§ 43-1-1202. Department Powers – Definition

1. Notwithstanding any other law, the department may:
   1. 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:
      1. Use of advanced transportation technologies for traveler information services;
      2. Systems for road weather information, safety warning, advanced traffic management, information broadcasting, real-time transit information, route finding and vehicle navigation, and collision avoidance;
      3. Hazardous and nonhazardous incident detection, response, and removal and facilitation of emergency medical response;
      4. 1. 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.
         2. For purposes of this subsection (1)(a)(IV), “telecommunications” does not mean the state telecommunications network described in part 5 of article 37.5 of title 24.
      5. Voluntary emissions testing and mitigation;
      6. Ride matching and reservation in support of demand management;
      7. Safety monitoring systems;
      8. Commercial fleet management and electronic clearance of ports of entry;
      9. Development of national standards and protocols for intelligent transportation systems;
      10. 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;
      11. 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.
      12. 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
      13. Design, financing, construction, operation, maintenance, or improvement of a high occupancy toll lane described in section 42-4-1012 (1), C.R.S.;
   2. Solicit proposals for public-private initiatives as requests for proposals pursuant to section 24-103-203;
   3. Consider and accept unsolicited proposals pursuant to section 43-1-1203;
   4. 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:
      1. Reasonably relate to the value of the private contribution as determined by the department; and
      2. Not exceed ninety-nine years;
   5. Accept a private contribution to a transportation system project;
   6. 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:
   1. Retail goods and services existing on April 17, 1995;
   2. Any vending facilities, as defined in section 8-84-202 (4), C.R.S.;
   3. The provision of retail goods and services at transfer facilities authorized under part 15 of this article.

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.

Cross references: For the legislative declaration contained in the 1998 act enacting subsection (1)(a)(XI), see section 1 of chapter 65, Session Laws of Colorado 1998. For the legislative declaration contained in the 1999 act enacting subsection (1)(a)(XII) and amending subsection (3), see section 1 of chapter 88, Session Laws of Colorado 1999. For the legislative declaration in SB 15-239, see section 1 of chapter 160, Session Laws of Colorado 2015. For the legislative declaration in HB 18-1373, see section 1 of chapter 390, Session Laws of Colorado 2018.