Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0247.01 Richard Sweetman x4333
HOUSE BILL 24-1030
House Committees Senate Committees
Transportation, Housing & Local Government
Appropriations
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
TRANSIT AND RAIL DIVISION IN THE110
DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF111
MAINTAINING AND IMPROVING THE SAFETY OF A PASSENGER112
RAIL SYSTEM, REQUIRING CERTAIN RAILROADS TO CARRY113
HOUSE
3rd Reading Unamended
April 5, 2024
HOUSE
Amended 2nd Reading
April 3, 2024
HOUSE SPONSORSHIP
Mabrey and Mauro, Epps, Boesenecker, Froelich, Lindsay, Parenti, Vigil, Amabile,
Bacon, Bird, Brown, Daugherty, Duran, Epps, Garcia, Hamrick, Hernandez, Herod, Joseph,
Kipp, Lieder, Lindstedt, Martinez, Marvin, McCormick, Ortiz, Ricks, Rutinel, Sirota, Snyder,
Story, Titone, Weissman, Willford, Woodrow, Young
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. INSURANCE COVERAGE IN MINIMUM AMOUNTS, AND MAKING AN101
APPROPRIATION.102
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
1030-2- every 3 years thereafter, each railroad offer training to each fire
department having jurisdiction along tracks upon which the railroad
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
1030-3- MITIGATE POTENTIAL HARM TO THE ENVIRONMENT AND COLORADO1
RESIDENTS FROM DERAILMENTS AND OTHER ACCIDENTS ;2
(e) R
AILROAD TRACKS FREQUENTLY BISECT COMMUNITIES WITH3
POPULATIONS OF BLACK PEOPLE, INDIGENOUS PEOPLE, AND OTHER PEOPLE4
OF COLOR AND LOW-INCOME COMMUNITIES ACROSS COLORADO, MEANING5
THAT ANY DERAILMENT WILL LIKELY DISPROPORTIONATELY IMPACT THOSE6
COMMUNITIES, WHICH NECESSITATES THAT COLORADO TAKE EXTRA7
PRECAUTIONS TO PREVENT DERAILMENTS ;8
(f) T
HE FREQUENCY OF TRAIN ACCIDENTS INVOLVING HAZARDOUS9
MATERIALS HAS INCREASED IN THE LAST TWENTY YEARS . BEGINNING IN10
1990,
RAILROADS STARTED LOBBYING FOR LESS REGULATION OF THE11
TRANSPORTATION OF HAZARDOUS MATERIALS , AND A REDUCTION IN12
REGULATION RESULTED IN A GREATER NUMBER OF DERAILMENTS . WHEN13
RAILROADS IMPLEMENTED PRECISION SCHEDULING TO INCREASE PROFITS14
BEGINNING IN 2010, THE NUMBER OF DERAILMENTS INVOLVING15
HAZARDOUS MATERIALS INCREASED SIGNIFICANTLY .16
(g) T
HE SAFE AND EFFICIENT OPERATION OF RAILROADS REQUIRES17
SEVERAL FACTORS, INCLUDING REGULARLY MAINTAINING RAILROAD18
TRACKS AND ROLLING STOCK , APPROPRIATELY USING TECHNOLOGY TO19
DETECT AND ADDRESS MECHANICAL AND OTHER ISSUES , EMPLOYING20
EXPERIENCED AND WELL-PAID WORKERS WITH CRITICAL SKILL SETS TO21
RECOGNIZE AND AVOID ACCIDENTS , AND LIMITING THE NUMBER OF CARS22
THAT TRAINS CARRY TO ENSURE THAT TRAINS HAVE REASONABLE23
LENGTHS.24
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND25
DECLARES THAT:26
(a) L
IMITING TRAIN LENGTH HELPS AVOID EXCESSIVE STRESS ON27
1030
