CCITP 1: AUTHORITY TO ADOPT RULES AND REGULATIONS. These rules are adopted by the Colorado State Patrol, a division of the Colorado Department of Public Safety, consistent with the authority presented by § 24-33.5-230(1), CRS. As directed through § 24-33.5-230(2), CRS, the Colorado State Patrol has the authority to adopt rules necessary to facilitate the management and maintenance of the Catalytic Converter Identification and Theft Prevention Grant Program by the Colorado State Patrol CATPA Business Unit. All rules herein adopted are also promulgated according to and consistent with applicable provisions of the Colorado Administrative Procedures Act (APA), § 24-4-101 et. Seq., CRS.
CCITP 2: SCOPE AND PURPOSE OF THESE RULES. Reflected by the passage of SB 22-009, HB 22-1217, and SB 22-179, the Colorado General Assembly affirmatively declared the increase in known catalytic converter theft as an imminent threat or harm to the preservation of public peace, health, and safety in Colorado. The General Assembly has further determined that financial assistance should be made available to support programs addressing automobile theft prevention for grants related to catalytic converter theft.
Responsibility for receiving, reviewing, and administering grants pursuant to the Catalytic Converter Identification and Theft Prevention Grant Program is statutorily assigned to the CATPA Business Unit of the Colorado State Patrol. The Colorado State Patrol is subsequently provided the authority to adopt rules necessary for the administration of the Catalytic Converter Identification and Theft Prevention Grant Program. Consistent with § 24-33.5-230(2), (4), and (5), CRS, these rules:
* identify definitions applicable to these rules and the Catalytic Converter Identification and Theft Prevention Grant Program;
* identify a grant application process subject to the requirements of applicable statutes;
* identify deadlines for grant applications received, reviewed, and grants awarded by the Colorado Department of Public Safety;
* identify mandatory criteria applicable to grant applicants, applications, selection, and fund allocation; and
* identify mandatory grant reporting responsibilities of applicants receiving grant awards and minimum reporting criteria established by the CATPA Business Unit on behalf of the Colorado Department of Public Safety to facilitate annual departmental reporting upon the Catalytic Converter Identification and Theft Prevention Program to the General Assembly required by § 24-33.5-230(5) (b), CRS.
CCITP 3: APPLICABILITY OF RULES. These rules apply to all grant applicants applying for Catalytic Converter Identification and Theft Prevention Program Grants. These rules are similarly applicable to all grant applicants receiving awards allocated consistent with § 24-33.5-230(4), CRS, and having reporting responsibilities as set forth by § 24-33.5-230(5) (a), CRS, and these rules.
CCITP 4: DEFINITIONS. Unless otherwise specifically indicated by these rules, the following definitions apply throughout:
4.1.Association: A Colorado public or private, incorporated or unincorporated, for-profit or not-for-profit entity of actual and/or legal persons who actively collaborate towards a common goal or purpose, meeting minimum requirements applicable to the entity set forth by applicable Colorado statutes. For purposes of these rules, an association must express a focus, initiative, project, or purpose related to automobile theft and the prevention of catalytic converter theft as part of their grant application.4.2.Automobile: Means a motor vehicle as it is defined within § 42-1-102(58), CRS, except that this term does not include a motorcycle.4.3.Automobile Dealer: Means a motor vehicle dealer consistent with § 44-20-102(14) and (18), CRS, or a used motor vehicle dealer as defined within § 44-20-102(26), CRS.4.4.Award: Means financial assistance that provides support to accomplish a program proposed by a grant applicant as part of a Catalytic Converter Identification and Theft Prevention Grant Program Application.4.5. Catalytic Converter:Means a post-combustion device that (1) oxidizes hydrocarbons and carbon monoxide gasses or reduces oxides of nitrogen, and (2) is designed or intended for use as part of an emission control system, and (3) is installed on a motor vehicle.4.6.Catalytic Converter Identification and Theft Prevention Grant Program (CCITP): Means the grant program created by SB 22-1217 and managed by the CATPA Business Unit of the Colorado State Patrol consistent with the authority provided by § 24-33.5-230(1) and (2), CRS. Also referenced throughout these rules as the CCITP Grant Program.4.7.Catalytic Converter Identification and Theft Prevention Grant Program (CCITP) Cash Fund: Means the cash fund established through