§ 43-1-1202 — Department powers - definition

(1) Notwithstanding any other
law, the department may:

(a) Solicit and consider proposals, enter into agreements, grant benefits, and
accept contributions for public-private initiatives pursuant to this part 12
concerning any of the following:

(I) Use of advanced transportation technologies for traveler information
services;

(II) Systems for road weather information, safety warning, advanced traffic
management, information broadcasting, real-time transit information, route finding
and vehicle navigation, and collision avoidance;

(III) Hazardous and nonhazardous incident detection, response, and removal
and facilitation of emergency medical response;

(IV) (A) Promotion of private investment in traffic operations centers, use of
telecommunications, use of telecommuting to reduce transportation demand,
conversion of defense technologies to civilian transportation uses, operational
efficiency on urban and rural roads, and electronic payment for transportation
services.

(B) For purposes of this subsection (1)(a)(IV), telecommunications does not
mean the state telecommunications network described in part 25 of article 33.5 of
title 24.

(V) Voluntary emissions testing and mitigation;

(VI) Ride matching and reservation in support of demand management;

(VII) Safety monitoring systems;

(VIII) Commercial fleet management and electronic clearance of ports of
entry;

(IX) Development of national standards and protocols for intelligent
transportation systems;

(X) Design, financing, construction, operation, maintenance, and
improvement of toll roads open to the public and turnpike projects within the state
pursuant to part 2 of article 3 of this title;

(XI) The specific information and tourist-oriented directional sign programs
authorized in section 43-1-420. The department may provide by contract for private
businesses to pay a reasonable fee to the department to reflect the cost of the use
of highway rights-of-way and the department's costs of administering the program.

(XII) Codevelopment of transportation transfer facilities, as defined in
section 43-1-1501 (3), including transfer facilities that provide retail goods and
services by private entities; and

(XIII) Design, financing, construction, operation, maintenance, or
improvement of a high occupancy toll lane described in section 42-4-1012 (1), C.R.S.;

(b) Solicit proposals for public-private initiatives as requests for proposals
pursuant to section 24-103-203;

(c) Consider and accept unsolicited proposals pursuant to section 43-1-1203;

(d) Grant a public benefit in or concerning a transportation system project in
exchange for a private contribution to that project, but the term of any lease,
easement, or franchise granted by the department as a public benefit under this
part 12 shall:

(I) Reasonably relate to the value of the private contribution as determined
by the department; and

(II) Not exceed ninety-nine years;

(e) Accept a private contribution to a transportation system project;

(f) Exercise any power of the department authorized by law to facilitate the
development and performance of public-private initiatives, including but not limited
to the department's power of eminent domain for the purpose of acquiring property
and rights-of-way necessary for the completion of a toll road or toll highway open
to the public that is incorporated into the statewide transportation plan prepared
pursuant to section 43-1-1103 (5).

(2) Services shall not be provided under this part 12 unless they are
consistent and compatible with the use and zoning of the land adjacent to the right-of-way.

(3) Retail goods and services shall not be authorized under this part 12. This
subsection (3) shall not prohibit:

(a) Retail goods and services existing on April 17, 1995;

(b) Any vending facilities, as defined in section 8-84-202 (4), C.R.S.;

(c) The provision of retail goods and services at transfer facilities authorized
under part 15 of this article.

Legislative History

Source: L. 95: Entire part added, p. 256, � 2, effective April 17. L. 96: (1)(a)(VIII) and (1)(a)(IX) amended and (1)(a)(X) added, p. 467, � 10, effective April 23. L. 98: (1)(a)(XI) added, p. 167, � 3, effective August 5. L. 99: (1)(a)(XII) added and (3) amended, p. 262, �� 3, 4, effective April 9; (1)(a)(XIII) added, p. 1321, � 2, effective August 4. L. 2006: (1)(a)(X) and (1)(f) amended, p. 239, � 3, effective March 31. L. 2015: (3)(b) amended, (SB 15-239), ch. 160, p. 489, � 12, effective July 1, 2016. L. 2017: (1)(b) amended, (HB 17-1051), ch. 99, p. 353, � 74, effective August 9. L. 2018: (1)(a)(IV) amended, (HB 18-1373), ch. 390, p. 2341, � 6, effective August 8. L. 2022: (1)(a)(IV)(B) amended, (HB 22-1353), ch. 479, p. 3498, � 10, effective July 1, 2023.