Modernizing Regional Transportation District

     The bill changes requirements for the regional transportation district (RTD). Section 3 requires RTD, on or before December 31, 2027, to contract with a third party to complete and submit to the general assembly a comprehensive analysis and planning effort that informs a holistic vision and plan for providing service to riders with disabilities in the district and that includes:

• A needs assessment of the population, needs, and service gaps for riders with disabilities in the district;
• An assessment of possible improvements to the integration of access-a-ride and access-on-demand paratransit services;
• An assessment of opportunities for the district to collaborate with local and regional partners to address service gaps;
• Engagement with paratransit users, riders with disabilities, service providers, and other key stakeholders;
• The establishment of an overarching framework and goals to guide future paratransit decision-making;
• A plan for fiscal sustainability that is informed by considerations of long-term cost projections, tradeoffs between services, and peer agency comparisons; and
• An assessment and plans for the use of any innovative and technology-enabled service models.

      Section 4 changes elections for RTD board members (members) for the November 2028 election by requiring the office of legislative legal services and the legislative council staff to apportion the composition of the board so that the 5 elected directors will represent, to the extent practical, the people of the district on the basis of population. After the federal census in 2030, and after each federal census thereafter, the independent legislative redistricting commission is required to apportion the composition of the board so that the 5 elected directors will represent, to the extent practical, the people of the district on the basis of population. The office of legislative legal services, the legislative council staff, and the independent legislative redistricting commission are required to take into account the most recently available district ridership numbers when drawing director districts. Members elected from newly drawn districts may serve up to 2 4-year terms.

      Section 5 makes conforming changes.

      Section 6 specifies that the board may elect one member as chairperson of the board to serve for a term of 2 years, elect one member as chairperson pro tempore of the board, and elect one or more individuals as secretary and treasurer of the board. Section 7 changes the number of members that constitutes a quorum of the RTD board from 8 to 5.

      Section 8 changes the salary for a member that is not selected as board chairperson and is elected or appointed in 2028 or later from $12,000 to $36,000 annually, adjusted for inflation or deflation. The salary for a board chairperson selected after the general election in November 2028 equals 150% of the salary of a member who is not selected as board chairperson.

      Section 9 changes the composition of the RTD board. Current law provides for 15 board members, all of whom are elected. The bill provides that, beginning January 1, 2029, the current members' terms will expire and the terms of 9 new members will begin, with 5 of those members being elected and 4 being appointed by the governor. Of the 4 newly appointed members:

• 2 must be appointed from a list of nominees provided by the Denver regional council of governments; and
• 2 must be appointed at the governor's discretion.

     On and after January 1, 2029, the 4 appointed members are each required to reside within the district, represent the district at large, and must be confirmed by the senate after appointment. At least one member must be a current or former member of the union that represents the largest collective bargaining unit of employees of the district. The 4 appointed members are collectively required to possess expertise related to the following areas:

• Finance;
• Land use and multimodal transportation planning;
• Transit operations; and
• Transit agency programs serving disproportionately impacted communities.

     Beginning in 2028, the Denver regional council of governments shall provide the governor with a list of nominees for board member, from which list the governor shall select members. The list must contain at least 3 times the number of qualified nominees as there are member positions to be filled, and the Denver regional council of governments is required to comply with certain requirements when compiling the list.

     Newly appointed members may serve up to 2 terms, with each term expiring after a member has served for 4 consecutive calendar years; except that 2 of the initial appointees will serve an initial term of 2 years. Any term served by a member that lasts for less than 2 years does not count towards the member's 2-term limit.

     The member terms are staggered such that, on January 1, 2031, 4 of the 9 members' terms expire. At the November 2030 general election, and at every general election in an even-numbered year thereafter, the number of members to be elected at the election equals the number of member terms expiring on January 1 of the following year. On or before the day of the November 2030 general election, and on or before the day of the November general election in every even-numbered year thereafter, the governor shall appoint 2 new board members, one of whom is from a list of nominees provided by the Denver regional council of governments, and one of whom is appointed at the governor's discretion.

     If the seat of a member that was chosen from a list of nominees provided by the Denver regional council of governments is vacant, the Denver regional council of governments shall, within 60 days after the vacancy occurs, provide the governor with a list of at least 3 qualified nominees for the vacant member seat. The governor shall, within 60 days after receiving the list or 60 days after the vacancy occurs, whichever is later, select a member from the list to fill the vacancy. If the seat of a member that the governor appointed at the governor's discretion is vacant, the governor shall, within 60 days after the vacancy occurs, select a member to fill the vacancy at the governor's discretion.

     The governor may remove an appointed member for malfeasance in office, neglect of duty, failure to regularly attend meetings, or any other cause that renders the member incapable or unfit to discharge the duties of the board. If any member is absent from 2 consecutive meetings without reasonable cause, the chairperson shall notify the governor, who may remove the absent member and appoint a qualified replacement for the unexpired term. A prospective member to be appointed shall disclose any potential conflicts of interest prior to confirmation and shall disclose any conflicts that arise during the member's term at a public board meeting. Failure to disclose, or taking action on a matter in which the member has an undisclosed conflict of interest, constitutes cause for removal by the governor.
(Note: This summary applies to this bill as introduced.)