RULES GOVERNING STATEWIDE TRANSPORTATION PLANNING PROCESS AND TRANSPORTATION PLANNING REGIONS
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DEPARTMENT OF TRANSPORTATION
Transportation Commission
RULES GOVERNING STATEWIDE TRANSPORTATION PLANNING PROCESS AND
TRANSPORTATION PLANNING REGIONS
2 CCR 601-22
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
STATEMENT OF BASIS AND PURPOSE, STATUTORY AUTHORITY AND PREAMBLE
The purpose of the Rules Governing the Statewide Transportation Planning Process and Transportation
Planning Regions (Rules) is to prescribe the statewide transportation planning process through which a
long-range Multimodal, comprehensive Statewide Transportation Plan will be developed, integrated,
updated, and amended by the Colorado Department of Transportation (Department or CDOT), in
cooperation with local governments, Metropolitan Planning Organizations (MPOs) , Regional Planning
Commissions, Indian tribal governments, relevant state and federal agencies, the private sector, transit
and freight operators, and the general public. This cooperative process is designed to coordinate regional
transportation planning, guided by the statewide transportation policy set by the Department and the
Transportation Commission of Colorado (“Commission”), as a basis for developing the Statewide
Transportation Plan. The result of the statewide transportation planning process shall be a long-range,
financially feasible, environmentally sound, Multimodal transportation system plan for Colorado that will
reduce traffic, air pollution, and smog while providing for efficient, resilient, and safe movement of people,
goods and services.
Further, the purpose of the Rules is to define the state’s Transportation Planning Regions for which long-
range Regional Transportation Plans are developed, and to prescribe the process for conducting and
initiating transportation planning in the non-MPO Transportation Planning Regions and coordinating with
the MPOs for planning in the metropolitan areas
fe movement of people,
goods and services.
Further, the purpose of the Rules is to define the state’s Transportation Planning Regions for which long-
range Regional Transportation Plans are developed, and to prescribe the process for conducting and
initiating transportation planning in the non-MPO Transportation Planning Regions and coordinating with
the MPOs for planning in the metropolitan areas. Memoranda of Agreement (MOA) that serve as the
Metropolitan Planning Agreements (MPAs) pursuant to 23 C.F.R. § 450 between the Department, each
MPO, and applicable transit provider(s) further prescribe the transportation planning process in the MPO
Transportation Planning Regions. In addition, the purpose of the Rules is to describe the organization and
function of the Statewide Transportation Advisory Committee (STAC) as established by § 43-1-1104,
Colorado Revised Statutes (C.R.S.).
The Rules are promulgated to meet the intent of both the U.S. Congress and the Colorado General
Assembly for conducting a continuing, cooperative, and comprehensive statewide performance-based
Multimodal transportation planning process for producing a Statewide Transportation Plan and Regional
Transportation Plans that address the transportation needs of the State. This planning process, through
comprehensive input, results in systematic project prioritization and resource allocation.
The Rules, governing the statewide planning process, emphasize Colorado’s continually greater
integration of Multimodal, cost-effective, and environmentally sound means of transportation which leads
to cleaner air and reduced traffic. The Rules reflect the Commission’s and the Department’s focus on
Multimodal transportation projects including highways, transit, rail, bicycles, and pedestrians
ion.
The Rules, governing the statewide planning process, emphasize Colorado’s continually greater
integration of Multimodal, cost-effective, and environmentally sound means of transportation which leads
to cleaner air and reduced traffic. The Rules reflect the Commission’s and the Department’s focus on
Multimodal transportation projects including highways, transit, rail, bicycles, and pedestrians. Section 8 of
these Rules establishes an ongoing administrative process for identifying, measuring, confirming, and
verifying those best practices and their impacts, so that CDOT and MPOs can easily apply them to their
plans in order to achieve the pollution reduction levels required by these Rules.
The Rules are promulgated by the Commission pursuant to the specific statutory authority in § 43-1-1103
(5), C.R.S., and § 43-1-106 (8)(k), C.R.S.
Code of Colorado Regulations
Secretary of State
State of Colorado
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Transportation Commission
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Preamble for 2018 Rulemaking
In 2018, rulemaking was initiated to update the rules to conform to recently passed federal legislation,
update expired rules, clarify the membership and duties of the STAC pursuant to HB 16-1169 and HB 16-
1018, and to make other minor corrections.
Preamble for 2021 Rulemaking
Overview
Section 8 of these Rules establishes Greenhouse Gas (GHG) pollution reduction planning levels for
transportation that will improve air quality, reduce smog, and provide more sustainable options for
travelers across Colorado. The purpose of these requirements is to limit the GHG pollution and provide
more transportation mobility options. This is accomplished by requiring CDOT and MPOs to establish
plans that meet GHG reduction levels through a mix of projects that limit and mitigate air pollution and
improve quality of life and Multimodal options
smog, and provide more sustainable options for
travelers across Colorado. The purpose of these requirements is to limit the GHG pollution and provide
more transportation mobility options. This is accomplished by requiring CDOT and MPOs to establish
plans that meet GHG reduction levels through a mix of projects that limit and mitigate air pollution and
improve quality of life and Multimodal options. CDOT and MPOs will be required to demonstrate through
travel demand modeling and the Environmental Protection Agency MOtor Vehicle Emission Simulator
(MOVES) approved air quality modeling that statewide and regional aggregate emissions resulting from
its state or regional plans do not exceed a specified emissions level in total. In the event that a plan fails
to comply, CDOT and MPOs have the option to implement GHG Mitigation Measures that provide
travelers with cleaner and more equitable transportation options. Examples of these types of mitigations,
which also benefit quality of place and the economic resilience of communities, will include but not be
limited to: adding bus rapid transit facilities and services, enhancing first-and-last mile connections to
transit, bicycle transportation infrastructure as well as adding bike-sharing services including electric
bikes, improving pedestrian facilities like sidewalks and safe accessible crosswalks, investments that
support vibrant downtown density and local zoning decisions that favor sustainable building codes and
inclusive multi-use facilities downtown, reductions in bus and vehicle idling, bus queue jumps, and more.
The method of identifying and approving mitigations will be established by a policy process that allows for
ongoing innovations from MPOs, local governments, and other partners to be considered on an iterative
basis. CDOT will provide assistance to MPOs when requested. Such policy shall include a process for
assigning a larger value for mitigations located within a Disproportionately Impacted Community
ethod of identifying and approving mitigations will be established by a policy process that allows for
ongoing innovations from MPOs, local governments, and other partners to be considered on an iterative
basis. CDOT will provide assistance to MPOs when requested. Such policy shall include a process for
assigning a larger value for mitigations located within a Disproportionately Impacted Community. Because
the assigned values for different project types are expected to be valuable not just for GHG Mitigation
Measures but for determining the composition and makeup of plans that will comply with this rule, the
process described above is intended as an incentive for investments that provide more mobility options
for DI communities. This value shall be informed and adjusted by a subsequent analysis conducted by
CDOT’s Environmental Justice and Equity Branch to be described as part of the mitigation policy
directive.
Further, it is expected that CDOT, MPOs and others shall consider these investments at the time a project
is developed and submitted into a transportation plan. For example, applicants of interchange access
requests that go to the CDOT Chief Engineer or Transportation Commission for approval should expect to
articulate how they intend to mitigate the impacts of the request, such as the induced demand created in
the area of the interchange being proposed.
If compliance still cannot be demonstrated, even after committing to GHG Mitigation Measures, the
Commission shall restrict the use of certain funds, requiring that dollars be focused on projects and
approved GHG Mitigation Measures that reduce GHG. These requirements address the Colorado
General Assembly’s directive to reduce statewide GHG pollution in § 25-7-102(2)(g), C.R.S., as well as
the directive for transportation planning to consider environmental stewardship and reducing GHG
emissions, § 43-1-1103(5), C.R.S.
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cts and
approved GHG Mitigation Measures that reduce GHG. These requirements address the Colorado
General Assembly’s directive to reduce statewide GHG pollution in § 25-7-102(2)(g), C.R.S., as well as
the directive for transportation planning to consider environmental stewardship and reducing GHG
emissions, § 43-1-1103(5), C.R.S.
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Context of Section 8 of these Rules Within Statewide Objectives
The passage of House Bill (HB)19-1261 set Colorado on a course to dramatically reduce GHG emissions
across all sectors of the economy. In HB 19-1261, now codified in part at §§ 25-7-102(2) and 105(1)(e),
C.R.S., the General Assembly declared that “climate change adversely affects Colorado’s economy, air
quality and public health, ecosystems, natural resources, and quality of life[,]” and acknowledged that
“Colorado is already experiencing harmful climate impacts[,]” and that “many of these impacts
disproportionately affect” certain Disproportionately Impacted Communities. see § 25-7-102(2), C.R.S.
The General Assembly also recognized that “[b]y reducing [GHG] pollution, Colorado will also reduce
other harmful air pollutants, which will, in turn, improve public health, reduce health care costs, improve
air quality, and help sustain the environment.” see § 25-7-102(2)(d), C.R.S.
Since 2019, the State has been rigorously developing a plan to achieve the ambitious GHG pollution
reduction goals in § 25-7-102(2)(g), C.R.S. In January 2021, the State published its Greenhouse Gas
Pollution Reduction Roadmap (Roadmap). The Roadmap identified the transportation sector as the single
largest source of statewide GHG pollution as of 2020, with passenger vehicles the largest contributor
within the transportation sector. Additionally, the Roadmap determined that emissions from transportation
are a “significant contributor to local air pollution that disproportionately impacts lower-income
communities and communities of color.” see Roadmap, p. XII
ransportation sector as the single
largest source of statewide GHG pollution as of 2020, with passenger vehicles the largest contributor
within the transportation sector. Additionally, the Roadmap determined that emissions from transportation
are a “significant contributor to local air pollution that disproportionately impacts lower-income
communities and communities of color.” see Roadmap, p. XII.
A key finding in the Roadmap recognized that “[m]aking changes to transportation planning and
infrastructure to reduce growth in driving is an important tool” to meet the statewide GHG pollution
reduction goals. see Roadmap, p. 32. Section 8 of these Rules also advances the State’s goals to reduce
emissions of other harmful air pollutants, including ozone.
Why the Transportation Commission is Taking This Action
Senate Bill 21-260, signed into law by the Governor on June 17, 2021, and effective upon signature,
includes a new § 43-1-128, C.R.S., which directs CDOT and MPOs to engage in an enhanced level of
planning, modeling, and other analysis to minimize the adverse environmental and health impacts of
planned transportation capacity projects. Section 43-1-128, C.R.S. also directs CDOT and the
Commission to take steps to account for the impacts of transportation capacity projects on GHG pollution
and Vehicle Miles Traveled and to help achieve statewide GHG pollution targets established in § 25-7-
102(2)(g), C.R.S.
Under Colorado law governing transportation planning, CDOT is charged with and identified as the proper
body for “developing and maintaining the state transportation planning process and the state
transportation plan” in cooperation with Regional Planning Commissions and local government officials.
see § 43-1-1101, C.R.S.
The Commission is responsible for formulating policy with respect to transportation systems in the State
and promulgating and adopting all CDOT financial budgets for construction based on the Statewide
Transportation Improvement Programs. see § 43-1-106(8), C.R.S
the state
transportation plan” in cooperation with Regional Planning Commissions and local government officials.
see § 43-1-1101, C.R.S.
The Commission is responsible for formulating policy with respect to transportation systems in the State
and promulgating and adopting all CDOT financial budgets for construction based on the Statewide
Transportation Improvement Programs. see § 43-1-106(8), C.R.S. The Commission is statutorily charged
“to assure that the preservation and enhancement of Colorado’s environment, safety, mobility and
economics be considered in the planning, selection, construction and operation of all transportation
projects in Colorado.” see § 43-1-106(8)(b), C.R.S. In addition, the Commission is generally authorized “to
make all necessary and reasonable orders, rules and regulations in order to carry out the provisions of
this part . . .” see § 43-1-106(8)(k), C.R.S.
As such, CDOT and the Commission are primarily responsible for ensuring compliance with GHG
reductions in transportation planning.
