HOUSE BILL 24-1030
BY REPRESENTATIVE(S) Mabrey and Mauro, Epps, Boesenecker,
Froelich, Lindsay, Parenti, Vigil, Amabile, Bacon, Bird, Brown, Daugherty,
Duran, Garcia, Hamrick, Hernandez, Herod, Joseph, Kipp, Lieder,
Lindstedt, Martinez, Marvin, McCormick, Ortiz, Ricks, Rutinel, Sirota,
Snyder, Story, Titone, Weissman, Willford, Woodrow, Young, Jodeh,
Lukens, Marshall, Valdez, Velasco, McCluskie;
also SENATOR(S) Cutter and Exum, Jaquez Lewis, Priola, Winter F.,
Bridges, Buckner, Coleman, Danielson, Fields, Gonzales, Kolker,
Marchman, Michaelson Jenet, Sullivan, Fenberg.
C
ONCERNING RAILROAD SAFETY , AND, IN CONNECTION THEREWITH ,
REQUIRING CERTAIN RAILROADS TO OPERATE TRAINS IN A MANNER
THAT MINIMIZES THE OBSTRUCTION OF EMERGENCY VEHICLES AT
HIGHWAY
-RAIL CROSSINGS, AND, WHEN NECESSARY TO ALLOW AN
EMERGENCY VEHICLE TO PASS
, SEPARATE A TRAIN; AUTHORIZING A
CREW MEMBER
'S DESIGNATED UNION REPRESENTATIVE TO REQUEST
INVESTIGATIONS OF CERTAIN REPORTED INCIDENTS
; AUTHORIZING
THE PUBLIC UTILITIES COMMISSION TO IMPOSE FINES FOR CERTAIN
VIOLATIONS
; REQUIRING FINE REVENUE TO BE PAID TO THE TRANSIT
AND RAIL DIVISION IN THE DEPARTMENT OF TRANSPORTATION FOR
THE PURPOSES OF MAINTAINING AND IMPROVING THE SAFETY OF A
PASSENGER RAIL SYSTEM
; CREATING THE OFFICE OF RAIL SAFETY ;
CREATING THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE ;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. CREATING THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE ; AND
MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 3 to article 20
of title 40 as follows:
PART 3
RAILROAD SAFETY
40-20-301. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS
, DETERMINES, AND DECLARES THAT:
(a) R
AILROAD TRANSPORTATION IS A CRITICAL COMPONENT OF
COLORADO'S ECONOMY AND PROVIDES EFFICIENT AND COST -EFFECTIVE
MOVEMENT OF GOODS ACROSS THE STATE AND BEYOND
;
(b) P
ROTECTING COLORADO'S RESIDENTS, ECOSYSTEMS, AND
INFRASTRUCTURE FROM EXPOSURE TO HAZARDOUS MATERIALS CARRIED BY
TRAINS IS A TOP PRIORITY OF THE GENERAL ASSEMBLY
;
(c) T
RAINS EMIT FEWER GREENHOUSE GAS EMISSIONS THAN OTHER
MODES OF TRANSPORTATION
, INCLUDING TRUCK TRACTORS, TRAILERS, OR
SEMITRAILERS
, THEREBY MAKING TRAINS A DESIRABLE CLIMATE -CONSCIOUS
OPTION FOR TRANSPORTING LARGE VOLUMES OF WEIGHT AND FOR FREIGHT
MOVEMENT
;
(d) C
OLORADO'S FRAGILE ECOSYSTEMS , WEATHER EXTREMES ,
EXTENSIVE NUMBER OF HARD -TO-MAINTAIN RAILROAD TRACK MILES , AND
NUMBER OF COMMUNITIES THROUGH WHICH RAILROADS OPERATE
NECESSITATE THAT THE STATE TAKE DECISIVE ACTION TO PREVENT AND
MITIGATE POTENTIAL HARM TO THE ENVIRONMENT AND
COLORADO
RESIDENTS FROM DERAILMENTS AND OTHER ACCIDENTS
;
(e) R
AILROAD TRACKS FREQUENTLY BISECT COMMUNITIES WITH
POPULATIONS OF
BLACK PEOPLE, INDIGENOUS PEOPLE, AND OTHER PEOPLE
OF COLOR AND LOW
-INCOME COMMUNITIES ACROSS COLORADO, MEANING
THAT ANY DERAILMENT WILL LIKELY DISPROPORTIONATELY IMPACT THOSE
PAGE 2-HOUSE BILL 24-1030 COMMUNITIES, WHICH NECESSITATES THAT COLORADO TAKE EXTRA
PRECAUTIONS TO PREVENT DERAILMENTS
;
(f) T
HE FREQUENCY OF TRAIN ACCIDENTS INVOLVING HAZARDOUS
MATERIALS HAS INCREASED IN THE LAST TWENTY YEARS
. BEGINNING IN
1990, RAILROADS STARTED LOBBYING FOR LESS REGULATION OF THE
TRANSPORTATION OF HAZARDOUS MATERIALS
, AND A REDUCTION IN
REGULATION RESULTED IN A GREATER NUMBER OF DERAILMENTS
. WHEN
RAILROADS IMPLEMENTED PRECISION SCHEDULING TO INCREASE PROFITS
BEGINNING IN
2010, THE NUMBER OF DERAILMENTS INVOLVING HAZARDOUS
MATERIALS INCREASED SIGNIFICANTLY
.
(g) T
HE SAFE AND EFFICIENT OPERATION OF RAILROADS REQUIRES
SEVERAL FACTORS
, INCLUDING REGULARLY MAINTAINING RAILROAD TRACKS
AND ROLLING STOCK
, APPROPRIATELY USING TECHNOLOGY TO DETECT AND
ADDRESS MECHANICAL AND OTHER ISSUES
, EMPLOYING EXPERIENCED AND
WELL
-PAID WORKERS WITH CRITICAL SKILL SETS TO RECOGNIZE AND AVOID
ACCIDENTS
, AND LIMITING THE NUMBER OF CARS THAT TRAINS CARRY TO
ENSURE THAT TRAINS HAVE REASONABLE LENGTHS
.
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS , DETERMINES, AND
DECLARES THAT
:
(a) R
AILROADS UTILIZE NUMEROUS FORMS OF AVAILABLE
TECHNOLOGY TO DETECT AND PREVENT VARIOUS EQUIPMENT FAILURES
,
INCLUDING INSTALLING WAYSIDE DETECTOR SYSTEMS ADJACENT TO A MAIN
LINE
;
(b) T
WO OF THE MOST COMMON WAYSIDE DETECTOR TECHNOLOGIES
THAT RAILROADS CURRENTLY USE ARE HOT BEARING DETECTORS THAT USE
INFRARED SENSORS TO MEASURE THE TEMPERATURES OF BEARINGS ON
PASSING TRAINS AND DRAGGING EQUIPMENT DETECTORS THAT DETECT
OBJECTS DRAGGING ALONG A TRACK
;
(c) U
SING HOT BEARING DETECTORS AND DRAGGING EQUIPMENT
DETECTORS AT REGULAR INTERVALS ALONG A RAILR OAD TRACK CAN
REDUCE THE RISK OF DERAILMENTS
, ACCIDENTS, AND OTHER INCIDENTS AND
PROMOTE THE SAFE AND EFFICIENT MOVEMENT OF GOODS ACROSS THE
STATE
;
PAGE 3-HOUSE BILL 24-1030 (d) THESE WAYSIDE DETECTOR SYSTEMS ARE HIGHLY EFFECTIVE ,
PREVENTIVE TOOLS THAT CAN ALERT RAILROAD CREWS TO PROBLEMS SO
THEY CAN TAKE IMMEDIATE ACTION TO PREVENT ACCIDENTS OR
DERAILMENTS
;
(e) T
HE FEDERAL RAILROAD ADMINISTRATION RECOMMENDS BUT
DOES NOT REQUIRE THE PLACEMENT OF HOT BEARING DETECTORS AT
INTERVALS OF FORTY MILES
, WHILE RAILROAD EXPERTS NATIONWIDE HAVE
CALLED FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF HOT
BEARING DETECTORS
;
(f) T
HE FEDERAL RAILROAD ADMINISTRATION ALSO RECOMMENDS
BUT DOES NOT REQUIRE THE INSTALLATION OF DRAGGING EQUIPMENT
DETECTORS AT INTERVALS OF NO MORE THAN TWENTY
-FIVE MILES ON
RAILROAD TRACKS ON WHICH TRAINS OPERATE AT SPEEDS OF SIXTY MILES
PER HOUR OR MORE
, WHILE RAILROAD EXPERTS NATIONWIDE HAVE CALLED
FOR SIGNIFICANTLY GREATER QUANTITY AND DENSITY OF DRAGGING
EQUIPMENT DETECTORS
;
(g) T
HE FEDERAL RAILROAD ADMINISTRATION 'S RECOMMENDED
SPACING DISTANCES DO NOT CONSIDER THE UNIQUE AND CHALLENGING
DYNAMICS OF OPERATING RAILR OADS SAFELY IN
COLORADO, DO NOT
ADEQUATELY PREVENT ACCIDENTS AND DERAILMENTS
, AND DO NOT
PROACTIVELY PROTECT
COLORADO'S RESIDENTS, COMMUNITIES, AND
ENVIRONMENT FROM HARM
;
(h) R
AILROADS ARE NOT CURRENTLY REQUIRED TO DISCLOSE WHERE
WAYSIDE DETECTORS ARE INSTALLED OR WHETHER THE DETECTORS ARE
OPERATIONAL
, NOR ARE THEY REQUIRED TO CONSIDER VARIABLE TRACK
CONDITIONS IN THE PLACEMENT OF D ETECTORS
. WITHOUT THIS
INFORMATION
, THE GENERAL ASSEMBLY, THE PUBLIC UTILITIES COMMISSION,
AND THE PUBLIC ARE FORCED TO RELY ONLY ON THE ASSERTIONS OF
RAILROADS THAT THEY ARE ADE QUATELY MONITORING TRACKS AND TRAINS
FOR PROBLEMS
.
