Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0247.01 Richard Sweetman x4333
HOUSE BILL 24-1030
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING RAILROAD SAFETY , AND, IN CONNECTION THEREWITH ,101
LIMITING THE MAXIMUM LENGTH OF A TRAIN OPERATING IN THE102
STATE, REQUIRING CERTAIN RAILR OADS TO USE WAYSIDE103
DETECTOR SYSTEMS , LIMITING THE AMOUNT OF TIME A TRAIN104
MAY OBSTRUCT PUBLIC TRAV EL AT CERTAIN CROSSINGS ,105
AUTHORIZING A CREW MEMBER 'S DESIGNATED UNION106
REPRESENTATIVE TO INVESTIGATE CERTAIN REPORTED107
INCIDENTS, AUTHORIZING THE PUBLIC UTILITIES COMMISSION108
TO IMPOSE FINES FOR CERTAIN VIOLATIONS , REQUIRING FINE109
REVENUE TO BE PAID TO THE FRONT RANGE PASSENGER RAIL110
DISTRICT FOR THE PURPOSES OF MAINTAINING AND IMPROVING111
THE SAFETY OF A FRONT RANGE PASSENGER RAIL SYSTEM , AND112
REQUIRING CERTAIN RAILROADS TO CARRY INSURANCE113
HOUSE SPONSORSHIP
Mabrey, Boesenecker, Froelich, Lindsay, Mauro, Parenti, Vigil
SENATE SPONSORSHIP
Cutter and Exum, Jaquez Lewis, Priola, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. COVERAGE IN MINIMUM AMOUNTS .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Transportation Legislation Review Committee. The bill
imposes safety requirements on railroads operating trains in the state. The
bill specifies that:
! The length of a train must not exceed 8,500 feet;
! With certain exceptions, railroads must operate, maintain,
and report the location of wayside detector systems. A
wayside detector is an electronic device or a series of
devices that monitors passing trains for defects.
! A train may not obstruct a public crossing for longer than
10 minutes unless the train is continuously moving or is
prevented from moving by circumstances beyond the
railroad's control;
! Any crew member of a train may report to the crew
member's designated union representative a safety
violation, injury, or death that occurred during the
operation of a train. After receiving a report of a violation,
a designated union representative may enter a railroad's
place of operation to investigate the report during
reasonable hours and after notifying the railroad.
! The public utilities commission (PUC) may impose fines
for the violation of these safety requirements or for denying
a union representative's access to the railroad's place of
operation. The bill requires the PUC to develop guidelines
for determining, imposing, and appealing fines.
The bill also creates the front range passenger rail district
maintenance and safety fund (fund), which consists of money collected
as fines imposed by the PUC. The fund is continuously appropriated to
the state treasurer for the purpose of issuing warrants from the fund to the
front range passenger rail district for safety planning and development
during the research, development, and construction of a passenger rail
system; maintaining a passenger rail system; and completing capital
development projects to improve the safety of a passenger rail system.
The bill requires that on or before July 1, 2025, and at least once
every 3 years thereafter, each railroad offer training to each fire
department having jurisdiction along tracks upon which the railroad
HB24-1030-2- operates in the state.
