House Bill 25-1228 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the sustainability of state transportation

• Page 1, Line 102infrastructure.

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.)

Currently, "best value" for design-build transportation contracts administered by the department of transportation (department) means the overall maximum value of a proposal to the department after considering all of the evaluation factors described in the specifications for the transportation project or the request for proposals. The bill changes the definition of "best value" to mean a determination resulting from an analysis of proposals by the department to identify the proposal that offers the greatest overall value to the state or community, considering factors including:

• The initial cost and long-term life-cycle cost of the project, including a full life-cycle analysis use stage assessment that is service-environment specific and considers corrosion, predictable service environment changes, maintenance, and replacement rate on economic and environmental impact;
• Balancing initial costs with long-term value, giving consideration to proposals that prioritize durability, minimal maintenance, and life cycle performance to achieve sustainable outcomes;
• Technical quality and project performance;
• Sustainability, including resource efficiency, waste reduction, and energy conservation;
• Environmental impact, specifically the assessment and reduction of carbon emissions throughout the project's life cycle;
• Impact on local communities, including job creation, social equity, and minimization of disruptions to residents;
• Long-term public asset value, including resilience against climate impacts and minimized maintenance burdens to reduce total costs over the asset's lifespan; and
• Resilience based on predictable risk.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 3(a)  Colorado is committed to fostering sustainability and addressing climate change; and

• Page 2, Line 4(b)  Public infrastructure projects should not only prioritize

• Page 2, Line 5economic and environmental cost efficiency in the initial project but

• Page 2, Line 6should also consider the cost over the lifetime of the project, long-term sustainability, and community impact.

• Page 2, Line 7(2)  The general assembly further finds and declares that amending

• Page 2, Line 8the definition of "best value" for transportation contracts to include

• Page 3, Line 1considerations of sustainability, life-cycle cost, community impacts, and

• Page 3, Line 2carbon emissions will ensure that transportation projects align with Colorado's climate and environmental objectives.

• Page 3, Line 3SECTION 2.  In Colorado Revised Statutes, 43-1-1402, amend the introductory portion and (2) as follows:

• Page 3, Line 443-1-1402.  Definitions. As used in this part 14, unless the context otherwise requires:

• Page 3, Line 5(2)  "Best value" means the overall maximum value of a proposal

• Page 3, Line 6to the department after considering all of the evaluation factors described

• Page 3, Line 7in the specifications for the transportation project or the request for

• Page 3, Line 8proposals, including but not limited to the time needed for performance

• Page 3, Line 9of the contract, innovative design approaches, the scope and quality of the

• Page 3, Line 10work, work management, aesthetics, project control, and the total cost of

• Page 3, Line 11the transportation project determination resulting from an analysis

• Page 3, Line 12of proposals by the departmentto identify the proposal that

• Page 3, Line 13offers the greatest overall value to the state or community

• Page 3, Line 14that will be impacted by the project, considering factors including:

• Page 3, Line 15(a)  The initial cost and long-term life-cycle cost of the

• Page 3, Line 16project, including consideration of maintenance, repair frequency, and the long-term durability of materials;

• Page 3, Line 17(b)  Balancing initial costs with long-term value, giving

• Page 3, Line 18consideration to proposals that prioritize durability, minimal

• Page 3, Line 19maintenance, and life cycle performance to achieve sustainable outcomes;

• Page 3, Line 20(c)  Technical quality and project performance, including

• Page 3, Line 21the use of advanced materials that maximize durability,

• Page 4, Line 1corrosion resistance, and structural longevity while minimizing life cycle maintenance and environmental impacts;

• Page 4, Line 2(d)  Sustainability, including resource efficiency, waste reduction, material recyclability, and energy conservation;

• Page 4, Line 3(e)  Environmental impact, specifically the assessment and

• Page 4, Line 4reduction of carbon emissions throughout the project's life

• Page 4, Line 5cycle, and the use of materials that minimize harmful

• Page 4, Line 6environmental runoff, flaking, or particle shedding, including

• Page 4, Line 7materials to prevent problems like rust, metal leaching, and

• Page 4, Line 8paint flaking and other problems that can contaminate surrounding ecosystems;

• Page 4, Line 9(f)  Impact on local communities, including job creation, social equity, and minimization of disruptions to residents;

• Page 4, Line 10(g)  Long-term public asset value, including resilience

• Page 4, Line 11against climate impacts and minimized maintenance burdens to reduce total costs over the asset's lifespan; and

• Page 4, Line 12(h)  Resilience based on predictable risk.

• Page 4, Line 13SECTION 3.  Act subject to petition - effective date. This act

• Page 4, Line 14takes effect at 12:01 a.m. on the day following the expiration of the

• Page 4, Line 15ninety-day period after final adjournment of the general assembly; except

• Page 4, Line 16that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 4, Line 17of the state constitution against this act or an item, section, or part of this

• Page 4, Line 18act within such period, then the act, item, section, or part will not take

• Page 4, Line 19effect unless approved by the people at the general election to be held in

• Page 4, Line 20November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.