementation - local rail service assistance 43‑1‑802
Financing 43‑1‑803
Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition 43‑1‑901
Transit planning 43‑1‑902
Rules and regulations 43‑1‑1001
Urban mass transportation grants 43‑1‑1002
Rules and regulations 43‑1‑1101
Legislative declaration 43‑1‑1102
Definitions 43‑1‑1103
Transportation planning 43‑1‑1104
Transportation advisory committee 43‑1‑1105
Metropolitan planning commissions 43‑1‑1201
Definitions 43‑1‑1202
Department powers - definition 43‑1‑1203
Unsolicited and comparable proposals 43‑1‑1204
Public-private initiative agreement - definition 43‑1‑1205
Revenue - disposition - use 43‑1‑1206
Rules 43‑1‑1207
Applicability - public highway use by public and private entities 43‑1‑1209
Notice of investment opportunities 43‑1‑1301
Legislative declaration - intent 43‑1‑1302
Definitions 43‑1‑1303
Duties of the executive director - TLRC approval - property eligible for acquisition 43‑1‑1304
Notice of rail line or right-of-way availability 43‑1‑1305
Acquisition for state rail bank 43‑1‑1306
Disposition of state rail bank property 43‑1‑1307
Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way 43‑1‑1308
Recommendations and findings of the TLRC 43‑1‑1309
State rail bank fund - creation 43‑1‑1310
Effect of transfer of railroad rights-of-way 43‑1‑1311
Survey required - railroad track removal 43‑1‑1401
Legislative declaration 43‑1‑1402
Definitions 43‑1‑1403
Authority to use a design-build contract process 43‑1‑1404
Criteria 43‑1‑1405
Public notice procedures 43‑1‑1406
General procedures 43‑1‑1407
Stipulated fee 43‑1‑1408
Commission approval required 43‑1‑1409
Rule-making authority 43‑1‑1410
Utility relocation - legislative declaration 43‑1‑1411
Project specific utility relocation agreements 43‑1‑1412
Utility relocation delays 43‑1‑1501
Definitions 43‑1‑1502
Provision of retail and commercial goods and services at transfer facilities on department property 43‑1‑1503
Department transfer facilities - provision of retail and commercial goods and services 43‑1‑1504
Possessory interests in transfer facilities - taxation 43‑1‑1601
Safe routes to school program 43‑1‑1602
Federal funds 43‑1‑1603
Use of funds 43‑1‑1604
Rules
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Current through Fall 2024

§ 43-1-128’s source at colorado​.gov