HB 22-1217 and codified in statute as § 24-33.5-230 (5.5), CRS. Referenced throughout these rules as the Cash Fund, this is a fund continuously appropriated by statute to the Colorado State Patrol to support the administration of the CCITP Grant Program, unless or until authority for the CCITP Grant Program is repealed. Initial funds appropriated to the CCITP Grant Program are set forth within Part 1 (a) of Section 3 of SB 22-1217.4.8.CATPA: Means the Colorado Automobile Theft Prevention Authority as defined by § 42-5-112(1), CRS, and abbreviated throughout these rules as CATPA.4.9.CATPA Board (Board): Means the Board created by § 42-5-112(2), CRS, and referenced throughout § 24-33.5-230(1), CRS. For purposes of these rules, the CATPA Board will review and provide recommendations regarding the CCITP Grant Program applications received by the CATPA Business Unit on behalf of the Colorado State Patrol as a division of the Colorado Department of Public Safety. 4.10.CATPA Business Unit: Means the CATPA Business Unit of the Colorado State Patrol Investigative Services Section.4.11.CATPA CCITP Forms and Guidance Manual: Means the forms and guidance publication approved by the Colorado State Patrol and provided by the CATPA Business Unit providing forms to support applications to and required reporting of the CCITP Grant Program as it is published and available to the public November 2022.4.12.CDPS (Department): Means the Colorado Department of Public Safety and is referenced throughout these rules as the Department.4.13.Colorado State Patrol (CSP): Means the Colorado State Patrol and is abbreviated throughout these rules as the CSP.4.14.Dealer: Consistent with § 18-13-111(8), CRS, means any person, business, or entity that buys, sells or distributes for the purposes of recycling, processing, or smelting, any commodity metal or detached catalytic converter on a wholesale basis.4.15.Detached Catalytic Converter: Means a post-combustion device that (1) oxidizes hydrocarbons and carbon monoxide gasses or reduces oxides of nitrogen; (2) is designed or intended for use as a part of an emission control system; and (3) was previously installed on a motor vehicle and subsequently removed.4.16.Emergency Repair Service: A Colorado public or private, incorporated or unincorporated, for-profit or not-for-profit entity whose primary business is to repair motor vehicles, to safeguard against immediate and substantial damage resulting from catalytic converter theft, and/or to otherwise secure and/or transport a vehicle that has sustained damage resulting from catalytic converter theft.4.17.Emission Control System: Means an emissions control system as defined by § 25-7-144(8) (a), CRS.4.18.Manufacturer: Consistent with § 25-7-144(8) (b), CRS, means any person who manufactures or assembles new and used motor vehicles of a type required to be registered according to § 42-3-103, CRS. For purposes of these rules, automobile dealers and automobile repair businesses fall within the scope of this definition and each, manufacturer, automobile dealer, and automobile repair business are included in the definition of Qualified Applicant set forth within these rules.4.19.Motorcycle: Means a motorcycle as it is defined by § 25-7-144(8) (c), CRS.4.20.Motor Vehicle: Means a motor vehicle as it is set forth by § 42-1-102(58), CRS; except that this term does not include a motorcycle.4.21.Performance Period: Means the period during which a grant award recipient is expected to use a grant award towards approved programs and activities proposed as part of a grant application. For purposes of these rules, the performance period also refers to the period during which a grant award recipient is expected and required to complete applicable reporting requirements.4.22.Qualified Applicant: For purposes of the CCITP Grant Program and these rules, Qualified Applicants include groups of associated actual or legal persons actively working together or towards a common goal or purpose consistent with the definition of association set forth within these rules, but are not necessarily limited to, auto repair businesses, automobile dealers, associations focusing efforts on catalytic converter identification, theft prevention, or victim assistance, emergency repair services, law enforcement agencies, and local governments.CCITP 5: CCITP GRANT PROGRAM APPLICANT ELIGIBILITY. CCITP Grant Program applicants must satisfy both the definition of a Qualified Applicant outlined in subsection 4.22 of these rules and as is consistent with § 24-33.5-230(3), CRS. All CCITP Grant Program applicants must complete all documents and forms required by the CATPA Business Unit and demonstrate in their application that the program therein proposed will address catalytic converter theft in Colorado.
