NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 11-1176
      
      
      BY REPRESENTATIVE(S) Ramirez, Bradford, Brown, Holbert, Kerr J.,
      Looper, Nikkel, Schafer S., Vigil, Wilson;
      also SENATOR(S) Renfroe.
      
      
      Concerning an exemption of crude oil from designated routes set
           by the state patrol for the transportation of hazardous
           substances by motor vehicle.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Part 3 of article 20 of title 42, Colorado Revised
      Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
      
           42-20-300.3.  Definitions.  As used in this part 3, unless the
      context otherwise requires:
      
           (1)  "Route designation" means a designation of a route by
      the state patrol under this part 3.
      
           SECTION 2.  42-20-301 (1), Colorado Revised Statutes, is amended
      to read:
      
           42-20-301.  Route designation.  (1) (a)  The patrol, after
      consultation with local governmental authorities, shall have has the sole
      authority to designate which public roads shall be are to be used and
      which shall not be are not to be used by motor vehicles transporting
      hazardous materials.  The patrol shall exercise of such its authority shall
      be made pursuant to in accordance with section 42-20-302.  Such
      designation shall exempt Gasoline, diesel fuel, and liquefied petroleum gas
      are exempt from route designation unless the petitioning authority
      specified in section 42-20-302 requests their inclusion.  Such designation
      The patrol may exempt crude oil from route designation after a
      request from the petitioning authority.
      
           (b)  The patrol may include, as part of designated route
      restrictions, the closing of streets and highways and whatever other
      conditions or restrictions the patrol deems advisable, except for hours of
      operation and curfews.  Any such designation in this part 3 shall be referred
      to as a route designation.
      
           (c)  Routes designated by the patrol pursuant to in accordance
      with this part 3 shall do not apply to motor vehicles when used to transport
      to or from the farm or ranch site products necessary for agricultural
      production.
      
           (d)  No city, county, or city and county may impose restrictions on
      hours of operation on designated routes; except that this provision shall
      paragraph (d) does not apply to any city, county, or city and county which
      that, by resolution or ordinance, had routes or hours of operation
      restrictions in effect on July 1, 1985.
      
           SECTION 3.  42-20-302 (11), Colorado Revised Statutes, is
      amended to read:
      
           42-20-302.  Application for route designation - procedure -
      approval.  (11) (a)  The patrol shall base the approval or denial of
      a petition to exempt crude oil upon due consideration of the
      factors listed in subsection (8) of this section.
      
           (b)  The patrol shall approve route designations for gasoline, diesel
      fuel, and liquefied petroleum gas requested by petitioning authorities under
      section 42-20-301 (1) where such the designations follow routes approved
      by the patrol for other hazardous materials under this section.
      
           SECTION 4.  Act subject to petition - effective date -
      applicability.  (1)  This act shall take effect at 12:01 a.m. on the day
      following the expiration of the ninety-day period after final adjournment of
      the general assembly (August 10, 2011, if adjournment sine die is on May
      11, 2011); except that, if a referendum petition is filed pursuant to section
      1 (3) of article V of the state constitution against this act or an item, section,
      or part of this act within such period, then the act, item, section, or part shall
      not take effect unless approved by the people at the general election to be
      held in November 2012 and shall take effect on the date of the official
      declaration of the vote thereon by the governor.
      
           (2)  The provisions of this act shall apply to petitions made on or
      after the applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO