HomeMy WebLinkAbout851075.tiff STATE OF COLORADO
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Office of Lt. Governor %, �
744 State Capitol41009*
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Denver, Colorado 80203 *//
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Phone (303) 866-2087 I
FEB 2 21985 3 Nancy Dick
Lf.Governor
GREELgg GOLOa
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MEMORANDUM
TO: County Ccmmissioners and Emergency Response Authorities
County Sheriffs
Local Response Authoritie
Emergency Management Coo 'na rs
FROM: Lt. Governor.Nancy Dic
DATE: February 21 , 1985
RE: Hazardous Material Transportation (HB 1337)
You are invited to attend a briefing on House Bill 1337,
concerning the transportation of hazardous materials.
This bill respresents a six-month effort by state agencies, local
governments and the transportation industry to develop a
reasonable means for funding local hazmat response capability.
I believe that this legislation is very important to local
governments and deserves your support. The briefing will offer
the opportunity to ask any questions for clarification of the
bill. Enclosed is a copy of a summary of the bill for your
information.
The briefing will be held on Friday, March 1, 1 :30 pm at 1313
Sherman St. , Rccm 110. I hope you can attend.
851075
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SUMMARY OF HAZARDOUS MATERIALS TRANSPORTATION BILL H.B. 1337
2/18/85
1
By Representatives: Faatz, Bowen & Taylor-Little;
Senators: Fenlon, Ezzard, Gallagher & Glass.
SECTION 1 . 24-33.5-104. Duties of Executive Director [Dept. of Public
Safety (DPS)]. Authorizes the Department of Public Safety to designate
safe havens with the concurrence of local officials and to prescribe rules
for their use.
SECTION 2. 24-33.5-212. Powers and Duties of Officers [Colorado State
Patrol (CSP) . Authorizes CSP to enforce state laws on the transportation
of hazardous materials, hazardous wastes, radioactive materials and
hazardous substance incidents.
SECTION 3. 24-42-105 (2) (a). Colorado Training Institute (CTI ).
Authorizes CTI to 'instruct shippers and carriers on hazardous materials
regulations. (4) Authorizes CTI to develop standards for the certification
training hazardous materials response personnel , training programs and
instructors.
SECTION 4. 25-1-107 (1 )(y). Powers and Duties of the [Health]
Department (CDH). Authorizes CDH to make available technical advice and
analytical support to assist in counteracting and cleaning up hazardous
substances. Responsibility to ensure that incident cleanup actions are in
compliance with health and environmental requirements. May be delegated to
local agencies.
SECTION 5. 25-1 -107 (1 )(bb). Powers and Duties of the [Health]
Department (CDH). Authorizes CDH to enter into a contract with a private
party to provide hazardous substance incident response when local and state
capabilities are exceeded.
Hazardous Materials Transportation Bill Summary
February 18, 1985
Page 2
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SECTION 6. Technical conforming amendment.
SECTION 7. TITLE 29 ARTICLE 22 HAZARDOUS SUBSTANCE INCIDENTS
29-22-101 . Definitions.
29-22-102. Legislative declaration - designation of emergency response
authorities. (4) Retains S.B. 172 responsibility of local governments to
respond to hazardous substance incidents. (4)(c) Retains CSP
responsibility for responding to incidents on federal , state and county
highways outside of municipalities. (5) Transfers cleanup responsibility
from emergency response authorities to local governments. (6)(a)
Authorizes DPS to determine if there are areas of the state which do not
have adequate emergency response capability. (6)(b) In areas without
adequate response capability DPS will attempt to identify agencies within
or in proximity to the areas which would be willing to provide emergency
response. (6) (c) DPS is authorized to provide specialists in each troop to
respond to hazardous materials incidents on federal , state and county
highways and to assist local response agencies. (6)(d) Authorizes DPS, in
consultation with CTI, to establish training and equipment standards for
emergency response authorities.
29-22-103. Emergency Response Authority may Request Assistance. Retains
local agencies ' authority to request assistance.
29-22-104. Additional Duties of the Department of Public Safety.
Authorizes DPS to maintain an inventory of emergency response agencies in
the state, to issue ccrnprehensive rules on notifications and reporting
required in case of an incident, and to make this information available on
a 24-hour basis.
29-22-105. Assistance to Designated Emergency Response Authorities.
Requires that personnel of emergency response authorities be given priority
admittance and a $100 tuition credit at CTI. Authorizes the Department of
Hazardous Materials Transportation Bill Summary
February 18, 1985
Page 3
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Local Affairs (DOLA) to provide grants and loans up to $2 million per year
to emergency response authorities for training and equipment.
