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Colorado Register
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

May 25, 2023 - Volume 46 , No. 10

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Contents

Notices of proposed rulemaking

Permanent Rules Adopted

Emergency Rules Adopted

Terminated rulemaking

Nonrulemaking public notices and other miscellaneous rulemaking notices

Calendar of Hearings

Notices of proposed rulemaking

Department	Agency	Proposed rules	Hearing
Department of Education	Colorado State Board of Education	COLORADO MINIMUM STANDARDS GOVERNING SCHOOL TRANSPORTATION VEHICLES	06/14/2023 09:00 AM
Department of Public Health and Environment	Health Facilities and Emergency Medical Services Division (1011, 1015 Series)	CHAPTER 5 - NURSING CARE FACILITIES	06/21/2023 10:00 AM
Department of Public Health and Environment	Health Facilities and Emergency Medical Services Division (1011, 1015 Series)	CHAPTER 7 - ASSISTED LIVING RESIDENCES	06/21/2023 10:00 AM
Department of Agriculture	Animal Health Division	LIVESTOCK DISEASE CONTROL	06/22/2023 02:00 PM
Department of Agriculture	Inspection and Consumer Services Division	RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PRODUCE SAFETY ACT	06/22/2023 01:00 PM
Department of Early Childhood	Colorado Child Care Assistance Program	COLORADO CHILD CARE ASSISTANCE PROGRAM	06/23/2023 10:00 AM
Department of State	Secretary of State	NOTARY PROGRAM RULES	06/20/2023 01:00 PM

Permanent Rules Adopted

Department	Agency	Rules adopted	AG opinion	Effective date
Department of Revenue	Colorado Racing Commission	1 CCR 208-1 RACING (DOCX)	05/10/2023	06/14/2023
Department of Education	Colorado State Board of Education	1 CCR 301-26 COLORADO RULES FOR THE OPERATION, MAINTENANCE, AND INSPECTION OF SCHOOL TRANSPORTATION VEHICLES (DOCX)	05/02/2023	06/14/2023
Department of Education	Colorado State Board of Education	1 CCR 301-114 RULES FOR THE ADMINISTRATION OF THE TRANSPORTATION RESOURCES FOR STUDENTS IN LOW PERFORMING SCHOOLS PROGRAM (DOCX)	05/02/2023	06/14/2023
Department of Transportation	Transportation Commission and Office of Transportation Safety	2 CCR 601-1 A STATE HIGHWAY ACCESS CATEGORY ASSIGNMENT SCHEDULE (DOCX)	05/09/2023	06/14/2023
Department of Transportation	Transportation Commission (604, 605 Series)	2 CCR 605-1 COLORADO STATE INFRASTRUCTURE BANK (DOCX)	05/09/2023	06/14/2023
Department of Regulatory Agencies	Division of Insurance	3 CCR 702-4 Series 4-2 LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) (DOC)	05/12/2023	06/15/2023
Department of Regulatory Agencies	Division of Insurance	3 CCR 702-4 Series 4-2 LIFE, ACCIDENT AND HEALTH, Series 4-2 Accident and Health (General) (DOC)	05/12/2023	06/15/2023
Department of Public Health and Environment	Air Quality Control Commission	5 CCR 1001-9 REGULATION NUMBER 7 CONTROL OF OZONE VIA OZONE PRECURSORS AND CONTROL OF HYDROCARBONS VIA OIL AND GAS EMISSIONS (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Air Quality Control Commission	5 CCR 1001-24 REGULATION NUMBER 20 COLORADO LOW EMISSION AUTOMOBILE REGULATION (DOCX)	05/11/2023	06/14/2023
Department of Public Health and Environment	Air Quality Control Commission	5 CCR 1001-26 REGULATION NUMBER 22 COLORADO GREENHOUSE GAS REPORTING AND EMISSION REDUCTION REQUIREMENTS (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Air Quality Control Commission	5 CCR 1001-28 REGULATION NUMBER 24 Control of Emissions from the Storage, Transfer and Disposal of Volatile Organic Compounds and Petroleum Liquids and Petroleum Processing and Refining (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Air Quality Control Commission	5 CCR 1001-29 REGULATION NUMBER 25 Control of Emissions from Surface Coating, Solvents, Asphalt, Graphic Arts and Printing, and Pharmaceuticals (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Air Quality Control Commission	5 CCR 1001-30 REGULATION NUMBER 26 Control of Emissions from Engines and Major Stationary Sources (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Air Quality Control Commission	5 CCR 1001-31 REGULATION NUMBER 27 Greenhouse Gas Emissions and Energy Management for the Manufacturing Sector (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-31 REGULATION NO. 31 - THE BASIC STANDARDS AND METHODOLOGIES FOR SURFACE WATER (DOC)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-32 REGULATION NO. 32 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR ARKANSAS RIVER BASIN 1 (DOC) 5 CCR 1002-32 REGULATION NO. 32 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR ARKANSAS RIVER BASIN 2 (PDF)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-33 REGULATION NO. 33 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR UPPER COLORADO RIVER BASIN AND NORTH PLATTE RIVER (PLANNING REGION 12) 1 (DOC) 5 CCR 1002-33 REGULATION NO. 33 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR UPPER COLORADO RIVER BASIN AND NORTH PLATTE RIVER (PLANNING REGION 12) 2 (PDF)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-34 REGULATION NO. 34 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR SAN JUAN AND DOLORES RIVER BASINS 1 (DOC) 5 CCR 1002-34 REGULATION NO. 34 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR SAN JUAN AND DOLORES RIVER BASINS 2 (PDF)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-35 REGULATION NO. 35 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR GUNNISON AND LOWER DOLORES RIVER BASINS 1 (DOC) 5 CCR 1002-35 REGULATION NO. 35 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR GUNNISON AND LOWER DOLORES RIVER BASINS 2 (PDF)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-36 REGULATION NO. 36 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR RIO GRANDE BASIN 1 (DOC) 5 CCR 1002-36 REGULATION NO. 36 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR RIO GRANDE BASIN 2 (PDF)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-37 REGULATION NO. 37 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR LOWER COLORADO RIVER BASIN 1 (DOC) 5 CCR 1002-37 REGULATION NO. 37 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR LOWER COLORADO RIVER BASIN 2 (PDF)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-38 REGULATION NO. 38 - CLASSIFICATIONS AND NUMERIC STANDARDS SOUTH PLATTE RIVER BASIN LARAMIE RIVER BASIN REPUBLICAN RIVER BASIN SMOKY HILL RIVER BASIN 1 (DOC) 5 CCR 1002-38 REGULATION NO. 38 - CLASSIFICATIONS AND NUMERIC STANDARDS SOUTH PLATTE RIVER BASIN LARAMIE RIVER BASIN REPUBLICAN RIVER BASIN SMOKY HILL RIVER BASIN 2 (PDF)	05/02/2023	06/14/2023
Department of Public Health and Environment	Water Quality Control Commission	5 CCR 1002-85 REGULATION NO. 85 - NUTRIENTS MANAGEMENT CONTROL REGULATION (DOCX)	05/02/2023	06/14/2023
Department of Public Health and Environment	Division of Disease Control and Public Health Response	6 CCR 1009-1 EPIDEMIC AND COMMUNICABLE DISEASE CONTROL (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Office Of Emergency Preparedness and Response	6 CCR 1009-5 Preparations For A Bioterrorist Event, Pandemic Influenza, Or An Outbreak By A Novel And Highly Fatal Infectious Agent Or Biological Toxin (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Health Facilities and Emergency Medical Services Division (1011, 1015 Series)	6 CCR 1011-1 Chapter 02 CHAPTER 2 - GENERAL LICENSURE STANDARDS (DOC)	05/09/2023	06/14/2023
Department of Public Health and Environment	Health Facilities and Emergency Medical Services Division (1011, 1015 Series)	6 CCR 1011-1 Chapter 04 CHAPTER 4 - GENERAL HOSPITALS (DOC)	05/09/2023	06/14/2023
Department of Health Care Policy and Financing	Medical Services Board (Volume 8; Medical Assistance, Children's Health Plan)	10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 1 (DOC) 10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 2 (DOC) 10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 3 (DOC) 10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 4 (DOC) 10 CCR 2505-10 MEDICAL ASSISTANCE - STATEMENTS OF BASIS AND PURPOSE AND RULE HISTORY 5 (DOC)	05/04/2023	06/15/2023

