§ 7-45-105 — Planning standards and project review

(1) A preexisting or new
toll road or toll highway company shall not commence the construction of a toll
road or toll highway or of any other element of a toll road or toll highway project
until the toll road or toll highway or other element has been reviewed by every
metropolitan planning organization or regional planning commission that is located
in whole or in part within the three-mile corridor designated by the preexisting toll
road or toll highway company as required by section 7-45-101 (1) before June 2,
2008, or that is located in whole or in part within the proposed route of the toll road
or toll highway proposed by the new toll road or toll highway company and has
been included in the regional transportation plan in effect for the region pursuant
to section 43-1-1103, C.R.S., and in the comprehensive statewide transportation plan
required pursuant to section 43-1-1103 (5), C.R.S. In designated nonattainment
areas for any pollutant pursuant to the federal Clean Air Act, 42 U.S.C. sec. 7401
et seq., as amended, a metropolitan planning organization or regional planning
commission shall not include a toll road or toll highway project in the regional
transportation plan unless the organization or commission has performed an
emissions analysis that demonstrates that regional emissions and local project
emissions will continue to conform to the state implementation plan if the project is
added to the regional transportation plan. The toll road or toll highway company
shall pay the reasonable actual costs for the emissions analysis. Each organization
or commission may condition its addition of a toll road or toll highway project into
the regional transportation plan upon acceptable environmental mitigation
activities and commitments to offset incremental costs of public services that will
be necessary as a result of development of the project within the planning region.

(2) At least thirty days before a metropolitan planning organization or
regional planning commission may amend its regional transportation plan pursuant
to subsection (1) of this section, a toll road or toll highway company shall provide
the organization or commission information on the toll road or toll highway project
being considered for addition to the plan that includes the final environmental
documentation required by section 7-45-106 (1)(b)(IV), the operating plan for the
project, the technology to be utilized, an assessment of project feasibility, and an
assessment of the long-term viability of the project.

(3) (a) At the discretion of a metropolitan planning organization or regional
planning commission, a regional plan may initially be amended to include only
environmental and preconstruction activities, excluding right-of-way acquisition,
relating to a toll road or toll highway project and may later be amended to include
actual construction and right-of-way acquisition of the project following agreement
by the metropolitan planning organization or regional planning commission that
acceptable environmental mitigation activities and commitments to offset
incremental costs of public services are included in the project plans.

(b) Upon request of a local government located in whole or in part within the
three-mile corridor of a proposed toll road or toll highway or toll road or toll
highway project specified and mapped by a preexisting toll road or toll highway
company in its filed formation document as required by section 7-45-101 (1) before
June 2, 2008, or located in whole or in part within the proposed route of a toll road
or toll highway proposed by a new toll road or toll highway company, a preexisting
or new toll road or toll highway company shall consult with representatives from
the local government and shall consider available mitigation of demonstrable
negative impacts on the local government or its citizens that would result from the
construction, operation, or financing of the toll road or toll highway or project.

Legislative History

Source: L. 2006: Entire article R&RE, p. 1763, � 1, effective June 6. L. 2008: (1) and (3)(b) amended, p. 1709, � 5, effective June 2.