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What Relevant Regulations Currently Apply to Transportation Planning
Transportation planning is subject to both state and federal requirements. Under federal law governing
transportation planning and federal-aid highways, it is declared to be in the national interest to promote
transportation systems that accomplish a number of mobility objectives “while minimizing transportation-
related fuel consumption and air pollution through metropolitan and statewide transportation planning
processes…” see 23 U.S.C. § 134; see also 23 U.S.C. § 135(a)(1). In the metropolitan planning process,
consideration must be given to projects and strategies that will “protect and enhance the environment,
promote energy conservation, improve the quality of life…” see 23 U.S.C. § 134(h)(1)(E); see also 23
C.F.R. Part 450, Subpart B (federal regulations governing statewide transportation planning and
programming)
23 U.S.C. § 134; see also 23 U.S.C. § 135(a)(1). In the metropolitan planning process,
consideration must be given to projects and strategies that will “protect and enhance the environment,
promote energy conservation, improve the quality of life…” see 23 U.S.C. § 134(h)(1)(E); see also 23
C.F.R. Part 450, Subpart B (federal regulations governing statewide transportation planning and
programming). The same planning objective applies to statewide transportation planning. see 23 U.S.C. §
135(d)(1)(E); see also 23 C.F.R. Part 450, Subpart C (governing metropolitan transportation planning and
programming). Further, the Statewide Transportation Plan shall be developed, as appropriate, in
consultation with State...local agencies responsible for...environmental protection…” see 23 U.S.C. §
135(f)(2)(D)(i).
Under conforming Colorado law, the Statewide Transportation Plan is developed by integrating and
consolidating Regional Transportation Plans developed by MPOs and regional transportation planning
organizations into a “comprehensive statewide transportation plan” pursuant to rules and regulations
promulgated by the Commission. see § 43-1-1103(5), C.R.S. The Statewide Transportation Plan must
address a number of factors including, but not limited to, “environmental stewardship” and “reduction of
greenhouse gas emissions.” see § 43-1-1103(5)(h) and (j), C.R.S.
Regional Transportation Plans must account for the “expected environmental, social, and economic
impacts of the recommendations in the transportation plan, including… [a] full range of reasonable
transportation alternatives...in order to provide for the transportation and environmental needs of the area
in a safe and efficient manner.” see § 43-1-1103(1)(d), C.R.S
§ 43-1-1103(5)(h) and (j), C.R.S.
Regional Transportation Plans must account for the “expected environmental, social, and economic
impacts of the recommendations in the transportation plan, including… [a] full range of reasonable
transportation alternatives...in order to provide for the transportation and environmental needs of the area
in a safe and efficient manner.” see § 43-1-1103(1)(d), C.R.S. Further, in developing Regional
Transportation Plans, MPOs “[s]hall assist other agencies in developing transportation control measures
for utilization in accordance with state...regulations...and shall identify and evaluate measures that show
promise of supporting clean air objectives.” see § 43-1-1103(1)(e), C.R.S.
Putting Section 8 of these Rules into Perspective
Section 8 establishes GHG regulatory requirements that are among the first of their kind in the U.S.
However, from an air pollutant standpoint, connecting transportation planning to emissions is not a new
policy area. In fact, transportation conformity provisions within the Clean Air Act approach ozone much
the same way. Transportation conformity ensures that federally funded or approved highway and transit
activities within a Nonattainment Area are consistent with or “conform to” a state’s plan to reduce
emissions. Colorado’s front range has been in ozone nonattainment for many years, which has required
the North Front Range and the Denver Regional Council of Governments’ MPOs to demonstrate
conformity with each plan adoption and amendment.
However, because the transportation sector encompasses the millions of individual choices people make
every day that have an impact on climate, a variety of strategies are necessary to achieve the State’s
climate goals. Section 8 of these Rules is one of many steps needed to achieve the totality of reduction
goals for the transportation sector.
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e the transportation sector encompasses the millions of individual choices people make
every day that have an impact on climate, a variety of strategies are necessary to achieve the State’s
climate goals. Section 8 of these Rules is one of many steps needed to achieve the totality of reduction
goals for the transportation sector.
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Addressing Disproportionately Impacted Communities
Historically, communities have been impacted unequally by transportation project design and
construction, including a lack of access and connectivity. Negative impacts -- both to air quality by virtue
of proximity to highways as well as limited non-driving options in neighborhoods proximate to highways --
have often concentrated in Disproportionately Impacted Communities, often minority neighborhoods in
urban and industrial areas. These rules are an important opportunity to ensure CDOT’s planning process
and greenhouse gas requirements fully consider these communities and this history. To that end, many
provisions were amended and added in the December 2021 update to these rules. Section 4 requires that
CDOT’s statewide transportation plan include an analysis of impacts on Disproportionately Impacted
Communities and, further, that CDOT seek to exchange information with, increase involvement in, and
consider the transportation needs of these communities in the transportation planning process. Section 8
stipulates that Mitigation Action Plans include an accounting of the amount of mitigation dollars directly
spent in--or designed to serve--Disproportionately Impacted Communities. These plans must also include
an explanation of how any GHG Mitigation Measures delayed or canceled in these areas may still be
achieved (or their equivalent)
communities in the transportation planning process. Section 8
stipulates that Mitigation Action Plans include an accounting of the amount of mitigation dollars directly
spent in--or designed to serve--Disproportionately Impacted Communities. These plans must also include
an explanation of how any GHG Mitigation Measures delayed or canceled in these areas may still be
achieved (or their equivalent). Together these provisions strengthen the role of Disproportionately
Impacted Communities in selecting transportation projects through the planning process and ensures that
appropriate attention and transparency be given to the opportunity provided by greenhouse gas mitigation
investments.
Purpose of GHG Mitigation Measures
The transportation modeling conducted for this rulemaking may demonstrate that certain projects
increase GHG pollution for a variety of reasons. These reasons may include factors such as induced
demand as a result of additional lane mileage attracting additional vehicular traffic, or additional traffic
facilitated by access to new commercial or residential development in the absence of public transit
options or bicycle/pedestrian access that provides consumers with other non-driving options.
Transportation infrastructure itself can also increase or decrease GHG and other air pollutants by virtue of
factors like certain construction materials, removal or addition of tree cover that captures carbon pollution,
or integration with vertical construction templates of various efficiencies that result in higher or lower
levels of per capita energy use. The pollution impacts of various infrastructure projects will vary
significantly depending on their specifics and must be modeled in a manner that is context-sensitive to a
range of issues such as location, footprint of existing infrastructure, design, and how it fits together with
transportation alternatives
s of various efficiencies that result in higher or lower
levels of per capita energy use. The pollution impacts of various infrastructure projects will vary
significantly depending on their specifics and must be modeled in a manner that is context-sensitive to a
range of issues such as location, footprint of existing infrastructure, design, and how it fits together with
transportation alternatives.
Furthermore, other aspects of transportation infrastructure can facilitate reductions in emissions and thus
serve as mitigations rather than contributors to pollution. For example, the addition of transit resources in
a manner that can displace Vehicle Miles Traveled (VMT) can reduce emissions. Moreover, improving
downtown pedestrian and bike access, particularly in areas that allow individuals to shift multiple daily
trips for everything from work to dining to retail, can improve both emissions and quality of life. All told, a
reduction in VMT has numerous societal co-benefits including reduced fatal and serious injury crashes,
wildlife mortality, and traffic congestion and improvements to public health, worker productivity, and
Colorado’s economy.
There is an increasing array of proven best practices for reducing pollution and smog and improving
economies and neighborhoods that can help streamline decision-making for state and local agencies
developing plans and programs of projects. Additionally, the following core principles will guide the
selection and delivery of mitigations:
●
Valuing Benefits to Disproportionately Impacted Communities: Mitigation investments are an
important opportunity to provide localized benefits to Disproportionately Impacted Communities
and connecting vulnerable populations with jobs, education, and community services to ensure
access to opportunity.
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nd delivery of mitigations:
●
Valuing Benefits to Disproportionately Impacted Communities: Mitigation investments are an
important opportunity to provide localized benefits to Disproportionately Impacted Communities
and connecting vulnerable populations with jobs, education, and community services to ensure
access to opportunity.
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●
Geographic Nexus with Impacts: Where regionally significant projects are projected to increase
net greenhouse gas emissions, those emissions should be offset with project-specific GHG
Mitigation Measures that benefit communities that will be impacted by the project. This principle is
especially important for ensuring that Disproportionately Impacted Communities that have often,
historically, borne a significant share of the negative impacts of highway projects, are able to
achieve direct project benefits associated with meeting mitigation requirements.
●
Holistic Air Quality Planning: CDOT and MPOs should be able to demonstrate how they have
supported the GHG Mitigation Measures included in a Mitigation Action Plan, through funding,
technical assistance, or other forms of support. All proposed GHG Mitigation Measures must be
evaluated in a context-sensitive manner to confirm their efficacy to reduce GHG emissions and
reviewed periodically for actual performance.
●
Verification: The mitigations should be able to be tracked, verified, and reported publicly to
ensure real reductions in greenhouse gas emissions.
●
Reasonable Scale: CDOT and MPOs are expected to strive for a reasonable relationship
between the scale of mitigation required and what is implemented, but are not expected to
achieve a precise match. In some cases it also may not be possible, given current tools and
models, to determine an exact ton reduction in GHGs
d, and reported publicly to
ensure real reductions in greenhouse gas emissions.
●
Reasonable Scale: CDOT and MPOs are expected to strive for a reasonable relationship
between the scale of mitigation required and what is implemented, but are not expected to
achieve a precise match. In some cases it also may not be possible, given current tools and
models, to determine an exact ton reduction in GHGs. The Department intends to develop a
scoring rubric over the coming months, with input from stakeholders, to provide a way to rate the
relative effectiveness of measures and align the scale of mitigation needed with the deficit in
million metric tons (MMT) needed to achieve the Rule’s GHG Reduction Levels.
1.00
Definitions.
1.01
Accessible - ensure that reasonable efforts are made that all meetings are reachable by persons
from households without vehicles and that the meetings will be accessible to persons with
disabilities in accordance with the Americans with Disabilities Act (ADA), and also accessible to
persons with Limited English Proficiency. Accessible opportunities to comment on planning
related matters include those provided on the internet and through such methods as telephone
town halls.
1.02
Applicable Planning Document - refers to MPO Fiscally Constrained RTPs, TIPs for MPOs in
NAAs, CDOT’s 10-Year Plan and Four-Year Prioritized Plan in Non-MPO areas, and
amendments to the MPO RTPs and CDOT’s 10-Year Plan and Four-Year Prioritized Plan in Non-
MPO areas that include the addition of Regionally Significant Projects.
1.03
Attainment Area - any geographic region of the United States that meets the national primary or
secondary National Ambient Air Quality Standards (NAAQS) for the pollutants as defined in the
Clean Air Act (CAA) (Amendments of 1990)
nd
amendments to the MPO RTPs and CDOT’s 10-Year Plan and Four-Year Prioritized Plan in Non-
MPO areas that include the addition of Regionally Significant Projects.
1.03
Attainment Area - any geographic region of the United States that meets the national primary or
secondary National Ambient Air Quality Standards (NAAQS) for the pollutants as defined in the
Clean Air Act (CAA) (Amendments of 1990).
1.04
Baseline – For each MPO area and for the Non-MPO areas of the state, for each of the model
years 2025, 2030, 2040, and 2050: the GHG emissions, in million metric tons (MMT), produced
by the most recently adopted model for that area, together with the current EPA-approved version
of MOVES or its successors in the format currently run by APCD, resulting from modeling the
MPO RTP or CDOT 10-year plan adopted as of January 30, 2022.
1.05
Carbon Dioxide Equivalent (CO2e) - a standard unit for comparing the emissions from various
GHG based upon the 100-year global warming potential (GWP). CO2e is calculated by
multiplying the mass amount of emissions (metric tons per year), for each GHG constituent by
that gas’s GWP, and summing the resultant values to determine CO2e (metric tons per year).
This calculation allows comparison of different greenhouse gases and their relative impact on the
environment over different standard time periods.
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1.06
Commission - the Transportation Commission of Colorado created by § 43-1-106, C.R.S.
1.07
Congestion Mitigation and Air Quality (CMAQ) - a federal funding program established in 23
U.S.C § 149 to improve air quality in Nonattainment and Maintenance Areas for ozone, carbon
monoxide, and particulate matter. References related to this program include any successor
programs as established by the federal government.
1.08
Corridor - a transportation system that includes all modes and facilities within a described
geographic area
(CMAQ) - a federal funding program established in 23
U.S.C § 149 to improve air quality in Nonattainment and Maintenance Areas for ozone, carbon
monoxide, and particulate matter. References related to this program include any successor
programs as established by the federal government.
