| Notice Filed with SOS |
02/25/2022 |
| Rule |
ProposedRuleAttach2022-00107.pdf |
| Additional Information |
AddInfoAttach2022-00107.pdf |
| Statutory Authority |
The Nonattainment Area Air Pollution Mitigation Enterprise is authorized by C.R.S. § 43-4-1303(6)(h) to promulgate rules setting the amounts of the Air Pollution Mitigation Per Ride Fee and the Air Pollution Mitigation Retail Delivery Fee at or below maximum levels contained in C.R.S. § 43-4-1303(7) and (8). |
| Description of Subjects/Issues |
SB21-260 Sustainability of the Transportation System created new sources of dedicated funding and new state enterprises intended to preserve, improve, and expand existing transportation infrastructure and mitigate environmental and health impacts of transportation system use. To accomplish these goals, the legislation established a Nonattainment Area Air Pollution Mitigation Enterprise (the Enterprise), an enterprise and government owned business within the Colorado Department of Transportation (CDOT) for the purpose of collecting fee revenue to mitigate the impacts of increased air pollution that results from increased motor vehicle use for Retail Deliveries and Prearranged Rides by Transportation Network Companies. The Enterprise is a Type 1 transfer agency and as such the Legislature specifically vested the Enterprise with the authority to promulgate rules to set the amounts of fees called for in the legislation in addition to other activities. The Enterprise is required to impose the Air Pollution Mitigation Per Ride Fee and the Air Pollution Mitigation Retail Delivery fee. Per statute, for the Air Pollution Mitigation Retail Delivery Fee, the Enterprise can set a maximum fee of seven-tenths of one cent per Retail Delivery. The board can set a maximum fee of $0.1125 for any Prearranged Ride in a Zero Emissions Motor Vehicle (ZEV) and $0.225 per Prearranged Ride in a non-ZEV vehicle. The fees delineated in the rule mirror the fee amounts set in C.R.S. § 43-4-1303. |
| Purpose/Objective of Rule |
The purpose of the rule is to set the amounts of the Air Pollution Mitigation Per Ride Fees and the Air Pollution Mitigation Retail Delivery Fee. Please see attached Statement of Basis and Purpose for more information. |
| Basis And Purpose |
BasisAndPurposeAttachment2022-00107.pdf
|
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
SB 21-260
|
| Hearing Date |
04/14/2022 |
| Hearing Time |
03:00 PM |
| Hearing Location |
*virtual only* https://cdot.zoom.us/meeting/register/tJwkc-CupzksGtczBriLL9QP1DLnqAEpMTfC |
| Contact Name |
Sari Weichbrodt |
| Contact Title |
Rules, Policies, and Procedures Advisor |
| Contact Telephone |
303-757-9441 |
| Contact email |
dot_rules@state.co.us |