STATEMENT OF BASIS AND PURPOSE & STATUTORY AUTHORITY

On May 23, 1986, Senate Bill No. 86-19 was signed into law amending Title 40, Colorado Revised Statutes, to add a new Article 2.2, entitled “Transportation of Nuclear Materials”.
It was determined therein that nuclear materials create a potential risk to the public health, safety, and welfare of the people of the State of Colorado and that, as an origination point of nuclear waste and a corridor state through which nuclear materials pass, the State has a duty to protect its citizens and The environment from all hazards created by the transportation of nuclear materials within its borders.  Moreover, it was determined that the State and the public should be involved and participate in the development of a plan to deal with the transportation of nuclear materials.”

CDOT Rule 2 CCR 603-4 was specifically promulgated under former statute 40-2.2-208(1), C.R.S. 1986 which stated “The executive director of the state department of highways shall have the authority to adopt rules to designate which state highways shall be used and which shall not be used by motor vehicles transporting nuclear materials in this state.”  

Seven years later that statute was repealed on June 6, 1993 and CDOT’s Authority to establish Hazardous Materials Routes was superseded by 42-20-508 which states the Chief of the CSP shall have the authority to adopt rules to Regulate all aspects of transporting nuclear materials in this state including designating the routes.  CSP has such rules in place.  It should be noted that CDOT still maintains and prints the Hazardous Mat map but the routes are designated by CSP in accordance with current law.  The effective date of this Rule repeal will be September 30, 2007.