HB 1248

                            Second Regular Session
                         Seventy-fifth General Assembly
                           STATE OF COLORADO
                                                                           INTRODUCED
LLS NO. 26-0773.01 Rebecca Bayetti x4348  HOUSE BILL 26-1248
                             HOUSE SPONSORSHIP
 Johnson,
                            SENATE SPONSORSHIP
 Pelton R.,
House Committees  Senate Committees
Transportation, Housing & Local Government
                                     A BILL FOR AN ACT
101     CONCERNING FREIGHT TRANSPORT, AND, IN CONNECTION THEREWITH,
102MODIFYING PERMITTING PROCESSES FOR OVERSIZE AND
103OVERWEIGHT VEHICLES.
                                           Bill Summary
             (Note: This summary applies to this bill as introduced and does
     not reflect any amendments that may be subsequently adopted. If this bill
     passes third reading in the house of introduction, a bill summary that
     applies to the reengrossed version of this bill will be available at
     http://leg.colorado.gov.)
            Beginning on July 1, 2026, the bill directs state-level permit fees
     and supplemental surcharges for oversize and overweight vehicles and
     longer vehicle combinations to the freight cash fund (fund), which is
     newly created in the office of freight mobility and safety (office) in the
     transportation development division of the department of transportation
           Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
        Capital letters or bold & italic numbers indicate new material to be added to existing law.
              Dashes through the words or numbers indicate deletions from existing law.
(department). The fund is appropriated for use by the office for the
following main purposes:
        !      For funding freight-related projects; and
        !      To support the office in functions related to freight
               projects, movement, and infrastructure, including the
               administrative costs of the office.
        In funding freight-related projects from the fund, the office is
required to attempt to direct money in a manner that is proportional to the
amount of freight routes and the impact of freight traffic in the affected
community or region of the state.
        The office may also use money in the fund to create and maintain
a centralized online permitting system for oversize permits, overweight
permits, and other types of freight or transport permits issued by the
department, the Colorado state patrol, or any local government. The
centralized permitting system must allow a person to apply for and be
issued all necessary state and local permits for a route in a single
transaction and pay for all associated permit fees and surcharges for that
route in a single transaction. By September 1, 2027, the office is required
to conduct a feasibility study relating to the centralized permitting system
and must report to the transportation legislation review committee during
the 2027 legislative interim on the completed feasibility study and any
progress toward implementing the centralized permitting system. The
office is required to implement the centralized permitting system by July
1, 2029, either by creating a new online permitting system or by
modifying an existing online permitting system.
1 Be it enacted by the General Assembly of the State of Colorado:
2SECTION 1. In Colorado Revised Statutes, 42-4-505, add (1)(d)
3 as follows:
442-4-505. Longer vehicle combinations - rules.
5(1) (d) FOR PERMIT FEES COLLECTED ON OR AFTER JULY 1, 2026,
6  THE DEPARTMENT OF TRANSPORTATION AND THE COLORADO STATE
7  PATROL SHALL TRANSMIT ALL PERMIT FEES COLLECTED PURSUANT TO
8  SUBSECTION (1)(a) OF THIS SECTION TO THE STATE TREASURER, WHO
9  SHALL CREDIT THE PERMIT FEES TO THE FREIGHT CASH FUND CREATED IN
10 SECTION 43-1-117 (6).
11SECTION 2. In Colorado Revised Statutes, 42-4-510, add
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1 (11)(c) and (11.5) as follows:
242-4-510.    Permits for excess size and weight and for
3 manufactured homes - penalty - rules - definitions.