The bill requires railroads that transport hazardous material in
Colorado to maintain insurance coverage that is adequate to cover costs
and liabilities resulting from accidents. The PUC is required to
promulgate rules establishing minimum coverage amounts.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 3 to article2
20 of title 40 as follows:3
PART 34
RAILROAD SAFETY5
40-20-301. Legislative declaration. (1) T
HE GENERAL ASSEMBLY6
FINDS, DETERMINES, AND DECLARES THAT:7
(a) R
AILROAD TRANSPORTATION IS A CRITICAL COMPONENT OF8
C
OLORADO'S ECONOMY AND PROVIDES EFFICIENT AND COST -EFFECTIVE9
MOVEMENT OF GOODS ACROSS THE STATE AND BEYOND ;10
(b) P
ROTECTING COLORADO'S RESIDENTS, ECOSYSTEMS, AND11
INFRASTRUCTURE FROM EXPOSURE TO HAZARDOUS MATERIALS CARRIED12
BY TRAINS IS A TOP PRIORITY OF THE GENERAL ASSEMBLY ;13
(c) T
RAINS EMIT FEWER GREENHOUSE GAS EMISSIONS THAN OTHER14
MODES OF TRANSPORTATION, INCLUDING TRUCK TRACTORS, TRAILERS, OR15
SEMITRAILERS, THEREBY MAKING TRAINS A DESIRABLE16
CLIMATE-CONSCIOUS OPTION FOR TRANSPORTING LARGE VOLUMES OF17
WEIGHT AND FOR FREIGHT MOVEMENT ;18
(d) C
OLORADO'S FRAGILE ECOSYSTEMS, WEATHER EXTREMES ,19
EXTENSIVE NUMBER OF HARD-TO-MAINTAIN RAILROAD TRACK MILES, AND20
NUMBER OF COMMUNITIES THROUGH WHICH RAILROADS OPERATE21
NECESSITATE THAT THE STATE TAKE DECISIVE ACTION TO PREVENT AND22
MITIGATE POTENTIAL HARM TO THE ENVIRONMENT AND COLORADO23
HB24-1030-3- RESIDENTS FROM DERAILMENTS AND OTHER ACCIDENTS ;1
(e) R
AILROAD TRACKS FREQUENTLY BISECT COMMUNITIES WITH2
POPULATIONS OF BLACK PEOPLE, INDIGENOUS PEOPLE, AND OTHER PEOPLE3
OF COLOR AND LOW-INCOME COMMUNITIES ACROSS COLORADO, MEANING4
THAT ANY DERAILMENT WILL LIKELY DISPROPORTIONATELY IMPACT THOSE5
COMMUNITIES, WHICH NECESSITATES THAT COLORADO TAKE EXTRA6
PRECAUTIONS TO PREVENT DERAILMENTS ;7
(f) T
HE FREQUENCY OF TRAIN ACCIDENTS INVOLVING HAZARDOUS8
MATERIALS HAS INCREASED IN THE LAST TWENTY YEARS . BEGINNING IN9
1990,
RAILROADS STARTED LOBBYING FOR LESS REGULATION OF THE10
TRANSPORTATION OF HAZARDOUS MATERIALS , AND A REDUCTION IN11
REGULATION RESULTED IN A GREATER NUMBER OF DERAILMENTS . WHEN12
RAILROADS IMPLEMENTED PRECISION SCHEDULING TO INCREASE PROFITS13
BEGINNING IN 2010, THE NUMBER OF DERAILMENTS INVOLVING14
HAZARDOUS MATERIALS INCREASED SIGNIFICANTLY .15
(g) T
HE SAFE AND EFFICIENT OPERATION OF RAILROADS REQUIRES16
SEVERAL FACTORS, INCLUDING REGULARLY MAINTAINING RAILROAD17
TRACKS AND ROLLING STOCK , APPROPRIATELY USING TECHNOLOGY TO18
DETECT AND ADDRESS MECHANICAL AND OTHER ISSUES , EMPLOYING19
EXPERIENCED AND WELL-PAID WORKERS WITH CRITICAL SKILL SETS TO20
RECOGNIZE AND AVOID ACCIDENTS , AND LIMITING THE NUMBER OF CARS21
THAT TRAINS CARRY TO ENSURE THAT TRAINS HAVE REAS ONABLE22
LENGTHS.23
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND24
DECLARES THAT:25
(a) L
IMITING TRAIN LENGTH HELPS AVOID EXCESSIVE STRESS ON26
TRAIN EQUIPMENT AND RAILROAD TRACKS , ALLOWS FOR SHORTER TRAIN27
HB24-1030
-4- BRAKING DISTANCES, REDUCES THE NUMBER OF PER -TRAIN CRITICAL1
POINTS OF FAILURE THAT MAY EXIST, AND REDUCES THE POTENTIAL FOR2
OTHER ERRORS;3
(b) S
HORTER TRAINS THAT ARE WELL MAINTAINED ARE LESS4
SUSCEPTIBLE TO DERAILMENTS, REDUCING THE RISK OF SEVERE ACCIDENTS5
