Colorado has new law enabling tolls SB108, new state toll enterprise

Colorado's Governor Bill Ritter has signed into law SB108 giving new powers to state bodies to organize and authorize tolling. The law abolishes the existing Colorado Tolling Enterprise (CTE) and puts in its place a so-called High Performance Transportation Enterprise (HPTE).

Four members of the board of the HPTE (the enterprise) will be appointed by the Governor from people in four regions of the state (Denver metro, Pike's Peak, north Front Range, I-70 Rocky Mountains Corridor). The four then appoint another three members. They all serve "at the pleasure of" their appointees.

The Enterprise has powers to levy "user fees" and to issue debt secured to those but the new law says its purpose is "to pursue public-private partnerships and other innovative means" of building roads. It may accept grants up to 10% of its revenues.

The Colorado Statewide Tolling Enterprise (CTE) being abolished conducted a number of toll feasibility studies and developed lists of projects since its establishment in late 2002. But the only project it got under way was the I-25 toll lanes which feed into downtown Denver from the south - a successful conversion of HOV lanes.

CTE had similar powers and a similar charter to push toll concessions with the private sector. The new HPTE like the CTE will operate within the state DOT.

The law creating the HPTE was more politicized than that creating the CTE. In the votes on SB108 the split in the legislature was on party lines with majority Democrats supporting it but minority Republicans solid in opposing it.

It remains to be seen if the new agency will have any more success than the old.

Bridge Enterprise

SB108 also creates a Statewide Bridge Enterprise but on our reading we can't see that it has tolling powers. Its revenue sources are bridge safety surcharge on the registration of vehicles ranging between $16/yr for cars to $39/yr for heavy trucks.

VMT Commission

The bill also creates a temporary mileage-based revenue commission charged with devising a vehicle-miles traveled scheme and pilot projects. Local government consent will be required for implementation of any mileage based fees or tolls.

Lead sponsor of the bill was Sen Dan Gibbs (Dem Silverthorne).

see http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/fsbillcont3/636E40D6A83E4DE987257537001F8AD6?Open&file=108_ren.pdf

TOLLROADSnews 2009-03-03