(1) As used in this section, unless the context otherwise requires:
(a) Capital construction fund means the capital construction fund created
in section 24-75-302.
(b) Repealed.
(c) Funds means the highway users tax fund and the capital construction
fund.
(d) Highway users tax fund means the highway users tax fund created in
section 43-4-201, C.R.S.
(e) and (f) Repealed.
(g) Multimodal transportation and mitigation options fund means the
multimodal transportation and mitigation options fund created in section 43-4-1103
(1).
(g.5) Revitalizing main streets program means the department of
transportation's grant program to support communities across the state as they
build and improve multimodal infrastructure in a way that safely connects
Coloradans to the community-focused downtowns where they live, work, dine, and
shop.
(h) State highway fund means the state highway fund created in section
43-1-219.
(2) to (5) Repealed.
(6) On March 19, 2021, the state treasurer shall transfer thirty million dollars
from the general fund to the state highway fund for the purpose of providing
additional funding for the revitalizing main streets and safer main streets programs
of the department of transportation.
(7) In addition to any other transfers required by this section:
(a) On June 30, 2021, from the money that the state received from either the
federal coronavirus state fiscal recovery fund under section 9901 of title IX, subtitle
M of the federal American Rescue Plan Act of 2021, Pub.L. 117-2, which is eligible
to be used as specified in section 602 (c)(I)(C) of said section 9901, or from the
general fund, as specified, the state treasurer shall transfer:
(I) One hundred eighty-two million one hundred sixty thousand dollars from
money the state received from the federal coronavirus state fiscal recovery fund to
the state highway fund. Of this amount, twenty-two million one hundred sixty
thousand dollars is for the purpose of providing additional funding for the
revitalizing main streets program and five hundred thousand dollars is for the
purpose of acquiring, planning the development of, or developing the Burnham Yard
rail property in Denver. Any money that is transferred from the ARPA refinance
state money cash fund to the state highway fund pursuant to section 24-75-226.5
to refinance money that was transferred to the state highway fund pursuant to this
subsection (7)(a)(I) must be spent for the same purposes as the refinanced money,
as set forth in this subsection (7)(a)(I).
(II) One hundred sixty-one million three hundred forty thousand dollars from
money the state received from the federal coronavirus state fiscal recovery fund to
the multimodal transportation and mitigation options fund; and
(III) Thirty-six million five hundred thousand dollars from the general fund to
the highway users tax fund.
(b) On July 1, 2021, the state treasurer shall transfer one hundred seventy
million dollars from the general fund to the state highway fund.
(b.5) On July 1, 2022, the state treasurer shall transfer:
(I) Forty-seven million one hundred thousand dollars from the general fund
to the state highway fund; and
(II) Thirty-one million four hundred thousand dollars from the general fund to
the highway users tax fund.
(c) On each July 1 from July 1, 2024, through July 1, 2031, the state treasurer
shall transfer:
(I) Ten million five hundred thousand dollars from the general fund to the
multimodal transportation and mitigation options fund; and
(II) Repealed.
(d) (I) On July 1, 2025, the state treasurer shall transfer thirty-two million two
hundred thousand dollars from the general fund to the state highway fund;
(II) On July 1, 2026, the state treasurer shall transfer fifty million five hundred
thousand dollars from the general fund to the state highway fund;
(III) On each July 1 from July 1, 2027, through July 1, 2031, the state treasurer
shall transfer one hundred million dollars from the general fund to the state
highway fund; and
(IV) On July 1, 2032, the state treasurer shall transfer sixty-four million eight
hundred thousand dollars from the general fund to the state highway fund.
(e) The department of transportation shall expend ten million dollars of each
transfer from the general fund to the state highway fund made pursuant to
subsection (7)(d)(I), (7)(d)(II), or (7)(d)(III) of this section from July 1, 2025, through
July 1, 2028, solely to mitigate the environmental and health impacts of increased
air pollution from motor vehicle emissions in nonattainment areas by funding
projects that reduce vehicle miles traveled or that directly reduce air pollution.
(f) (I) On June 30, 2022, the state treasurer shall transfer from the general
fund an amount equal to the lesser of fifty percent of the amount by which revenue
for the 2020-21 state fiscal year that is subject to the excess state revenues cap, as
defined in section 24-77-103.6 (6)(b), and does not exceed the cap exceeded what
the cap would have been if the cap had been calculated in accordance with law in
effect immediately prior to the enactment of Senate Bill 21-260, enacted in 2021, or
one hundred fifteen million dollars as follows:
(A) Ninety-four percent of the amount to the multimodal transportation and
mitigation options fund; and
(B) Six percent of the amount to the state highway fund for the purpose of
providing additional funding for the revitalizing main streets program.