Emergency Rules Adopted

Department	Agency	Rules adopted	Justification	AG opinion	Effective date	Expiration date
Department of State	Secretary of State	8 CCR 1505-6 RULES CONCERNING CAMPAIGN AND POLITICAL FINANCE (DOCX)	EmergencyJustificationPathAttach2023-00204.pdf	05/03/2023	04/13/2023	08/11/2023

Terminated rulemaking

Department	Agency	CCR #	Tracking #	Termination date	Reason for termination
Department of Education	Colorado State Board of Education	1 CCR 301-25	2023-00088	05/02/2023	Throughout the rules, the Federal Motor Vehicle Safety Standards are incorporated. Unfortunately, when other standards are incorporated, we�re required to comply with a very specific set of requirements. The incorporated standards need to be identified not only by name, but also by date/version, and what is supposed to be included in the rulemaking are explanations of where those standards can be found.
Department of Public Health and Environment	Health Facilities and Emergency Medical Services Division (1011, 1015 Series)	6 CCR 1011-1	2023-00235	05/03/2023	Made new ones for each chapter 2023-00249 and 2023-00248

Non-Rulemaking Public Notices and Other Miscellaneous Rulemaking Notices

Department / Agency	Filed date	Notice
Department of Public Health and Environment	05/12/2023	INVITATION FOR PUBLIC COMMENT ANNUAL PUBLIC COMMENT INFORMATIONAL HEARING
Department of Regulatory Agencies	05/22/2023	Real Estate Commission Approved Forms
Department of Health Care Policy and Financing	05/22/2023	Medicaid Fee-for-Service Reimbursement Rate Increases

Calendar of Hearings

Agency	Rule	Hearing
Colorado State Board of Education	COLORADO MINIMUM STANDARDS GOVERNING SCHOOL TRANSPORTATION VEHICLES	06/14/2023 09:00 AM
Health Facilities and Emergency Medical Services Division (1011, 1015 Series)	CHAPTER 5 - NURSING CARE FACILITIES	06/21/2023 10:00 AM
Health Facilities and Emergency Medical Services Division (1011, 1015 Series)	CHAPTER 7 - ASSISTED LIVING RESIDENCES	06/21/2023 10:00 AM
Animal Health Division	LIVESTOCK DISEASE CONTROL	06/22/2023 02:00 PM
Inspection and Consumer Services Division	RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PRODUCE SAFETY ACT	06/22/2023 01:00 PM
Colorado Child Care Assistance Program	COLORADO CHILD CARE ASSISTANCE PROGRAM	06/23/2023 10:00 AM
Secretary of State	NOTARY PROGRAM RULES	06/20/2023 01:00 PM

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