-4- TRAIN EQUIPMENT AND RAILROAD TRACKS , ALLOWS FOR SHORTER TRAIN1
BRAKING DISTANCES, REDUCES THE NUMBER OF PER -TRAIN CRITICAL2
POINTS OF FAILURE THAT MAY EXIST, AND REDUCES THE POTENTIAL FOR3
OTHER ERRORS;4
(b) S
HORTER TRAINS THAT ARE WELL MAINTAINED ARE LESS5
SUSCEPTIBLE TO DERAILMENTS, REDUCING THE RISK OF SEVERE ACCIDENTS6
INVOLVING HAZARDOUS MATERIALS OR SPILLS AND OTHER INCIDENTS7
THAT COULD POSE A THREAT TO PUBLIC SAFETY , FRAGILE ECOSYSTEMS,8
AND OTHER INFRASTRUCTURE ;9
(c) W
HILE TRAIN LENGTHS MAY VARY DEPENDING ON SEVERAL10
FACTORS, INCLUDING THE TYPE OF CARGO BEING TRANSPORTED , THE11
OPERATING ENVIRONMENT , THE LENGTH OF SIDING OR PASSING TRACK12
ALONG A MAIN LINE, AND THE CONDITION OF A RAILROAD TRACK, NEITHER13
CONGRESS, NOR THE FEDERAL RAILROAD ADMINISTRATION , NOR THE14
A
SSOCIATION OF AMERICAN RAILROADS HAS TAKEN ACTION OR SPECIFIED15
A MAXIMUM ACCEPTABLE TRAIN LENGTH ; AND16
(d) A
BSENT ANY FEDERAL BODY OR OTHER AGENCY PROVIDING17
RESTRICTIONS OR GUIDANCE TO RAILROADS REGARDING A REASONABLE18
AND APPROPRIATE TRAIN LENGTH STANDARD , ESPECIALLY CONSIDERING19
C
OLORADO'S HIGHLY COMPLEX ENVIRONMENTAL CHALLENGES AND20
POTENTIAL FOR CATASTROPHIC ACCIDENTS , THE GENERAL ASSEMBLY21
FINDS THAT IT MUST TAKE ACTION TO SET A REASONABLE TRAIN LENGTH22
STANDARD.23
(3) T
HE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND24
DECLARES THAT:25
(a) R
AILROADS UTILIZE NUMEROUS FORMS OF AVAILABLE26
TECHNOLOGY TO DETECT AND PREVENT VARIOUS EQUIPMENT FAILURES ,27
1030
-5- INCLUDING INSTALLING WAYSIDE DETECTOR SYSTEMS ADJACENT TO A1
MAIN LINE;2
(b) T
WO OF THE MOST COMMON WAYSIDE DETECTOR3
TECHNOLOGIES THAT RAILROADS CURRENTLY USE ARE HOT BEARING4
DETECTORS THAT USE INFRARED SENSORS TO MEASURE THE5
TEMPERATURES OF BEARINGS ON PASSING TRAINS AND DRAGGING6
EQUIPMENT DETECTORS THAT DETECT OBJECTS DRAGGING ALONG A7
TRACK;8
(c) U
SING HOT BEARING DETECTORS AND DRAGGING EQUIPMENT9
DETECTORS AT REGULAR INTERVALS ALONG A RAILROAD TRACK CAN10
REDUCE THE RISK OF DERAILMENTS , ACCIDENTS, AND OTHER INCIDENTS11
AND PROMOTE THE SAFE AND EFFICIENT MOVEMENT OF GOODS ACROSS12
THE STATE;13
(d) T
HESE WAYSIDE DETECTOR SYSTEMS ARE HIGHLY EFFECTIVE ,14
PREVENTIVE TOOLS THAT CAN ALERT RAILROAD CREWS TO PROBLEMS SO15
THEY CAN TAKE IMMEDIATE ACTION TO PREVENT ACCIDENTS OR16
DERAILMENTS;17
(e) T
HE FEDERAL RAILROAD ADMINISTRATION RECOMMENDS BUT18
DOES NOT REQUIRE THE PLACEMENT OF HOT BEARING DETECTORS AT19
INTERVALS OF FORTY MILES, WHILE RAILROAD EXPERTS NATIONWIDE HAVE20
CALLED FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF HOT21
BEARING DETECTORS;22
(f) T
HE FEDERAL RAILROAD ADMINISTRATION ALSO RECOMMENDS23
BUT DOES NOT REQUIRE THE INSTALLATION OF DRAGGING EQUIPMENT24
DETECTORS AT INTERVALS OF NO MORE THAN TWENTY -FIVE MILES ON25