(i) R
ECENT DERAILMENTS AND ACCIDENTS ACROSS THE COUNTRY
HAVE HIGHLIGHTED THAT RAILROADS ARE NOT ADEQUATELY MONITORING
FOR PROBLEMS OR TAKING PREVENTIVE ACTION
, THAT SEVERE INJURY TO
INDIVIDUALS AND SEVERE DAMAGE TO THE ENVIRONMENT AND
INFRASTRUCTURE ARE PREVENTABLE AND UNNECESSARY
, AND THAT THE
PAGE 4-HOUSE BILL 24-1030 GENERAL ASSEMBLY MUST TAKE ACTION ;
(j) T
RANSPARENCY AND ACCOUNTABILITY IN RAILR OAD OPERATIONS
ARE CRITICAL TO ENSURE THE SAFETY OF
COLORADO'S RESIDENTS, PROTECT
INFRASTRUCTURE AND THE ENVIRONMENT
, AND PROMOTE LONG -TERM
SUSTAINABILITY OF THE STATE
'S ECONOMY, AND IT IS NECESSARY TO
REQUIRE RAILROAD COMPANIES TO ANNUALLY REPORT THE LOCATIONS OF
INSTALLED WAYSIDE DETECTOR SYSTEMS AND TRAIN LENGTH TO THE PUBLIC
UTILITIES COMMISSION
; AND
(k) ABSENT A COLORADO-SPECIFIC RECOMMENDATION FROM THE
FEDERAL RAILROAD ADMINISTRATION CONCERNING THE PLACEMENT OF
WAYWARD DETECTOR SYSTEMS
, AND WITH NO RECOMMENDATION PENDING
IN THE IMMEDIATE FUTURE
, THE GENERAL ASSEMBLY DEFERS TO THE EXPERT
ADVICE OF RAILROAD OPERATORS
.
(3) T
HEREFORE, THE GENERAL ASSEMBLY HEREBY ENACTS THIS PART
3 TO:
(a) P
ROMOTE TRANSPARENCY , ACCOUNTABILITY, AND SAFETY IN
RAILROAD OPERATIONS IN THE STATE
;
(b) L
IMIT GREENHOUSE GAS EMISSIONS;
(c) R
EDUCE THE RISK OF ACCIDENTS , DERAILMENTS, AND OTHER
INCIDENTS ASSOCIATED WITH RAILROAD TRANSPORTATION
; AND
(d) PROTECT THE HEALTH AND WELL -BEING OF COLORADO'S
RESIDENTS AND ECOSYSTEMS
.
40-20-302. Definitions. A
S USED IN THIS PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
CCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.
(2) "C
LASS I RAILROAD" HAS THE MEANING SET FORTH IN 49 U.S.C.
SEC. 20102 (1).
(3) "C
LASS II RAILROAD" HAS THE MEANING SET FORTH IN 49 U.S.C.
SEC. 20102 (1).
PAGE 5-HOUSE BILL 24-1030 (4) "CLASS III RAILROAD" HAS THE MEANING SET FORTH IN 49 U.S.C.
SEC. 20102 (1).
(5) "C
OMMUNITY RAIL SAFETY ADVISORY COMMITTEE " MEANS THE
COMMUNITY RAIL SAFETY ADVISORY COMMITTEE CREATED IN SECTION
40-20-312.
(6) "D
EFECT" INCLUDES, BUT IS NOT LIMITED TO, HOT WHEEL
BEARINGS
, HOT WHEELS, DEFICIENT BEARINGS DETECTED THROUGH
ACOUSTIC MEANS
, DRAGGING OF EQUIPMENT, EXCESSIVE HEIGHT, EXCESSIVE
WEIGHT
, A SHIFTED LOAD, A LOOSE HOSE, IMPROPER RAIL TEMPERATURE, OR
A DEFICIENT WHEEL CONDITION
.
(7) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(8) "D
RAGGING EQUIPMENT DETECTOR " MEANS AN ELECTRONIC
DEVICE OR OTHER TECHNOLOGY THAT MONITORS A PASSING TRAIN TO
ACTIVELY DETECT AND ALERT OPERATORS OF THE TRAIN OF THE EXISTENCE
OF ANY OBJECTS DRAGGING FROM THE TRAIN
.
(9) "F
UND" MEANS THE RAIL DISTRICT MAINTENANCE AND SAFETY
FUND CREATED IN SECTION
40-20-309.
(10) "H
AZARDOUS MATERIAL" HAS THE MEANING SET FORTH IN 49
CFR
171.8.
(11) "H
IGHWAY-RAIL CROSSING" MEANS:
(a) T
HE POINT AT WHICH ANY PUBLIC HIGHWAY IS OR WILL BE
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD AT
,
ABOVE, OR BELOW GRADE;
(b) T
HE POINT AT WHICH THE TRACKS OR OTHER FACILITIES OF A
RAILROAD ARE OR MAY BE CONSTRUCTED ACROSS ANY PUBLIC HIGHWAY AT
,
ABOVE, OR BELOW GRADE;
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE
CONSTRUCTED ACROSS PRIVATE TRACKS ON WHICH ANY RAILROAD MAY
OPERATE AT
, ABOVE, OR BELOW GRADE; OR
PAGE 6-HOUSE BILL 24-1030 (d) THE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY
RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY
PUBLIC PATHWAY AT
, ABOVE, OR BELOW GRADE.
(12) "H
OT BEARINGS DETECTOR" MEANS AN INFRARED DETECTOR
LOCATED ALONG RAILROAD TRACKS TO DETECT AND ALERT THE OPERATORS
OF A PASSING TRAIN TO ANY OVERHEATING OF A TRAIN
'S BEARINGS, AXLES,
OR WHEELS.
(13) "I
NCIDENT" HAS THE MEANING SET FORTH IN 49 CFR 225.5.
(14) "M
AIN LINE" MEANS A SEGMENT OR ROUTE OF RAILROAD
TRACKS OF ANY RAILROAD OVER WHICH FIVE MILLION OR MORE GROSS TONS
OF RAILROAD TRAFFIC IS TRANSPORTED ANNUALLY AS DOCUMENTED IN
TIMETABLES FILED WITH THE FEDERAL RAILROAD ADMINISTRATION
PURSUANT TO
49 CFR 217.7. "MAIN LINE" DOES NOT INCLUDE TOURIST,
SCENIC, HISTORIC, OR EXCURSION OPERATIONS AS DEFINED IN 49 CFR 238.5.
