Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 24-0154.03 Jessica Herrera x4218 SENATE BILL 24-100 Senate Committees House Committees Transportation & Energy Appropriations A BILL FOR AN ACT C ONCERNING COMMERCIAL VEHI CLE SAFETY MEASURES ON101 C OLORADO HIGHWAYS , AND, IN CONNECTION THEREWITH , 102 MAKING AN APPROPRIATION .103 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 SENATE Amended 2nd Reading March 21, 2024 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. department has authority to require certain equipment to interstate 25 (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); and add (5)(a)(I)(C.5) and (5)(a)(I)(G) 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 ANY PORTION OF THE FOLLOWING CORRIDORS LOCATED ON 9 THE WESTERN SLOPE FROM SEPTEMBER 1 THROUGH MAY 31 OF EACH YEAR10 100-2- DURING ANY CONDITIONS THAT EXIST ON THE HIGHWAY FOR ANY1 COMMERCIAL VEHICLE WITH A DECLARED GROSS VEHICLE WEIGHT RATING2 OF SIXTEEN THOUSAND ONE POUNDS OR MORE : Interstate 70 between3 milepost 133 (Dotsero) and WEST OF milepost 259 (Morrison), from4 September 1 through May 31 of each year COLORADO STATE HIGHWAY 95 FROM MILEPOST 63 TO MILEPOST 97 (FRISCO TO FAIRPLAY), U.S. ROUTE 406 WEST OF MILEPOST 256 (EMPIRE), U.S. ROUTE 50 WEST OF MILEPOST 2257 (S ALIDA), U.S. ROUTE 160 WEST OF MILEPOST 304 (WALSENBURG), U.S. 8 ROUTE 285 WEST OF MILEPOST 250 (MORRISON), AND ALL OF U.S. ROUTE9 550 FROM MILEPOST 0 TO 130. It is unlawful to proceed when a state10 highway is closed or to proceed when a restriction is in effect without the11 equipment required by this subsection (5).12 (C.5) A CLOSURE OR RESTRICTION UNDER THIS SUBSECTION (5) IS 13 EFFECTIVE ON ANY MOTOR VEHICLE WHEN SIGNS , INCLUDING TEMPORARY14 OR ELECTRONIC SIGNS, THAT NOTIFY THE PUBLIC OF THE CLOSURE OR15 RESTRICTION ARE ERECTED UPON THE HIGHWAY , AND THE RESTRICTION IN16 SUBSECTION (5)(a)(I)(B) OF THIS SECTION IS EFFECTIVE ON INTERSTATE 7017 BETWEEN MILEPOST 133 (DOTSERO) AND MILEPOST 259 (MORRISON) FROM18 S EPTEMBER 1 THROUGH MAY 31 OF EACH YEAR. IT IS UNLAWFUL TO 19 PROCEED WHEN A STATE HIGHWAY IS CLOSED OR TO PROCEED WHEN A20 RESTRICTION IS IN EFFECT WITHOUT THE EQUIPMENT REQUIRED BY THIS21 SUBSECTION (5).22 (G) O N THE EFFECTIVE DATE OF THIS SUBSECTION , THE FREIGHT 23 MOBILITY AND SAFETY BRANCH CREATED IN SECTION 43-1-117 (4) SHALL24 LAUNCH AN AWARENESS CAMPAIGN ON ANY LAWS ENACTED THAT MODIFY25 SUBSECTION (5)(a)(I)(C) OF THIS SECTION.26 SECTION 2. In Colorado Revised Statutes, add 42-4-618 as27 100 -3- follows:1 42-4-618. Glenwood Canyon - increase in penalties and2 surcharges for speeding violations - definitions. (1) T HE DEPARTMENT3 MAY DETERMINE THAT THERE ARE SAFETY CONCERNS IN GLENWOOD4 C ANYON ON INTERSTATE 70 EASTBOUND BETWEEN MILEPOST 116.0 AND5 MILEPOST 131.0 AND WESTBOUND BETWEEN MILEPOST 118.5 AND6 MILEPOST 131.0 RELATED TO COMMERCIAL MOTOR VEHICLES EXCEEDING7 THE POSTED SPEED LIMITS.8 (2) T HE DEPARTMENT SHALL ERECT , WHERE APPLICABLE, SIGNS9 NOTIFYING DRIVERS OF EACH AREA OF THE STATE HIGHWAYS THAT THE10 DEPARTMENT HAS DESIGNATED AS A HEIGHTENED SPEED LIMIT11 ENFORCEMENT ZONE.12 (3) A DRIVER OF A COMMERCIAL MOTOR VEHICLE WHO COMMITS13 A SPEEDING VIOLATION IN A HEIGHTENED SPEED LIMIT ENFORCEMENT14 ZONE IS SUBJECT TO THE INCREASED PENALTIES AND SURCHARGES15 IMPOSED UNDER SECTION 42-4-1701 (4)(d.9); EXCEPT THAT THE 16 INCREASED PENALTIES AND SURCHARGES DO NOT APPLY WHEN THE DRIVER17 COMMITS THE VIOLATION WITHIN A HIGHWAY MAINTENANCE , REPAIR, OR18 CONSTRUCTION ZONE AND IS ALREADY SUBJECT TO AN INCREASED19 PENALTY AND SURCHARGE FOR THE VIOLATION PURSUANT TO SECTION20 42-4-614.21 (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 