29-22-106. Right to Claim Reimbursement. Authorizes local and state
response agencies to claim reimbursement from responsible parties for the
costs incurred in emergency response. Increases local and state agencies'
ability to recover costs by imposing ( (1 ) (a) ) a standard of joint and
several , strict liability on those causing a hazardous substance incident
and by providing authority to recover ( (1 ) (b) ) equipment depreciation,
( (3)(c) ) investigative and legal costs. (1 )(c) Authorizes emergency
response authorities to claim reimbursement through the assessment of a
civil penalty.
29-22-107. Additional reimbursement for costs of assistance - subrogation
of rights - recovery of reimbursements by attorney general . Authorizes
local emergency response agencies to be reimbursed from the Emergency
Response Cash Fund when responding outside their jurisdiction. Authorizes
DPS to be reimbursed for providing assistance. Limits reimbursements to
more than $300 per incident. Authorizes the Attorney General to recover
costs including investigative and legal costs from responsible parties.
Allows use of the Emergency Response Cash Fund to fund legal actions to
recover costs and collect civil penalties from responsible parties.
29-22-108. Emergency Response Cash Fund. Authorizes an increase of the
Emergency Response Cash Fund to $100,000.
29-22-109. Legislative Declaration - Hazardous Substance Listing
Required. Authorizes emergency response authorities, DPS and local fire
departments to require people who possess particular kinds of hazardous
materials to notify such agencies of the types and quantities present. The
listing of reportable quantities has been made consistent with the Uniform
Fire Code. Such information may be released by a public agency only with
the permission of the person providing the information, by court order or
in compiled form.
Hazardous Materials Transportation Bill Summary
February 18, 1985
Page 4
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29-22-110. Criminal penalties. Provides criminal penalties up to a class
3 felony and $25,000 for causing a hazardous substance incident.
29-22-111 . Civil Penalties. Provides for civil penalties of from $1 ,000
to $25,000 for causing a hazardous substance incident.
29-22-112. Persons Rendering Assistance Relating to Hazardous Substance
Incidents - Legislative Declaration - Exemption from Civil Liability.
Retains the "good samaritan" provisions of current law.
SECTION 8. 30-15-401 . Technical conforming amendment.
SECTION 9. TITLE 40 ARTICLE 2.1 TRANSPORTATION OF HAZARDOUS MATERIALS
PART 1 - GENERAL PROVISIONS
40-2.1 -101 . Short title. This article shall be known and may be cited as
the "Transportation of Hazardous Materials Act".
40-2.1 -102. Legislative Declaration.
40-2.1-103. Definitions.
40-2.1-104. Code of Federal Regulations. All references to the code of
federal regulations are as of July 1 , 1985.
40-2.1-105. Data Collection Authority. Authorizes the Public Utilities
Commission (PUC) to collect data on the transportation of hazardous
materials in Colorado by all modes of transportation on an annual basis.
40-2.1 -106. Commission to promulgate rules and regulations (1 ) (a) PUC is
authorized to issue rules and regulations for the interstate and intrastate
transportation of hazardous material by motor vehicle. PUC rules may be
more stringent than federal rules. Government vehicles may be exempt.
Hazardous Materials Transportation Bill Summary
February 18, 1985
Page 5
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PUC, CSP and Port of Entry (POE) officers may enforce these rules.
Counties and municipalities may adopt and enforce their own regulations.
(5)(a) Authorizes the PUC to adopt and enforce the federal regulations for
the safe transportation of hazardous materials by rail .
40-2.1 -107. Violations - Criminal Penalties. Violators of the PUC
hazardous material transportation regulations are guilty of a misdemeanor
and are subject to a fine of $100 to $5,000 and up to one year in the
county jail .
40-2.1-108. Violations - Civil Penalties. (1 ) Provides civil penalties of
up to $10,000 per day of violation. (2) Provides civil penalties of $100
to $500 for specific violations of motor vehicle hazardous material
requirements. POE, CSP and PUC may issue civil penalties. ( 5) Provides
civil penalties from $150 to $1 ,000 for rail violations of specific
hazardous material requirements. (6) Imposes higher penalties for repeat
violators (motor vehicle and rail ) .
40-2.1 -109. Compliance Orders - Penalty. Authorizes the PUC to issue
compliance orders regarding their hazardous material transportation
regulations and provides a penalty of up to $10,000 per day for violating a
compliance order.
40-2.1-110. Central Information Office. Authorizes the PUC to establish a
central office to provide industry with information on hazardous materials
transportation requirements.
PART 2 - PERMIT SYSTEM
40-2.1-201 . Hazardous Materials Transportation Permit Required. Requires
a permit from the PUC prior to transporting hazardous materials by motor
vehicle in Colorado.
