C07-0613Decision No. C07-0613
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
07R-250TRDOCKET NO. 07R-250TR
IN THE MATTER OF THE EMERGENCY RULES IMPLEMENTING HOUSE BILL 07-1019 AND AMENDING THE REQUIREMENTS PERTAINING TO LUXURY LIMOUSINES.
ORDER ADOPTING EMERGENCY RULES
SUPERSEDING EMERGENCY RULES ADOPTED IN
DECISION NO. C07-0547 

Mailed Date:  July 18, 2007
Adopted Date:  July 11, 2007
I.	BY THE COMMISSION
A.	Statement
1.	This matter comes before the Commission for adoption of emergency rules implementing House Bill 07-1019 (the bill) and amending the requirements pertaining to luxury limousines.  For the reasons set forth in Decision No. C07-0547, the Commission adopted on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) the emergency rules appended to that Decision as Attachment A.
2.	House Bill 07-1019 substantially amended the provisions of Title 40, Article 16, C.R.S., with respect to luxury limousines.  In particular, the bill amends Article 16, C.R.S., so that it no longer defines “luxury limousine,” but requires the Commission to do so.  The bill deletes the statutory operational requirements pertaining to luxury limousines.  Lastly, the bill mandates that the Commission promulgate rules that ensure public safety, consumer protection, and the provision of services to the public.  The bill became effective on July 1, 2007.  Therefore, the emergency rules adopted by Decision No. C07-0547 ensured that there was no lapse of governing regulations concerning luxury limousines.  More specifically, the purpose of the emergency rules adopted by Decision No. C07-0547 was to define “luxury limousine” and set luxury limousine operational requirements, thereby ensuring consumer protection and the provision of services to the public.  (Public safety is already accomplished by the Commission’s existing rules.)
3.	That action was taken in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.
4.	The Commission, in Decision No. C07-0547, found that immediate adoption of the emergency rules was imperative and necessary to implement the requirements of House Bill 07-1019.  Without the emergency rules, there would have been a lapse in the governing regulations concerning luxury limousines.  The Commission concluded that compliance with the rulemaking requirements associated with permanent rules, pursuant to § 24-4-103, C.R.S., would have been contrary to public interest.
5.	Emergency Rule 6308(a)(III), adopted in Decision No. C07-0547, inadvertently eliminated vans with standard bench seating from being categorized as luxury limousines.  Under § 40-16-101(3)(a)(IV)(C), which was repealed by House Bill 07-1019, such vans were qualified as luxury limousines.  
6.	For the same reasons set forth in Decision No. C07-0547 we will amend rule 6308(a)(III) on an emergency basis (i.e., without compliance with the rulemaking requirements for permanent rules set forth in § 24‑4-103, C.R.S.) to provide that an executive van may include a van with standard bench seating.  We take this action in accordance with the provisions of §§ 40-2-108(2) and 24-4-103(6), C.R.S.  We find that immediate adoption of these rules is imperatively necessary to comply with state law and for the preservation of public health, safety, and welfare, and that compliance with the rulemaking requirements for permanent rules would be contrary to the public interest.  Amended emergency rule 6308(a)(III) shall supersede the rule that was adopted in Decision No. C07-0547.
7.	The rules attached to this order shall be effective immediately upon this Order’s effective date, and shall remain in effect until permanent rules become effective or for 210 days, whichever period is less.
II.	ORDER
A.	The Commission Orders That:
1.	The rules appended to this Decision as Attachment A are hereby adopted as emergency rules consistent with the above discussion.  The rules appended to this Decision as Attachment A supersede the rules adopted by Decision No. C07-0547.
2.	The attached rules shall be effective immediately upon this Order’s effective date.
3.	This Order is effective upon its Mailed Date.
B.	ADOPTED IN COMMISSIONERS’ WEEKLY MEETING
July 11, 2007.

	THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO

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Commissioners	
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