RAILROAD TRACKS ON WHICH TRAINS OPERATE AT SPEEDS OF SIXTY MILES26
PER HOUR OR MORE, WHILE RAILROAD EXPERTS NATIONWIDE HAVE CALLED27
1030
-6- FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF DRAGGING1
EQUIPMENT DETECTORS;2
(g) T
HE FEDERAL RAILROAD ADMINISTRATION 'S RECOMMENDED3
SPACING DISTANCES DO NOT CONSIDER THE UNIQUE AND CHALLENGING4
DYNAMICS OF OPERATING RAILROADS SAFELY IN COLORADO, DO NOT5
ADEQUATELY PREVENT ACCIDENTS AND DERAILMENTS , AND DO NOT6
PROACTIVELY PROTECT COLORADO'S RESIDENTS, COMMUNITIES, AND7
ENVIRONMENT FROM HARM ;8
(h) R
AILROADS ARE NOT CURRENTLY REQUIRED TO DISCLOSE9
WHERE WAYSIDE DETECTORS ARE INSTALLED OR WHETHER THE10
DETECTORS ARE OPERATIONAL , NOR ARE THEY REQUIRED TO CONSIDER11
VARIABLE TRACK CONDITIONS IN THE PLACEMENT OF DETECTORS .12
W
ITHOUT THIS INFORMATION, THE GENERAL ASSEMBLY , THE PUBLIC13
UTILITIES COMMISSION, AND THE PUBLIC ARE FORCED TO RELY ONLY ON14
THE ASSERTIONS OF RAILROADS THAT THEY ARE ADEQUATELY15
MONITORING TRACKS AND TRAINS FOR PROBLEMS .16
(i) R
ECENT DERAILMENTS AND ACCIDENTS ACROSS THE COUNTRY17
HAVE HIGHLIGHTED THAT RAILROADS ARE NOT ADE QUATELY MONITORING18
FOR PROBLEMS OR TAKING PREVENTIVE ACTION , THAT SEVERE INJURY TO19
INDIVIDUALS AND SEVERE DAMAGE TO THE ENVIRONMENT AND20
INFRASTRUCTURE ARE PREVENTABLE AND UNNECESSARY , AND THAT THE21
GENERAL ASSEMBLY MUST TAKE ACTION ;22
(j) T
RANSPARENCY AND ACCOUNTABILITY IN RAILROAD23
OPERATIONS ARE CRITICAL TO ENSURE THE SAFETY OF COLORADO'S24
RESIDENTS, PROTECT INFRASTRUCTURE AND THE ENVIRONMENT , AND25
PROMOTE LONG-TERM SUSTAINABILITY OF THE STATE'S ECONOMY, AND IT26
IS NECESSARY TO REQUIRE RAILROAD COMPANIES TO ANNUALLY REPORT27
1030
-7- THE LOCATIONS OF INSTALLED WAYSIDE DETECTOR SYSTEMS AND TRAIN1
LENGTH TO THE PUBLIC UTILITIES COMMISSION ; AND2
(k) A
BSENT A COLORADO-SPECIFIC RECOMMENDATION FROM THE3
FEDERAL RAILROAD ADMINISTRATION CONCERNING THE PLACEMENT OF4
WAYWARD DETECTOR SYSTEMS , AND WITH NO RECOMMENDATION5
PENDING IN THE IMMEDIATE FUTURE, THE GENERAL ASSEMBLY DEFERS TO6
THE EXPERT ADVICE OF RAILROAD OPERATORS .7
(4) T
HEREFORE, THE GENERAL ASSEMBLY HEREBY ENACTS THIS8
PART 3 TO:9
(a) P
ROMOTE TRANSPARENCY , ACCOUNTABILITY, AND SAFETY IN10
RAILROAD OPERATIONS IN THE STATE;11
(b) L
IMIT GREENHOUSE GAS EMISSIONS;12
(c) R
EDUCE THE RISK OF ACCIDENTS, DERAILMENTS, AND OTHER13
INCIDENTS ASSOCIATED WITH RAILROAD TRANSPORTATION ; AND14
(d) P
ROTECT THE HEALTH AND WELL -BEING OF COLORADO'S15
RESIDENTS AND ECOSYSTEMS .16
40-20-302. Definitions. A
S USED IN THIS PART 3, UNLESS THE17
CONTEXT OTHERWISE REQUIRES :18
(1) "A
CCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.19
(2) "C
LASS II RAILROAD" HAS THE MEANING SET FORTH IN 4920
U.S.C.
SEC. 20102 (1).21
(3) "C
LASS III RAILROAD" HAS THE MEANING SET FORTH IN 4922
U.S.C.
