Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0247.01 Richard Sweetman x4333
HOUSE BILL 24-1030
House Committees Senate Committees
Transportation, Housing & Local Government Transportation & Energy
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING RAILROAD SAFETY , AND, IN CONNECTION THEREWITH ,101
REQUIRING CERTAIN RAILROADS TO USE WAYSIDE DETECTOR
102
SYSTEMS, OPERATE TRAINS IN A MANNER THAT MINIMIZES THE103
OBSTRUCTION OF EMERGENCY VEHICLES AT HIGHWAY -RAIL104
CROSSINGS, AND, WHEN NECESSARY TO ALLOW AN EMERGENCY105
VEHICLE TO PASS, SEPARATE A TRAIN; AUTHORIZING A CREW106
MEMBER'S DESIGNATED UNION REPRESENTATIVE TO107
INVESTIGATE CERTAIN REPORTED INCIDENTS ; AUTHORIZING THE108
PUBLIC UTILITIES COMMISSION TO IMPOSE FINES FOR CERTAIN109
VIOLATIONS; REQUIRING FINE REVENUE TO BE PAID TO THE110
TRANSIT AND RAIL DIVISION IN THE DEPARTMENT OF111
TRANSPORTATION FOR THE PURPOSES OF MAINTAINING AND112
IMPROVING THE SAFETY OF A PASSENGER RAIL SYSTEM;113
SENATE
Amended 2nd Reading
May 6, 2024
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. CREATING THE OFFICE OF RAIL SAFETY ; CREATING THE101
COMMUNITY RAIL SAFETY ADVISORY COMMITTEE ; CREATING102
THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE ; AND103
MAKING AN APPROPRIATION .104
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
1030-2- 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
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
1030-3- NUMBER OF COMMUNITIES THROUGH WHICH RAILROADS OPERATE1
NECESSITATE THAT THE STATE TAKE DECISIVE ACTION TO PREVENT AND2
MITIGATE POTENTIAL HARM TO THE ENVIRONMENT AND COLORADO3
RESIDENTS FROM DERAILMENTS AND OTHER ACCIDENTS ;4
(e) R
AILROAD TRACKS FREQUENTLY BISECT COMMUNITIES WITH5
POPULATIONS OF BLACK PEOPLE, INDIGENOUS PEOPLE, AND OTHER PEOPLE6
OF COLOR AND LOW-INCOME COMMUNITIES ACROSS COLORADO, MEANING7
THAT ANY DERAILMENT WILL LIKELY DISPROPORTIONATELY IMPACT THOSE8
COMMUNITIES, WHICH NECESSITATES THAT COLORADO TAKE EXTRA9
PRECAUTIONS TO PREVENT DERAILMENTS ;10
(f) T
HE FREQUENCY OF TRAIN ACCIDENTS INVOLVING HAZARDOUS11
MATERIALS HAS INCREASED IN THE LAST TWENTY YEARS . BEGINNING IN12
1990,
RAILROADS STARTED LOBBYING FOR LESS REGULATION OF THE13
TRANSPORTATION OF HAZARDOUS MATERIALS , AND A REDUCTION IN14
REGULATION RESULTED IN A GREATER NUMBER OF DERAILMENTS . WHEN15
RAILROADS IMPLEMENTED PRECISION SCHEDULING TO INCREASE PROFITS16
BEGINNING IN 2010, THE NUMBER OF DERAILMENTS INVOLVING17
HAZARDOUS MATERIALS INCREASED SIGNIFICANTLY .18
(g) T
HE SAFE AND EFFICIENT OPERATION OF RAILROADS REQUIRES19
SEVERAL FACTORS, INCLUDING REGULARLY MAINTAINING RAILROAD20
TRACKS AND ROLLING STOCK , APPROPRIATELY USING TECHNOLOGY TO21
DETECT AND ADDRESS MECHANICAL AND OTHER ISSUES , EMPLOYING22
EXPERIENCED AND WELL-PAID WORKERS WITH CRITICAL SKILL SETS TO23
RECOGNIZE AND AVOID ACCIDENTS , AND LIMITING THE NUMBER OF CARS24
THAT TRAINS CARRY TO ENSURE THAT TRAINS HAVE REASONABLE25
LENGTHS.26
27
1030
-4- (2) THE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND1
DECLARES THAT:2
(a) R
AILROADS UTILIZE NUMEROUS FORMS OF AVAILABLE3
TECHNOLOGY TO DETECT AND PREVENT VARIOUS EQUIPMENT FAILURES ,4
INCLUDING INSTALLING WAYSIDE DETECTOR SYSTEMS ADJACENT TO A5
MAIN LINE;6
(b) T
WO OF THE MOST COMMON WAYSIDE DETECTOR7
TECHNOLOGIES THAT RAILROADS CURRENTLY USE ARE HOT BEARING8
DETECTORS THAT USE INFRARED SENSORS TO MEASURE THE9
TEMPERATURES OF BEARINGS ON PASSING TRAINS AND DRAGGING10
EQUIPMENT DETECTORS THAT DETECT OBJECTS DRAGGING ALONG A11
TRACK;12
(c) U
SING HOT BEARING DETECTORS AND DRAGGING EQUIPMENT13
DETECTORS AT REGULAR INTERVALS ALONG A RAILROAD TRACK CAN14
REDUCE THE RISK OF DERAILMENTS , ACCIDENTS, AND OTHER INCIDENTS15
AND PROMOTE THE SAFE AND EFFICIENT MOVEMENT OF GOODS ACROSS16
THE STATE;17
(d) T
HESE WAYSIDE DETECTOR SYSTEMS ARE HIGHLY EFFECTIVE ,18
PREVENTIVE TOOLS THAT CAN ALERT RAILROAD CREWS TO PROBLEMS SO19
THEY CAN TAKE IMMEDIATE ACTION TO PREVENT ACCIDENTS OR20
DERAILMENTS;21
(e) T
HE FEDERAL RAILROAD ADMINISTRATION RECOMMENDS BUT22
DOES NOT REQUIRE THE PLACEMENT OF HOT BEARING DETECTORS AT23
INTERVALS OF FORTY MILES, WHILE RAILROAD EXPERTS NATIONWIDE HAVE24
CALLED FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF HOT25
BEARING DETECTORS;26
(f) T
HE FEDERAL RAILROAD ADMINISTRATION ALSO RECOMMENDS27
1030
-5- BUT DOES NOT REQUIRE THE INSTALLATION OF DRAGGING EQUIPMENT1
DETECTORS AT INTERVALS OF NO MORE THAN TWENTY -FIVE MILES ON2
RAILROAD TRACKS ON WHICH TRAINS OPERATE AT SPEEDS OF SIXTY MILES3
PER HOUR OR MORE, WHILE RAILROAD EXPERTS NATIONWIDE HAVE CALLED4
FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF DRAGGING5
EQUIPMENT DETECTORS;6
(g) T
HE FEDERAL RAILROAD ADMINISTRATION 'S RECOMMENDED7
SPACING DISTANCES DO NOT CONSIDER THE UNIQUE AND CHALLENGING8
DYNAMICS OF OPERATING RAILROADS SAFELY IN COLORADO, DO NOT9
ADEQUATELY PREVENT ACCIDENTS AND DERAILMENTS , AND DO NOT10
PROACTIVELY PROTECT COLORADO'S RESIDENTS, COMMUNITIES, AND11
ENVIRONMENT FROM HARM ;12
(h) R
AILROADS ARE NOT CURRENTLY REQUIRED TO DISCLOSE13
WHERE WAYSIDE DETECTORS ARE INSTALLED OR WHETHER THE14
DETECTORS ARE OPERATIONAL , NOR ARE THEY REQUIRED TO CONSIDER15
VARIABLE TRACK CONDITIONS IN THE PLACEMENT OF DETECTORS .16
W
ITHOUT THIS INFORMATION, THE GENERAL ASSEMBLY , THE PUBLIC17
UTILITIES COMMISSION, AND THE PUBLIC ARE FORCED TO RELY ONLY ON18
THE ASSERTIONS OF RAILROADS THAT THEY ARE ADEQUATELY19
