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Code of Colorado Regulations eDocket
Details of Tracking Number
2023-00823
CCR details
| Tracking Number |
2023-00823 |
| Type of Filing |
Permanent Rule |
| Department |
1507 Department of Public Safety |
| Agency |
1507 Colorado State Patrol |
| CCR Number |
8 CCR 1507-25 |
| CCR Title |
THE PERMITTING, ROUTING AND TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS AND THE INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS IN THE STATE OF COLORADO |
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Proposed rule
| Notice Filed with SOS |
12/29/2023 |
| Rule |
ProposedRuleAttach2023-00823.docx |
| Statutory Authority |
Sections 42-20-108 (1), 42-20-108 (2), 42-20-403, 42-20-504, 42-20-508, and 42-20-108.5, CRS. |
| Description of Subjects/Issues |
8 CCR 1507-25 reflects adoptions by the Chief of the CSP to ensure the safe and accurate permitting, routing, and transportation of hazardous and nuclear materials and the exemption of agricultural products from the hazardous materials rules within Colorado. The CSP is proposing amendments to 8 CCR 1507-25:
1)In response to recent changes in statute codified by the passage of Colorado Senate Bill 23-280, which amends the permissive curfew and routing provisions of section 42-20-301, CRS, and allows for the CSP to apply restrictions approved by the Transportation Commission affecting the transport of hazardous and agricultural products through the EJMT.
2)Updating references to the CRS, CVSA Inspector, CVSA OOS Criteria, and FMCSRs to maintain consistency with controlling and authorizing legal authorities.
3)Updating verbiage throughout the rules to improve their overall clarity and readability; and
4)Correcting minor errors in grammar, editing, spelling, formatting, and updating references to online and internal agency resources throughout. |
| Purpose/Objective of Rule |
The purpose of these rules is to support the regulation of the transportation of hazardous and nuclear materials by motor vehicle and to also address the transport of agricultural products by the same. Under 42-20-108 (1) (2), CRS, the Chief of the CSP has the authority to promulgate rules and regulations for the permitting, routing, and safe transportation of hazardous materials by motor vehicles within the state of Colorado. Under 42-20-403, 42-20-504, 42-20-508, CRS, the Chief is authorized to do the same concerning the transport of nuclear materials by motor vehicles. Under 42-20-108.5, CRS, the Chief of the CSP is authorized to adopt rules and regulations exempting agricultural products from the hazardous rules.
The amendments adopted to these rules are to do the following:
1)Respond to recent changes in statute codified by the passage of SB23-280, amending the permissive curfew and routing provisions of 42-20-301, CRS, and further allowing for the CSP to apply hazardous material routing restrictions approved by the Transportation Commission to existing approved hazardous materials routes, including routes affecting the transport of hazardous and agricultural products through the EJMT.
2)To update references to the CRS, CVSA Inspector and OOS Criteria, and FMCSRs, to maintain consistency with controlling and authorizing legal authorities.
3)To update verbiage throughout the rules to improve their overall clarity and readability; and
4)To correct minor errors in grammar, editing, spelling, formatting, and updating references to online and internal agency resources throughout. |
| Basis And Purpose |
BasisAndPurposeAttachment2023-00823.pdf
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| Comments |
The hearing for these rules will be a hybrid hearing allowing for attendance virtually using Google Meet. Individuals wanting to attend virtually may do so using the following information:
Google Meet joining info
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
NOTE: Exhibits posted online will not stakeholder contact information. Complete evidence of our stakeholder outreach efforts will be included in the permanent rulemaking record and may be viewed online at https://publicsafety.colorado.gov/get-involved/cdps-rules-and-regulations or at our offices upon request. Additionally, exhibits may include scanned or printed documents. Please email angelina.page@state.co.us to request accessibility assistance or an accommodation to enable you to access rulemaking exhibits. |
| 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 |
SB23-280
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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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