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Colorado House Bill HB1030

Colorado 2024 Regular Session

Colorado House Bill HB1030 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0247.01 Richard Sweetman x4333
18 HOUSE BILL 24-1030
2-BY REPRESENTATIVE(S) Mabrey and Mauro, Epps, Boesenecker,
3-Froelich, Lindsay, Parenti, Vigil, Amabile, Bacon, Bird, Brown, Daugherty,
4-Duran, Garcia, Hamrick, Hernandez, Herod, Joseph, Kipp, Lieder,
5-Lindstedt, Martinez, Marvin, McCormick, Ortiz, Ricks, Rutinel, Sirota,
6-Snyder, Story, Titone, Weissman, Willford, Woodrow, Young, Jodeh,
7-Lukens, Marshall, Valdez, Velasco, McCluskie;
8-also SENATOR(S) Cutter and Exum, Jaquez Lewis, Priola, Winter F.,
9-Bridges, Buckner, Coleman, Danielson, Fields, Gonzales, Kolker,
10-Marchman, Michaelson Jenet, Sullivan, Fenberg.
9+House Committees Senate Committees
10+Transportation, Housing & Local Government Transportation & Energy
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1113 C
12-ONCERNING RAILROAD SAFETY , AND, IN CONNECTION THEREWITH ,
13-REQUIRING CERTAIN RAILROADS TO OPERATE TRAINS IN A MANNER
14-THAT MINIMIZES THE OBSTRUCTION OF EMERGENCY VEHICLES AT
15-HIGHWAY
16--RAIL CROSSINGS, AND, WHEN NECESSARY TO ALLOW AN
17-EMERGENCY VEHICLE TO PASS
18-, SEPARATE A TRAIN; AUTHORIZING A
19-CREW MEMBER
20-'S DESIGNATED UNION REPRESENTATIVE TO REQUEST
21-INVESTIGATIONS OF CERTAIN REPORTED INCIDENTS
22-; AUTHORIZING
23-THE PUBLIC UTILITIES COMMISSION TO IMPOSE FINES FOR CERTAIN
24-VIOLATIONS
25-; REQUIRING FINE REVENUE TO BE PAID TO THE TRANSIT
26-AND RAIL DIVISION IN THE DEPARTMENT OF TRANSPORTATION FOR
27-THE PURPOSES OF MAINTAINING AND IMPROVING THE SAFETY OF A
28-PASSENGER RAIL SYSTEM
29-; CREATING THE OFFICE OF RAIL SAFETY ;
30-CREATING THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE ;
31-NOTE: This bill has been prepared for the signatures of the appropriate legislative
32-officers and the Governor. To determine whether the Governor has signed the bill
33-or taken other action on it, please consult the legislative status sheet, the legislative
34-history, or the Session Laws.
35-________
36-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
37-through words or numbers indicate deletions from existing law and such material is not part of
38-the act. CREATING THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE ; AND
39-MAKING AN APPROPRIATION
40-.
14+ONCERNING RAILROAD SAFETY , AND, IN CONNECTION THEREWITH ,101
15+REQUIRING CERTAIN RAILROADS TO
16+ OPERATE TRAINS IN A102
17+MANNER THAT MINIMIZES TH E OBSTRUCTION OF EMERGENCY103
18+VEHICLES AT HIGHWAY -RAIL CROSSINGS , AND, WHEN104
19+NECESSARY TO ALLOW AN EMERGENCY VEHICLE TO PASS ,105
20+SEPARATE A TRAIN ; AUTHORIZING A CREW MEMBER 'S106
21+DESIGNATED UNION REPRESENTATIVE TO REQUEST107
22+INVESTIGATIONS OF CERTAIN REPORTED INCIDENTS ;108
23+AUTHORIZING THE PUBLIC UTILITIES COMMISSION TO IMPOSE109
24+FINES FOR CERTAIN VIOLATIONS ; REQUIRING FINE REVENUE TO110
25+BE PAID TO THE TRANSIT AND RAIL DIVISION IN THE111
26+DEPARTMENT OF TRANSPORTATIO N FOR THE PURPOSES OF112
27+MAINTAINING AND IMPROVING THE SAFETY OF A PASSENGER113
28+SENATE
29+Amended 3rd Reading
30+May 7, 2024
31+SENATE
32+Amended 2nd Reading
33+May 6, 2024
34+HOUSE
35+Amended 2nd Reading
36+April 3, 2024
37+HOUSE
38+3rd Reading Unamended
39+April 5, 2024
40+HOUSE SPONSORSHIP
41+Mabrey and Mauro, Epps, Boesenecker, Froelich, Lindsay, Parenti, Vigil, Amabile,
42+Bacon, Bird, Brown, Daugherty, Duran, Epps, Garcia, Hamrick, Hernandez, Herod, Joseph,
43+Kipp, Lieder, Lindstedt, Martinez, Marvin, McCormick, Ortiz, Ricks, Rutinel, Sirota, Snyder,
44+Story, Titone, Weissman, Willford, Woodrow, Young
45+SENATE SPONSORSHIP
46+Cutter and Exum, Jaquez Lewis, Priola, Winter F., Bridges, Buckner, Coleman, Danielson,
47+Fenberg, Fields, Gonzales, Kolker, Marchman, Michaelson Jenet, Sullivan
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. RAIL SYSTEM; CREATING THE OFFICE OF RAIL SAFETY ;101
51+CREATING THE COMMUNITY RAIL SAFETY ADVISORY102
52+COMMITTEE; CREATING THE RAIL INDUSTRY SAFETY ADVISORY103
53+COMMITTEE; AND MAKING AN APPROPRIATION .104
54+Bill Summary
55+(Note: This summary applies to this bill as introduced and does
56+not reflect any amendments that may be subsequently adopted. If this bill
57+passes third reading in the house of introduction, a bill summary that
58+applies to the reengrossed version of this bill will be available at
59+http://leg.colorado.gov/
60+.)
61+Transportation Legislation Review Committee. The bill
62+imposes safety requirements on railroads operating trains in the state. The
63+bill specifies that:
64+! The length of a train must not exceed 8,500 feet;
65+! With certain exceptions, railroads must operate, maintain,
66+and report the location of wayside detector systems. A
67+wayside detector is an electronic device or a series of
68+devices that monitors passing trains for defects.
69+! A train may not obstruct a public crossing for longer than
70+10 minutes unless the train is continuously moving or is
71+prevented from moving by circumstances beyond the
72+railroad's control;
73+! Any crew member of a train may report to the crew
74+member's designated union representative a safety
75+violation, injury, or death that occurred during the
76+operation of a train. After receiving a report of a violation,
77+a designated union representative may enter a railroad's
78+place of operation to investigate the report during
79+reasonable hours and after notifying the railroad.
80+! The public utilities commission (PUC) may impose fines
81+for the violation of these safety requirements or for denying
82+a union representative's access to the railroad's place of
83+operation. The bill requires the PUC to develop guidelines
84+for determining, imposing, and appealing fines.
85+The bill also creates the front range passenger rail district
86+maintenance and safety fund (fund), which consists of money collected
87+as fines imposed by the PUC. The fund is continuously appropriated to
88+the state treasurer for the purpose of issuing warrants from the fund to the
89+front range passenger rail district for safety planning and development
90+during the research, development, and construction of a passenger rail
91+1030-2- system; maintaining a passenger rail system; and completing capital
92+development projects to improve the safety of a passenger rail system.
93+The bill requires that on or before July 1, 2025, and at least once
94+every 3 years thereafter, each railroad offer training to each fire
95+department having jurisdiction along tracks upon which the railroad
96+operates in the state.
97+The bill requires railroads that transport hazardous material in
98+Colorado to maintain insurance coverage that is adequate to cover costs
99+and liabilities resulting from accidents. The PUC is required to
100+promulgate rules establishing minimum coverage amounts.
101+Be it enacted by the General Assembly of the State of Colorado:1
102+SECTION 1. In Colorado Revised Statutes, add part 3 to article2
103+20 of title 40 as follows:3
104+PART 34
105+RAILROAD SAFETY5
106+40-20-301. Legislative declaration. (1) T
107+HE GENERAL ASSEMBLY6
108+FINDS, DETERMINES, AND DECLARES THAT:7
109+(a) R
110+AILROAD TRANSPORTATION IS A CRITICAL COMPONENT OF8
111+C
112+OLORADO'S ECONOMY AND PROVIDES EFFICIENT AND COST -EFFECTIVE9
113+MOVEMENT OF GOODS ACROSS THE STATE AND BEYOND ;10
114+(b) P
115+ROTECTING COLORADO'S RESIDENTS, ECOSYSTEMS, AND11
116+INFRASTRUCTURE FROM EXPOSURE TO HAZARDOUS MATERIALS CARRIED12
117+BY TRAINS IS A TOP PRIORITY OF THE GENERAL ASSEMBLY ;13
118+(c) T
119+RAINS EMIT FEWER GREENHOUSE GAS EMISSIONS THAN OTHER14
120+MODES OF TRANSPORTATION, INCLUDING TRUCK TRACTORS, TRAILERS, OR15
121+SEMITRAILERS, THEREBY MAKING TRAINS A DESIRABLE16
122+CLIMATE-CONSCIOUS OPTION FOR TRANSPORTING LARGE VOLUMES OF17
123+WEIGHT AND FOR FREIGHT MOVEMENT ;18
124+(d) C
125+OLORADO'S FRAGILE ECOSYSTEMS, WEATHER EXTREMES ,19
126+EXTENSIVE NUMBER OF HARD-TO-MAINTAIN RAILROAD TRACK MILES, AND20
127+1030-3- NUMBER OF COMMUNITIES THROUGH WHICH RAILROADS OPERATE1
128+NECESSITATE THAT THE STATE TAKE DECISIVE ACTION TO PREVENT AND2
129+MITIGATE POTENTIAL HARM TO THE ENVIRONMENT AND COLORADO3
130+RESIDENTS FROM DERAILMENTS AND OTHER ACCIDENTS ;4
131+(e) R
132+AILROAD TRACKS FREQUENTLY BISECT COMMUNITIES WITH5
133+POPULATIONS OF BLACK PEOPLE, INDIGENOUS PEOPLE, AND OTHER PEOPLE6
134+OF COLOR AND LOW-INCOME COMMUNITIES ACROSS COLORADO, MEANING7
135+THAT ANY DERAILMENT WILL LIKELY DISPROPORTIONATELY IMPACT THOSE8
136+COMMUNITIES, WHICH NECESSITATES THAT COLORADO TAKE EXTRA9
137+PRECAUTIONS TO PREVENT DERAILMENTS ;10
138+(f) T
139+HE FREQUENCY OF TRAIN ACCIDENTS INVOLVING HAZARDOUS11
140+MATERIALS HAS INCREASED IN THE LAST TWENTY YEARS . BEGINNING IN12
141+1990,
142+ RAILROADS STARTED LOBBYING FOR LESS REGULATION OF THE13
143+TRANSPORTATION OF HAZARDOUS MATERIALS , AND A REDUCTION IN14
144+REGULATION RESULTED IN A GREATER NUMBER OF DERAILMENTS . WHEN15
145+RAILROADS IMPLEMENTED PRECISION SCHEDULING TO INCREASE PROFITS16
146+BEGINNING IN 2010, THE NUMBER OF DERAILMENTS INVOLVING17
147+HAZARDOUS MATERIALS INCREASED SIGNIFICANTLY .18
148+(g) T
149+HE SAFE AND EFFICIENT OPERATION OF RAILROADS REQUIRES19
150+SEVERAL FACTORS, INCLUDING REGULARLY MAINTAINING RAILROAD20
151+TRACKS AND ROLLING STOCK , APPROPRIATELY USING TECHNOLOGY TO21
152+DETECT AND ADDRESS MECHANICAL AND OTHER ISSUES , EMPLOYING22
153+EXPERIENCED AND WELL-PAID WORKERS WITH CRITICAL SKILL SETS TO23
154+RECOGNIZE AND AVOID ACCIDENTS , AND LIMITING THE NUMBER OF CARS24
155+THAT TRAINS CARRY TO ENSURE THAT TRAINS HAVE REASONABLE25
156+LENGTHS.26
41157
42-Be it enacted by the General Assembly of the State of Colorado:
43-SECTION 1. In Colorado Revised Statutes, add part 3 to article 20
44-of title 40 as follows:
45-PART 3
46-RAILROAD SAFETY
47-40-20-301. Legislative declaration. (1) T
48-HE GENERAL ASSEMBLY
49-FINDS
50-, DETERMINES, AND DECLARES THAT:
158+ 27
159+1030
160+-4- (2) THE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND1
161+DECLARES THAT:2
51162 (a) R
52-AILROAD TRANSPORTATION IS A CRITICAL COMPONENT OF
53-COLORADO'S ECONOMY AND PROVIDES EFFICIENT AND COST -EFFECTIVE
54-MOVEMENT OF GOODS ACROSS THE STATE AND BEYOND
55-;
56-(b) P
57-ROTECTING COLORADO'S RESIDENTS, ECOSYSTEMS, AND
58-INFRASTRUCTURE FROM EXPOSURE TO HAZARDOUS MATERIALS CARRIED BY
59-TRAINS IS A TOP PRIORITY OF THE GENERAL ASSEMBLY
60-;
61-(c) T
62-RAINS EMIT FEWER GREENHOUSE GAS EMISSIONS THAN OTHER
63-MODES OF TRANSPORTATION
64-, INCLUDING TRUCK TRACTORS, TRAILERS, OR
65-SEMITRAILERS
66-, THEREBY MAKING TRAINS A DESIRABLE CLIMATE -CONSCIOUS
67-OPTION FOR TRANSPORTING LARGE VOLUMES OF WEIGHT AND FOR FREIGHT
68-MOVEMENT
69-;
70-(d) C
71-OLORADO'S FRAGILE ECOSYSTEMS , WEATHER EXTREMES ,
72-EXTENSIVE NUMBER OF HARD -TO-MAINTAIN RAILROAD TRACK MILES , AND
73-NUMBER OF COMMUNITIES THROUGH WHICH RAILROADS OPERATE
74-NECESSITATE THAT THE STATE TAKE DECISIVE ACTION TO PREVENT AND
75-MITIGATE POTENTIAL HARM TO THE ENVIRONMENT AND
76-COLORADO
77-RESIDENTS FROM DERAILMENTS AND OTHER ACCIDENTS
78-;
79-(e) R
80-AILROAD TRACKS FREQUENTLY BISECT COMMUNITIES WITH
81-POPULATIONS OF
82-BLACK PEOPLE, INDIGENOUS PEOPLE, AND OTHER PEOPLE
83-OF COLOR AND LOW
84--INCOME COMMUNITIES ACROSS COLORADO, MEANING
85-THAT ANY DERAILMENT WILL LIKELY DISPROPORTIONATELY IMPACT THOSE
86-PAGE 2-HOUSE BILL 24-1030 COMMUNITIES, WHICH NECESSITATES THAT COLORADO TAKE EXTRA
87-PRECAUTIONS TO PREVENT DERAILMENTS
88-;
163+AILROADS UTILIZE NUMEROUS FORMS OF AVAILABLE3
164+TECHNOLOGY TO DETECT AND PREVENT VARIOUS EQUIPMENT FAILURES ,4
165+INCLUDING INSTALLING WAYSIDE DETECTOR SYSTEMS ADJACENT TO A5
166+MAIN LINE;6
167+(b) T
168+WO OF THE MOST COMMON WAYSIDE DETECTOR7
169+TECHNOLOGIES THAT RAILROADS CURRENTLY USE ARE HOT BEARING8
170+DETECTORS THAT USE INFRARED SENSORS TO MEASURE THE9
171+TEMPERATURES OF BEARINGS ON PASSING TRAINS AND DRAGGING10
172+EQUIPMENT DETECTORS THAT DETECT OBJECTS DRAGGING ALONG A11
173+TRACK;12
174+(c) U
175+SING HOT BEARING DETECTORS AND DRAGGING EQUIPMENT13
176+DETECTORS AT REGULAR INTERVALS ALONG A RAILROAD TRACK CAN14
177+REDUCE THE RISK OF DERAILMENTS , ACCIDENTS, AND OTHER INCIDENTS15
178+AND PROMOTE THE SAFE AND EFFICIENT MOVEMENT OF GOODS ACROSS16
179+THE STATE;17
180+(d) T
181+HESE WAYSIDE DETECTOR SYSTEMS ARE HIGHLY EFFECTIVE ,18
182+PREVENTIVE TOOLS THAT CAN ALERT RAILROAD CREWS TO PROBLEMS SO19
183+THEY CAN TAKE IMMEDIATE ACTION TO PREVENT ACCIDENTS OR20
184+DERAILMENTS;21
185+(e) T
186+HE FEDERAL RAILROAD ADMINISTRATION RECOMMENDS BUT22
187+DOES NOT REQUIRE THE PLACEMENT OF HOT BEARING DETECTORS AT23
188+INTERVALS OF FORTY MILES, WHILE RAILROAD EXPERTS NATIONWIDE HAVE24
189+CALLED FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF HOT25
190+BEARING DETECTORS;26
89191 (f) T
90-HE FREQUENCY OF TRAIN ACCIDENTS INVOLVING HAZARDOUS
91-MATERIALS HAS INCREASED IN THE LAST TWENTY YEARS
92-. BEGINNING IN
93-1990, RAILROADS STARTED LOBBYING FOR LESS REGULATION OF THE
94-TRANSPORTATION OF HAZARDOUS MATERIALS
95-, AND A REDUCTION IN
96-REGULATION RESULTED IN A GREATER NUMBER OF DERAILMENTS
97-. WHEN
98-RAILROADS IMPLEMENTED PRECISION SCHEDULING TO INCREASE PROFITS
99-BEGINNING IN
100-2010, THE NUMBER OF DERAILMENTS INVOLVING HAZARDOUS
101-MATERIALS INCREASED SIGNIFICANTLY
102-.