INVOLVING HAZARDOUS MATERIALS OR SPILLS AND OTHER INCIDENTS6
THAT COULD POSE A THREAT TO PUBLIC SAFETY , FRAGILE ECOSYSTEMS,7
AND OTHER INFRASTRUCTURE ;8
(c) W
HILE TRAIN LENGTHS MAY VARY DEPENDING ON SEVERAL9
FACTORS, INCLUDING THE TYPE OF CARGO BEING TRANSPORTED , THE10
OPERATING ENVIRONMENT , THE LENGTH OF SIDING OR PASSING TRACK11
ALONG A MAIN LINE, AND THE CONDITION OF A RAILROAD TRACK, NEITHER12
CONGRESS, NOR THE FEDERAL RAILROAD ADMINISTRATION , NOR THE13
A
SSOCIATION OF AMERICAN RAILROADS HAS TAKEN ACTION OR SPECIFIED14
A MAXIMUM ACCEPTABLE TRAIN LENGTH ; AND15
(d) A
BSENT ANY FEDERAL BODY OR OTHER AGENCY PROVIDING16
RESTRICTIONS OR GUIDANCE TO RAILROADS REGARDING A REASONABLE17
AND APPROPRIATE TRAIN LENGTH STANDARD , ESPECIALLY CONSIDERING18
C
OLORADO'S HIGHLY COMPLEX ENVIRONMENTAL CHALLENGES AND19
POTENTIAL FOR CATASTROPHIC ACCIDENTS , THE GENERAL ASSEMBLY20
FINDS THAT IT MUST TAKE ACTION TO SET A REASONABLE TRAIN LENGTH21
STANDARD.22
(3) T
HE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND23
DECLARES THAT:24
(a) R
AILROADS UTILIZE NUMEROUS FORMS OF AVAILABLE25
TECHNOLOGY TO DETECT AND PREVENT VARIOUS EQUIPMENT FAILURES ,26
INCLUDING INSTALLING WAYSIDE DETECTOR SYSTEMS ADJACENT TO A27
HB24-1030
-5- MAIN LINE;1
(b) T
WO OF THE MOST COMMON WAYSIDE DETECTOR2
TECHNOLOGIES THAT RAILROADS CURRENTLY USE ARE HOT BEARING3
DETECTORS THAT USE INFRARED SENSORS TO MEASURE THE4
TEMPERATURES OF BEARINGS ON PASSING TRAINS AND DRAGGING5
EQUIPMENT DETECTORS THAT DETECT OBJECTS DRAGGING ALONG A6
TRACK;7
(c) U
SING HOT BEARING DETECTO RS AND DRAGGING EQUIPMENT8
DETECTORS AT REGULAR INTERVALS ALONG A RAILROAD TRACK CAN9
REDUCE THE RISK OF DERAILMENTS , ACCIDENTS, AND OTHER INCIDENTS10
AND PROMOTE THE SAFE AND EFFICIENT MOVEMENT OF GOODS ACROSS11
THE STATE;12
(d) T
HESE WAYSIDE DETECTOR SYSTEMS ARE HIGHLY EFFECTIVE ,13
PREVENTIVE TOOLS THAT CAN ALERT RAILROAD CREWS TO PROBLEMS SO14
THEY CAN TAKE IMMEDIATE ACTION TO PREVENT ACCIDENTS OR15
DERAILMENTS;16
(e) T
HE FEDERAL RAILROAD ADMINISTRATION RECOMMENDS BUT17
DOES NOT REQUIRE THE PLACEMENT OF HOT BEARING DETECTORS AT18
INTERVALS OF FORTY MILES, WHILE RAILROAD EXPERTS NATIONWIDE HAVE19
CALLED FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF HOT20
BEARING DETECTORS;21
(f) T
HE FEDERAL RAILROAD ADMINISTRATION ALSO RECOMMENDS22
BUT DOES NOT REQUIRE THE INSTALLATION OF DRAGGING EQUIPMENT23
DETECTORS AT INTERVALS OF NO MORE THAN TWENTY -FIVE MILES ON24
RAILROAD TRACKS ON WHICH TRAINS OPERATE AT SPEEDS OF SIXTY MILES25
PER HOUR OR MORE, WHILE RAILROAD EXPERTS NATIONWIDE HAVE CALLED26
FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF DRAGGING27
HB24-1030
-6- EQUIPMENT DETECTORS;1
(g) T
HE FEDERAL RAILROAD ADMINISTRATION 'S RECOMMENDED2
SPACING DISTANCES DO NOT CONSIDER THE UNIQUE AND CHALLENGING3
DYNAMICS OF OPERATING RAILROADS SAFELY IN COLORADO, DO NOT4
ADEQUATELY PREVENT ACCIDENTS AND DERAILMENTS , AND DO NOT5
PROACTIVELY PROTECT COLORADO'S RESIDENTS, COMMUNITIES, AND6
ENVIRONMENT FROM HARM ;7
(h) R
AILROADS ARE NOT CURRENTLY REQUIRED TO DISCLOSE8
WHERE WAYSIDE DETECTORS ARE INSTALLED OR WHETHER THE9
DETECTORS ARE OPERATIONAL , NOR ARE THEY REQUIRED TO CONSIDER10
VARIABLE TRACK CONDITIONS IN THE PLACEMENT OF DETECTORS .11
W