5.1.Applicant Submissions not Meeting Minimum Threshold Criteria. CCITP Grant Program application submissions received by the CATPA Business Unit on behalf of the Department and the CSP not satisfying one or both of these threshold qualifications will be declined and returned to the applicant with a statement indicating that the applicant does not meet the minimum criteria.5.2.Applicant Resubmission of Previously Declined CCITP Grant Program Application.CCITP Grant Program applications previously declined may be resubmitted at a future CCITP Grant Program application submission period if the applicant subsequently can satisfy both threshold conditions of applicant eligibility.
CCITP 6: SUBMISSION AND CONTENT OF CCITP GRANT PROGRAM APPLICATIONS. The CATPA Business Unit may solicit and will make available to the general public and CCITP Grant Program applicants specifically the CCITP Grant Forms and Guidance Manual online through the CATPA website. The CCITP Grant Forms and Guidance Manual includes forms and information significant to all submission and reporting obligations applicable to CCITP Grant Program applicants receiving CCITP Grant Program Awards.
6.1.Written Notice of Application Submission Period. The CATPA Business Unit, on behalf of the CSP, will announce annually the availability of CCITP Grant Program Funding and indicate the submission period for CCITP Grant Program applications. Written notice of available funding and the CCITP Grant Program application submission period may include but is not limited to direct or electronic postal mailings to identified parties, stakeholders, members of law enforcement, and automobile-related associations; the posting of information on the CSP CATPA and/or CDPS websites; and through other relevant agencies and trade organizations.6.2.Application Forms and Required Content.All CCITP Grant Program applications must be in the form required by the grant announcement and supported by the forms provided in the CCITP Grant Forms and Guidance Manual and include minimum criteria consistent with applicable statutes and these rules.6.2.1.Name, Address, General Contact Information, and Entity Identification: All CCITP Grant Program applications must include the name, address, email address, and/or phone number for a point of contact, and identify the entity type of the applicant(s).6.2.2.Description of Grant Proposal and Impact on Catalytic Converter Theft: The application must describe the type of grant program proposed and how this program proposal will address the issue of catalytic converter theft in Colorado. Consistent with § 24-33.5-230, CRS, grant applicants may propose types of programs including public awareness campaign programs regarding catalytic converter theft; programs involving catalytic converter theft prevention parts; programs aiding victims of catalytic converter theft; and/or programs supporting catalytic converter identification and tracking efforts. Where applicable, the grant proposal description must include an explanation as to how grant funding will help reduce catalytic converter theft in Colorado.6.2.3.Additional Minimum Grant Application Criteria: All CCITP Grant Program applications must satisfy and include any additional information required by the CCITP Grant Program Forms and Guidance Manual and any additional information included as part of the written notice of the CCITP Grant Program application submission period.6.3.CCITP Grant Deadlines and Notice. All dates applicable to the submission and receipt of CCITP Grant Program applications to the CATPA Business Unit will be as set forth within the grant schedule detailed within the CCITP Grant Forms and Guidance Manual.6.4.Method and Delivery of Application Submission. All CCITP Grant Program applications must be submitted to the CATPA Business Unit as directed in the CCITP Grant Forms and Guidance Manual instructions and/or the written notice of the CCITP Grant Program application submission period. In the event of any disparity, the guidance provided by the latter will control. CCITP 7: CCITP GRANT PROGRAM APPLICATION QUALIFICATION, EVALUATION, AND AWARD SELECTION. The CATPA Business Unit will review CCITP Grant Program applications on behalf of the Department and the CSP consistent with the requirements of § 24-33.5-230(1) - (4), CRS.