MONITORING TRACKS AND TRAINS FOR PROBLEMS .20
(i) R
ECENT DERAILMENTS AND ACCIDENTS ACROSS THE COUNTRY21
HAVE HIGHLIGHTED THAT RAILROADS ARE NOT ADEQUATELY MONITORING22
FOR PROBLEMS OR TAKING PREVENTIVE ACTION , THAT SEVERE INJURY TO23
INDIVIDUALS AND SEVERE DAMAGE TO THE ENVIRONMENT AND24
INFRASTRUCTURE ARE PREVENTABLE AND UNNECESSARY , AND THAT THE25
GENERAL ASSEMBLY MUST TAKE ACTION ;26
(j) T
RANSPARENCY AND ACCOUNTABILITY IN RAILROAD27
1030
-6- OPERATIONS ARE CRITICAL TO ENSURE THE SAFETY OF COLORADO'S1
RESIDENTS, PROTECT INFRASTRUCTURE AND THE ENVIRONMENT , AND2
PROMOTE LONG-TERM SUSTAINABILITY OF THE STATE'S ECONOMY, AND IT3
IS NECESSARY TO REQUIRE RAILROAD COMPANIES TO ANNUALLY REPORT4
THE LOCATIONS OF INSTALLED WAYSIDE DETECTOR SYSTEMS AND TRAIN5
LENGTH TO THE PUBLIC UTILITIES COMMISSION ; AND6
(k) A
BSENT A COLORADO-SPECIFIC RECOMMENDATION FROM THE7
FEDERAL RAILROAD ADMINISTRATION CONCERNING THE PLACEMENT OF8
WAYWARD DETECTOR SYSTEMS , AND WITH NO RECOMMENDATION9
PENDING IN THE IMMEDIATE FUTURE, THE GENERAL ASSEMBLY DEFERS TO10
THE EXPERT ADVICE OF RAILROAD OPERATORS .11
(3)
THEREFORE, THE GENERAL ASSEMBLY HEREBY ENACTS THIS12
PART 3 TO:13
(a) P
ROMOTE TRANSPARENCY , ACCOUNTABILITY, AND SAFETY IN14
RAILROAD OPERATIONS IN THE STATE;15
(b) L
IMIT GREENHOUSE GAS EMISSIONS;16
(c) R
EDUCE THE RISK OF ACCIDENTS, DERAILMENTS, AND OTHER17
INCIDENTS ASSOCIATED WITH RAILROAD TRANSPORTATION ; AND18
(d) P
ROTECT THE HEALTH AND WELL -BEING OF COLORADO'S19
RESIDENTS AND ECOSYSTEMS .20
40-20-302. Definitions. A
S USED IN THIS PART 3, UNLESS THE21
CONTEXT OTHERWISE REQUIRES :22
(1) "A
CCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.23
(2) "C
LASS I RAILROAD" HAS THE MEANING SET FORTH IN 49
24
U.S.C.
SEC. 20102 (1).
25
(3) "CLASS II RAILROAD" HAS THE MEANING SET FORTH IN 4926
U.S.C.
SEC. 20102 (1).27
1030
-7- (4) "CLASS III RAILROAD" HAS THE MEANING SET FORTH IN 491
U.S.C.
SEC. 20102 (1).2
(5) "C
OMMUNITY RAIL SAFETY ADVISORY COMMITTEE " MEANS THE
3
COMMUNITY RAIL SAFETY ADVISORY COMMITTEE " CREATED IN SECTION4
40-20-312.5
6
(6) "DEFECT" INCLUDES, BUT IS NOT LIMITED TO, HOT WHEEL7
BEARINGS, HOT WHEELS, DEFICIENT BEARINGS DETECTED THROUGH8
ACOUSTIC MEANS, DRAGGING OF EQUIPMENT , EXCESSIVE HEIGHT,9
EXCESSIVE WEIGHT, A SHIFTED LOAD, A LOOSE HOSE, IMPROPER RAIL10
TEMPERATURE, OR A DEFICIENT WHEEL CONDITION.11
(7) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
12
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).13
(8) "DRAGGING EQUIPMENT DETECTOR " MEANS AN ELECTRONIC14
DEVICE OR OTHER TECHNOLOGY THAT MONITORS A PASSING TRAIN TO15
ACTIVELY DETECT AND ALERT OPERATORS OF THE TRAIN OF THE16
EXISTENCE OF ANY OBJECTS DRAGGING FROM THE TRAIN .17
(9) "FUND" MEANS THE RAIL DISTRICT MAINTENANCE AND18
SAFETY FUND CREATED IN SECTION 40-20-309.19
(10) "HAZARDOUS MATERIAL" HAS THE MEANING SET FORTH IN 4920
CFR
171.8.21
(11)
"HIGHWAY-RAIL CROSSING" MEANS:22
(a) T
HE POINT AT WHICH ANY PUBLIC HIGHWAY IS OR WILL BE23
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD24
AT, ABOVE, OR BELOW GRADE;25
(b) T
HE POINT AT WHICH THE TRACKS OR OTHER FACILITIES OF A26
RAILROAD ARE OR MAY BE CONSTRUCTED ACROSS ANY PUBLIC HIGHWAY27
1030
-8- AT, ABOVE, OR BELOW GRADE;1
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE2
CONSTRUCTED ACROSS PRIVATE TRACKS ON WHICH ANY RAILROAD MAY3
OPERATE AT, ABOVE, OR BELOW GRADE; OR4
(d) T
HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY5
RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY6
PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.7
(12)
"HOT BEARINGS DETECTOR" MEANS AN INFRARED DETECTOR8
LOCATED ALONG RAILROAD TRACKS TO DETECT AND ALERT THE9
OPERATORS OF A PASSING TRAIN TO ANY OVERHEATING OF A TRAIN 'S10
BEARINGS, AXLES, OR WHEELS.11
(13) "INCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.12
(14) "MAIN LINE" MEANS A SEGMENT OR ROUTE OF RAILROAD13
TRACKS OF ANY RAILROAD OVER WHICH FIVE MILLION OR MORE GROSS14
TONS OF RAILROAD TRAFFIC IS TRANSPORTED ANNUALLY AS DOCUMENTED15
IN TIMETABLES FILED WITH THE FEDERAL RAILROAD ADMINISTRATION16
PURSUANT TO 49 CFR 217.7. "MAIN LINE" DOES NOT INCLUDE TOURIST,17
SCENIC, HISTORIC, OR EXCURSION OPERATIONS AS DEFINED IN 49 CFR18
238.5.19
(15) "PASSENGER RAIL SYSTEM" HAS THE MEANING SET FORTH IN20
SECTION 32-22-102 (9).21
(16) "PATHWAY CROSSING" MEANS:22
(a) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE23
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD24
AT, ABOVE, OR BELOW GRADE;25
(b) T
HE POINT AT WHICH ANY TRACKS OR OTHER FACILITIES OF A26
RAILROAD ARE OR WILL BE CONSTRUCTED ACROSS ANY PUBLIC PATHWAY27
1030
-9- AT, ABOVE, OR BELOW GRADE;1
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE2
CONSTRUCTED ACROSS PRIVATE TRACKS OVER WHICH ANY RAILR OAD MAY3
OPERATE AT, ABOVE, OR BELOW GRADE; OR4
(d) T
HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY5
RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY6
PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.7
(17)
"PUBLIC CROSSING" MEANS A HIGHWAY-RAIL CROSSING OR8
PATHWAY CROSSING WHERE THE HIGHWAY OR PATHWAY ON BOTH SIDES9
OF THE CROSSING IS UNDER THE JURISDICTION OF OR IS MAINTAINED BY A10
STATE OR LOCAL ROAD AUTHORITY AND IS OPEN TO PUBLIC TRAVEL .11
(18) "PUBLIC UTILITIES COMMISSION" OR "COMMISSION" MEANS12
THE PUBLIC UTILITIES COMMISSION CREATED IN SECTION 40-2-101.13
(19) "R
AIL INDUSTRY SAFETY ADVISORY COMMITTEE " MEANS THE
14
RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED IN SECTION15
40-20-313.16
(20) "RAILROAD" MEANS A PERSON PROVIDING RAILROAD17
TRANSPORTATION.18
(21) "RAILROAD TRANSPORTATION " MEANS ANY FORM OF19
NONHIGHWAY GROUND TRANSPORTATION THAT RUNS ON RAILS OR20
ELECTROMAGNETIC GUIDEWAYS . "RAILROAD TRANSPORTATION" DOES NOT21
INCLUDE RAPID TRANSIT OPERATIONS, PUBLIC TRANSPORTATION, RAIL22
FIXED GUIDEWAY OPERATIONS , OR COMMUTER PASSENGER RAIL THAT :23
(a) IS IN AN URBAN OR A SUBURBAN AREA ; AND24
(b) IS NOT CONNECTED TO A GENERAL OR AN INTERSTATE25
RAILROAD SYSTEM.26
(22) "SIDING" HAS THE MEANING SET FORTH IN 49 CFR 218.93.27
1030
-10- (23) "TRAIN" MEANS A LOCOMOTIVE UNIT OR LOCOMOTIVE UNITS ,1
WITH OR WITHOUT CARS, THAT REQUIRE AN AIR BRAKE TEST PURSUANT TO2
49
CFR 232 AND 49 CFR 238.3
(24)
"WAYSIDE DETECTOR" MEANS AN ELECTRONIC DEVICE OR A4
SERIES OF CONNECTED DEVICES THAT MONITORS A PASSING TRAIN TO5
DETERMINE WHETHER THE TRAIN HAS A DEFECT , INCLUDING A HOT6
BEARINGS DETECTOR AND A DRAGGING EQUIPMENT DETECTOR .7
8
40-20-303. Wayside detector systems - obstructions at public9
crossings - reports. (1) O
N OR BEFORE JANUARY 1, 2025, AND ON OR
10
BEFORE JANUARY 1 OF EACH YEAR THEREAFTER, A RAILROAD OPERATING11
ANY MAIN LINE IN THE STATE SHALL SUBMIT TO THE PUBLIC UTILITIES12
COMMISSION A PUBLIC REPORT THAT DISCLOSES , AT A MINIMUM, THE13
FOLLOWING INFORMATION :14
(a) A
N OVERVIEW OF THE TYPES OF, GENERAL LOCATIONS OF, AND
15
SPACING BETWEEN WAYSIDE DETECTORS ON MAIN LINES IN COLORADO;16
(b) A
GENERAL DESCRIPTION OF HOW THE WAYSIDE DETECTOR
17
SYSTEM PROMOTES SAFETY, INCLUDING PLANS TO ADJUST OR IMPROVE THE18
WAYSIDE DETECTOR SYSTEM OR REVIEW WAYSIDE D ETECTOR19
TECHNOLOGY;20
(c) A
GENERAL DESCRIPTION OF THE PROCESS BY WHICH DEFECTS
21
OR OTHER DETECTIONS ARE MANAGED IN ORDER TO PROVIDE NOTICE TO22
TRAIN OPERATORS AND OTHERS ; AND23
(d) T
HE PERCENTAGE OF TIME THAT EACH TYPE OF WAYSIDE
24
DETECTOR WAS OPERATIONAL FOR THE PREVIOUS YEAR .25
(2) (a) E
XCEPT FOR TRAINS OR EQUIPMENT STOPPED DUE TO
26
MECHANICAL FAILURE WHERE SEPARATION OR MOVEMENT IS NOT27
1030
-11- POSSIBLE, THE STATE EXPECTS THAT ANY TRAIN OR EQUIPMENT1
OPERATING ON A MAIN LINE OR SIDING IN THE STATE SHOULD BE OPERATED2
IN SUCH A MANNER AS TO MINIMIZE OBSTRUCTION OF EMERGENCY3
VEHICLES AT HIGHWAY-RAIL CROSSINGS. UPON THE APPROACH OF AN4
EMERGENCY VEHICLE TO ANY BLOCKED CROSSING , AN EMERGENCY5
VEHICLE MAY GIVE WARNING OF ITS APPROACH BY THE SOUNDING OF6
SIRENS, FLASHING OF LIGHTS, WAVING OF A FLAG, OR ANY OTHER WARNING7
SUFFICIENT TO ATTRACT ATTENTION TO THE EMERGENCY VEHICLE TO8
ALLOW THE TRAIN CREW TO SEPARATE THE TRAIN OR EQUIPMENT AND9
CLEAR THE CROSSING WITH ALL POSSIBLE DISPATCH TO PERMIT THE10
EMERGENCY VEHICLE TO PASS. IF A BLOCKED CROSSING IS NOT CLEARED,11
THE ENTITY OPERATING THE EMERGENCY VEHICLE OR THE DEPARTMENT12
OF PUBLIC SAFETY SHALL REQUEST THAT THE RAILROAD IMMEDIATELY13
TAKE ANY ACTION, CONSISTENT WITH SAFE OPERATING PROCEDURES ,14
NECESSARY TO CLEAR THE HIGHWAY -RAIL CROSSING.15
(b) T
HE DEPARTMENT OF PUBLIC SAFETY SHALL , AND OTHER
16
EMERGENCY VEHICLE OPERATORS MAY , REPORT TO THE OFFICE OF RAIL17
SAFETY THE DETAILS OF ANY EVENT IN WHICH AN EMERGENCY VEHICLE18
WAS STOPPED OR DELAYED BY A TRAIN BLOCKING A HIGHWAY -RAIL19
CROSSING, ANY REQUEST THAT WAS MADE TO CLEAR THE CROSSING , THE20
RESOLUTION OF ANY SUCH REQUEST , AND ANY EFFECTS THAT THE DELAY21
OF THE EMERGENCY VEHICLE HAD ON THE EMERGENCY RESPONSE .22
(c) A
S USED IN THIS SUBSECTION (2), "EMERGENCY VEHICLE"
23
MEANS:24
(I) AN AMBULANCE OPERATED BY A PUBLIC AUTHORITY OR BY A25
PRIVATE PERSON;26
(II) A
POLICE VEHICLE;
27
1030
-12- (III) A FIRE ENGINE;1
(IV) A VEHICLE OPERATED BY A POWER COMPANY , ELECTRIC2
COMPANY, OR OTHER PUBLIC UTILITY;3
(V) A VEHICLE USED FOR EMERGENCY PURPOSES BY THE FEDERAL4
GOVERNMENT OF THE UNITED STATES; OR5
(VI) ANY OTHER VEHICLE THAT IS BEING OPERATED FOR THE6
PURPOSE OF SAVING LIFE OR PROPERTY OR RESPONDING TO ANY PUBLIC7
PERIL.8
40-20-304. Emergency operations. (1) S
TATE EMERGENCY
9
RESPONSE AUTHORITIES MAY RECOMMEND ACTIONS NECESSARY TO10
PROTECT RAILROADS, RAIL WORKERS, AND PUBLIC SAFETY IN THE EVENT11
OF AN EMERGENCY SUCH AS WILDFIRE , FLOOD, EARTH MOVEMENT, OR12
CIVIL DISORDER, INCLUDING STOPPING OR REROUTING RAIL TRAFFIC IF13
DEEMED NECESSARY.14
(2) A
RAILROAD SHALL RESPOND TO A STATE EMERGENCY
15
RESPONSE AUTHORITY PROMPTLY AND WORK CLOSELY WITH STATE AND16
LOCAL OFFICIALS DURING EMERGENCIES TO COORDINATE RESPONSE17
EFFORTS AND ENSURE THE SAFETY OF RAIL PERSONNEL AND THE PUBLIC .18
40-20-305. Incident response requirements. (1) (a) A
RAILROAD
19
OPERATING IN COLORADO THAT ACCOMM ODATES HIGH -HAZARD20
FLAMMABLE TRAINS OR HIGH-HAZARD HIGH-CONSEQUENCE HAZARDOUS21
MATERIAL SHALL COORDINATE WITH THE DEPARTMENT OF PUBLIC SAFETY22
REGARDING EMERGENCY RESPONSE AND SPILL RESPONSE CAPACITY AND23
PLANNING. THE RAILROAD AND THE DEPARTMENT OF PUBLIC SAFETY24
SHALL COORDINATE REGARDING THE ADEQUACY OF CACHES OF25
EQUIPMENT, SUPPLIES, AND AVAILABLE STAFF TO MITIGATE ALL HAZARDS26
LIKELY WITHIN THE AREA COVERED BY EACH CACHE , INCLUDING27
1030
-13- CONSIDERATION OF:1
(I) F
IRE SUPPRESSION FOAM AND FOAM SYSTEMS ;
2
(II) A
BSORBENT MATERIALS AND CONTAINMENT BOOMS ;
3
(III) S
PECIALIZED LEAK MITIGATION AND REPAIR KITS ;
4
(IV) C
HEMICAL PROTECTIVE CLOTHING ;
5
(V) P
ERSONNEL DECONTAMINATION SUPPLIES ;
6
(VI) I
NTEROPERABLE COMMUNICATION EQUIPMENT ; AND
7
(VII) R
ESPONSE TIMES.