ITHOUT THIS INFORMATION, THE GENERAL ASSEMBLY , THE PUBLIC12
UTILITIES COMMISSION, AND THE PUBLIC ARE FORCED TO RELY ONLY ON13
THE ASSERTIONS OF RAILROADS THAT THEY ARE ADEQUATELY14
MONITORING TRACKS AND TRAINS FOR PROBLEMS .15
(i) R
ECENT DERAILMENTS AND ACCIDENTS ACROSS THE COUNTRY16
HAVE HIGHLIGHTED THAT RAILR OADS ARE NOT ADEQUATELY MONITORING17
FOR PROBLEMS OR TAKING PREVENTIVE ACTION , THAT SEVERE INJURY TO18
INDIVIDUALS AND SEVERE DAMAGE TO THE ENVIRONMENT AND19
INFRASTRUCTURE ARE PREVENTABLE AND UNNECESSARY , AND THAT THE20
GENERAL ASSEMBLY MUST TAKE ACTION ;21
(j) T
RANSPARENCY AND ACCOUNTABILITY IN RAILROAD22
OPERATIONS ARE CRITICAL TO ENSURE THE SAFETY OF COLORADO'S23
RESIDENTS, PROTECT INFRASTRUCTURE AND THE ENVIRONMENT , AND24
PROMOTE LONG-TERM SUSTAINABILITY OF THE STATE'S ECONOMY, AND IT25
IS NECESSARY TO REQUIRE RAILROAD COMPANIES TO ANNUALLY REPORT26
THE LOCATIONS OF INSTALLED WAYSIDE DETECTOR SYSTEMS AND TRAIN27
HB24-1030
-7- LENGTH TO THE PUBLIC UTILITIES COMMISSION ; AND1
(k) A
BSENT A COLORADO-SPECIFIC RECOMMENDATION FROM THE2
FEDERAL RAILROAD ADMINISTRATION CONCERNING THE PLACEMENT OF3
WAYWARD DETECTOR SYSTEMS , AND WITH NO RECOMMENDATION4
PENDING IN THE IMMEDIATE FUTURE, THE GENERAL ASSEMBLY DEFERS TO5
THE EXPERT ADVICE OF RAILROAD OPERATORS .6
(4) T
HEREFORE, THE GENERAL ASSEMBLY HEREBY ENACTS THIS7
PART 3 TO:8
(a) P
ROMOTE TRANSPARENCY , ACCOUNTABILITY, AND SAFETY IN9
RAILROAD OPERATIONS IN THE STATE;10
(b) L
IMIT GREENHOUSE GAS EMISSIONS;11
(c) R
EDUCE THE RISK OF ACCIDENTS, DERAILMENTS, AND OTHER12
INCIDENTS ASSOCIATED WITH RAILROAD TRANSPORTATION ; AND13
(d) P
ROTECT THE HEALTH AND WELL -BEING OF COLORADO'S14
RESIDENTS AND ECOSYSTEMS .15
40-20-302. Definitions. A
S USED IN THIS PART 3, UNLESS THE16
CONTEXT OTHERWISE REQUIRES :17
(1) "A
CCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.18
(2) "C
LASS II RAILROAD" HAS THE MEANING SET FORTH IN 4919
U.S.C.
SEC. 20102 (1).20
(3) "C
LASS III RAILROAD" HAS THE MEANING SET FORTH IN 4921
U.S.C.
SEC. 20102 (1).22
(4) "D
ANGEROUS GOOD" MEANS A SUBSTANCE THAT:23
(a) I
S CORROSIVE, FLAMMABLE, EXPLOSIVE, SPONTANEOUSLY24
COMBUSTIBLE, OXIDIZING, OR WATER-REACTIVE;25
(b) H
AS THE POTENTIAL TO CAUSE SIGNIFICANT HARM TO AN26
INDIVIDUAL, PROPERTY, OR THE ENVIRONMENT; AND27
HB24-1030
-8- (c) DOES NOT QUALIFY AS A HAZARDOUS MATERIAL AS DEFINED IN1
SUBSECTION (8) OF THIS SECTION.2
(5) "D
EFECT" INCLUDES, BUT IS NOT LIMITED TO, HOT WHEEL3
BEARINGS, HOT WHEELS, DEFICIENT BEARINGS DETECTED THROUGH4
ACOUSTIC MEANS, DRAGGING OF EQUIPMENT , EXCESSIVE HEIGHT,5
EXCESSIVE WEIGHT, A SHIFTED LOAD, A LOOSE HOSE, IMPROPER RAIL6
TEMPERATURE, OR A DEFICIENT WHEEL CONDITION.7
(6) "D
RAGGING EQUIPMENT DETECTOR " MEANS AN ELECTRONIC8
DEVICE OR OTHER TECHNOLOGY THAT MONITORS A PASSING TRAIN TO9
ACTIVELY DETECT AND ALERT OPERATORS OF THE TRAIN OF THE10
EXISTENCE OF ANY OBJECTS DRAGGING FROM THE TRAIN .11
(7) "F
UND" MEANS THE FRONT RANGE PASSENGER RAIL DISTRICT12
MAINTENANCE AND SAFETY FUND CREATED IN SECTION 40-20-306.13
(8) "H
AZARDOUS MATERIAL" HAS THE MEANING SET FORTH IN 4914
CFR
171.8.15
(9) "H
IGHWAY-RAIL CROSSING" MEANS:16
(a) T
HE POINT AT WHICH ANY PUBLIC HIGHWAY IS OR WILL BE17
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD18