(15) "P
ASSENGER RAIL SYSTEM" HAS THE MEANING SET FORTH IN
SECTION
32-22-102 (9).
(16) "P
ATHWAY CROSSING" MEANS:
(a) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE
CONSTRUCTED ACROSS THE TRACKS OR OTHER FACILITIES OF A RAILROAD AT
,
ABOVE, OR BELOW GRADE;
(b) T
HE POINT AT WHICH ANY TRACKS OR OTHER FACILITIES OF A
RAILROAD ARE OR WILL BE CONSTRUCTED ACROSS ANY PUBLIC PATHWAY AT
,
ABOVE, OR BELOW GRADE;
(c) T
HE POINT AT WHICH ANY PUBLIC PATHWAY IS OR WILL BE
CONSTRUCTED ACROSS PRIVATE TRACKS OVER WHICH ANY RAILROAD MAY
OPERATE AT
, ABOVE, OR BELOW GRADE; OR
(d) THE POINT AT WHICH PRIVATE TRACKS OVER WHICH ANY
RAILROAD MAY OPERATE ARE OR WILL BE CONSTRUCTED ACROSS ANY
PUBLIC PATHWAY AT
, ABOVE, OR BELOW GRADE.
(17) "P
UBLIC CROSSING" MEANS A HIGHWAY-RAIL CROSSING OR
PAGE 7-HOUSE BILL 24-1030 PATHWAY CROSSING WHERE THE HIGHWAY OR PATHWAY ON BOTH SIDES OF
THE CROSSING IS UNDER THE JURISDICTION OF OR IS MAINTAINED BY A STATE
OR LOCAL ROAD AUTHORITY AND IS OPEN TO PUBLIC TRAVEL
.
(18) "P
UBLIC UTILITIES COMMISSION" OR "COMMISSION" MEANS THE
PUBLIC UTILITIES COMMISSION CREATED IN SECTION
40-2-101.
(19) "R
AIL INDUSTRY SAFETY ADVISORY COMMITTEE " MEANS THE
RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED IN SECTION
40-20-313.
(20) "R
AILROAD" MEANS A PERSON PROVIDING RAILROAD
TRANSPORTATION
.
(21) "R
AILROAD TRANSPORTATION " MEANS ANY FORM OF
NONHIGHWAY GROUND TRANSPORTATION THAT RUNS ON RAILS OR
ELECTROMAGNETIC GUIDEWAYS
. "RAILROAD TRANSPORTATION " DOES NOT
INCLUDE RAPID TRANSIT OPERATIONS
, PUBLIC TRANSPORTATION, RAIL FIXED
GUIDEWAY OPERATIONS
, OR COMMUTER PASSENGER RAIL THAT :
(a) I
S IN AN URBAN OR A SUBURBAN AREA ; AND
(b) IS NOT CONNECTED TO A GENERAL OR AN INTERSTATE RAILROAD
SYSTEM
.
(22) "S
IDING" HAS THE MEANING SET FORTH IN 49 CFR 218.93.
(23) "T
RAIN" MEANS A LOCOMOTIVE UNIT OR LOCOMOTIVE UNITS ,
WITH OR WITHOUT CARS, THAT REQUIRE AN AIR BRAKE TEST PURSUANT TO
49 CFR 232 AND 49 CFR 238.
(24) "W
AYSIDE DETECTOR" MEANS AN ELECTRONIC DEVICE OR A
SERIES OF CONNECTED DEVICES THAT MONITORS A PASSING TRAIN TO
DETERMINE WHETHER THE TRAIN HAS A DEFECT
, INCLUDING A HOT BEARINGS
DETECTOR AND A DRAGGING EQUIPMENT DETECTOR
.
40-20-303. Wayside detector systems - obstructions at public
crossings - reports. (1) O
N OR BEFORE JANUARY 1, 2025, AND ON OR
BEFORE
JANUARY 1 OF EACH YEAR THEREAFTER, A RAILROAD OPERATING
ANY MAIN LINE IN THE STATE SHALL SUBMIT TO THE PUBLIC UTILITIES
PAGE 8-HOUSE BILL 24-1030 COMMISSION A PUBLIC REPORT THAT DISCLOSES , AT A MINIMUM, THE
FOLLOWING INFORMATION
:
(a) A
N OVERVIEW OF THE TYPES OF, GENERAL LOCATIONS OF, AND
SPACING BETWEEN WAYSIDE DETECTORS ON MAIN LINES IN
COLORADO;
(b) A
GENERAL DESCRIPTION OF HOW THE WAYSIDE DETECTOR
SYSTEM PROMOTES SAFETY
, INCLUDING PLANS TO ADJUST OR IMPROVE THE
WAYSIDE DETECTOR SYSTEM OR REVIEW WAYSIDE DETECTOR TECHNOLOGY
;
(c) A
GENERAL DESCRIPTION OF THE PROCESS BY WHICH DEFECTS OR
OTHER DETECTIONS ARE MANAGED IN OR DER TO PROVIDE NOTICE TO TRAIN
OPERATORS AND OTHERS
; AND
(d) THE PERCENTAGE OF TIME THAT EACH TYPE OF WAYSIDE
DETECTOR WAS OPERATIONAL FOR THE PREVIOUS YEAR
.
(2) (a) E
XCEPT FOR TRAINS OR EQUIPMENT STOPPED DUE TO
MECHANICAL FAILURE WHERE SEPARATION OR MOVEMENT IS NOT POSSIBLE
,
THE STATE EXPECTS THAT ANY TRAIN OR EQUIPMENT OPERATING ON A MAIN
LINE OR SIDING IN THE STATE SHOULD BE OPERATED IN SUCH A MANNER AS
TO MINIMIZE OBSTRUCTION OF EMERGENCY VEHICLES AT HIGHWAY
-RAIL
CROSSINGS
. UPON THE APPROACH OF AN EMERGENCY VEHICLE TO ANY
BLOCKED CROSSING
, AN EMERGENCY VEHICLE MAY GIVE WARNING OF ITS
APPROACH BY THE SOUNDING OF SIRENS
, FLASHING OF LIGHTS, WAVING OF
A FLAG
, OR ANY OTHER WARNING SUFFICIENT TO ATTRACT ATTENTION TO
THE EMERGENCY VEHICLE TO ALLOW THE TRAIN CREW TO SEPARATE THE
TRAIN OR EQUIPMENT AND CLEAR THE CROSSING WITH ALL POSSIBLE
DISPATCH TO PERMIT THE EMERGENCY VEHICLE TO PASS
. IF A BLOCKED
CROSSING IS NOT CLEARED
, THE ENTITY OPERATING THE EMERGENCY
VEHICLE OR THE DEPARTMENT OF PUBLIC SAFETY SHALL REQUEST THAT THE
RAILROAD IMMEDIATELY TAKE ANY ACTION
, CONSISTENT WITH SAFE
OPERATING PROCEDURES
, NECESSARY TO CLEAR THE HIGHWAY -RAIL
CROSSING
.
(b) T
HE DEPARTMENT OF PUBLIC SAFETY SHALL , AND OTHER
EMERGENCY VEHICLE OPERATORS MAY
, REPORT TO THE OFFICE OF RAIL
SAFETY THE DETAILS OF ANY EVENT IN WHICH AN EMERGENCY VEHICLE WAS
STOPPED OR DELAYED BY A TRAIN BLOCKING A HIGHWAY
-RAIL CROSSING,
ANY REQUEST THAT WAS MADE TO CLEAR THE CROSSING , THE RESOLUTION
PAGE 9-HOUSE BILL 24-1030 OF ANY SUCH REQUEST , AND ANY EFFECTS THAT THE DELAY OF THE
EMERGENCY VEHICLE HAD ON THE EMERGENCY RESPONSE
.
