Code of Colorado Regulations
600 - Department of Transportation
601 - Transportation Commission and Office of Transportation Safety
2 CCR 601-22 - RULES GOVERNING STATEWIDE TRANSPORTATION PLANNING PROCESS AND TRANSPORTATION PLANNING REGIONS

Current through Register Vol. 47, No. 5, March 10, 2024

STATEMENT OF BASIS AND PURPOSE, STATUTORY AUTHORITY AND PREAMBLE

The purpose of the Rules Governing the Statewide Transportation Planning Process and Transportation Planning Regions (Rules) is to prescribe the statewide transportation planning process through which a long-range Multimodal, comprehensive Statewide Transportation Plan will be developed, integrated, updated, and amended by the Colorado Department of Transportation (Department or CDOT), in cooperation with local governments, Metropolitan Planning Organizations (MPOs), Regional Planning Commissions, Indian tribal governments, relevant state and federal agencies, the private sector, transit and freight operators, and the general public. This cooperative process is designed to coordinate regional transportation planning, guided by the statewide transportation policy set by the Department and the Transportation Commission of Colorado ("Commission"), as a basis for developing the Statewide Transportation Plan. The result of the statewide transportation planning process shall be a long-range, financially feasible, environmentally sound, Multimodal transportation system plan for Colorado that will reduce traffic, air pollution, and smog while providing for efficient, resilient, and safe movement of people, goods and services.

Further, the purpose of the Rules is to define the state's Transportation Planning Regions for which long-range Regional Transportation Plans are developed, and to prescribe the process for conducting and initiating transportation planning in the non-MPO Transportation Planning Regions and coordinating with the MPOs for planning in the metropolitan areas. Memoranda of Agreement (MOA) that serve as the Metropolitan Planning Agreements (MPAs) pursuant to 23 C.F.R. § 450 between the Department, each MPO, and applicable transit provider(s) further prescribe the transportation planning process in the MPO Transportation Planning Regions. In addition, the purpose of the Rules is to describe the organization and function of the Statewide Transportation Advisory Committee (STAC) as established by § 43-1-1104, Colorado Revised Statutes (C.R.S.).

The Rules are promulgated to meet the intent of both the U.S. Congress and the Colorado General Assembly for conducting a continuing, cooperative, and comprehensive statewide performance-based Multimodal transportation planning process for producing a Statewide Transportation Plan and Regional Transportation Plans that address the transportation needs of the State. This planning process, through comprehensive input, results in systematic project prioritization and resource allocation.

The Rules, governing the statewide planning process, emphasize Colorado's continually greater integration of Multimodal, cost-effective, and environmentally sound means of transportation which leads to cleaner air and reduced traffic. The Rules reflect the Commission's and the Department's focus on Multimodal transportation projects including highways, transit, rail, bicycles, and pedestrians. Section 8 of these Rules establishes an ongoing administrative process for identifying, measuring, confirming, and verifying those best practices and their impacts, so that CDOT and MPOs can easily apply them to their plans in order to achieve the pollution reduction levels required by these Rules.

The Rules are promulgated by the Commission pursuant to the specific statutory authority in § 43-1-1103(5), C.R.S., and § 43-1-106(8)(k), C.R.S.

Preamble for 2018 Rulemaking

In 2018, rulemaking was initiated to update the rules to conform to recently passed federal legislation, update expired rules, clarify the membership and duties of the STAC pursuant to HB 16-1169 and HB 16-1018, and to make other minor corrections.