SEC. 20102 (1).23
(4) "D
ANGEROUS GOOD" MEANS A SUBSTANCE THAT:24
(a) I
S CORROSIVE, FLAMMABLE, EXPLOSIVE, SPONTANEOUSLY25
COMBUSTIBLE, OXIDIZING, OR WATER-REACTIVE;26
(b) H
AS THE POTENTIAL TO CAUSE SIGNIFICANT HARM TO AN27
1030
-8- INDIVIDUAL, PROPERTY, OR THE ENVIRONMENT; AND1
(c) D
OES NOT QUALIFY AS A HAZARDOUS MATERIAL AS DEFINED IN2
SUBSECTION (8) OF THIS SECTION.3
(5) "D
EFECT" INCLUDES, BUT IS NOT LIMITED TO, HOT WHEEL4
BEARINGS, HOT WHEELS, DEFICIENT BEARINGS DETECTED THROUGH5
ACOUSTIC MEANS, DRAGGING OF EQUIPMENT , EXCESSIVE HEIGHT,6
EXCESSIVE WEIGHT, A SHIFTED LOAD, A LOOSE HOSE, IMPROPER RAIL7
TEMPERATURE, OR A DEFICIENT WHEEL CONDITION.8
(6) "D
RAGGING EQUIPMENT DETECTOR " MEANS AN ELECTRONIC9
DEVICE OR OTHER TECHNOLOGY THAT MONITORS A PASSING TRAIN TO10
ACTIVELY DETECT AND ALERT OPERATORS OF THE TRAIN OF THE11
EXISTENCE OF ANY OBJECTS DRAGGING FROM THE TRAIN .12
(7) "F
UND" MEANS THE
RAIL DISTRICT MAINTENANCE AND13
SAFETY FUND CREATED IN SECTION 40-20-306.14
(8) "H
AZARDOUS MATERIAL" HAS THE MEANING SET FORTH IN 4915
CFR
171.8.16
(9) "H
IGHWAY-RAIL CROSSING" MEANS:17
(a) T
HE POINT AT WHICH ANY PUBLIC HIGHWAY IS OR WILL BE18
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD19
AT, ABOVE, OR BELOW GRADE;20
(b) T
HE POINT AT WHICH THE TRACKS OR OTHER FACILITIES OF A21
RAILROAD ARE OR MAY BE CONSTRUCTED ACROSS ANY PUBLIC HIGHWAY22
AT, ABOVE, OR BELOW GRADE;23
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE24
CONSTRUCTED ACROSS PRIVATE TRACKS ON WHICH ANY RAILROAD MAY25
OPERATE AT, ABOVE, OR BELOW GRADE; OR26
(d) T
HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY27
1030
-9- RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY1
PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.2
(10) "H
OT BEARINGS DETECTOR" MEANS AN INFRARED DETECTOR3
LOCATED ALONG RAILROAD TRACKS TO DETECT AND ALERT THE4
OPERATORS OF A PASSING TRAIN TO ANY OVERHEATING OF A TRAIN 'S5
BEARINGS, AXLES, OR WHEELS.6
(11) "I
NCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.7
(12) "M
AIN LINE" MEANS A SEGMENT OR ROUTE OF RAILROAD8
TRACKS OF ANY RAILROAD OVER WHICH FIVE MILLION OR MORE GROSS9
TONS OF RAILROAD TRAFFIC IS TRANSPORTED ANNUALLY AS DOCUMENTED10
IN TIMETABLES FILED WITH THE FEDERAL RAILROAD ADMINISTRATION11
PURSUANT TO 49 CFR 217.7. "MAIN LINE" DOES NOT INCLUDE TOURIST,12
SCENIC, HISTORIC, OR EXCURSION OPERATIONS AS DEFINED IN 49 CFR13
238.5.14
(13) "P
ASSENGER RAIL SYSTEM" HAS THE MEANING SET FORTH IN15
SECTION 32-22-102 (9).16
(14) "P
ATHWAY CROSSING" MEANS:17
(a) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE18
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD19
AT, ABOVE, OR BELOW GRADE;20
(b) T
HE POINT AT WHICH ANY TRACKS OR OTHER FACILITIES OF A21
RAILROAD ARE OR WILL BE CONSTRUCTED ACROSS ANY PUBLIC PATHWAY22
AT, ABOVE, OR BELOW GRADE;23
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE24
CONSTRUCTED ACROSS PRIVATE TRACKS OVER WHICH ANY RAILROAD MAY25
OPERATE AT, ABOVE, OR BELOW GRADE; OR26
(d) T
HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY27
1030
-10- RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY1
PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.2
(15) "P
UBLIC CROSSING" MEANS A HIGHWAY-RAIL CROSSING OR3
PATHWAY CROSSING WHERE THE HIGHWAY OR PATHWAY ON BOTH SIDES4