7.1.Application Qualification. The CATPA Business Unit will review CCITP Grant Program applications to determine the level of qualification meeting the following criteria: 7.1.1.Use of CCITP Grant Forms and Guidance Manual: All CCITP Grant Program applications will be reviewed consistent with § 24-33.5-230(1) - (4), CRS, these rules, and the CCITP Grant Forms and Guidance Manual.7.1.2.Consistency with Other CDPS CATPA Grant Application Rules-Consideration of Multijurisdictional Applications: Under § 24-33.5-230(4) (a), CRS, CCITP Grant Program Awards may occur in accordance with other CDPS rules as well as the applicable statute. Consistent with Part 5 of 8 CCR 1507-50, the CATPA Rules, the CATPA Business Unit may prioritize the review and award of CCITP Grant Program applications representing or proposing multijurisdictional programs/approaches from Qualified Applicants satisfying the criteria of Part 6 of these rules.7.1.3.Multi-Year Award Discretion: As may be applied for and at the discretion of the CATPA Business Unit on behalf of the Department and the CSP, CCITP Grant Program Awards may be awarded for individual annual performance periods or multi-year performance periods consistent with § 24-33.5-230(4) (a), CRS.7.1.4.Minimum Threshold Eligibility Review: All CCITP Grant Program application submissions will first be reviewed to determine if the applicant(s) satisfy the definition of a Qualified Applicant set forth within these rules. Meeting this criterion, applicants will be reviewed to determine if they include a description of the proposed program as set forth within these rules. Satisfying both criteria, a reviewed CCITP Grant Program application will be reviewed consistent with the grant criteria outlined by § 24-33.5-230(3) and (4), CRS, and the elements set forth by Part 7 of these rules.7.2.CCITP Grant Program Application Evaluation for Mandatory Review Elements. All CCITP Grant Program application submissions satisfying the requirements of Part 7.1 of these rules will be reviewed by the CATPA Business Unit. The CATPA Business Unit will evaluate how each application addresses the following mandatory CCITP Grant Program elements: 7.2.1.Clear Presentation of Catalytic Converter Theft Issue: The CCITP Grant Program application must present an issue involving or related to catalytic converter theft or identification that proposes a response involving a catalytic converter theft public awareness campaign, catalytic converter theft prevention parts, assistance to victims of catalytic converter theft, and/or catalytic converter identification and tracking efforts.7.2.2.Explanation of Funding Effect on Catalytic Converter Theft: Except for CCITP Grant Program applications proposing programs only involving financial reimbursement or assistance to victims of catalytic converter theft absent any other efforts to reduce catalytic converter theft or to raise public awareness thereof, all CCITP Grant Program applications must include an explanation of how a grant funding award will help reduce catalytic converter theft in Colorado. Any CCITP Grant Program application proposing a program with an intent to decrease the incidence of catalytic converter theft or to facilitate efforts at catalytic converter identification and tracking must include an explanation of how CCITP Grant Program funding will support this goal.7.2.3.Proposed Activities and Goals: The application must propose a program design wherein the activities and goals defined are realistic and attainable.7.3.CCITP Grant Program Application Evaluation for Quality Review Elements. The CATPA Business Unit shall review all CCITP Grant Program applications satisfying Parts 7.1 and 7.2 of these rules against additional qualitative criteria: 7.3.1.Cost Structure: The application must demonstrate a realistic cost structure as compared to the expressed activities and goals of the proposed program.7.3.2.Data Collection and Evaluation: The application must demonstrate that the proposed program design allows for the collection of data relevant and necessary to the expressed activities and goals of the program and will support evaluation thereof to measure the progress and effectiveness of the program upon the incidence of catalytic converter theft.7.3.3.Innovation and Ingenuity: The application will be evaluated, to the extent possible, for any display of innovation or ingenuity in its concept, design, and/or operation concerning the issues identified in Part 6.2.2 of these rules. A CCITP Grant Program Application proposal will be considered to be innovative or demonstrate ingenuity where it introduces a new or different strategy or approach to preventing, deterring, reducing, or alleviating the negative consequences of catalytic converter theft upon business and the general public.7.3.4.Experience, Expertise, or Demonstrated Ability: Information about an applicant's experience and qualifications regarding subject-area expertise, and/or a demonstrated ability