8
(b) A
RAILROAD SHALL ENSURE THAT LOCAL AND STATE FIRST
9
RESPONDERS HAVE ACCESS TO THE CACHED EQUIPMENT NECESSARY TO10
RESPOND TO RAIL INCIDENTS.11
(c) R
ESOURCES DESCRIBED IN THIS SUBSECTION (1) MAY BE
12
MAINTAINED:13
(I) A
S PARTNERSHIPS WITH FEDERAL, STATE, COUNTY, OR LOCAL
14
AGENCIES, INCLUDING LOCAL FIRE DEPARTMENTS AND POLICE15
DEPARTMENTS; OR16
(II) P
URSUANT TO CONTRACTS WITH OTHER RAILROADS OR
17
EMERGENCY RESPONSE ENTITIES .18
(2) N
OTHING IN THIS SECTION CREATES ANY DUTY FOR A LOCAL
19
GOVERNMENT; EXCEPT THAT A LOCAL GOVERNMENT MAY AGREE TO20
ASSUME DUTIES DELEGATED TO THE LOCAL GOVERNMENT BY A RAILROAD .21
(3) A
RAILROAD MAY PARTNER WITH ONE OR MORE COUNTIES OR
22
OTHER REGIONAL ENTITIES TO SUPPORT REGIONAL HAZARDOUS MATERIALS23
TEAMS AND CAPABILITIES.24
(4) E
ACH RAILROAD SHALL COORDINATE WITH THE DEPARTMENT
25
OF PUBLIC SAFETY TO CONDUCT AT LEAST TWO HAZARDOUS MATERIALS26
RESPONSE TABLETOP EXERCISES EACH YEAR WITH OTHER FEDERAL ,27
1030
-14- REGIONAL, STATE, AND LOCAL AGENCIES , INCLUDING AT LEAST ONE1
SCENARIO INVOLVING DERAILMENT AND RELEASE OF CRUDE OIL OR OTHER2
FLAMMABLE MATERIALS AND AT LEAST ONE INCIDENT WITH DERAILMENT3
INVOLVING INHALATION HAZARDS .4
40-20-306. Emergency notifications. (1) W
ITHIN THIRTY
5
MINUTES AFTER DISCOVERING AN EMERGENCY INVOLVING A TRAIN ,6
UNLESS COMMUNICATION IS IMPOSSIBLE , THE RAILROAD OPERATING THE7
TRAIN SHALL NOTIFY THE STATE'S WATCH CENTER OF THE EMERGENCY BY8
TELEPHONE OR ANOTHER AGREED -UPON METHOD OF COMMUNICATION TO9
ENSURE THAT AUTHORITIES CAN RESPOND SWIFTLY AND APPROPRIATELY .10
E
MERGENCY CONDITIONS THAT REQUIRE A RAILROAD TO PROVIDE SUCH
11
NOTICE INCLUDE:12
(a) R
ELEASE OF ANY HAZARDOUS MATERIAL ;
13
(b) D
EATH OF ANY INDIVIDUAL;
14
(c) I
NJURY TO ANY INDIVIDUAL THAT REQUIRES MEDICAL
15
TREATMENT IN ADDITION TO FIRST AID;16
(d) A
NY FIRE OR RISK OF FIRE; AND
17
(e) P
ROPERTY DAMAGE AMOUNTING TO FIFTY T HOUSAND DOLLARS
18
OR MORE.19
(2) T
HE NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS
20
SECTION MUST INCLUDE:21
(a) D
ETAILS ABOUT THE NATURE AND SEVERITY OF THE
22
EMERGENCY, SUCH AS THE TYPE OF INCIDENT , THE LOCATION OF THE23
INCIDENT, POTENTIAL HAZARDS INVOLVED, AND ANY IMMEDIATE ACTIONS24
TAKEN OR REQUIRED;25
(b) T
HE EXTENT OF THE IMPACT OF THE EMERGENCY , INCLUDING
26
ANY INJURIES, FATALITIES, PROPERTY DAMAGE , OR ENVIRONMENTAL27
1030
-15- DAMAGE;1
(c) I
MPACTS ON OTHER SURFACE TRANSPORTATION , INCLUDING
2
BLOCKED ROADWAYS ;3
(d) I
F THE EMERGENCY INVOLVES THE TRANSPORTATION OF
4
HAZARDOUS MATERIALS , SPECIFIC INFORMATION ABOUT THE MATERIALS5
INVOLVED, THEIR QUANTITIES, AND ANY POTENTIAL RISKS TO PUBLIC6
SAFETY OR THE ENVIRONMENT ;7
(e) R
ESPONSE ACTIONS TAKEN TO MITIGATE THE EMERGENCY ;
8
(f) R
EQUESTS FOR ASSISTANCE , INCLUDING EVACUATIONS ,
9
CONTAINMENT, AND ADDITIONAL RESOURCES; AND10
(g) A
NY IMMEDIATE COORDINATION EFFORTS THAT HAVE TAKEN
11
PLACE WITH LOCAL AUTHORITIES.12
(3) A
FTER PROVIDING THE EMERGENCY NOTIFICATION DESCRIBED
13
IN SUBSECTION (1) OF THIS SECTION, A RAILROAD SHALL SUBMIT14
FOLLOW-UP REPORTS TO THE COMMISSION AND COORDINATE RESPONSE15
EFFORTS.16
(4) A
RAILROAD THAT PROVIDES A NOTIFICATION DESCRIBED IN
17
SUBSECTION (1) OF THIS SECTION SHALL ALSO NOTIFY THE COMMUNITY18
RAIL SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY19
ADVISORY COMMITTEE OF THE INCIDENT WITHIN THIRTY DAYS AFTER20
PROVIDING THE NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS21
SECTION.22
40-20-307. Reporting violation to union representative -23
request for investigation. (1) A
CREW MEMBER OF A TRAIN
OPERATED BY24
A RAILROAD IN THE STATE MAY REPORT TO THE CREW MEMBER 'S25
DESIGNATED UNION REPRESENTATIVE :26
(a) A
VIOLATION OF ANY OF THE SAFETY REQUIREMENTS SPECIFIED27
1030
-16- IN THIS PART 3;1
(b) A
N INJURY THE CREW MEMBER OR ANOTHER CREW MEMBER2
SUSTAINED WHILE OPERATING A TRAIN ON ANY
TRACK IN CONNECTION3
WITH RAILROAD TRANSPORTATION IN THE STATE ; OR4
(c) A
DEATH THAT OCCURRED DURING THE OPERATION OF A TRAIN .5
(2) A
DESIGNATED UNION REPRESENTATIVE RECEIVING A REPORT6
MAY REQUEST AN INVESTIGATION FROM THE OFFICE OF RAIL SAFETY .