1.08
Corridor - a transportation system that includes all modes and facilities within a described
geographic area.
1.9
Corridor Vision - a comprehensive examination of a specific transportation Corridor, which
includes a determination of needs and an expression of desired state of the transportation system
that includes Transportation Modes and facilities over a planning period.
1.10
Department or CDOT - the Colorado Department of Transportation created by § 43-1-103, C.R.S.
11.11
Disproportionately Impacted Communities - defined in §24-4-109, C.R.S. as a community that is
described in § 24-4-109(2)(b)(II)(G) or (2)(b)(II)(H), C.R.S. or that is in a census block group, as
determined in accordance with the most recent five-year United States bureau of the census
American community survey and meets one or more of the following criteria.
1.11.1 The proportion of the population living in households that are below two hundred percent
of the federal poverty level is greater than forty percent;
1.11.2 The proportion of households that spend more than thirty percent of household income
on housing is greater than fifty percent;
1.11.3 The proportion of the population that identifies as people of color is greater than forty
percent;
1.11.4 The proportion of the population that is linguistically isolated is greater than twenty
percent;
1.11.5 A statewide agency determines, after a community presents evidence of being and
requests to be classified as a disproportionately impacted community, that the population
is disproportionately impacted based on evidence, presented in a relevant statewide
agency decision-making process, that a census block group is disproportionately
impacted because it has a history of environmental racism perpetuated thr
wide agency determines, after a community presents evidence of being and
requests to be classified as a disproportionately impacted community, that the population
is disproportionately impacted based on evidence, presented in a relevant statewide
agency decision-making process, that a census block group is disproportionately
impacted because it has a history of environmental racism perpetuated through redlining
or through anti-indigenous, anti-immigrant, anti-Latino, or anti-Black laws, policies, or
practices and that present-day demographic factors and data demonstrate that the
community currently faces environmental health disparities;
1.11.6 The community is identified by a statewide agency as being one where multiple factors,
including socioeconomic stressors, vulnerable populations, disproportionate
environmental burdens, vulnerability to environmental degradation or climate change,
and lack of public participation may act cumulatively to affect health and the environment
and may contribute to persistent disparities;
1.11.7 The community is a mobile home park, as defined in section 38-12-201.5 (6), regardless
of whether the mobile home park is a census block group; or
1.11.8 The community is located on the Southern Ute or Ute Mountain Ute Indian reservation,
regardless of whether the community is a census block group.
1.12
Division - the Division of Transportation Development within CDOT.
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defined in section 38-12-201.5 (6), regardless
of whether the mobile home park is a census block group; or
1.11.8 The community is located on the Southern Ute or Ute Mountain Ute Indian reservation,
regardless of whether the community is a census block group.
1.12
Division - the Division of Transportation Development within CDOT.
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1.13
Division Director - the Director of the Division of Transportation Development.
1.14
Fiscally Constrained - the financial limitation on transportation plans and programs based on the
projection of revenues as developed cooperatively with the MPOs and the rural TPRs and
adopted by the Commission that are reasonably expected to be available over the long-range
transportation planning period and the TIP and STIP programming periods.
1.15
Four-Year Prioritized Plan - a four-year subset of the 10-Year Plan consisting of projects
prioritized for near-term delivery and partial or full funding.
1.16
Greenhouse Gas (GHG) – pollutants that are anthropogenic (man-made) emissions of carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and
sulfur hexafluoride.
1.17
Greenhouse Gas (GHG) Reduction Level - the amount of the GHG expressed as CO2e reduced
that CDOT and MPOs must attain through transportation planning.
1.18
Greenhouse Gas (GHG) Mitigation Measures - non-Regionally Significant Project strategies that
reduce transportation GHG pollution and help meet the GHG Reduction Levels.
1.19
Intergovernmental Agreement - an arrangement made between two or more political subdivisions
that form associations for the purpose of promoting the interest and welfare of said subdivisions.
1.20
Intermodal Facility - a site where goods or people are conveyed from one mode of transportation
to another, such as goods from rail to truck or people from passenger vehicle to bus.
1.21
Land Use - the type, size, arrangement, and use of parcels of land
between two or more political subdivisions
that form associations for the purpose of promoting the interest and welfare of said subdivisions.
1.20
Intermodal Facility - a site where goods or people are conveyed from one mode of transportation
to another, such as goods from rail to truck or people from passenger vehicle to bus.
1.21
Land Use - the type, size, arrangement, and use of parcels of land.
1.22
Limited English Proficiency - individuals who do not speak English as their primary language and
who have a limited ability to read, speak, write, or understand English.
1.23
Long-Range Planning - a reference to a planning period with a minimum 20-year planning
horizon.
1.24
Maintenance Area - any geographic region of the United States previously designated by the U.S.
Environmental Protection Agency (EPA) as a Nonattainment Area pursuant to the Clean Air Act
(CAA) Amendments of 1990 and subsequently redesignated to attainment subject to the
requirement to develop a maintenance plan under § 175A of the CAA, as amended in 1990.
1.25
Memorandum of Agreement (MOA) - a written agreement between two or more parties on an
intended plan of action.
1.26
Metropolitan Planning Agreement (MPA) - a written agreement between the MPO, the State, and
the providers of public transportation serving the Metropolitan Planning Area that describes how
they will work cooperatively to meet their mutual responsibilities in carrying out the metropolitan
planning process.
1.27
Metropolitan Planning Area - a geographic area determined by agreement between the MPO for
the area and the Governor, in which the metropolitan transportation planning process is carried
out pursuant to 23 U.S.C. § 134.
1.28
Metropolitan Planning Organization (MPO) - an organization designated by agreement among the
units of general purpose local governments and the Governor, charged to develop the RTPs and
programs in a Metropolitan Planning Area pursuant to 23 U.S.C. § 134.
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portation planning process is carried
out pursuant to 23 U.S.C. § 134.
1.28
Metropolitan Planning Organization (MPO) - an organization designated by agreement among the
units of general purpose local governments and the Governor, charged to develop the RTPs and
programs in a Metropolitan Planning Area pursuant to 23 U.S.C. § 134.
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1.29
Mitigation Action Plan - an element of the GHG Transportation Report that specifies which GHG
Mitigation Measures shall be implemented that help achieve the GHG Reduction Levels.
1.30
Mobility - the ability to move people, goods, services, and information among various origins and
destinations.
1.31
MOVES Model - U.S. Environmental Protection Agency’s most recent version of the MOtor
Vehicle Emission Simulator (or MOVES) model that quantifies GHG emissions from on-road
transportation, or its successor, that is required for transportation conformity analyses per federal
regulation.
1.32
MPO Models - one (1) or more of the computer-based models maintained and operated by the
MPOs which depict the MPO areas’ transportation systems (e.g., roads, transit, etc.) and
development patterns (i.e., number and location of households and jobs) for a defined year (i.e.,
past, present, or forecast) and produce estimates of roadway VMT, delays, operating speeds,
transit ridership, and other characteristics of transportation system use.
1.33
Multimodal - an integrated approach to transportation that takes into account all modes of travel,
such as bicycles and walking, personal mobility devices, buses, transit, rail, aircraft, and motor
vehicles.
1.34
Multimodal Transportation and Mitigation Options Fund (MMOF) - a program created in the State
Treasury pursuant to § 43-4-1103, C.R.S. which funds bicycle, pedestrian, transit and other
Multimodal projects as defined in § 43-4-1102(5), C.R.S. and GHG Mitigation projects as defined
in § 43-4-1102(4.5), C.R.S
alking, personal mobility devices, buses, transit, rail, aircraft, and motor
vehicles.
1.34
Multimodal Transportation and Mitigation Options Fund (MMOF) - a program created in the State
Treasury pursuant to § 43-4-1103, C.R.S. which funds bicycle, pedestrian, transit and other
Multimodal projects as defined in § 43-4-1102(5), C.R.S. and GHG Mitigation projects as defined
in § 43-4-1102(4.5), C.R.S.
1.35
National Ambient Air Quality Standards (NAAQS) - are those established by the U.S.
Environmental Protection Agency for air pollutants considered harmful to public health and
environment. These criteria pollutants are: carbon monoxide, lead, nitrogen dioxide, ozone,
particulate matter, and sulfur dioxide.
1.36
Nonattainment Area - any geographic region of the United States which has been designated by
the EPA under section 107 of the CAA for any pollutants for which a NAAQS exists.
1.37
Non-Metropolitan Area - a rural geographic area outside a designated Metropolitan Planning
Area.
1.38
Plan Integration - a comprehensive evaluation of the statewide transportation system that
includes all modes, an identification of needs and priorities, and key information from other
related CDOT plans.
1.39
Planning Partners - local and tribal governments, the rural TPRs and MPOs.
1.40
Project Priority Programming Process - the process by which CDOT adheres to 23 U.S.C. § 135
and 23 C.F.R. Part 450 when developing and amending the STIP.
1.41
Regional Planning Commission (RPC) - a planning body formed under the provisions of § 30-28-
105, C.R.S., and designated under these Rules for the purpose of transportation planning within a
rural TPR.
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Process - the process by which CDOT adheres to 23 U.S.C. § 135
and 23 C.F.R. Part 450 when developing and amending the STIP.
1.41
Regional Planning Commission (RPC) - a planning body formed under the provisions of § 30-28-
105, C.R.S., and designated under these Rules for the purpose of transportation planning within a
rural TPR.
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1.42
Regionally Significant Project - a transportation project that is on a facility which serves regional
transportation needs (such as access to and from the area outside of the region, major activity
centers in the region, major planned developments such as new retail malls, sports complexes,
etc., or transportation terminals as well as most terminals themselves) and would normally be
included in the modeling of a metropolitan area's transportation network or state transportation
network, including at a minimum all principal arterial highways and all fixed guideway transit
facilities that offer an alternative to regional highway travel. Modifications of this definition shall be
allowed if approved by the State Interagency Consultation Team. If the MPOs have received
approval from the EPA to use a different definition of regionally significant project as defined in 40
C.F.R. § 93.101, the State Interagency Consultation Team will accept the modified definition.
Necessary specificity for MPO Models or the Statewide Travel Model will be approved by the
State Interagency Consultation Team.
1.43
Regional Transportation Plan (RTP) - a long-range plan designed to address the future
transportation needs for a TPR including, but not limited to, Fiscally Constrained or anticipated
funding, priorities, and implementation plans, pursuant to, but not limited to, § 43-1-1103, C.R.S.
and 23 C.F.R. Part 450. All rural and urban TPRs in the state produce RTPs
State Interagency Consultation Team.
1.43
Regional Transportation Plan (RTP) - a long-range plan designed to address the future
transportation needs for a TPR including, but not limited to, Fiscally Constrained or anticipated
funding, priorities, and implementation plans, pursuant to, but not limited to, § 43-1-1103, C.R.S.
and 23 C.F.R. Part 450. All rural and urban TPRs in the state produce RTPs.
1.44
State Interagency Consultation Team - consists of the Division Director or the Division Director’s
designee, the Colorado Department of Public Health and Environment (CDPHE) Director of Air
Pollution Control Division or the Director’s designee, the Director of each MPO or their designee,
and the Colorado Energy Office Director or Director’s designee. The Division Director shall
appoint a rural TPR Chair with experience with and representing rural planning interests and may
appoint this member and additional member(s) from outside of these organizations to renewable
terms of three (3) years. The State Interagency Consultation Team works collaboratively and
consults appropriately to approve modifications to Regionally Significant definitions, and address
classification of projects as Regionally Significant, modeling assumptions, and projects that
reduce GHG emissions.
1.45
State Transportation System - refers to all state-owned, operated, and maintained transportation
facilities in Colorado, including, but not limited to, interstate highways, other highways, and
aviation, bicycle and pedestrian, transit, and rail facilities.
1.46
Statewide Transportation Advisory Committee (STAC) - the committee created by § 43-1-1104,
C.R.S., comprising one representative from each TPR and one representative from each tribal
government to review and comment on RTPs, amendments, and updates, and to advise both the
Department and the Commission on the needs of the transportation system in Colorado
estrian, transit, and rail facilities.
1.46
Statewide Transportation Advisory Committee (STAC) - the committee created by § 43-1-1104,
C.R.S., comprising one representative from each TPR and one representative from each tribal
government to review and comment on RTPs, amendments, and updates, and to advise both the
Department and the Commission on the needs of the transportation system in Colorado.
