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Code of Colorado Regulations eDocket
Details of Tracking Number
2024-00595
CCR details
| Tracking Number |
2024-00595 |
| Type of Filing |
Emergency |
| 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
| Rule |
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| Additional Information |
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| Statutory Authority |
The statutory authority for the temporary rules is found, generally, at §§ 40-1-103.5 and 40-2-108, C.R.S. (authorizing the Commission to promulgate rules necessary to administer and enforce Title 40) and § 24-4-103(6), C.R.S. (allowing and specifying procedures for adoption of temporary rules) and, specifically, in HB 24-1030, as codified at §§ 40-20-302 and 40-20-303, C.R.S. |
| Purpose/Objective of Rule |
This matter comes before the Commission for immediate adoption of temporary rules to implement certain critical amendments to the Rules Regulating Railroads, Rail Fixed Guideways, Transportation by Rail, and Rail Crossings contained in 4 Code of Colorado Regulations (“CCR”) 723-7. The statutory provisions necessitating immediate issuance of these temporary rules, §§ 40-20-302 and 40-20-303, C.R.S., were enacted in House Bill (“HB”) 24-1030, which became effective on July 1, 2024. These temporary rules are necessary to implement the new statutory reporting requirements for railroads operating any mainline in the State of Colorado, starting January 1, 2025. Accordingly, and as discussed below, the temporary rules are adopted without compliance with the rulemaking procedures prescribed in § 24-4-103, C.R.S., in order to provide necessary process to ensure that railroads can fulfill the wayside detector system reporting requirements in state law, and to provide for the health, safety, and welfare of the public. |
| Basis And Purpose |
BasisAndPurposeAttachment2024-00595.pdf
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| Comments |
Rulemaking is a lengthy process involving a notice period, opportunity to hear the public’s views both orally and in writing, time for the Commission to analyze and adopt the final rules, and time to file the final rules with the Secretary of State for publication in The Colorado Register. If the Commission waits until permanent rules are in place, railroads in Colorado would not be able to meet this new statutory requirement to file wayside detector system information with the Commission on or before January 1, 2025. Thus, immediate adoption of these temporary rules implementing the statutory wayside detector system reporting requirement is imperatively necessary to comply with state law and to provide for the health, safety, and welfare of the public. |
| 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 |
House Bill 24-1030
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| 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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