40-2.1-202. Definitions. A Permit is required for all motor vehicle
Hazardous Materials Transportation Bill Summary
February 18, 1985
Page 6
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shipments of hazardous materials required by federal regulation to have a
placard except class C explosive, blasting agents and other regulated
materials (consumer commodities) A, B, C, D.
40-2.1-203. Transportation Permits - Application. (1 ) To receive a
permit, the carrier must certify that its drivers shall complete a training
program meeting the PUC's specifications, provide a description of the
material to be transported and provide proof that the applicant has
obtained the insurance required by federal regulation.
40-2.1 -204. Permits - Fees. (1 )(b) Allows for the purchase of a $50
single trip permit. (1 ) (c) Provides for an annual permit costing from $40
to $1 ,500 depending on the number of vehicles in a carrier's fleet. (2)
The permits shall contain the state designated routes. Deviation from the
specified routes is permitted for local pick ups and deliveries and for
other specified reasons.
40-2.1-205. Route Designation and Other Restrictions. (1 ) Authorizes the
Colorado Department of Highways to designate state highways which shall and
which shall not be used for the transportation of hazardous materials by
motor vehicle including time of day, day of week, holiday and weather
restrictions. (3) Local, governments may designate routes within their
jurisdictions. Route designations apply to all motor vehicle shipments of
hazardous materials required by federal regulation to have a placard except
class C explosive, blasting agents and other regulated materials (consumer
commodities) A, B, C, D - the same classes of hazardous materials the
permit applies to.
40-2.1-206. Carrying of Permit and Shipping Papers. Requires drivers to
carry federal shipping papers and Colorado hazardous materials
transportation permit and to provide them to emergency personnel in case of
an incident.
Hazardous Materials Transportation Bill Summary
February 18, 1985
Page 7
40-2.1-207. Rules and Regulations. PUC is authorized to issue rules and
regulations to implement the permit provisions.
40-2.1-208. Permit Suspension and Revocation. Permit may be suspended or
revoked for violating the terms of the permit or the PVC's hazardous
materials transportation regulations or for failing to pay a civil penalty.
40-2.1-209. Local Government Preemption. Local governments are preempted
from imposing any permit requirement for the transportation of hazardous
materials.
40-2.1-210. Penalties. Authorizes the PUC, POE and CSP to issue civil
penalties of $500 for transporting hazardous materials without a permit.
Authorizes courts to assess civil penalties of $500 to $3,000 for
• violations of the permit provisions, misrepresentation on the permit
application, or repeated failure to obtain or carry a permit.
40-2.1 -211 . Hazardous Materials Transportation Fund. (1 ) A hazardous
materials transportation fund is created in the Department of Local Affairs
(DOLA) from the permit system revenues and from civil and criminal
penalties under parts 1 and 2 of this Act. (2) The fund shall be used for
administering the permit system; providing tuition assistance to personnel
of local emergency response authorities; providing grants and loans to
emergency response authorities for training and equipment; and providing
funding to DPS, PUC, CDH, and Highways to fulfill their responsibilities
under this Act.
(3) (a) Creates a hazardous materials transportation advisory committee to
advise DOLA on expenditures from the fund. The committee is composed of
two local government and four local emergency response agency
representatives; two industry representatives; the directors of the state
departments of Local Affairs (chairman) , Public Safety, Regulatory
Agencies, Health, Highways, Revenue, and the Chief of the State Patrol ; and
a designee of the governor.
Hazardous Materials Transportation Bill Summary
February 18, 1985
Page 8
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PART 3 - VEHICLES
40-2.1 -301 . Immobilization of Unsafe Vehicles. Authorizes local agencies,
CSP, POE and PUC to immobilize unsafe motor vehicles transporting hazardous
materials.
40-2.1-302. Hazardous Materials Discharge - Abandonment of Vehicle
Containing Hazardous Material - Penalty. Prohibits the abandonment of a
vehicle containing hazardous materials and prohibits the discharge of
hazardous materials. Provides a class 4 felony for violations.
SECTION 10. 42-4-228. Vehicles Transporting Explosives or Hazardous
Materials. Technical conforming amendments.
SECTION 11 . 42-4-608. Certain Vehicles Must Stop at Railroad Grade
Crossings. Technical conforming amendment.
SECTION 12. 42-8-104. Power and Duties [Port of Entry Officers].
Authorizes POE to enforce PUC hazardous materials transportation
regulations and DPS motor vehicle safety regulations.
SECTION 13. Effective Date - Applicability. This Act shall take effect
July 1 , 1985, and shall apply to offenses occurring on or after said date.
SECTION 14. Safety Clause. The General Assembly hereby finds,
determines, and declares that this Act is necessary for the immediate
preservation of the public peace, health, and safety.
Prepared by the Governor's Interagency Hazardous Materials Transportation
Working Group.
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