1.47
Statewide Transportation Improvement Program (STIP) - a Fiscally Constrained, multi-year,
statewide, Multimodal program of transportation projects which is consistent with the Statewide
Transportation Plan and planning processes, with Metropolitan Planning Area plans,
Transportation Improvement Programs and processes, and which is developed pursuant to 23
U.S.C. § 135.
1.48
Statewide Travel Model - the computer-based model maintained and operated by CDOT which
depicts the state’s transportation system (roads, transit, etc.) and development scale and pattern
(number and location of households, number and location of firms/jobs) for a selected year (past,
present, or forecast) and produces estimates of roadway VMT and speed, transit ridership, and
other characteristics of transportation system use.
1.49
Statewide Transportation Plan - the long-range, comprehensive, Multimodal statewide
transportation plan covering a period of no less than 20 years from time of adoption, developed
through the statewide transportation planning process described in these Rules and 23 U.S.C. §
135, and adopted by the Commission pursuant to § 43-1-1103, C.R.S.
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Transportation Plan - the long-range, comprehensive, Multimodal statewide
transportation plan covering a period of no less than 20 years from time of adoption, developed
through the statewide transportation planning process described in these Rules and 23 U.S.C. §
135, and adopted by the Commission pursuant to § 43-1-1103, C.R.S.
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1.50
Surface Transportation Block Grant (STBG) - a flexible federal funding source established under
23 U.S.C. § 133 for state and local transportation needs. Funds are expended in the areas of the
State based on population. References related to this program include any successor programs
established by the federal government.
1.51
System Continuity - includes, but is not limited to, appropriate intermodal connections, integration
with state modal plans, and coordination with neighboring RTPs, and, to the extent practicable,
other neighboring states’ transportation plans.
1.52
Traditionally Underserved - refers to groups such as seniors, persons with disabilities, low-income
households, minorities, and student populations, which may face difficulties accessing
transportation systems, employment, services, and other amenities.
1.53
Transit and Rail Advisory Committee (TRAC) - an advisory committee created specifically to
advise the Executive Director, the Commission, and the Division of Transit and Rail on transit and
rail-related activities.
1.54
Transportation Commonality - the basis on which TPRs are established including, but not limited
to: Transportation Commission Districts, the Department's Engineering Regions, Travelsheds,
Watersheds, geographic unity, existing Intergovernmental Agreements, and socioeconomic unity.
1.55
Transportation Improvement Program (TIP) - a staged, Fiscally Constrained, multi-year,
Multimodal program of transportation projects developed and adopted by MPOs, and approved
by the Governor, which is consistent with an MPO’s RTP and which is developed pursuant to 23
U.S.C. § 134
ions, Travelsheds,
Watersheds, geographic unity, existing Intergovernmental Agreements, and socioeconomic unity.
1.55
Transportation Improvement Program (TIP) - a staged, Fiscally Constrained, multi-year,
Multimodal program of transportation projects developed and adopted by MPOs, and approved
by the Governor, which is consistent with an MPO’s RTP and which is developed pursuant to 23
U.S.C. § 134.
1.56
Transportation Mode - a particular form of travel including, but not limited to, bus, motor vehicle,
rail, transit, aircraft, bicycle, pedestrian travel, or personal mobility devices.
1.57
Transportation Planning and Programming Process - all collaborative planning-related activities
including the development of regional and Statewide Transportation Plans, the Department's
Project Priority Programming Process, and development of the TIPs and STIP.
1.58
Transportation Planning Region (TPR) - a geographically designated area of the state, defined by
section 2.00 of these Rules in consideration of the criteria for Transportation Commonality, and
for which a regional transportation plan is developed pursuant to the provisions of § 43-1-1102
and 1103, C.R.S. and 23 U.S.C. § 134. The term TPR is inclusive of these types: non-MPO
TPRs, MPO TPRs, and TPRs with both MPO and non-MPO areas.
1.59
Transportation Systems Planning - provides the basis for identifying current and future
deficiencies on the state highway system and outlines strategies to address those deficiencies
and make improvements to meet Department goals.
1.60
Travelshed - the region or area generally served by a major transportation facility, system, or
Corridor.
1.61
Tribal Transportation Improvement Program (TTIP) - a multi-year Fiscally Constrained list of
proposed transportation projects developed by a tribe from the tribal priority list or tribal long-
range transportation plan, and which is developed pursuant to 25 C.F.R. Part 170. The TTIP is
incorporated into the STIP without modification
ved by a major transportation facility, system, or
Corridor.
1.61
Tribal Transportation Improvement Program (TTIP) - a multi-year Fiscally Constrained list of
proposed transportation projects developed by a tribe from the tribal priority list or tribal long-
range transportation plan, and which is developed pursuant to 25 C.F.R. Part 170. The TTIP is
incorporated into the STIP without modification.
1.62
Urbanized Area - an area with a population of 50,000 or more designated by the Bureau of the
Census.
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1.63
Vehicle Miles Traveled (VMT) - the traffic volume of a roadway segment or system of roadway
segments multiplied by the length of the roadway segment or system.
1.64
Watershed - a land area that drains to a common waterway, such as a stream, lake, estuary,
wetland, or ultimately the ocean.
1.65
10-Year Plan - a vision for Colorado's transportation system that includes a specific list of projects
categorized across priority areas as identified in the Statewide Transportation Plan.
2.00
Transportation Planning Regions (TPR).
2.01
Transportation Planning Region Boundaries. TPRs are geographically designated areas of the
state with similar transportation needs that are determined by considering transportation
commonalities. Boundaries are hereby established as follows:
2.01.1 The Pikes Peak Area TPR comprises the Pikes Peak Area Council of Governments'
metropolitan area within El Paso and Teller counties.
2.01.2 The Greater Denver TPR, which includes the Denver Regional Council of Governments’
planning area, comprises the counties of Adams, Arapahoe, Boulder, Broomfield, Clear
Creek, Denver, Douglas, Gilpin, Jefferson, and parts of Weld.
2.01.3 The North Front Range TPR comprises the North Front Range Transportation and Air
Quality Planning Council's metropolitan area within Larimer and Weld counties.
2.01.4 The Pueblo Area TPR comprises Pueblo County, including the Pueblo Area Council of
Governments' metropolitan area
ties of Adams, Arapahoe, Boulder, Broomfield, Clear
Creek, Denver, Douglas, Gilpin, Jefferson, and parts of Weld.
2.01.3 The North Front Range TPR comprises the North Front Range Transportation and Air
Quality Planning Council's metropolitan area within Larimer and Weld counties.
2.01.4 The Pueblo Area TPR comprises Pueblo County, including the Pueblo Area Council of
Governments' metropolitan area.
2.01.5 The Grand Valley TPR comprises Mesa County, including the Grand Valley Metropolitan
Planning Organization's metropolitan area.
2.01.6 The Eastern TPR comprises Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Phillips,
Sedgwick, Washington, and Yuma counties.
2.01.7 The Southeast TPR comprises Baca, Bent, Crowley, Kiowa, Otero, and Prowers
counties.
2.01.8 The San Luis Valley TPR comprises Alamosa, Chaffee, Conejos, Costilla, Mineral, Rio
Grande, and Saguache counties.
2.01.9 The Gunnison Valley TPR comprises Delta, Gunnison, Hinsdale, Montrose, Ouray, and
San Miguel counties.
2.01.10 The Southwest TPR comprises Archuleta, Dolores, La Plata, Montezuma, and San Juan
counties, including the Ute Mountain Ute and Southern Ute Indian Reservations.
2.01.11 The Intermountain TPR comprises Eagle, Garfield, Lake, Pitkin, and Summit counties.
2.01.12 The Northwest TPR comprises Grand, Jackson, Moffat, Rio Blanco, and Routt counties.
2.01.13 The Upper Front Range TPR comprises Morgan County, and the parts of Larimer and
Weld counties, that are outside both the North Front Range and the Greater Denver
(metropolitan) TPRs.
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le, Garfield, Lake, Pitkin, and Summit counties.
2.01.12 The Northwest TPR comprises Grand, Jackson, Moffat, Rio Blanco, and Routt counties.
2.01.13 The Upper Front Range TPR comprises Morgan County, and the parts of Larimer and
Weld counties, that are outside both the North Front Range and the Greater Denver
(metropolitan) TPRs.
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2.01.14 The Central Front Range TPR comprises Custer, El Paso, Fremont, Park, and Teller
counties, excluding the Pikes Peak Area Council of Governments' metropolitan area.
2.01.15 The South Central TPR comprises Huerfano, and Las Animas Counties.
2.02
Boundary Revision Process.
2.02.1 TPR boundaries, excluding any MPO-related boundaries, will be reviewed by the
Commission at the beginning of each regional and statewide transportation planning
process. The Department will notify counties, municipalities, MPOs, Indian tribal
governments, and RPCs for the TPRs of the boundary review revision requests. MPO
boundary review shall be conducted pursuant to 23 U.S.C. § 134 and 23 C.F.R. Part 450
Subpart B and any changes shall be provided to the Department to update the Rules. All
boundary revision requests shall be sent to the Division Director, and shall include:
2.02.1.1
A geographical description of the proposed boundary change.
2.02.1.2
A statement of justification for the change considering transportation
commonalities.
2.02.1.3
A copy of the resolution stating the concurrence of the affected RPC.
2.02.1.4
The name, title, mailing address, telephone number, fax number and
electronic mail address (if available) of the contact person for the requesting
party or parties.
2.02.2 The Department will assess and STAC shall review and comment (as set forth in these
Rules) on all Non-Metropolitan Area TPR boundary revision requests based on
transportation commonalities and make a recommendation to the Commission
concerning such requests. The Department will notify the Commission of MPO boundary
changes
vailable) of the contact person for the requesting
party or parties.
2.02.2 The Department will assess and STAC shall review and comment (as set forth in these
Rules) on all Non-Metropolitan Area TPR boundary revision requests based on
transportation commonalities and make a recommendation to the Commission
concerning such requests. The Department will notify the Commission of MPO boundary
changes. The Commission may initiate a rule-making proceeding under the Colorado
Administrative Procedure Act, § 24-4-103, C.R.S. to consider a boundary revision
request. Requests received for a MPO or non-metropolitan TPR boundary revision
outside of the regularly scheduled boundary review cycle must include the requirements
identified above.
2.02.3 In the event that the Commission approves a change to the boundary of a TPR that has a
RPC, the RPC in each affected TPR shall notify the Department of any changes to the
Intergovernmental Agreement governing the RPC as specified in these Rules.
2.03
Transportation Planning Coordination with MPOs.
2.03.1 The Department and the MPOs shall coordinate activities related to the development of
RTPs, the Statewide Transportation Plan, TIPs, and the STIP in conformance with 23
U.S.C. § 134 and 135 and § 43-1-1101 and § 43-1-1103, C.R.S. The Department shall
work with the MPOs to resolve issues arising during the planning process.
2.04
Transportation Planning Coordination with Non-MPO RPCs.
2.04.1 The Department and RPCs shall work together in developing RTPs and in planning future
transportation activities. The Department shall consult with all RPCs on development of
the Statewide Transportation Plan; incorporation of RTPs into the Statewide
Transportation Plan; and the inclusion of projects into the STIP that are consistent with
the RTPs. In addition, the Department shall work with the RPCs to resolve issues arising
during the planning process.
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t shall consult with all RPCs on development of
the Statewide Transportation Plan; incorporation of RTPs into the Statewide
Transportation Plan; and the inclusion of projects into the STIP that are consistent with
the RTPs. In addition, the Department shall work with the RPCs to resolve issues arising
during the planning process.
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2.05
Transportation Planning Coordination among RPCs.
2.05.1 If transportation improvements cross TPR boundaries or significantly impact another
TPR, the RPC shall consult with all the affected RPCs involved when developing the
RTP. In general, RPC planning officials shall work with all Planning Partners affected by
transportation activities when planning future transportation activities.
2.06
Transportation Planning Coordination with the Southern Ute and the Ute Mountain Ute Tribal
Governments.
2.06.1 Regional transportation planning within the Southwest TPR shall be coordinated with the
transportation planning activities of the Southern Ute and the Ute Mountain Ute tribal
governments. The long-range transportation plans for the tribal areas shall be integrated
in the Statewide Transportation Plan and the RTP for this TPR. The TTIP is incorporated
into the STIP without modification.
