Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0154.03 Jessica Herrera x4218 SENATE BILL 24-100 Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING COMMERCIAL VEHI CLE SAFETY MEASURES ON101 C OLORADO HIGHWAYS .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) Current law allows the department of transportation (department) to issue closures or require certain equipment on interstate 70 (I-70) from September 1 through May 31 each year between milepost 133 in Dotsero and milepost 259 in Morrison. Section 1 of the bill changes the geographic location where the department has authority to require certain equipment to interstate 25 SENATE SPONSORSHIP Roberts and Will, Rich HOUSE SPONSORSHIP Velasco and Taggart, Lukens, McCluskie, McLachlan, Soper, Story, Titone Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. (I-25) and any interstate, U.S. highway, and state highway west of I-25. Section 2 allows the department to establish heightened speed limit enforcement zones (zone) within public highways in Glenwood Canyon on I-70 eastbound from milepost 116.0 to milepost 131.0 and westbound from milepost 118.5 to milepost 131.0 where there are safety concerns related to commercial motor vehicle drivers exceeding the posted speed limits. If the department establishes a zone, the department must erect signs identifying the zone and notifying commercial motor vehicle drivers that increased fines are assessed for speeding in the zone. Section 3 makes it a traffic offense for any commercial vehicle to be driving in the farthest left lane on I-70 between milepost 116 in Glenwood Springs and milepost 259 in Morrison during all conditions on that highway except to safely pass a vehicle driving under the posted speed limit. Section 4 subjects a commercial motor vehicle driver who commits a speeding violation in a zone to double fines and surcharges. Section 5 ensures that a port of entry officer has all the powers of a peace officer when enforcing highway closures and the state's winter traction device law. Section 6 requires the freight mobility and safety branch of the department to study the feasibility of funding additional locations of chain-up stations utilizing the money from the increased penalties in zones within public highways in Glenwood Canyon. Section 7 allows the study on feasibility of new chain-up stations to also be funded by the fuels impact reduction grant program. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 42-4-106, amend2 (5)(a)(I)(C) as follows:3 42-4-106. Who may restrict right to use highways - definitions4 - rules. (5) (a) (I) (C) A closure or restriction under this subsection (5)5 is effective when signs, including temporary or electronic signs, that6 notify the public of the closure or restriction are erected upon the7 highway, and the restriction in subsection (5)(a)(I)(B) of this section is8 effective on interstate 70 between milepost 133 (Dotsero) and milepost 9 259 (Morrison) 25 AND ANY INTERSTATE HIGHWAY , U.S. HIGHWAY, AND10 STATE HIGHWAY WEST OF INTERSTATE 25 from September 1 through May11 SB24-100-2- 31 of each year DURING ANY CONDITIONS THAT EXIST ON THE HIGHWAY .1 It is unlawful to proceed when a state highway is closed or to proceed2 when a restriction is in effect without the equipment required by this3 subsection (5).4 SECTION 2. In Colorado Revised Statutes, add 42-4-618 as5 follows:6 42-4-618. Glenwood Canyon - increase in penalties and7 surcharges for speeding violations - definitions. (1) T HE DEPARTMENT8 