to manage grant-funded projects or programs and to satisfy the reporting requirements thereof consistently and with success will be considered, but the absence thereof will not disqualify an applicant.7.4.Criteria-Based Funding Allocation for Award Selection. CCITP Grant Program applications determined to satisfy Parts 7.1, 7.2, and 7.3 of these rules by the CATPA Business Unit will be finalized subsequent to the completion of the following post-requisite review:7.4.1.CATPA Board Recommendation and Review: CCITP Grant Program applications meeting the requirements of Parts 7.1, 7.2, and 7.3 of these rules will be made available to the CATPA Board to review for purposes of minimizing the duplication of grant projects and awards.7.4.2.Funding Apportionment: The CATPA Business Unit will consider apportionment of CCITP Grant Program funds contingent upon the number of applicants or qualified or approved applications in specific initiatives, consistent with § 24-33.5-230(4) (c), CRS. Under ideal circumstances, the CCITP Grant Program Awards will be apportioned such that 20 percent will be allocated towards victim-targeted initiatives, 20 percent will be to initiatives focused on catalytic converter theft prevention, 25 percent to proposals targeting the business impacts of catalytic converter theft, 25 percent to proposals focusing on enforcement, and the remaining 10 percent towards the administrative costs of all approved CCITP Grant Program proposals. Actual CCITP Grant Program funding available for each program type will be provided annually as part of the written notice for the grant application submission period.7.4.3.CATPA Business Unit Recommendations: The CATPA Business Unit will provide CCITP Grant Program Award recommendations to the Colorado State Patrol Appointing Authority for each performance period to determine final awards consistent with § 24-33.5-230(4) (c), CRS.CCITP 8. NOTICE OF GRANT AWARD, CONDITIONS OF ACCEPTANCE, AND RIGHT OF REFUSAL. The CATPA Business Unit, on behalf of the Department and the CSP, will notify all CCITP Grant Program applicants of the approval or denial of a CCITP Grant Program application in writing. Written notice of approval or denial may occur both by electronic mail, and postal service in the event an email is not provided or is returned as undeliverable.
8.1.Reporting Requirements Applicable to Award. All recipients accepting CCITP Grant Program Awards are required to comply with the quarterly, annual, and/or final program reporting requirements set forth within these rules. All annual and final CCITP Grant Program reports must include project-specific information consistent with § 24-33.5-230(4) (b) and (5) (a), CRS, as referenced by Part 8.2 of these rules.8.2.Quarterly, Annual, and Final Reporting Requirements Applicable to CCITP Grant Program Awards. Consistent with § 24-33.5-230(4) (b) and (5) (a), CRS, CCITP Grant Program Award recipients accepting awards must adhere to grant reporting requirements set forth by the Department. On behalf of the Department and the CSP, the CATPA Business Unit will require quarterly, annual, and/or final grant program reporting from all recipients accepting CCITP Grant Program Awards as follows: 8.2.1.Notice of Reporting Schedule and Applicable Forms: Timelines applicable to the submission of quarterly, annual, and/or final CCITP Grant Program Awards accepted by recipients to the CATPA Business Unit are provided within the CCITP Grant Program Forms and Guidance Manual.8.2.2.Minimum Reporting Criteria: Forms provided within the CCITP Grant Program Forms and Guidance Manual indicate all required reporting criteria. At a minimum, CCITP Grant Program recipients must indicate for each scheduled reporting period: 8.2.2.1. A description of how the grant funding has been used during the applicable reporting period;8.2.2.2. Any outcomes achieved or progress on program activities using grant funding;8.2.2.3. Any project-specific information directly arising out of the targeted initiative(s) of the program; and8.2.2.4. Any other required information indicated by the CCITP Grant Program Forms and Guidance Manual applicable to a quarterly, annual, and/or final CCITP Grant Program report.8.2.3.CATPA Business Unit Review of CCITP Grant Program Recipient Reports: On behalf of the Department and the CSP, the CATPA Business Unit will review all quarterly, annual, and final CCITP Grant Program reports submitted by CCITP Grant Program Award recipients. The review of these reports will occur consistent with the statutorily identified goals and objectives of the CCITP Grant Program and will be included as part of the annual report required by § 24-33.5-230(5) (b), CRS. 8.2.4.Monitoring of the CCITP Grant Program: On behalf of the Department and the CSP, the CATPA Business Unit will monitor program implementation, financial administration, and the achievement of CCITP Grant Program objectives of CCITP Grant Program Award recipients as is consistent