192+HE FEDERAL RAILROAD ADMINISTRATION ALSO RECOMMENDS27
193+1030
194+-5- BUT DOES NOT REQUIRE THE INSTALLATION OF DRAGGING EQUIPMENT1
195+DETECTORS AT INTERVALS OF NO MORE THAN TWENTY -FIVE MILES ON2
196+RAILROAD TRACKS ON WHICH TRAINS OPERATE AT SPEEDS OF SIXTY MILES3
197+PER HOUR OR MORE, WHILE RAILROAD EXPERTS NATIONWIDE HAVE CALLED4
198+FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF DRAGGING5
199+EQUIPMENT DETECTORS;6
103200 (g) T
104-HE SAFE AND EFFICIENT OPERATION OF RAILROADS REQUIRES
105-SEVERAL FACTORS
106-, INCLUDING REGULARLY MAINTAINING RAILROAD TRACKS
107-AND ROLLING STOCK
108-, APPROPRIATELY USING TECHNOLOGY TO DETECT AND
109-ADDRESS MECHANICAL AND OTHER ISSUES
110-, EMPLOYING EXPERIENCED AND
111-WELL
112--PAID WORKERS WITH CRITICAL SKILL SETS TO RECOGNIZE AND AVOID
113-ACCIDENTS
114-, AND LIMITING THE NUMBER OF CARS THAT TRAINS CARRY TO
115-ENSURE THAT TRAINS HAVE REASONABLE LENGTHS
116-.
117-(2) T
118-HE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND
119-DECLARES THAT
120-:
121-(a) R
122-AILROADS UTILIZE NUMEROUS FORMS OF AVAILABLE
123-TECHNOLOGY TO DETECT AND PREVENT VARIOUS EQUIPMENT FAILURES
124-,
125-INCLUDING INSTALLING WAYSIDE DETECTOR SYSTEMS ADJACENT TO A MAIN
126-LINE
127-;
128-(b) T
129-WO OF THE MOST COMMON WAYSIDE DETECTOR TECHNOLOGIES
130-THAT RAILROADS CURRENTLY USE ARE HOT BEARING DETECTORS THAT USE
131-INFRARED SENSORS TO MEASURE THE TEMPERATURES OF BEARINGS ON
132-PASSING TRAINS AND DRAGGING EQUIPMENT DETECTORS THAT DETECT
133-OBJECTS DRAGGING ALONG A TRACK
134-;
135-(c) U
136-SING HOT BEARING DETECTORS AND DRAGGING EQUIPMENT
137-DETECTORS AT REGULAR INTERVALS ALONG A RAILR OAD TRACK CAN
138-REDUCE THE RISK OF DERAILMENTS
139-, ACCIDENTS, AND OTHER INCIDENTS AND
140-PROMOTE THE SAFE AND EFFICIENT MOVEMENT OF GOODS ACROSS THE
141-STATE
142-;
143-PAGE 3-HOUSE BILL 24-1030 (d) THESE WAYSIDE DETECTOR SYSTEMS ARE HIGHLY EFFECTIVE ,
144-PREVENTIVE TOOLS THAT CAN ALERT RAILROAD CREWS TO PROBLEMS SO
145-THEY CAN TAKE IMMEDIATE ACTION TO PREVENT ACCIDENTS OR
146-DERAILMENTS
147-;
148-(e) T
149-HE FEDERAL RAILROAD ADMINISTRATION RECOMMENDS BUT
150-DOES NOT REQUIRE THE PLACEMENT OF HOT BEARING DETECTORS AT
151-INTERVALS OF FORTY MILES
152-, WHILE RAILROAD EXPERTS NATIONWIDE HAVE
153-CALLED FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF HOT
154-BEARING DETECTORS
155-;
156-(f) T
157-HE FEDERAL RAILROAD ADMINISTRATION ALSO RECOMMENDS
158-BUT DOES NOT REQUIRE THE INSTALLATION OF DRAGGING EQUIPMENT
159-DETECTORS AT INTERVALS OF NO MORE THAN TWENTY
160--FIVE MILES ON
161-RAILROAD TRACKS ON WHICH TRAINS OPERATE AT SPEEDS OF SIXTY MILES
162-PER HOUR OR MORE
163-, WHILE RAILROAD EXPERTS NATIONWIDE HAVE CALLED
164-FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF DRAGGING
165-EQUIPMENT DETECTORS
166-;
167-(g) T
168-HE FEDERAL RAILROAD ADMINISTRATION 'S RECOMMENDED
169-SPACING DISTANCES DO NOT CONSIDER THE UNIQUE AND CHALLENGING
170-DYNAMICS OF OPERATING RAILR OADS SAFELY IN
171-COLORADO, DO NOT
172-ADEQUATELY PREVENT ACCIDENTS AND DERAILMENTS
173-, AND DO NOT
174-PROACTIVELY PROTECT
175-COLORADO'S RESIDENTS, COMMUNITIES, AND
176-ENVIRONMENT FROM HARM
177-;
201+HE FEDERAL RAILROAD ADMINISTRATION 'S RECOMMENDED7
202+SPACING DISTANCES DO NOT CONSIDER THE UNIQUE AND CHALLENGING8
203+DYNAMICS OF OPERATING RAILROADS SAFELY IN COLORADO, DO NOT9
204+ADEQUATELY PREVENT ACCIDENTS AND DERAILMENTS , AND DO NOT10
205+PROACTIVELY PROTECT COLORADO'S RESIDENTS, COMMUNITIES, AND11
206+ENVIRONMENT FROM HARM ;12
178207 (h) R
179-AILROADS ARE NOT CURRENTLY REQUIRED TO DISCLOSE WHERE
180-WAYSIDE DETECTORS ARE INSTALLED OR WHETHER THE DETECTORS ARE
181-OPERATIONAL
182-, NOR ARE THEY REQUIRED TO CONSIDER VARIABLE TRACK
183-CONDITIONS IN THE PLACEMENT OF D ETECTORS
184-. WITHOUT THIS
185-INFORMATION
186-, THE GENERAL ASSEMBLY, THE PUBLIC UTILITIES COMMISSION,
187-AND THE PUBLIC ARE FORCED TO RELY ONLY ON THE ASSERTIONS OF
188-RAILROADS THAT THEY ARE ADE QUATELY MONITORING TRACKS AND TRAINS
189-FOR PROBLEMS
190-.
208+AILROADS ARE NOT CURRENTLY REQUIRED TO DISCLOSE13
209+WHERE WAYSIDE DETECTORS ARE INSTALLED OR WHETHER THE14
210+DETECTORS ARE OPERATIONAL , NOR ARE THEY REQUIRED TO CONSIDER15
211+VARIABLE TRACK CONDITIONS IN THE PLACEMENT OF DETECTORS .16
212+W
213+ITHOUT THIS INFORMATION, THE GENERAL ASSEMBLY , THE PUBLIC17
214+UTILITIES COMMISSION, AND THE PUBLIC ARE FORCED TO RELY ONLY ON18
215+THE ASSERTIONS OF RAILROADS THAT THEY ARE ADEQUATELY19
216+MONITORING TRACKS AND TRAINS FOR PROBLEMS .20
191217 (i) R
192-ECENT DERAILMENTS AND ACCIDENTS ACROSS THE COUNTRY
193-HAVE HIGHLIGHTED THAT RAILROADS ARE NOT ADEQUATELY MONITORING
194-FOR PROBLEMS OR TAKING PREVENTIVE ACTION
195-, THAT SEVERE INJURY TO
196-INDIVIDUALS AND SEVERE DAMAGE TO THE ENVIRONMENT AND
197-INFRASTRUCTURE ARE PREVENTABLE AND UNNECESSARY
198-, AND THAT THE
199-PAGE 4-HOUSE BILL 24-1030 GENERAL ASSEMBLY MUST TAKE ACTION ;
218+ECENT DERAILMENTS AND ACCIDENTS ACROSS THE COUNTRY21
219+HAVE HIGHLIGHTED THAT RAILROADS ARE NOT ADEQUATELY MONITORING22
220+FOR PROBLEMS OR TAKING PREVENTIVE ACTION , THAT SEVERE INJURY TO23
221+INDIVIDUALS AND SEVERE DAMAGE TO THE ENVIRONMENT AND24
222+INFRASTRUCTURE ARE PREVENTABLE AND UNNECESSARY , AND THAT THE25
223+GENERAL ASSEMBLY MUST TAKE ACTION ;26
200224 (j) T
201-RANSPARENCY AND ACCOUNTABILITY IN RAILR OAD OPERATIONS
202-ARE CRITICAL TO ENSURE THE SAFETY OF
203-COLORADO'S RESIDENTS, PROTECT
204-INFRASTRUCTURE AND THE ENVIRONMENT
205-, AND PROMOTE LONG -TERM
206-SUSTAINABILITY OF THE STATE
207-'S ECONOMY, AND IT IS NECESSARY TO
208-REQUIRE RAILROAD COMPANIES TO ANNUALLY REPORT THE LOCATIONS OF
209-INSTALLED WAYSIDE DETECTOR SYSTEMS AND TRAIN LENGTH TO THE PUBLIC
210-UTILITIES COMMISSION
211-; AND
212-(k) ABSENT A COLORADO-SPECIFIC RECOMMENDATION FROM THE
213-FEDERAL RAILROAD ADMINISTRATION CONCERNING THE PLACEMENT OF
214-WAYWARD DETECTOR SYSTEMS
215-, AND WITH NO RECOMMENDATION PENDING
216-IN THE IMMEDIATE FUTURE
217-, THE GENERAL ASSEMBLY DEFERS TO THE EXPERT
218-ADVICE OF RAILROAD OPERATORS
219-.
220-(3) T
221-HEREFORE, THE GENERAL ASSEMBLY HEREBY ENACTS THIS PART
222-3 TO:
225+RANSPARENCY AND ACCOUNTABILITY IN RAILROAD27
226+1030
227+-6- OPERATIONS ARE CRITICAL TO ENSURE THE SAFETY OF COLORADO'S1
228+RESIDENTS, PROTECT INFRASTRUCTURE AND THE ENVIRONMENT , AND2
229+PROMOTE LONG-TERM SUSTAINABILITY OF THE STATE'S ECONOMY, AND IT3
230+IS NECESSARY TO REQUIRE RAILROAD COMPANIES TO ANNUALLY REPORT4
231+THE LOCATIONS OF INSTALLED WAYSIDE DETECTOR SYSTEMS AND TRAIN5
232+LENGTH TO THE PUBLIC UTILITIES COMMISSION ; AND6
233+(k) A
234+BSENT A COLORADO-SPECIFIC RECOMMENDATION FROM THE7
235+FEDERAL RAILROAD ADMINISTRATION CONCERNING THE PLACEMENT OF8
236+WAYWARD DETECTOR SYSTEMS , AND WITH NO RECOMMENDATION9
237+PENDING IN THE IMMEDIATE FUTURE, THE GENERAL ASSEMBLY DEFERS TO10
238+THE EXPERT ADVICE OF RAILROAD OPERATORS .11
239+(3)
240+ THEREFORE, THE GENERAL ASSEMBLY HEREBY ENACTS THIS12
241+PART 3 TO:13
223242 (a) P
224-ROMOTE TRANSPARENCY , ACCOUNTABILITY, AND SAFETY IN
225-RAILROAD OPERATIONS IN THE STATE
226-;
243+ROMOTE TRANSPARENCY , ACCOUNTABILITY, AND SAFETY IN14
244+RAILROAD OPERATIONS IN THE STATE;15
227245 (b) L
228-IMIT GREENHOUSE GAS EMISSIONS;
246+IMIT GREENHOUSE GAS EMISSIONS;16
229247 (c) R
230-EDUCE THE RISK OF ACCIDENTS , DERAILMENTS, AND OTHER
231-INCIDENTS ASSOCIATED WITH RAILROAD TRANSPORTATION
232-; AND
233-(d) PROTECT THE HEALTH AND WELL -BEING OF COLORADO'S
234-RESIDENTS AND ECOSYSTEMS
235-.
248+EDUCE THE RISK OF ACCIDENTS, DERAILMENTS, AND OTHER17
249+INCIDENTS ASSOCIATED WITH RAILROAD TRANSPORTATION ; AND18
250+(d) P
251+ROTECT THE HEALTH AND WELL -BEING OF COLORADO'S19
252+RESIDENTS AND ECOSYSTEMS .20
236253 40-20-302. Definitions. A
237-S USED IN THIS PART 3, UNLESS THE
238-CONTEXT OTHERWISE REQUIRES
239-:
254+S USED IN THIS PART 3, UNLESS THE21
255+CONTEXT OTHERWISE REQUIRES :22
240256 (1) "A
241-CCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.
257+CCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.23
242258 (2) "C
243-LASS I RAILROAD" HAS THE MEANING SET FORTH IN 49 U.S.C.
259+LASS I RAILROAD" HAS THE MEANING SET FORTH IN 49
260+24
261+U.S.C.
244262 SEC. 20102 (1).
245-(3) "C
246-LASS II RAILROAD" HAS THE MEANING SET FORTH IN 49 U.S.C.
247-SEC. 20102 (1).
248-PAGE 5-HOUSE BILL 24-1030 (4) "CLASS III RAILROAD" HAS THE MEANING SET FORTH IN 49 U.S.C.
249-SEC. 20102 (1).
263+25
264+(3) "CLASS II RAILROAD" HAS THE MEANING SET FORTH IN 4926
265+U.S.C.
266+ SEC. 20102 (1).27
267+1030
268+-7- (4) "CLASS III RAILROAD" HAS THE MEANING SET FORTH IN 491
269+U.S.C.
270+ SEC. 20102 (1).2
250271 (5) "C
251272 OMMUNITY RAIL SAFETY ADVISORY COMMITTEE " MEANS THE
252-COMMUNITY RAIL SAFETY ADVISORY COMMITTEE CREATED IN SECTION
253-40-20-312.
254-(6) "D
255-EFECT" INCLUDES, BUT IS NOT LIMITED TO, HOT WHEEL
256-BEARINGS
257-, HOT WHEELS, DEFICIENT BEARINGS DETECTED THROUGH
258-ACOUSTIC MEANS
259-, DRAGGING OF EQUIPMENT, EXCESSIVE HEIGHT, EXCESSIVE
260-WEIGHT
261-, A SHIFTED LOAD, A LOOSE HOSE, IMPROPER RAIL TEMPERATURE, OR
262-A DEFICIENT WHEEL CONDITION
263-.
273+3
274+COMMUNITY RAIL SAFETY ADVISORY COMMITTEE " CREATED IN SECTION4
275+40-20-312.5
276+ 6
277+(6) "DEFECT" INCLUDES, BUT IS NOT LIMITED TO, HOT WHEEL7
278+BEARINGS, HOT WHEELS, DEFICIENT BEARINGS DETECTED THROUGH8
279+ACOUSTIC MEANS, DRAGGING OF EQUIPMENT , EXCESSIVE HEIGHT,9
280+EXCESSIVE WEIGHT, A SHIFTED LOAD, A LOOSE HOSE, IMPROPER RAIL10
281+TEMPERATURE, OR A DEFICIENT WHEEL CONDITION.11
264282 (7) "D
265283 ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
266-MEANING SET FORTH IN SECTION
267-24-4-109 (2)(b)(II).
268-(8) "D
269-RAGGING EQUIPMENT DETECTOR " MEANS AN ELECTRONIC
270-DEVICE OR OTHER TECHNOLOGY THAT MONITORS A PASSING TRAIN TO
271-ACTIVELY DETECT AND ALERT OPERATORS OF THE TRAIN OF THE EXISTENCE
272-OF ANY OBJECTS DRAGGING FROM THE TRAIN
273-.
274-(9) "F
275-UND" MEANS THE RAIL DISTRICT MAINTENANCE AND SAFETY
276-FUND CREATED IN SECTION
277-40-20-309.
278-(10) "H
279-AZARDOUS MATERIAL" HAS THE MEANING SET FORTH IN 49
284+12
285+MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).13
286+(8) "DRAGGING EQUIPMENT DETECTOR " MEANS AN ELECTRONIC14
287+DEVICE OR OTHER TECHNOLOGY THAT MONITORS A PASSING TRAIN TO15
288+ACTIVELY DETECT AND ALERT OPERATORS OF THE TRAIN OF THE16
289+EXISTENCE OF ANY OBJECTS DRAGGING FROM THE TRAIN .17
290+(9) "FUND" MEANS THE RAIL DISTRICT MAINTENANCE AND18
291+SAFETY FUND CREATED IN SECTION 40-20-309.19
292+(10) "HAZARDOUS MATERIAL" HAS THE MEANING SET FORTH IN 4920
280293 CFR
281- 171.8.
282-(11) "H
283-IGHWAY-RAIL CROSSING" MEANS:
294+ 171.8.21
295+(11)
296+ "HIGHWAY-RAIL CROSSING" MEANS:22
284297 (a) T
285-HE POINT AT WHICH ANY PUBLIC HIGHWAY IS OR WILL BE
286-CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD AT
287-,
288-ABOVE, OR BELOW GRADE;
298+HE POINT AT WHICH ANY PUBLIC HIGHWAY IS OR WILL BE23
299+CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD24
300+AT, ABOVE, OR BELOW GRADE;25
289301 (b) T
290-HE POINT AT WHICH THE TRACKS OR OTHER FACILITIES OF A
291-RAILROAD ARE OR MAY BE CONSTRUCTED ACROSS ANY PUBLIC HIGHWAY AT
292-,
293-ABOVE, OR BELOW GRADE;
302+HE POINT AT WHICH THE TRACKS OR OTHER FACILITIES OF A26
303+RAILROAD ARE OR MAY BE CONSTRUCTED ACROSS ANY PUBLIC HIGHWAY27
304+1030
305+-8- AT, ABOVE, OR BELOW GRADE;1
294306 (c) T
295-HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE
296-CONSTRUCTED ACROSS PRIVATE TRACKS ON WHICH ANY RAILROAD MAY
297-OPERATE AT
298-, ABOVE, OR BELOW GRADE; OR
299-PAGE 6-HOUSE BILL 24-1030 (d) THE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY
300-RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY
301-PUBLIC PATHWAY AT
302-, ABOVE, OR BELOW GRADE.