Preamble for 2021 Rulemaking

Overview

Section 8 of these Rules establishes Greenhouse Gas (GHG) pollution reduction planning levels for transportation that will improve air quality, reduce smog, and provide more sustainable options for travelers across Colorado. The purpose of these requirements is to limit the GHG pollution and provide more transportation mobility options. This is accomplished by requiring CDOT and MPOs to establish plans that meet GHG reduction levels through a mix of projects that limit and mitigate air pollution and improve quality of life and Multimodal options. CDOT and MPOs will be required to demonstrate through travel demand modeling and the Environmental Protection Agency Motor Vehicle Emission Simulator (MOVES) approved air quality modeling that statewide and regional aggregate emissions resulting from its state or regional plans do not exceed a specified emissions level in total. In the event that a plan fails to comply, CDOT and MPOs have the option to implement GHG Mitigation Measures that provide travelers with cleaner and more equitable transportation options. Examples of these types of mitigations, which also benefit quality of place and the economic resilience of communities, will include but not be limited to: adding bus rapid transit facilities and services, enhancing first-and-last mile connections to transit, bicycle transportation infrastructure as well as adding bike-sharing services including electric bikes, improving pedestrian facilities like sidewalks and safe accessible crosswalks, investments that support vibrant downtown density and local zoning decisions that favor sustainable building codes and inclusive multi-use facilities downtown, reductions in bus and vehicle idling, bus queue jumps, and more. The method of identifying and approving mitigations will be established by a policy process that allows for ongoing innovations from MPOs, local governments, and other partners to be considered on an iterative basis. CDOT will provide assistance to MPOs when requested. Such policy shall include a process for assigning a larger value for mitigations located within a Disproportionately Impacted Community. Because the assigned values for different project types are expected to be valuable not just for GHG Mitigation Measures but for determining the composition and makeup of plans that will comply with this rule, the process described above is intended as an incentive for investments that provide more mobility options for DI communities. This value shall be informed and adjusted by a subsequent analysis conducted by CDOT's Environmental Justice and Equity Branch to be described as part of the mitigation policy directive.

Further, it is expected that CDOT, MPOs and others shall consider these investments at the time a project is developed and submitted into a transportation plan. For example, applicants of interchange access requests that go to the CDOT Chief Engineer or Transportation Commission for approval should expect to articulate how they intend to mitigate the impacts of the request, such as the induced demand created in the area of the interchange being proposed.

If compliance still cannot be demonstrated, even after committing to GHG Mitigation Measures, the Commission shall restrict the use of certain funds, requiring that dollars be focused on projects and approved GHG Mitigation Measures that reduce GHG. These requirements address the Colorado General Assembly's directive to reduce statewide GHG pollution in § 25-7-102(2)(g), C.R.S., as well as the directive for transportation planning to consider environmental stewardship and reducing GHG emissions, § 43-1-1103(5), C.R.S.

Context of Section 8 of these Rules Within Statewide Objectives

The passage of House Bill (HB)19-1261 set Colorado on a course to dramatically reduce GHG emissions across all sectors of the economy. In HB 19-1261, now codified in part at §§ 25-7-102(2) and 105(1)(e), C.R.S., the General Assembly declared that "climate change adversely affects Colorado's economy, air quality and public health, ecosystems, natural resources, and quality of life[,]" and acknowledged that "Colorado is already experiencing harmful climate impacts[,]" and that "many of these impacts disproportionately affect" certain Disproportionately Impacted Communities. see § 25-7-102(2), C.R.S. The General Assembly also recognized that "[b]y reducing [GHG] pollution, Colorado will also reduce other harmful air pollutants, which will, in turn, improve public health, reduce health care costs, improve air quality, and help sustain the environment." see § 25-7-102(2)(d), C.R.S.

Since 2019, the State has been rigorously developing a plan to achieve the ambitious GHG pollution reduction goals in § 25-7-102(2)(g), C.R.S. In January 2021, the State published its Greenhouse Gas Pollution Reduction Roadmap (Roadmap). The Roadmap identified the transportation sector as the single largest source of statewide GHG pollution as of 2020, with passenger vehicles the largest contributor within the transportation sector. Additionally, the Roadmap determined that emissions from transportation are a "significant contributor to local air pollution that disproportionately impacts lower-income communities and communities of color." see Roadmap, p. XII.

A key finding in the Roadmap recognized that "[m]aking changes to transportation planning and infrastructure to reduce growth in driving is an important tool" to meet the statewide GHG pollution reduction goals. see Roadmap, p. 32. Section 8 of these Rules also advances the State's goals to reduce emissions of other harmful air pollutants, including ozone.

Why the Transportation Commission is Taking This Action

Senate Bill 21-260, signed into law by the Governor on June 17, 2021, and effective upon signature, includes a new § 43-1-128, C.R.S., which directs CDOT and MPOs to engage in an enhanced level of planning, modeling, and other analysis to minimize the adverse environmental and health impacts of planned transportation capacity projects. Section 43-1-128, C.R.S. also directs CDOT and the Commission to take steps to account for the impacts of transportation capacity projects on GHG pollution and Vehicle Miles Traveled and to help achieve statewide GHG pollution targets established in § 25-7-102(2)(g), C.R.S.

Under Colorado law governing transportation planning, CDOT is charged with and identified as the proper body for "developing and maintaining the state transportation planning process and the state transportation plan" in cooperation with Regional Planning Commissions and local government officials. see § 43-1-1101, C.R.S.