with § 24-33.5-230(5) (a), CRS, these rules, and the CCITP Grant Program Forms and Guidance Manual. The CATPA Business Unit will issue feedback to all CCITP Grant Program Award recipients submitting or failing to submit any required quarterly, annual, or final reports in writing, including any requests for reports or inquiries for the minimum information required to be included as part of any report. Written feedback will be delivered by electronic mail and by postal service if an email is returned as undeliverable.8.3.Right of Refusal Without Prejudice. A CCITP Grant Program Award recipient has the discretion to decline or refuse any CCITP Grant Program Award without further explanation or prejudice.CCITP 9. CCITP AWARD RECIPIENT FAILURE TO PERFORM AND CONSEQUENCES THEREOF. In the event a CCITP Grant Program Award recipient fails to perform or to complete the mandatory reporting requirements or satisfy the minimum reporting criteria required by § 24-33.5-230(4) (b) and (5) (a), CRS, these rules, and as identified within the CCITP Grant Program Forms and Guidance Manual, the CATPA Business Unit may:
9.1.Deliver Written Notice. The CATPA Business Unit will deliver written notice to a CCITP Grant Award recipient determined to have not submitted a required report or to have not reported required information requesting the award recipient to correct their noncompliance within 14 business days of the date of the notice. The written notice will be delivered by electronic mail, and by postal service where email is returned as undeliverable.9.2.Implement Improvement Plan Consistent with CCITP Grant Program Forms and Guidance Manual. Failing to respond to a notice to correct CCITP Grant Program noncompliance within 14 business days of the date of the written notice, the CATPA Business Unit may present the CCITP Grant Program Award recipient with an improvement plan to correct noncompliance.9.3.Recommend Refusal of Program Expenses. Failing to remediate following the implementation of an improvement plan or failing to respond to either a written notice or improvement plan as directed by Parts 9.1 or 9.2 of these rules, the CATPA Business Unit may recommend to the Department and the CSP that CCITP Grant Program expenses belatedly or not reported by the award recipient not be reimbursed.9.4.Recommend Suspension or Revocation of CCITP Grant Program Award. Failing to remediate following the implementation of an improvement plan or failing to respond to either a written notice or improvement plan as described by Parts 9.1 or 9.2 of these rules, the CATPA Business Unit may recommend to the Department and the CSP the suspension or revocation of a CCITP Grant Program Award.9.5.Failure to Perform Affects Future Grant Award Consideration. The failure to perform or to rehabilitate performance or the occurrence of a grant program suspension, revocation, or refusal by the CATPA Business Unit to pay CCITP Grant Program-related expenses based on non-compliance with CCITP Grant Program mandatory reporting requirements may affect the future consideration of any grant applications by the same award recipient(s) submitted to the CATPA Business Unit, Board, CSP, or the Department.CCITP 10. EXPIRATION OF 8 CCR 1507-59, CCITP GRANT PROGRAM RULES. The entirety of this 8 CCR 1507-59 will expire upon the repeal of § 24-33.5-230, CRS, on July 1. 2025, unless extended.
CCITP 11. SEVERABILITY OF RULES. If any provision of these rules or the applicability thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected absent a specific reference thereto.
CCITP 12. PUBLICATIONS INCORPORATED BY REFERENCE AND RULE INQUIRIES. All publications, standards, guidelines, and rules adopted and/or incorporated by reference in these rules are available for public inspection at any state publications depository library as is required by § 24-4-103(12), CRS.
12.1.Consistent with § 24-4-103 (12.5), CRS. The following publication(s), standard(s), guidelines, and rules are adopted within these rules consistent with § 24-4-103 (12.5), CRS: 12.1.1. CATPA (November 2022). CCITP Grant Program Forms and Guidance Manual. Lakewood, Colorado: Author.12.1.2. Colorado Automobile Theft Prevention Authority (CATPA) Rules, 8 CCR 1507-50 (2020).12.2.Maintenance of Copies. The CATPA Business Unit will maintain copies of the complete texts of these rules and any incorporated or adopted publication(s), standard(s), guidelines, and rules, and make each available for public inspection during regular business hours. Interested parties may contact the CATPA Business Unit by phone at 303-239-4560 or email the CATPA Business Unit at CDPS_CATPA@state.co.us. Interested parties may also access the following material(s) free of charge and at their convenience online: 12.3.Later Editions or Amendments not Incorporated. These rules do not include later amendments to or editions of any publication(s), standard(s), guidelines, or rules incorporated by reference herein.New rule eff. 11/30/2022.