4(11) (c) (I) FOR PERMIT FEES COLLECTED ON OR AFTER JULY 1,
5 2026, THE DEPARTMENT OF TRANSPORTATION AND THE COLORADO STATE
6 PATROL SHALL TRANSMIT ALL PERMIT FEES COLLECTED PURSUANT TO
7 SUBSECTION (11)(a) OF THIS SECTION TO THE STATE TREASURER, WHO
8 SHALL CREDIT THE PERMIT FEES TO THE FREIGHT CASH FUND CREATED IN
9 SECTION 43-1-117 (6).
10(II) THIS SUBSECTION (11)(c) DOES NOT APPLY TO LOCAL FEES
11 IMPOSED BY A LOCAL GOVERNMENT OR LOCAL AUTHORITY PURSUANT TO
12 SUBSECTION (11)(b) OF THIS SECTION, WHICH ARE REMITTED TO THE
13 APPROPRIATE LOCAL GOVERNMENT OR LOCAL AUTHORITY.
14(11.5) (I) BEGINNING ON JULY 1, 2026, THE DEPARTMENT OF
15 TRANSPORTATION OR THE COLORADO STATE PATROL MAY CHARGE A
16 SUPPLEMENTAL OVERSIZE AND OVERWEIGHT VEHICLE SURCHARGE IN AN
17 AMOUNT EQUAL TO THE AMOUNT OF THE FEE CHARGED PURSUANT TO
18 SUBSECTION (11)(a) OF THIS SECTION FOR THE ISSUANCE OF THE SINGLE
19 TRIP PERMIT; EXCEPT THAT THE SURCHARGE MUST NOT BE IMPOSED ON A
20 VEHICLE IF THE SINGLE TRIP PERMIT FEE WAS IMPOSED PURSUANT TO
21 SUBSECTION (11)(a)(VI)(B) OF THIS SECTION.
22(II) THE DEPARTMENT OF TRANSPORTATION OR THE COLORADO
23 STATE PATROL SHALL COLLECT THE SUPPLEMENTAL OVERSIZE AND
24 OVERWEIGHT VEHICLE SURCHARGE AT THE SAME TIME AS IT COLLECTS THE
25 SINGLE TRIP PERMIT FEE. THE DEPARTMENT OF TRANSPORTATION AND THE
26 COLORADO STATE PATROL SHALL TRANSMIT ALL SUPPLEMENTAL
27 SURCHARGES COLLECTED PURSUANT TO THIS SUBSECTION (11.5) TO THE
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1 STATE TREASURER, WHO SHALL CREDIT THE SUPPLEMENTAL SURCHARGES
2 TO THE FREIGHT CASH FUND CREATED IN SECTION 43-1-117 (6).
3SECTION 3. In Colorado Revised Statutes, add 42-4-514 as
4 follows:
542-4-514. Centralized online permitting system - feasibility
6 study - office of freight mobility and safety - reporting - rules -
7 definitions.
8(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
9 OTHERWISE REQUIRES:
10(a) "CENTRALIZED PERMITTING SYSTEM" MEANS THE CENTRALIZED
11 ONLINE PERMITTING SYSTEM FOR OVERSIZE PERMITS, OVERWEIGHT
12 PERMITS, AND OTHER TYPES OF FREIGHT OR TRANSPORT PERMITS ISSUED
13 BY THE DEPARTMENT OF TRANSPORTATION, THE COLORADO STATE
14 PATROL, OR ANY LOCAL GOVERNMENT OR LOCAL AUTHORITY.
15(b) "OFFICE" MEANS THE OFFICE OF FREIGHT MOBILITY AND
16 SAFETY CREATED IN SECTION 43-1-117 (4) IN THE TRANSPORTATION
17 DEVELOPMENT DIVISION OF THE DEPARTMENT OF TRANSPORTATION.
18(2) Centralized permitting system.
