(1) All
funds and moneys to the credit of the department of transportation shall be
expended under the supervision and direction of the commission within the total
expenditures prescribed by the general assembly for the fiscal year pursuant to
section 43-1-112.5; except that moneys in the aviation fund shall be expended
pursuant to the provisions of article 10 of this title.
(2) Annually on or before December 15, the commission shall adopt and the
department of transportation shall submit to the joint budget committee, the house
transportation and energy committee, the senate transportation committee, and the
governor a proposed budget allocation plan for moneys subject to its jurisdiction
for the fiscal year beginning on July 1 of the succeeding year. The plan shall be
submitted in a format determined by the joint budget committee and shall include,
but not be limited to, the following information:
(a) Estimates of all available revenues displayed by source of moneys,
including any carry forward balances anticipated and any restrictions on any
available moneys;
(b) All interest and debt redemption charges during the fiscal year;
(c) Allocation of spending, by the following categories of expenditure:
(I) Maintenance of the state highway system;
(II) Construction projects on the state highway system, including capacity
increases;
(III) Administration, which is deemed to include salaries and expenses of the
following offices and their staffs: Commission, executive director, chief engineer,
district engineers, budget, internal audits, public relations, equal employment,
special activities, accounting, administrative services, building operations,
management systems, personnel, procurement, insurance, legal, and central data
processing;
(IV) Other departmental staff which are allocated to maintenance or
construction costs on the state highway system and the basis for such allocation;
(V) Repealed.
(VI) (A) Estimated statewide indirect cost recoveries of state agencies
payable from the state highway fund as required by subsection (8) of this section.
(B) Repealed.
(VII) Any land acquisitions pursuant to maintenance or construction projects,
including land acquisitions which may be accomplished by eminent domain;
(VIII) All construction and maintenance projects, grouped by priority order
according to both transportation commission district and statewide priority;
(d) A summary of allocation of spending for the current fiscal year indicating
expenditures which are different from recommended changes made to the
proposed budget allocation plan by the joint budget committee, the house
transportation and energy committee, and the senate transportation committee in
their responses to such plan for the current fiscal year;
(e) A procedure for dealing with emergencies and contingencies unforeseen
at the time of the preparation of the plan and an enumeration of other spending
which could be reduced in order to deal with such emergencies or contingencies.
(2.5) Annually on or before October 1, the commission shall submit a request
for state highway reconstruction, repair, or maintenance projects to the capital
development committee to be funded from money transferred to the capital
construction fund pursuant to section 24-75-302 (2), C.R.S. Such request must be
made in accordance with section 2-3-1304 (1)(a.5), C.R.S.
(3) (a) For the fiscal year 1993-94 and for each fiscal year thereafter,
appropriations made by the general assembly to the department of transportation
for administrative expenditures, which are listed in subparagraph (III) of paragraph
(c) of subsection (2) of this section, shall be set forth in a single line item as a total
sum, and such expenditures shall not be identified by project, program, or district.
(b) The provisions of this subsection (3) shall not apply to the aeronautics
division.
(4) (Deleted by amendment, L. 2007, p. 593, � 1, effective August 3, 2007.)
(5) Repealed.
(6) (a) The amount budgeted for administration in no case shall exceed five
percent of the total budget allocation plan. In addition to any other requirements,
the budget allocation plan shall include a general state transportation budget
summary setting forth the aggregate figures of the budget in such manner as to
show the balanced relations between the total proposed expenditures and total
anticipated revenues, together with the other means of financing the budget for the
ensuing fiscal year compiled with corresponding figures for the last completed
fiscal year and the fiscal year in progress. It shall also include the statements of the
bonded indebtedness of the department of transportation showing the debt
redemption requirements, the debt authorized and unissued, and the contents of
the sinking funds. As an addendum to the budget allocation plan, there shall be
published a complete list of all projects budgeted in prior years which have not
been deleted or progressed to completion, including all funds carried over from the
budget of previous years, whether resulting from construction or operation for less
than the budgeted figure or from incomplete or deleted projects.
(b) Repealed.
(7) Repealed.