2.07
Expectations for consistency and transparency of RPC governing documents. To ensure
consistency and transparency among TPRs that conduct transportation planning and develop
RTPs under Rule 4.00, the governing documents of RPCs must include the following information.
2.07.1 The name of the organization, and the membership, including transit membership
consistent with and required under 43-1-1103.
2.07.2 The duties of the organization, and the ability to spend and receive funds, sue and be
sued, and enter into contracts.
2.07.3 The ability to terminate and amend its governing documents.
2.07.4 An overview of general meeting cadence and locations
ng information.
2.07.1 The name of the organization, and the membership, including transit membership
consistent with and required under 43-1-1103.
2.07.2 The duties of the organization, and the ability to spend and receive funds, sue and be
sued, and enter into contracts.
2.07.3 The ability to terminate and amend its governing documents.
2.07.4 An overview of general meeting cadence and locations.
2.07.5 A list of officers, process for the elections of officers, and the length of term of officers.
2.07.6 What shall constitute a quorum and what the voting structure shall be.
2.07.7 An assurance that meetings are open to the public and must be publicly noticed.
2.07.8 An assurance that agendas and meeting minutes are available and accessible to the
public.
2.07.9 An assurance that regularly scheduled meetings shall allow time for public comment on
the agenda.
2.07.10 The process for identifying how the TPR’s STAC representative is chosen.
2.07.11 A statement on how the TPR arranges for administrative support for its activities and
responsibilities.
2.07.12 The inclusion of a Conflict of Interest Statement.
2.07.13 An assurance that TPR information can be found on the internet.
2.08
TPRs that have governmental jurisdictions that are represented within multiple TPRs are
encouraged to work together to ensure no political jurisdiction represents more than one TPR on
STAC.
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ies.
2.07.12 The inclusion of a Conflict of Interest Statement.
2.07.13 An assurance that TPR information can be found on the internet.
2.08
TPRs that have governmental jurisdictions that are represented within multiple TPRs are
encouraged to work together to ensure no political jurisdiction represents more than one TPR on
STAC.
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3.00
Statewide Transportation Advisory Committee (STAC).
3.01
Duties of the STAC. Pursuant to § 43-1-1104 C.R.S. the duties of the STAC shall be to meet as
necessary and provide advice to both the Department and the Commission on the needs of the
transportation system in Colorado including, but not limited to: budgets, TIPs of the MPOs, the
STIP, transportation plans, and state transportation policies.
The STAC shall review and provide to both the Department and the Commission comments on:
3.01.1 All RTPs, amendments, and updates as described in these Rules.
3.01.2 Transportation related communication and/or conflicts which arise between RPCs or
between the Department and a RPC.
3.01.3 The integration and consolidation of RTPs into the Statewide Transportation Plan.
3.01.4 Colorado's Mobility requirements to move people, goods, services, and information by
furnishing regional perspectives on transportation problems requiring interregional and/or
statewide solutions.
3.01.5 Improvements to modal choice, linkages between and among modes, and transportation
system balance and System Continuity.
3.01.6 Proposed TPR boundary revisions.
3.02
Notification of Membership
3.02.1 Each RPC and tribal government shall select its representative to the STAC pursuant to §
43-1-1104(1), C.R.S. The Ute Mountain Ute Tribal Council and the Southern Ute Indian
Tribal Council each appoint one representative to the STAC
nkages between and among modes, and transportation
system balance and System Continuity.
3.01.6 Proposed TPR boundary revisions.
3.02
Notification of Membership
3.02.1 Each RPC and tribal government shall select its representative to the STAC pursuant to §
43-1-1104(1), C.R.S. The Ute Mountain Ute Tribal Council and the Southern Ute Indian
Tribal Council each appoint one representative to the STAC. Each TPR and tribal
government is also entitled to name an alternative representative who would serve as a
proxy in the event their designated representative is unable to attend a STAC meeting
and would be included by the Department in distributions of all STAC correspondence
and notifications. The Division Director shall be notified in writing of the name, title,
mailing address, telephone number, and electronic mail address (if available) of the
STAC representative and alternative representative from each TPR and tribal
government within thirty (30) days of selection.
3.02.2 The chairperson of the Transit and Rail Advisory Committee (TRAC) shall be a non-
voting member of STAC and is entitled to name an alternative representative in the event
the chairperson is unable to attend a STAC meeting and both individuals shall be
included by the Department in distributions of all STAC correspondence and notifications.
The Division Director shall be notified in writing of the name, title, mailing address,
telephone number, and electronic mail address of the STAC representative and
alternative representative within thirty (30) days of selection.
3.03
Administration of STAC
3.03.1 STAC recommendations on Regional and Statewide Transportation Plans, amendments,
and updates shall be documented in the STAC meeting minutes, and will be considered
by the Department and Commission throughout the statewide transportation planning
process.
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ve within thirty (30) days of selection.
3.03
Administration of STAC
3.03.1 STAC recommendations on Regional and Statewide Transportation Plans, amendments,
and updates shall be documented in the STAC meeting minutes, and will be considered
by the Department and Commission throughout the statewide transportation planning
process.
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3.03.2 The STAC shall establish procedures to govern its affairs in the performance of its
advisory capacity, including, but not limited to, the appointment of a chairperson and the
length of the chairperson's term, meeting times, and locations.
3.03.2.1
In establishing procedures for the appointment of a chairperson and vice
chairperson, STAC shall include a provision for term limits for each office so that
no individual may serve in either position for more than two consecutive two-year
terms.
3.03.2.2
To ensure the STAC’s leadership represents both rural and urban
Colorado, STAC is encouraged to require that when the chairperson is chosen
from a rural TPR or tribe, the vice chairperson shall be chosen from an urban
MPO area, and each position shall rotate so that no consecutive chairpersons or
vice chairpersons come from either a rural TPR or tribe, or urban MPO area
consecutively.
3.03.3 The Division Director will provide support to the STAC, including, but not limited to:
3.03.3.1
Notification of STAC members and alternates of meeting dates.
3.03.3.2
Preparation and distribution of STAC meeting agendas, supporting
materials, and minutes.
3.03.3.3
Allocation of Department staff support for STAC-related activities.
4.00
Development of Regional and Statewide Transportation Plans.
4.01
RPCs, MPOs, and the Department shall comply with all applicable provisions of 23 U.S.C. § 134
and § 135, 23 C.F.R. Part 450, and § 43-1-1103, C.R.S. and all applicable provisions of
Commission policies and guidance documents in development of regional and statewide
transportation plans, respectively
for STAC-related activities.
4.00
Development of Regional and Statewide Transportation Plans.
4.01
RPCs, MPOs, and the Department shall comply with all applicable provisions of 23 U.S.C. § 134
and § 135, 23 C.F.R. Part 450, and § 43-1-1103, C.R.S. and all applicable provisions of
Commission policies and guidance documents in development of regional and statewide
transportation plans, respectively.
4.02
Public Participation
4.02.1 The Department, in coordination with the RPCs of the rural TPRs, shall provide early and
continuous opportunity for public participation in the transportation planning process. The
process shall be proactive and provide timely information, adequate public notice,
reasonable public access, and opportunities for public review and comment at key
decision points in the process. The objectives of public participation in the transportation
planning process include: providing a mechanism for public perspectives, needs, and
ideas to be considered in the planning process; developing the public’s understanding of
the problems and opportunities facing the transportation system; demonstrating explicit
consideration and response to public input through a variety of tools and techniques; and
developing consensus on plans. The Department shall develop a documented public
participation process pursuant to 23 C.F.R. Part 450.
4.02.2 Statewide Plans and Programs. Pursuant to 23 C.F.R. Part 450 Subpart B, the
Department is responsible, in cooperation with the RPCs and MPOs, for carrying out
public participation for developing, amending, and updating the Statewide Transportation
Plan, the STIP, and other statewide transportation planning activities.
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4.02.2 Statewide Plans and Programs. Pursuant to 23 C.F.R. Part 450 Subpart B, the
Department is responsible, in cooperation with the RPCs and MPOs, for carrying out
public participation for developing, amending, and updating the Statewide Transportation
Plan, the STIP, and other statewide transportation planning activities.
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4.02.3 MPO Plans and Programs. Pursuant to 23 C.F.R. Part 450 Subpart C, the MPOs are
responsible for carrying out public participation for the development of RTPs, TIPs and
other related regional transportation planning activities for their respective Metropolitan
Planning Areas. Public participation activities carried out in a metropolitan area in
response to metropolitan planning requirements shall by agreement of the Department
and the MPO, satisfy the requirements of this subsection.
4.02.4 Non-MPO TPR Plans and Programs. RPCs for non-MPO TPRs are responsible for public
participation related to regional planning activities in that TPR, in cooperation with the
Department. Specific areas of cooperation shall be determined by agreement between
the RPC and the Department.
4.02.5 Public Participation Activities. Public participation activities at both the rural TPR and
statewide level shall include, at a minimum:
4.02.5.1
Establishing and maintaining for the geographic area of responsibility a
list of all known parties interested in transportation planning including, but not
limited to: elected officials; municipal and county planning staffs; affected public
agencies; local, state, and federal agencies eligible for federal and state
transportation funds; local representatives of public transportation agency
employees and users; freight shippers and providers of freight transportation
services; public and private transportation providers; representatives of users of
transit, bicycling and pedestrian, aviation, and train facilities; private industry;
environmental and other interest groups; Indian tribal governments a
and state
transportation funds; local representatives of public transportation agency
employees and users; freight shippers and providers of freight transportation
services; public and private transportation providers; representatives of users of
transit, bicycling and pedestrian, aviation, and train facilities; private industry;
environmental and other interest groups; Indian tribal governments and the U.S.
Secretary of the Interior when tribal lands are involved; and representatives of
persons or groups that may be underserved by existing transportation systems,
such as minority, low-income, seniors, persons with disabilities, and those with
Limited English Proficiency; and members of the general public expressing such
interest in the transportation planning process.
4.02.5.2
Providing reasonable notice and opportunity to comment through mailing
lists and other various communication methods on upcoming transportation
planning-related activities and meetings. Reasonable notice for
Disproportionately Impacted Communities requires the notice be translated in the
primary languages spoken in the community.
4.02.5.3
Utilizing reasonably available internet or traditional media opportunities,
including minority and diverse media, to provide timely notices of planning-
related activities and meetings to members of the public, including Limited
English Proficiency individuals, and others who may require reasonable
accommodations. Methods that will be used to the maximum extent practicable
for public participation could include, but not be limited to, use of the internet;
social media, news media, such as newspapers, radio, or television, mailings and
notices, including electronic mail and online newsletters
the public, including Limited
English Proficiency individuals, and others who may require reasonable
accommodations. Methods that will be used to the maximum extent practicable
for public participation could include, but not be limited to, use of the internet;
social media, news media, such as newspapers, radio, or television, mailings and
notices, including electronic mail and online newsletters.
4.02.5.4
Seeking out those persons groups and communities Disproportionately
Impacted or Traditionally Underserved by existing transportation systems
including, but not limited to, seniors, persons with disabilities, minority groups,
low-income, and those with Limited English Proficiency, for the purposes of
exchanging information, increasing their involvement, and considering their
transportation needs in the transportation planning process. Pursuant to § 43-1-
601, C.R.S., the Department shall prepare a statewide survey identifying the
transportation needs of seniors and of persons with disabilities.
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4.02.5.5
Consulting, as appropriate, with RPCs, and federal, state, local, and
tribal agencies responsible for land use management, natural resources,
environmental protection, conservation, cultural resources, and historic
preservation concerning the development of long-range transportation plans.
4.02.5.6
Providing reasonable public access to, and appropriate opportunities for
public review and comment on criteria, standards, and other planning-related
information. Reasonable public access includes, but is not limited to, Limited
English Proficiency services and access to ADA-compliant facilities, as well as to
the internet.
4.02.5.7
Where feasible, scheduling the development of regional and statewide
plans so that the release of the draft plans may be coordinated to provide for the
opportunity for joint public outreach.
4.02.5.8
Documentation of Responses to Significant Issues
cess includes, but is not limited to, Limited
English Proficiency services and access to ADA-compliant facilities, as well as to
the internet.
4.02.5.7
Where feasible, scheduling the development of regional and statewide
plans so that the release of the draft plans may be coordinated to provide for the
opportunity for joint public outreach.