303-(12) "H
304-OT BEARINGS DETECTOR" MEANS AN INFRARED DETECTOR
305-LOCATED ALONG RAILROAD TRACKS TO DETECT AND ALERT THE OPERATORS
306-OF A PASSING TRAIN TO ANY OVERHEATING OF A TRAIN
307-'S BEARINGS, AXLES,
308-OR WHEELS.
309-(13) "I
310-NCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.
311-(14) "M
312-AIN LINE" MEANS A SEGMENT OR ROUTE OF RAILROAD
313-TRACKS OF ANY RAILROAD OVER WHICH FIVE MILLION OR MORE GROSS TONS
314-OF RAILROAD TRAFFIC IS TRANSPORTED ANNUALLY AS DOCUMENTED IN
315-TIMETABLES FILED WITH THE FEDERAL RAILROAD ADMINISTRATION
316-PURSUANT TO
317-49 CFR 217.7. "MAIN LINE" DOES NOT INCLUDE TOURIST,
318-SCENIC, HISTORIC, OR EXCURSION OPERATIONS AS DEFINED IN 49 CFR 238.5.
319-(15) "P
320-ASSENGER RAIL SYSTEM" HAS THE MEANING SET FORTH IN
321-SECTION
322-32-22-102 (9).
323-(16) "P
324-ATHWAY CROSSING" MEANS:
307+HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE2
308+CONSTRUCTED ACROSS PRIVATE TRACKS ON WHICH ANY RAILROAD MAY3
309+OPERATE AT, ABOVE, OR BELOW GRADE; OR4
310+(d) T
311+HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY5
312+RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY6
313+PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.7
314+(12)
315+ "HOT BEARINGS DETECTOR" MEANS AN INFRARED DETECTOR8
316+LOCATED ALONG RAILROAD TRACKS TO DETECT AND ALERT THE9
317+OPERATORS OF A PASSING TRAIN TO ANY OVERHEATING OF A TRAIN 'S10
318+BEARINGS, AXLES, OR WHEELS.11
319+(13) "INCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.12
320+(14) "MAIN LINE" MEANS A SEGMENT OR ROUTE OF RAILROAD13
321+TRACKS OF ANY RAILROAD OVER WHICH FIVE MILLION OR MORE GROSS14
322+TONS OF RAILROAD TRAFFIC IS TRANSPORTED ANNUALLY AS DOCUMENTED15
323+IN TIMETABLES FILED WITH THE FEDERAL RAILROAD ADMINISTRATION16
324+PURSUANT TO 49 CFR 217.7. "MAIN LINE" DOES NOT INCLUDE TOURIST,17
325+SCENIC, HISTORIC, OR EXCURSION OPERATIONS AS DEFINED IN 49 CFR18
326+238.5.19
327+(15) "PASSENGER RAIL SYSTEM" HAS THE MEANING SET FORTH IN20
328+SECTION 32-22-102 (9).21
329+(16) "PATHWAY CROSSING" MEANS:22
325330 (a) T
326-HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE
327-CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD AT
328-,
329-ABOVE, OR BELOW GRADE;
331+HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE23
332+CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD24
333+AT, ABOVE, OR BELOW GRADE;25
330334 (b) T
331-HE POINT AT WHICH ANY TRACKS OR OTHER FACILITIES OF A
332-RAILROAD ARE OR WILL BE CONSTRUCTED ACROSS ANY PUBLIC PATHWAY AT
333-,
334-ABOVE, OR BELOW GRADE;
335+HE POINT AT WHICH ANY TRACKS OR OTHER FACILITIES OF A26
336+RAILROAD ARE OR WILL BE CONSTRUCTED ACROSS ANY PUBLIC PATHWAY27
337+1030
338+-9- AT, ABOVE, OR BELOW GRADE;1
335339 (c) T
336-HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE
337-CONSTRUCTED ACROSS PRIVATE TRACKS OVER WHICH ANY RAILROAD MAY
338-OPERATE AT
339-, ABOVE, OR BELOW GRADE; OR
340-(d) THE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY
341-RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY
342-PUBLIC PATHWAY AT
343-, ABOVE, OR BELOW GRADE.
344-(17) "P
345-UBLIC CROSSING" MEANS A HIGHWAY-RAIL CROSSING OR
346-PAGE 7-HOUSE BILL 24-1030 PATHWAY CROSSING WHERE THE HIGHWAY OR PATHWAY ON BOTH SIDES OF
347-THE CROSSING IS UNDER THE JURISDICTION OF OR IS MAINTAINED BY A STATE
348-OR LOCAL ROAD AUTHORITY AND IS OPEN TO PUBLIC TRAVEL
349-.
350-(18) "P
351-UBLIC UTILITIES COMMISSION" OR "COMMISSION" MEANS THE
352-PUBLIC UTILITIES COMMISSION CREATED IN SECTION
353-40-2-101.
340+HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE2
341+CONSTRUCTED ACROSS PRIVATE TRACKS OVER WHICH ANY RAILR OAD MAY3
342+OPERATE AT, ABOVE, OR BELOW GRADE; OR4
343+(d) T
344+HE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY5
345+RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY6
346+PUBLIC PATHWAY AT, ABOVE, OR BELOW GRADE.7
347+(17)
348+ "PUBLIC CROSSING" MEANS A HIGHWAY-RAIL CROSSING OR8
349+PATHWAY CROSSING WHERE THE HIGHWAY OR PATHWAY ON BOTH SIDES9
350+OF THE CROSSING IS UNDER THE JURISDICTION OF OR IS MAINTAINED BY A10
351+STATE OR LOCAL ROAD AUTHORITY AND IS OPEN TO PUBLIC TRAVEL .11
352+(18) "PUBLIC UTILITIES COMMISSION" OR "COMMISSION" MEANS12
353+THE PUBLIC UTILITIES COMMISSION CREATED IN SECTION 40-2-101.13
354354 (19) "R
355355 AIL INDUSTRY SAFETY ADVISORY COMMITTEE " MEANS THE
356-RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED IN SECTION
357-40-20-313.
358-(20) "R
359-AILROAD" MEANS A PERSON PROVIDING RAILROAD
360-TRANSPORTATION
361-.
362-(21) "R
363-AILROAD TRANSPORTATION " MEANS ANY FORM OF
364-NONHIGHWAY GROUND TRANSPORTATION THAT RUNS ON RAILS OR
365-ELECTROMAGNETIC GUIDEWAYS
366-. "RAILROAD TRANSPORTATION " DOES NOT
367-INCLUDE RAPID TRANSIT OPERATIONS
368-, PUBLIC TRANSPORTATION, RAIL FIXED
369-GUIDEWAY OPERATIONS
370-, OR COMMUTER PASSENGER RAIL THAT :
371-(a) I
372-S IN AN URBAN OR A SUBURBAN AREA ; AND
373-(b) IS NOT CONNECTED TO A GENERAL OR AN INTERSTATE RAILROAD
374-SYSTEM
375-.
376-(22) "S
377-IDING" HAS THE MEANING SET FORTH IN 49 CFR 218.93.
378-(23) "T
379-RAIN" MEANS A LOCOMOTIVE UNIT OR LOCOMOTIVE UNITS ,
380-WITH OR WITHOUT CARS, THAT REQUIRE AN AIR BRAKE TEST PURSUANT TO
381-49 CFR 232 AND 49 CFR 238.
382-(24) "W
383-AYSIDE DETECTOR" MEANS AN ELECTRONIC DEVICE OR A
384-SERIES OF CONNECTED DEVICES THAT MONITORS A PASSING TRAIN TO
385-DETERMINE WHETHER THE TRAIN HAS A DEFECT
386-, INCLUDING A HOT BEARINGS
387-DETECTOR AND A DRAGGING EQUIPMENT DETECTOR
388-.
389-40-20-303. Wayside detector systems - obstructions at public
356+14
357+RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED IN SECTION15
358+40-20-313.16
359+(20) "RAILROAD" MEANS A PERSON PROVIDING RAILROAD17
360+TRANSPORTATION.18
361+(21) "RAILROAD TRANSPORTATION " MEANS ANY FORM OF19
362+NONHIGHWAY GROUND TRANSPORTATION THAT RUNS ON RAILS OR20
363+ELECTROMAGNETIC GUIDEWAYS . "RAILROAD TRANSPORTATION" DOES NOT21
364+INCLUDE RAPID TRANSIT OPERATIONS, PUBLIC TRANSPORTATION, RAIL22
365+FIXED GUIDEWAY OPERATIONS , OR COMMUTER PASSENGER RAIL THAT :23
366+(a) IS IN AN URBAN OR A SUBURBAN AREA ; AND24
367+(b) IS NOT CONNECTED TO A GENERAL OR AN INTERSTATE25
368+RAILROAD SYSTEM.26
369+(22) "SIDING" HAS THE MEANING SET FORTH IN 49 CFR 218.93.27
370+1030
371+-10- (23) "TRAIN" MEANS A LOCOMOTIVE UNIT OR LOCOMOTIVE UNITS ,1
372+WITH OR WITHOUT CARS, THAT REQUIRE AN AIR BRAKE TEST PURSUANT TO2
373+49
374+ CFR 232 AND 49 CFR 238.3
375+(24)
376+ "WAYSIDE DETECTOR" MEANS AN ELECTRONIC DEVICE OR A4
377+SERIES OF CONNECTED DEVICES THAT MONITORS A PASSING TRAIN TO5
378+DETERMINE WHETHER THE TRAIN HAS A DEFECT , INCLUDING A HOT6
379+BEARINGS DETECTOR AND A DRAGGING EQUIPMENT DETECTOR .7
380+ 8
381+40-20-303. Wayside detector systems - obstructions at public9
390382 crossings - reports. (1) O
391383 N OR BEFORE JANUARY 1, 2025, AND ON OR
392-BEFORE
393-JANUARY 1 OF EACH YEAR THEREAFTER, A RAILROAD OPERATING
394-ANY MAIN LINE IN THE STATE SHALL SUBMIT TO THE PUBLIC UTILITIES
395-PAGE 8-HOUSE BILL 24-1030 COMMISSION A PUBLIC REPORT THAT DISCLOSES , AT A MINIMUM, THE
396-FOLLOWING INFORMATION
397-:
384+10
385+BEFORE JANUARY 1 OF EACH YEAR THEREAFTER, A RAILROAD OPERATING11
386+ANY MAIN LINE IN THE STATE SHALL SUBMIT TO THE PUBLIC UTILITIES12
387+COMMISSION A PUBLIC REPORT THAT DISCLOSES , AT A MINIMUM, THE13
388+FOLLOWING INFORMATION :14
398389 (a) A
399390 N OVERVIEW OF THE TYPES OF, GENERAL LOCATIONS OF, AND
400-SPACING BETWEEN WAYSIDE DETECTORS ON MAIN LINES IN
401-COLORADO;
391+15
392+SPACING BETWEEN WAYSIDE DETECTORS ON MAIN LINES IN COLORADO;16
402393 (b) A
403394 GENERAL DESCRIPTION OF HOW THE WAYSIDE DETECTOR
404-SYSTEM PROMOTES SAFETY
405-, INCLUDING PLANS TO ADJUST OR IMPROVE THE
406-WAYSIDE DETECTOR SYSTEM OR REVIEW WAYSIDE DETECTOR TECHNOLOGY
407-;
395+17
396+SYSTEM PROMOTES SAFETY, INCLUDING PLANS TO ADJUST OR IMPROVE THE18
397+WAYSIDE DETECTOR SYSTEM OR REVIEW WAYSIDE D ETECTOR19
398+TECHNOLOGY;20
408399 (c) A
409- GENERAL DESCRIPTION OF THE PROCESS BY WHICH DEFECTS OR
410-OTHER DETECTIONS ARE MANAGED IN OR DER TO PROVIDE NOTICE TO TRAIN
411-OPERATORS AND OTHERS
412-; AND
413-(d) THE PERCENTAGE OF TIME THAT EACH TYPE OF WAYSIDE
414-DETECTOR WAS OPERATIONAL FOR THE PREVIOUS YEAR
415-.
400+ GENERAL DESCRIPTION OF THE PROCESS BY WHICH DEFECTS
401+21
402+OR OTHER DETECTIONS ARE MANAGED IN ORDER TO PROVIDE NOTICE TO22
403+TRAIN OPERATORS AND OTHERS ; AND23
404+(d) T
405+HE PERCENTAGE OF TIME THAT EACH TYPE OF WAYSIDE
406+24
407+DETECTOR WAS OPERATIONAL FOR THE PREVIOUS YEAR .25
416408 (2) (a) E
417409 XCEPT FOR TRAINS OR EQUIPMENT STOPPED DUE TO
418-MECHANICAL FAILURE WHERE SEPARATION OR MOVEMENT IS NOT POSSIBLE
419-,
420-THE STATE EXPECTS THAT ANY TRAIN OR EQUIPMENT OPERATING ON A MAIN
421-LINE OR SIDING IN THE STATE SHOULD BE OPERATED IN SUCH A MANNER AS
422-TO MINIMIZE OBSTRUCTION OF EMERGENCY VEHICLES AT HIGHWAY
423--RAIL
424-CROSSINGS
425-. UPON THE APPROACH OF AN EMERGENCY VEHICLE TO ANY
426-BLOCKED CROSSING
427-, AN EMERGENCY VEHICLE MAY GIVE WARNING OF ITS
428-APPROACH BY THE SOUNDING OF SIRENS
429-, FLASHING OF LIGHTS, WAVING OF
430-A FLAG
431-, OR ANY OTHER WARNING SUFFICIENT TO ATTRACT ATTENTION TO
432-THE EMERGENCY VEHICLE TO ALLOW THE TRAIN CREW TO SEPARATE THE
433-TRAIN OR EQUIPMENT AND CLEAR THE CROSSING WITH ALL POSSIBLE
434-DISPATCH TO PERMIT THE EMERGENCY VEHICLE TO PASS
435-. IF A BLOCKED
436-CROSSING IS NOT CLEARED
437-, THE ENTITY OPERATING THE EMERGENCY
438-VEHICLE OR THE DEPARTMENT OF PUBLIC SAFETY SHALL REQUEST THAT THE
439-RAILROAD IMMEDIATELY TAKE ANY ACTION
440-, CONSISTENT WITH SAFE
441-OPERATING PROCEDURES
442-, NECESSARY TO CLEAR THE HIGHWAY -RAIL
443-CROSSING
444-.
410+26
411+MECHANICAL FAILURE WHERE SEPARATION OR MOVEMENT IS NOT27
412+1030
413+-11- POSSIBLE, THE STATE EXPECTS THAT ANY TRAIN OR EQUIPMENT1
414+OPERATING ON A MAIN LINE OR SIDING IN THE STATE SHOULD BE OPERATED2
415+IN SUCH A MANNER AS TO MINIMIZE OBSTRUCTION OF EMERGENCY3
416+VEHICLES AT HIGHWAY-RAIL CROSSINGS. UPON THE APPROACH OF AN4
417+EMERGENCY VEHICLE TO ANY BLOCKED CROSSING , AN EMERGENCY5
418+VEHICLE MAY GIVE WARNING OF ITS APPROACH BY THE SOUNDING OF6
419+SIRENS, FLASHING OF LIGHTS, WAVING OF A FLAG, OR ANY OTHER WARNING7
420+SUFFICIENT TO ATTRACT ATTENTION TO THE EMERGENCY VEHICLE TO8
421+ALLOW THE TRAIN CREW TO SEPARATE THE TRAIN OR EQUIPMENT AND9
422+CLEAR THE CROSSING WITH ALL POSSIBLE DISPATCH TO PERMIT THE10
423+EMERGENCY VEHICLE TO PASS. IF A BLOCKED CROSSING IS NOT CLEARED,11
424+THE ENTITY OPERATING THE EMERGENCY VEHICLE OR THE DEPARTMENT12
425+OF PUBLIC SAFETY SHALL REQUEST THAT THE RAILROAD IMMEDIATELY13
426+TAKE ANY ACTION, CONSISTENT WITH SAFE OPERATING PROCEDURES ,14
427+NECESSARY TO CLEAR THE HIGHWAY -RAIL CROSSING.15
445428 (b) T
446429 HE DEPARTMENT OF PUBLIC SAFETY SHALL , AND OTHER
447-EMERGENCY VEHICLE OPERATORS MAY
448-, REPORT TO THE OFFICE OF RAIL
449-SAFETY THE DETAILS OF ANY EVENT IN WHICH AN EMERGENCY VEHICLE WAS
450-STOPPED OR DELAYED BY A TRAIN BLOCKING A HIGHWAY
451--RAIL CROSSING,
452-ANY REQUEST THAT WAS MADE TO CLEAR THE CROSSING , THE RESOLUTION
453-PAGE 9-HOUSE BILL 24-1030 OF ANY SUCH REQUEST , AND ANY EFFECTS THAT THE DELAY OF THE
454-EMERGENCY VEHICLE HAD ON THE EMERGENCY RESPONSE
455-.