(8) (a) The department, out of moneys in the state highway fund budgeted
therefor by the transportation commission and within the total expenditures
prescribed by the general assembly for the fiscal year pursuant to section 43-1-112.5, shall reimburse other agencies of state government for the costs incurred by
such state agencies in providing necessary services in support of the department
and the administration of the highway funds of the state. Such state agencies
include, but are not necessarily limited to, the office of the state controller in the
department of personnel, the office of state planning and budgeting, the
department of personnel, the department of revenue, and the department of the
treasury. For any fiscal year, the amount paid to any such state agency shall be the
amount indicated in the general appropriation act as the recovery of indirect costs
by such state agency out of the state highway fund. The amount so indicated in the
general appropriation act for the recovery of indirect costs by any state agency
pursuant to this subsection (8) may exceed the actual indirect cost incurred by such
agency, but the total of all such statewide indirect cost recoveries indicated in the
general appropriation act shall not exceed the total indirect costs reasonably
expected to be incurred by all state agencies in providing necessary services in
support of the department and the administration of the highway funds of the state.
Payments made pursuant to this subsection (8) shall not be subject to the
limitations on appropriations and statutory distributions from the highway users tax
fund contained in section 43-4-201 (3).
(b) Repealed.
(9) (a) The house transportation and energy committee and the senate
transportation committee shall hold a joint meeting, including the opportunity for a
public hearing, for the purpose of review and comment on the proposed budget
allocation plan. No later than March 15 of each year, the official response of the
house transportation and energy committee and the senate transportation
committee to the proposed budget allocation plan, along with any recommended
changes to such plan, shall be transmitted to the commission. The joint budget
committee may also, by said March 15, transmit to the commission its response to
the proposed budget allocation plan. The staff of the joint budget committee shall
be available to assist the house transportation and energy committee and the
senate transportation committee in their joint review of the proposed budget
allocation plan. Nothing contained in this paragraph (a) shall be construed to affect
the general powers and duties of the joint budget committee relating to its review
of the executive budget and the budget requests of state agencies, including the
department of transportation, under section 2-3-203, C.R.S.
(b) Repealed.
(c) (I) No later than April 15 of each year, the commission shall adopt a final
budget allocation plan which shall, upon approval of the governor, constitute the
budget for the department for the ensuing fiscal year and which shall comply with
the total revenues and expenditures prescribed by the general assembly for such
fiscal year pursuant to section 43-1-112.5. Concurrent with submission of the final
budget allocation plan to the governor, the commission shall submit in writing to
the general assembly its responses to the recommendations of the joint budget
committee, the house transportation and energy committee, and the senate
transportation committee, or any successor committees. The final budget allocation
plan may include some or all of the changes recommended by such committees, but
no other changes from the proposed budget allocation plan may be made; except
that the commission shall ensure that the final budget allocation plan is within the
total revenues and expenditures prescribed by the general assembly pursuant to
section 43-1-112.5, and the commission may adopt, consistent with said prescribed
amounts, amendments reflecting increases or decreases in revenue or
expenditures not anticipated at the time of adoption of the proposed budget
allocation plan, amendments increasing or decreasing expenditures as a result of
emergencies or contingencies unforeseen at the time of the preparation of the
proposed budget allocation plan, and amendments reflecting changes in the
amounts indicated in the general appropriation act as statewide indirect cost
recoveries payable from the state highway fund as provided in subsection (8) of this
section.
(II) This paragraph (c) is effective July 1, 1992.
(10) The department shall report monthly to the commission within fifteen
days after the close of each month the expenditures made from each budget
category and the unexpended and unencumbered balance of each budget
subcategory and shall make the report publicly available on its website. The
department shall also submit a monthly report of financial information to the
controller no later than fifteen days after the close of each month. The report must
include sufficient financial information for the controller to complete a review of
legal overexpenditures, any deficit fund balances, and a budget-to-actual report for
all budget lines within the annual general appropriations act as well as any
additional information that is deemed reasonable and necessary by the controller.
(11) Repealed.