7
40-20-308. Violations - penalties - rules. (1) I F A RAILROAD OR8
ANY OFFICER, AGENT, OR EMPLOYEE OF THE RAILROAD VIOLATES SECTION9
40-20-303,
THE PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF
NOT10
LESS THAN TEN THOUSAND DOLLARS BUT NOT MORE THAN TWENTY -FIVE11
THOUSAND DOLLARS ON THE RAILROAD . EACH DAY OF A CONTINUING12
VIOLATION CONSTITUTES A SEPARATE VIOLATION .13
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE14
PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF UP TO ONE HUNDRED15
THOUSAND DOLLARS PER VIOLATION IF THE COMMISSION FINDS :16
(a) T
HE RAILROAD INTENTIONALLY OR KNOWINGLY VIOLATED17
SECTION 40-20-303; OR
18
(b) T
HE RAILROAD'S VIOLATION WAS PART OF A PATTERN AND19
PRACTICE OF REPEATED VIOLATIONS OF SECTION 40-20-303.
20
(3) T
HE PUBLIC UTILITIES COMMISSION SHALL TRANSFER ALL FINES21
COLLECTED PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION TO22
THE STATE TREASURER, WHO SHALL CREDIT THE FINES TO THE FUND.23
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES24
FOR THE DETERMINATION, IMPOSITION, AND APPEAL OF FINES UNDER THIS25
SECTION.26
40-20-309.
Rail district maintenance and safety fund - created.27
1030
-17- (1) THE RAIL DISTRICT MAINTENANCE AND SAFETY F UND IS HEREBY1
CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF ANY MONEY2
CREDITED TO THE FUND PURSUANT TO SECTION 40-20-308 (3) AND ANY3
OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR4
TRANSFER TO THE FUND.5
(2) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND6
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE7
FUND TO THE FUND.8 (3) (a) FOR THE 2025-26 STATE FISCAL YEAR AND EACH STATE9
FISCAL YEAR THEREAFTER, MONEY IN THE FUND IS ANNUALLY10
APPROPRIATED TO THE TRANSIT AND RAIL DIVISION IN THE DEPARTMENT11
OF TRANSPORTATION. THE DIVISION MAY EXPEND THE MONEY RECEIVED12
FOR THE PURPOSES OF:13
(I) SAFETY PLANNING AND DEVELOPMENT DURING THE RESEARCH ,14
DEVELOPMENT, AND CONSTRUCTION OF A PASSENGER RAIL SYSTEM ;15
(II) P
LANNING, DESIGN, CONSTRUCTION, OR MAINTENANCE AND
16
OPERATION OF SAFETY IMPROVEMENTS ON ANY RAILROAD OR RAILROAD17
CROSSING IN THE STATE; AND18
(III) COMPLETING CAPITAL DEVELOPMENT PROJECTS TO IMPROVE19
THE SAFETY OF A PASSENGER RAIL SYSTEM .20
(b) M
ONEY IN THE FUND IS NOT INTENDED TO INCREASE THE
21
NUMBER OF FULL -TIME EMPLOYEES OF THE DEPARTMENT OF22
TRANSPORTATION.23
40-20-310. Training - rules. (1) O N OR BEFORE JULY 1, 2025,24
AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER , EACH RAILROAD25
SHALL OFFER TRAINING TO EACH FIRE DEPARTMENT AND OTHER FIRST26
RESPONDER ORGANIZATION HAVING JURISDICTION ALONG TRACKS UPON27
1030
-18- WHICH THE RAILROAD OPERATES IN THE STATE . IN SATISFYING THIS1
REQUIREMENT, A RAILROAD MAY OFFER SUCH TRAINING SIMULTANEOUSLY2
TO MORE THAN ONE FIRE DEPARTMENT AND OTHER FIRST RESPONDER3
ORGANIZATION.4
(2) T
HE TRAINING DESCRIBED IN SUBSECTION (1) OF THIS SECTION5
MUST:6
(a) A
DDRESS THE GENERAL HAZARDS OF
HAZARDOUS7
MATERIALS, TECHNIQUES TO ASSESS RISKS POSED TO THE ENVIRONMENT8
AND TO THE SAFETY OF EMERGENCY RESPONDERS AND THE PUBLIC ,9
FACTORS AN INCIDENT COMMANDER MUST CONSIDER IN DETERMINING10
WHETHER TO ATTEMPT TO SUPPRESS A FIRE OR TO EVACUATE THE PUBLIC11
AND EMERGENCY RESPONDERS FROM AN AREA , PUBLIC NOTIFICATION12
PROCESSES, ENVIRONMENTAL CONTAMINATION RESPONSE , RESOURCE13
COORDINATION, AND OTHER STRATEGIES FOR INITIAL RESPONSE BY14
EMERGENCY RESPONDERS ; AND15
(b) I
NCLUDE SAFETY DRILLS THAT IMPLEMENT SUGGESTED16
PROTOCOLS OR PRACTICES FOR EMERGENCY RESPONDERS TO USE TO17
SAFELY ACCOMPLISH THE TASK S DESCRIBED IN SUBSECTION (2)(a) OF THIS18SECTION. EACH RAILROAD OPERATING TRAINS IN COLORADO SHALL19
CONDUCT AT LEAST ONE OIL CONTAINMENT, RECOVERY, AND SENSITIVE20
AREA PROTECTION WALKTHROUGH; TABLETOP EXERCISE; OR FUNCTIONAL21
EXERCISE INVOLVING OIL OR HAZARDOUS SUBSTANCES EVERY YEAR, AND22
AT LEAST ONE FULL-SCALE EXERCISE EVERY FIVE YEARS , IN23
COORDINATION WITH LOCAL EMERGENCY MANAGEMENT ORGANIZATIONS24
AND LOCAL FIRE CHIEFS.25
(3) THE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES26
FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING RULES27
1030
-19- CONCERNING TRAINING CONTENT, SAFETY DRILLS, COMMUNICATION, AND1
RAILROAD INCIDENT RESPONSE REQUIREMENTS .2
(4) I
N SATISFYING THE REQUIREMENTS OF THIS SECTION , A
3
RAILROAD SHALL COORDINATE ITS EFFORTS WITH LOCAL LAW4
ENFORCEMENT AGENCIES AND THE HAZARDOUS MATERIALS SECTION OF5
THE COLORADO STATE PATROL.6
(5) A
CLASS II OR CLASS III RAILROAD MAY SATISFY THE
7
REQUIREMENTS OF THIS SECTION BY EITHER :8
(a) E
NTERING INTO AN AGREEMENT WITH A CLASS I RAILROAD TO
9
BE A PARTNER WITH THE CLASS I RAILROAD IN ITS PROGRAM; OR10
(b) A
DOPTING THE TRAINING PROGRAMS PROVIDED BY THE SHORT
11
L
INE SAFETY INSTITUTE.