OF THE CROSSING IS UNDER THE JURISDICTION OF OR IS MAINTAINED BY A5
STATE OR LOCAL ROAD AUTHORITY AND IS OPEN TO PUBLIC TRAVEL .6
(16) "P
UBLIC UTILITIES COMMISSION" MEANS THE PUBLIC UTILITIES7
COMMISSION CREATED IN SECTION 40-2-101.8
(17) "R
AILROAD" MEANS A PERSON PROVIDING RAILROAD9
TRANSPORTATION.10
(18) "R
AILROAD TRANSPORTATION " MEANS ANY FORM OF11
NONHIGHWAY GROUND TRANSPORTATION THAT RUNS ON RAILS OR12
ELECTROMAGNETIC GUIDEWAYS . "RAILROAD TRANSPORTATION" DOES NOT13
INCLUDE RAPID TRANSIT OPERATIONS, PUBLIC TRANSPORTATION, RAIL14
FIXED GUIDEWAY OPERATIONS , OR COMMUTER PASSENGER RAIL THAT :15
(a) IS IN AN URBAN OR A SUBURBAN AREA ; AND16
(b) IS NOT CONNECTED TO A GENERAL OR AN INTERSTATE17
RAILROAD SYSTEM.18
(19) "SIDING" HAS THE MEANING SET FORTH IN 49 CFR 218.93.19
(20) "TRAIN" MEANS A LOCOMOTIVE UNIT OR LOCOMOTIVE UNITS ,20
WITH OR WITHOUT CARS, THAT REQUIRE AN AIR BRAKE TEST PURSUANT TO21
49
CFR 232 AND 49 CFR 238.22 (21) "WAYSIDE DETECTOR" MEANS AN ELECTRONIC DEVICE OR A23
SERIES OF CONNECTED DEVICES THAT MONITORS A PASSING TRAIN TO24
DETERMINE WHETHER THE TRAIN HAS A DEFECT , INCLUDING A HOT25
BEARINGS DETECTOR AND A DRAGGING EQUIPMENT DETECTOR .26
40-20-303. Maximum train length - wayside detector system27
1030
-11- required - exceptions - report - length of obstruction at public1
crossing. (1) A
RAILROAD SHALL NOT OPERATE A TRAIN THAT HAS A2
LENGTH GREATER THAN EIGHT THOUSAND FIVE HUNDRED FEET ON ANY3
MAIN LINE IN THE STATE.4
(2) E
XCEPT AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION:5
(a)
ON OR BEFORE JULY 1, 2026, AND THEREAFTER, A RAILROAD6
OPERATING A TRAIN ON ANY MAIN LINE IN THE STATE SHALL HAVE AN7
OPERATIONAL AND PROPERLY MAINTAINED WAYSIDE DETECTOR SYSTEM .8
A
LONG EACH MAIN LINE, THE WAYSIDE DETECTOR SYSTEM MUST HAVE A9
HOT BEARINGS DETECTOR AND A DRAGGING EQUIPMENT DETECTOR10
INSTALLED AT LEAST EVERY TEN MILES ; EXCEPT THAT THE WAYSIDE11
DETECTOR SYSTEM MAY HAVE A HOT BEARINGS DETECTOR AND A12
DRAGGING EQUIPMENT DETECTOR INSTALLED AT LEAST EVERY FIFTEEN13
MILES IF THE NATURAL TERRAIN REQUIRES THE INCREASED DISTANCE .14
(b) O
N OR BEFORE JANUARY 1, 2025, AND ON OR BEFORE JANUARY15
1
OF EACH YEAR THEREAFTER, A RAILROAD OPERATING A TRAIN ON ANY16
MAIN LINE IN THE STATE SHALL SUBMIT TO THE PUBLIC UTILITIES17
COMMISSION A REPORT THAT DISCLOSES , AT A MINIMUM, THE FOLLOWING18
INFORMATION:19
(I) T
HE NEAREST MILEPOST NUMBER , LATITUDE AND LONGITUDE20
COORDINATES, OR OTHER ATTRIBUTE THAT SPECIFICALLY IDENTIFIES THE21
LOCATION OF EACH INSTALLED WAYSIDE DETECTOR SYSTEM ;22
(II) T
HE TYPE AND CHARACTERISTIC OF EACH INSTALLED WAYSIDE23
DETECTOR SYSTEM;24
(III) T
HE OPERATIONAL STATUS OF ALL INSTALLED HOT BEARINGS25
DETECTORS AND DRAGGING EQUIPMENT DETECTORS ; AND26
(IV) A
NY OTHER INFORMATION REGARDING WAYSIDE DETECTOR27
1030
-12- SYSTEMS THAT THE PUBLIC UTILITIES COMMISSION DEEMS NECESSARY .1
(c) A
FTER A TRAIN RECEIVES A DEFECT MESSAGE FROM A WAYSIDE2
DETECTOR SYSTEM, THE RAILROAD OPERATING THE TRAIN SHALL :3
(I) S
TOP THE TRAIN IN ACCORDANCE WITH THE RAILROAD 'S4
APPLICABLE SAFETY PROCEDURES ;5
(II) I
NSPECT THE LOCATION OF THE DEFECT FROM A POSITION ON6
THE GROUND;7
(III) I
F THE INSPECTION INDICATES THAT THE TRAIN IS SAFE FOR8
MOVEMENT, PROCEED ALONG THE TRAIN 'S ROUTE AT A SPEED NOT9
