Colorado § 24-75-219 - Transfers - transportation - capital construction - definitions.

§ 24-75-219. Transfers - transportation - capital construction - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Capital construction fund" means the capital construction fund created in section 24-75-302.

(b) Repealed.

(c) "Funds" means the highway users tax fund and the capital construction fund.

(d) "Highway users tax fund" means the highway users tax fund created in section 43-4-201, C.R.S.

(e) and (f) Repealed.

(g) "Multimodal transportation and mitigation options fund" means the multimodal transportation and mitigation options fund created in section 43-4-1103 (1).

(g.5) "Revitalizing main streets program" means the department of transportation's grant program to support communities across the state as they build and improve multimodal infrastructure in a way that safely connects Coloradans to the community-focused downtowns where they live, work, dine, and shop.

(h) "State highway fund" means the state highway fund created in section 43-1-219.

(2) to (5) Repealed.

(6) On March 19, 2021, the state treasurer shall transfer thirty million dollars from the general fund to the state highway fund for the purpose of providing additional funding for the revitalizing main streets and safer main streets programs of the department of transportation.

(7) In addition to any other transfers required by this section:

(a) On June 30, 2021, from the money that the state received from either the federal coronavirus state fiscal recovery fund under section 9901 of title IX, subtitle M of the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, which is eligible to be used as specified in section 602 (c)(I)(C) of said section 9901, or from the general fund, as specified, the state treasurer shall transfer:

(I) One hundred eighty-two million one hundred sixty thousand dollars from money the state received from the federal coronavirus state fiscal recovery fund to the state highway fund. Of this amount, twenty-two million one hundred sixty thousand dollars is for the purpose of providing additional funding for the revitalizing main streets program and five hundred thousand dollars is for the purpose of acquiring, planning the development of, or developing the Burnham Yard rail property in Denver. Any money that is transferred from the ARPA refinance state money cash fund to the state highway fund pursuant to section 24-75-226.5 to refinance money that was transferred to the state highway fund pursuant to this subsection (7)(a)(I) must be spent for the same purposes as the refinanced money, as set forth in this subsection (7)(a)(I).

(II) One hundred sixty-one million three hundred forty thousand dollars from money the state received from the federal coronavirus state fiscal recovery fund to the multimodal transportation and mitigation options fund; and

(III) Thirty-six million five hundred thousand dollars from the general fund to the highway users tax fund.

(b) On July 1, 2021, the state treasurer shall transfer one hundred seventy million dollars from the general fund to the state highway fund.

(b.5) On July 1, 2022, the state treasurer shall transfer:

(I) Forty-seven million one hundred thousand dollars from the general fund to the state highway fund; and

(II) Thirty-one million four hundred thousand dollars from the general fund to the highway users tax fund.

(c) On each July 1 from July 1, 2024, through July 1, 2025, and on each July 1 beginning July 1, 2029, through July 1, 2031, the state treasurer shall transfer:

(I) Ten million five hundred thousand dollars from the general fund to the multimodal transportation and mitigation options fund.

(II) Repealed.

(d) (I) On July 1, 2025, the state treasurer shall transfer thirty-two million two hundred thousand dollars from the general fund to the state highway fund;

(II) On July 1, 2026, the state treasurer shall transfer five hundred thousand dollars from the general fund to the state highway fund;

(II.5) [Editor's note: This version of subsection (7)(d)(II.5) is effective only if an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is not approved by the people at the next general election. See the editor's note following this section.] On January 1, 2027, or as soon as possible thereafter, the state treasurer shall transfer fifty million dollars from the general fund to the state highway fund;

(II.5) [Editor's note: This version of subsection (7)(d)(II.5) is effective only if an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is approved by the people at the next general election. See the editor's note following this section.] On January 1, 2027, or as soon as possible thereafter, the state treasurer shall transfer fifty million dollars from the support road transportation fund created in section 43-4-1601 to the state highway fund;

(III) [Editor's note: This version of subsection (7)(d)(III) is effective unless an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is approved by the people at the next general election. See the editor's note following this section.] On each July 1 from July 1, 2027, through July 1, 2031, the state treasurer shall transfer ninety-six million four hundred thousand dollars from the general fund to the state highway fund; and

(III) [Editor's note: This version of subsection (7)(d)(III) is effective only if an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is approved by the people at the next general election. See the editor's note following this section.] On each July 1 from July 1, 2027, through July 1, 2030, the state treasurer shall transfer one hundred million dollars from the support road transportation fund created in section 43-4-1601 to the state highway fund;

(III.5) [Editor's note: Subsection (7)(d)(III.5) is effective only if an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is approved by the people at the next general election. See the editor's note following this section.] On July 1, 2031, the state treasurer shall transfer one hundred million dollars from the general fund to the state highway fund; and

(IV) On July 1, 2032, the state treasurer shall transfer sixty-four million eight hundred thousand dollars from the general fund to the state highway fund.

