(1) There is hereby created in the state treasury the hazardous materials safety fund, which shall consist of:
(a) Such moneys as may be appropriated thereto by the general assembly from time to time;
(b) Any permit fees collected pursuant to section 42-20-202;
(c) Any penalties collected by a state agency or by a court, as provided in section 42-20-305 (3);
(d) Any penalties collected pursuant to section 42-20-204 (4);
(e) Any gifts or donations made to the state of Colorado or any agency thereof specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(f) Any federal funds made available to the state of Colorado or any agency thereof specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(g) Any excess moneys credited to the fund in accordance with section 40-2-110.5 (9), C.R.S.
(2) The moneys in the hazardous materials safety fund shall be subject to appropriation by the general assembly for the purposes of parts 1, 2, and 3 of this article.
(3) At the end of each fiscal year, any moneys remaining in the hazardous materials safety fund shall not revert to the general fund but shall be subject to appropriation by the general assembly to the executive director of the department of public safety for disbursement to local governments for purposes related to the preparation and training for and response to hazardous materials incidents.
(4) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2519, � 1, effective January 1, 1995. L. 2006: (1)(g) added, p. 1095, � 5, effective August 7. L. 2014: (4) added, (HB 14-1081), ch. 8, p. 91, � 3, effective February 27. L. 2015: (4) repealed, (SB 15-264), ch. 259, p. 969, � 97, effective August 5.
Editor's note: This section is similar to former � 43-6-107 as it existed prior to 1994.
42-20-108. Rules and regulations for transportation of hazardous materials. (1) The chief shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the safe transportation of hazardous materials by motor vehicle, both in interstate and intrastate transportation. Such rules and regulations shall be applicable to any person who transports or ships, or who causes to be transported or shipped, a hazardous material by motor vehicle. Such rules and regulations may govern any safety aspect of the transportation of hazardous materials which the chief deems appropriate, including, but not limited to, the packaging, handling, labeling, marking, and placarding of hazardous materials and motor vehicles transporting hazardous materials, the qualifications of drivers of motor vehicles transporting hazardous materials, financial responsibility requirements, and the use of any package or container in the transportation of hazardous materials which is not manufactured, fabricated, marked, labeled, maintained, reconditioned, repaired, or tested in accordance with such rules and regulations.
(2) The chief shall also promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the permitting and routing of hazardous materials transportation by motor vehicle within this state and the inspection of vehicles transporting hazardous materials.
(3) In adopting such rules and regulations, the chief shall use as general guidelines the standards and specifications for the safe transportation of hazardous materials contained in federal statutes, and in the rules and regulations promulgated thereunder, as amended from time to time. The rules and regulations adopted by the chief shall not unduly burden interstate or intrastate commerce and shall be no more stringent than federal statutes and the rules and regulations promulgated thereunder.
(4) The rules and regulations adopted by the chief pursuant to subsection (2) of this section shall not apply to farm machinery which is exempted from registration requirements pursuant to section 42-3-103, agricultural distribution equipment attached to or conveyed by such farm machinery, or vehicles used to transport to or from the farm or ranch site products necessary for agricultural production, except when such vehicles are used in the furtherance of any commercial business other than agriculture.
(5) The rules and regulations adopted by the chief shall provide for the issuance of a certificate of inspection which shall exempt inspected vehicles from additional inspections for a period of at least sixty days unless there is probable cause to assume that the vehicle is in an unsafe condition.
Source: L. 94: Entire title amended with relocations, p. 2519, � 1, effective January 1, 1995.
Editor's note: This section is similar to former � 43-6-108 as it existed prior to 1994.
42-20-108.5. Materials used for agricultural production - exemption - legislative declaration. (1) The general assembly hereby finds, determines, and declares that the federal government has extended federal hazardous materials rules to agricultural producers in 49 CFR 173.5 in a way that would be unduly burdensome to agriculture without contributing significantly to public safety. The general assembly further finds, determines, and declares that the federal rules give explicit authority to the states to exempt themselves from the federal rules, and that this section is intended to exempt Colorado agriculture from such rules. The general assembly further finds, determines, and declares that it is imperatively necessary for the chief to adopt the rules required by this section in time to meet the deadline imposed by the federal rules.
(2) As used in this section, unless the context otherwise requires:
(a) Agricultural product means a hazardous material, other than hazardous waste, whose end use directly supports the production of an agricultural commodity including, but not limited to, a fertilizer, pesticide, soil amendment, or fuel. An agricultural product is limited to a material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as set forth in 49 CFR parts 172 and 173.
(b) Farmer means a person or such person's agent or contractor engaged in the production or raising of crops, poultry, or livestock.
(3) The transportation of an agricultural product other than a class 2 material, as such term is used in 49 CFR parts 172 and 173, over local roads between fields of the same farm, is excepted from the requirements of this part 1 when it is transported by a farmer who is an intrastate private motor carrier and the movement of the agricultural product conforms to rules of the chief, in consultation with the department of agriculture regarding such movement. The chief shall, in consultation with the director of the department of agriculture, promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the intrastate transportation of agricultural products.
(4) The transportation of an agricultural product to or from a farm, within one hundred fifty miles of such farm, is excepted from the emergency response information and training requirements in subparts G and H of 49 CFR part 172, and this article when:
(a) It is transported by a farmer who is an intrastate private motor carrier;
(b) The total amount of agricultural product being transported on a single vehicle does not exceed:
(I) Seven thousand three hundred kilograms or sixteen thousand ninety-four pounds of ammonium nitrate fertilizer properly classed as division 5.1.PG III in a bulk packaging; or
(II) One thousand nine hundred liters or five hundred two gallons for liquids or gasses, or two thousand three hundred kilograms or five thousand seventy pounds for solids of any other agricultural product;
(c) The packaging conforms to rules adopted by the chief in consultation with the department of agriculture. Such rules shall be adopted by September 30, 1998. Such products are hereby authorized for transportation.
(d) Each person having any responsibility for transporting the agricultural product for shipment pursuant to this subsection (4) is instructed in the applicable requirements of this section.
(5) The rules and regulations adopted by the chief pursuant to this section shall be no more stringent than the federal statutes or regulations require.
(6) Any rules and regulations required to be adopted by the chief pursuant to this section shall be promulgated no later than September 30, 1998. If the chief finds that such rules cannot be promulgated by that date pursuant to the regular rule-making process set forth in section 24-4-103, C.R.S., the chief shall adopt temporary or emergency rules pursuant to section 24-4-103 (6), C.R.S.
(7) The chief shall send a copy of the notification of proposed rule-making for rules adopted pursuant to this section, including temporary or emergency rule-making sent pursuant to section 24-4-103 (3)(b), C.R.S., to the office of legislative legal services.
Source: L. 98: Entire section added, p. 722, � 3, effective May 18.