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Code of Colorado Regulations eDocket
Details of Tracking Number
2021-00750
CCR details
| Tracking Number |
2021-00750 |
| Type of Filing |
Permanent Rule |
| Department |
700 Department of Regulatory Agencies |
| Agency |
723 Public Utilities Commission |
| CCR Number |
4 CCR 723-7 |
| CCR Title |
RULES REGULATING RAILROADS, RAIL FIXED GUIDEWAYS, TRANSPORTATION BY RAIL, AND RAIL CROSSINGS |
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Proposed rule
| Notice Filed with SOS |
11/22/2021 |
| Rule |
ProposedRuleAttach2021-00750.doc |
| Additional Information |
AddInfoAttach2021-00750.pdf |
| Statutory Authority |
The Commission has statutory authority to adopt these rules under §§ 40-2-108,
40-4-106, 40-7-105, 40-9-108(2), 40-18-102, 40-18-103, 40-29-110, and 40-32-108, C.R.S. |
| Description of Subjects/Issues |
The Colorado Public Utilities Commission issues this Notice of Proposed Rulemaking (NOPR) to amend the rules governing rail crossings comprising Rules 7001 through 7301 of the Commission’s Rules Regulating Railroads, Rail Fixed Guideways, Transportation by Rail, and Rail Crossings, 4 Code of Colorado Regulations (CCR) 723-7. The Commission has statutory authority to adopt these rules under §§ 40-2-108, 40-4-106, 40-7-105, 40-9-108(2), 40-18-102, 40-18-103, 40-29-110, and 40-32-108, C.R.S. Among other updates and revisions, the Commission amends its rules to implement fining authority for noncompliance with rail crossing safety regulations as authorized in Senate Bill (SB) 19-236, effective May 30, 2019, and codified as §§ 40-4-106 and 40-7-105, C.R.S. As discussed below, this is the Commission’s second NOPR notice proposing these rule revisions. In March 2021, the Commission issued a NOPR in Proceeding No. 21R-0100R commencing a rulemaking to consider these same proposed revisions. Due to procedural concerns, the rulemaking was closed before reaching a determination on whether to adopt the rules. The proposed amendments in this NOPR are identical to those proposed in prior Proceeding No. 21R-0100R. |
| Purpose/Objective of Rule |
The Colorado Public Utilities Commission issues this Notice of Proposed
Rulemaking (NOPR) to amend the rules governing rail crossings comprising Rules
7001 through 7301 of the Commission’s Rules Regulating Railroads, Rail Fixed
Guideways, Transportation by Rail, and Rail Crossings, 4 Code of Colorado
Regulations (CCR) 723-7. The Commission has statutory authority to adopt these
rules under §§ 40-2-108, 40-4-106, 40-7-105, 40-9-108(2), 40-18-102, 40-18-103,
40-29-110, and 40-32-108, C.R.S. Among other updates and revisions, the
Commission amends its rules to implement fining authority for noncompliance with
rail crossing safety regulations as authorized in Senate Bill (SB) 19-236, effective
May 30, 2019, and codified as §§ 40-4-106 and 40-7-105, C.R.S. As discussed
below, this is the Commission’s second NOPR notice proposing these rule
revisions. In March 2021, the Commission issued a NOPR in Proceeding No. 21R0100R commencing a rulemaking to consider these same proposed revisions. Due
to procedural concerns, the rulemaking was closed before reaching a
determination on whether to adopt the rules. The proposed amendments in this
NOPR are identical to those proposed in prior Proceeding No. 21R-0100R. |
| Basis And Purpose |
BasisAndPurposeAttachment2021-00750.pdf
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| Comments |
On September 22, 2023, the Commission issued a decision adopting rules revisions. On October 4, 5, and 6, 2023, motions were filed to extend the exceptions filing deadline. On October 11, 2023, an interim decision was issued expending the filing deadline for exceptions to be filed by 14 days. Exceptions were filed on October 26, 2023 and on November 27, 2023, the Commission issued a decision granting, in part, and denying, in part, exceptions. Applications for rehearing, reargument or reconsideration were filed on December 18, 2023. On January 17, 2024, the Commission issued a granting, in part, and denying, in part, the applications. A 2nd round of applications for rehearing, reargument or reconsideration were filed on February 6, 2024 and on March 1, 2024, the Commission issued a decision denying the applications. The rules became final on March 1, 2024. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
Senate Bill 19-236
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| Hearing Date |
01/11/2022 |
| Hearing Time |
01:00 PM |
| Hearing Location |
By video conference using Zoom at a link provided in the calendar of events posted on the Commission’s website: https://puc.colorado.gov/ |
| Contact Name |
Pam Fischhaber |
| Contact Title |
Deputy Director, Public Safety |
| Contact Telephone |
303-894-2529 |
| Contact email |
pamela.fischhaber@state.co.us |
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Adopted rule
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