(e) [Editor's note: This version of subsection (7)(e) is effective unless an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is approved by the people at the next general election. See the editor's note following this section.] The department of transportation shall expend ten million dollars of each transfer from the general fund to the state highway fund made pursuant to subsection (7)(d)(I), (7)(d)(II), or (7)(d)(III) of this section from July 1, 2025, through July 1, 2028, solely to mitigate the environmental and health impacts of increased air pollution from motor vehicle emissions in nonattainment areas by funding projects that reduce vehicle miles traveled or that directly reduce air pollution.

(e) [Editor's note: This version of subsection (7)(e) is effective only if an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is approved by the people at the next general election. See the editor's note following this section.] The department of transportation shall expend ten million dollars of each transfer from the general fund to the state highway fund made pursuant to subsection (7)(d)(I) of this section solely to mitigate the environmental and health impacts of increased air pollution from motor vehicle emissions in nonattainment areas by funding projects that reduce vehicle miles traveled or that directly reduce air pollution.

(f) (I) On June 30, 2022, the state treasurer shall transfer from the general fund an amount equal to the lesser of fifty percent of the amount by which revenue for the 2020-21 state fiscal year that is subject to the excess state revenues cap, as defined in section 24-77-103.6 (6)(b), and does not exceed the cap exceeded what the cap would have been if the cap had been calculated in accordance with law in effect immediately prior to the enactment of Senate Bill 21-260, enacted in 2021, or one hundred fifteen million dollars as follows:

(A) Ninety-four percent of the amount to the multimodal transportation and mitigation options fund; and

(B) Six percent of the amount to the state highway fund for the purpose of providing additional funding for the revitalizing main streets program.

(II) On June 30, 2023, and on June 30 of each succeeding state fiscal year through June 30, 2026, the state treasurer shall transfer from the general fund an amount equal to the lesser of fifty percent of the amount by which revenue for the prior state fiscal year that is subject to the excess state revenues cap, as defined in section 24-77-103.6 (6)(b), and does not exceed the cap for the prior state fiscal year is estimated to exceed what the cap would have been if the cap had been calculated in accordance with law in effect immediately prior to the enactment of Senate Bill 21-260, enacted in 2021, or one hundred fifteen million dollars less the cumulative amount of all transfers previously made pursuant to this subsection (7)(f) as follows:

(A) Ninety-four percent of the amount to the multimodal transportation and mitigation options fund; and

(B) Six percent of the amount to the state highway fund for the purpose of providing additional funding for the revitalizing main streets program.

(g) to (j) Repealed.

(k) On June 30, 2025, the state treasurer shall transfer from the state highway fund to the general fund ten million nine hundred seventy-three thousand five hundred eighty-two dollars and twenty-five cents that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(l) On June 30, 2026, the state treasurer shall transfer from the state highway fund to the general fund seven hundred fifty thousand one hundred ninety dollars and six cents of money that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(8) On July 1, 2022, the state treasurer transferred six million five hundred thousand dollars from the general fund to the state highway fund pursuant to subsection (7)(h) of this section, as it existed prior to its repeal on July 1, 2023, which required that the department use such amount for an environmental study on relocating the consolidated main rail line away from interstate highway 25 in connection with the development of the Burnham Yard rail property. Beginning on May 16, 2024, the department shall instead use such amount that was transferred to the state highway fund for the purpose of site preparation, site enhancements, planning, and facilitating a track alignment that preserves buildable land while promoting transit and rail capacity and increasing safety in connection with the development of the Burnham Yard rail property, as the department has determined that supporting the regional transportation district's right-of-way expansion, rather than relocating the main rail line, is the most important transit need on the site.