430+16
431+EMERGENCY VEHICLE OPERATORS MAY , REPORT TO THE OFFICE OF RAIL17
432+SAFETY THE DETAILS OF ANY EVENT IN WHICH AN EMERGENCY VEHICLE18
433+WAS STOPPED OR DELAYED BY A TRAIN BLOCKING A HIGHWAY -RAIL19
434+CROSSING, ANY REQUEST THAT WAS MADE TO CLEAR THE CROSSING , THE20
435+RESOLUTION OF ANY SUCH REQUEST , AND ANY EFFECTS THAT THE DELAY21
436+OF THE EMERGENCY VEHICLE HAD ON THE EMERGENCY RESPONSE .22
456437 (c) A
457-S USED IN THIS SUBSECTION (2), "EMERGENCY VEHICLE" MEANS:
458-(I) A
459-N AMBULANCE OPERATED BY A PUBLIC AUTHORITY OR BY A
460-PRIVATE PERSON
461-;
438+S USED IN THIS SUBSECTION (2), "EMERGENCY VEHICLE"
439+23
440+MEANS:24
441+(I) AN AMBULANCE OPERATED BY A PUBLIC AUTHORITY OR BY A25
442+PRIVATE PERSON;26
462443 (II) A
463444 POLICE VEHICLE;
464-(III) A
465- FIRE ENGINE;
466-(IV) A
467- VEHICLE OPERATED BY A POWER COMPANY , ELECTRIC
468-COMPANY
469-, OR OTHER PUBLIC UTILITY;
470-(V) A
471- VEHICLE USED FOR EMERGENCY PURPOSES BY THE FEDERAL
472-GOVERNMENT OF THE
473-UNITED STATES; OR
474-(VI) ANY OTHER VEHICLE THAT IS BEING OPERATED FOR THE
475-PURPOSE OF SAVING LIFE OR PROPERTY OR RESPONDING TO ANY PUBLIC
476-PERIL
477-.
445+27
446+1030
447+-12- (III) A FIRE ENGINE;1
448+(IV) A VEHICLE OPERATED BY A POWER COMPANY , ELECTRIC2
449+COMPANY, OR OTHER PUBLIC UTILITY;3
450+(V) A VEHICLE USED FOR EMERGENCY PURPOSES BY THE FEDERAL4
451+GOVERNMENT OF THE UNITED STATES; OR5
452+(VI) ANY OTHER VEHICLE THAT IS BEING OPERATED FOR THE6
453+PURPOSE OF SAVING LIFE OR PROPERTY OR RESPONDING TO ANY PUBLIC7
454+PERIL.8
478455 40-20-304. Emergency operations. (1) S
479456 TATE EMERGENCY
480-RESPONSE AUTHORITIES MAY RECOMMEND ACTIONS NECESSARY TO PROTECT
481-RAILROADS
482-, RAIL WORKERS, AND PUBLIC SAFETY IN THE EVENT OF AN
483-EMERGENCY SUCH AS WILDFIRE
484-, FLOOD, EARTH MOVEMENT , OR CIVIL
485-DISORDER
486-, INCLUDING STOPPING OR REROUTING RAIL TRAFFIC IF DEEMED
487-NECESSARY
488-.
457+9
458+RESPONSE AUTHORITIES MAY RECOMMEND ACTIONS NECESSARY TO10
459+PROTECT RAILROADS, RAIL WORKERS, AND PUBLIC SAFETY IN THE EVENT11
460+OF AN EMERGENCY SUCH AS WILDFIRE , FLOOD, EARTH MOVEMENT, OR12
461+CIVIL DISORDER, INCLUDING STOPPING OR REROUTING RAIL TRAFFIC IF13
462+DEEMED NECESSARY.14
489463 (2) A
490- RAILROAD SHALL RESPOND TO A STATE EMERGENCY RESPONSE
491-AUTHORITY PROMPTLY AND WORK CLOSELY WITH STATE AND LOCAL
492-OFFICIALS DURING EMERGENCIES TO COORDINATE RESPONSE EFFORTS AND
493-ENSURE THE SAFETY OF RAIL PERSONNEL AND THE PUBLIC
494-.
464+ RAILROAD SHALL RESPOND TO A STATE EMERGENCY
465+15
466+RESPONSE AUTHORITY PROMPTLY AND WORK CLOSELY WITH STATE AND16
467+LOCAL OFFICIALS DURING EMERGENCIES TO COORDINATE RESPONSE17
468+EFFORTS AND ENSURE THE SAFETY OF RAIL PERSONNEL AND THE PUBLIC .18
495469 40-20-305. Incident response requirements. (1) (a) A
496470 RAILROAD
497-OPERATING IN
498-COLORADO THAT ACCOMMODATES HIGH -HAZARD FLAMMABLE
499-TRAINS OR HIGH
500--HAZARD HIGH-CONSEQUENCE HAZARDOUS MATERIAL SHALL
501-COORDINATE WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING
502-EMERGENCY RESPONSE AND SPILL RESPONSE CAPACITY AND PLANNING
503-. THE
504-RAILROAD AND THE DEPARTMENT OF PUBLIC SAFETY SHALL COORDINATE
505-PAGE 10-HOUSE BILL 24-1030 REGARDING THE ADEQUACY OF CACHES OF EQUIPMENT , SUPPLIES, AND
506-AVAILABLE STAFF TO MITIGATE ALL HAZARDS LIKELY WITHIN THE AREA
507-COVERED BY EACH CACHE
508-, INCLUDING CONSIDERATION OF:
471+19
472+OPERATING IN COLORADO THAT ACCOMM ODATES HIGH -HAZARD20
473+FLAMMABLE TRAINS OR HIGH-HAZARD HIGH-CONSEQUENCE HAZARDOUS21
474+MATERIAL SHALL COORDINATE WITH THE DEPARTMENT OF PUBLIC SAFETY22
475+REGARDING EMERGENCY RESPONSE AND SPILL RESPONSE CAPACITY AND23
476+PLANNING. THE RAILROAD AND THE DEPARTMENT OF PUBLIC SAFETY24
477+SHALL COORDINATE REGARDING THE ADEQUACY OF CACHES OF25
478+EQUIPMENT, SUPPLIES, AND AVAILABLE STAFF TO MITIGATE ALL HAZARDS26
479+LIKELY WITHIN THE AREA COVERED BY EACH CACHE , INCLUDING27
480+1030
481+-13- CONSIDERATION OF:1
509482 (I) F
510483 IRE SUPPRESSION FOAM AND FOAM SYSTEMS ;
484+2
511485 (II) A
512486 BSORBENT MATERIALS AND CONTAINMENT BOOMS ;
487+3
513488 (III) S
514489 PECIALIZED LEAK MITIGATION AND REPAIR KITS ;
490+4
515491 (IV) C
516492 HEMICAL PROTECTIVE CLOTHING ;
493+5
517494 (V) P
518495 ERSONNEL DECONTAMINATION SUPPLIES ;
496+6
519497 (VI) I
520498 NTEROPERABLE COMMUNICATION EQUIPMENT ; AND
521-(VII) RESPONSE TIMES.
499+7
500+(VII) R
501+ESPONSE TIMES.
502+8
522503 (b) A
523504 RAILROAD SHALL ENSURE THAT LOCAL AND STATE FIRST
524-RESPONDERS HAVE ACCESS TO THE CACHED EQUIPMENT NECESSARY TO
525-RESPOND TO RAIL INCIDENTS
526-.
505+9
506+RESPONDERS HAVE ACCESS TO THE CACHED EQUIPMENT NECESSARY TO10
507+RESPOND TO RAIL INCIDENTS.11
527508 (c) R
528509 ESOURCES DESCRIBED IN THIS SUBSECTION (1) MAY BE
529-MAINTAINED
530-:
510+12
511+MAINTAINED:13
531512 (I) A
532513 S PARTNERSHIPS WITH FEDERAL, STATE, COUNTY, OR LOCAL
533-AGENCIES
534-, INCLUDING LOCAL FIRE DEPARTMENTS AND POLICE
535-DEPARTMENTS
536-; OR
537-(II) PURSUANT TO CONTRACTS WITH OTHER RAILROADS OR
538-EMERGENCY RESPONSE ENTITIES
539-.
514+14
515+AGENCIES, INCLUDING LOCAL FIRE DEPARTMENTS AND POLICE15
516+DEPARTMENTS; OR16
517+(II) P
518+URSUANT TO CONTRACTS WITH OTHER RAILROADS OR
519+17
520+EMERGENCY RESPONSE ENTITIES .18
540521 (2) N
541522 OTHING IN THIS SECTION CREATES ANY DUTY FOR A LOCAL
542-GOVERNMENT
543-; EXCEPT THAT A LOCAL GOVERNMENT MAY AGREE TO ASSUME
544-DUTIES DELEGATED TO THE LOCAL GOVERNMENT BY A RAILROAD
545-.
523+19
524+GOVERNMENT; EXCEPT THAT A LOCAL GOVERNMENT MAY AGREE TO20
525+ASSUME DUTIES DELEGATED TO THE LOCAL GOVERNMENT BY A RAILROAD .21
546526 (3) A
547527 RAILROAD MAY PARTNER WITH ONE OR MORE COUNTIES OR
548-OTHER REGIONAL ENTITIES TO SUPPORT REGIONAL HAZARDOUS MATERIALS
549-TEAMS AND CAPABILITIES
550-.
551-PAGE 11-HOUSE BILL 24-1030 (4) EACH RAILROAD SHALL COORDINATE WITH THE DEPARTMENT OF
552-PUBLIC SAFETY TO CONDUCT AT LEAST TWO HAZARDOUS MATERIALS
553-RESPONSE TABLETOP EXERCISES EACH YEAR WITH OTHER FEDERAL
554-,
555-REGIONAL, STATE, AND LOCAL AGENCIES , INCLUDING AT LEAST ONE
556-SCENARIO INVOLVING DERAILMENT AND RELEASE OF CRUDE OIL OR OTHER
557-FLAMMABLE MATERIALS AND AT LEAST ONE INCIDENT WITH DERAILMENT
558-INVOLVING INHALATION HAZARDS
559-.
528+22
529+OTHER REGIONAL ENTITIES TO SUPPORT REGIONAL HAZARDOUS MATERIALS23
530+TEAMS AND CAPABILITIES.24
531+(4) E
532+ACH RAILROAD SHALL COORDINATE WITH THE DEPARTMENT
533+25
534+OF PUBLIC SAFETY TO CONDUCT AT LEAST TWO HAZARDOUS MATERIALS26
535+RESPONSE TABLETOP EXERCISES EACH YEAR WITH OTHER FEDERAL ,27
536+1030
537+-14- REGIONAL, STATE, AND LOCAL AGENCIES , INCLUDING AT LEAST ONE1
538+SCENARIO INVOLVING DERAILMENT AND RELEASE OF CRUDE OIL OR OTHER2
539+FLAMMABLE MATERIALS AND AT LEAST ONE INCIDENT WITH DERAILMENT3
540+INVOLVING INHALATION HAZARDS .4
560541 40-20-306. Emergency notifications. (1) W
561-ITHIN THIRTY MINUTES
562-AFTER DISCOVERING AN EMERGENCY INVOLVING A TRAIN
563-, UNLESS
564-COMMUNICATION IS IMPOSSIBLE
565-, THE RAILROAD OPERATING THE TRAIN
566-SHALL NOTIFY THE STATE
567-'S WATCH CENTER OF THE EMERGENCY BY
568-TELEPHONE OR ANOTHER AGREED
569--UPON METHOD OF COMMUNICATION TO
570-ENSURE THAT AUTHORITIES CAN RESPOND SWIFTLY AND APPROPRIATELY
571-.
542+ITHIN THIRTY
543+5
544+MINUTES AFTER DISCOVERING AN EMERGENCY INVOLVING A TRAIN ,6
545+UNLESS COMMUNICATION IS IMPOSSIBLE , THE RAILROAD OPERATING THE7
546+TRAIN SHALL NOTIFY THE STATE'S WATCH CENTER OF THE EMERGENCY BY8
547+TELEPHONE OR ANOTHER AGREED -UPON METHOD OF COMMUNICATION TO9
548+ENSURE THAT AUTHORITIES CAN RESPOND SWIFTLY AND APPROPRIATELY .10
572549 E
573550 MERGENCY CONDITIONS THAT REQUIRE A RAILROAD TO PROVIDE SUCH
574-NOTICE INCLUDE
575-:
551+11
552+NOTICE INCLUDE:12
576553 (a) R
577554 ELEASE OF ANY HAZARDOUS MATERIAL ;
555+13
578556 (b) D
579557 EATH OF ANY INDIVIDUAL;
558+14
580559 (c) I
581560 NJURY TO ANY INDIVIDUAL THAT REQUIRES MEDICAL
582-TREATMENT IN ADDITION TO FIRST AID
583-;
561+15
562+TREATMENT IN ADDITION TO FIRST AID;16
584563 (d) A
585564 NY FIRE OR RISK OF FIRE; AND
586-(e) PROPERTY DAMAGE AMOUNTING TO FIFTY THOUSAND DOLLARS
587-OR MORE
588-.
565+17
566+(e) P
567+ROPERTY DAMAGE AMOUNTING TO FIFTY T HOUSAND DOLLARS
568+18
569+OR MORE.19
589570 (2) T
590571 HE NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS
591-SECTION MUST INCLUDE
592-:
572+20
573+SECTION MUST INCLUDE:21
593574 (a) D
594-ETAILS ABOUT THE NATURE AND SEVERITY OF THE EMERGENCY ,
595-SUCH AS THE TYPE OF INCIDENT , THE LOCATION OF THE INCIDENT , THE
596-POTENTIAL HAZARDS INVOLVED
597-, AND ANY IMMEDIATE ACTIONS TAKEN OR
598-REQUIRED
599-;
575+ETAILS ABOUT THE NATURE AND SEVERITY OF THE
576+22
577+EMERGENCY, SUCH AS THE TYPE OF INCIDENT , THE LOCATION OF THE23
578+INCIDENT, POTENTIAL HAZARDS INVOLVED, AND ANY IMMEDIATE ACTIONS24
579+TAKEN OR REQUIRED;25
600580 (b) T
601-HE EXTENT OF THE IMPACT OF THE EMERGENCY , INCLUDING ANY
602-INJURIES
603-, FATALITIES, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGE ;
604-PAGE 12-HOUSE BILL 24-1030 (c) IMPACTS ON OTHER SURFACE TRANSPORTATION , INCLUDING
605-BLOCKED ROADWAYS
606-;
581+HE EXTENT OF THE IMPACT OF THE EMERGENCY , INCLUDING
582+26
583+ANY INJURIES, FATALITIES, PROPERTY DAMAGE , OR ENVIRONMENTAL27
584+1030
585+-15- DAMAGE;1
586+(c) I
587+MPACTS ON OTHER SURFACE TRANSPORTATION , INCLUDING
588+2
589+BLOCKED ROADWAYS ;3
607590 (d) I
608591 F THE EMERGENCY INVOLVES THE TRANSPORTATION OF
609-HAZARDOUS MATERIALS
610-, SPECIFIC INFORMATION ABOUT THE MATERIALS
611-INVOLVED
612-, THEIR QUANTITIES, AND ANY POTENTIAL RISKS TO PUBLIC SAFETY
613-OR THE ENVIRONMENT
614-;
592+4
593+HAZARDOUS MATERIALS , SPECIFIC INFORMATION ABOUT THE MATERIALS5
594+INVOLVED, THEIR QUANTITIES, AND ANY POTENTIAL RISKS TO PUBLIC6
595+SAFETY OR THE ENVIRONMENT ;7
615596 (e) R
616597 ESPONSE ACTIONS TAKEN TO MITIGATE THE EMERGENCY ;
598+8
617599 (f) R
618600 EQUESTS FOR ASSISTANCE , INCLUDING EVACUATIONS ,
619-CONTAINMENT, AND ADDITIONAL RESOURCES; AND
620-(g) ANY IMMEDIATE COORDINATION EFFORTS THAT HAVE TAKEN
621-PLACE WITH LOCAL AUTHORITIES
622-.
601+9
602+CONTAINMENT, AND ADDITIONAL RESOURCES; AND10
603+(g) A
604+NY IMMEDIATE COORDINATION EFFORTS THAT HAVE TAKEN
605+11
606+PLACE WITH LOCAL AUTHORITIES.12
623607 (3) A
624-FTER PROVIDING THE EMERGENCY NOTIFICATION DESCRIBED IN
625-SUBSECTION
626-(1) OF THIS SECTION, A RAILROAD SHALL SUBMIT FOLLOW -UP
627-REPORTS TO THE COMMISSION AND COORDINATE RESPONSE EFFORTS
628-.
608+FTER PROVIDING THE EMERGENCY NOTIFICATION DESCRIBED
609+13
610+IN SUBSECTION (1) OF THIS SECTION, A RAILROAD SHALL SUBMIT14
611+FOLLOW-UP REPORTS TO THE COMMISSION AND COORDINATE RESPONSE15
612+EFFORTS.16
629613 (4) A
630614 RAILROAD THAT PROVIDES A NOTIFICATION DESCRIBED IN
631-SUBSECTION
632-(1) OF THIS SECTION SHALL ALSO NOTIFY THE COMMUNITY RAIL
633-SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY
634-COMMITTEE OF THE INCIDENT WITHIN THIRTY DAYS AFTER PROVIDING THE
635-NOTIFICATION DESCRIBED IN SUBSECTION
636-(1) OF THIS SECTION.