AT, ABOVE, OR BELOW GRADE;19
(b) T
HE POINT AT WHICH THE TRACKS OR OTHER FACILITIES OF A20
RAILROAD ARE OR MAY BE CONSTRUCTED ACROSS ANY PUBLIC HIGHWAY21
AT, ABOVE, OR BELOW GRADE;22
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE23
CONSTRUCTED ACROSS PRIVATE TRACKS ON WHICH ANY RAILROAD MAY24
OPERATE AT, ABOVE, OR BELOW GRADE; OR25
(d) T
HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY26
RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY27
HB24-1030
-9- PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.1
(10) "H
OT BEARINGS DETECTOR" MEANS AN INFRARED DETECTOR2
LOCATED ALONG RAILROAD TRACKS TO DETECT AND ALERT THE3
OPERATORS OF A PASSING TRAIN TO ANY OVERHEATING OF A TRAIN 'S4
BEARINGS, AXLES, OR WHEELS.5
(11) "I
NCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.6
(12) "M
AIN LINE" MEANS A SEGMENT OR ROUTE OF RAILROAD7
TRACKS OF ANY RAILROAD OVER WHICH FIVE MILLION OR MORE GROSS8
TONS OF RAILROAD TRAFFIC IS TRANSPORTED ANNUALLY AS DOCUMENTED9
IN TIMETABLES FILED WITH THE FEDERAL RAILROAD ADMINISTRATION10
PURSUANT TO 49 CFR 217.7. "MAIN LINE" DOES NOT INCLUDE TOURIST,11
SCENIC, HISTORIC, OR EXCURSION OPERATIONS AS DEFINED IN 49 CFR12
238.5.13
(13) "P
ASSENGER RAIL SYSTEM" HAS THE MEANING SET FORTH IN14
SECTION 32-22-102 (9).15
(14) "P
ATHWAY CROSSING" MEANS:16
(a) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE17
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD18
AT, ABOVE, OR BELOW GRADE;19
(b) T
HE POINT AT WHICH ANY TRACKS OR OTHER FACILITIES OF A20
RAILROAD ARE OR WILL BE CONSTRUCTED ACROSS ANY PUBLIC PATHWAY21
AT, ABOVE, OR BELOW GRADE;22
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE23
CONSTRUCTED ACROSS PRIVATE TRACKS OVER WHICH ANY RAILROAD MAY24
OPERATE AT, ABOVE, OR BELOW GRADE; OR25
(d) T
HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY26
RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY27
HB24-1030
-10- PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.1
(15) "P
UBLIC CROSSING" MEANS A HIGHWAY-RAIL CROSSING OR2
PATHWAY CROSSING WHERE THE HIGHWAY OR PATHWAY ON BOTH SIDES3
OF THE CROSSING IS UNDER THE JURISDICTION OF OR IS MAINTAINED BY A4
STATE OR LOCAL ROAD AUTHORITY AND IS OPEN TO PUBLIC TRAVEL .5
(16) "P
UBLIC UTILITIES COMMISSION" MEANS THE PUBLIC UTILITIES6
COMMISSION CREATED IN SECTION 40-2-101.7
(17) "R
AILROAD" MEANS A PERSON PROVIDING RAILROAD8
TRANSPORTATION.9
(18) "R
AILROAD TRANSPORTATION " MEANS ANY FORM OF10
NONHIGHWAY GROUND TRANSPORTATION THAT RUNS ON RAILS OR11
ELECTROMAGNETIC GUIDEWAYS . "RAILROAD TRANSPORTATION" DOES NOT12
INCLUDE RAPID TRANSIT OPERATIONS IN AN URBAN AREA THAT ARE NOT13
CONNECTED TO A GENERAL RAILROAD SYSTEM .14
(19) "T
RAIN" MEANS A LOCOMOTIVE UNIT OR LOCOMOTIVE UNITS ,15
WITH OR WITHOUT CARS, THAT REQUIRE AN AIR BRAKE TEST PURSUANT TO16
49
CFR 232 AND 49 CFR 238.17
(20) "W
AYSIDE DETECTOR" MEANS AN ELECTRONIC DEVICE OR A18
SERIES OF CONNECTED DEVICES THAT MONITORS A PASSING TRAIN TO19
DETERMINE WHETHER THE TRAIN HAS A DEFECT , INCLUDING A HOT20
BEARINGS DETECTOR AND A DRAGGING EQUIPMENT DETECTOR .21
40-20-303. Maximum train length - wayside detector system22
required - exceptions - report - length of obstruction at public23
crossing. (1) A