43-1-103.27 100 -4- (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, add 42-4-1014 as 13 follows:14 42-4-1014. No passing for commercial motor vehicles -15 penalty. (1) A DRIVER OF A COMMERCIAL VEHICLE MAY NOT ENTER THE 16 FURTHEST LEFT LANE WHEN DRIVING IN THE FOLLOWING AREAS UNLESS17 SPECIFICALLY REQUIRED OR AUTHORIZED TO PASS BY LAW :18 (a) B ETWEEN MILEPOST 115.5 AND MILEPOST 131.0 (GLENWOOD 19 CANYON);20 (b) B ETWEEN MILEPOST 169.5 AND MILEPOST 173.0 (DOWD 21 JUNCTION);22 (c) B ETWEEN MILEPOST 180.0 AND MILEPOST 190.5 (VAIL PASS); 23 (d) B ETWEEN MILEPOST 205.5 AND 221.0 (EISENHOWER-JOHNSON 24 TUNNEL);25 (e) B ETWEEN MILEPOST 224.0 AND MILEPOST 228.5 (GEORGETOWN 26 HILL); AND27 100 -5- (f) BETWEEN MILEPOST 243.0 AND MILEPOST 247.0 (FLOYD HILL).1 (2) A NY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION 2 COMMITS A CLASS A TRAFFIC INFRACTION.3 SECTION 4. In Colorado Revised Statutes, 42-4-1701, add4 (4)(d.9) as follows:5 42-4-1701. Traffic offenses and infractions classified -6 penalties - penalty and surcharge schedule - repeal. (4) (d.9) (I) T HE7 PENALTY AND SURCHARGE IMPOSED FOR A VIOLATION UNDER SUBSECTION8 (4)(a)(I)(L) OF THIS SECTION IS DOUBLED IF THE VIOLATION IS COMMITTED9 BY A DRIVER OF A COMMERCIAL MOTOR VEHICLE WITHIN AN AREA OF A10 STATE HIGHWAY THAT THE DEPARTMENT OF TRANSPORTATION HAS11 DESIGNATED AS A HEIGHTENED SPEED LIMIT ENFORCEMENT ZONE12 PURSUANT TO SECTION 42-4-618; EXCEPT THAT THE FINE IS NOT DOUBLED 13 WHEN THE DRIVER OF A COMMERCIAL MOTOR VEHICLE COMMITS THE14 VIOLATION WITHIN A HIGHWAY MAINTENANCE , REPAIR, OR CONSTRUCTION15 ZONE AND IS ALREADY SUBJECT TO AN INCREASED PENALTY AND16 SURCHARGE FOR THE VIOLATION PURSUANT TO SECTION 42-4-614.17 (II) N OTWITHSTANDING ANY PROVISION OF LAW TO THE18 CONTRARY, FOR EACH FINE COLLECTED PURSUANT TO SECTION 42-4-61819 (4) AND SUBSECTION (4)(d.9)(I) OF THIS SECTION, THE STATE TREASURER20 SHALL CREDIT ALL OF THE AMOUNT OF THE FINE TO THE MOUNTAIN21 HIGHWAYS COMMERCIAL MOTOR VEHICLE SAFETY ACCOUNT , CREATED IN22 SUBSECTION (4)(d.7)(II) OF THIS SECTION. 23 SECTION 5. In Colorado Revised Statutes, 42-8-104, amend (2)24 as follows:25 42-8-104. Powers and duties - rules. (2) A port of entry officer,26 during the time that the officer is actually engaged in performing the27 100 -6- officer's duties as such and while acting under proper orders or rules1 issued by the chief of the Colorado state patrol, shall exercise all the2 powers invested in peace officers in connection with directing traffic and3 in the enforcement of the provisions of this article 8; articles 2, 3, and 204 of this title 42; part 5 of article 4 of this title 42; and sections 42-4-1065 (5), 42-4-209, 42-4-225 (1.5), 42-4-235, 42-4-1407, 42-4-1409, and6 42-4-1414; except that an officer does not have the power to serve civil7 writs and process and, in the exercise of the officer's duties, an officer has8 the authority to restrain and detain persons or vehicles and may impound9 any vehicle until any tax or license fee imposed by law is paid or until10 compliance is had with any tax or regulatory law or rule issued11 thereunder.12 SECTION 6. In Colorado Revised Statutes, add 43-1-132 as13 follows:14 43-1-132. Additional chain-up and chain-down stations and15 winter safety measures feasability report - report - repeal. (1) T HE16 DEPARTMENT SHALL TASK THE FREIGHT MOBILITY AND SAFETY BRANCH17 CREATED IN SECTION 43-1-117 (4) TO STUDY LOCATIONS FOR NEW18 CHAIN-UP AND CHAIN-DOWN STATIONS ON ALL STATE HIGHWAYS WHERE19 THE DEPARTMENT DETERMINES THAT CHAIN -UP AND CHAIN-DOWN20 STATIONS ARE NECESSARY OR BENEFICIAL , AND TO STUDY WHAT21 