19(a) (I) ON OR BEFORE JULY 1, 2029, THE OFFICE SHALL IMPLEMENT
20 AN ONLINE CENTRALIZED PERMITTING SYSTEM TO ALLOW A PERSON TO
21 OBTAIN ANY NECESSARY OVERSIZE PERMIT, OVERWEIGHT PERMIT, OR
22 OTHER FREIGHT OR TRANSPORT PERMITS FROM A STATE OR LOCAL
23 GOVERNMENT OR LOCAL AUTHORITY. THE CENTRALIZED PERMITTING
24 SYSTEM MUST ALLOW A PERSON TO APPLY FOR AND BE ISSUED ALL
25 NECESSARY STATE AND LOCAL PERMITS FOR A ROUTE IN A SINGLE
26 TRANSACTION AND PAY FOR ALL ASSOCIATED PERMIT FEES AND
27 SURCHARGES FOR THAT ROUTE IN A SINGLE TRANSACTION.
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1(II) IN IMPLEMENTING THE CENTRALIZED PERMITTING SYSTEM, THE
2  OFFICE SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION,
3 THE COLORADO STATE PATROL, AND APPLICABLE LOCAL GOVERNMENTS
4 OR LOCAL AUTHORITIES.
5(III) TO COMPLY WITH THIS SUBSECTION (2)(a), THE OFFICE MAY
6 CREATE A NEW ONLINE PERMITTING SYSTEM OR MODIFY AN EXISTING
7  ONLINE PERMITTING SYSTEM.
8(b) (I) ALL STATE FEES OR SURCHARGES COLLECTED THROUGH THE
9 CENTRALIZED PERMITTING SYSTEM MUST BE TRANSMITTED TO THE STATE
10 TREASURER, WHO SHALL CREDIT THE PERMIT FEES TO THE FREIGHT CASH
11 FUND CREATED IN SECTION 43-1-117 (6).
12(II) ALL LOCAL FEES COLLECTED THROUGH THE CENTRALIZED
13 PERMITTING SYSTEM MUST BE REMITTED TO THE APPROPRIATE LOCAL
14 GOVERNMENT OR LOCAL AUTHORITY.
15(c) IN ADDITION TO ANY OTHER POWERS GRANTED BY LAW, THE
16 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION, OR THE
17 EXECUTIVE DIRECTOR'S DESIGNEE, IS AUTHORIZED TO NEGOTIATE AND
18 ENTER INTO APPROPRIATE AGREEMENTS WITH LOCAL GOVERNMENTS AND
19 LOCAL AUTHORITIES TO FACILITATE THE CENTRALIZED PERMITTING
20 SYSTEM.
21(3) Feasibility study.
22(a) NO LATER THAN SEPTEMBER 1, 2027, THE OFFICE SHALL STUDY
23 THE FEASIBILITY OF IMPLEMENTING A CENTRALIZED PERMITTING SYSTEM
24 AS REQUIRED BY SUBSECTION (2) OF THIS SECTION AND EVALUATE
25 OPPORTUNITIES TO IMPROVE PERMITTING PROCESSES.
26(b) DURING THE 2027 LEGISLATIVE INTERIM, THE OFFICE SHALL
27 REPORT TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE
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1 CREATED IN SECTION 43-2-145 ON THE COMPLETED FEASIBILITY STUDY
2 AND ANY PROGRESS TOWARD IMPLEMENTING THE CENTRALIZED
3 PERMITTING SYSTEM.
4(4) Rules. THE TRANSPORTATION COMMISSION MAY ADOPT RULES
5 AS NECESSARY TO IMPLEMENT AND ADMINISTER THIS SECTION.
6SECTION 4. In Colorado Revised Statutes, 43-1-117, amend (4);
7 and add (6) as follows:
843-1-117. Transportation development division - created -
9 duties - office of freight mobility and safety - freight cash fund -
10 repeal.
11(4) The OFFICE OF freight mobility and safety branch is created in
12 the transportation development division. The function of the OFFICE OF
13 freight mobility and safety branch is to plan, design, and implement
14 programs and projects that enhance freight mobility and safety within the
15 state. No later than January 1, 2022, the OFFICE OF freight mobility and
16 safety branch shall provide to the commission a long-term strategic plan
17 that sets forth the vision and goals for the branch OFFICE, key priorities for
18 all freight-related programs, activities, and projects, and guidelines for
19 coordination between the branch OFFICE and the freight advisory
20 committee.
