Currently, "United States Mountain Standard Time" (MST), defined in federal law as coordinated universal time minus 7 hours, is the standard time within Colorado. During the period of daylight saving time (i.e., the second Sunday in March to the first Sunday in November) time is advanced one hour. Federal law allows a state to stay on standard time year round, but does not currently allow a state to adopt daylight saving time year round. The act makes daylight saving time, defined as coordinated universal time minus 6 hours, the year-round standard time within the state. The change takes effect only if a federal law is enacted to allow states to remain on daylight saving time year round and at least 4 states in the MST zone, in addition to Colorado, enact legislation making daylight saving time the state's standard time throughout the year. (Note: This summary applies to this bill as enacted.)
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The act creates the orphaned wells mitigation enterprise (enterprise) in the department of natural resources for the purpose of: Imposing and collecting mitigation fees; Funding the plugging, reclaiming, and remediating of orphaned wells in the state; Ensuring that the costs associated with the plugging, reclaiming, and remediating of orphaned wells are borne by operators in the form of mitigation fees; and Determining the amounts of mitigation fees. On or before August 1, 2022; on or before April 30, 2023; and on or before April 30 each year thereafter, each operator shall pay a mitigation fee to the enterprise for each well that has been spud but is not yet plugged and abandoned, in accordance with rules promulgated by the Colorado oil and gas conservation commission (commission), in the following amounts: For operators with production that is equal to or less than a threshold to be determined by rules of the commission, $125 for each well; or For operators with production that exceeds a threshold to be determined by rules of the commission, $225 for each well. Money collected as mitigation fees is credited to the orphaned wells mitigation enterprise cash fund (fund), which is created in the act. The act also creates the orphaned wells mitigation enterprise board (enterprise board) and requires the enterprise board to administer the enterprise and, at least annually, to: Consider whether the mitigation fee amounts should be increased or reduced, based on current circumstances and reasonably anticipated future expenditures from the fund; If the enterprise board determines that an increase or reduction of the mitigation fee amounts is warranted, adjust the mitigation fee amounts; and Advise the commission of the outcome of the enterprise board's deliberations. The commission may promulgate rules as necessary to implement the enterprise. (Note: This summary applies to this bill as enacted.)
Currently, "United States Mountain Standard Time" (MST) is the standard time within Colorado, except during the period of daylight saving time (i.e., the second Sunday in March to the first Sunday in November) when time is advanced one hour. If the registered electors of the state approve the bill at the November 2022 general election, the entire state will be exempt from observing daylight saving time in the future, beginning in 2023, and MST will be the year-round standard time in the state.(Note: This summary applies to this bill as introduced.)
The act requires the state revenue and expenditure web-based system (web-based system), which is a free, searchable, web-based system that provides public access to information about state and county revenue and expenditures, to include, without redaction, the name of the vendor paid in connection with each expenditure included in the system; except that the web-based system is not required to include the legal name of the vendor if the state agency has determined that the public interest is best served by excluding the legal name of the vendor or that including the legal name of the vendor is otherwise prohibited by law. In addition, the act changes the responsibility for managing the web-based system from the chief information officer in the office of information technology to the department of personnel. (Note: This summary applies to this bill as enacted.)
Colorado law sets weight limits for vehicles that travel over roads. One of the factors that determines a vehicle's weight limit is whether a load is divisible, which means that the load can be divided up to lower its weight. The act deems that a load of fluid milk products carried by a vehicle is not a divisible load. (Note: This summary applies to this bill as enacted.)
The bill requires the department of transportation (CDOT) to contract with a private sector expert to review the dispute review board stage of the process used to resolve contractual disputes between CDOT and contractors and complete a report making recommendations for best practices and improvements to CDOT by December 15, 2022. CDOT and the contractor must then present the report as part of CDOT's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation to its legislative oversight committees. CDOT is also required to convene a committee of a contractor, CDOT, and legislative members to oversee the work of the expert.(Note: This summary applies to this bill as introduced.)
The bill requires the proposed budget allocation plan (plan) for money subject to the department of transportation's (department) jurisdiction to include the following for the department's headquarters and each engineering region designated by the department: Personnel costs including salaries and benefits; Facilities costs including utilities, maintenance, and any other expenses associated with facilities; and Any other expenses. The bill also requires the plan to include the following for any project involving the maintenance of the state highway and transportation systems: Personnel costs including salaries and benefits; Facilities costs including utilities, maintenance, and any other expenses associated with facilities; and Any other expenses. Finally, the bill prohibits the department, beginning July 1, 2023, from using an indirect or construction engineering rate for the expenses listed in its plan. (Note: This summary applies to this bill as introduced.)