637-40-20-307. Reporting violation to union representative - request
638-for investigation. (1) A
639- CREW MEMBER OF A TRAIN OPERATED BY A
640-RAILROAD IN THE STATE MAY REPORT TO THE CREW MEMBER
641-'S DESIGNATED
642-UNION REPRESENTATIVE
643-:
615+17
616+SUBSECTION (1) OF THIS SECTION SHALL ALSO NOTIFY THE COMMUNITY18
617+RAIL SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY19
618+ADVISORY COMMITTEE OF THE INCIDENT WITHIN THIRTY DAYS AFTER20
619+PROVIDING THE NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS21
620+SECTION.22
621+40-20-307. Reporting violation to union representative -23
622+request for investigation. (1) A
623+ CREW MEMBER OF A TRAIN
624+ OPERATED BY24
625+A RAILROAD IN THE STATE MAY REPORT TO THE CREW MEMBER 'S25
626+DESIGNATED UNION REPRESENTATIVE :26
644627 (a) A
645- VIOLATION OF ANY OF THE SAFETY REQUIREMENTS SPECIFIED
646-IN THIS PART
647-3;
628+ VIOLATION OF ANY OF THE SAFETY REQUIREMENTS SPECIFIED27
629+1030
630+-16- IN THIS PART 3;1
648631 (b) A
649-N INJURY THE CREW MEMBER OR ANOTHER CREW MEMBER
650-SUSTAINED WHILE OPERATING A TRAIN ON ANY TRACK IN CONNECTION WITH
651-RAILROAD TRANSPORTATION IN THE STATE
652-; OR
653-(c) A DEATH THAT OCCURRED DURING THE OPERATION OF A TRAIN .
654-PAGE 13-HOUSE BILL 24-1030 (2) A DESIGNATED UNION REPRESENTATIVE RECEIVING A REPORT
655-MAY REQUEST AN INVESTIGATION FROM THE OFFICE OF RAIL SAFETY
656-.
657-40-20-308. Violations - penalties - rules. (1) I
658-F A RAILROAD OR
659-ANY OFFICER
660-, AGENT, OR EMPLOYEE OF THE RAILROAD VIOLATES SECTION
661-40-20-303, THE PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF NOT
662-LESS THAN TEN THOUSAND DOLLARS BUT NOT MORE THAN TWENTY
663--FIVE
664-THOUSAND DOLLARS ON THE RAILROAD
665-. EACH DAY OF A CONTINUING
666-VIOLATION CONSTITUTES A SEPARATE VIOLATION
667-.
632+N INJURY THE CREW MEMBER OR ANOTHER CREW MEMBER2
633+SUSTAINED WHILE OPERATING A TRAIN ON ANY
634+TRACK IN CONNECTION3
635+WITH RAILROAD TRANSPORTATION IN THE STATE ; OR4
636+(c) A
637+ DEATH THAT OCCURRED DURING THE OPERATION OF A TRAIN .5
638+(2) A
639+ DESIGNATED UNION REPRESENTATIVE RECEIVING A REPORT6
640+MAY REQUEST AN INVESTIGATION FROM THE OFFICE OF RAIL SAFETY .
641+7
642+40-20-308. Violations - penalties - rules. (1) I F A RAILROAD OR8
643+ANY OFFICER, AGENT, OR EMPLOYEE OF THE RAILROAD VIOLATES SECTION9
644+40-20-303,
645+ THE PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF
646+ NOT10
647+LESS THAN TEN THOUSAND DOLLARS BUT NOT MORE THAN TWENTY -FIVE11
648+THOUSAND DOLLARS ON THE RAILROAD . EACH DAY OF A CONTINUING12
649+VIOLATION CONSTITUTES A SEPARATE VIOLATION .13
668650 (2) N
669-OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE
670-PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF UP TO ONE HUNDRED
671-THOUSAND DOLLARS PER VIOLATION IF THE COMMISSION FINDS
672-:
651+OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE14
652+PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF UP TO ONE HUNDRED15
653+THOUSAND DOLLARS PER VIOLATION IF THE COMMISSION FINDS :16
673654 (a) T
674-HE RAILROAD INTENTI ONALLY OR KNOWINGLY VIOLATED
675-SECTION
676-40-20-303; OR
677-(b) THE RAILROAD'S VIOLATION WAS PART OF A PATTERN AND
678-PRACTICE OF REPEATED VIOLATIONS OF SECTION
679-40-20-303.
655+HE RAILROAD INTENTIONALLY OR KNOWINGLY VIOLATED17
656+SECTION 40-20-303; OR
657+18
658+(b) T
659+HE RAILROAD'S VIOLATION WAS PART OF A PATTERN AND19
660+PRACTICE OF REPEATED VIOLATIONS OF SECTION 40-20-303.
661+20
680662 (3) T
681-HE PUBLIC UTILITIES COMMISSION SHALL TRANSFER ALL FINES
682-COLLECTED PURSUANT TO SUBSECTIONS
683-(1) AND (2) OF THIS SECTION TO THE
684-STATE TREASURER
685-, WHO SHALL CREDIT THE FINES TO THE FUND.
663+HE PUBLIC UTILITIES COMMISSION SHALL TRANSFER ALL FINES21
664+COLLECTED PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION TO22
665+THE STATE TREASURER, WHO SHALL CREDIT THE FINES TO THE FUND.23
686666 (4) T
687-HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES
688-FOR THE DETERMINATION
689-, IMPOSITION, AND APPEAL OF FINES UNDER THIS
690-SECTION
691-.
692-40-20-309. Rail district maintenance and safety fund - created.
693-(1) T
694-HE RAIL DISTRICT MAINTENANCE AND SAFETY FUND IS HEREBY
695-CREATED IN THE STATE TREASURY
696-. THE FUND CONSISTS OF ANY MONEY
697-CREDITED TO THE FUND PURSUANT TO SECTION
698-40-20-308 (3) AND ANY
699-OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR
700-TRANSFER TO THE FUND
701-.
667+HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES24
668+FOR THE DETERMINATION, IMPOSITION, AND APPEAL OF FINES UNDER THIS25
669+SECTION.26
670+40-20-309.
671+ Rail district maintenance and safety fund - created.27
672+1030
673+-17- (1) THE RAIL DISTRICT MAINTENANCE AND SAFETY F UND IS HEREBY1
674+CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF ANY MONEY2
675+CREDITED TO THE FUND PURSUANT TO SECTION 40-20-308 (3) AND ANY3
676+OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR4
677+TRANSFER TO THE FUND.5
702678 (2) T
703-HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
704-DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
705-THE FUND
706-.
707-(3) (a) F
708-OR THE 2025-26 STATE FISCAL YEAR AND EACH STATE
709-PAGE 14-HOUSE BILL 24-1030 FISCAL YEAR THEREAFTER, MONEY IN THE FUND IS ANNUALLY APPROPRIATED
710-TO THE TRANSIT AND RAIL DIVISION IN THE DEPARTMENT OF
711-TRANSPORTATION
712-. THE DIVISION MAY EXPEND THE MONEY RECEIVED FOR
713-THE PURPOSES OF
714-:
715-(I) S
716-AFETY PLANNING AND DEVELOPMENT DURING THE RESEARCH ,
717-DEVELOPMENT, AND CONSTRUCTION OF A PASSENGER RAIL SYSTEM ;
679+HE STATE TREASURER SHALL CREDIT ALL INTEREST AND6
680+INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE7
681+FUND TO THE FUND.8 (3) (a) FOR THE 2025-26 STATE FISCAL YEAR AND EACH STATE9
682+FISCAL YEAR THEREAFTER, MONEY IN THE FUND IS ANNUALLY10
683+APPROPRIATED TO THE TRANSIT AND RAIL DIVISION IN THE DEPARTMENT11
684+OF TRANSPORTATION. THE DIVISION MAY EXPEND THE MONEY RECEIVED12
685+FOR THE PURPOSES OF:13
686+(I) SAFETY PLANNING AND DEVELOPMENT DURING THE RESEARCH ,14
687+DEVELOPMENT, AND CONSTRUCTION OF A PASSENGER RAIL SYSTEM ;15
718688 (II) P
719689 LANNING, DESIGN, CONSTRUCTION, OR MAINTENANCE AND
720-OPERATION OF SAFETY IMPROVEMENTS ON ANY RAILROAD OR RAILROAD
721-CROSSING IN THE STATE
722-; AND
723-(III) COMPLETING CAPITAL DEVELOPMENT PROJECTS TO IMPROVE
724-THE SAFETY OF A PASSENGER RAIL SYSTEM
725-.
690+16
691+OPERATION OF SAFETY IMPROVEMENTS ON ANY RAILROAD OR RAILROAD17
692+CROSSING IN THE STATE; AND18
693+(III) COMPLETING CAPITAL DEVELOPMENT PROJECTS TO IMPROVE19
694+THE SAFETY OF A PASSENGER RAIL SYSTEM .20
726695 (b) M
727-ONEY IN THE FUND IS NOT INTENDED TO INCREASE THE NUMBER
728-OF FULL
729--TIME EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION .
730-40-20-310. Training - rules. (1) O
731-N OR BEFORE JULY 1, 2025, AND
732-AT LEAST ONCE EVERY THREE YEARS THEREAFTER
733-, EACH RAILROAD SHALL
734-OFFER TRAINING TO EACH FIRE DEPARTMENT AND OTHER FIRST RESPONDER
735-ORGANIZATION HAVING JURISDICTION ALONG TRACKS UPON WHICH THE
736-RAILROAD OPERATES IN THE STATE
737-. IN SATISFYING THIS REQUIREMENT, A
738-RAILROAD MAY OFFER SUCH TRAINING SIMULTANEOUSLY TO MORE THAN
739-ONE FIRE DEPARTMENT AND OTHER FIRST RESPONDER ORGANIZATION
740-.
696+ONEY IN THE FUND IS NOT INTENDED TO INCREASE THE
697+21
698+NUMBER OF FULL -TIME EMPLOYEES OF THE DEPARTMENT OF22
699+TRANSPORTATION.23
700+40-20-310. Training - rules. (1) O N OR BEFORE JULY 1, 2025,24
701+AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER , EACH RAILROAD25
702+SHALL OFFER TRAINING TO EACH FIRE DEPARTMENT AND OTHER FIRST26
703+RESPONDER ORGANIZATION HAVING JURISDICTION ALONG TRACKS UPON27
704+1030
705+-18- WHICH THE RAILROAD OPERATES IN THE STATE . IN SATISFYING THIS1
706+REQUIREMENT, A RAILROAD MAY OFFER SUCH TRAINING SIMULTANEOUSLY2
707+TO MORE THAN ONE FIRE DEPARTMENT AND OTHER FIRST RESPONDER3
708+ORGANIZATION.4
741709 (2) T
742-HE TRAINING DESCRIBED IN SUBSECTION (1) OF THIS SECTION
743-MUST
744-:
710+HE TRAINING DESCRIBED IN SUBSECTION (1) OF THIS SECTION5
711+MUST:6
745712 (a) A
746-DDRESS THE GENERAL HAZARDS OF HAZARDOUS MATERIALS ,
747-TECHNIQUES TO ASSESS RISKS POSED TO THE ENVIRONMENT AND TO THE
748-SAFETY OF EMERGENCY RESPONDERS AND THE PUBLIC
749-, FACTORS AN
750-INCIDENT COMMANDER MUST CONSIDER IN DETERMINING WHETHER TO
751-ATTEMPT TO SUPPRESS A FIRE OR TO EVACUATE THE PUBLIC AND EMERGENCY
752-RESPONDERS FROM AN AREA
753-, PUBLIC NOTIFICATION PROCESSES ,
754-ENVIRONMENTAL CONTAMINATION RESPONSE , RESOURCE COORDINATION ,
755-AND OTHER STRATEGIES FOR INITIAL RESPONSE BY EMERGENCY
756-RESPONDERS
757-; AND
758-(b) INCLUDE SAFETY DRILLS THAT IMPLEMENT SUGGESTED
759-PAGE 15-HOUSE BILL 24-1030 PROTOCOLS OR PRACTICES FOR EMERGENCY RESPONDERS TO USE TO SAFELY
760-ACCOMPLISH THE TASKS DESCRIBED IN SUBSECTION
761- (2)(a) OF THIS SECTION.
762-E
763-ACH RAILROAD OPERATING TRAINS IN COLORADO SHALL CONDUCT AT
764-LEAST ONE OIL CONTAINMENT
765-, RECOVERY, AND SENSITIVE AREA PROTECTION
766-WALKTHROUGH
767-; TABLETOP EXERCISE; OR FUNCTIONAL EXERCISE INVOLVING
768-OIL OR HAZARDOUS SUBSTANCES EVERY YEAR
769-, AND AT LEAST ONE
770-FULL
771--SCALE EXERCISE EVERY FIVE YEARS, IN COORDINATION WITH LOCAL
772-EMERGENCY MANAGEMENT ORGANIZATIONS AND LOCAL FIRE CHIEFS
773-.
774-(3) T
775-HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES
776-FOR THE IMPLEMENTATION OF THIS SECTION
777-, INCLUDING RULES CONCERNING
778-TRAINING CONTENT
779-, SAFETY DRILLS, COMMUNICATION, AND RAILROAD
780-INCIDENT RESPONSE REQUIREMENTS
781-.
713+DDRESS THE GENERAL HAZARDS OF
714+ HAZARDOUS7
715+MATERIALS, TECHNIQUES TO ASSESS RISKS POSED TO THE ENVIRONMENT8
716+AND TO THE SAFETY OF EMERGENCY RESPONDERS AND THE PUBLIC ,9
717+FACTORS AN INCIDENT COMMANDER MUST CONSIDER IN DETERMINING10
718+WHETHER TO ATTEMPT TO SUPPRESS A FIRE OR TO EVACUATE THE PUBLIC11
719+AND EMERGENCY RESPONDERS FROM AN AREA , PUBLIC NOTIFICATION12
720+PROCESSES, ENVIRONMENTAL CONTAMINATION RESPONSE , RESOURCE13
721+COORDINATION, AND OTHER STRATEGIES FOR INITIAL RESPONSE BY14
722+EMERGENCY RESPONDERS ; AND15
723+(b) I
724+NCLUDE SAFETY DRILLS THAT IMPLEMENT SUGGESTED16
725+PROTOCOLS OR PRACTICES FOR EMERGENCY RESPONDERS TO USE TO17
726+SAFELY ACCOMPLISH THE TASK S DESCRIBED IN SUBSECTION (2)(a) OF THIS18SECTION. EACH RAILROAD OPERATING TRAINS IN COLORADO SHALL19
727+CONDUCT AT LEAST ONE OIL CONTAINMENT, RECOVERY, AND SENSITIVE20
728+AREA PROTECTION WALKTHROUGH; TABLETOP EXERCISE; OR FUNCTIONAL21
729+EXERCISE INVOLVING OIL OR HAZARDOUS SUBSTANCES EVERY YEAR, AND22
730+AT LEAST ONE FULL-SCALE EXERCISE EVERY FIVE YEARS , IN23
731+COORDINATION WITH LOCAL EMERGENCY MANAGEMENT ORGANIZATIONS24
732+AND LOCAL FIRE CHIEFS.25
733+(3) THE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES26
734+FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING RULES27
735+1030
736+-19- CONCERNING TRAINING CONTENT, SAFETY DRILLS, COMMUNICATION, AND1
737+RAILROAD INCIDENT RESPONSE REQUIREMENTS .2
782738 (4) I
783-N SATISFYING THE REQUIREMENTS OF THIS SECTION, A RAILROAD
784-SHALL COORDINATE ITS EFFORTS WITH LOCAL LAW ENFORCEMENT AGENCIES
785-AND THE HAZARDOUS MATERIALS SECTION OF THE
786-COLORADO STATE
787-PATROL
788-.
739+N SATISFYING THE REQUIREMENTS OF THIS SECTION , A
740+3
741+RAILROAD SHALL COORDINATE ITS EFFORTS WITH LOCAL LAW4
742+ENFORCEMENT AGENCIES AND THE HAZARDOUS MATERIALS SECTION OF5
743+THE COLORADO STATE PATROL.6
789744 (5) A
790745 CLASS II OR CLASS III RAILROAD MAY SATISFY THE
791-REQUIREMENTS OF THIS SECTION BY EITHER
792-:
746+7
747+REQUIREMENTS OF THIS SECTION BY EITHER :8
793748 (a) E
794-NTERING INTO AN AGREEMENT WITH A CLASS I RAILROAD TO BE
795-A PARTNER WITH THE CLASS
796-I RAILROAD IN ITS PROGRAM; OR
797-(b) ADOPTING THE TRAINING PROGRAMS PROVIDED BY THE SHORT
798-LINE SAFETY INSTITUTE.
799-40-20-311. Office of rail safety - agreement with federal railroad
800-administration - duties of commission, department of public safety, and
801-department of transportation - inspections - report - rules - repeal.
802-(1) T
803-HE OFFICE OF RAIL SAFETY IS CREATED WITH THE MISSION OF ENSURING
804-FREIGHT
805-, PASSENGER, COMMUNITY, AND ENVIRONMENTAL RAIL SAFETY IN
806-THE STATE FOR THE STATE
807-'S UNIQUE AND DELICATE TERRAIN , ITS
808-HEADWATERS
809-, ITS COMMUNITIES, AND ITS RAIL WORKERS. THE COMMISSION
810-SHALL ADMINISTER THE OFFICE IN ACCORDANCE WITH THIS ARTICLE
811-20.
749+NTERING INTO AN AGREEMENT WITH A CLASS I RAILROAD TO
750+9
751+BE A PARTNER WITH THE CLASS I RAILROAD IN ITS PROGRAM; OR10
752+(b) A
753+DOPTING THE TRAINING PROGRAMS PROVIDED BY THE SHORT
754+11
755+L
756+INE SAFETY INSTITUTE.