4.02.5.8
Documentation of Responses to Significant Issues. RPCs and the
Department shall respond in writing to all significant issues raised during the
review and comment period on transportation plans, and make these responses
available to the public.
4.02.5.9
Review of the Public Involvement Process. All interested parties and the
Department shall periodically review the effectiveness of the Department’s public
involvement process to ensure that the process provides full and open access to
all members of the public. When necessary, the process will be revised and allow
time for public review and comment per 23 C.F.R. Part 450.
4.03
Transportation Systems Planning. RPCs, and the Department, shall use an integrated Multimodal
Transportation Systems Planning approach in developing and updating the long-range RTPs and
the long-range Statewide Transportation Plan for a minimum 20-year forecasting period. RPCs
shall have flexibility in the methods selected for Transportation Systems Planning based on the
complexity of transportation problems and available resources within the TPR. The Department
will provide guidance and assistance to the RPCs regarding the selection of appropriate methods.
4.03.1 Transportation Systems Planning by RPCs and the Department shall consider the results
of any related studies that have been completed. RPCs and the Department may also
identify any Corridor(s) or sub-area(s) where an environmental study or assessment may
need to be performed in the future
rtment
will provide guidance and assistance to the RPCs regarding the selection of appropriate methods.
4.03.1 Transportation Systems Planning by RPCs and the Department shall consider the results
of any related studies that have been completed. RPCs and the Department may also
identify any Corridor(s) or sub-area(s) where an environmental study or assessment may
need to be performed in the future.
4.03.2 Transportation Systems Planning by RPCs shall consider needs and desired state of the
transportation system including existing and future land use and infrastructure, major
activity centers such as industrial, commercial and recreation areas, economic
development, environmental protection, and modal choices.
4.03.3 Transportation Systems Planning by RPCs shall include operational and management
strategies to improve the performance of existing transportation facilities to relieve
vehicular congestion and maximize the safety and Mobility of people goods, and
services.
4.03.4 Transportation Systems Planning by the Department should include capital, operations,
maintenance and management strategies, investments, procedures, and other measures
to ensure the preservation and most efficient and effective use of the State
Transportation System.
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4.03.5 Transportation Systems Planning by the Department shall consider and integrate all
modes into the Statewide Transportation Plan and include coordination with Department
modal plans and modal committees, such as the TRAC.
4.03.6 Transportation Systems Planning by the Department shall provide for the establishment
and use of a performance-based approach to transportation decision-making to support
the national goals described in 23 U.S.C. § 150 (FAST Act, P.L. 114-94). Performance
targets that the Department establishes to address the performance measures described
in 23 U.S.C. § 150, where applicable, are to be used to track progress towards
attainment of critical outcomes for the state
r the establishment
and use of a performance-based approach to transportation decision-making to support
the national goals described in 23 U.S.C. § 150 (FAST Act, P.L. 114-94). Performance
targets that the Department establishes to address the performance measures described
in 23 U.S.C. § 150, where applicable, are to be used to track progress towards
attainment of critical outcomes for the state. The state shall consider the performance
measures and targets when developing policies, programs, and investment priorities
reflected in the Statewide Transportation Plan and STIP.
4.04
Regional Transportation Plans (RTP). Long-range RTPs shall be developed, in accordance with
federal (23 U.S.C. § 134 and § 135) and state (§ 43-1-1103 and § 43-1-1104, C.R.S.) law and
implementing regulations. Department selection of performance targets that address the
performance measures shall be coordinated with the relevant MPOs to ensure consistency, to the
maximum extent practicable.
4.04.1 Content of RTPs. Each RTP shall include, at a minimum, the following elements:
4.04.1.1
Transportation system facility and service requirements within the MPO
TPR over a minimum 20-year planning period necessary to meet expected
demand, and the anticipated capital, maintenance and operating cost for these
facilities and services.
4.04.1.2
State and federal transportation system planning factors to be
considered by RPCs and the Department during their respective Transportation
Systems Planning shall include, at a minimum, the factors described in § 43-1-
1103 (5), C.R.S., and in 23 U.S.C. § 134 and § 135.
4.04.1.3
Identification and discussion of potential environmental mitigation
measures, Corridor studies, or Corridor Visions, including a discussion of impacts
to minority and low-income communities
ered by RPCs and the Department during their respective Transportation
Systems Planning shall include, at a minimum, the factors described in § 43-1-
1103 (5), C.R.S., and in 23 U.S.C. § 134 and § 135.
4.04.1.3
Identification and discussion of potential environmental mitigation
measures, Corridor studies, or Corridor Visions, including a discussion of impacts
to minority and low-income communities.
4.04.1.4
A discussion of potential environmental mitigation activities and potential
areas to carry out these activities, including activities that may have the greatest
potential to restore and maintain the environmental functions affected by the
plan.
4.04.1.5
For rural RTPs, the integrated performance-based Multimodal
transportation plan based on revenues reasonably expected to be available over
the minimum 20-year planning period. For metropolitan RTPs, a Fiscally
Constrained financial plan.
4.04.1.6
Identification of reasonably expected financial resources developed
cooperatively among the Department, MPOs, and rural TPRs for Long-Range
Planning purposes, and results expected to be achieved based on regional
priorities.
4.04.1.7
Documentation of the public notification and public participation process
pursuant to these Rules.
4.04.1.8
A resolution of adoption by the responsible MPO or the RPC.
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4.04.2 Products and reviews
4.04.2.1
Draft Plan. TPRs shall provide a draft of the RTP to the Department
through the Division.
4.04.2.2
Draft Plan Review. Upon receipt of the draft RTPs, the Department will
initiate its review and schedule the STAC review (pursuant to these Rules). The
Department will provide its comments and STAC comments to the TPR within a
minimum of 30 days of receiving the draft RTP. RTPs in metropolitan areas
completed pursuant to the schedule identified in 23 C.F.R
Department
through the Division.
4.04.2.2
Draft Plan Review. Upon receipt of the draft RTPs, the Department will
initiate its review and schedule the STAC review (pursuant to these Rules). The
Department will provide its comments and STAC comments to the TPR within a
minimum of 30 days of receiving the draft RTP. RTPs in metropolitan areas
completed pursuant to the schedule identified in 23 C.F.R. § 450.322 shall be
subject to the provisions of this section prior to being submitted to the
Department for consideration as an amendment to the Statewide Transportation
Plan.
4.04.2.3
Final Plan. TPRs shall provide the final RTP to the Department through
the Division.
4.04.2.4
Final Plan Review. Upon receipt of the final RTP, the Department will
initiate its review and schedule the STAC review (pursuant to these Rules) of the
final RTPs to determine if the plans incorporate the elements required by the
Rules. If the Department determines that a final RTP is not complete, including if
the final RTP does not incorporate the elements required by these Rules, then
the Department will not integrate that RTP into the statewide plan until the TPR
has sufficiently revised that RTP, as determined by the Department with advice
from the STAC. The Department will provide its comments and STAC comments
to the TPR within a minimum of 30 days of receiving the final RTP. TPRs shall
submit any RTP revisions based on comments from the Department and STAC
review within 30 days of the Department’s provision of such comments. RTPs in
metropolitan areas completed pursuant to the schedule identified in 23 C.F.R. §
450.322 shall be subject to the provisions of this section prior to being submitted
to the Department for consideration as an amendment to the Statewide
Transportation Plan.
4.05
Maintenance and Nonattainment Areas. Each RTP, or RTP amendment, shall include a section
that:
4.05.1 Identifies any area within the TPR that is designated as a Maintenance or Nonattainment
Area
identified in 23 C.F.R. §
450.322 shall be subject to the provisions of this section prior to being submitted
to the Department for consideration as an amendment to the Statewide
Transportation Plan.
4.05
Maintenance and Nonattainment Areas. Each RTP, or RTP amendment, shall include a section
that:
4.05.1 Identifies any area within the TPR that is designated as a Maintenance or Nonattainment
Area.
4.05.2 Addresses, in either a qualitative or quantitative manner, whether transportation related
emissions associated with the pollutant of concern in the TPR are expected to increase
over the Long-Range Planning period and, if so, what effect that increase might have in
causing a Maintenance Area for a NAAQS pollutant to become a Nonattainment Area, or
a Nonattatinment Area to exceed its emission budget in the approved State
Implementation Plan.
4.05.3 If transportation related emissions associated with the pollutant are expected to increase
over the Long-Range Planning period, identifies which programs or measures are
included in the RTP to decrease the likelihood of that area becoming a Nonattainment
Area for the pollutant of concern.
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4.06
Statewide Transportation Plan. The RTPs submitted by the RPCs shall, along with direction
provided through Commission policies and guidance, form the basis for developing and amending
the Statewide Transportation Plan. The Statewide Transportation Plan shall cover a minimum 20-
year planning period at the time of adoption and shall guide the development and implementation
of a performance-based Multimodal transportation system for the State.
4.06.1 The Statewide Transportation Plan shall:
4.06.1.1
Integrate and consolidate the RTPs and the Department’s systems
planning, pursuant to these Rules, into a long-range 20-year Multimodal
transportation plan that presents a clear, concise path for future transportation in
Colorado
l guide the development and implementation
of a performance-based Multimodal transportation system for the State.
4.06.1 The Statewide Transportation Plan shall:
4.06.1.1
Integrate and consolidate the RTPs and the Department’s systems
planning, pursuant to these Rules, into a long-range 20-year Multimodal
transportation plan that presents a clear, concise path for future transportation in
Colorado.
4.06.1.2
Include the long-term transportation concerns of the Southern Ute Indian
Tribe and the Ute Mountain Ute Tribe in the development of the Statewide
Transportation Plan.
4.06.1.3
Coordinate with other state and federal agencies responsible for land
use management, natural resources, environmental protection, conservation, and
historic preservation.
4.06.1.4
Include a discussion of potential environmental mitigation activities and
potential areas to carry out these activities that may have the greatest potential to
restore and maintain the environmental functions affected by the plan developed
in consultation with federal, state, and tribal wildlife, land management and
regulatory agencies.
4.06.1.5
Include a comparison of transportation plans to state and tribal
conservation plans or maps and to inventories of natural or historical resources.
4.06.1.6
Provide for overall Multimodal transportation system management on a
statewide basis.
4.06.1.7
The Statewide Transportation Plan shall be coordinated with
metropolitan transportation plans pursuant to 23 C.F.R. Part 450, § 43-1-1103
and § 43-1-1105, C.R.S. Department selection of performance targets shall be
coordinated with the MPOs to ensure consistency, to the maximum extent
practicable.
4.06.1.8
Include an analysis of how the Statewide Transportation Plan is aligned
with Colorado’s climate goals and helps reduce, prevent, and mitigate GHG and
other air pollutants throughout the State.
4.06.1.9
Include an analysis of impacts on Disproportionately Impacted
Communities.
4.06.1.10
Include the 10-Year Plan as an appendix
e MPOs to ensure consistency, to the maximum extent
practicable.
4.06.1.8
Include an analysis of how the Statewide Transportation Plan is aligned
with Colorado’s climate goals and helps reduce, prevent, and mitigate GHG and
other air pollutants throughout the State.
4.06.1.9
Include an analysis of impacts on Disproportionately Impacted
Communities.
4.06.1.10
Include the 10-Year Plan as an appendix.
4.06.2 Content of the Statewide Transportation Plan. At a minimum, the Statewide
Transportation Plan shall include priorities as identified in the RTPs, as identified in these
Rules and pursuant to federal planning laws and regulations. The Statewide
Transportation Plan shall be submitted to the Commission for its consideration and
approval.
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4.06.3 Review and Adoption of the Statewide Transportation Plan.
4.06.3.1
The Department will submit a draft Statewide Transportation Plan to the
Commission, the STAC, and all interested parties for review and comment. The
review and comment period will be conducted for a minimum of 30 days. The
Statewide Transportation Plan and appendices will be available in physical form
upon request, and made available on the internet.
4.06.3.2
The Department will submit the final Statewide Transportation Plan to the
Commission for adoption.
5.00
Updates to Regional and Statewide Transportation Plans.
5.01
Plan Update Process. The updates of RTPs and the Statewide Transportation Plan shall be
completed on a periodic basis through the same process governing development of these plans
pursuant to these Rules. The update cycle shall comply with federal and state law and be
determined in consultation with the Commission, the Department, the STAC and the MPOs so
that the respective update cycles will coincide.
