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CDOT Public Hearing on Nonattainment Area Air Pollution Mitigation Enterprise

April 4 @ 2:00 pm 4:00 pm

Notice of Proposed Rulemaking
Nonattainment Area Air Pollution Mitigation Enterprise
Rules Governing Nonattainment Area Air Pollution Mitigation Enterprise Fees
2 CCR 608-1
Date & Time of Public Hearing: Monday, April 4, 2022, at 2:00 p.m.
I. Notice
As required by the State Administrative Procedure Act found at section 24-4-103, C.R.S., the
Nonattainment Area Air Pollution Mitigation Enterprise gives notice of proposed rulemaking.
This proposed permanent rulemaking hearing is scheduled for April 4, 2022, at 2:00 p.m. and will only
be conducted in a virtual setting. All interested and affected parties must register to attend the public
hearing through the registration link provided in the table below.
Date Location Time Registration Links
04/04/2022 Webinar Only 2:00 p.m. Registration Link
How to Register for Hearing
You must click on the registration link from the above table to register for the hearing. When you
register, you must provide your full name, email address, telephone number, and mailing address. You
may also provide the name of the organization that you are representing. Finally, please indicate
whether you plan to testify during the hearing and/or submit written comments. When you submit your
registration, you should receive a confirmation email including details about how to join the webinar.
The registration link for the hearing is also available on the Colorado Department of Transportation’s
website at https://www.codot.gov/business/rules/proposed-rules.
II. Subject
Senate Bill 21-260 took effect in Colorado on June 17, 2021 and created new sources of dedicated
funding and new state enterprises intended to preserve, improve, and expand existing transportation
infrastructure, develop the modernized infrastructure needed to support the widespread adoption of
electric motor vehicles, and mitigate environmental and health impacts of transportation system use.
The legislation requires the Nonattainment Area Air Pollution Mitigation Enterprise (NAAPME), a Type 1
transfer agency, to promulgate rules to impose a retail delivery fee and to impose a rideshare fee to
mitigate the impacts of increased air pollution that results from increased motor vehicle use for retail
deliveries and prearranged rides by transportation network companies. NAAPME is authorized by C.R.S.
§ 43-4-1303(6)(h) to promulgate rules setting the amounts of the Air Pollution Mitigation Per Ride Fee
and the Air Pollution Mitigation Retail Delivery Fee at or below maximum levels contained in C.R.S. §§
43-4-1303(7) and (8). NAAPME can set a maximum fee of seven-tenths of one cent per retail delivery, a
maximum fee of $0.1125 for any prearranged ride in a zero emission vehicle (ZEV) and $0.225 per
prearranged ride in a non-ZEV. NAAPME proposes to set the fees at the levels provided in the statute.
2829 W. Howard Place
Denver, CO 80204-2305
2829 W. Howard Place Denver, CO 80204-2305 P 303.757.9011 www.codot.gov
A detailed Statement of Basis, Purpose, and Specific Statutory Authority follows this notice and
is incorporated by reference.
III. Statutory Authority
The specific authority under which the Nonattainment Area Air Pollution Mitigation Enterprise shall
establish these rules is set forth in §§ 43-4-1303(6)-(8), C.R.S.
IV. Copies of the Notice, Proposed Rules, and the Statement of Basis, Purpose & Authority
The notice of hearing, the proposed rules, and the proposed statement of basis, purpose and authority
are available for review at CDOT’s website at https://www.codot.gov/business/rules/proposed-rules.
If there are changes made to the proposed rules prior to the hearing, the updated proposed rule will be
available to the public and posted on CDOT’s website by March 28, 2022.
Please note that the proposed rule being considered is subject to further changes and modifications
after the public hearing and the deadline for the submission of written comments.
V. Opportunity to testify and submit written comments
CDOT strives to make the rulemaking process inclusive to all. Everyone will have the opportunity to
testify and provide written comments concerning the proposed rule. Interested and affected parties
are welcome to testify and submit written comments.
The format of the hearing will proceed as follows:
• The Hearing Officer opens the hearing and provides a brief introduction of the hearing
procedures.
• CDOT staff will review exhibits to establish that the CDOT met all the procedural requirements
of the Administrative Procedure Act.
• CDOT staff will present a summary of the proposed rules.
• Participants will have the opportunity to give testimony regarding the proposed rules.
• The Hearing Officer will make certain findings and conclude the hearing.
Testimony
The testimony phase of each hearing will proceed as follows:
● The Hearing Officer will identify the participants who indicated that they plan to testify during
the hearing based on the registration records.
● When Hearing Officer exhausts the list, we will ask whether any additional participants wish to
testify.
To ensure that the hearing is prompt and efficient, oral testimony may be time-limited.
2829 W. Howard Place Denver, CO 80204-2305 P 303.757.9011 www.codot.gov
Written Comments
All interested and affected parties are strongly encouraged to submit their written comments by March
28, 2022 to dot_rules@state.co.us. All written comments must be received on or before Thursday,
April 7, 2022, at 5 p.m. for consideration by the NAAPME Board.
Additionally, we will post all written comments to CDOT’s website at
https://www.codot.gov/business/rules/proposed-rules.
All written comments will be added to the official rulemaking record and may be subject to disclosure.
VI. Recording of the Hearings
The hearing will be recorded. After the hearing concludes, the recording will be available on CDOT’s
website at https://www.codot.gov/business/rules/proposed-rules.
VII. Special Accommodations
If you need special accommodations, please contact CDOT’s Rules Advisor at dot_rules@state.co.us or
303.757.9441 at least one (1) week prior to the scheduled hearing date.
VIII. Contact Information
Please contact CDOT’s Rules Advisor at dot_rules@state.co.us or 303.757.9441 if you have any