MAY DETERMINE THAT THERE ARE SAFETY CONCERNS IN GLENWOOD9 C ANYON ON INTERSTATE 70 EASTBOUND BETWEEN MILEPOST 116.0 AND10 MILEPOST 131.0 AND WESTBOUND BETWEEN MILEPOST 118.5 AND11 MILEPOST 131.0 RELATED TO COMMERCIAL MOTOR VEHICLES EXCEEDING12 THE POSTED SPEED LIMITS.13 (2) T HE DEPARTMENT SHALL ERECT , WHERE APPLICABLE, SIGNS14 NOTIFYING DRIVERS OF EACH AREA OF THE STATE HIGHWAYS THAT THE15 DEPARTMENT HAS DESIGNATED AS A HEIGHTENED SPEED LIMIT16 ENFORCEMENT ZONE.17 (3) A DRIVER OF A COMMERCIAL MOTOR VEHICLE WHO COMMITS18 A SPEEDING VIOLATION IN A HEIGHTENED SPEED LIMIT ENFORCEMENT19 ZONE IS SUBJECT TO THE INCREASED PENALTIES AND SURCHARGES20 IMPOSED UNDER SECTION 42-4-1701 (4)(d.9).21 (4) A S USED IN THIS SECTION UNLESS THE CONTEXT OTHERWISE22 REQUIRES:23 (a) "C OMMERCIAL MOTOR VEHICLE " HAS THE SAME MEANING AS24 SET FORTH IN SECTION 42-2-402 (4).25 (b) "D EPARTMENT" MEANS THE DEPARTMENT OF TRANSPORTATION26 CREATED IN SECTION 43-1-103. 27 SB24-100 -3- (c) "HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE " MEANS AN1 AREA OF A STATE HIGHWAY THAT :2 (I) B EGINS AND ENDS AT A SIGN THAT:3 (A) C ONFORMS TO THE STATE TRAFFIC CONTROL MANUAL ;4 (B) I NDICATES THAT A DRIVER IS ABOUT TO ENTER OR IS AT THE5 END OF A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE ; AND6 (C) N OTIFIES COMMERCIAL MOTOR VEHICLE DRIVERS THAT7 INCREASED PENALTIES AND SURCHARGES ARE IN EFFECT AND ASSESSED8 FOR SPEEDING IN THE ZONE; AND9 (II) I S DESIGNATED AS A HEIGHTENED SPEED LIMIT ENFORCEMENT10 ZONE BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO11 SUBSECTION (2) OF THIS SECTION.12 SECTION 3. In Colorado Revised Statutes, 42-4-1013, add (1.5)13 as follows:14 42-4-1013. Passing lane - penalty - definitions. (1.5) I T IS15 UNLAWFUL FOR A COMMERCIAL VEHICLE TO ENTER THE FARTHEST LEFT16 LANE IF THERE ARE TWO OR MORE ADJACENT LANES OF TRAFFIC MOVING17 IN THE SAME DIRECTION ON INTERSTATE 70 BETWEEN MILEPOST 11618 (G LENWOOD SPRINGS) AND MILEPOST 259 (MORRISON) DURING ALL19 CONDITIONS ON THAT HIGHWAY EXCEPT TO SAFELY PASS A VEHICLE20 TRAVELING BELOW THE POSTED SPEED LIMIT IF THE OVERTAKING IS21 PERFORMED IN ACCORDANCE WITH SECTION 42-4-1005.22 SECTION 4. In Colorado Revised Statutes, 42-4-1701, add23 (4)(d.9) as follows:24 42-4-1701. Traffic offenses and infractions classified -25 penalties - penalty and surcharge schedule - repeal. (4) (d.9) (I) T HE26 PENALTY AND SURCHARGE IMPOSED FOR A VIOLATION UNDER SUBSECTION27 SB24-100 -4- (4)(a)(I)(L) OF THIS SECTION IS DOUBLED IF THE VIOLATION IS COMMITTED1 BY A DRIVER OF A COMMERCIAL MOTOR VEHICLE WITHIN AN AREA OF A2 STATE HIGHWAY THAT THE DEPARTMENT OF TRANSPORTATION HAS3 DESIGNATED AS A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE4 PURSUANT TO SECTION 42-4-618.5 (II) N OTWITHSTANDING ANY PROVISION OF LAW TO THE6 CONTRARY, FOR EACH FINE COLLECTED PURSUANT TO SECTION 42-4-6187 (4) AND SUBSECTION (4)(d.9)(I) OF THIS SECTION, THE STATE TREASURER8 SHALL CREDIT ONE-HALF OF THE AMOUNT OF THE FINE TO THE MOUNTAIN9 HIGHWAYS COMMERCIAL MOTOR VEHICLE SAFETY ACCOUNT , CREATED IN10 SUBSECTION (4)(d.7)(II) OF THIS SECTION. ALL MONEY CREDITED TO THE11 ACCOUNT PURSUANT TO THIS SUBSECTION (4)(d.9) IS CONTINUOUSLY12 APPROPRIATED TO THE FREIGHT MOBILITY AND SAFETY BRANCH CREATED13 WITHIN THE TRANSPORTATION DEVELOPMENT DIVISION OF THE14 DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION 43-1-117 (4) TO15 PAY COSTS ASSOCIATED WITH THE STUDY IN SECTION 43-1-132.16 SECTION 5. In Colorado Revised Statutes, 42-8-104, amend (2)17 