(12) (a) No expenditure shall be made from the state highway funds in excess
of the amount prescribed by the general assembly pursuant to section 43-1-112.5
and the amount proposed by the final budget allocation plan or amendments
thereto adopted pursuant to paragraph (c) of subsection (9) of this section. It is the
duty of the controller to disapprove any such expenditures when the reports reflect
such excessive expenditures in relation to the amount prescribed by the general
assembly pursuant to section 43-1-112.5 and the proposed final budget allocation
plan or amendments thereto adopted pursuant to paragraph (c) of subsection (9) of
this section.
(b) This subsection (12) is effective July 1, 1992.
(13) The commission shall have no power to adopt a budget allocation plan
which diverts federal funds designated for other projects to any beltway within the
Denver metropolitan region constructed by a public highway authority pursuant to
part 5 of article 4 of this title.
(14) (a) Except as provided in paragraph (b) of this subsection (14), the fiscal
year of the department of transportation shall commence on July 1 and end on June
30 of each year. The annual final budget allocation plan is to be adopted by the
commission on or before April 15 of each year for the ensuing fiscal year, except for
that portion of the budget for construction projects which shall be prepared as soon
as practicable but not later than sixty days after receipt of notification of federal
highway fund apportionments for the ensuing federal fiscal year.
(b) The fiscal year for the department of transportation for the purpose of
highway construction projects shall be a calendar year.
(15) In any highway construction project involving an expenditure not
exceeding five million dollars of state funds in any one fiscal year, the department
of transportation, under the supervision and direction of the transportation
commission, is authorized to enter into a single contract or agreement for such
project and to finance same by revenue from more than one fiscal period. Any such
project shall be budgeted by providing the required funds from future as well as
current fiscal periods, and the anticipated revenues from future fiscal periods shall
be shown in the final budget allocation plan for the first fiscal period in which the
project appears, together with the anticipated necessary expenditures for future
fiscal periods. Commitment on any such contract shall have priority for payment in
the future fiscal periods after payment of such commitments as are now provided
by law and after the payment of fixed expenditures for maintenance,
administration, and other nonconstruction items.
(16) (a) If there are fewer than three bidders on a design bid build highway
project, no award shall be made if the award is more than ten percent over the
estimate of the department of transportation on the project; except that, if the
estimate of the department on the project is less than one million dollars and there
are fewer than three bidders, the executive director or the executive director's
designee may make an award of more than ten percent, but less than twenty-five
percent, over the estimate of the department to the low responsible bidder, as
defined in section 24-101-301 (23).
(b) Repealed.
(c) (I) Notwithstanding the limitations set forth in subsection (16)(a) of this
section, the executive director may make an award to the low responsible bidder
regardless of the estimate of the department if the executive director determines in
writing that it is in the best financial, economic, or other interest of the state to do
so. The written determination must be included in the contract file and made
publicly available by posting on the department's website.
(II) In its annual presentation to the joint committees of reference of the
general assembly that have jurisdiction over transportation required by section 2-7-203, the department shall identify each project for which the executive director
made an award pursuant to subsection (16)(c)(I) of this section and shall explain the
reasons for making the award and estimate the amount of cost savings achieved by
making the award.
(III) The department shall prominently post on the home page of its website
either a list of each state transportation project, regardless of the size of the
project or the method of contract procurement that the department is using for the
project, for which the department is seeking a contractor or a link to another page
on its website that includes such a prominently posted list.
(17) In the event that geotechnical testing or materials testing is required for
any state highway project, the department of transportation may submit a request
for proposals to the private sector for the completion of such testing. Such private
sector individuals shall be certified by the department of transportation.
(18) Repealed.
(19) (a) Any payments for transportation revenue anticipation notes issued to
finance any qualified federal aid transportation project and any costs associated
with the issuance and administration of such notes shall be subject to annual
allocation by the commission, in its sole discretion, in accordance with part 7 of
article 4 of this title.
(b) Federal transportation funds, as defined in section 43-4-702 (4), that are
paid to the state shall be allocated and used to reimburse the state highway fund,
the state highway supplementary fund, or both, for any moneys in said fund or
funds used to pay transportation revenue anticipation notes or any costs associated
with the issuance and administration of such notes in accordance with section 43-4-705 (2)(c)(II).