757+12
758+ 13
759+40-20-311. Office of rail safety - agreement with federal14
760+railroad administration - duties of commission, department of public15
761+safety, and department of transportation - inspections - report -rules16
762+- repeal. (1) T
763+HE OFFICE OF RAIL SAFETY IS CREATED WITH THE MISSION
764+17
765+OF ENSURING FREIGHT, PASSENGER, COMMUNITY, AND ENVIRONMENTAL18
766+RAIL SAFETY IN THE STATE FOR THE STATE 'S UNIQUE AND DELICATE19
767+TERRAIN, ITS HEADWATERS, ITS COMMUNITIES, AND ITS RAIL WORKERS.20
768+T
769+HE COMMISSION SHALL ADMINISTER THE OFFICE IN ACCORDANCE WITH
770+21
771+THIS ARTICLE 20.22
812772 (2) (a) A
813773 S SOON AS IS PRACTICABLE, THE COMMISSION, ON BEHALF
814-OF THE STATE
815-, SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL
816-RAILROAD ADMINISTRATION PURSUANT TO
817-49 CFR PART 212 TO
818-PAGE 16-HOUSE BILL 24-1030 PARTICIPATE IN INSPECTION AND INVESTIGATION ACTIVITIES . UNDER THE
819-AGREEMENT
820-, THE COMMISSION SHALL SECURE THE AUTHORITY TO ADDRESS
821-ALL RAILROAD SAFETY DISCIPLINES
822-, INCLUDING CROSSINGS, TRACK, SIGNAL
823-AND TRAIN CONTROL
824-, MOTIVE POWER AND EQUIPMENT , OPERATING
825-PRACTICES
826-, COMPLIANCE, AND HAZARDOUS MATERIALS .
774+23
775+OF THE STATE, SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL24
776+RAILROAD ADMINISTRATION PURSUANT TO 49 CFR PART 212 TO25
777+PARTICIPATE IN INSPECTION AND INVESTIGATION ACTIVITIES . UNDER THE26
778+AGREEMENT, THE COMMISSION SHALL SECURE THE AUTHORITY TO27
779+1030
780+-20- ADDRESS ALL RAILROAD SAFETY DISCIPLINES , INCLUDING CROSSINGS,1
781+TRACK, SIGNAL AND TRAIN CONTROL, MOTIVE POWER AND EQUIPMENT ,2
782+OPERATING PRACTICES, COMPLIANCE, AND HAZARDOUS MATERIALS .3
827783 (b) I
828784 F AN AGREEMENT CANNOT BE REACHED AS DESCRIBED IN
829-SUBSECTION
830- (2)(a) OF THIS SECTION, THE COMMISSION, ON BEHALF OF THE
831-STATE
832-, SHALL FILE AN ANNUAL CERTIFICATION PURS UANT TO 49 CFR
833-212.107.
785+4
786+SUBSECTION (2)(a) OF THIS SECTION, THE COMMISSION, ON BEHALF OF THE5
787+STATE, SHALL FILE AN ANNUAL CERTIFICATION PURSUANT TO 49 CFR6
788+212.107.7
834789 (3) T
835-HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE
836-DEPARTMENT OF TRANSPORTATION SHALL ENGAGE IN INSPECTION AND
837-INVESTIGATION ACTIVITIES AS DESCRIBED IN
838-49 CFR 212 TO ADDRESS
839-COMPLIANCE WITH THE REQUIREMENTS OF THIS PART
840-3. NOTWITHSTANDING
841-ANY PROVISION OF THIS SECTION
842-, THE AUTHORITY OF THE COMMISSION, THE
843-DEPARTMENT OF PUBLIC SAFETY
844-, AND THE DEPARTMENT OF
845-TRANSPORTATION TO ENGAGE IN INSPECTION AND INVESTIGATION ACTIVITIES
846-PURSUANT TO THIS SECTION IS LIMITED TO
847-:
790+HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY , AND
791+8
792+THE DEPARTMENT OF TRANSPORTATION SHALL ENGAGE IN INSPECTION AND9
793+INVESTIGATION ACTIVITIES AS DESCRIBED IN 49 CFR 212 TO ADDRESS10
794+COMPLIANCE WITH THE REQUIREMENTS OF THIS PART 3.11
795+N
796+OTWITHSTANDING ANY PROVISION OF THIS SECTION , THE AUTHORITY OF
797+12
798+THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY , AND THE13
799+DEPARTMENT OF TRANSPORTATION TO ENGAGE IN INSPECTION AND14
800+INVESTIGATION ACTIVITIES PURSUANT TO THIS SECTION IS LIMITED TO :15
848801 (a) C
849802 LASS I RAILROADS;
803+16
850804 (b) R
851-AILROADS OPERATING ANY LINES THAT WERE USED BY CLASS I
805+AILROADS OPERATING ANY LINES THAT WERE USED BY CLASS
806+17
807+I
852808 RAILROADS AS OF THE EFFECTIVE DATE OF THIS PART 3; AND
853-(c) PASSENGER RAILROADS.
809+18
810+(c) P
811+ASSENGER RAILROADS.
812+19
854813 (4) T
855814 HE ATTORNEY GENERAL MAY BRING AN ACTION , CONSISTENT
856-WITH
857-49 CFR PART 212, TO ENFORCE STATE AND FEDERAL RAILROAD SAFETY
858-REGULATIONS
859-. IN BRINGING SUCH AN ACTION , THE ATTORNEY GENERAL
860-SHALL COMPLY WITH
861-49 CFR 212.115.
815+20
816+WITH 49 CFR PART 212, TO ENFORCE STATE AND FEDERAL RAILROAD21
817+SAFETY REGULATIONS. IN BRINGING SUCH AN ACTION , THE ATTORNEY22
818+GENERAL SHALL COMPLY WITH 49 CFR 212.115.23
862819 (5) A
863820 N INTERESTED PARTY MAY REQUEST THAT THE COMMISSION ,
864-THE DEPARTMENT OF PUBLIC SAFETY , OR THE DEPARTMENT OF
865-TRANSPORTATION INVESTIGATE AN ALLEGED VIOLATION OF THIS PART
866-3.
821+24
822+THE DEPARTMENT OF PUBLIC SAFETY , OR THE DEPARTMENT OF25
823+TRANSPORTATION INVESTIGATE AN ALLEGED VIOLATION OF THIS PART 3.26
867824 (6) T
868825 HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, OR THE
869-DEPARTMENT OF TRANSPORTATION MAY REPORT AN ALLEGED VIOLATION OF
870-THIS PART
871-3 OR ANY OTHER SAFETY CONCERN TO THE FEDERAL RAILROAD
872-ADMINISTRATION OR THE FEDERAL SURFACE TRANSPORTATION BOARD
873-.
874-PAGE 17-HOUSE BILL 24-1030 (7) THE COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS,
875-GRANTS, AND DONATIONS AND FEDERAL GRANT MONEY TO PURCHASE
876-TRAINING MATERIALS AND OTHER EQUIPMENT AS NEEDED FOR THE
877-IMPLEMENTATION OF THIS SECTION
878-.
826+27
827+1030
828+-21- DEPARTMENT OF TRANSPORTATION MAY REPORT AN ALLEGED VIOLATION1
829+OF THIS PART 3 OR ANY OTHER SAFETY CONCERN TO THE FEDERAL2
830+RAILROAD ADMINISTRATION OR THE FEDERAL SURFACE TRANSPORTATION3
831+BOARD.4
832+(7) T
833+HE COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS,
834+5
835+GRANTS, AND DONATIONS AND FEDERAL GRANT MONEY TO PURCHASE6
836+TRAINING MATERIALS AND OTHER EQUIPMENT AS NEEDED FOR THE7
837+IMPLEMENTATION OF THIS SECTION.8
879838 (8) T
880-HE COMMISSION SHALL REGULARLY ENGAGE WITH RAILROADS ,
881-UNIONS REPRESENTING RAILROAD EMPLOYEES , LOCAL GOVERNMENTS OF
882-COUNTIES
883-, SPECIAL DISTRICTS, AND MUNICIPALITIES THAT CONTAIN
884-RAILROAD LINES
885-, FIRST RESPONDER ORGANIZATIONS, DISPROPORTIONATELY
886-IMPACTED COMMUNITIES
887-, AND ENVIRONMENTAL ORGANIZATIONS IN
888-IMPLEMENTING THIS SECTION
889-.
839+HE COMMISSION SHALL REGULARLY ENGAGE WITH
840+9
841+RAILROADS, UNIONS REPRESENTING RAILROAD EMPLOYEES , LOCAL10
842+GOVERNMENTS OF COUNTIES, SPECIAL DISTRICTS, AND MUNICIPALITIES11
843+THAT CONTAIN RAILROAD LINES , FIRST RESPONDER ORGANIZATIONS ,12
844+DISPROPORTIONATELY IMPACTED COMMUNITIES , AND ENVIRONMENTAL13
845+ORGANIZATIONS IN IMPLEMENTING THIS SECTION .14
890846 (9) T
891-HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE
892-DEPARTMENT OF TRANSPORTATION ARE IMMUNE FROM LIABILITY FOR
893-ACTIONS PERFORMED PURSUANT TO THIS SECTION
894-, AS DESCRIBED IN ARTICLE
895-10 OF TITLE 24.
847+HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY , AND
848+15
849+THE DEPARTMENT OF TRANSPORTATION ARE IMMUNE FROM LIABILITY FOR16
850+ACTIONS PERFORMED PURSUANT TO THIS SECTION , AS DESCRIBED IN17
851+ARTICLE 10 OF TITLE 24.18
896852 (10) T
897853 HE OFFICE OF RAIL SAFETY SHALL COLLECT AND REPORT
898-INFORMATION REGARDING BLOCKED HIGHWAY
899--RAIL CROSSINGS IN THE
900-STATE
901-, INCLUDING INFORMATION REGARDING EMERGENCY VEHICLES
902-AFFECTED BY BLOCKED HIGHWAY
903--RAIL CROSSINGS.
854+19
855+INFORMATION REGARDING BLOCKED HIGHWAY -RAIL CROSSINGS IN THE20
856+STATE, INCLUDING INFORMATION REGARDING EMERGENCY VEHICLES21
857+AFFECTED BY BLOCKED HIGHWAY -RAIL CROSSINGS.22
904858 (11) (a) T
905859 HE OFFICE OF RAIL SAFETY SHALL CREATE A STANDARD
906-PROCESS FOR INVESTIGATORS TO USE DURING INVESTIGATIONS UNDER THIS
907-SECTION FOR DETERMINING THE APPROPRIATE TIME AND METHOD FOR
908-:
860+23
861+PROCESS FOR INVESTIGATORS TO USE DURING INVESTIGATIONS UNDER THIS24
862+SECTION FOR DETERMINING THE APPROPRIATE TIME AND METHOD FOR :25
909863 (I) G
910864 ATHERING INFORMATION ABOUT AN INVESTIGATION FROM
911-RAILROADS
912-, CONTRACTORS, OR EMPLOYEES OF RAILROADS OR FROM
913-REPRESENTATIVES OF EMPLOYEES OF RAILROADS
914-, AND OTHERS, AS
915-DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY
916-; AND
917-(II) CONSULTING WITH RAILROADS, CONTRACTORS, OR EMPLOYEES
918-OF RAILROADS
919-, OR WITH REPRESENTATIVES OF EMPLOYEES OF RAILROADS ,
920-AND OTHERS, AS DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY ,
921-FOR TECHNICAL EXPERTISE ON THE FACTS OF AN INVESTIGATION .
865+26
866+RAILROADS, CONTRACTORS, OR EMPLOYEES OF RAILROADS OR FROM27
867+1030
868+-22- REPRESENTATIVES OF EMPLOYEES OF RAILROADS , AND OTHERS, AS1
869+DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY ; AND2
870+(II) C
871+ONSULTING WITH RAILROADS, CONTRACTORS, OR EMPLOYEES
872+3
873+OF RAILROADS, OR WITH REPRESENTATIVES OF EMPLOYEES OF RAILROADS ,4
874+AND OTHERS, AS DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY ,5
875+FOR TECHNICAL EXPERTISE ON THE FACTS OF AN INVESTIGATION .6
922876 (b) I
923877 N DEVELOPING THE PROCESS REQUIRED UNDER SUBSECTION
924-(11)(a) OF THIS SECTION, THE OFFICE OF RAIL SAFETY SHALL INCLUDE
925-CONSIDERATION OF HOW TO MAINTAIN THE CONFIDENTIALITY OF ANY ENTITY
926-IDENTIFIED PURSUANT TO SUBSECTION
927- (11)(a) OF THIS SECTION IF:
928-PAGE 18-HOUSE BILL 24-1030 (I) THE ENTITY REQUESTS CONFIDENTIALITY ;
878+7
879+(11)(a)
880+OF THIS SECTION, THE OFFICE OF RAIL SAFETY SHALL INCLUDE
881+8
882+CONSIDERATION OF HOW TO MAINTAIN THE CONFIDENTIALITY OF ANY9
883+ENTITY IDENTIFIED PURSUANT TO SUBSECTION (11)(a) OF THIS SECTION IF:10
884+(I) T
885+HE ENTITY REQUESTS CONFIDENTIALITY ;
886+11
929887 (II) T
930-HE ENTITY WAS NOT INVOLVED IN THE ACCIDENT OR INCIDENT ;
931-AND
932-(III) MAINTAINING THE ENTITY'S CONFIDENTIALITY DOES NOT
933-ADVERSELY AFFECT AN INVESTIGATION BY THE OFFICE OF RAIL SAFETY
934-.
888+HE ENTITY WAS NOT INVOLVED IN THE ACCIDENT OR
889+12
890+INCIDENT; AND13
891+(III) M
892+AINTAINING THE ENTITY'S CONFIDENTIALITY DOES NOT
893+14
894+ADVERSELY AFFECT AN INVESTIGATION BY THE OFFICE OF RAIL SAFETY .15
935895 (c) (I) E
936896 XCEPT AS PROVIDED IN SUBSECTION (11)(c)(II) OF THIS
937-SECTION
938-, THE OFFICE OF RAIL SAFETY MAY NOT DISCLOSE THE NAME OF AN
939-EMPLOYEE OF A RAILROAD WHO HAS PROVIDED INFORMATION ABOUT AN
940-ALLEGED VIOLATION OF THIS PART
941-3 OR MATTERS DESCRIBED IN SUBSECTION
942-(11)(c)(II) OF THIS SECTION UNLESS THE OFFICE OF RAIL SAFETY OBTAINS
943-THE EMPLOYEE
944-'S WRITTEN CONSENT FOR SUCH DISCLOSURE .
897+16
898+SECTION, THE OFFICE OF RAIL SAFETY MAY NOT DISCLOSE THE NAME OF AN17
899+EMPLOYEE OF A RAILROAD WHO HAS PROVIDED INFORMATION ABOUT AN18
900+ALLEGED VIOLATION OF THIS PART 3 OR MATTERS DESCRIBED IN19
901+SUBSECTION (11)(c)(II) OF THIS SECTION UNLESS THE OFFICE OF RAIL20
902+SAFETY OBTAINS THE EMPLOYEE 'S WRITTEN CONSENT FOR SUCH21
903+DISCLOSURE.22
945904 (II) T
946-HE OFFICE OF RAIL SAFETY SHALL DISCLOSE TO THE ATTORNEY
947-GENERAL OR THE FEDERAL RAILROAD ADMINISTRATION THE NAME OF AN
948-EMPLOYEE DESCRIBED IN SUBSECTION
949- (11)(c)(I) OF THIS SECTION IF THE
950-MATTER IS REFERRED TO THE ATTORNEY GENERAL OR THE FEDERAL
951-RAILROAD ADMINISTRATION FOR ENFORCEMENT
952-. BEFORE MAKING SUCH A
953-DISCLOSURE
954-, THE OFFICE OF RAIL SAFETY SHALL PROVIDE REASONABLE
955-ADVANCE NOTICE TO THE AFFECTED EMPLOYEE AND TO A DESIGNATED
956-EMPLOYEE REPRESENTATIVE IF SUCH A REPRESENTATIVE EXISTS
957-.
905+HE OFFICE OF RAIL SAFETY SHALL DISCLOSE TO THE
906+23
907+ATTORNEY GENERAL OR THE FEDERAL RAILROAD ADMINISTRATION THE24
908+NAME OF AN EMPLOYEE DESCRIBED IN SUBSECTION (11)(c)(I) OF THIS25
909+SECTION IF THE MATTER IS REFERRED TO THE ATTORNEY GENERAL OR THE26
910+FEDERAL RAILROAD ADMINISTRATION FOR ENFORCEMENT . BEFORE27
911+1030
912+-23- MAKING SUCH A DISCLOSURE, THE OFFICE OF RAIL SAFETY SHALL PROVIDE1
913+REASONABLE ADVANCE NOTICE TO THE AFFECTED EMPLOYEE AND TO A2
914+DESIGNATED EMPLOYEE REPRESENTATIVE IF SUCH A REPRESENTATIVE3
915+EXISTS.4
958916 (d) T
959917 HE OFFICE OF RAIL SAFETY SHALL PROMULGATE RULES TO
960-PROTECT EMPLOYEES FROM RETALIATION FOR THEIR PARTICIPATION IN
961-INVESTIGATIONS UNDER THIS SECTION AND SHALL CREATE A MECHANISM TO
962-ACCEPT AND RESOLVE COMPLAINTS REGARDING VIOLATIONS OF THE RULES
963-,
964-WHICH MECHANISM IS CONSISTENT WITH FEDERAL LAW .