GREATER THAN TEN MILES PER HOUR IF THE TRAIN IS CARRYING A10
HAZARDOUS MATERIAL OR DANGEROUS GOOD OR AT A SPEED OF NOT11
GREATER THAN THIRTY MILES PER HOUR IF THE TRAIN IS NOT CARRYING A12
HAZARDOUS MATERIAL OR DANGEROUS GOOD ;13
(IV) R
EMOVE AND SET OUT ANY DEFECTIVE CAR AT THE EARLIEST14
OPPORTUNITY;15
(V) RESUME AUTHORIZED SPEED ONLY AFTER THE NEXT WORKING16
WAYSIDE DETECTOR INDICATES THAT THERE ARE NO LONGER ANY17
DEFECTS;18
(VI) PREPARE A WRITTEN INSPECTION REPORT ; AND19
(VII) PROVIDE THE WRITTEN INSPECTION REPORT TO THE20
APPROPRIATE RAILROAD OFFICIAL.21
(3) S
UBSECTION (2) OF THIS SECTION DOES NOT APPLY TO A CLASS22
II
RAILROAD OR CLASS III RAILROAD UNLESS THE RAILROAD IS23
TRANSPORTING HAZARDOUS MATERIAL AT A SPEED EXCEEDING TEN MILES24
PER HOUR.25
(4) (a) EXCEPT FOR TRAINS OR EQUIPMENT STOPPED DUE TO26
MECHANICAL FAILURE WHERE SEPARATION OR MOVEMENT IS NOT27
1030
-13- POSSIBLE, ANY TRAIN OR EQUIPMENT OPERATING ON A MAIN LINE OR1
SIDING IN THE STATE SHALL BE OPERATED IN SUCH A MANNER AS TO2
MINIMIZE OBSTRUCTION OF EMERGENCY VEHICLES AT HIGHWAY-RAIL3
CROSSINGS. WHERE SUCH OBSTRUCTION OCCURS AND THE TRAIN CREW IS4
AWARE OF THE OBSTRUCTION, THE TRAIN CREW SHALL IMMEDIATELY TAKE5
ANY ACTION, CONSISTENT WITH SAFE OPERATING PROCEDURES ,6
NECESSARY TO CLEAR THE HIGHWAY -RAIL CROSSING.7
(b) UPON THE APPROACH OF AN EMERGENCY VEHICLE, IF THE8
EMERGENCY VEHICLE GIVES WARNING OF ITS APPROACH BY THE SOUNDING9
OF SIRENS, FLASHING OF LIGHTS, WAVING OF A FLAG, OR ANY OTHER10
WARNING SUFFICIENT TO ATTRACT ATTENTION TO THE EMERGENCY11
VEHICLE, THE TRAIN CREW SHALL SEPARATE THE TRAIN OR EQUIPMENT12
AND CLEAR THE CROSSING WITH ALL POSSIBLE DISPATCH TO PERMIT THE13
EMERGENCY VEHICLE TO PASS.14
(c) AS USED IN THIS SUBSECTION (4), "EMERGENCY VEHICLE"15
MEANS:16
(I) AN AMBULANCE OPERATED BY A PUBLIC AUTHORITY OR BY A17
PRIVATE PERSON;18
(II) A FIRE ENGINE;19
(III) A VEHICLE OPERATED BY A POWER COMPANY, ELECTRIC20
COMPANY, OR OTHER PUBLIC UTILITY;21
(IV) A VEHICLE USED FOR EMERGENCY PURPOSES BY THE FEDERAL22
GOVERNMENT OF THE UNITED STATES; OR23
(V) ANY OTHER VEHICLE THAT IS BEING OPERATED FOR THE24
PURPOSE OF SAVING LIFE OR PROPERTY OR RESPONDING TO ANY PUBLIC25
PERIL.26
40-20-304. Reporting violation to union representative -27
1030
-14- 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
TRACK IN CONNECTION7
WITH RAILROAD TRANSPORTATION IN THE STATE ; 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 SHALL HAVE THE ABILITY11
TO ENTER A RAILROAD'S INCIDENT SITE TO INVESTIGATE THE INCIDENT.12
BEFORE ENTERING, THE DESIGNATED UNION REPRESENTATIVE SHALL GIVE13
REASONABLE NOTICE TO THE APPROPRIATE RAILROAD OFFICER .14
40-20-305. Violations - penalties - rules. (1) I
F A RAILROAD OR15
ANY OFFICER, AGENT, OR EMPLOYEE OF THE RAILROAD VIOLATES SECTION16
40-20-303
OR, BY DENYING ENTRY TO A PLACE OF OPERATION , SECTION17
40-20-304
(2), THE PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF18
NOT LESS THAN TEN THOUSAND DOLLARS BUT NOT MORE THAN19
TWENTY-FIVE THOUSAND DOLLARS ON THE RAILROAD . EACH DAY OF A20
CONTINUING VIOLATION CONSTITUTES A SEPARATE VIOLATION .21
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE22
PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF UP TO ONE HUNDRED23
THOUSAND DOLLARS PER VIOLATION IF THE COMMISSION FINDS :24
(a) T