(c) A
S USED IN THIS SUBSECTION (2), "EMERGENCY VEHICLE" MEANS:
(I) A
N AMBULANCE OPERATED BY A PUBLIC AUTHORITY OR BY A
PRIVATE PERSON
;
(II) A
POLICE VEHICLE;
(III) A
FIRE ENGINE;
(IV) A
VEHICLE OPERATED BY A POWER COMPANY , ELECTRIC
COMPANY
, OR OTHER PUBLIC UTILITY;
(V) A
VEHICLE USED FOR EMERGENCY PURPOSES BY THE FEDERAL
GOVERNMENT OF THE
UNITED STATES; OR
(VI) ANY OTHER VEHICLE THAT IS BEING OPERATED FOR THE
PURPOSE OF SAVING LIFE OR PROPERTY OR RESPONDING TO ANY PUBLIC
PERIL
.
40-20-304. Emergency operations. (1) S
TATE EMERGENCY
RESPONSE AUTHORITIES MAY RECOMMEND ACTIONS NECESSARY TO PROTECT
RAILROADS
, RAIL WORKERS, AND PUBLIC SAFETY IN THE EVENT OF AN
EMERGENCY SUCH AS WILDFIRE
, FLOOD, EARTH MOVEMENT , OR CIVIL
DISORDER
, INCLUDING STOPPING OR REROUTING RAIL TRAFFIC IF DEEMED
NECESSARY
.
(2) A
RAILROAD SHALL RESPOND TO A STATE EMERGENCY RESPONSE
AUTHORITY PROMPTLY AND WORK CLOSELY WITH STATE AND LOCAL
OFFICIALS DURING EMERGENCIES TO COORDINATE RESPONSE EFFORTS AND
ENSURE THE SAFETY OF RAIL PERSONNEL AND THE PUBLIC
.
40-20-305. Incident response requirements. (1) (a) A
RAILROAD
OPERATING IN
COLORADO THAT ACCOMMODATES HIGH -HAZARD FLAMMABLE
TRAINS OR HIGH
-HAZARD HIGH-CONSEQUENCE HAZARDOUS MATERIAL SHALL
COORDINATE WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING
EMERGENCY RESPONSE AND SPILL RESPONSE CAPACITY AND PLANNING
. THE
RAILROAD AND THE DEPARTMENT OF PUBLIC SAFETY SHALL COORDINATE
PAGE 10-HOUSE BILL 24-1030 REGARDING THE ADEQUACY OF CACHES OF EQUIPMENT , SUPPLIES, AND
AVAILABLE STAFF TO MITIGATE ALL HAZARDS LIKELY WITHIN THE AREA
COVERED BY EACH CACHE
, INCLUDING CONSIDERATION OF:
(I) F
IRE SUPPRESSION FOAM AND FOAM SYSTEMS ;
(II) A
BSORBENT MATERIALS AND CONTAINMENT BOOMS ;
(III) S
PECIALIZED LEAK MITIGATION AND REPAIR KITS ;
(IV) C
HEMICAL PROTECTIVE CLOTHING ;
(V) P
ERSONNEL DECONTAMINATION SUPPLIES ;
(VI) I
NTEROPERABLE COMMUNICATION EQUIPMENT ; AND
(VII) RESPONSE TIMES.
(b) A
RAILROAD SHALL ENSURE THAT LOCAL AND STATE FIRST
RESPONDERS HAVE ACCESS TO THE CACHED EQUIPMENT NECESSARY TO
RESPOND TO RAIL INCIDENTS
.
(c) R
ESOURCES DESCRIBED IN THIS SUBSECTION (1) MAY BE
MAINTAINED
:
(I) A
S PARTNERSHIPS WITH FEDERAL , STATE, COUNTY, OR LOCAL
AGENCIES
, INCLUDING LOCAL FIRE DEPARTMENTS AND POLICE
DEPARTMENTS
; OR
(II) PURSUANT TO CONTRACTS WITH OTHER RAILROADS OR
EMERGENCY RESPONSE ENTITIES
.
(2) N
OTHING IN THIS SECTION CREATES ANY DUTY FOR A LOCAL
GOVERNMENT
; EXCEPT THAT A LOCAL GOVERNMENT MAY AGREE TO ASSUME
DUTIES DELEGATED TO THE LOCAL GOVERNMENT BY A RAILROAD
.
(3) A
RAILROAD MAY PARTNER WITH ONE OR MORE COUNTIES OR
OTHER REGIONAL ENTITIES TO SUPPORT REGIONAL HAZARDOUS MATERIALS
TEAMS AND CAPABILITIES
.
PAGE 11-HOUSE BILL 24-1030 (4) EACH RAILROAD SHALL COORDINATE WITH THE DEPARTMENT OF
PUBLIC SAFETY TO CONDUCT AT LEAST TWO HAZARDOUS MATERIALS
RESPONSE TABLETOP EXERCISES EACH YEAR WITH OTHER FEDERAL
,
REGIONAL, STATE, AND LOCAL AGENCIES , INCLUDING AT LEAST ONE
SCENARIO INVOLVING DERAILMENT AND RELEASE OF CRUDE OIL OR OTHER
FLAMMABLE MATERIALS AND AT LEAST ONE INCIDENT WITH DERAILMENT
INVOLVING INHALATION HAZARDS
.
40-20-306. Emergency notifications. (1) W
ITHIN THIRTY MINUTES
AFTER DISCOVERING AN EMERGENCY INVOLVING A TRAIN
, UNLESS
COMMUNICATION IS IMPOSSIBLE
, THE RAILROAD OPERATING THE TRAIN
SHALL NOTIFY THE STATE
'S WATCH CENTER OF THE EMERGENCY BY
TELEPHONE OR ANOTHER AGREED
-UPON METHOD OF COMMUNICATION TO
ENSURE THAT AUTHORITIES CAN RESPOND SWIFTLY AND APPROPRIATELY
.
E
MERGENCY CONDITIONS THAT REQUIRE A RAILROAD TO PROVIDE SUCH
NOTICE INCLUDE
:
(a) R
ELEASE OF ANY HAZARDOUS MATERIAL ;
(b) D
EATH OF ANY INDIVIDUAL;
(c) I
NJURY TO ANY INDIVIDUAL THAT REQUIRES MEDICAL
TREATMENT IN ADDITION TO FIRST AID
;
(d) A
NY FIRE OR RISK OF FIRE; AND
(e) PROPERTY DAMAGE AMOUNTING TO FIFTY THOUSAND DOLLARS
OR MORE
.
(2) T
HE NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS
SECTION MUST INCLUDE
:
(a) D
ETAILS ABOUT THE NATURE AND SEVERITY OF THE EMERGENCY ,
SUCH AS THE TYPE OF INCIDENT , THE LOCATION OF THE INCIDENT , THE
POTENTIAL HAZARDS INVOLVED
, AND ANY IMMEDIATE ACTIONS TAKEN OR
REQUIRED
;
(b) T
HE EXTENT OF THE IMPACT OF THE EMERGENCY , INCLUDING ANY
INJURIES
, FATALITIES, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGE ;
PAGE 12-HOUSE BILL 24-1030 (c) IMPACTS ON OTHER SURFACE TRANSPORTATION , INCLUDING
BLOCKED ROADWAYS
;
(d) I
F THE EMERGENCY INVOLVES THE TRANSPORTATION OF
HAZARDOUS MATERIALS
, SPECIFIC INFORMATION ABOUT THE MATERIALS
INVOLVED
, THEIR QUANTITIES, AND ANY POTENTIAL RISKS TO PUBLIC SAFETY
OR THE ENVIRONMENT
;
(e) R
ESPONSE ACTIONS TAKEN TO MITIGATE THE EMERGENCY ;
(f) R
EQUESTS FOR ASSISTANCE , INCLUDING EVACUATIONS ,
CONTAINMENT, AND ADDITIONAL RESOURCES; AND
(g) ANY IMMEDIATE COORDINATION EFFORTS THAT HAVE TAKEN
PLACE WITH LOCAL AUTHORITIES
.
(3) A
FTER PROVIDING THE EMERGENCY NOTIFICATION DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION, A RAILROAD SHALL SUBMIT FOLLOW -UP
REPORTS TO THE COMMISSION AND COORDINATE RESPONSE EFFORTS
.
(4) A
RAILROAD THAT PROVIDES A NOTIFICATION DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION SHALL ALSO NOTIFY THE COMMUNITY RAIL
SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE OF THE INCIDENT WITHIN THIRTY DAYS AFTER PROVIDING THE
NOTIFICATION DESCRIBED IN SUBSECTION
(1) OF THIS SECTION.