RAILROAD SHALL NOT OPERATE A TRAIN THAT HAS A24
LENGTH GREATER THAN EIGHT T HOUSAND FIVE HUNDRED FEET ON ANY25
MAIN LINE IN THE STATE.26
(2) E
XCEPT AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION:27
HB24-1030
-11- (a) A RAILROAD OPERATING A TRAIN ON ANY MAIN LINE IN THE1
STATE SHALL HAVE AN OPERATIONAL AND PROPERLY MAINTAINED2
WAYSIDE DETECTOR SYSTEM . ALONG EACH MAIN LINE, THE WAYSIDE3
DETECTOR SYSTEM MUST HAVE A HOT BEARINGS DETECTOR AND A4
DRAGGING EQUIPMENT DETECTOR INSTALLED AT LEAST EVERY TEN MILES ;5
EXCEPT THAT THE WAYSIDE DETECTOR SYSTEM MAY HAVE A HOT6
BEARINGS DETECTOR AND A DRAGGING EQUIPMENT DETECTOR INSTALLED7
AT LEAST EVERY FIFTEEN MILES IF THE NATURAL TERRAIN REQUIRES THE8
INCREASED DISTANCE.9
(b) O
N OR BEFORE JANUARY 1, 2025, AND ON OR BEFORE JANUARY10
1
OF EACH YEAR THEREAFTER, A RAILROAD OPERATING A TRAIN ON ANY11
MAIN LINE IN THE STATE SHALL SUBMIT TO THE PUBLIC UTILITIES12
COMMISSION A REPORT THAT DISCLOSES , AT A MINIMUM, THE FOLLOWING13
INFORMATION:14
(I) T
HE NEAREST MILEPOST NUMBER , LATITUDE AND LONGITUDE15
COORDINATES, OR OTHER ATTRIBUTE THAT SPECIFICALLY IDENTIFIES THE16
LOCATION OF EACH INSTALLED WAYSIDE DETECTOR SYSTEM ;17
(II) T
HE TYPE AND CHARACTERISTIC OF EACH INSTALLED WAYSIDE18
DETECTOR SYSTEM;19
(III) T
HE OPERATIONAL STATUS OF ALL INSTALLED HOT BEARINGS20
DETECTORS AND DRAGGING EQUIPMENT DETECTORS ; AND21
(IV) A
NY OTHER INFORMATION REGARDING WAYSIDE DETECTOR22
SYSTEMS THAT THE PUBLIC UTILITIES COMMISSION DEEMS NECESSARY .23
(c) A
FTER A TRAIN RECEIVES A DEFECT MESSAGE FROM A WAYSIDE24
DETECTOR SYSTEM, THE RAILROAD OPERATING THE TRAIN SHALL :25
(I) S
TOP THE TRAIN IN ACCORDANCE WITH THE RAILROAD 'S26
APPLICABLE SAFETY PROCEDURES ;27
HB24-1030
-12- (II) INSPECT THE LOCATION OF THE DEFECT FROM A POSITION ON1
THE GROUND;2
(III) I
F THE INSPECTION INDICATES THAT THE TRAIN IS SAFE FOR3
MOVEMENT, PROCEED ALONG THE TRAIN 'S ROUTE AT A SPEED NOT4
GREATER THAN TEN MILES PER HOUR IF THE TRAIN IS CARRYING A5
HAZARDOUS MATERIAL OR DANGEROUS GOOD OR AT A SPEED OF NOT6
GREATER THAN THIRTY MILES PER HOUR IF THE TRAIN IS NOT CARRYING A7
HAZARDOUS MATERIAL OR DANGEROUS GOOD ;8
(IV) R
EMOVE AND SET OUT ANY DEFECTIVE CAR AT THE EARLIEST9
OPPORTUNITY;10
(V) P
REPARE A WRITTEN INSPECTION REPORT ; AND11
(VI) P
ROVIDE THE WRITTEN INSPECTION REPORT TO THE12
APPROPRIATE RAILROAD OFFICIAL.13
(3) S
UBSECTION (2) OF THIS SECTION DOES NOT APPLY TO A CLASS14
II
RAILROAD OR CLASS III RAILROAD UNLESS THE RAILROAD IS15
TRANSPORTING HAZARDOUS MATERIAL AT A SPEED EXCEEDING TEN MILES16
PER HOUR.17
(4) A
RAILROAD OPERATING A TRAIN ON ANY MAIN LINE IN THE18
STATE SHALL NOT PERMIT ANY TRAIN, FREIGHT CAR, PASSENGER CAR, OR19
RAILROAD TRANSPORTATION ENGINE TO OBSTRUCT A PUBLIC CROSSING20
FOR LONGER THAN TEN MINUTES . THIS SUBSECTION (4) DOES NOT APPLY21
IF THE TRAIN, FREIGHT CAR, PASSENGER CAR , OR RAILROAD22
TRANSPORTATION ENGINE IS CONTINUOUSLY MOVING OR IF23
CIRCUMSTANCES BEYOND THE RAILROAD 'S CONTROL PREVENT THE TRAIN,24
FREIGHT CAR, PASSENGER CAR, OR RAILROAD TRANSPORTATION ENGINE25
FROM MOVING.26
40-20-304. Reporting violation to union representative -27
HB24-1030
-13- investigation - permission to enter. (1) A CREW MEMBER OF A TRAIN1
OPERATED BY A RAILROAD IN THE STATE MAY REPORT TO THE CREW2