The Commission is responsible for formulating policy with respect to transportation systems in the State and promulgating and adopting all CDOT financial budgets for construction based on the Statewide Transportation Improvement Programs. see § 43-1-106(8), C.R.S. The Commission is statutorily charged "to assure that the preservation and enhancement of Colorado's environment, safety, mobility and economics be considered in the planning, selection, construction and operation of all transportation projects in Colorado." see § 43-1-106(8)(b), C.R.S. In addition, the Commission is generally authorized "to make all necessary and reasonable orders, rules and regulations in order to carry out the provisions of this part . . ." see § 43-1-106(8)(k), C.R.S.

As such, CDOT and the Commission are primarily responsible for ensuring compliance with GHG reductions in transportation planning.

What Relevant Regulations Currently Apply to Transportation Planning

Transportation planning is subject to both state and federal requirements. Under federal law governing transportation planning and federal-aid highways, it is declared to be in the national interest to promote transportation systems that accomplish a number of mobility objectives "while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes..." see 23 U.S.C. § 134; see also 23 U.S.C. § 135(a)(1). In the metropolitan planning process, consideration must be given to projects and strategies that will "protect and enhance the environment, promote energy conservation, improve the quality of life..." see 23 U.S.C. § 134(h)(1)(E); see also 23 C.F.R. Part 450 , Subpart B (federal regulations governing statewide transportation planning and programming). The same planning objective applies to statewide transportation planning. see 23 U.S.C. § 135(d)(1)(E); see also 23 C.F.R. Part 450 , Subpart C (governing metropolitan transportation planning and programming). Further, the Statewide Transportation Plan shall be developed, as appropriate, in consultation with State...local agencies responsible for...environmental protection..." see 23 U.S.C. § 135(f)(2)(D)(i).

Under conforming Colorado law, the Statewide Transportation Plan is developed by integrating and consolidating Regional Transportation Plans developed by MPOs and regional transportation planning organizations into a "comprehensive statewide transportation plan" pursuant to rules and regulations promulgated by the Commission. see § 43-1-1103(5), C.R.S. The Statewide Transportation Plan must address a number of factors including, but not limited to, "environmental stewardship" and "reduction of greenhouse gas emissions." see § 43-1-1103(5)(h) and (j), C.R.S.

Regional Transportation Plans must account for the "expected environmental, social, and economic impacts of the recommendations in the transportation plan, including... [a] full range of reasonable transportation alternatives...in order to provide for the transportation and environmental needs of the area in a safe and efficient manner." see § 43-1-1103(1)(d), C.R.S. Further, in developing Regional Transportation Plans, MPOs "[s]hall assist other agencies in developing transportation control measures for utilization in accordance with state...regulations...and shall identify and evaluate measures that show promise of supporting clean air objectives." see § 43-1-1103(1)(e), C.R.S.

Putting Section 8 of these Rules into Perspective

Section 8 establishes GHG regulatory requirements that are among the first of their kind in the U.S. However, from an air pollutant standpoint, connecting transportation planning to emissions is not a new policy area. In fact, transportation conformity provisions within the Clean Air Act approach ozone much the same way. Transportation conformity ensures that federally funded or approved highway and transit activities within a Nonattainment Area are consistent with or "conform to" a state's plan to reduce emissions. Colorado's front range has been in ozone nonattainment for many years, which has required the North Front Range and the Denver Regional Council of Governments' MPOs to demonstrate conformity with each plan adoption and amendment.

However, because the transportation sector encompasses the millions of individual choices people make every day that have an impact on climate, a variety of strategies are necessary to achieve the State's climate goals. Section 8 of these Rules is one of many steps needed to achieve the totality of reduction goals for the transportation sector.

Addressing Disproportionately Impacted Communities

Historically, communities have been impacted unequally by transportation project design and construction, including a lack of access and connectivity. Negative impacts-- both to air quality by virtue of proximity to highways as well as limited non-driving options in neighborhoods proximate to highways--have often concentrated in Disproportionately Impacted Communities, often minority neighborhoods in urban and industrial areas. These rules are an important opportunity to ensure CDOT's planning process and greenhouse gas requirements fully consider these communities and this history. To that end, many provisions were amended and added in the December 2021 update to these rules. Section 4 requires that CDOT's statewide transportation plan include an analysis of impacts on Disproportionately Impacted Communities and, further, that CDOT seek to exchange information with, increase involvement in, and consider the transportation needs of these communities in the transportation planning process. Section 8 stipulates that Mitigation Action Plans include an accounting of the amount of mitigation dollars directly spent in--or designed to serve--Disproportionately Impacted Communities. These plans must also include an explanation of how any GHG Mitigation Measures delayed or canceled in these areas may still be achieved (or their equivalent). Together these provisions strengthen the role of Disproportionately Impacted Communities in selecting transportation projects through the planning process and ensures that appropriate attention and transparency be given to the opportunity provided by greenhouse gas mitigation investments.