5.02
Notice by Department of Plan Update Cycle. The Department will notify RPCs and the MPOs of
the initiation of each plan update cycle, and the schedule for completion
ans
pursuant to these Rules. The update cycle shall comply with federal and state law and be
determined in consultation with the Commission, the Department, the STAC and the MPOs so
that the respective update cycles will coincide.
5.02
Notice by Department of Plan Update Cycle. The Department will notify RPCs and the MPOs of
the initiation of each plan update cycle, and the schedule for completion.
6.00
Amendments to the Regional and Statewide Transportation Plans.
6.01
Amendment Process
6.01.1 The process to consider amendments to RTPs shall be carried out by rural RPCs and the
MPOs. The amendment review process for RTPs shall include an evaluation, review, and
approval by the respective RPC or MPO.
6.01.2 The process to consider amendments to the Statewide Transportation Plan shall be
carried out by the Department, either in considering a proposed amendment to the
Statewide Transportation Plan from a requesting RPC or MPO or on its own initiative.
6.01.3 The process to consider amendments to the 10-Year Plan shall be carried out by CDOT
in coordination with the rural RPCs and the MPOs.
7.00
Transportation Improvement Programs (TIPs) and Statewide Transportation Improvement
Program (STIP).
7.01
TIP development shall occur in accordance with 23 C.F.R. Part 450, Subpart C. The Department
will develop the STIP in accordance with 23 C.F.R. Part 450, Subpart B.
7.02
The Department will work with its Planning Partners to coordinate a schedule for development
and adoption of TIPs and the STIP.
7.03
A TIP for an MPO that is in a Nonattainment or Maintenance Area must first receive a conformity
determination by FHWA and FTA before inclusion in the STIP pursuant to 23 C.F.R. Part 450.
7.04
MPO TIPs and Colorado’s STIP must be Fiscally Constrained. Under 23 C.F.R. Part 450, each
project or project phase included in an MPO TIP shall be consistent with an approved
metropolitan RTP, and each project or project phase included in the STIP shall be consistent with
the long-range Statewide Transportation Plan
by FHWA and FTA before inclusion in the STIP pursuant to 23 C.F.R. Part 450.
7.04
MPO TIPs and Colorado’s STIP must be Fiscally Constrained. Under 23 C.F.R. Part 450, each
project or project phase included in an MPO TIP shall be consistent with an approved
metropolitan RTP, and each project or project phase included in the STIP shall be consistent with
the long-range Statewide Transportation Plan. MPO TIPs shall be included in the STIP either by
reference or without change upon approval by the MPOs and the Governor.
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8.00
GHG Emission Requirements
8.01
Establishment of Regional GHG Transportation Planning Reduction Levels
8.01.1 The GHG emission reduction levels within Table 1 apply to MPOs and the Non-MPO
area within the state of Colorado as of the effective date of these Rules.
8.01.2 Regional GHG Transportation Planning Reduction Levels
Table 1: GHG Transportation Planning Reduction Levels in MMT of CO2e
Regional
Areas
2025
Reduction
Level
(MMT)
2030
Reduction
Level
(MMT)
2040
Reduction
Level
(MMT)
2050
Reduction
Level
(MMT)
DRCOG
0.27
0.82
0.63
0.37
NFRMPO
0.04
0.12
0.11
0.07
PPACG
N/A
0.15
0.12
0.07
GVMPO
N/A
0.02
0.02
0.01
PACOG
N/A
0.03
0.02
0.01
CDOT/Non-MPO
0.12
0.36
0.30
0.17
TOTAL
0.43
1.5
1.2
0.7
8.02
Process for Determining Compliance
8.02.1 Emissions Analysis Requirements When Adopting or Amending an Applicable Planning
Document. Each MPO and CDOT shall conduct a GHG emissions analysis using MPO
Models or the Statewide Travel Model, and the MOVES Model, to estimate total CO2e
emissions. Such analysis shall include, at a minimum the existing transportation network
and future completed Regionally Significant Projects contained in the Applicable Planning
Document. The emissions analysis must estimate total CO2e emissions in million metric
tons (MMT) for each year in Table 1 as long as the year is not in the past and compare
these emissions to the Baseline
imate total CO2e
emissions. Such analysis shall include, at a minimum the existing transportation network
and future completed Regionally Significant Projects contained in the Applicable Planning
Document. The emissions analysis must estimate total CO2e emissions in million metric
tons (MMT) for each year in Table 1 as long as the year is not in the past and compare
these emissions to the Baseline. When adopting a TIP that is included in the definition of
an Applicable Planning Document, the required emissions analysis will apply to one year
corresponding with the last year of the TIP, using interpolation between Table 1 years if
the last year of the TIP does not correspond to a designated year in Table 1. This
provision shall not apply to MPO TIP amendments.
8.02.2 Agreements on Modeling Assumptions and Execution of Modeling Requirements. Each
MPO, prior to the adoption of the next RTP, shall enter into an Intergovernmental
Agreement with CDOT and CDPHE which outlines each agency’s responsibilities for
development and execution of MPO Models or the Statewide Travel Model, and MOVES
Model.
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8.02.2.1
MPOs and CDOT shall prepare and publish (on a publicly accessible
website) a calibration and validation report for their respective travel model. The
report shall document model components and key parameters and should
address how models account for induced travel demand associated with changes
to the transportation system.
8.02.3 The State Interagency Consultation Team shall meet as needed to address any
questions on the classification of projects as Regionally Significant, modeling
assumptions, and projects that reduce GHG emissions.
8.02.4 By May 1, 2022, CDOT in consultation with the MPOs shall establish an ongoing
administrative process and guidelines, through a public process, for selecting, measuring,
confirming, verifying, and reporting GHG Mitigation Measures
meet as needed to address any
questions on the classification of projects as Regionally Significant, modeling
assumptions, and projects that reduce GHG emissions.
8.02.4 By May 1, 2022, CDOT in consultation with the MPOs shall establish an ongoing
administrative process and guidelines, through a public process, for selecting, measuring,
confirming, verifying, and reporting GHG Mitigation Measures. CDOT and MPOs may
incorporate one or more GHG Mitigation Measures into their plans in order to assist in
meeting the Regional GHG Planning Reduction Levels in Table 1. Such a process and
guidelines shall include, but not be limited to, how CDOT and MPOs should determine
the relative benefits and impacts of GHG Mitigation Measures, and measure and
prioritize localized benefits to communities and Disproportionately Impacted Communities
in particular. The mitigation credit awarded to a specific solution shall consider both
regional and community benefits.
8.02.5 Timing for Determining Compliance
8.02.5.1
By October 1, 2022, CDOT shall update their 10-Year Plan and DRCOG
and NFRMPO shall update their RTPs and meet the reduction levels in Table 1
or MMOF will be restricted pursuant to § 43-4-1103, C.R.S. and the restrictions
set forth in Rule 8.02.6.4, as applicable, shall also apply.
8.02.5.2
CDOT must for each Applicable Planning Document adopted or
amended after October 1, 2022, meet either the reduction levels within Table 1
for Non-MPO areas or the requirements as set forth in Rule 8.02.6.4.1.
8.02.5.3
MPOs must for each Applicable Planning Document adopted or
amended after October 1, 2022, meet either the corresponding reduction levels
within Table 1, or the relevant MPO and CDOT each must meet the requirements
as set forth in Rule 8.02.6.4.2 or Rule 8.02.6.4.3, as applicable. This provision
shall not apply to MPO TIP Amendments.
8.02.6 Demonstrating Compliance
orth in Rule 8.02.6.4.1.
8.02.5.3
MPOs must for each Applicable Planning Document adopted or
amended after October 1, 2022, meet either the corresponding reduction levels
within Table 1, or the relevant MPO and CDOT each must meet the requirements
as set forth in Rule 8.02.6.4.2 or Rule 8.02.6.4.3, as applicable. This provision
shall not apply to MPO TIP Amendments.
8.02.6 Demonstrating Compliance. At least thirty (30) days prior to adoption or amendment of
any Applicable Planning Document except amendments to MPO TIPs, CDOT for Non-
MPO areas, and the MPOs for their areas shall provide to the Commission a GHG
Transportation Report containing the following information:
8.02.6.1
GHG emissions analysis and, if applicable, a GHG Mitigation Action Plan
demonstrating that the Applicable Planning Document is in compliance with the
GHG Reduction Levels in MMT of CO2e for each compliance year in Table 1 or
that the requirements in Rule 8.02.6.4 have been met.
8.02.6.2
Identification and documentation of the MPO Model or the Statewide
Travel Model and the MOVES Model used to determine GHG emissions in MMT
of CO2e.
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8.02.6.3
If GHG Mitigation Measures are needed to count toward the GHG
Reduction Levels in Table 1, the MPO or CDOT may submit a Mitigation Action
Plan that identifies GHG Mitigation Measures, if any, needed to meet the GHG
Reduction Levels within Table 1. The Mitigation Action Plan shall include:
8.02.6.3.1
The anticipated start and completion date of each measure.
8.02.6.3.2
An estimate, where feasible, of the annual GHG emissions
reductions in MMT of CO2e achieved per year by any GHG Mitigation
Measures.
8.02.6.3.3
Quantification of specific co-benefits where feasible including
reduction of co-pollutants (PM2.5, NOx, etc.) as well as travel impacts
(changes to VMT, pedestrian/bike use, transit ridership numbers, etc. as
applicable)
on date of each measure.
8.02.6.3.2
An estimate, where feasible, of the annual GHG emissions
reductions in MMT of CO2e achieved per year by any GHG Mitigation
Measures.
8.02.6.3.3
Quantification of specific co-benefits where feasible including
reduction of co-pollutants (PM2.5, NOx, etc.) as well as travel impacts
(changes to VMT, pedestrian/bike use, transit ridership numbers, etc. as
applicable).
8.02.6.3.4
Description of benefits to Disproportionately Impacted
Communities including an estimate of the total mitigation project spent in
or designed to serve Disproportionately Impacted Communities.
8.02.6.4
If an Applicable Planning Document does not meet the GHG Reduction
Levels as described in Rule 8.02.6.1, the GHG Transportation Report may be
deemed in compliance if certain funds are restricted as applicable in this section.
8.02.6.4.1
In Non-MPO areas the Department shall award 10-Year Plan
funds anticipated to be expended on Regionally Significant Projects on
projects or approved GHG Mitigation Measures that reduce GHG
emissions as necessary to achieve the GHG Reduction Levels in MMT of
CO2e for each compliance year in Table 1.
8.02.6.4.2
In MPO areas that are not in receipt of federal suballocations
pursuant to the CMAQ and/or STBG programs, the Department shall
award 10-Year Plan funds on projects or approved GHG Mitigation
Measures as necessary to achieve the GHG Reduction Levels in MMT of
CO2e for each compliance year in Table 1.
8.02.6.4.3
In MPO areas that are in receipt of federal suballocations
pursuant to the CMAQ and/or STBG programs, the MPO shall award
those funds anticipated to be expended on projects or approved GHG
Mitigation Measures that reduce GHG emissions, and the Department
shall award 10-Year Plan funds on projects or approved GHG Mitigation
Measures as necessary to achieve the GHG Reduction Levels in MMT of
CO2e for each compliance year in Table 1
of federal suballocations
pursuant to the CMAQ and/or STBG programs, the MPO shall award
those funds anticipated to be expended on projects or approved GHG
Mitigation Measures that reduce GHG emissions, and the Department
shall award 10-Year Plan funds on projects or approved GHG Mitigation
Measures as necessary to achieve the GHG Reduction Levels in MMT of
CO2e for each compliance year in Table 1.
8.02.6.4.4
The restrictions in Rule 8.02.6.4 do not apply to projects which
have been advertised for construction with funding identified prior to the
adoption of the Applicable Planning Document or are not contained in an
Applicable Planning Document.
8.02.6.4.5
The restrictions in 8.02.6.4 do not apply to funding sources
where adherence to those restrictions would violate federal or state
statutory requirements for those funding sources.
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8.02.7 Reporting on Compliance. Following the submission of a GHG Transportation Report
containing a Mitigation Action Plan, CDOT and MPOs must provide a status report for
each GHG Mitigation Measure identified to the Commission annually by April 1 on an
approved form. CDOT will provide support to MPOs when requested. The status report
will contain the following items:
8.02.7.1
The implementation timeline;
8.02.7.2
The current status;
8.02.7.3
For measures that are in progress or completed, quantification of the
benefit or impact of such measures; and
8.02.7.4
For measures that are delayed, cancelled, or substituted, an explanation
of why that decision was made and, if located in a Disproportionately Impacted
Community, how these measures or the equivalent could be achieved.