12
13
40-20-311. Office of rail safety - agreement with federal14
railroad administration - duties of commission, department of public15
safety, and department of transportation - inspections - report -rules16
- repeal. (1) T
HE OFFICE OF RAIL SAFETY IS CREATED WITH THE MISSION
17
OF ENSURING FREIGHT, PASSENGER, COMMUNITY, AND ENVIRONMENTAL18
RAIL SAFETY IN THE STATE FOR THE STATE 'S UNIQUE AND DELICATE19
TERRAIN, ITS HEADWATERS, ITS COMMUNITIES, AND ITS RAIL WORKERS.20
T
HE COMMISSION SHALL ADMINISTER THE OFFICE IN ACCORDANCE WITH
21
THIS ARTICLE 20.22
(2) (a) A
S SOON AS IS PRACTICABLE, THE COMMISSION, ON BEHALF
23
OF THE STATE, SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL24
RAILROAD ADMINISTRATION PURSUANT TO 49 CFR PART 212 TO25
PARTICIPATE IN INSPECTION AND INVESTIGATION ACTIVITIES . UNDER THE26
AGREEMENT, THE COMMISSION SHALL SECURE THE AUTHORITY TO27
1030
-20- ADDRESS ALL RAILROAD SAFETY DISCIPLINES , INCLUDING CROSSINGS,1
TRACK, SIGNAL AND TRAIN CONTROL, MOTIVE POWER AND EQUIPMENT ,2
OPERATING PRACTICES, COMPLIANCE, AND HAZARDOUS MATERIALS .3
(b) I
F AN AGREEMENT CANNOT BE REACHED AS DESCRIBED IN
4
SUBSECTION (2)(a) OF THIS SECTION, THE COMMISSION, ON BEHALF OF THE5
STATE, SHALL FILE AN ANNUAL CERTIFICATION PURSUANT TO 49 CFR6
212.107.7
(3) T
HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY , AND
8
THE DEPARTMENT OF TRANSPORTATION SHALL ENGAGE IN INSPECTION AND9
INVESTIGATION ACTIVITIES AS DESCRIBED IN 49 CFR 212 TO ADDRESS10
COMPLIANCE WITH THE REQUIREMENTS OF THIS PART 3.11
N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , THE AUTHORITY OF
12
THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY , AND THE13
DEPARTMENT OF TRANSPORTATION TO ENGAGE IN INSPECTION AND14
INVESTIGATION ACTIVITIES PURSUANT TO THIS SECTION IS LIMITED TO :15
(a) C
LASS I RAILROADS;
16
(b) R
AILROADS OPERATING ANY LINES THAT WERE USED BY CLASS
17
I
RAILROADS AS OF THE EFFECTIVE DATE OF THIS PART 3; AND
18
(c) P
ASSENGER RAILROADS.
19
(4) T
HE ATTORNEY GENERAL MAY BRING AN ACTION , CONSISTENT
20
WITH 49 CFR PART 212, TO ENFORCE STATE AND FEDERAL RAILROAD21
SAFETY REGULATIONS. IN BRINGING SUCH AN ACTION , THE ATTORNEY22
GENERAL SHALL COMPLY WITH 49 CFR 212.115.23
(5) A
N INTERESTED PARTY MAY REQUEST THAT THE COMMISSION ,
24
THE DEPARTMENT OF PUBLIC SAFETY , OR THE DEPARTMENT OF25
TRANSPORTATION INVESTIGATE AN ALLEGED VIOLATION OF THIS PART 3.26
(6) T
HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, OR THE
27
1030
-21- DEPARTMENT OF TRANSPORTATION MAY REPORT AN ALLEGED VIOLATION1
OF THIS PART 3 OR ANY OTHER SAFETY CONCERN TO THE FEDERAL2
RAILROAD ADMINISTRATION OR THE FEDERAL SURFACE TRANSPORTATION3
BOARD.4
(7) T
HE COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS,
5
GRANTS, AND DONATIONS AND FEDERAL GRANT MONEY TO PURCHASE6
TRAINING MATERIALS AND OTHER EQUIPMENT AS NEEDED FOR THE7
IMPLEMENTATION OF THIS SECTION.8
(8) T
HE COMMISSION SHALL REGULARLY ENGAGE WITH
9
RAILROADS, UNIONS REPRESENTING RAILROAD EMPLOYEES , LOCAL10
GOVERNMENTS OF COUNTIES, SPECIAL DISTRICTS, AND MUNICIPALITIES11
THAT CONTAIN RAILROAD LINES , FIRST RESPONDER ORGANIZATIONS ,12
DISPROPORTIONATELY IMPACTED COMMUNITIES , AND ENVIRONMENTAL13
ORGANIZATIONS IN IMPLEMENTING THIS SECTION .14
(9) T
HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY , AND
15
THE DEPARTMENT OF TRANSPORTATION ARE IMMUNE FROM LIABILITY FOR16
ACTIONS PERFORMED PURSUANT TO THIS SECTION , AS DESCRIBED IN17
ARTICLE 10 OF TITLE 24.18
(10) T
HE OFFICE OF RAIL SAFETY SHALL COLLECT AND REPORT
19
INFORMATION REGARDING BLOCKED HIGHWAY -RAIL CROSSINGS IN THE20
STATE, INCLUDING INFORMATION REGARDING EMERGENCY VEHICLES21
AFFECTED BY BLOCKED HIGHWAY -RAIL CROSSINGS.22
(11) (a) T
HE OFFICE OF RAIL SAFETY SHALL CREATE A STANDARD
23
PROCESS FOR INVESTIGATORS TO USE DURING INVESTIGATIONS UNDER THIS24
SECTION FOR DETERMINING THE APPROPRIATE TIME AND METHOD FOR :25
(I) G
ATHERING INFORMATION ABOUT AN INVESTIGATION FROM
26
RAILROADS, CONTRACTORS, OR EMPLOYEES OF RAILROADS OR FROM27
1030
-22- REPRESENTATIVES OF EMPLOYEES OF RAILROADS , AND OTHERS, AS1
DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY ; AND2
(II) C
ONSULTING WITH RAILROADS, CONTRACTORS, OR EMPLOYEES
3
OF RAILROADS, OR WITH REPRESENTATIVES OF EMPLOYEES OF RAILROADS ,4
AND OTHERS, AS DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY ,5
FOR TECHNICAL EXPERTISE ON THE FACTS OF AN INVESTIGATION .6
(b) I
N DEVELOPING THE PROCESS REQUIRED UNDER SUBSECTION
7
(11)(a)
OF THIS SECTION, THE OFFICE OF RAIL SAFETY SHALL INCLUDE
8
CONSIDERATION OF HOW TO MAINTAIN THE CONFIDENTIALITY OF ANY9
ENTITY IDENTIFIED PURSUANT TO SUBSECTION (11)(a) OF THIS SECTION IF:10
(I) T
HE ENTITY REQUESTS CONFIDENTIALITY ;
11
(II) T
HE ENTITY WAS NOT INVOLVED IN THE ACCIDENT OR
12
INCIDENT; AND13
(III) M
AINTAINING THE ENTITY'S CONFIDENTIALITY DOES NOT
14
ADVERSELY AFFECT AN INVESTIGATION BY THE OFFICE OF RAIL SAFETY .15
(c) (I) E
XCEPT AS PROVIDED IN SUBSECTION (11)(c)(II) OF THIS
16
SECTION, THE OFFICE OF RAIL SAFETY MAY NOT DISCLOSE THE NAME OF AN17
EMPLOYEE OF A RAILROAD WHO HAS PROVIDED INFORMATION ABOUT AN18
ALLEGED VIOLATION OF THIS PART 3 OR MATTERS DESCRIBED IN19
SUBSECTION (11)(c)(II) OF THIS SECTION UNLESS THE OFFICE OF RAIL20
SAFETY OBTAINS THE EMPLOYEE 'S WRITTEN CONSENT FOR SUCH21
