Big Ideas Take Shape
Transportation, Insurance, Health Care In Play As The Colorado Legislature Takes A Final Lap For The Year
By Penfield W. Tate III
For the GPHN
We are slowly returning to normal — thanks to Coloradans wearing masks, social distancing and getting vaccinated. There are still, however, indicators of pandemic hangover. Like the legislative session that, again adjusted due to the pandemic, will come to an end June 12 rather than its usual first week of May. Important work has been done, but much remains.
A few months ago, we previewed the Big Ideas at the Capitol, and transportation continues to be one. We talked about the passenger rail line authority previously — more on that in a moment — but Senate Bill 260 Concerning the Sustainability of the Transportation System brings added focus to the issue.
As it passed out of the Senate on a party line vote and moved to the House on May 17, the 207-page measure does several things. It launches new sources of specific funding (approximately $3.7 billion in funding from new fees along with $1.5 billion in existing moneys). It creates four new state enterprises and modifies an existing enterprise. And, it expands the powers of transportation planning organizations.
With new fees ranging from increased gas and diesel fuel fees, retail delivery fees (i.e., Amazon), passenger ride fees (Uber and Lyft), electric motor vehicle registration fees, and short-term vehicle rental fees we will all be contributing. In addition, we may see a measure on the November ballot to fund up to $1.337 billion of transportation revenue anticipation notes.
And what will we receive for this funding and new structures?
Incentives to promote the purchase and use of electric vehicles. The development of an electric vehicle charging station system. Incentives to electrify mass transit. More funding to repair bridges and tunnels. Enhanced planning, taking into consideration the environmental impacts of future transportation development, are interwoven throughout. And the development of a sustainable transportation system, that among other things, addresses inequities in access and the disproportionate impact of transportation development on Black and Hispanic communities.
The bill has widespread support among various business and political organizations, on both sides of the aisle, outside of the Capitol. Under the dome, it has an uphill battle. Although many Republican legislators agree with the idea of increased road funding, alternatives like electronic vehicles and significant fee increases are historically the source of their opposition.
Meanwhile the Front Range Passenger Rail proposal, Senate Bill 238, continues to steam forward with bipartisan support.
Both 238 and 260 reflect a shift in the overall thinking of the people of the state and the legislature. In years past, the people of Colorado clamored for legislation to fund road and bridge repair, improvement and expansion to relieve congestion. Over time those desires expanded to include funding for multi-modal transit options, including rail, bike lanes and electric vehicles. But the fundamental disagreements between Democrats who supported the expanded funding goals, and Republicans who wanted funding limited to roads and bridges and no new taxes or fees, always prevented passage of any bill. Now it appears that the impasse may be weakening. We will see.
Just as President Joe Biden has pushed and Democrats in Congress have passed more COVID-19 relief measures, Colorado is looking to pass legislation to implement the new federal measures. As we go to press, Gov. Jared Polis is planning a press conference to announce the legislation necessary to implement the federal measures. Unemployment relief, direct payments, small business relief and job creation measures are all likely to be included.
Finally, the standoff over insurance and health care reform may be ending also. Two measures are moving forward with some bipartisan support.
Senate Bill 169 looks to end known longstanding discriminatory practices in the underwriting and extending of insurance products. It will end discrimination in the application for insurance by enabling the state Insurance Commissioner to promulgate rules that prohibit discrimination on the basis of race, color, national or ethnic origin, religion, sex, sexual orientation or gender identity. This can be done by limiting the use of predictive models, algorithms, and “external consumer data and informational sources” including credit scores, social media habits, locations, purchasing habits, home ownership, educational attainment, occupation, licensures, civil judgments and court records.
Proponents hope to effectively end “red-lining” in the granting and the denying of various insurance products and the premiums charged for the same. Opponents acknowledge that the bill is headed toward passage and are now hoping to amend it to allow the use of information to support the granting of insurance coverage or lowering rates for deserving applicants.
House Bill 1232, with 36 House and eight Senate sponsors, concerns the establishment of a Colorado Standardized Health Benefit Plan — the “state option” as seen in TV commercials.
The measure is likely to pass the legislature solely on the votes of Democrats. Again, the opposition is looking to modify the bill in some respects to, from their perspective, make it less objectionable. The bill requires the Insurance Commissioner, after a community input process, to establish a standardized health benefit plan to be offered by health insurance carriers in Colorado.
Although the bill contains details about how and when rates are to be set as well as the scope of coverage, the issue is not in the details but the very existence of the concept. Many uninsured in Colorado have been waiting for this moment, while many health insurance companies are adamantly opposed. More on that next month.
Congratulations to our graduates. Everyone enjoy the start of summer and continue to stay safe.
Penfield W. Tate III is an attorney in Denver. He represented Park Hill in the Colorado House of Representatives from 1997 to 2000, and in the State Senate from 2001 to February 2003. He lives in Park Hill.