HE RAILROAD INTENTIONALLY OR KNOWINGLY VIOLATED25
SECTION 40-20-303 OR 40-20-304 (2); OR26
(b) T
HE RAILROAD'S VIOLATION WAS PART OF A PATTERN AND27
1030
-15- PRACTICE OF REPEATED VIOLATIONS OF SECTION 40-20-303 OR 40-20-3041
(2).2
(3) T
HE PUBLIC UTILITIES COMMISSION SHALL TRANSFER ALL FINES3
COLLECTED PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION TO4
THE STATE TREASURER, WHO SHALL CREDIT THE FINES TO THE FUND.5
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES6
FOR THE DETERMINATION, IMPOSITION, AND APPEAL OF FINES UNDER THIS7
SECTION.8
40-20-306. Rail district maintenance and safety fund - created.9
(1) THE RAIL DISTRICT MAINTENANCE AND SAFETY F UND IS HEREBY10
CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF ANY MONEY11
CREDITED TO THE FUND PURSUANT TO SECTION 40-20-305 (3) AND ANY12
OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR13
TRANSFER TO THE FUND.14
(2) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND15
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE16
FUND TO THE FUND.17(3) FOR THE 2025-26 STATE FISCAL YEAR AND EACH STATE FISCAL18
YEAR THEREAFTER, MONEY IN THE FUND IS ANNUALLY APPROPRIATED TO19
THE TRANSIT AND RAIL DIVISION IN THE DEPARTMENT OF20
TRANSPORTATION. THE DIVISION MAY EXPEND THE MONEY RECEIVED FOR21
THE PURPOSES OF:22
(a) S
AFETY PLANNING AND DEVELOPMENT DURING THE RESEARCH ,23
DEVELOPMENT, AND CONSTRUCTION OF A PASSENGER RAIL SYSTEM ;24
(b) M
AINTAINING A PASSENGER RAIL SYSTEM ; AND25
(c) C
OMPLETING CAPITAL DEVELOPMENT PROJECTS TO IMPROVE26
THE SAFETY OF A PASSENGER RAIL SYSTEM .27
1030
-16- 40-20-307. Training - rules. (1) O N OR BEFORE JULY 1, 2025,1
AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER , EACH RAILROAD2
SHALL OFFER TRAINING TO EACH FIRE DEPARTMENT HAVING JURISDICTION3
ALONG TRACKS UPON WHICH THE RAILROAD OPERATES IN THE STATE . IN4
SATISFYING THIS REQUIREMENT, A RAILROAD MAY OFFER SUCH TRAINING5
SIMULTANEOUSLY TO MORE THAN ONE FIRE DEPARTMENT .6
(2) T
HE TRAINING DESCRIBED IN SUBSECTION (1) OF THIS SECTION7
MUST:8
(a) A
DDRESS THE GENERAL HAZARDS OF DANGEROUS GOODS AND9
HAZARDOUS MATERIALS , TECHNIQUES TO ASSESS RISKS POSED TO THE10
ENVIRONMENT AND TO THE SAFETY OF EMERGENCY RESPONDERS AND THE11
PUBLIC, FACTORS AN INCIDENT COMMANDER MUST CONSIDER IN12
DETERMINING WHETHER TO A TTEMPT TO SUPPRESS A FIRE OR TO13
EVACUATE THE PUBLIC AND EMERGENCY RESPONDERS FROM AN AREA ,14
PUBLIC NOTIFICATION PROCESSES , ENVIRONMENTAL CONTAMINATION15
RESPONSE, RESOURCE COORDINATION, AND OTHER STRATEGIES FOR16
INITIAL RESPONSE BY EMERGENCY RESPONDERS ; AND17
(b) I
NCLUDE SAFETY DRILLS THAT IMPLEMENT SUGGESTED18
PROTOCOLS OR PRACTICES FOR EMERGENCY RESPONDERS TO USE TO19
SAFELY ACCOMPLISH THE TASK S DESCRIBED IN SUBSECTION (2)(a) OF THIS20SECTION. EACH RAILROAD OPERATING TRAINS IN COLORADO SHALL21
CONDUCT AT LEAST ONE OIL CONTAINMENT, RECOVERY, AND SENSITIVE22
AREA PROTECTION WALKTHROUGH; TABLETOP EXERCISE; OR FUNCTIONAL23
EXERCISE INVOLVING OIL OR HAZARDOUS SUBSTANCES EVERY YEAR, AND24
AT LEAST ONE FULL-SCALE EXERCISE EVERY FIVE YEARS , IN25
COORDINATION WITH LOCAL EMERGENCY MANAGEMENT ORGANIZATIONS26
AND LOCAL FIRE CHIEFS.27
1030
-17- (3) THE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES1
FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING RULES2