MEMBER'S DESIGNATED UNION REPRESENTATIVE :3
(a) A
VIOLATION OF ANY OF THE SAFETY REQUIREMENTS SPECIFIED4
IN THIS PART 3;5
(b) A
N INJURY THE CREW MEMBER OR ANOTHER CREW MEMBER6
SUSTAINED WHILE OPERATING A TRAIN ON ANY MAIN LINE IN THE STATE ;7
OR8
(c) A
DEATH THAT OCCURRED DURING THE OPERATION OF A TRAIN .9
(2) A
DESIGNATED UNION REPRESENTATIVE RECEIVING A REPORT10
PURSUANT TO SUBSECTION (1) OF THIS SECTION MAY ENTER A RAILROAD'S11
PLACE OF OPERATION DURING REASONABLE HOURS TO INVESTIGATE THE12
REPORT. BEFORE ENTERING, THE DESIGNATED UNION REPRESENTATIVE13
SHALL GIVE REASONABLE NOTICE TO THE APPROPRIATE RAILROAD14
OFFICER.15
40-20-305. Violations - penalties - rules. (1) I
F A RAILROAD OR16
ANY OFFICER, AGENT, OR EMPLOYEE OF THE RAILROAD VIOLATES SECTION17
40-20-303
OR, BY DENYING ENTRY TO A PLACE OF OPERATION , SECTION18
40-20-304
(2), THE PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF19
NOT LESS THAN TEN THOUSAND DOLLARS BUT NOT MORE THAN20
TWENTY-FIVE THOUSAND DOLLARS ON THE RAILROAD . EACH DAY OF A21
CONTINUING VIOLATION CONSTITUTES A SEPARATE VIOLATION .22
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE23
PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF UP TO ONE HUNDRED24
THOUSAND DOLLARS PER VIOLATION IF THE COMMISSION FINDS :25
(a) T
HE RAILROAD INTENTIONALLY OR KNOWINGLY VIOLATED26
SECTION 40-20-303 OR 40-20-304 (2); OR27
HB24-1030
-14- (b) THE RAILROAD'S VIOLATION WAS PART OF A PATTERN AND1
PRACTICE OF REPEATED VIOLATIONS OF SECTION 40-20-303 OR 40-20-3042
(2).3
(3) T
HE PUBLIC UTILITIES COMMISSION SHALL TRANSFER ALL FINES4
COLLECTED PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION TO5
THE STATE TREASURER, WHO SHALL CREDIT THE FINES TO THE FUND.6
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES7
FOR THE DETERMINATION, IMPOSITION, AND APPEAL OF FINES UNDER THIS8
SECTION.9
40-20-306. Front range passenger rail district maintenance10
and safety fund - created. (1) T
HE FRONT RANGE PASSENGER RAIL11
DISTRICT MAINTENANCE AND SAFETY FUND IS HEREBY CREATED IN THE12
STATE TREASURY. THE FUND CONSISTS OF ANY MONEY CREDITED TO THE13
FUND PURSUANT TO SECTION 40-20-305 (3) AND ANY OTHER MONEY THAT14
THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND .15
(2) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND16
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE17
FUND TO THE FUND.18
(3) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE19
STATE TREASURER FOR THE PURPOSE OF ISSUING WARRANTS AS SET FORTH20
IN THIS SUBSECTION (3). IF THERE IS MONEY IN THE FUND ON THE LAST DAY21
OF ANY CALENDAR MONTH , THE STATE TREASURER SHALL ISSUE A22
WARRANT FROM THE FUND IN THE AMOUNT OF THE BALANCE OF THE FUND23
TO THE FRONT RANGE PASSENGER RAIL DISTRICT CREATED IN SECTION24
32-22-103
(1). THE DISTRICT MAY EXPEND THE MONEY RECEIVED25
THROUGH WARRANTS FOR THE PURPOSES OF :26
(a) S
AFETY PLANNING AND DEVELOPMENT DURING THE RESEARCH ,27
HB24-1030
-15- DEVELOPMENT, AND CONSTRUCTION OF A PASSENGER RAIL SYSTEM ;1
(b) M
AINTAINING A PASSENGER RAIL SYSTEM ; AND2
(c) C
OMPLETING CAPITAL DEVELOPMENT PROJECTS TO IMPROVE3
THE SAFETY OF A PASSENGER RAIL SYSTEM .4
40-20-307. Training. (1) O
N OR BEFORE JULY 1, 2025, AND AT5