918+5
919+PROTECT EMPLOYEES FROM RETALIATION FOR THEIR PARTICIPATION IN6
920+INVESTIGATIONS UNDER THIS SECTION AND SHALL CREATE A MECHANISM7
921+TO ACCEPT AND RESOLVE COMPLAINTS REGARDING VIOLATIONS OF THE8
922+RULES, WHICH MECHANISM IS CONSISTENT WITH FEDERAL LAW .9
965923 (12) T
966924 HE OFFICE OF RAIL SAFETY SHALL COORDINATE WITH THE
967-DEPARTMENT OF TRANSPORTATION
968-, THE DEPARTMENT OF PUBLIC SAFETY ,
969-THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , THE DEPARTMENT
970-OF NATURAL RESOURCES
971-, AND STAKEHOLDERS SUCH AS RAILROADS , FIRST
972-RESPONDERS
973-, LOCAL GOVERNMENTS , METROPOLITAN PLANNING
974-ORGANIZATIONS
975-, AND LABOR ORGANIZATIONS TO IDENTIFY AND IMPLEMENT
976-INITIATIVES AND PRIORITIES TO REDUCE THE FREQUENCY OF BLOCKED
977-HIGHWAY
978--RAIL CROSSINGS, IMPROVE EMERGENCY PREPAREDNESS AND
979-RESILIENCE
980-, AND IMPROVE RAIL SAFETY. THIS MAY INCLUDE INNOVATIVE
981-USE OF DATA AND TECHNOLOGY TO PRIORITIZE ELIMINATION OR PROTECTION
982-PAGE 19-HOUSE BILL 24-1030 OF HIGHWAY-RAIL CROSSINGS, INFORMATION SHARING , AND FIRST
983-RESPONDER DECISION SUPPORT
984-. THE OFFICE OF RAIL SAFETY SHALL ALSO
985-COORDINATE WITH THE AFOREMENTIONED ENTITIES REGARDING POSSIBLE
986-FEDERAL GRANTS TO IMPROVE RAIL AND PUBLIC SAFETY
987-.
925+10
926+DEPARTMENT OF TRANSPORTATION , THE DEPARTMENT OF PUBLIC SAFETY,11
927+THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , THE12
928+DEPARTMENT OF NATURAL RESOURCES , AND STAKEHOLDERS SUCH AS13
929+RAILROADS, FIRST RESPONDERS, LOCAL GOVERNMENTS, METROPOLITAN14
930+PLANNING ORGANIZATIONS, AND LABOR ORGANIZATIONS TO IDENTIFY AND15
931+IMPLEMENT INITIATIVES AND PRIORITIES TO REDUCE THE FREQUENCY OF16
932+BLOCKED HIGHWAY -RAIL CROSSINGS , IMPROVE EMERGENCY17
933+PREPAREDNESS AND RESILIENCE , AND IMPROVE RAIL SAFETY. THIS MAY18
934+INCLUDE INNOVATIVE USE OF DATA AND TECHNOLOGY TO PRIORITIZE19
935+ELIMINATION OR PROTECTION OF HIGHWAY-RAIL CROSSINGS, INFORMATION20
936+SHARING, AND FIRST RESPONDER DECISION SUPPORT. THE OFFICE OF RAIL21
937+SAFETY SHALL ALSO COORDINATE WITH THE AFOREMENTIONED ENTITIES22
938+REGARDING POSSIBLE FEDERAL GRANTS TO IMPROVE RAIL AND PUBLIC23
939+SAFETY.24
988940 (13) (a) O
989941 N OR BEFORE DECEMBER 1, 2024, THE COMMISSION, THE
990-DEPARTMENT OF PUBLIC SAFETY
991-, AND THE DEPARTMENT OF
992-TRANSPORTATION SHALL PROVIDE A REPORT TO THE GOVERNOR
993-; THE
994-TRANSPORTATION
995-, HOUSING, AND LOCAL GOVERNMENT COMMITTEE OF THE
996-HOUSE OF REPRESENTATIVES
997-; AND THE TRANSPORTATION AND ENERGY
998-COMMITTEE OF THE SENATE
999-. THE REPORT MUST BE DEVELOPED IN
1000-CONSULTATION WITH THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
1001-AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE AND INCLUDE
1002-:
942+25
943+DEPARTMENT OF PUBLIC SAFETY , AND THE DEPARTMENT OF26
944+TRANSPORTATION SHALL PROVIDE A REPORT TO THE GOVERNOR ; THE27
945+1030
946+-24- TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE OF1
947+THE HOUSE OF REPRESENTATIVES ; AND THE TRANSPORTATION AND2
948+ENERGY COMMITTEE OF THE SENATE . THE REPORT MUST BE DEVELOPED IN3
949+CONSULTATION WITH THE COMMUNITY RAIL SAFETY ADVISORY4
950+COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE AND5
951+INCLUDE:6
1003952 (I) A
1004953 N ASSESSMENT OF THE STAFFING LEVELS AND EQUIPMENT
1005-NECESSARY TO ENSURE RAILROADS
1006-' COMPLIANCE WITH FEDERAL AND STATE
1007-RULES AND REGULATIONS AND MINIMIZE RAIL SAFETY RISKS FOR RAILROADS
1008-,
1009-FACILITIES, WORKERS, AND COMMUNITIES THAT INCLUDE RAIL LINES ;
954+7
955+NECESSARY TO ENSURE RAILROADS ' COMPLIANCE WITH FEDERAL AND8
956+STATE RULES AND REGULATIONS AND MINIMIZE RAIL SAFETY RISKS FOR9
957+RAILROADS, FACILITIES, WORKERS, AND COMMUNITIES THAT INCLUDE RAIL10
958+LINES;11
1010959 (II) A
1011-N INDICATION THAT PUBLIC DATA NOT SUBJECT TO EXCEPTIONS
1012-UNDER THE
1013-"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF
1014-TITLE
1015-24, WILL BE SHARED WITH THE COMMUNITY RAIL SAFETY ADVISORY
1016-COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
1017-;
960+N INDICATION THAT PUBLIC DATA NOT SUBJECT TO
961+12
962+EXCEPTIONS UNDER THE "COLORADO OPEN RECORDS ACT", PART 2 OF13
963+ARTICLE 72 OF TITLE 24, WILL BE SHARED WITH THE COMMUNITY RAIL14
964+SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY15
965+COMMITTEE;16
1018966 (III) A
1019967 N ASSESSMENT OF DATA COLLECTION AND REPORTING NEEDS
1020-TO ENSURE ANNUAL REPORTING ON RAIL SAFETY
1021-, INCLUDING TRAIN LENGTH,
1022-FOR COVERED RAILROADS AND FACILITIES ;
968+17
969+TO ENSURE ANNUAL REPORTING ON RAIL SAFETY , INCLUDING TRAIN18
970+LENGTH, FOR COVERED RAILROADS AND FACILITIES ;19
1023971 (IV) A
1024972 N ASSESSMENT OF EMERGENCY RESPONSE AND CLEANUP
1025-CAPACITY NEEDED FOR HAZARDOUS MATERIALS INCIDENTS INVOLVING
1026-RAILROADS
1027-;
973+20
974+CAPACITY NEEDED FOR HAZARDOUS MATERIALS INCIDENTS INVOLVING21
975+RAILROADS;22
1028976 (V) A
1029977 QUANTIFICATION OF THE ADEQUATE LEVELS OF INVESTMENT
1030-NECESSARY TO REDUCE HIGHWAY
1031--RAIL CROSSING INCIDENTS AND OTHER
1032-RISKS
1033-;
978+23
979+NECESSARY TO REDUCE HIGHWAY -RAIL CROSSING INCIDENTS AND OTHER24
980+RISKS;25
1034981 (VI) M
1035-ECHANISMS FOR ENSURING EQUITABLE INPUT FROM MEMBERS
1036-OF THE PUBLIC TO STATE AGENCIES REGARDING RAIL SAFETY
1037-;
1038-(VII) A
1039-N ASSESSMENT OF BEST PRACTICES FOR ENSURING FINANCIAL
1040-PAGE 20-HOUSE BILL 24-1030 RESPONSIBILITY FOR RESPONSE, CLEANUP, AND DAMAGES FROM MAJOR RAIL
1041-EVENTS
1042-, WHICH ASSESSMENT REVIEWS BEST PRACTICES FROM OTHER
1043-STATES
1044-;
982+ECHANISMS FOR ENSURING EQUITABLE INPUT FROM
983+26
984+MEMBERS OF THE PUBLIC TO STATE AGENCIES REGARDING RAIL SAFETY ;27
985+1030
986+-25- (VII) AN ASSESSMENT OF BEST PRACTICES FOR ENSURING1
987+FINANCIAL RESPONSIBILITY FOR RESPONSE, CLEANUP, AND DAMAGES FROM2
988+MAJOR RAIL EVENTS, WHICH ASSESSMENT REVIEWS BEST PRACTICES FROM3
989+OTHER STATES;4
1045990 (VIII) A
1046991 REPORT CONCERNING COMMUNICATION ISSUES IMPACTING
1047-RAIL LINES IN THE STATE
1048-, INCLUDING COMMUNICATION WITH STATE ENTITIES
1049-SUCH AS THE DEPARTMENT OF PUBLIC SAFETY
1050-; COMMUNICATION ISSUES
1051-BETWEEN CREWS WORKING LONG TRAINS
1052-; AND COMMUNICATION FROM
1053-WAYSIDE DETECTORS TO CREWS
1054-; AND
1055-(IX) (A) A LEGISLATIVE PROPOSAL CONCERNING THE CREATION OF
1056-A FEE STRUCTURE OR OTHER REVENUE SOURCE
1057-, AN ASSESSMENT, AND A
1058-GOVERNANCE BODY AND AN OFFICE OF RAIL SAFETY TO ADDRESS THE NEEDS
1059-DESCRIBED IN SUBSECTIONS
1060- (13)(a)(I) TO (13)(a)(VIII) OF THIS SECTION,
1061-WHICH FEE STRUCTURE, ASSESSMENT, AND GOVERNANCE BODY CAN BE
1062-INTRODUCED AS LEGISLATION AS SOON AS THE
1063-2025 REGULAR LEGISLATIVE
1064-SESSION AND BEGIN OPERATING NO LATER THAN
1065-JANUARY 1, 2027.
992+5
993+RAIL LINES IN THE STATE, INCLUDING COMMUNICATION WITH STATE6
994+ENTITIES SUCH AS THE DEPARTMENT OF PUBLIC SAFETY ; COMMUNICATION7
995+ISSUES BETWEEN CREWS WORKING LONG TRAINS ; AND COMMUNICATION8
996+FROM WAYSIDE DETECTORS TO CREWS ; AND9
997+(IX) (A) A
998+ LEGISLATIVE PROPOSAL CONCERNING THE CREATION OF
999+10
1000+A FEE STRUCTURE OR OTHER REVENUE SOURCE , AN ASSESSMENT, AND A11
1001+GOVERNANCE BODY AND AN OFFICE OF RAIL SAFETY TO ADDRESS THE12
1002+NEEDS DESCRIBED IN SUBSECTIONS (13)(a)(I) TO (13)(a)(VIII) OF THIS13
1003+SECTION, WHICH FEE STRUCTURE, ASSESSMENT, AND GOVERNANCE BODY14
1004+CAN BE INTRODUCED AS LEGISLATION AS SOON AS THE 2025 REGULAR15
1005+LEGISLATIVE SESSION AND BEGIN OPERATING NO LATER THAN JANUARY 1,16
1006+2027.17
10661007 (B) T
10671008 HE REPORT MUST INCLUDE A RECOMMENDATION AS TO WHICH
1068-STATE AGENCY WOULD HOST THE PROPOSED GOVERNANCE BODY TO ENSURE
1069-PROPER COMPLIANCE WITH STATE AND FEDERAL LAW
1070-, EQUITABLE ACCESS TO
1071-COMMUNITY AND WORKER ORGANIZATIONS
1072-, AND ENFORCEMENT OF SAFETY
1073-REQUIREMENTS
1074-.
1009+18
1010+STATE AGENCY WOULD HOST THE PROPOSED GOVERNANCE BODY TO19
1011+ENSURE PROPER COMPLIANCE WITH STATE AND FEDERAL LAW , EQUITABLE20
1012+ACCESS TO COMMUNITY AND WORKER ORGANIZATIONS , AND21
1013+ENFORCEMENT OF SAFETY REQUIREMENTS .22
10751014 (b) I
1076-N PREPARING THE REPORT DESCRIBED IN SUBSECTION (13)(a) OF
1077-THIS SECTION
1078-, THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND
1079-THE DEPARTMENT OF TRANSPORTATION SHALL CONSULT WITH THE
1080-ATTORNEY GENERAL
1081-, THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
1082-AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
1083-, AND INTERESTED
1084-STAKEHOLDERS
1085-, INCLUDING RAILROADS, UNIONS REPRESENTING RAILROAD
1086-EMPLOYEES
1087-, LOCAL GOVERNMENTS OF COUNTIES , SPECIAL DISTRICTS, AND
1088-MUNICIPALITIES THAT CONTAIN RAILROAD LINES
1089-, THE FEDERAL RAILROAD
1090-ADMINISTRATION
1091-, FIRST RESPONDER ORGANIZATIONS, DISPROPORTIONATELY
1092-IMPACTED COMMUNITIES
1093-, AND ENVIRONMENTAL ORGANIZATIONS .
1015+N PREPARING THE REPORT DESCRIBED IN SUBSECTION (13)(a)
1016+23
1017+OF THIS SECTION, THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY,24
1018+AND THE DEPARTMENT OF TRANSPORTATION SHALL CONSULT WITH THE25
1019+ATTORNEY GENERAL , THE COMMUNITY RAIL SAFETY ADVISORY26
1020+COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE , AND27
1021+1030
1022+-26- INTERESTED STAKEHOLDERS , INCLUDING RAILROADS , UNIONS1
1023+REPRESENTING RAILROAD EMPLOYEES , LOCAL GOVERNMENTS OF2
1024+COUNTIES, SPECIAL DISTRICTS, AND MUNICIPALITIES THAT CONTAIN3
1025+RAILROAD LINES, THE FEDERAL RAILROAD ADMINISTRATION , FIRST4
1026+RESPONDER ORGANIZATIONS , DISPROPORTIONATELY IMPACTED5
1027+COMMUNITIES, AND ENVIRONMENTAL ORGANIZATIONS .6
10941028 (c) T
10951029 HIS SUBSECTION (13) IS REPEALED, EFFECTIVE JULY 1, 2026.
1030+7
10961031 (14) T
1097-HE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT THIS
1098-SECTION
1099-.
1100-PAGE 21-HOUSE BILL 24-1030 40-20-312. Community rail safety advisory committee -
1101-membership - duties - rail safety plan - discrimination, adverse action,
1102-retaliation prohibited - repeal. (1) T
1103-HE COMMUNITY RAIL SAFETY
1104-ADVISORY COMMITTEE IS CREATED
1105-.
1032+HE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT
1033+8
1034+THIS SECTION.9
1035+40-20-312. Community rail safety advisory committee -10
1036+membership - duties - rail safety plan - discrimination, adverse11
1037+action, retaliation prohibited - repeal. (1) T
1038+HE COMMUNITY RAIL
1039+12
1040+SAFETY ADVISORY COMMITTEE IS CREATED .13
11061041 (2) (a) T
11071042 HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
1108-CONSISTS OF THE FOLLOWING MEMBERS
1109-:
1043+14
1044+CONSISTS OF THE FOLLOWING MEMBERS :15
11101045 (I) O
1111-NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK FOR
1112-A CLASS
1113-I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE
1114-SPEAKER OF THE HOUSE OF REPRESENTATIVES
1115-;
1046+NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
1047+16
1048+FOR A CLASS I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE17
1049+SPEAKER OF THE HOUSE OF REPRESENTATIVES ;18
11161050 (II) O
1117-NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK FOR
1118-A CLASS
1119-I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE
1120-PRESIDENT OF THE SENATE
1121-; EXCEPT THAT THE MEMBER MUST REPRESENT
1122-UNION WORKERS WHO WORK FOR A CLASS
1123-I FREIGHT LINE OTHER THAN THE
1124-CLASS
1125-I FREIGHT LINE WHOSE UNION WORKERS ARE REPRESENTED BY THE
1126-MEMBER APPOINTED PURSUANT TO SUBSECTION
1127- (2)(a)(I) OF THIS SECTION;
1051+NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
1052+19
1053+FOR A CLASS I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE20
1054+PRESIDENT OF THE SENATE; EXCEPT THAT THE MEMBER MUST REPRESENT21
1055+UNION WORKERS WHO WORK FOR A CLASS I FREIGHT LINE OTHER THAN THE22
1056+CLASS I FREIGHT LINE WHOSE UNION WORKERS ARE REPRESENTED BY THE23
1057+MEMBER APPOINTED PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION;24
11281058 (III) O
11291059 NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
1130-FOR A CLASS
1131-II OR III RAILROAD IN THE STATE, TO BE APPOINTED BY THE
1132-GOVERNOR
1133-;
1134-(IV) O
1135-NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
1136-FOR A PASSENGER RAIL OPERATOR
1137-, TO BE APPOINTED BY THE SPEAKER OF
1138-THE HOUSE OF REPRESENTATIVES
1139-;
1060+25
1061+FOR A CLASS II OR III RAILROAD IN THE STATE, TO BE APPOINTED BY THE26
1062+GOVERNOR;27
1063+1030
1064+-27- (IV) ONE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK1
1065+FOR A PASSENGER RAIL OPERATOR, TO BE APPOINTED BY THE SPEAKER OF2
1066+THE HOUSE OF REPRESENTATIVES;3
11401067 (V) O
11411068 NE MEMBER WHO REPRESENTS A DISPROPORTIONATELY
1142-IMPACTED COMMUNITY
1143-, TO BE APPOINTED BY THE PRESIDENT OF THE
1144-SENATE
1145-;
1069+4
1070+IMPACTED COMMUNITY , TO BE APPOINTED BY THE PRESIDENT OF THE5
1071+SENATE;6
11461072 (VI) O
1147-NE MEMBER WHO REPRESENTS A STATEWIDE ENVIRONMENTAL
1148-ORGANIZATION
1149-, TO BE APPOINTED BY THE GOVERNOR ; AND
1150-(VII) ONE MEMBER WHO REPRESENTS AN ORGANIZATION WITH A
1151-MISSION TO COLLABORATE WITH ENVIRONMENTAL ORGANIZATIONS AND
1152-UNION REPRESENTATIVES
1153-, TO BE APPOINTED BY THE SPEAKER OF THE HOUSE
1154-OF REPRESENTATIVES
1155-.
