(1) As used in this section, unless the context otherwise requires:
- (a) Bulk purchaser means an entity that has a legal relationship with and that provides goods or services to a group of employees, residents, or members. Bulk purchaser includes, without limitation, an employer, a building owner or manager, a local government, a business improvement district, a business or trade association, a homeowners' association, a neighborhood association, a nonprofit organization, or any combination of such entities.
- (b) Covered development means a development that contains or is intended to contain fifty units or more, that is in an area covered by the requirements of part 3 of article 35 of title 29, and that has received land use approval for a multifamily residential development; adaptive re-use for residential purposes; or adaptive re-use mixed-use purposes that include at least fifty percent of use for residential purposes.
- (c) EcoPass program means a program operated by the district that provides annual prepaid transit passes for unlimited usage of the district's transit services. EcoPass program includes the EcoPass and Neighborhood EcoPass programs, or their successor programs.
(2)
(a) The district shall administer an outreach program to promote the EcoPass program to bulk purchasers. In conducting outreach, the district shall present the following information to the bulk purchaser:
- (I) Succinct information on current and planned transit service within the area relevant to the bulk purchaser, including information on the proximity, frequency, and popularity of applicable transit routes; and
- (II) The estimated per-user cost expressed in per-year and per-month terms. If the bulk purchaser is an employer, the per-user cost must include the amount of the alternative transportation options tax credit allowed pursuant to section 39-22-509.
- (b) The outreach program must include periodic proactive outreach to bulk purchasers. In conducting proactive outreach, the district shall prioritize bulk purchasers in and near transit centers, as defined in section 29-35-202 (9), neighborhood centers, as defined in section 29-35-202 (5), and applicable transit service areas, as defined in section 29-35-302 (3).
- (c) The district shall conduct the outreach program in coordination with the Denver regional council of governments and with transportation management associations that partner with the Denver regional council of government's Way to Go program.
- (d) The district shall provide transparent and accessible pricing information for the EcoPass program on its public-facing website, which must include any geographic price differentiation.
(3)
- (a) The district shall, to the greatest extent feasible, minimize the administrative workload for bulk purchasers and the recipients of bulk-purchased EcoPasses, including the bulk purchaser's employees, residents, or members.
- (b) The district shall, to the greatest extent feasible, enroll all recipients of bulk-purchased EcoPasses at one time, rather than enrolling a bulk purchaser's employees, residents, or members on an individual basis.
- (c) The district shall, to the greatest extent feasible, allow a group of related bulk purchasers that seeks to provide bulk-purchased EcoPasses to employees, residents, or members of each related bulk purchaser to apply with one application for enrollment in the EcoPass program.
(d)
- (I) The district shall update the neighborhood EcoPass program pricing strategy by July 1, 2026.
- (II) This subsection (3)(d) is repealed, effective January 1, 2027.
- (e) The district shall compensate a bulk purchaser of a neighborhood EcoPass to defray administrative costs at a reasonable amount and through a method determined by the district.
- (f) The district shall, to the greatest extent feasible, minimize the administrative workload for bulk purchasers and the recipients of bulk-purchased EcoPasses, as well as take steps to improve utilization by EcoPass holders, by including guaranteed ride home services along with each bulk EcoPass.
(4)
- (a) No later than June 30, 2026, or one year after the date that the first resident moves into a covered development, whichever is later, the covered development shall survey its residents about the residents' interest in having the covered development provide bulk-purchased EcoPasses to its residents; except that a covered development is not required to survey its residents if the covered development already provides bulk-purchased EcoPasses to its residents by the date that the survey would have been required by this subsection (4)(a). The survey must include the per-user cost of the bulk-purchased EcoPasses, as provided by the district.
- (b) If a majority of respondents respond to the survey that they would like the covered development to provide bulk-purchased EcoPasses, the covered development shall enroll in the EcoPass program for its residents. The owner or manager of the covered development is the centralized payer of the costs and fees associated with the EcoPass program, which it may recoup from its residents.
- (c) On or before January 1, 2026, the district shall create and publish an online survey tool that covered developments may use to conduct the survey required by this subsection (4).
(5)
(a) On or before January 31, 2026, and on or before each January 31 thereafter, the district shall report on the EcoPass program to a joint session of the house of representatives transportation, housing, and local government committee and the senate transportation and energy committee, or their successor committees. The report must include information concerning:
- (I) The district's outreach efforts, as described in subsection (2) of this section, including quantitative details on the district's proactive outreach;
- (II) The district's administrative efforts, as described in subsection (3) of this section; and
- (III) The survey required for covered developments, as described in subsection (4) of this section, including the number and results of the surveys conducted.
- (b) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (5)(a) continues indefinitely.
Source: L. 2025: Entire section added, (SB 25-161), ch. 186, p. 817, § 4, effective May 13.