40-20-307. Reporting violation to union representative - request
for investigation. (1) A
CREW MEMBER OF A TRAIN OPERATED BY A
RAILROAD IN THE STATE MAY REPORT TO THE CREW MEMBER
'S DESIGNATED
UNION REPRESENTATIVE
:
(a) A
VIOLATION OF ANY OF THE SAFETY REQUIREMENTS SPECIFIED
IN THIS PART
3;
(b) A
N INJURY THE CREW MEMBER OR ANOTHER CREW MEMBER
SUSTAINED WHILE OPERATING A TRAIN ON ANY TRACK IN CONNECTION WITH
RAILROAD TRANSPORTATION IN THE STATE
; OR
(c) A DEATH THAT OCCURRED DURING THE OPERATION OF A TRAIN .
PAGE 13-HOUSE BILL 24-1030 (2) A DESIGNATED UNION REPRESENTATIVE RECEIVING A REPORT
MAY REQUEST AN INVESTIGATION FROM THE OFFICE OF RAIL SAFETY
.
40-20-308. Violations - penalties - rules. (1) I
F A RAILROAD OR
ANY OFFICER
, AGENT, OR EMPLOYEE OF THE RAILROAD VIOLATES SECTION
40-20-303, THE PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF NOT
LESS THAN TEN THOUSAND DOLLARS BUT NOT MORE THAN TWENTY
-FIVE
THOUSAND DOLLARS ON THE RAILROAD
. EACH DAY OF A CONTINUING
VIOLATION CONSTITUTES A SEPARATE VIOLATION
.
(2) N
OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE
PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF UP TO ONE HUNDRED
THOUSAND DOLLARS PER VIOLATION IF THE COMMISSION FINDS
:
(a) T
HE RAILROAD INTENTI ONALLY OR KNOWINGLY VIOLATED
SECTION
40-20-303; OR
(b) THE RAILROAD'S VIOLATION WAS PART OF A PATTERN AND
PRACTICE OF REPEATED VIOLATIONS OF SECTION
40-20-303.
(3) T
HE PUBLIC UTILITIES COMMISSION SHALL TRANSFER ALL FINES
COLLECTED PURSUANT TO SUBSECTIONS
(1) AND (2) OF THIS SECTION TO THE
STATE TREASURER
, WHO SHALL CREDIT THE FINES TO THE FUND.
(4) T
HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES
FOR THE DETERMINATION
, IMPOSITION, AND APPEAL OF FINES UNDER THIS
SECTION
.
40-20-309. Rail district maintenance and safety fund - created.
(1) T
HE RAIL DISTRICT MAINTENANCE AND SAFETY FUND IS HEREBY
CREATED IN THE STATE TREASURY
. THE FUND CONSISTS OF ANY MONEY
CREDITED TO THE FUND PURSUANT TO SECTION
40-20-308 (3) AND ANY
OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR
TRANSFER TO THE FUND
.
(2) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
.
(3) (a) F
OR THE 2025-26 STATE FISCAL YEAR AND EACH STATE
PAGE 14-HOUSE BILL 24-1030 FISCAL YEAR THEREAFTER, MONEY IN THE FUND IS ANNUALLY APPROPRIATED
TO THE TRANSIT AND RAIL DIVISION IN THE DEPARTMENT OF
TRANSPORTATION
. THE DIVISION MAY EXPEND THE MONEY RECEIVED FOR
THE PURPOSES OF
:
(I) S
AFETY PLANNING AND DEVELOPMENT DURING THE RESEARCH ,
DEVELOPMENT, AND CONSTRUCTION OF A PASSENGER RAIL SYSTEM ;
(II) P
LANNING, DESIGN, CONSTRUCTION, OR MAINTENANCE AND
OPERATION OF SAFETY IMPROVEMENTS ON ANY RAILROAD OR RAILROAD
CROSSING IN THE STATE
; AND
(III) COMPLETING CAPITAL DEVELOPMENT PROJECTS TO IMPROVE
THE SAFETY OF A PASSENGER RAIL SYSTEM
.
(b) M
ONEY IN THE FUND IS NOT INTENDED TO INCREASE THE NUMBER
OF FULL
-TIME EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION .
40-20-310. Training - rules. (1) O
N OR BEFORE JULY 1, 2025, AND
AT LEAST ONCE EVERY THREE YEARS THEREAFTER
, EACH RAILROAD SHALL
OFFER TRAINING TO EACH FIRE DEPARTMENT AND OTHER FIRST RESPONDER
ORGANIZATION HAVING JURISDICTION ALONG TRACKS UPON WHICH THE
RAILROAD OPERATES IN THE STATE
. IN SATISFYING THIS REQUIREMENT, A
RAILROAD MAY OFFER SUCH TRAINING SIMULTANEOUSLY TO MORE THAN
ONE FIRE DEPARTMENT AND OTHER FIRST RESPONDER ORGANIZATION
.
(2) T
HE TRAINING DESCRIBED IN SUBSECTION (1) OF THIS SECTION
MUST
:
(a) A
DDRESS THE GENERAL HAZARDS OF HAZARDOUS MATERIALS ,
TECHNIQUES TO ASSESS RISKS POSED TO THE ENVIRONMENT AND TO THE
SAFETY OF EMERGENCY RESPONDERS AND THE PUBLIC
, FACTORS AN
INCIDENT COMMANDER MUST CONSIDER IN DETERMINING WHETHER TO
ATTEMPT TO SUPPRESS A FIRE OR TO EVACUATE THE PUBLIC AND EMERGENCY
RESPONDERS FROM AN AREA
, PUBLIC NOTIFICATION PROCESSES ,
ENVIRONMENTAL CONTAMINATION RESPONSE , RESOURCE COORDINATION ,
AND OTHER STRATEGIES FOR INITIAL RESPONSE BY EMERGENCY
RESPONDERS
; AND
(b) INCLUDE SAFETY DRILLS THAT IMPLEMENT SUGGESTED
PAGE 15-HOUSE BILL 24-1030 PROTOCOLS OR PRACTICES FOR EMERGENCY RESPONDERS TO USE TO SAFELY
ACCOMPLISH THE TASKS DESCRIBED IN SUBSECTION
(2)(a) OF THIS SECTION.
E
ACH RAILROAD OPERATING TRAINS IN COLORADO SHALL CONDUCT AT
LEAST ONE OIL CONTAINMENT
, RECOVERY, AND SENSITIVE AREA PROTECTION
WALKTHROUGH
; TABLETOP EXERCISE; OR FUNCTIONAL EXERCISE INVOLVING
OIL OR HAZARDOUS SUBSTANCES EVERY YEAR
, AND AT LEAST ONE
FULL
-SCALE EXERCISE EVERY FIVE YEARS, IN COORDINATION WITH LOCAL
EMERGENCY MANAGEMENT ORGANIZATIONS AND LOCAL FIRE CHIEFS
.
(3) T
HE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES
FOR THE IMPLEMENTATION OF THIS SECTION
, INCLUDING RULES CONCERNING
TRAINING CONTENT
, SAFETY DRILLS, COMMUNICATION, AND RAILROAD
INCIDENT RESPONSE REQUIREMENTS
.
(4) I
N SATISFYING THE REQUIREMENTS OF THIS SECTION, A RAILROAD
SHALL COORDINATE ITS EFFORTS WITH LOCAL LAW ENFORCEMENT AGENCIES
AND THE HAZARDOUS MATERIALS SECTION OF THE
COLORADO STATE
PATROL
.
(5) A
CLASS II OR CLASS III RAILROAD MAY SATISFY THE
REQUIREMENTS OF THIS SECTION BY EITHER
:
(a) E
NTERING INTO AN AGREEMENT WITH A CLASS I RAILROAD TO BE
A PARTNER WITH THE CLASS
I RAILROAD IN ITS PROGRAM; OR
(b) ADOPTING THE TRAINING PROGRAMS PROVIDED BY THE SHORT
LINE SAFETY INSTITUTE.
40-20-311. Office of rail safety - agreement with federal railroad
administration - duties of commission, department of public safety, and
department of transportation - inspections - report - rules - repeal.
