As used in this part 8, unless the context otherwise
requires:
(1) Authorized agent shall have the same meaning as set forth in section
42-1-102 (5), C.R.S.
(2) Bond means any bond, note, interim certificate, commercial paper,
contract, or other evidence of indebtedness of either the bridge enterprise or the
transportation enterprise authorized by this part 8, including, but not limited to, any
obligation to the United States in connection with a loan from or guaranteed by the
United States.
(3) Bond obligations means the debt service on, and related costs and
obligations in connection with, bonds, including, without limitation:
(a) Payments with respect to principal, interest, prepayment premiums,
reserve funds, surplus funds, sinking funds, and costs of issuance;
(b) Payments related to any credit enhancement, liquidity support, or
interest rate protection for bonds;
(c) Fees and expenses of any trustee, bond registrar, paying agent,
authenticating agent, rebate analyst or consultant, calculation agent, remarketing
agent, or credit enhancement, liquidity support, or interest rate protection provider;
(d) Coverage requirements; and
(e) Other costs, fees, and expenses related to the foregoing and any other
amounts required to be paid pursuant to the provisions of any documents
authorizing the issuance of the bonds.
(4) Bridge enterprise means the statewide bridge and tunnel enterprise
created in section 43-4-805 (2).
(5) Bridge enterprise board means the board of directors of the bridge
enterprise.
(6) Bridge enterprise director means the director of the bridge enterprise
appointed pursuant to section 43-4-805 (2)(a)(I).
(7) Bridge special fund means the statewide bridge and tunnel enterprise
special revenue fund created in section 43-4-805 (3)(a).
(8) Commission means the transportation commission created in section
43-1-106 (1).
(9) Department means the department of transportation created in section
24-1-128.7, C.R.S.
(10) Designated bridge means every bridge, including any roadways,
sidewalks, or other infrastructure connected or adjacent to or required for the
optimal functioning of the bridge, that:
(a) Is part of the state highway system, as described in section 43-2-101; and
(b) Has been identified by the department as structurally deficient or
functionally obsolete, and has been rated by the department as poor, as of January
1, 2009, or is subsequently so identified and rated by the department.
(11) Designated bridge project means a project that involves the repair,
reconstruction, replacement, or ongoing operation or maintenance, or any
combination thereof, of a designated bridge by the bridge enterprise pursuant to an
agreement between the bridge enterprise and the commission or department
authorized by section 43-4-805 (5)(f). A fair-rated bridge may be included in a
designated bridge project or other project involving the repair, replacement, or
reconstruction of a designated bridge if including the fair-rated bridge is an
efficient use of the bridge enterprise's resources and will result in cost savings or
schedule acceleration for a project that will improve safety.
(12) Executive director means the executive director of the department.
(12.5) Fair-rated bridge means every bridge, including any roadways,
sidewalks, or other infrastructure connected to, adjacent to, or required for the
optimal functioning of the bridge, that:
(a) Is part of the state highway system, as described in section 43-2-101; and
(b) The department has rated as fair.
(12.7) Good-rated bridge means every bridge, including any roadways,
sidewalks, or other infrastructure connected to, adjacent to, or required for the
optimal functioning of the bridge, that:
(a) Is part of the state highway system, as described in section 43-2-101; and
(b) The department has rated as good.
(13) (a) Grant means any direct cash subsidy or other direct contribution of
money from the state or any local government in the state to the bridge enterprise
or the transportation enterprise that is not required to be repaid.
(b) Grant does not include any of the following or any interest or income
derived from the deposit and investment of the following:
(I) Any indirect benefit conferred upon the bridge enterprise or the
transportation enterprise from the state or any local government in the state;
(II) Any federal funds received by the bridge enterprise or the transportation
enterprise, regardless of whether the federal funds pass through the state or any
local government in the state prior to receipt by the enterprise;
(III) Any revenues of the bridge enterprise from the bridge safety surcharge
imposed by the enterprise pursuant to section 43-4-805 (5)(g) or revenues of the
bridge enterprise or the transportation enterprise from any other authorized rate,
fee, assessment, or other charge imposed by either enterprise for the provision of
goods or services by the enterprise;
(IV) Any money paid or advanced to the bridge enterprise or the
transportation enterprise by the state, a local government or group of local
governments, an authority, or any other government-owned business or
governmental entity in exchange for an agreement by either enterprise to complete
a designated bridge project, a preventative maintenance bridge project, or a
surface transportation infrastructure project; or
(V) Any money loaned by the commission to the bridge enterprise pursuant
to section 43-4-805 (4) or (5)(r) or the transportation enterprise pursuant to section
43-4-806 (4).
(14) Highway means a road and related improvements and services. A
highway may consist of improvements and services, including, but not limited to,
paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting,
bridges, overpasses, underpasses, rail crossings, shoulders, frontage roads, access
roads, interchanges, drainage facilities, transit lanes and services, park-and-ride
facilities, traffic demand management facilities and services, other multimodal
improvements and services, toll collection facilities, service areas, administrative or
maintenance facilities, gas, electric, water, sewer, and other utilities located or to
be located in the right-of-way of the highway, and other real or personal property,
including easements, rights-of-way, open space, and other interests therein,
relating to the financing, construction, operation, or maintenance of the highway.