The bill requires the transportation commission (commission) to annually contract with a fairness monitor to review and monitor the procurement process for transportation projects that the department of transportation (department) or an agency or enterprise of the department intends to procure using an alternative form of contracting. An alternative form of contracting is any method of procurement used by the department or an agency or enterprise of the department for a transportation project other than design bid build contracting. Before the department or an agency or enterprise of the department uses an alternative form of contracting to procure a transportation project, the fairness monitor is required to: Review the project to determine whether use of the alternative form of contracting will result in successful completion of the project sooner or at a lower cost; Review the decision making process by all involved department, agency, or enterprise employees regarding the decision to use an alternative form of contracting for the project; Oversee the fairness of the project criteria development, project advertisement, and contractor selection processes for the project; and Report to the contracting fairness committee (committee) required to be created by the commission regarding these reviews and oversight and make a recommendation to the committee as to whether the alternative form of contracting proposed for the project should be used. The committee is required to review the information and recommendations reported to it by the fairness monitor and report to the commission its assessment of any recommendation of the fairness monitor that an alternative form of contracting project should not be used for a project. For any transportation project for which an alternative form of contracting is used, the fairness monitor is required to designate a third-party team of private persons with expertise in contracting for transportation projects for the purpose of monitoring the fairness of the procurement process for the project. The department or an agency or enterprise of the department is required to pay the costs of the third-party team and to impose an equal fee on all contractors seeking to be selected for the project in an amount calculated to generate 50% of the amount needed to pay those costs. Upon the completion of construction for any transportation project for which an alternative form of contracting is used, the fairness monitor is required to conduct a review of the project that, at a minimum: Compares actual project completion costs and time to the original budget, contract amount, and schedule for the project; and Makes a record of any claims, disputes, or pending litigation arising out of the project. The fairness monitor is required to report the results of the review to the committee. (Note: This summary applies to this bill as introduced.)
The membership of the transportation commission (commission) currently consists of 11 members appointed by the governor with the consent of the senate from statutorily designated districts. If the bill is approved by the voters of the state at the November 2022 general election, on February 1, 2025, section 2 of the bill will replace the current membership of the commission with 9 members elected at the November 2024 general election, one from each congressional district of the state and one from the state at large. Thereafter, whenever the number of congressional districts in the state is odd, the membership of the commission consists of one member elected from each congressional district of the state, and whenever the number of congressional districts in the state is even, the membership of the commission consists of one member elected from each congressional district of the state and one member elected from the state at large. Commission members' terms are 4 years; except that: The initial terms of the members elected at the 2024 general election from the first, third, fifth, and seventh congressional districts and the initial term of the member elected from the state at large are 2 years; and Whenever congressional redistricting changes the number of congressional districts from even to odd, the term of the member of the commission elected from the state at large who is serving on the effective date of the redistricting ends upon the commencement of the terms of the members of the commission elected at the first general election held after the redistricting occurs. The governor is required to fill any vacancy that may occur in the commission. An individual appointed to fill a vacancy remains a member of the commission until the next general election and until the individual's successor is elected and duly qualified. On and after February 1, 2025, each member of the commission elected from a congressional district must actually reside in the congressional district that the member represents and any member elected from the state at large must actually reside in the state. If a member elected from a congressional district ceases to reside in the district or a member elected from the state at large ceases to live in the state, the members shall be deemed to have resigned as a member of the commission. On and after February 1, 2025, section 1 requires the commission to select the executive director of the department of transportation and specifies that the executive director serves at the pleasure of the commission; except that the executive director appointed by the governor with the consent of the senate who is serving as of February 1, 2025, remains the executive director until the commission appoints a successor, which the commission is required to do no later than July 1, 2025.Sections 3 through 10 make conforming amendments to the "Uniform Election Code of 1992" to ensure that candidates for the commission and members of the commission are treated similarly to candidates for and members of the state board of education and the regents of the university of Colorado with respect to membership on party committees, nomination as candidates, resolution of tie vote situations, election contests, and campaign finance disclosure requirements.(Note: This summary applies to this bill as introduced.)
Before the act was passed, the law provided for an electronic system to transmit registration, lien, and titling information to the department of revenue (department).The act imposes a per-transaction fee up to $3, set by the department, on third-party providers that issue registrations and titles to administer the system. This fee will also be set and collected to reimburse the general fund for the $1,631,792 appropriated to implement the system.The general assembly is authorized to make an appropriation from the general fund or the highway users tax fund to fund the system. For the 2021-22 state fiscal year, $1,631,792 is appropriated from the general fund to the department.(Note: This summary applies to this bill as enacted.)