Code of Colorado Regulations
600 - Department of Transportation
601 - Transportation Commission and Office of Transportation Safety
2 CCR 601-19 - RULES CONCERNING THE IMPLEMENTATION OF THE SAFE ROUTES TO SCHOOL PROGRAM


Current through Register Vol. 47, No. 5, March 10, 2024

I. PURPOSE

A. The purpose of these Rules is to prescribe procedures for application and disbursement of federal or state moneys to political subdivisions of the State, for projects to improve safety for pedestrians and bicyclists in School Areas, as authorized by § 43-1-1601 et seq., C.R.S.

B. The Department promulgated these Rules in order to carry out the purposes of § 43-1-1601 et seq., concerning the "Safe Routes to School" program. The Rules were adopted for the following reasons:
(1) to comply with § 43-1-1604 C.R.S.;

(2) to establish the procedures to review and award grants;

(3) to define essential terms; (3) to determine additional criteria and procedures under which the program will be managed.

II. STATEMENT OF BASIS AND SPECIFIC STATUTORY AUTHORITY

A. Statement of Basis

Sections 43-1-1601 et seq. C.R.S. was enacted in June 2004. Section 43-1-1604 C.R.S. directs the Department to promulgate Rules for the implementation of a grant based program awarding federal funds to political subdivisions of Colorado to improve safety for pedestrians and bicyclists in School Areas.

The Department promulgated the Rules in May 2005. The Department initiated the rulemaking process to amend the existing Rules in June 2007. The first amendment was needed to revise the contact person to be in compliance with job duties and responsibilities within the Department of Transportation, and Section 1404 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy of Users Act of 2005. The second amendment was necessary to attain continuity of services and leadership on the Advisory Committee.

The Department amended the Rules in 2012 as part of a Department-wide initiative to update Rules where warranted, eliminate unnecessary language and lessen restrictions on local government when possible. This initiative was in keeping with the Governor's Executive Order D2011-005 and Executive Order 2012-002.

The Department amended the Rules in 2014 as a result of HB14-1301. This bill made state general funds available for FY15 for the Safe Routes to Schools Program, and specified that all of the grants awarded using the funds resulting from HB14-1301 must be for non-infrastructure projects. The bill also provides that if the Safe Routes to Schools Program received federal dollars in FY15, general funds appropriated for the program will be reduced by the amount of the federal moneys received. Finally, the bill eliminated the need to distribute projects by geographic distribution of the student population. Instead, the bill requires that the Department consider schools having greater than fifty percent of the students eligible for free or reduced-priced lunch as one of the criteria for awarding grants.

The Department amended the Rules in 2017 as a result of changes enacted in HB14-1301 which were only in effect for one year. The state general funds available in FY15 for Safe Routes to School are no longer available for the grant program. All other aspects of Safe Routes to School Program required by the bill remain in effect.

B. Specific Statutory Authority

These Rules are promulgated by the Department pursuant to the specific statutory authority of §§ 43-1-110(2) and 43-1-1604 C.R.S. and conform to the requirements of PL 114-94("Fixing America's Surface Transportation Act" or "FAST Act") signed into law on December 4, 2015, 23 U.S.C. 101(29)(B); 23 u.S.C. 213(b)(3) and 23 U.S.C. 403 and its implementing regulations; "SAFETEA-LU"23 U.S.C. 402, and its implementing regulations; "National Goals and Performance Management Measures"23 U.S.C. § 150; the National School Lunch Act, 42 U.S.C. § 1751 et seq. and its implementing regulations, 7 CFR 245. Pursuant to § 24-4-105(11), C.R.S., the Department may entertain petitions for declaratory orders.

Entire rule recodified from 2 CCR 602-4 Eff. 06/30/2012.
Entire rule emer. rule eff. 09/04/2014; expired 01/02/2015.
Entire rule eff. 01/30/2015.
Rules II, 1.13-1.15, 4.01.8, 5.04, 7.00 eff. 04/16/2018.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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