LEAST ONCE EVERY THREE YEARS THEREAFTER , EACH RAILROAD SHALL6
OFFER TRAINING TO EACH FIRE DEPARTMENT HAVING JURISDICTION ALONG7
TRACKS UPON WHICH THE RAILROAD OPERATES IN THE STATE . IN8
SATISFYING THIS REQUIREMENT, A RAILROAD MAY OFFER SUCH TRAINING9
SIMULTANEOUSLY TO MORE THAN ONE FIRE DEPARTMENT .10
(2) T
HE TRAINING DESCRIBED IN SUBSECTION (1) OF THIS SECTION11
MUST:12
(a) A
DDRESS THE GENERAL HAZARDS OF DANGEROUS GOODS AND13
HAZARDOUS MATERIALS , TECHNIQUES TO ASSESS RISKS POSED TO THE14
ENVIRONMENT AND TO THE SAFETY OF EMERGENCY RESPONDERS AND THE15
PUBLIC, FACTORS AN INCIDENT COMMANDER MUST CONSIDER IN16
DETERMINING WHETHER TO ATTEMPT TO SUPPRESS A FIRE OR TO17
EVACUATE THE PUBLIC AND EMERGENCY RESPONDERS FROM AN AREA ,18
AND OTHER STRATEGIES FOR INITIAL RESPONSE BY EMERGENCY19
RESPONDERS; AND20
(b) I
NCLUDE SAFETY DRILLS THAT IMPLEMENT SUGGESTED21
PROTOCOLS OR PRACTICES FOR EMERGENCY RESPONDERS TO USE TO22
SAFELY ACCOMPLISH THE TASK S DESCRIBED IN SUBSECTION (2)(a) OF THIS23
SECTION.24
40-20-308. Insurance coverage required - rules - investigations25
- public hearings - violations - fines. (1) I
N ADDITION TO ANY26
INSURANCE COVERAGE REQUIRED BY ANY PROVISION OF LAW , A RAILROAD27
HB24-1030
-16- THAT TRANSPORTS HAZARDOUS MATERIAL IN COLORADO SHALL MAINTAIN1
INSURANCE COVERAGE IN AN AMOUNT THAT IS ADEQUATE TO PAY FOR2
COSTS, DAMAGES, AND LIABILITIES ARISING FROM ACCIDENTS INVOLVING3
SUCH TRANSPORTATION. A RAILROAD SHALL MAINTAIN THE INSURANCE4
COVERAGE IN THE MINIMUM AMOUNTS AS ARE REQUIRED BY RULES5
PROMULGATED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO6
SUBSECTION (3) OF THIS SECTION.7
(2) O
N OR BEFORE JANUARY 1, 2025, AND ON OR BEFORE EACH8
J
ANUARY 1 THEREAFTER, EACH RAILROAD THAT TRANSPORTS HAZARDOUS9
MATERIAL IN COLORADO SHALL SUBMIT TO THE PUBLIC UTILITIES10
COMMISSION A CERTIFICATE OF INSURANCE OR SIMILAR DOCUMENTATION11
THAT DEMONSTRATES THE RAILROAD 'S COMPLIANCE WITH THIS SECTION12
AND RULES PROMULGATED PURSUANT TO THIS SECTION .13
(3) O
N OR BEFORE NOVEMBER 1, 2024, THE PUBLIC UTILITIES14
COMMISSION SHALL PROMULGATE RULES ESTABLISHING MINIMUM15
INSURANCE COVERAGE REQUIREMENTS FOR RAILROADS THAT TRANSPORT16
HAZARDOUS MATERIAL IN COLORADO, AS DESCRIBED IN SUBSECTION (1)17
OF THIS SECTION. IN ESTABLISHING THE REQUIREMENTS , THE PUBLIC18
UTILITIES COMMISSION SHALL CONSIDER THE TYPE AND QUANTITY OF19
HAZARDOUS MATERIALS TRANSPORTED , THE ROUTES USED, AND OTHER20
RELEVANT RISK FACTORS.21
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL CONDUCT PERIODIC22
AUDITS OR INVESTIGATIONS TO ENSURE EACH RAILROAD 'S COMPLIANCE23
WITH THE INSURANCE REQUIREMENTS DESCRIBED IN THIS SECTION .24
(5) A
T LEAST ONCE EACH YEAR, THE PUBLIC UTILITIES COMMISSION25
SHALL HOLD A PUBLIC HEARING AT WHICH INTERESTED STAKEHOLDERS26
AND MEMBERS OF THE PUBLIC MAY PROVIDE COMMENTS CONCERNING THE27
HB24-1030
-17- IMPLEMENTATION OF THIS SECTION.1
(6) A
RAILROAD THAT VIOLATES THIS SECTION IS SUBJECT TO A2
FINE IN AN AMOUNT OF AT LEAST ONE THOUSAND DOLLARS , BUT NOT3
EXCEEDING FIVE THOUSAND DOLLARS , FOR EACH DAY OF4
NONCOMPLIANCE.5
SECTION 2. Effective date. This act takes effect July 1, 2024.6
SECTION 3. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
HB24-1030
-18-