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, resiliency, and carbon
Page 3, Line 2emissions 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 proposals, including but not limited to the
time needed for performancePage 3, Line 8project schedule, innovative solutions, increased scope,
Page 3, Line 9improved quality, aesthetics, sustainability, environmental
Page 3, Line 10impact, resilience, initial cost, and long-term life-cycle cost of
Page 3, Line 11the transportation project.
of the contract, innovative designPage 3, Line 12
approaches, the scope and quality of the work, work management,Page 3, Line 13
aesthetics, project control, and the total cost of the transportation projectPage 3, Line 14SECTION 3. Act subject to petition - effective date. This act
Page 3, Line 15takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 16ninety-day period after final adjournment of the general assembly; except
Page 3, Line 17that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 18of the state constitution against this act or an item, section, or part of this
Page 3, Line 19act within such period, then the act, item, section, or part will not take
Page 3, Line 20effect unless approved by the people at the general election to be held in
Page 3, Line 21November 2026 and, in such case, will take effect on the date of the
Page 3, Line 22official declaration of the vote thereon by the governor.