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Code of Colorado Regulations eDocket
Details of Tracking Number
2023-00822
CCR details
| Tracking Number |
2023-00822 |
| Type of Filing |
Permanent Rule |
| Department |
1507 Department of Public Safety |
| Agency |
1507 Colorado State Patrol |
| CCR Number |
8 CCR 1507-22 |
| CCR Title |
CLAIMS FOR REIMBURSEMENT FOR THE COSTS OF RESPONSE AND MITIGATION OF HAZARDOUS SUBSTANCE INCIDENTS |
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Proposed rule
| Notice Filed with SOS |
12/28/2023 |
| Rule |
ProposedRuleAttach2023-00822.docx |
| Statutory Authority |
Section 29-22-104 (6)(A) and (6)(B), CRS |
| Description of Subjects/Issues |
Under 29-22-104 (6)(A), CRS, the CDPS Executive Director has the authority to promulgate rules creating a process through which statutorily identified entities may claim reimbursement and establish that costs attributed to a hazardous substance incident are reasonable, necessary, and documented. 29-22-104 (6)(B), CRS, further allows for the CDPS Executive Director to develop a process where parties in dispute over reimbursement for response to a hazardous substance incident may access and receive assistance from qualified and knowledgeable persons able to perform as a voluntary ombudsman, mediator, or arbitrator to resolve disputed claims. These rules are being amended because of a routine annual department rule review assessing the continued viability of these rules, their applicability, accuracy and effectiveness. As a result, the proposed changes include:
1) Updates to verbiage throughout to bring the rules consistent with the scope of authorizing state statute, properly addressing hazardous substance incidents and not only hazardous materials incidents.
2) Updates to definitions that apply throughout these rules, adding four new definitions and renumbering the definitions section of these rules.
3) Updates to web addresses for resources referenced within these rules; and
4) Changes throughout to promote clarity and readability of these rules. |
| Purpose/Objective of Rule |
The purpose of these rules is to create two processes: one process by which a public entity, political subdivision of the state, or unit of local government claiming reimbursement according to 29-22-104, CRS, must and can establish that costs attributed to a hazardous substance incident are reasonable, necessary, and documented. The other process to be established is one by which parties involved in a dispute related to reimbursement of a response to a hazardous substance incident may access and receive assistance from qualified and knowledgeable persons are able to perform the role of a voluntary ombudsman, mediator, or arbitrator to resolve disputed claims. These rules were amended as a result of a routine annual department rule review assessing their continued viability, applicability, accuracy, and effectiveness. Because of this review, the changes proposed to this review include updates to the language used throughout to bring the rules consistent with the scope of authorizing state statute, properly addressing hazardous substance incidents and not only hazardous materials incidents; updates to the definitions that apply throughout these rules, adding four new definitions and renumbering the definitions section of these rules; updates to web addresses for resources referenced within these rules; and changes throughout to promote clarity and readability of these ruls. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00822.pdf
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| Comments |
The public hearing for this rule will be held in connection with four other rules and will be a hybrid hearing offering a virtual attendance option. Individuals wishing to attend virtually may do so using Google Meet:
Video call link: https://meet.google.com/mjg-mbgn-xiu
Or dial: ‪(US) +1 435-272-4726‬ PIN: ‪654 391 136‬#
More phone numbers: https://tel.meet/mjg-mbgn-xiu?pin=4840108109535
Any exhibits posted online will not include the names and contact information of stakeholders we communicated with regarding this hearing and the opportunity to comment. Complete evidence of our stakeholder outreach efforts will be included in the permanent record of this rulemaking and may be viewed at our offices upon request. Additional information may be found on the CDPS Rulemaking information website at https://publicsafety.colorado.gov/get-involved/cdps-rules-and-regulations. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
01/30/2024 |
| Hearing Time |
01:00 PM |
| Hearing Location |
Carrell Hall, Building 100, 15165 S. Golden Rd., Golden, CO., 80401 |
| Contact Name |
Sean Schlessman |
| Contact Title |
Captain, CSP HM Section |
| Contact Telephone |
303-273-1910 |
| Contact email |
Sean.Schlessman@state.co.us |
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Adopted rule
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