(1) T
HE OFFICE OF RAIL SAFETY IS CREATED WITH THE MISSION OF ENSURING
FREIGHT
, PASSENGER, COMMUNITY, AND ENVIRONMENTAL RAIL SAFETY IN
THE STATE FOR THE STATE
'S UNIQUE AND DELICATE TERRAIN , ITS
HEADWATERS
, ITS COMMUNITIES, AND ITS RAIL WORKERS. THE COMMISSION
SHALL ADMINISTER THE OFFICE IN ACCORDANCE WITH THIS ARTICLE
20.
(2) (a) A
S SOON AS IS PRACTICABLE, THE COMMISSION, ON BEHALF
OF THE STATE
, SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL
RAILROAD ADMINISTRATION PURSUANT TO
49 CFR PART 212 TO
PAGE 16-HOUSE BILL 24-1030 PARTICIPATE IN INSPECTION AND INVESTIGATION ACTIVITIES . UNDER THE
AGREEMENT
, THE COMMISSION SHALL SECURE THE AUTHORITY TO ADDRESS
ALL RAILROAD SAFETY DISCIPLINES
, INCLUDING CROSSINGS, TRACK, SIGNAL
AND TRAIN CONTROL
, MOTIVE POWER AND EQUIPMENT , OPERATING
PRACTICES
, COMPLIANCE, AND HAZARDOUS MATERIALS .
(b) I
F AN AGREEMENT CANNOT BE REACHED AS DESCRIBED IN
SUBSECTION
(2)(a) OF THIS SECTION, THE COMMISSION, ON BEHALF OF THE
STATE
, SHALL FILE AN ANNUAL CERTIFICATION PURS UANT TO 49 CFR
212.107.
(3) T
HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE
DEPARTMENT OF TRANSPORTATION SHALL ENGAGE IN INSPECTION AND
INVESTIGATION ACTIVITIES AS DESCRIBED IN
49 CFR 212 TO ADDRESS
COMPLIANCE WITH THE REQUIREMENTS OF THIS PART
3. NOTWITHSTANDING
ANY PROVISION OF THIS SECTION
, THE AUTHORITY OF THE COMMISSION, THE
DEPARTMENT OF PUBLIC SAFETY
, AND THE DEPARTMENT OF
TRANSPORTATION TO ENGAGE IN INSPECTION AND INVESTIGATION ACTIVITIES
PURSUANT TO THIS SECTION IS LIMITED TO
:
(a) C
LASS I RAILROADS;
(b) R
AILROADS OPERATING ANY LINES THAT WERE USED BY CLASS I
RAILROADS AS OF THE EFFECTIVE DATE OF THIS PART 3; AND
(c) PASSENGER RAILROADS.
(4) T
HE ATTORNEY GENERAL MAY BRING AN ACTION , CONSISTENT
WITH
49 CFR PART 212, TO ENFORCE STATE AND FEDERAL RAILROAD SAFETY
REGULATIONS
. IN BRINGING SUCH AN ACTION , THE ATTORNEY GENERAL
SHALL COMPLY WITH
49 CFR 212.115.
(5) A
N INTERESTED PARTY MAY REQUEST THAT THE COMMISSION ,
THE DEPARTMENT OF PUBLIC SAFETY , OR THE DEPARTMENT OF
TRANSPORTATION INVESTIGATE AN ALLEGED VIOLATION OF THIS PART
3.
(6) T
HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, OR THE
DEPARTMENT OF TRANSPORTATION MAY REPORT AN ALLEGED VIOLATION OF
THIS PART
3 OR ANY OTHER SAFETY CONCERN TO THE FEDERAL RAILROAD
ADMINISTRATION OR THE FEDERAL SURFACE TRANSPORTATION BOARD
.
PAGE 17-HOUSE BILL 24-1030 (7) THE COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS,
GRANTS, AND DONATIONS AND FEDERAL GRANT MONEY TO PURCHASE
TRAINING MATERIALS AND OTHER EQUIPMENT AS NEEDED FOR THE
IMPLEMENTATION OF THIS SECTION
.
(8) T
HE COMMISSION SHALL REGULARLY ENGAGE WITH RAILROADS ,
UNIONS REPRESENTING RAILROAD EMPLOYEES , LOCAL GOVERNMENTS OF
COUNTIES
, SPECIAL DISTRICTS, AND MUNICIPALITIES THAT CONTAIN
RAILROAD LINES
, FIRST RESPONDER ORGANIZATIONS, DISPROPORTIONATELY
IMPACTED COMMUNITIES
, AND ENVIRONMENTAL ORGANIZATIONS IN
IMPLEMENTING THIS SECTION
.
(9) T
HE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE
DEPARTMENT OF TRANSPORTATION ARE IMMUNE FROM LIABILITY FOR
ACTIONS PERFORMED PURSUANT TO THIS SECTION
, AS DESCRIBED IN ARTICLE
10 OF TITLE 24.
(10) T
HE OFFICE OF RAIL SAFETY SHALL COLLECT AND REPORT
INFORMATION REGARDING BLOCKED HIGHWAY
-RAIL CROSSINGS IN THE
STATE
, INCLUDING INFORMATION REGARDING EMERGENCY VEHICLES
AFFECTED BY BLOCKED HIGHWAY
-RAIL CROSSINGS.
(11) (a) T
HE OFFICE OF RAIL SAFETY SHALL CREATE A STANDARD
PROCESS FOR INVESTIGATORS TO USE DURING INVESTIGATIONS UNDER THIS
SECTION FOR DETERMINING THE APPROPRIATE TIME AND METHOD FOR
:
(I) G
ATHERING INFORMATION ABOUT AN INVESTIGATION FROM
RAILROADS
, CONTRACTORS, OR EMPLOYEES OF RAILROADS OR FROM
REPRESENTATIVES OF EMPLOYEES OF RAILROADS
, AND OTHERS, AS
DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY
; AND
(II) CONSULTING WITH RAILROADS, CONTRACTORS, OR EMPLOYEES
OF RAILROADS
, OR WITH REPRESENTATIVES OF EMPLOYEES OF RAILROADS ,
AND OTHERS, AS DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY ,
FOR TECHNICAL EXPERTISE ON THE FACTS OF AN INVESTIGATION .
(b) I
N DEVELOPING THE PROCESS REQUIRED UNDER SUBSECTION
(11)(a) OF THIS SECTION, THE OFFICE OF RAIL SAFETY SHALL INCLUDE
CONSIDERATION OF HOW TO MAINTAIN THE CONFIDENTIALITY OF ANY ENTITY
IDENTIFIED PURSUANT TO SUBSECTION
(11)(a) OF THIS SECTION IF:
PAGE 18-HOUSE BILL 24-1030 (I) THE ENTITY REQUESTS CONFIDENTIALITY ;
(II) T
HE ENTITY WAS NOT INVOLVED IN THE ACCIDENT OR INCIDENT ;
AND
(III) MAINTAINING THE ENTITY'S CONFIDENTIALITY DOES NOT
ADVERSELY AFFECT AN INVESTIGATION BY THE OFFICE OF RAIL SAFETY
.
(c) (I) E
XCEPT AS PROVIDED IN SUBSECTION (11)(c)(II) OF THIS
SECTION
, THE OFFICE OF RAIL SAFETY MAY NOT DISCLOSE THE NAME OF AN
EMPLOYEE OF A RAILROAD WHO HAS PROVIDED INFORMATION ABOUT AN
ALLEGED VIOLATION OF THIS PART
3 OR MATTERS DESCRIBED IN SUBSECTION
(11)(c)(II) OF THIS SECTION UNLESS THE OFFICE OF RAIL SAFETY OBTAINS
THE EMPLOYEE
'S WRITTEN CONSENT FOR SUCH DISCLOSURE .
(II) T
HE OFFICE OF RAIL SAFETY SHALL DISCLOSE TO THE ATTORNEY
GENERAL OR THE FEDERAL RAILROAD ADMINISTRATION THE NAME OF AN
EMPLOYEE DESCRIBED IN SUBSECTION
(11)(c)(I) OF THIS SECTION IF THE
MATTER IS REFERRED TO THE ATTORNEY GENERAL OR THE FEDERAL
RAILROAD ADMINISTRATION FOR ENFORCEMENT
. BEFORE MAKING SUCH A
DISCLOSURE
, THE OFFICE OF RAIL SAFETY SHALL PROVIDE REASONABLE
ADVANCE NOTICE TO THE AFFECTED EMPLOYEE AND TO A DESIGNATED
EMPLOYEE REPRESENTATIVE IF SUCH A REPRESENTATIVE EXISTS
.