Source: L. 2009: Entire section added, (SB 09-228), ch. 410, p. 2261, § 13, effective July 1. L. 2012: (1)(e) and (1)(f) added and (2)(e) amended, (SB 12-168), ch. 206, p. 818, § 2, effective May 24. L. 2016: (1)(b), (1)(e), (1)(f), (2)(e), and (3)(a) repealed and (2)(a), (2)(b), IP(2)(c), (2)(d), IP(3)(b), and IP(4)(a) amended, (HB 16-1416), ch. 88, p. 246, § 1, effective April 14. L. 2017: (2)(b)(I) and (2)(c) amended, (2)(c.3) and (2)(c.7) added, and (3) and (4) repealed, (SB 17-262), ch. 165, p. 608, § 1, effective April 28; (2)(c.3)(I) and (2)(c.7)(I) repealed, (SB 17-267), ch. 267, p. 1441, § 10, effective May 30. L. 2018: (1)(g), (1)(h), and (5) added, (SB 18-001), ch. 353, p. 2093, § 2, effective May 31. L. 2019: IP(5)(c), (5)(c)(III), (5)(c)(IV), (5)(d)(II), and (5)(d)(III) amended, (SB 19-263), ch. 334, p. 3082, § 1, effective May 29; (5)(b.5) added, (SB 19-262), ch. 431, p. 3740, § 1, effective June 3. L. 2020: IP(5)(c), (5)(c)(III)(A), (5)(c)(III)(C), (5)(c)(III)(D), (5)(c)(IV)(A), (5)(c)(IV)(C), (5)(c)(IV)(D), (5)(d)(II)(B), and (5)(d)(III) amended, (HB 20-1376), ch. 207, p. 1013, § 1, effective June 30. L. 2021: (6) added, (SB 21-110), ch. 11, p. 65, § 1, effective March 19; (1)(g) amended, (1)(g.5) and (7) added, and (2) and (5) repealed, (SB 21-260), ch. 250, p. 1379, § 7, effective June 17; (8) added, (SB 21-265), ch. 254, p. 1492, § 1, effective June 18. L. 2022: (7)(b.5) added, (HB 22-1351), ch. 159, p. 1004, § 2, effective May 16; (7)(a) amended, (HB 22-1411), ch. 271, p. 1958, § 8, effective May 27; (7)(g) and (7)(h) added, (SB 22-176), ch. 387, p. 2756, § 3, effective June 7. L. 2023: (7)(i) added, (SB 23-283), ch. 240, p. 1292, § 2, effective May 22; (7)(j) added, (SB 23-199), ch. 353, p. 2122, § 5, effective August 7. L. 2024: (8) added, (SB 24-032), ch. 185, p. 1043, § 6, effective May 16; (7)(a)(I) amended, (HB 24-1466), ch. 429, p. 2941, § 26, effective June 5. L. 2025: (7)(k) added, (SB 25-312), ch. 301, p. 1535, § 6, effective May 30; (7)(c)(II) repealed and (7)(d) and (7)(e) amended, (SB 25-257), ch. 423, p. 2407, § 1, effective June 4. L. 2026: (7)(l) added, (HB 26-1407), ch. 256, p. 1422, § 5, effective May 29; (7)(d)(II) and (7)(d)(III) amended, (HB 26-1289), ch. 364, p. 2186, § 2, effective June 3; IP(7)(c) and (7)(c)(I) amended, (HB 26-1399), ch. 395, p. 2477, § 1, effective June 4; (7)(d)(II) amended, (HB 26-1430), ch. 406, p. 2535, § 4, effective June 4; (7)(d)(II.5), (7)(d)(III), and (7)(e) amended and (7)(d)(III.5) added, (HB 26-1430), ch. 406, p. 2536, § 6, effective (see editor's note); (7)(d)(II.5) added, (HB 26-1430), ch. 406, p. 2536, § 7, effective (see editor's note).

Editor's note: (1) Subsections (5)(c)(I)(B) and (5)(c)(II)(B) provided for the repeal of subsections (5)(c)(I) and (5)(c)(II), respectively, effective January 1, 2019. (See L. 2018, p. 2093.)

(2) Subsection (7)(g)(II) provided for the repeal of subsection (7)(g), effective July 1, 2022. For the law in effect from June 7, 2022, until July 1, 2022, see L. 2022, p. 2756.

(3) Subsection (7)(h)(II) provided for the repeal of subsection (7)(h), effective July 1, 2022. (See L. 2022, p. 2756)

(4) Subsection (7)(j) was originally added as (7)(i) by SB 23-199 but was renumbered on revision for ease of location.

(5) Subsection (7)(j)(II) provided for the repeal of subsection (7)(j), effective September 1, 2024. (See L. 2023, p. 2122.)

(6) Subsection (7)(i)(II) provided for the repeal of subsection (7)(i), effective July 1, 2025. (See L. 2023, p. 1292.)

(7) Section 24(3) of chapter 406 (HB 26-1430), Session Laws of Colorado 2026, provides that section 4 of the act changing this section takes effect only if HB 26-1289 becomes law and takes effect either upon the passage of HB 26-1430 or on the effective date of HB 26-1289, whichever is later. HB 26-1289 became law and took effect June 3, 2026, and HB 26-1430 became law and was signed on June 4, 2026.

(8) Section 24(5) of chapter 406 (HB 26-1430), Session Laws of Colorado 2026, provides that section 6 of the act changing this section takes effect only if HB 26-1289 becomes law and an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is approved by the people at the 2026 general election, in which case the amended version of this section takes effect on the date of the official declaration of the vote thereon by the governor or January 1, 2027, whichever is later. HB 26-1289 became law and took effect June 3, 2026.

(9) Section 24(6) of chapter 406 (HB 26-1430), Session Laws of Colorado 2026, provides that section 7 of the act changing this section takes effect only if an initiative that amends the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation is not approved by the people at the 2026 general election or does not appear on the statewide ballot for the 2026 general election, in which case the amended version of this section takes effect on the date of the official declaration of the vote thereon by the governor or January 1, 2027, whichever is later.

Cross references: (1) For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.

(2) For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018.

(3) For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.

(4) For the legislative declaration in HB 22-1351, see section 1 of chapter 159, Session Laws of Colorado 2022. For the legislative declaration in SB 22-176, see section 1 of chapter 387, Session Laws of Colorado 2022.

(5) For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

(6) For the legislative declaration in HB 26-1289, see section 1 of chapter 364, Session Laws of Colorado 2026.

(7) For the short title ("Colorado Budget Protection Act") and the legislative declaration in HB 26-1430, see sections 1 and 2 of chapter 406, Session Laws of Colorado 2026.