8.03
GHG Mitigation Measures. When assessing compliance with the GHG Reduction Levels, CDOT
and MPOs shall have the opportunity to utilize approved GHG Mitigation Measures as set forth in
Rules 8.02.4 and 8.02.6.3 to offset emissions and demonstrate progress toward compliance
as made and, if located in a Disproportionately Impacted
Community, how these measures or the equivalent could be achieved.
8.03
GHG Mitigation Measures. When assessing compliance with the GHG Reduction Levels, CDOT
and MPOs shall have the opportunity to utilize approved GHG Mitigation Measures as set forth in
Rules 8.02.4 and 8.02.6.3 to offset emissions and demonstrate progress toward compliance.
Illustrative examples of potential GHG Mitigation Measures include, but are not limited to:
8.03.1 The addition of transit resources in a manner that can displace VMT including in rural
areas and other parts of the state where the public may travel to a community for work
but live outside that area due to affordability of housing.
8.03.2 Improving pedestrian and bike access, particularly in areas that allow individuals to
reduce multiple daily trips and better access transit.
8.03.3 Certain proven traffic management strategies such as bus queue jumps, traffic signal
synchronization and preference, and roundabouts, in certain contexts while factoring in
induced demand and safety.
8.03.4 Encouraging local adoption of more effective forms of vertical development and zoning
plans that integrate mixed use in a way that links and rewards transportation project
investments with the city making these changes.
8.03.5 Improving first-and-final mile access to transit stops and stations that make transit
resources safer and more usable by consumers.
8.03.6 Improving the safety and efficiency of crosswalks and multi-use paths for pedestrians,
bicyclists, and other non-motorized vehicles, including to advance compliance with the
ADA.
8.03.7 Adopting or encouraging the adoption of locally driven changes to parking policies and
physical configuration that encourage more walking, bicycling, and transit trips
ces safer and more usable by consumers.
8.03.6 Improving the safety and efficiency of crosswalks and multi-use paths for pedestrians,
bicyclists, and other non-motorized vehicles, including to advance compliance with the
ADA.
8.03.7 Adopting or encouraging the adoption of locally driven changes to parking policies and
physical configuration that encourage more walking, bicycling, and transit trips.
8.03.8 Incorporating medium/heavy duty vehicle electric charging and hydrogen refueling
infrastructure -- as well as upgrading commensurate grid improvements -- into the design
of key freight routes to accelerate truck electrification.
8.03.9 Establishing policies for clean construction that result in scalable improvements as a
result of factors like lower emission materials, recycling of materials, and lower truck
emissions during construction.
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8.03.10 Implementing or encouraging the adoption of transportation demand management
practices that reduce VMT.
8.03.11 Encouraging local adoption or expansion of school bus programs or school carpool
programs to reduce private vehicle trips.
8.03.12 Electrifying loading docks to allow transportation refrigeration units and auxiliary power
units to be plugged into the electric grid at the loading dock instead of running on diesel.
8.04
Air Pollution Control Division (APCD) Confirmation and Verification
8.04.1 At least forty-five (45) days prior to adoption of any Applicable Planning Document,
CDOT for Non-MPO areas and the MPOs for their areas shall provide to APCD for review
and verification of the technical data contained in the draft GHG Transportation Report
required per Rule 8.02.6. If APCD has not provided written verification within thirty (30)
days, the document shall be considered acceptable. The APCD shall submit any written
verification to the agency adopting the Applicable Planning Document and to the
Commission
their areas shall provide to APCD for review
and verification of the technical data contained in the draft GHG Transportation Report
required per Rule 8.02.6. If APCD has not provided written verification within thirty (30)
days, the document shall be considered acceptable. The APCD shall submit any written
verification to the agency adopting the Applicable Planning Document and to the
Commission.
8.04.2 At least forty-five (45) days prior to adoption or amendment of policies per Rule 8.02.4,
CDOT shall provide APCD the opportunity to review and comment. If APCD has not
provided written comment within thirty (30) days, the document shall be considered
acceptable.
8.05
Compliance. The Commission, within thirty (30) days of receipt of a GHG Transportation Report
or at the next regularly scheduled Commission meeting, whichever is later, shall determine
whether the applicable GHG Reduction Levels in Table 1 have been met and the sufficiency of
any GHG Mitigation Measures needed for compliance.
8.05.1 If the Commission determines the requirements of Rule 8.02.6 have been met, the
Commission shall, by resolution, accept the GHG Transportation Report.
8.05.2 If the Commission determines, by resolution, the requirements of Rule 8.02.6 have not
been met, the Commission shall restrict the use of funds pursuant to Rule 8.02.6.4, as
applicable, to projects and approved GHG Mitigation Measures that reduce GHG
emissions. Prior to the implementation of such restriction, an MPO, CDOT (upon
concurrence with the applicable MPO) or a TPR in a Non-MPO area, may, pursue one or
both of the following actions.
8.05.2.1
Request a waiver from the Commission imposing restrictions on specific
projects not expected to reduce GHG emissions.
8.05.2.1.1
By April 1, 2022, CDOT staff in consultation with the MPOs shall
develop a waiver form for use by CDOT, MPOs, or TPRs when
requesting a waiver.
8.05.2.1.2
A waiver may be requested at any time, including concurrently
with the submission of a GHG Transportation Report
2.1
Request a waiver from the Commission imposing restrictions on specific
projects not expected to reduce GHG emissions.
8.05.2.1.1
By April 1, 2022, CDOT staff in consultation with the MPOs shall
develop a waiver form for use by CDOT, MPOs, or TPRs when
requesting a waiver.
8.05.2.1.2
A waiver may be requested at any time, including concurrently
with the submission of a GHG Transportation Report.
8.05.2.1.3
The Commission may waive the restrictions on specific projects
when applicants use CDOT’s waiver form that specifies the GHG
Transportation Report reflected significant effort and priority placed, in
total, on projects and GHG Mitigation Measures that reduce GHG
emissions.
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8.05.2.1.4
In no case shall a waiver be granted if such waiver results in a
substantial increase in GHG emissions when compared to the required
GHG Reduction Levels in this Rule.
8.05.2.2
Request reconsideration of a non-compliance determination by the
Commission and provide written explanation of how the requirements of Rule
8.02.6 have been met.
8.05.3 The Commission shall act, by resolution, on a waiver or reconsideration request within
thirty (30) days of receipt of the waiver or reconsideration request or at the next regularly
scheduled Commission meeting, whichever is later.
8.05.4 Notwithstanding any other provision of this Rule, CDOT, DRCOG and NFRMPO must
meet the requirements of § 43-4-1103, C.R.S.
8.06
Reporting.
8.06.1 Beginning July 1, 2025, and every 3 years thereafter, the Executive Director on behalf of
CDOT shall prepare for the Transportation Commission and Air Quality Control
Commission a comprehensive publicly released report on statewide transportation GHG
reduction accomplishments
her provision of this Rule, CDOT, DRCOG and NFRMPO must
meet the requirements of § 43-4-1103, C.R.S.
8.06
Reporting.
8.06.1 Beginning July 1, 2025, and every 3 years thereafter, the Executive Director on behalf of
CDOT shall prepare for the Transportation Commission and Air Quality Control
Commission a comprehensive publicly released report on statewide transportation GHG
reduction accomplishments.
8.06.2 Beginning October 1, 2022, and annually thereafter, CDOT shall provide to the
Transportation Commission a report which shall include relevant factors such as
economic conditions, population growth, latest available data on the number of electric
vehicles registered in Colorado, transit ridership, bicycle use data, and total estimated
VMT per capita within the MPO areas and statewide for the past calendar year. The
Commission shall review annually the report during a publicly noticed meeting and shall
assess whether the directional change in any of the metrics warrant consideration of
policy changes.
8.07
Future Rule Updates. The Transportation Commission may identify parts of this Rule that need to
be updated or revised. To adapt the Rule to changing information and conditions, the
Commission may consider opening the Rule to such revisions.
9.00
Materials Incorporated by Reference
9.01
The Rules are intended to be consistent with and not be a replacement for the federal
transportation planning requirements in Rule 9.01.1 and federal funding programs in Rules 9.01.2
and 9.01.3, which are incorporated into the Rules by this reference, and do not include any later
amendments.
9.01.1 The Infrastructure Investment and Jobs Act or the “IIJA”, 23 U.S.C. §§ 134, 135 and 150,
Pub. L. No. 117-58, signed into law on November 15, 2021, and its accompanying
regulations, where applicable, contained in 23 C.F.R.Part 450, including Subparts A, B
and C in effect as of November 15, 2021, and 25 C.F.R. § 170 in effect as of November
15, 2021.
9.01.2 Congestion Mitigation and Air Quality Improvement (CMAQ) Program, 23 U.S.C
d Jobs Act or the “IIJA”, 23 U.S.C. §§ 134, 135 and 150,
Pub. L. No. 117-58, signed into law on November 15, 2021, and its accompanying
regulations, where applicable, contained in 23 C.F.R.Part 450, including Subparts A, B
and C in effect as of November 15, 2021, and 25 C.F.R. § 170 in effect as of November
15, 2021.
9.01.2 Congestion Mitigation and Air Quality Improvement (CMAQ) Program, 23 U.S.C. § 149,
in effect as of November 15, 2021.
9.01.3 Surface Transportation Block Grant (STBG) Program, 23 U.S.C. § 133, in effect as of
November 15, 2021.
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9.02
Also incorporated by reference are the following federal laws and regulations and do not include
any later amendments:
9.02.1 Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et. seq., in effect as of January
1, 2009.
9.02.2 Clean Air Act (CAA), 42 U.S.C. §§ 7407-7410, and 7505a, in effect as of November 15,
1990.
9.02.3 Transportation Conformity Regulations, 40 C.F.R. § 93.101, in effect as of November
24,1993.
9.03
Also incorporated by reference are the following documents, standards, and models and do not
include any later amendments:
9.03.1 Greenhouse Gas Pollution Reduction Roadmap by the Colorado Energy Office and
released on January 14, 2021.
9.03.2 MOVES3 Motor Vehicle Emissions Model for SIPs and Transportation Conformity
released by the U.S. Environmental Protection Agency, in effect as of January 7, 2021.
9.04
All referenced laws and regulations are available for copying or public inspection during regular
business hours from the Office of Policy and Government Relations, Colorado Department of
Transportation, 2829 W. Howard Pl., Denver, Colorado 80204.
9.05
Copies of the referenced federal laws and regulations, planning documents, and models.
9.05.1 Copies of the referenced United States Code (U.S.C.) may be obtained from the following
address:
Office of the Law Revision Counsel
U.S. House of Representatives
H2-308 Ford House Office Building
Washington, DC 20515
, Colorado Department of
Transportation, 2829 W. Howard Pl., Denver, Colorado 80204.
9.05
Copies of the referenced federal laws and regulations, planning documents, and models.
9.05.1 Copies of the referenced United States Code (U.S.C.) may be obtained from the following
address:
Office of the Law Revision Counsel
U.S. House of Representatives
H2-308 Ford House Office Building
Washington, DC 20515
(202) 226-2411
https://uscode.house.gov/browse.xhtml
9.05.2 Copies of the referenced Code of Federal Regulations (C.F.R.) may be obtained from the
following address:
U.S. Government Publishing Office
732 North Capitol State, N.W.
Washington, DC 20401
(866) 512-1800
https://www.govinfo.gov/
9.0.5.3 Copies of the Greenhouse Gas Pollution Reduction Roadmap (Roadmap) may be
obtained from the following address:
Colorado Energy Office
1600 Broadway, Suite 1960
Denver, CO 80202
(303) 866-2100
energyoffice.colorado.gov
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9.0.5.4 To download MOVES3 released by the U.S. Environmental Protection Agency may be
obtained from the following address:
U.S. Environmental Protection Agency
The Office of Transportation and Air Quality
1200 Pennsylvania Ave, N.W.
Washington, DC 20460
(734) 214–4574 or (202) 566-0495
mobile@epa.gov
https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves
10.00
Declaratory Orders
10.01 The Commission may, at their discretion, entertain petitions for declaratory orders pursuant to §
24-4-105(11), C.R.S.
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