(d) T
HE OFFICE OF RAIL SAFETY SHALL PROMULGATE RULES TO
PROTECT EMPLOYEES FROM RETALIATION FOR THEIR PARTICIPATION IN
INVESTIGATIONS UNDER THIS SECTION AND SHALL CREATE A MECHANISM TO
ACCEPT AND RESOLVE COMPLAINTS REGARDING VIOLATIONS OF THE RULES
,
WHICH MECHANISM IS CONSISTENT WITH FEDERAL LAW .
(12) T
HE OFFICE OF RAIL SAFETY SHALL COORDINATE WITH THE
DEPARTMENT OF TRANSPORTATION
, THE DEPARTMENT OF PUBLIC SAFETY ,
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , THE DEPARTMENT
OF NATURAL RESOURCES
, AND STAKEHOLDERS SUCH AS RAILROADS , FIRST
RESPONDERS
, LOCAL GOVERNMENTS , METROPOLITAN PLANNING
ORGANIZATIONS
, AND LABOR ORGANIZATIONS TO IDENTIFY AND IMPLEMENT
INITIATIVES AND PRIORITIES TO REDUCE THE FREQUENCY OF BLOCKED
HIGHWAY
-RAIL CROSSINGS, IMPROVE EMERGENCY PREPAREDNESS AND
RESILIENCE
, AND IMPROVE RAIL SAFETY. THIS MAY INCLUDE INNOVATIVE
USE OF DATA AND TECHNOLOGY TO PRIORITIZE ELIMINATION OR PROTECTION
PAGE 19-HOUSE BILL 24-1030 OF HIGHWAY-RAIL CROSSINGS, INFORMATION SHARING , AND FIRST
RESPONDER DECISION SUPPORT
. THE OFFICE OF RAIL SAFETY SHALL ALSO
COORDINATE WITH THE AFOREMENTIONED ENTITIES REGARDING POSSIBLE
FEDERAL GRANTS TO IMPROVE RAIL AND PUBLIC SAFETY
.
(13) (a) O
N OR BEFORE DECEMBER 1, 2024, THE COMMISSION, THE
DEPARTMENT OF PUBLIC SAFETY
, AND THE DEPARTMENT OF
TRANSPORTATION SHALL PROVIDE A REPORT TO THE GOVERNOR
; THE
TRANSPORTATION
, HOUSING, AND LOCAL GOVERNMENT COMMITTEE OF THE
HOUSE OF REPRESENTATIVES
; AND THE TRANSPORTATION AND ENERGY
COMMITTEE OF THE SENATE
. THE REPORT MUST BE DEVELOPED IN
CONSULTATION WITH THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE AND INCLUDE
:
(I) A
N ASSESSMENT OF THE STAFFING LEVELS AND EQUIPMENT
NECESSARY TO ENSURE RAILROADS
' COMPLIANCE WITH FEDERAL AND STATE
RULES AND REGULATIONS AND MINIMIZE RAIL SAFETY RISKS FOR RAILROADS
,
FACILITIES, WORKERS, AND COMMUNITIES THAT INCLUDE RAIL LINES ;
(II) A
N INDICATION THAT PUBLIC DATA NOT SUBJECT TO EXCEPTIONS
UNDER THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF
TITLE
24, WILL BE SHARED WITH THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
;
(III) A
N ASSESSMENT OF DATA COLLECTION AND REPORTING NEEDS
TO ENSURE ANNUAL REPORTING ON RAIL SAFETY
, INCLUDING TRAIN LENGTH,
FOR COVERED RAILROADS AND FACILITIES ;
(IV) A
N ASSESSMENT OF EMERGENCY RESPONSE AND CLEANUP
CAPACITY NEEDED FOR HAZARDOUS MATERIALS INCIDENTS INVOLVING
RAILROADS
;
(V) A
QUANTIFICATION OF THE ADEQUATE LEVELS OF INVESTMENT
NECESSARY TO REDUCE HIGHWAY
-RAIL CROSSING INCIDENTS AND OTHER
RISKS
;
(VI) M
ECHANISMS FOR ENSURING EQUITABLE INPUT FROM MEMBERS
OF THE PUBLIC TO STATE AGENCIES REGARDING RAIL SAFETY
;
(VII) A
N ASSESSMENT OF BEST PRACTICES FOR ENSURING FINANCIAL
PAGE 20-HOUSE BILL 24-1030 RESPONSIBILITY FOR RESPONSE, CLEANUP, AND DAMAGES FROM MAJOR RAIL
EVENTS
, WHICH ASSESSMENT REVIEWS BEST PRACTICES FROM OTHER
STATES
;
(VIII) A
REPORT CONCERNING COMMUNICATION ISSUES IMPACTING
RAIL LINES IN THE STATE
, INCLUDING COMMUNICATION WITH STATE ENTITIES
SUCH AS THE DEPARTMENT OF PUBLIC SAFETY
; COMMUNICATION ISSUES
BETWEEN CREWS WORKING LONG TRAINS
; AND COMMUNICATION FROM
WAYSIDE DETECTORS TO CREWS
; AND
(IX) (A) A LEGISLATIVE PROPOSAL CONCERNING THE CREATION OF
A FEE STRUCTURE OR OTHER REVENUE SOURCE
, AN ASSESSMENT, AND A
GOVERNANCE BODY AND AN OFFICE OF RAIL SAFETY TO ADDRESS THE NEEDS
DESCRIBED IN SUBSECTIONS
(13)(a)(I) TO (13)(a)(VIII) OF THIS SECTION,
WHICH FEE STRUCTURE, ASSESSMENT, AND GOVERNANCE BODY CAN BE
INTRODUCED AS LEGISLATION AS SOON AS THE
2025 REGULAR LEGISLATIVE
SESSION AND BEGIN OPERATING NO LATER THAN
JANUARY 1, 2027.
(B) T
HE REPORT MUST INCLUDE A RECOMMENDATION AS TO WHICH
STATE AGENCY WOULD HOST THE PROPOSED GOVERNANCE BODY TO ENSURE
PROPER COMPLIANCE WITH STATE AND FEDERAL LAW
, EQUITABLE ACCESS TO
COMMUNITY AND WORKER ORGANIZATIONS
, AND ENFORCEMENT OF SAFETY
REQUIREMENTS
.
(b) I
N PREPARING THE REPORT DESCRIBED IN SUBSECTION (13)(a) OF
THIS SECTION
, THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND
THE DEPARTMENT OF TRANSPORTATION SHALL CONSULT WITH THE
ATTORNEY GENERAL
, THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
, AND INTERESTED
STAKEHOLDERS
, INCLUDING RAILROADS, UNIONS REPRESENTING RAILROAD
EMPLOYEES
, LOCAL GOVERNMENTS OF COUNTIES , SPECIAL DISTRICTS, AND
MUNICIPALITIES THAT CONTAIN RAILROAD LINES
, THE FEDERAL RAILROAD
ADMINISTRATION
, FIRST RESPONDER ORGANIZATIONS, DISPROPORTIONATELY
IMPACTED COMMUNITIES
, AND ENVIRONMENTAL ORGANIZATIONS .
(c) T
HIS SUBSECTION (13) IS REPEALED, EFFECTIVE JULY 1, 2026.
(14) T
HE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT THIS
SECTION
.
PAGE 21-HOUSE BILL 24-1030 40-20-312. Community rail safety advisory committee -
membership - duties - rail safety plan - discrimination, adverse action,
retaliation prohibited - repeal. (1) T
HE COMMUNITY RAIL SAFETY
ADVISORY COMMITTEE IS CREATED
.