APPROPRIATE TECHNOLOGY COULD BE ADDED TO EXISTING CHAIN -UP AND22 CHAIN-DOWN STATIONS. THE STUDY MUST, AT A MINIMUM:23 (a) I DENTIFY THE CURRENT BARRIERS TO BUILDING NEW CHAIN -UP24 AND CHAIN-DOWN STATIONS, INCLUDING CONSULTING WITH25 MUNICIPALITIES TO IDENTIFY BARRIERS RELATED TO THE CONSTRUCTION26 OF NEW CHAIN STATIONS WITHIN MUNICIPAL BOUNDARIES ;27 100 -7- (b) FIND CREATIVE SOLUTIONS TO ADDRESS ANY IDENTIFIED1 BARRIERS; 2 (c) I DENTIFY APPROPRIATE TECHNOLOGY THAT COULD BE ADDED 3 TO EXISTING CHAIN UP AND CHAIN-DOWN STATIONS TO IMPROVE SAFETY4 AND MOBILITY;5 (d) E XAMINE THE ECONOMIC AND SAFETY IMPACTS OF 6 COMMERCIAL MOTOR VEHICLE INCIDENTS AND CLOSURES DURING7 INCLEMENT WEATHER EVENTS , INCLUDING EVALUATING THE POTENTIAL8 BENEFITS OF CLOSURES TO COMMERCIAL MOTOR VEHICLES FOR LIMITED9 PERIODS OF TIME DURING SNOWSTORMS ; AND10 (e) E XAMINE COMMERCIAL MOTOR VEHICLE PARKING LOCATIONS 11 ON INTERSTATE 70 IN COLORADO.12 (f) IDENTIFY ANY MODIFICATIONS OR ADDITIONS THAT EXISTING13 STATE TRANSPORTATION INFRASTRUCTURE MAY NEED TO ENABLE THE14 ADDITION OF NEW CHAIN-UP AND CHAIN-DOWN STATIONS, THE TIMELINE15 FOR MAKING SUCH MODIFICATIONS OR ADDITIONS , AND THE ANTICIPATED16 COST OF MAKING SUCH MODIFICATIONS OR ADDITIONS .17 (2) T HE DEPARTMENT SHALL PRESENT THE REPORT TO THE18 TRANSPORTATION LEGISLATION REVIEW COMMITTEE CREATED IN SECTION19 43-2-145 (1)(a), TO THE TRANSPORTATION COMMISSION CREATED IN 20 SECTION 43-1-106, AND TO EACH MEMBER OF THE GENERAL ASSEMBLY21 WHOSE SENATORIAL OR REPRESENTATIVE DISTRICT IS LOCATED WHOLLY22 OR PARTLY WITHIN THE WESTERN SLOPE . DURING THE 2025 LEGISLATIVE23 INTERIM.24 (3) T HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2026.25 SECTION 7. In Colorado Revised Statutes, 43-4-1506, amend26 (3) as follows:27 100 -8- 43-4-1506. Fuels impact reduction grant program. (3) The1 enterprise shall annually distribute up to five million dollars from the2 fund, after making the transfers required by subsection (2) of this section3 and after providing for the administrative expenses of the enterprise, to4 key commercial freight corridors, to support state government projects5 related to emergency responses AND MEASURES TO PREVENT6 EMERGENCIES, INCLUDING BUT NOT LIMITED TO THE STUDY REQUIRED BY7 SECTION 43-1-132, environmental mitigation, or the transportation of fuel8 within the state on routes necessary for the transportation of hazardous9 materials.10 SECTION 8. Appropriation. For the 2024-25 state fiscal year, 11 $31,684 is appropriated to the department of revenue. This appropriation12 is from the Colorado DRIVES vehicle services account in the highway13 users tax fund created in section 42-1-211(2), C.R.S. To implement this14 act, the department may use this appropriation as follows:15 (a) $23,808 for DRIVES maintenance and support;16 (b) $1,728 for personal services related to driver services;17 (c) $2,485 for personal services related to administration and18 support; and19 (d) $3,663 for payments to OIT.20 SECTION 9. Act subject to petition - effective date. This act21 takes effect at 12:01 a.m. on the day following the expiration of the22 ninety-day period after final adjournment of the general assembly; except23 that, if a referendum petition is filed pursuant to section 1 (3) of article V24 of the state constitution against this act or an item, section, or part of this25 act within such period, then the act, item, section, or part will not take26 effect unless approved by the people at the general election to be held in27 100 -9- November 2024 and, in such case, will take effect on the date of the1 official declaration of the vote thereon by the governor.2 100 -10-