1073+NE MEMBER WHO REPRESENTS A STATEWIDE
1074+7
1075+ENVIRONMENTAL ORGANIZATION , TO BE APPOINTED BY THE GOVERNOR ;8
1076+AND 9
1077+(VII) O
1078+NE MEMBER WHO REPRESENTS AN ORGANIZATION WITH A
1079+10
1080+MISSION TO COLLABORATE WITH ENVIRONMENTAL ORGANIZATIONS AND11
1081+UNION REPRESENTATIVES, TO BE APPOINTED BY THE SPEAKER OF THE12
1082+HOUSE OF REPRESENTATIVES.13
11561083 (b) T
1157-HE APPOINTING AUTHORITIES DESCRIBED IN SUBSECTION (2)(a)
1158-PAGE 22-HOUSE BILL 24-1030 OF THIS SECTION SHALL MAKE THE INITIAL APPOINTMENTS ON OR BEFORE
1159-AUGUST 1, 2024.
1084+HE APPOINTING AUTHORITIES DESCRIBED IN SUBSECTION
1085+14
1086+(2)(a)
1087+OF THIS SECTION SHALL MAKE THE INITIAL APPOINTMENTS ON OR
1088+15
1089+BEFORE AUGUST 1, 2024.16
11601090 (c) T
11611091 HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
1162-COMMITTEE EACH SERVE TERMS OF THREE YEARS
1163-; EXCEPT THAT:
1092+17
1093+COMMITTEE EACH SERVE TERMS OF THREE YEARS ; EXCEPT THAT:18
11641094 (I) T
11651095 HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
1166-COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS
1167- (2)(a)(VI)
1168-AND (2)(a)(VII) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF
1169-ONE YEAR
1170-; AND
1171-(II) THE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
1172-COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS
1173- (2)(a)(III),
1096+19
1097+COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(VI)20
1098+AND (2)(a)(VII) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF21
1099+ONE YEAR; AND22
1100+(II) T
1101+HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
1102+23
1103+COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(III),24
11741104 (2)(a)(IV),
11751105 AND (2)(a)(V) OF THIS SECTION SHALL EACH SERVE AN INITIAL
1176-TERM OF TWO YEARS
1177-.
1106+25
1107+TERM OF TWO YEARS.26
11781108 (d) M
11791109 EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
1180-COMMITTEE SERVE AT THE PLEASURE OF THEIR RESPECTIVE APPOINTING
1181-AUTHORITIES
1182-.
1110+27
1111+1030
1112+-28- COMMITTEE SERVE AT THE PLEASURE OF THEIR RESPECTIVE APPOINTING1
1113+AUTHORITIES.2
11831114 (e) M
11841115 EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
1185-COMMITTEE MAY SERVE AN UNLIMITED NUMBER OF TERMS
1186-.
1116+3
1117+COMMITTEE MAY SERVE AN UNLIMITED NUMBER OF TERMS .4
11871118 (3) M
11881119 EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
1189-COMMITTEE WHO ARE NOT COMPENSATED FOR ACTING IN OFFICIAL JOB
1190-ROLES MAY RECEIVE PER DIEM COMPENSATION FROM THE OFFICE OF RAIL
1191-SAFETY CREATED IN SECTION
1192-40-20-311. MEMBERS OF THE COMMUNITY RAIL
1193-SAFETY ADVISORY COMMIT TEE MAY BE REIMBURSED FOR EXPENSES
1194-INCURRED WHILE PERFORMING THE MEMBERS
1195-' DUTIES.
1120+5
1121+COMMITTEE WHO ARE NOT COMPENSATED FOR ACTING IN OFFICIAL JOB6
1122+ROLES MAY RECEIVE PER DIEM COMPENSATION FROM THE OFFICE OF RAIL7
1123+SAFETY CREATED IN SECTION 40-20-311. MEMBERS OF THE COMMUNITY8
1124+RAIL SAFETY ADVISORY COMMITTEE MAY BE REIMBURSED FOR EXPENSES9
1125+INCURRED WHILE PERFORMING THE MEMBERS ' DUTIES.10
11961126 (4) A
11971127 N EMPLOYER SHALL NOT DISCRIMINATE , TAKE ADVERSE
1198-ACTION
1199-, OR RETALIATE AGAINST AN EMPLOYEE IN RESPONSE TO THE
1200-EMPLOYEE
1201-:
1128+11
1129+ACTION, OR RETALIATE AGAINST AN EMPLOYEE IN RESPONSE TO THE12
1130+EMPLOYEE:13
12021131 (a) S
12031132 ERVING IN GOOD FAITH ON THE COMMUNITY RAIL SAFETY
1204-ADVISORY COMMITTEE
1205-; OR
1206-(b) RAISING A REASONABLE CONCERN ABOUT A POSSIBLE
1207-WORKPLACE VIOLATION OF GOVERNMENT SAFETY RULES
1208-, OR ABOUT AN
1209-OTHERWISE SIGNIFICANT WORKPLACE THREAT TO SAFETY
1210-, TO THE
1211-PAGE 23-HOUSE BILL 24-1030 EMPLOYER, THE EMPLOYER'S AGENT, ANOTHER EMPLOYEE, A GOVERNMENT
1212-AGENCY
1213-, OR THE PUBLIC IF THE EMPLOYER CONTROLS THE WORKPLACE
1214-CONDITIONS GIVING RISE TO THE ALLEGED VIOLATION OR THREAT
1215-.
1133+14
1134+ADVISORY COMMITTEE; OR15
1135+(b) R
1136+AISING A REASONABLE CONCERN ABOUT A POSSIBLE
1137+16
1138+WORKPLACE VIOLATION OF GOVERNMENT SAFETY RULES , OR ABOUT AN17
1139+OTHERWISE SIGNIFICANT WORKPLACE THREAT TO SAFETY , TO THE18
1140+EMPLOYER, THE EMPLOYER 'S AGENT, ANOTHER EMPLOYEE , A19
1141+GOVERNMENT AGENCY , OR THE PUBLIC IF THE EMPLOYER CONTROLS THE20
1142+WORKPLACE CONDITIONS GIVING RISE TO THE ALLEGED VIOLATION OR21
1143+THREAT.22
12161144 (5) T
12171145 HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE IS
1218-REPEALED
1219-, EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE
1220-COMMUNITY RAIL SAFETY ADVISORY COMMI TTEE IS SCHEDULED FOR REVIEW
1221-IN ACCORDANCE WITH SECTION
1222-2-3-1203.
1223-40-20-313. Rail industry safety advisory committee -
1224-membership - duties - rail safety plan - repeal. (1) T
1225-HE RAIL INDUSTRY
1226-SAFETY ADVISORY COMMITTEE IS CREATED
1227-.
1146+23
1147+REPEALED, EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE24
1148+COMMUNITY RAIL SAFETY ADVISORY COMMITTEE IS SCHEDULED FOR25
1149+REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.26
1150+40-20-313. Rail industry safety advisory committee -27
1151+1030
1152+-29- membership - duties - rail safety plan - repeal. (1) T HE RAIL INDUSTRY1
1153+SAFETY ADVISORY COMMITTEE IS CREATED .2
12281154 (2) (a) T
1229-HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CONSISTS
1230-OF THE FOLLOWING NINE MEMBERS
1231-, EACH TO BE APPOINTED BY THE
1232-GOVERNOR
1233-:
1155+HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
1156+3
1157+CONSISTS OF THE FOLLOWING NINE MEMBERS , EACH TO BE APPOINTED BY4
1158+THE GOVERNOR:5
12341159 (I) T
12351160 WO MEMBERS WHO REPRESENT OPERATORS OF CLASS I
1236-RAILROADS OPERATING FREIGHT RAIL LINES ;
1161+6
1162+RAILROADS OPERATING FREIGHT RAIL LINES ;7
12371163 (II) O
12381164 NE MEMBER WHO REPRESENTS A CLASS II OR CLASS III
1239-RAILROAD IN THE STATE;
1165+8
1166+RAILROAD IN THE STATE;9
12401167 (III) O
1241-NE MEMBER WHO REPRESENTS A RAILROAD THAT OPERATES A
1242-PASSENGER RAIL LINE
1243-;
1168+NE MEMBER WHO REPRESENTS A RAILROAD THAT OPERATES
1169+10
1170+A PASSENGER RAIL LINE;11
12441171 (IV) T
12451172 WO MEMBERS WHO REPRESENT FIRST RESPONDER
1246-ORGANIZATIONS
1247-; AND
1248-(V) THREE MEMBERS WITH EXPERTISE CONCERNING RAIL SAFETY ,
1249-RAIL OPERATIONS, EMERGENCY RESPONSE , OR TRANSPORTATION
1250-REGULATION
1251-.
1173+12
1174+ORGANIZATIONS; AND13
1175+(V) T
1176+HREE MEMBERS WITH EXPERTISE CONCERNING RAIL SAFETY ,
1177+14
1178+RAIL OPERATIONS, EMERGENCY RESPONSE , OR TRANSPORTATION15
1179+REGULATION.16
12521180 (b) T
1253-HE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS ON OR
1254-BEFORE
1255-AUGUST 1, 2024.
1181+HE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS ON
1182+17
1183+OR BEFORE AUGUST 1, 2024.18
12561184 (c) T
12571185 HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
1258-COMMITTEE EACH SERVE TERMS OF THREE YEARS
1259-; EXCEPT THAT:
1186+19
1187+COMMITTEE EACH SERVE TERMS OF THREE YEARS ; EXCEPT THAT:20
12601188 (I) T
12611189 HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
1262-PAGE 24-HOUSE BILL 24-1030 COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(I) AND
1263-(2)(a)(II) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF ONE
1264-YEAR
1265-; AND
1266-(II) THE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
1267-COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS
1268- (2)(a)(III)
1190+21
1191+COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(I)22
1192+AND (2)(a)(II) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF23
1193+ONE YEAR; AND24
1194+(II) T
1195+HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
1196+25
1197+COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(III)26
12691198 and (2)(a)(IV)
1270-OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF TWO
1271-YEARS
1272-.
1199+OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF
1200+27
1201+1030
1202+-30- TWO YEARS.1
12731203 (d) M
1274-EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
1275-SERVE AT THE PLEASURE OF THE GOVERNOR
1276-.
1204+EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
1205+2
1206+COMMITTEE SERVE AT THE PLEASURE OF THE GOVERNOR .3
12771207 (e) M
1278-EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
1279-MAY SERVE AN UNLIMITED NUMBER OF TERMS
1280-.
1208+EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
1209+4
1210+COMMITTEE MAY SERVE AN UNLIMITED NUMBER OF TERMS .5
12811211 (3) M
1282-EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
1283-SERVE WITHOUT COMPENSATION BUT MUST BE REIMBURSED FROM MONEY IN
1284-THE FUND FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
1285-PERFORMANCE OF THE MEMBERS
1286-' DUTIES PURSUANT TO THIS SECTION.
1212+EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
1213+6
1214+COMMITTEE SERVE WITHOUT COMPENSATION BUT MUST BE REIMBURSED7
1215+FROM MONEY IN THE FUND FOR ACTUAL AND NECESSARY EXPENSES8
1216+INCURRED IN THE PERFORMANCE OF THE MEMBERS ' DUTIES PURSUANT TO9
1217+THIS SECTION.10
12871218 (4) T
1288-HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE IS REPEALED ,
1289-EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE RAIL INDUSTRY
1290-SAFETY ADVISORY COMMITTEE IS SCHEDUL ED FOR REVIEW IN ACCORDANCE
1291-WITH SECTION
1292-2-3-1203.
1219+HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE IS
1220+11
1221+REPEALED, EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE RAIL12
1222+INDUSTRY SAFETY ADVISORY COMMITTEE IS SCHEDULED FOR REVIEW IN13
1223+ACCORDANCE WITH SECTION 2-3-1203.14
12931224 40-20-314. Enforcement. T
1294-HE PUBLIC UTILITIES COMMISSION SHALL
1295-CONDUCT PERIODIC COMPLIANCE REVIEWS TO ENSURE EACH RAILROAD IS IN
1296-COMPLIANCE WITH THIS PART
1297-3.
1298-40-20-315. Severability. I
1299-F ANY PROVISION OF THIS PART 3 OR THE
1300-APPLICATION OF THIS PART
1301-3 TO ANY PERSON OR CIRCUMSTANCE IS HELD
1302-INVALID
1303-, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
1304-APPLICATIONS OF THIS PART
1305-3 THAT CAN BE GIVEN EFFECT WITHOUT THE
1306-INVALID PROVISION OR APPLICATION
1307-, AND TO THIS END THE PROVISIONS OF
1308-THIS PART
1309-3 ARE DECLARED TO BE SEVERABLE.
1310-SECTION 2. In Colorado Revised Statutes, 2-3-1203, add
1311-(25)(a)(VI) and (25)(a)(VII) as follows:
1312-2-3-1203. Sunset review of advisory committees - legislative
1313-PAGE 25-HOUSE BILL 24-1030 declaration - definition - repeal. (25) (a) The following statutory
1314-authorizations for the designated advisory committees will repeal on
1315-September 1, 2034:
1316-(VI) T
1317-HE COMMUNITY RAIL SAFETY ADVISORY COMMI TTEE CREATED
1318-IN SECTION
1319-40-20-312;
1320-(VII) T
1225+HE PUBLIC UTILITIES COMMISSION
1226+15
1227+SHALL CONDUCT PERIODIC COMPLIANCE REVIEWS TO ENSURE EACH16
1228+RAILROAD IS IN COMPLIANCE WITH THIS PART 3.17
1229+40-20-315. Severability. IF ANY PROVISION OF THIS PART 3 OR THE18
1230+APPLICATION OF THIS PART 3 TO ANY PERSON OR CIRCUMSTANCE IS HELD19
1231+INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR20
1232+APPLICATIONS OF THIS PART 3 THAT CAN BE GIVEN EFFECT WITHOUT THE21
1233+INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF22
1234+THIS PART 3 ARE DECLARED TO BE SEVERABLE.23
1235+SECTION 2. In Colorado Revised Statutes, 2-3-1203, add24
1236+(25)(a)(III) and (25)(a)(IV) as follows:25
1237+2-3-1203. Sunset review of advisory committees - legislative26
1238+declaration - definition - repeal. (25) (a) The following statutory27
1239+1030
1240+-31- authorizations for the designated advisory committees will repeal on1
1241+September 1, 2034:2
1242+(III) T
1243+HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
1244+3
1245+CREATED IN SECTION 40-20-312;4
1246+(IV) T
13211247 HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED
1322-IN SECTION
1323-40-20-313.
1324-SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
1325-$391,057 is appropriated to the department of regulatory agencies for use
1326-by the public utilities commission. This appropriation is from the public
1327-utilities commission fixed utility fund, created in section 40-2-114
1328-(1)(b)(II), C.R.S. To implement this act, the commission may use this
1329-appropriation as follows:
1330-(a) $359,897 for personal services, which amount is based on an
1331-assumption that the commission will require an additional 3.5 FTE; and
1332-(b) $31,160 for operating expenses.
1333-SECTION 4. Effective date. This act takes effect July 1, 2024.
1334-SECTION 5. Safety clause. The general assembly finds,
1335-determines, and declares that this act is necessary for the immediate
1336-preservation of the public peace, health, or safety or for appropriations for
1337-PAGE 26-HOUSE BILL 24-1030 the support and maintenance of the departments of the state and state
1338-institutions.
1339-____________________________ ____________________________
1340-Julie McCluskie Steve Fenberg
1341-SPEAKER OF THE HOUSE PRESIDENT OF
1342-OF REPRESENTATIVES THE SENATE
1343-____________________________ ____________________________
1344-Robin Jones Cindi L. Markwell
1345-CHIEF CLERK OF THE HOUSE SECRETARY OF
1346-OF REPRESENTATIVES THE SENATE
1347- APPROVED________________________________________
1348- (Date and Time)
1349- _________________________________________
1350- Jared S. Polis
1351- GOVERNOR OF THE STATE OF COLORADO
1352-PAGE 27-HOUSE BILL 24-1030
1248+5
1249+IN SECTION 40-20-313.6
1250+SECTION 3. Appropriation. (1) For the 2024-25 state fiscal7
1251+year, $391,057 is appropriated to the department of regulatory agencies8
1252+for use by the public utilities commission. This appropriation is from the9
1253+public utilities commission fixed utility fund, created in section 40-2-11410
1254+(1)(b)(II), C.R.S. To implement this act, the commission may use this11
1255+appropriation as follows:12
1256+(a) $359,897 for personal services, which amount is based on an13
1257+assumption that the commission will require an additional 3.5 FTE; and14
1258+(b) $31,160 for operating expenses.15
1259+SECTION 4. Effective date. This act takes effect July 1, 2024.16
1260+SECTION 5. Safety clause. The general assembly finds,17
1261+determines, and declares that this act is necessary for the immediate18
1262+preservation of the public peace, health, or safety or for appropriations for19
1263+the support and maintenance of the departments of the state and state20
1264+institutions.21
1265+1030
1266+-32-