(II) On June 30, 2023, and on June 30 of each succeeding state fiscal year
through June 30, 2026, the state treasurer shall transfer from the general fund an
amount equal to the lesser of fifty percent of the amount by which revenue for the
prior state fiscal year that is subject to the excess state revenues cap, as defined in
section 24-77-103.6 (6)(b), and does not exceed the cap for the prior state fiscal
year is estimated to exceed what the cap would have been if the cap had been
calculated in accordance with law in effect immediately prior to the enactment of
Senate Bill 21-260, enacted in 2021, or one hundred fifteen million dollars less the
cumulative amount of all transfers previously made pursuant to this subsection
(7)(f) as follows:
(A) Ninety-four percent of the amount to the multimodal transportation and
mitigation options fund; and
(B) Six percent of the amount to the state highway fund for the purpose of
providing additional funding for the revitalizing main streets program.
(g) to (j) Repealed.
(k) On June 30, 2025, the state treasurer shall transfer from the state
highway fund to the general fund ten million nine hundred seventy-three thousand
five hundred eighty-two dollars and twenty-five cents that did not originate from
the money the state received from the federal coronavirus state fiscal recovery
fund.
(8) On July 1, 2022, the state treasurer transferred six million five hundred
thousand dollars from the general fund to the state highway fund pursuant to
subsection (7)(h) of this section, as it existed prior to its repeal on July 1, 2023,
which required that the department use such amount for an environmental study on
relocating the consolidated main rail line away from interstate highway 25 in
connection with the development of the Burnham Yard rail property. Beginning on
May 16, 2024, the department shall instead use such amount that was transferred
to the state highway fund for the purpose of site preparation, site enhancements,
planning, and facilitating a track alignment that preserves buildable land while
promoting transit and rail capacity and increasing safety in connection with the
development of the Burnham Yard rail property, as the department has determined
that supporting the regional transportation district's right-of-way expansion, rather
than relocating the main rail line, is the most important transit need on the site.
Source: L. 2009: Entire section added, (SB 09-228), ch. 410, p. 2261, � 13,
effective July 1. L. 2012: (1)(e) and (1)(f) added and (2)(e) amended, (SB 12-168), ch.
206, p. 818, � 2, effective May 24. L. 2016: (1)(b), (1)(e), (1)(f), (2)(e), and (3)(a)
repealed and (2)(a), (2)(b), IP(2)(c), (2)(d), IP(3)(b), and IP(4)(a) amended, (HB 16-1416), ch. 88, p. 246, � 1, effective April 14. L. 2017: (2)(b)(I) and (2)(c) amended,
(2)(c.3) and (2)(c.7) added, and (3) and (4) repealed, (SB 17-262), ch. 165, p. 608, � 1,
effective April 28; (2)(c.3)(I) and (2)(c.7)(I) repealed, (SB 17-267), ch. 267, p. 1441, �
10, effective May 30. L. 2018: (1)(g), (1)(h), and (5) added, (SB 18-001), ch. 353, p.
2093, � 2, effective May 31. L. 2019: IP(5)(c), (5)(c)(III), (5)(c)(IV), (5)(d)(II), and
(5)(d)(III) amended, (SB 19-263), ch. 334, p. 3082, � 1, effective May 29; (5)(b.5)
added, (SB 19-262), ch. 431, p. 3740, � 1, effective June 3. L. 2020: IP(5)(c),
(5)(c)(III)(A), (5)(c)(III)(C), (5)(c)(III)(D), (5)(c)(IV)(A), (5)(c)(IV)(C), (5)(c)(IV)(D),
(5)(d)(II)(B), and (5)(d)(III) amended, (HB 20-1376), ch. 207, p. 1013, � 1, effective June
30. L. 2021: (6) added, (SB 21-110), ch. 11, p. 65, � 1, effective March 19; (1)(g)
amended, (1)(g.5) and (7) added, and (2) and (5) repealed, (SB 21-260), ch. 250, p.
1379, � 7, effective June 17; (8) added, (SB 21-265), ch. 254, p. 1492, � 1, effective
June 18. L. 2022: (7)(b.5) added, (HB 22-1351), ch. 159, p. 1004, � 2, effective May 16;
(7)(a) amended, (HB 22-1411), ch. 271, p. 1958, � 8, effective May 27; (7)(g) and (7)(h)
added, (SB 22-176), ch. 387, p. 2756, � 3, effective June 7. L. 2023: (7)(i) added, (SB
23-283), ch. 240, p. 1292, � 2, effective May 22; (7)(j) added, (SB 23-199), ch. 353, p.
2122, � 5, effective August 7. L. 2024: (8) added, (SB 24-032), ch. 185, p. 1043, � 6,
effective May 16; (7)(a)(I) amended, (HB 24-1466), ch. 429, p. 2941, � 26, effective
June 5. L. 2025: (7)(k) added, (SB 25-312), ch. 301, p. 1535, � 6, effective May 30;
(7)(c)(II) repealed and (7)(d) and (7)(e) amended, (SB 25-257), ch. 423, p. 2407, � 1,
effective June 4.