as follows:18 42-8-104. Powers and duties - rules. (2) A port of entry officer,19 during the time that the officer is actually engaged in performing the20 officer's duties as such and while acting under proper orders or rules21 issued by the chief of the Colorado state patrol, shall exercise all the22 powers invested in peace officers in connection with directing traffic and23 in the enforcement of the provisions of this article 8; articles 2, 3, and 2024 of this title 42; part 5 of article 4 of this title 42; and sections 42-4-10625 (5), 42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and26 42-4-1414; except that an officer does not have the power to serve civil27 SB24-100 -5- writs and process and, in the exercise of the officer's duties, an officer has1 the authority to restrain and detain persons or vehicles and may impound2 any vehicle until any tax or license fee imposed by law is paid or until3 compliance is had with any tax or regulatory law or rule issued4 thereunder.5 SECTION 6. In Colorado Revised Statutes, add 43-1-132 as6 follows:7 43-1-132. Additional chain-up stations feasability report -8 report - repeal. (1) T HE DEPARTMENT SHALL TASK THE FREIGHT9 MOBILITY AND SAFETY BRANCH CREATED IN SECTION 43-1-117 (4) TO10 STUDY LOCATIONS FOR NEW CHAIN-UP STATIONS ON ALL STATE HIGHWAYS11 WHERE THE DEPARTMENT DETERMINES THAT CHAIN -UP STATIONS ARE12 NECESSARY OR BENEFICIAL. THE STUDY MUST, AT A MINIMUM:13 (a) I DENTIFY THE CURRENT BARRIERS TO BUILDING NEW CHAIN -UP14 STATIONS;15 (b) F IND CREATIVE SOLUTIONS TO ADDRESS ANY IDENTIFIED16 BARRIERS; AND17 (c) I DENTIFY ANY MODIFICATIONS OR ADDITIONS THAT EXISTING18 STATE TRANSPORTATION INFRASTRUCTURE MAY NEED TO ENABLE THE19 ADDITION OF NEW CHAIN-UP STATIONS, THE TIMELINE FOR MAKING SUCH20 MODIFICATIONS OR ADDITIONS, AND THE ANTICIPATED COST OF MAKING21 SUCH MODIFICATIONS OR ADDITIONS .22 (2) T HE DEPARTMENT SHALL PRESENT THE REPORT TO THE23 TRANSPORTATION LEGISLATION REVIEW COMMITTEE CREATED IN SECTION24 43-2-145 (1)(a) DURING THE 2025 LEGISLATIVE INTERIM.25 (3) T HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.26 SECTION 7. In Colorado Revised Statutes, 43-4-1506, amend27 SB24-100 -6- (3) as follows:1 43-4-1506. Fuels impact reduction grant program. (3) The2 enterprise shall annually distribute up to five million dollars from the3 fund, after making the transfers required by subsection (2) of this section4 and after providing for the administrative expenses of the enterprise, to5 key commercial freight corridors, to support state government projects6 related to emergency responses AND MEASURES TO PREVENT7 EMERGENCIES, INCLUDING BUT NOT LIMITED TO THE STUDY REQUIRED BY8 SECTION 43-1-132, environmental mitigation, or the transportation of fuel9 within the state on routes necessary for the transportation of hazardous10 materials.11 SECTION 8. Act subject to petition - effective date. This act12 takes effect at 12:01 a.m. on the day following the expiration of the13 ninety-day period after final adjournment of the general assembly; except14 that, if a referendum petition is filed pursuant to section 1 (3) of article V15 of the state constitution against this act or an item, section, or part of this16 act within such period, then the act, item, section, or part will not take17 effect unless approved by the people at the general election to be held in18 November 2024 and, in such case, will take effect on the date of the19 official declaration of the vote thereon by the governor.20 SB24-100 -7-