CONCERNING TRAINING CONTENT, SAFETY DRILLS, COMMUNICATION, AND3
RAILROAD INCIDENT RESPONSE REQUIREMENTS .4
40-20-308. Insurance coverage required - rules - investigations5
- public hearings - violations - fines. (1) I
N ADDITION TO ANY6
INSURANCE COVERAGE REQUIRED BY ANY PROVISION OF LAW , A RAILROAD7
THAT TRANSPORTS HAZARDOUS MATERIAL IN COLORADO SHALL MAINTAIN8
INSURANCE COVERAGE IN AN AMOUNT THAT IS ADEQUATE TO PAY FOR9
COSTS, DAMAGES, AND LIABILITIES ARISING FROM ACCIDENTS INVOLVING10
SUCH TRANSPORTATION. A RAILROAD SHALL MAINTAIN THE INSURANCE11
COVERAGE IN THE MINIMUM AMOUNTS AS ARE REQUIRED BY RULES12
PROMULGATED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO13
SUBSECTION (3) OF THIS SECTION.14
(2) O
N OR BEFORE JANUARY 1, 2025, AND ON OR BEFORE EACH15
J
ANUARY 1 THEREAFTER, EACH RAILROAD THAT TRANSPORTS HAZAR DOUS16
MATERIAL IN COLORADO SHALL SUBMIT TO THE PUBLIC UTILITIES17
COMMISSION A CERTIFICATE OF INSURANCE OR SIMILAR DOCUMENTATION18
THAT DEMONSTRATES THE RAILROAD 'S COMPLIANCE WITH THIS SECTION19
AND RULES PROMULGATED PURSUANT TO THIS SECTION .20
(3) O
N OR BEFORE NOVEMBER 1, 2024, THE PUBLIC UTILITIES21
COMMISSION SHALL PROMULGATE RULES ESTABLISHING MINIMUM22
INSURANCE COVERAGE REQUIREMENTS FOR RAILROADS THAT TRANSPORT23
HAZARDOUS MATERIAL IN COLORADO, AS DESCRIBED IN SUBSECTION (1)24
OF THIS SECTION. IN ESTABLISHING THE REQUIREMENTS , THE PUBLIC25
UTILITIES COMMISSION SHALL CONSIDER THE TYPE AND QUANTITY OF26
HAZARDOUS MATERIALS TRANSPORTED , THE ROUTES USED, AND OTHER27
1030
-18- RELEVANT RISK FACTORS.1
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL CONDUCT PERIODIC2
AUDITS OR INVESTIGATIONS TO ENSURE EACH RAILROAD 'S COMPLIANCE3
WITH THE INSURANCE REQUIREMENTS DESCRIBED IN THIS SECTION .4
(5) A
T LEAST ONCE EACH YEAR, THE PUBLIC UTILITIES COMMISSION5
SHALL HOLD A PUBLIC HEARING AT WHICH INTERESTED STAKEHOLDERS6
AND MEMBERS OF THE PUBLIC MAY PROVIDE COMMENTS CONCERNING THE7
IMPLEMENTATION OF THIS SECTION.8
(6) A
RAILROAD THAT VIOLATES THIS SECTION IS SUBJECT TO A9
FINE IN AN AMOUNT OF AT LEAST ONE THOUSAND DOLLARS , BUT NOT10
EXCEEDING FIVE THOUSAND DOLLARS , FOR EACH DAY OF11
NONCOMPLIANCE.12
40-20-309. Severability. IF ANY PROVISION OF THIS PART 3 OR THE13
APPLICATION OF THIS PART 3 TO ANY PERSON OR CIRCUMSTANCE IS HELD14
INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR15
APPLICATIONS OF THIS PART 3 THAT CAN BE GIVEN EFFECT WITHOUT THE16
INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF17
THIS PART 3 ARE DECLARED TO BE SEVERABLE.18
SECTION 2. Appropriation. (1) For the 2024-25 state fiscal19
year, $11,651 is appropriated to the department of regulatory agencies for20
use by the public utilities commission. This appropriation is from the21
general fund. To implement this act, the commission may use this22
appropriation as follows:23
(a) $11,523 for personal services, which amount is based on an24
assumption that the commission will require an additional 0.1 FTE; and25
(b) $128 for operating expenses.26
SECTION 3. Effective date. This act takes effect July 1, 2024.27
1030
-19- SECTION 4. Safety clause. The general assembly finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety or for appropriations for3
the support and maintenance of the departments of the state and state4
institutions.5
1030
-20-