(2) (a) T
HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
CONSISTS OF THE FOLLOWING MEMBERS
:
(I) O
NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK FOR
A CLASS
I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
;
(II) O
NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK FOR
A CLASS
I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE
PRESIDENT OF THE SENATE
; EXCEPT THAT THE MEMBER MUST REPRESENT
UNION WORKERS WHO WORK FOR A CLASS
I FREIGHT LINE OTHER THAN THE
CLASS
I FREIGHT LINE WHOSE UNION WORKERS ARE REPRESENTED BY THE
MEMBER APPOINTED PURSUANT TO SUBSECTION
(2)(a)(I) OF THIS SECTION;
(III) O
NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
FOR A CLASS
II OR III RAILROAD IN THE STATE, TO BE APPOINTED BY THE
GOVERNOR
;
(IV) O
NE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK
FOR A PASSENGER RAIL OPERATOR
, TO BE APPOINTED BY THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES
;
(V) O
NE MEMBER WHO REPRESENTS A DISPROPORTIONATELY
IMPACTED COMMUNITY
, TO BE APPOINTED BY THE PRESIDENT OF THE
SENATE
;
(VI) O
NE MEMBER WHO REPRESENTS A STATEWIDE ENVIRONMENTAL
ORGANIZATION
, TO BE APPOINTED BY THE GOVERNOR ; AND
(VII) ONE MEMBER WHO REPRESENTS AN ORGANIZATION WITH A
MISSION TO COLLABORATE WITH ENVIRONMENTAL ORGANIZATIONS AND
UNION REPRESENTATIVES
, TO BE APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES
.
(b) T
HE APPOINTING AUTHORITIES DESCRIBED IN SUBSECTION (2)(a)
PAGE 22-HOUSE BILL 24-1030 OF THIS SECTION SHALL MAKE THE INITIAL APPOINTMENTS ON OR BEFORE
AUGUST 1, 2024.
(c) T
HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE EACH SERVE TERMS OF THREE YEARS
; EXCEPT THAT:
(I) T
HE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS
(2)(a)(VI)
AND (2)(a)(VII) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF
ONE YEAR
; AND
(II) THE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS
(2)(a)(III),
(2)(a)(IV),
AND (2)(a)(V) OF THIS SECTION SHALL EACH SERVE AN INITIAL
TERM OF TWO YEARS
.
(d) M
EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE SERVE AT THE PLEASURE OF THEIR RESPECTIVE APPOINTING
AUTHORITIES
.
(e) M
EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE MAY SERVE AN UNLIMITED NUMBER OF TERMS
.
(3) M
EMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE WHO ARE NOT COMPENSATED FOR ACTING IN OFFICIAL JOB
ROLES MAY RECEIVE PER DIEM COMPENSATION FROM THE OFFICE OF RAIL
SAFETY CREATED IN SECTION
40-20-311. MEMBERS OF THE COMMUNITY RAIL
SAFETY ADVISORY COMMIT TEE MAY BE REIMBURSED FOR EXPENSES
INCURRED WHILE PERFORMING THE MEMBERS
' DUTIES.
(4) A
N EMPLOYER SHALL NOT DISCRIMINATE , TAKE ADVERSE
ACTION
, OR RETALIATE AGAINST AN EMPLOYEE IN RESPONSE TO THE
EMPLOYEE
:
(a) S
ERVING IN GOOD FAITH ON THE COMMUNITY RAIL SAFETY
ADVISORY COMMITTEE
; OR
(b) RAISING A REASONABLE CONCERN ABOUT A POSSIBLE
WORKPLACE VIOLATION OF GOVERNMENT SAFETY RULES
, OR ABOUT AN
OTHERWISE SIGNIFICANT WORKPLACE THREAT TO SAFETY
, TO THE
PAGE 23-HOUSE BILL 24-1030 EMPLOYER, THE EMPLOYER'S AGENT, ANOTHER EMPLOYEE, A GOVERNMENT
AGENCY
, OR THE PUBLIC IF THE EMPLOYER CONTROLS THE WORKPLACE
CONDITIONS GIVING RISE TO THE ALLEGED VIOLATION OR THREAT
.
(5) T
HE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE IS
REPEALED
, EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE
COMMUNITY RAIL SAFETY ADVISORY COMMI TTEE IS SCHEDULED FOR REVIEW
IN ACCORDANCE WITH SECTION
2-3-1203.
40-20-313. Rail industry safety advisory committee -
membership - duties - rail safety plan - repeal. (1) T
HE RAIL INDUSTRY
SAFETY ADVISORY COMMITTEE IS CREATED
.
(2) (a) T
HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CONSISTS
OF THE FOLLOWING NINE MEMBERS
, EACH TO BE APPOINTED BY THE
GOVERNOR
:
(I) T
WO MEMBERS WHO REPRESENT OPERATORS OF CLASS I
RAILROADS OPERATING FREIGHT RAIL LINES ;
(II) O
NE MEMBER WHO REPRESENTS A CLASS II OR CLASS III
RAILROAD IN THE STATE;
(III) O
NE MEMBER WHO REPRESENTS A RAILROAD THAT OPERATES A
PASSENGER RAIL LINE
;
(IV) T
WO MEMBERS WHO REPRESENT FIRST RESPONDER
ORGANIZATIONS
; AND
(V) THREE MEMBERS WITH EXPERTISE CONCERNING RAIL SAFETY ,
RAIL OPERATIONS, EMERGENCY RESPONSE , OR TRANSPORTATION
REGULATION
.
(b) T
HE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS ON OR
BEFORE
AUGUST 1, 2024.
(c) T
HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE EACH SERVE TERMS OF THREE YEARS
; EXCEPT THAT:
(I) T
HE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
PAGE 24-HOUSE BILL 24-1030 COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(I) AND
(2)(a)(II) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF ONE
YEAR
; AND
(II) THE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS
(2)(a)(III)
and (2)(a)(IV)
OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF TWO
YEARS
.
(d) M
EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
SERVE AT THE PLEASURE OF THE GOVERNOR
.
(e) M
EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
MAY SERVE AN UNLIMITED NUMBER OF TERMS
.
(3) M
EMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
SERVE WITHOUT COMPENSATION BUT MUST BE REIMBURSED FROM MONEY IN
THE FUND FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THE MEMBERS
' DUTIES PURSUANT TO THIS SECTION.
(4) T
HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE IS REPEALED ,
EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE RAIL INDUSTRY
SAFETY ADVISORY COMMITTEE IS SCHEDUL ED FOR REVIEW IN ACCORDANCE
WITH SECTION
2-3-1203.
40-20-314. Enforcement. T
HE PUBLIC UTILITIES COMMISSION SHALL
CONDUCT PERIODIC COMPLIANCE REVIEWS TO ENSURE EACH RAILROAD IS IN
COMPLIANCE WITH THIS PART
3.
40-20-315. Severability. I
F ANY PROVISION OF THIS PART 3 OR THE
APPLICATION OF THIS PART
3 TO ANY PERSON OR CIRCUMSTANCE IS HELD
INVALID
, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS PART
3 THAT CAN BE GIVEN EFFECT WITHOUT THE
INVALID PROVISION OR APPLICATION
, AND TO THIS END THE PROVISIONS OF
THIS PART
3 ARE DECLARED TO BE SEVERABLE.
SECTION 2. In Colorado Revised Statutes, 2-3-1203, add
(25)(a)(VI) and (25)(a)(VII) as follows:
2-3-1203. Sunset review of advisory committees - legislative
PAGE 25-HOUSE BILL 24-1030 declaration - definition - repeal. (25) (a) The following statutory
authorizations for the designated advisory committees will repeal on
September 1, 2034:
(VI) T
HE COMMUNITY RAIL SAFETY ADVISORY COMMI TTEE CREATED
IN SECTION
40-20-312;
(VII) T
HE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED
IN SECTION
40-20-313.
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
$391,057 is appropriated to the department of regulatory agencies for use
by the public utilities commission. This appropriation is from the public
utilities commission fixed utility fund, created in section 40-2-114
(1)(b)(II), C.R.S. To implement this act, the commission may use this
appropriation as follows:
(a) $359,897 for personal services, which amount is based on an
assumption that the commission will require an additional 3.5 FTE; and
(b) $31,160 for operating expenses.
SECTION 4. Effective date. This act takes effect July 1, 2024.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 26-HOUSE BILL 24-1030 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 27-HOUSE BILL 24-1030