DISCLOSURE.22
(II) T
HE OFFICE OF RAIL SAFETY SHALL DISCLOSE TO THE
23
ATTORNEY GENERAL OR THE FEDERAL RAILROAD ADMINISTRATION THE24
NAME OF AN EMPLOYEE DESCRIBED IN SUBSECTION (11)(c)(I) OF THIS25
SECTION IF THE MATTER IS REFERRED TO THE ATTORNEY GENERAL OR THE26
FEDERAL RAILROAD ADMINISTRATION FOR ENFORCEMENT . BEFORE27
1030
-23- MAKING SUCH A DISCLOSURE, THE OFFICE OF RAIL SAFETY SHALL PROVIDE1
REASONABLE ADVANCE NOTICE TO THE AFFECTED EMPLOYEE AND TO A2
DESIGNATED EMPLOYEE REPRESENTATIVE IF SUCH A REPRESENTATIVE3
EXISTS.4
(d) T
HE OFFICE OF RAIL SAFETY SHALL PROMULGATE RULES TO
5
PROTECT EMPLOYEES FROM RETALIATION FOR THEIR PARTICIPATION IN6
INVESTIGATIONS UNDER THIS SECTION AND SHALL CREATE A MECHANISM7
TO ACCEPT AND RESOLVE COMPLAINTS REGARDING VIOLATIONS OF THE8
RULES, WHICH MECHANISM IS CONSISTENT WITH FEDERAL LAW .9
(12) T
HE OFFICE OF RAIL SAFETY SHALL COORDINATE WITH THE
10
DEPARTMENT OF TRANSPORTATION , THE DEPARTMENT OF PUBLIC SAFETY,11
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , THE12
DEPARTMENT OF NATURAL RESOURCES , AND STAKEHOLDERS SUCH AS13
RAILROADS, FIRST RESPONDERS, LOCAL GOVERNMENTS, METROPOLITAN14
PLANNING ORGANIZATIONS, AND LABOR ORGANIZATIONS TO IDENTIFY AND15
IMPLEMENT INITIATIVES AND PRIORITIES TO REDUCE THE FREQUENCY OF16
BLOCKED HIGHWAY -RAIL CROSSINGS , IMPROVE EMERGENCY17
PREPAREDNESS AND RESILIENCE , AND IMPROVE RAIL SAFETY. THIS MAY18
INCLUDE INNOVATIVE USE OF DATA AND TECHNOLOGY TO PRIORITIZE19
ELIMINATION OR PROTECTION OF HIGHWAY-RAIL CROSSINGS, INFORMATION20
SHARING, AND FIRST RESPONDER DECISION SUPPORT. THE OFFICE OF RAIL21
SAFETY SHALL ALSO COORDINATE WITH THE AFOREMENTIONED ENTITIES22
REGARDING POSSIBLE FEDERAL GRANTS TO IMPROVE RAIL AND PUBLIC23
SAFETY.24
(13) (a) O
N OR BEFORE DECEMBER 1, 2024, THE COMMISSION, THE
25
DEPARTMENT OF PUBLIC SAFETY , AND THE DEPARTMENT OF26
TRANSPORTATION SHALL PROVIDE A REPORT TO THE GOVERNOR ; THE27
1030
-24- TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE OF1
THE HOUSE OF REPRESENTATIVES ; AND THE TRANSPORTATION AND2
ENERGY COMMITTEE OF THE SENATE . THE REPORT MUST BE DEVELOPED IN3
CONSULTATION WITH THE COMMUNITY RAIL SAFETY ADVISORY4
COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE AND5
INCLUDE:6
(I) A
N ASSESSMENT OF THE STAFFING LEVELS AND EQUIPMENT
7
NECESSARY TO ENSURE RAILROADS ' COMPLIANCE WITH FEDERAL AND8
STATE RULES AND REGULATIONS AND MINIMIZE RAIL SAFETY RISKS FOR9
RAILROADS, FACILITIES, WORKERS, AND COMMUNITIES THAT INCLUDE RAIL10
LINES;11
(II) A
N INDICATION THAT PUBLIC DATA NOT SUBJECT TO
12
EXCEPTIONS UNDER THE "COLORADO OPEN RECORDS ACT", PART 2 OF13
ARTICLE 72 OF TITLE 24, WILL BE SHARED WITH THE COMMUNITY RAIL14
SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY15
COMMITTEE;16
(III) A
N ASSESSMENT OF DATA COLLECTION AND REPORTING NEEDS
17
TO ENSURE ANNUAL REPORTING ON RAIL SAFETY , INCLUDING TRAIN18
LENGTH, FOR COVERED RAILROADS AND FACILITIES ;19
(IV) A
N ASSESSMENT OF EMERGENCY RESPONSE AND CLEANUP
20
CAPACITY NEEDED FOR HAZARDOUS MATERIALS INCIDENTS INVOLVING21
RAILROADS;22
(V) A
QUANTIFICATION OF THE ADEQUATE LEVELS OF INVESTMENT
23
NECESSARY TO REDUCE HIGHWAY -RAIL CROSSING INCIDENTS AND OTHER24
RISKS;25
(VI) M
ECHANISMS FOR ENSURING EQUITABLE INPUT FROM
26
MEMBERS OF THE PUBLIC TO STATE AGENCIES REGARDING RAIL SAFETY ;27
1030
-25- (VII) AN ASSESSMENT OF BEST PRACTICES FOR ENSURING1
FINANCIAL RESPONSIBILITY FOR RESPONSE, CLEANUP, AND DAMAGES FROM2
MAJOR RAIL EVENTS, WHICH ASSESSMENT REVIEWS BEST PRACTICES FROM3
OTHER STATES;4
(VIII) A
REPORT CONCERNING COMMUNICATION ISSUES IMPACTING
5
RAIL LINES IN THE STATE, INCLUDING COMMUNICATION WITH STATE6
ENTITIES SUCH AS THE DEPARTMENT OF PUBLIC SAFETY ; COMMUNICATION7
ISSUES BETWEEN CREWS WORKING LONG TRAINS ; AND COMMUNICATION8
FROM WAYSIDE DETECTORS TO CREWS ; AND9
(IX) (A) A
LEGISLATIVE PROPOSAL CONCERNING THE CREATION OF
10
A FEE STRUCTURE OR OTHER REVENUE SOURCE , AN ASSESSMENT, AND A11
GOVERNANCE BODY AND AN OFFICE OF RAIL SAFETY TO ADDRESS THE12
NEEDS DESCRIBED IN SUBSECTIONS (13)(a)(I) TO (13)(a)(VIII) OF THIS13
SECTION, WHICH FEE STRUCTURE, ASSESSMENT, AND GOVERNANCE BODY14
CAN BE INTRODUCED AS LEGISLATION AS SOON AS THE 2025 REGULAR15
LEGISLATIVE SESSION AND BEGIN OPERATING NO LATER THAN JANUARY 1,16
2027.17
(B) T
HE REPORT MUST INCLUDE A RECOMMENDATION AS TO WHICH
18
STATE AGENCY WOULD HOST THE PROPOSED GOVERNANCE BODY TO19
ENSURE PROPER COMPLIANCE WITH STATE AND FEDERAL LAW , EQUITABLE20
ACCESS TO COMMUNITY AND WORKER ORGANIZATIONS , AND21
ENFORCEMENT OF SAFETY REQUIREMENTS .22
(b) I
N PREPARING THE REPORT DESCRIBED IN SUBSECTION (13)(a)
23
OF THIS SECTION, THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY,24
AND THE DEPARTMENT OF TRANSPORTATION SHALL CONSULT WITH THE25
ATTORNEY GENERAL , THE COMMUNITY RAIL SAFETY ADVISORY26
COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE , AND27
1030
-26- INTERESTED STAKEHOLDERS , INCLUDING RAILROADS , UNIONS1
REPRESENTING RAILROAD EMPLOYEES , LOCAL GOVERNMENTS OF2
COUNTIES, SPECIAL DISTRICTS, AND MUNICIPALITIES THAT CONTAIN3
RAILROAD LINES, THE FEDERAL RAILROAD ADMINISTRATION , FIRST4
RESPONDER ORGANIZATIONS , DISPROPORTIONATELY IMPACTED5
COMMUNITIES, AND ENVIRONMENTAL ORGANIZATIONS .6
(c) T
HIS SUBSECTION (13) IS REPEALED, EFFECTIVE JULY 1, 2026.