Purpose of GHG Mitigation Measures

The transportation modeling conducted for this rulemaking may demonstrate that certain projects increase GHG pollution for a variety of reasons. These reasons may include factors such as induced demand as a result of additional lane mileage attracting additional vehicular traffic, or additional traffic facilitated by access to new commercial or residential development in the absence of public transit options or bicycle/pedestrian access that provides consumers with other non-driving options. Transportation infrastructure itself can also increase or decrease GHG and other air pollutants by virtue of factors like certain construction materials, removal or addition of tree cover that captures carbon pollution, or integration with vertical construction templates of various efficiencies that result in higher or lower levels of per capita energy use. The pollution impacts of various infrastructure projects will vary significantly depending on their specifics and must be modeled in a manner that is context-sensitive to a range of issues such as location, footprint of existing infrastructure, design, and how it fits together with transportation alternatives.

Furthermore, other aspects of transportation infrastructure can facilitate reductions in emissions and thus serve as mitigations rather than contributors to pollution. For example, the addition of transit resources in a manner that can displace Vehicle Miles Traveled (VMT) can reduce emissions. Moreover, improving downtown pedestrian and bike access, particularly in areas that allow individuals to shift multiple daily trips for everything from work to dining to retail, can improve both emissions and quality of life. All told, a reduction in VMT has numerous societal co-benefits including reduced fatal and serious injury crashes, wildlife mortality, and traffic congestion and improvements to public health, worker productivity, and Colorado's economy.

There is an increasing array of proven best practices for reducing pollution and smog and improving economies and neighborhoods that can help streamline decision-making for state and local agencies developing plans and programs of projects. Additionally, the following core principles will guide the selection and delivery of mitigations:

* Valuing Benefits to Disproportionately Impacted Communities: Mitigation investments are an important opportunity to provide localized benefits to Disproportionately Impacted Communities and connecting vulnerable populations with jobs, education, and community services to ensure access to opportunity.

* Geographic Nexus with Impacts: Where regionally significant projects are projected to increase net greenhouse gas emissions, those emissions should be offset with project-specific GHG Mitigation Measures that benefit communities that will be impacted by the project. This principle is especially important for ensuring that Disproportionately Impacted Communities that have often, historically, borne a significant share of the negative impacts of highway projects, are able to achieve direct project benefits associated with meeting mitigation requirements.

* Holistic Air Quality Planning: CDOT and MPOs should be able to demonstrate how they have supported the GHG Mitigation Measures included in a Mitigation Action Plan, through funding, technical assistance, or other forms of support. All proposed GHG Mitigation Measures must be evaluated in a context-sensitive manner to confirm their efficacy to reduce GHG emissions and reviewed periodically for actual performance.

* Verification: The mitigations should be able to be tracked, verified, and reported publicly to ensure real reductions in greenhouse gas emissions.

* Reasonable Scale: CDOT and MPOs are expected to strive for a reasonable relationship between the scale of mitigation required and what is implemented, but are not expected to achieve a precise match. In some cases it also may not be possible, given current tools and models, to determine an exact ton reduction in GHGs. The Department intends to develop a scoring rubric over the coming months, with input from stakeholders, to provide a way to rate the relative effectiveness of measures and align the scale of mitigation needed with the deficit in million metric tons (MMT) needed to achieve the Rule's GHG Reduction Levels.

Entire rule eff. 12/15/2012.
Section SB&P eff. 05/30/2013.
Entire rule eff. 09/14/2018.
Entire rule eff. 01/30/2022.
Rule 8.02.5.1 emer. rule eff. 07/21/2022.
Preamble, rules 1.04, 1.34, 1.44, 8.02.5.1, 8.02.6.4.3, 8.05.2, 8.05.3-.4, 9.02.2-.3 eff. 10/30/2022.

Annotations

Rules 1.22 , 1.25 , 1.42 , 2.03.1 - 2.03.1.4, 4.01, 4.02.1 - 4.02.3, 4.02.5.9, 4.04.2.2, 4.04.2.4, 4.06.1.7, 6.01.2, 7.01, 7.03 - 7.04 (adopted 10/18/2012) were not extended by Senate Bill 13-079 and therefore expired 05/15/2013.