21(6) (a) THE FREIGHT CASH FUND IS CREATED IN THE STATE
22 TREASURY. THE FUND CONSISTS OF THE PERMIT FEES CREDITED TO THE
23 FUND PURSUANT TO SECTIONS 42-4-505 (1)(d) AND 42-4-510 (11)(c), THE
24 SUPPLEMENTAL OVERSIZE AND OVERWEIGHT SURCHARGES CREDITED TO
25 THE FUND PURSUANT TO SECTION 42-4-510 (11.5), AND ANY OTHER
26 MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER
27 TO THE FUND.
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1(b) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
2 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
3 FREIGHT CASH FUND TO THE FUND.
4(c) (I) MONEY IN THE FREIGHT CASH FUND IS CONTINUOUSLY
5 APPROPRIATED TO THE OFFICE OF FREIGHT MOBILITY AND SAFETY FOR THE
6 FOLLOWING PURPOSES:
7(A) TO CONDUCT THE FEASIBILITY STUDY AND SUPPORT THE
8 IMPLEMENTATION AND MAINTENANCE OF A CENTRALIZED ONLINE
9 PERMITTING SYSTEM PURSUANT TO SECTION 42-4-514;
10(B) FOR FUNDING FREIGHT-RELATED PROJECTS; AND
11(C) TO SUPPORT THE OFFICE IN FUNCTIONS RELATED TO FREIGHT
12 PROJECTS,    MOVEMENT,      AND    INFRASTRUCTURE,   INCLUDING     THE
13 ADMINISTRATIVE COSTS OF THE OFFICE.
14(II) IN FUNDING FREIGHT-RELATED PROJECTS FROM THE FUND, THE
15 OFFICE SHALL ATTEMPT TO DIRECT MONEY IN A MANNER THAT IS
16 PROPORTIONAL TO THE AMOUNT OF FREIGHT ROUTES AND THE IMPACT OF
17 FREIGHT TRAFFIC IN THE AFFECTED COMMUNITY OR REGION OF THE STATE.
18(d) THE FREIGHT CASH FUND IS EXEMPT FROM THE LIMITATIONS
19 SET FORTH IN SECTION 24-75-402.
20SECTION 5. In Colorado Revised Statutes, 43-4-804, amend
21 (1)(c)(I); and add (1)(c)(III) as follows:
2243-4-804. Highway safety projects - surcharges, fees, and fines
23 - crediting of money to highway users tax fund - rules - definitions -
24 repeal.
25(1) The following surcharges, fees, and fines shall be collected
26 and credited to the highway users tax fund created in section 43-4-201
27 (1)(a) and allocated to the state highway fund, counties, and
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1 municipalities as specified in section 43-4-205 (6.3):
2(c) (I) ON AND BEFORE JUNE 30, 2026, a supplemental oversize
3 and overweight vehicle surcharge in an amount equal to the amount of the
4 fee charged pursuant to section 42-4-510 (11)(a) C.R.S., by the
5 department or the Colorado state patrol for the issuance of the single trip
6 permit; except that the surcharge shall not be imposed on a vehicle if the
7 single trip permit fee was imposed pursuant to section 42-4-510
8 (11)(a)(VI)(B). C.R.S.
9(III) THIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JANUARY 1,
10 2027.
11SECTION 6. In Colorado Revised Statutes, 24-75-402, amend
12 (5)(mmm) and (5)(nnn); and add (5)(ooo) as follows:
1324-75-402. Cash funds - limit on uncommitted reserves -
14 reduction in the amount of fees - exclusions - definitions.
15(5) Notwithstanding any provision of this section to the contrary,
16 the following cash funds are excluded from the limitations specified in
17 this section:
18(mmm) The reentry services for justice-involved individuals
19 reinvestment cash fund created in section 25.5-4-505.7; and
20(nnn) The health-related social needs reinvestment cash fund
21 created in section 25.5-5-340; AND
22(ooo) THE FREIGHT CASH FUND CREATED IN SECTION 43-1-117 (6).
23SECTION 7.        Safety clause. The general assembly finds,
24 determines, and declares that this act is necessary for the immediate
25 preservation of the public peace, health, or safety or for appropriations for
26 the support and maintenance of the departments of the state and state
27 institutions.
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