7
(14) T
HE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT
8
THIS SECTION.9
40-20-312. Community rail safety advisory committee -10
membership - duties - rail safety plan - discrimination, adverse11
action, retaliation prohibited - repeal. (1) T
HE COMMUNITY RAIL
12
SAFETY ADVISORY COMMITTEE IS CREATED .13
(2) (a) T
HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
14
CONSISTS OF THE FOLLOWING MEMBERS :15
(I) O
NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
16
FOR A CLASS I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE17
SPEAKER OF THE HOUSE OF REPRESENTATIVES ;18
(II) O
NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
19
FOR A CLASS I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE20
PRESIDENT OF THE SENATE; EXCEPT THAT THE MEMBER MUST REPRESENT21
UNION WORKERS WHO WORK FOR A CLASS I FREIGHT LINE OTHER THAN THE22
CLASS I FREIGHT LINE WHOSE UNION WORKERS ARE REPRESENTED BY THE23
MEMBER APPOINTED PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION;24
(III) O
NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
25
FOR A CLASS II OR III RAILROAD IN THE STATE, TO BE APPOINTED BY THE26
GOVERNOR;27
1030
-27- (IV) ONE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK1
FOR A PASSENGER RAIL OPERATOR, TO BE APPOINTED BY THE SPEAKER OF2
THE HOUSE OF REPRESENTATIVES;3
(V) O
NE MEMBER WHO REPRESENTS A DISPROPORTIONATELY
4
IMPACTED COMMUNITY , TO BE APPOINTED BY THE PRESIDENT OF THE5
SENATE;6
(VI) O
NE MEMBER WHO REPRESENTS A STATEWIDE
7
ENVIRONMENTAL ORGANIZATION , TO BE APPOINTED BY THE GOVERNOR ;8
AND 9
(VII) O
NE MEMBER WHO REPRESENTS AN ORGANIZATION WITH A
10
MISSION TO COLLABORATE WITH ENVIRONMENTAL ORGANIZATIONS AND11
UNION REPRESENTATIVES, TO BE APPOINTED BY THE SPEAKER OF THE12
HOUSE OF REPRESENTATIVES.13
(b) T
HE APPOINTING AUTHORITIES DESCRIBED IN SUBSECTION
14
(2)(a)
OF THIS SECTION SHALL MAKE THE INITIAL APPOINTMENTS ON OR
15
BEFORE AUGUST 1, 2024.16
(c) T
HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
17
COMMITTEE EACH SERVE TERMS OF THREE YEARS ; EXCEPT THAT:18
(I) T
HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
19
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(VI)20
AND (2)(a)(VII) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF21
ONE YEAR; AND22
(II) T
HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
23
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(III),24
(2)(a)(IV),
AND (2)(a)(V) OF THIS SECTION SHALL EACH SERVE AN INITIAL
25
TERM OF TWO YEARS.26
(d) M
EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
27
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AUTHORITIES.2
(e) M
EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
3
COMMITTEE MAY SERVE AN UNLIMITED NUMBER OF TERMS .4
(3) M
EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
5
COMMITTEE WHO ARE NOT COMPENSATED FOR ACTING IN OFFICIAL JOB6
ROLES MAY RECEIVE PER DIEM COMPENSATION FROM THE OFFICE OF RAIL7
SAFETY CREATED IN SECTION 40-20-311. MEMBERS OF THE COMMUNITY8
RAIL SAFETY ADVISORY COMMITTEE MAY BE REIMBURSED FOR EXPENSES9
INCURRED WHILE PERFORMING THE MEMBERS ' DUTIES.10
(4) A
N EMPLOYER SHALL NOT DISCRIMINATE , TAKE ADVERSE
11
ACTION, OR RETALIATE AGAINST AN EMPLOYEE IN RESPONSE TO THE12
EMPLOYEE:13
(a) S
ERVING IN GOOD FAITH ON THE COMMUNITY RAIL SAFETY
14
ADVISORY COMMITTEE; OR15
(b) R
AISING A REASONABLE CONCERN ABOUT A POSSIBLE
16
WORKPLACE VIOLATION OF GOVERNMENT SAFETY RULES , OR ABOUT AN17
OTHERWISE SIGNIFICANT WORKPLACE THREAT TO SAFETY , TO THE18
EMPLOYER, THE EMPLOYER 'S AGENT, ANOTHER EMPLOYEE , A19
GOVERNMENT AGENCY , OR THE PUBLIC IF THE EMPLOYER CONTROLS THE20
WORKPLACE CONDITIONS GIVING RISE TO THE ALLEGED VIOLATION OR21
THREAT.22
(5) T
HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE IS
23
REPEALED, EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE24
COMMUNITY RAIL SAFETY ADVISORY COMMITTEE IS SCHEDULED FOR25
REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.26
40-20-313. Rail industry safety advisory committee -27
1030
-29- membership - duties - rail safety plan - repeal. (1) T HE RAIL INDUSTRY1
SAFETY ADVISORY COMMITTEE IS CREATED .2
(2) (a) T
HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
3
CONSISTS OF THE FOLLOWING NINE MEMBERS , EACH TO BE APPOINTED BY4
THE GOVERNOR:5
(I) T
WO MEMBERS WHO REPRESENT OPERATORS OF CLASS I
6
RAILROADS OPERATING FREIGHT RAIL LINES ;7
(II) O
NE MEMBER WHO REPRESENTS A CLASS II OR CLASS III
8
RAILROAD IN THE STATE;9
(III) O
NE MEMBER WHO REPRESENTS A RAILROAD THAT OPERATES
10
A PASSENGER RAIL LINE;11
(IV) T
WO MEMBERS WHO REPRESENT FIRST RESPONDER
12
ORGANIZATIONS; AND13
(V) T
HREE MEMBERS WITH EXPERTISE CONCERNING RAIL SAFETY ,
14
RAIL OPERATIONS, EMERGENCY RESPONSE , OR TRANSPORTATION15
REGULATION.16
(b) T
HE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS ON
17
OR BEFORE AUGUST 1, 2024.18
(c) T
HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
19
COMMITTEE EACH SERVE TERMS OF THREE YEARS ; EXCEPT THAT:20
(I) T
HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
21
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(I)22
AND (2)(a)(II) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF23
ONE YEAR; AND24
(II) T
HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
25
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(III)26
and (2)(a)(IV)
OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF
27
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-30- TWO YEARS.1
(d) M
EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
2
COMMITTEE SERVE AT THE PLEASURE OF THE GOVERNOR .3
(e) M
EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
4
COMMITTEE MAY SERVE AN UNLIMITED NUMBER OF TERMS .5
(3) M
EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
6
COMMITTEE SERVE WITHOUT COMPENSATION BUT MUST BE REIMBURSED7
FROM MONEY IN THE FUND FOR ACTUAL AND NECESSARY EXPENSES8
INCURRED IN THE PERFORMANCE OF THE MEMBERS ' DUTIES PURSUANT TO9
THIS SECTION.10
(4) T
HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE IS
11
REPEALED, EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE RAIL12
INDUSTRY SAFETY ADVISORY COMMITTEE IS SCHEDULED FOR REVIEW IN13
ACCORDANCE WITH SECTION 2-3-1203.14
40-20-314. Enforcement. T
HE PUBLIC UTILITIES COMMISSION
15
SHALL CONDUCT PERIODIC COMPLIANCE REVIEWS TO ENSURE EACH16
RAILROAD IS IN COMPLIANCE WITH THIS PART 3.17
40-20-315. Severability. IF ANY PROVISION OF THIS PART 3 OR THE18
APPLICATION OF THIS PART 3 TO ANY PERSON OR CIRCUMSTANCE IS HELD19
INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR20
APPLICATIONS OF THIS PART 3 THAT CAN BE GIVEN EFFECT WITHOUT THE21
INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF22
THIS PART 3 ARE DECLARED TO BE SEVERABLE.23
SECTION 2. In Colorado Revised Statutes, 2-3-1203, add24
(25)(a)(III) and (25)(a)(IV) as follows:25
2-3-1203. Sunset review of advisory committees - legislative26
declaration - definition - repeal. (25) (a) The following statutory27
1030
-31- authorizations for the designated advisory committees will repeal on1
September 1, 2034:2
(III) T
HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
3
CREATED IN SECTION 40-20-312;4
(IV) T
HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED
5
IN SECTION 40-20-313.6
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal7
year, $391,057 is appropriated to the department of regulatory agencies8
for use by the public utilities commission. This appropriation is from the9
public utilities commission fixed utility fund, created in section 40-2-11410
(1)(b)(II), C.R.S. To implement this act, the commission may use this11
appropriation as follows:12
(a) $359,897 for personal services, which amount is based on an13
assumption that the commission will require an additional 3.5 FTE; and14
(b) $31,160 for operating expenses.15
SECTION 4. Effective date. This act takes effect July 1, 2024.16
SECTION 5. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
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