By HANNAH METZGER hannah.metzger@coloradopolitics.com
Lawmakers on Monday shot down a bill that sought to reduce single-occupancy vehicle trips by requiring larger businesses to provide alternative transportation options for employees.
A House voted to indefinitely postpone the measure, 1-9.
The postponement came after two hours of debate and a slew of proposed changes that resulted in a watered-down bill, which business groups said went too far and environmental activists said didn’t go far enough.
“Folks get a certain mindset about how a bill’s going to go and even if you say ‘yes’ to their requests, they’re going to say 'no' to supporting you,” said bill sponsor Rep. Matt Gray, D-Broomfield. “This was a good bill as drafted. It would’ve been a good bill as amended.”
As drafted, House Bill 1138 would have required businesses with over 100 employees to provide alternative transportation options for employees, offer cash allowance in lieu of parking spaces and offer transportation fringe benefits. The bill would have also created an income tax credit to incentivize businesses of all sizes to provide alternative transportation options.
During the panel meeting, Gray brought forward several amendments to the bill that would have removed the tax credit and mandate, leaving it as a voluntary program to help businesses understand what commuting options they have.
While environmental activists stood behind the bill with or without the changes, they implored the panel to reject the amendments, pointing out that transportation is the No. 1 source of greenhouse gas emissions in Colorado, according to the state’s Department of Public Health and Environment.
“This is an emergency and we need our leaders to act in every way possible,” said Jenny Gaeng with Conservation Colorado. “We are in an unprecedented crisis that is claiming people’s lives. Air quality on the Front Range has become unlivable in the summer months, with 65 ozone action alert days in 2021 alone when the government declared that it was unsafe to be outside.”
Colorado aims to reduce its greenhouse gas emissions 26% by 2025, 50% by 2030 and 90% by 2050 compared to 2005 levels. Last year, the state said it was not on track to meet these goals, projecting transportation emissions to be reduced by only around 40% by the end of the decade.
Some panel members also spoke against the proposed amendments, saying the watered-down bill would not be effective enough to justify the costs — $3 million annually for six years for transportation organizations to assist businesses in structuring their transportation options.
“One thing I’m grappling with is whether it’s an effective mechanism,” said Rep. Kerry Tipper, D-Lakewood. “What is the remaining benefit?”
Even with the many amendments, business groups stood in firm opposition to the bill Monday, saying they are concerned about liability and privacy issues that could come from providing alternative transportation options for employees.
More than two dozen businesses and business organizations registered against the bill, including multiple contractor associations, health care associations, the city of Aurora, Weld County and the chambers of commerce for Colorado Springs, the Denver metro area and the state of Colorado.
“Employers can play a role in encouraging and assisting their employees in making commute decisions, but it isn’t appropriate to insert employers in these personal decisions,” said Rachel Beck with the Colorado Springs Chamber and Economic Development Corporation. “Certain options and delivery of services like guaranteed rides home are the job of transit and transportation management agencies.”
Nine organizations registered in favor of the bill, including Bicycle Colorado, Colorado Communities for Climate Action, Conservation Colorado and the city of Boulder.
This is the second time this kind of legislation has failed in Colorado. Last year, the state’s Air Quality Control Commission rejected the Employee Trip Reduction Proposal, part of 2019 legislation to reduce greenhouse gas emissions. The proposal would have required businesses with more than 100 employees to study employee commuting habits. The study mandate was also included in Monday’s bill.
In the end, the bill sponsors decided not to pursue any of the proposed changes, asking for the panel to vote on the bill as originally drafted with the possibility of amending it later. Panel members voted against the bill, with Gray being the only “yes” vote.
“Some of the opposition to this bill is people want their cake and to eat it, too. They want to drive however they want, do whatever they want, plus breathe clean air,” said Rep. Shane Sandridge, R-Colorado Springs, while voting against the bill. “Sooner or later, the government probably will have to act. A bill like this is just a matter of time.”
“I just hope that we figure it out before it’s too late,” Sandridge added.