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CDOT liaison previews bill to expand enterprise construction and asset‑management powers

Transportation Commission · April 24, 2026

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Summary

CDOT legislative liaison Emily Hathaway said an amendment drafted for the CDOT cleanup bill would give the enterprise statutory authority for design, construction oversight and ownership similar to the bridge and tunnel enterprise; the change will be circulated to the board for review.

Emily Hathaway, legislative liaison for CDOT, briefed the board on a drafted amendment to grant the enterprise additional statutory powers for design, construction oversight and asset management.

Hathaway said the amendment mirrors language in the bridge and tunnel enterprise statute and would add a new section authorizing the enterprise to "engage in all activities necessary to directly mitigate the environmental and health impacts of air pollution, including the administration, acquisition, design, construction, improvement, maintenance, and pursuit of other innovative and efficient means for completing eligible projects" (language reported by Hathaway and shown as new text in the draft). She said CDOT staff recommend including the amendment in the CDOT cleanup bill rather than filing it as a standalone measure and that legal counsel had reviewed the language.

Board members discussed what the authority would mean in practice, including whether enterprises in existing statute already have bonding or contracting authority. Staff and counsel said the authority would give the enterprise more flexibility to structure projects and, where appropriate, enter into contracts and partnerships; they noted that enterprise funds alone would not typically cover a full large project such as a BRT corridor and that cost‑sharing, partnerships and possible bonding would be part of future conversations.

Hathaway also flagged a separate bill she is tracking that would change the allocation of the retail delivery fee to the multimodal options fund — described in the meeting as an increase in the state share from 15% to 30% — and said she would circulate the amendment draft after the meeting for board review and offer to meet individually with members who have questions.

Board members offered to provide hearing‑room support if needed; Hathaway said her team expects to keep testimony brief and would follow up with material and coordinate with staff and counsel.