(1) (a) A transportation advisory committee is hereby created. The committee is composed of one representative from each transportation planning region, one representative of the Southern Ute tribe chosen by the Southern Ute Indian tribal council, and one representative of the Ute Mountain Ute tribe chosen by the Ute Mountain Ute tribal council. If a regional planning commission has been formed in a transportation planning region, the chairman of such commission or the chairman's designee shall be the representative for the region on the committee. If any transportation planning region has not formed a regional planning commission, then the representative shall be chosen by the boards of county commissioners of the counties contained in such region in consultation with officials of the municipalities contained in such region.

(b) No later than three months after May 20, 2009, the executive director, in consultation with the commission, shall appoint a special interim transit and rail advisory committee to specifically advise the commission and the executive director regarding the initial focus of the transit and rail division created in section 43-1-117.5 and to recommend a long-term advisory structure, including the advisory structure's purpose and role, in support of the transit and rail-related functions of the department. The special interim transit and rail advisory committee shall include such representatives of industries and other groups interested in transit and rail issues and such other individuals as the executive director, in consultation with the commission, deems appropriate; except that the committee shall include, at a minimum, one or more:

(I) Representatives of transit operators;

(II) Representatives of class I railroads;

(III) Representatives of short line railroads; and

(IV) Representatives of entities or interest groups involved in the promotion, planning, or development of passenger rail systems.

(2) The committee shall provide advice to both the department and the commission on the needs of the transportation systems in Colorado, including but not limited to budgets, transportation improvement programs, the statewide transportation improvement program, transportation plans, and state transportation policies, and shall review and provide comment to both the department and the commission on all regional transportation plans submitted for the transportation planning regions. The activities of the committee shall not be construed to constrain or replace the county hearing process.