(15) Issuing enterprise means, with respect to the issuance of bonds as
authorized by this part 8, either the bridge enterprise or the transportation
enterprise.
(16) Local government means a municipality, county, or city and county.
(17) Metropolitan planning organization means a metropolitan planning
organization under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as
amended.
(17.5) Preventative maintenance bridge project means a project that
involves a treatment or strategy to extend the service life of a fair-rated or good-rated bridge by preventing, delaying, or reducing the deterioration of a bridge.
(18) Public-private partnership means an agreement, including, but not
limited to, an operating concession agreement between the bridge enterprise or the
transportation enterprise and one or more private or public entities that provides
for:
(a) Acceptance of a private contribution to a surface transportation
infrastructure project in exchange for a public benefit concerning the project other
than only a money payment;
(b) Sharing of resources and the means of providing surface transportation
infrastructure projects; or
(c) Cooperation in researching, developing, and implementing surface
transportation infrastructure projects.
(19) Public transportation vehicle means a motor vehicle that is part of
vehicular service that transports the general public and that is provided by a public
transportation district or by a local government.
(20) Regional planning commission means a regional planning commission
formed under the provisions of section 30-28-105, C.R.S., that prepares and submits
a transportation plan pursuant to section 43-1-1103.
(21) Road safety project means:
(a) A construction, reconstruction, or maintenance project that the
commission determines is needed to enhance the safety of a state highway, a
county determines is needed to enhance the safety of a county road, or a
municipality determines is needed to enhance the safety of a city street; or
(b) A project that improves transportation system infrastructure or otherwise
implements data-driven strategies that reduce the number of collisions with motor
vehicles that result in death or serious injury to vulnerable road users. Eligible
projects include, but are not limited to, projects that meet or exceed the
department's cost-to-benefit ratio for safety projects and:
(I) Separate users in space, such as separated bike lanes, walkways, crossing
improvements, and pedestrian refuge islands; or
(II) Increase attentiveness and awareness, such as crosswalk visibility
enhancements, pedestrian hybrid beacons, and lighting.
(22) Surface transportation infrastructure means a highway, a bridge other
than a designated bridge, or any other infrastructure, facility, or equipment used
primarily or in large part to transport people and move freight on systems that
operate on or are affixed to the ground, including passenger rail, bus, or other
public transportation vehicles.
(23) Surface transportation infrastructure project means the planning,
designing, engineering, acquisition, installation, construction, repair,
reconstruction, maintenance, or operation of a defined amount of surface
transportation infrastructure by:
(a) The transportation enterprise; or
(b) A partner of the transportation enterprise under the terms of a public-private partnership.
(23.5) Surface transportation infrastructure project network means all
existing or planned surface transportation infrastructure projects.
(24) Transportation enterprise means the high-performance transportation
enterprise created in section 43-4-806 (2)(a).
(25) Transportation enterprise board means the board of directors of the
transportation enterprise.
(26) Transportation enterprise director means the director of the
transportation enterprise appointed pursuant to section 43-4-806 (2)(b).
(26.2) Transportation special fund means the statewide transportation
enterprise special revenue fund created in section 43-4-806 (3)(a).
(26.5) Tunnel project means a project to repair, maintain, or enhance the
operation of any tunnel that is part of the state highway system.
(27) User fee means compensation to be paid to the transportation
enterprise or a partner of the transportation enterprise, including the congestion
impact fee imposed by the transportation enterprise pursuant to section 43-4-806
(7.6), for the privilege of either using surface transportation infrastructure
constructed or operated by the transportation enterprise or operated by its partner
under the terms of a public-private partnership or benefitting from the reduced
congestion on and improved condition of other surface transportation
infrastructure in the state resulting from the availability of surface transportation
infrastructure constructed or operated by the transportation enterprise or operated
by its partner under the terms of a public-private partnership and from the
opportunity to use such surface transportation infrastructure constructed or
operated by the transportation enterprise and such other less congested and
improved surface transportation infrastructure.
(28) Vehicle means a motor vehicle as defined in section 42-1-102 (58),
C.R.S.; except that, for purposes of the imposition of any surcharge, fee, or fine
imposed pursuant this part 8 in connection with a vehicle required to be registered
pursuant to the provisions of article 3 of title 42, C.R.S., vehicle also includes any
vehicle without motive power that is required to be registered.
(29) Vulnerable road user means a nonmotorist with a fatality analysis
reporting system person attribute code for a pedestrian, bicyclist, other cyclist, and
person on a personal conveyance or an injured person that is, or is equivalent to, a
pedestrian or pedal cyclist as defined in the ANSI D16.1-2007 in accordance with 23
U.S.C. sec. 148 (a)(15) and 23 CFR 490.205. Vulnerable road user does not include
a motorcyclist but does include:
(a) An individual who is walking, biking, or rolling;
(b) A highway worker on foot in a work zone, given they are considered a
pedestrian.