First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0320.01 Christopher McMichael x4775
HOUSE BILL 25-1110
House Committees Senate Committees
Transportation, Housing & Local Government Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING THE ALLOCATION OF COSTS TO MAINTAIN RAILROAD101
CROSSINGS IN THE STATE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the public utilities commission (commission) to
adopt rules requiring that, unless the applicable road authority is a local
government, the total costs to maintain an existing railroad crossing (total
costs) are shared equally between the railroad, railroad corporation, rail
fixed guideway, transit agency, or owner of the track (railroad) and the
applicable road authority. If the applicable road authority is a local
SENATE
3rd Reading Unamended
March 25, 2025
SENATE
2nd Reading Unamended
March 24, 2025
HOUSE
3rd Reading Unamended
February 25, 2025
HOUSE
2nd Reading Unamended
February 20, 2025
HOUSE SPONSORSHIP
Winter T. and Duran, Bird, Clifford, Froelich, Hamrick, Johnson, Lieder, Lindsay,
Lukens, Mabrey, Mauro, Richardson, Woodrow
SENATE SPONSORSHIP
Pelton B. and Rodriguez, Ball, Coleman, Cutter, Exum, Jodeh, Kipp, Michaelson Jenet,
Pelton R., Sullivan, Wallace, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. government, the commission must adopt rules that require the total costs
to be apportioned as follows:
! The railroad is responsible for the costs to maintain the
portion of the existing railroad crossing that is between the
ends of the railroad ties; and
! The local government is responsible for the costs to
maintain the portion of the existing railroad crossing that is
outside of the ends of the railroad ties.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 40-4-106, add (5)2
and (6) as follows:3
40-4-106. Rules for public safety - crossings - civil fines -4
allocation of expenses - definitions. (5) N
OTWITHSTANDING ANY5
PROVISION OF LAW TO THE CONTRARY , THE COMMISSION SHALL ADOPT6
RULES REQUIRING THAT:7
(a) U
NLESS THE APPLICABLE ROAD AUTHORITY IS A LOCAL8
GOVERNMENT, THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ,9
INCLUDING MATERIALS, LABOR, TRAFFIC CONTROL, RAILROAD FLAGGING,10
AND ANY NECESSARY PERMITS , ARE SHARED EQUALLY BETWEEN :11
(I) T
HE RAILROAD, RAILROAD CORPORATION , RAIL FIXED12
GUIDEWAY, TRANSIT AGENCY, OR OWNER OF THE TRACK; AND13
(II) T
HE ROAD AUTHORITY; AND14
(b) I
F THE APPLICABLE ROAD AUTHORITY IS A LOCAL15
GOVERNMENT, THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ARE16
APPORTIONED AS FOLLOWS:17
(I) T
HE RAILROAD, RAILROAD CORPORATION , RAIL FIXED18
GUIDEWAY, TRANSIT AGENCY, OR OWNER OF THE TRACK IS RESPONSIBLE19
FOR THE COSTS TO MAINTAIN THE PORTION OF THE EXISTING CROSSING20
THAT IS BETWEEN THE ENDS OF THE RAILROAD TIES ; AND21
1110-2- (II) THE LOCAL GOVERNMENT IS RESPONSIBLE FOR THE COSTS TO1
MAINTAIN THE PORTION OF THE EXISTING CROSSING THAT IS OUTSIDE OF2
THE ENDS OF THE RAILROAD TIES.3
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES:5
(a) "C
ROSSING" MEANS A HIGHWAY-RAIL CROSSING OR A PATHWAY6
CROSSING.7
(b) "H
IGHWAY-RAIL CROSSING" HAS THE MEANING SET FORTH IN8
SECTION 40-20-302 (11).9
(c) (I) "M
AINTAIN" MEANS ACTIONS NECESSARY TO PRESERVE AN10
EXISTING CROSSING AND TO KEEP THE CROSSING FROM A STATE OF11
DECLINE OR DISREPAIR.12
(II) "M
AINTAIN" DOES NOT INCLUDE THE INSTALLATION ,13
RECONSTRUCTION, OR IMPROVEMENT AND OPERATION OF AN AUTOMATIC14
OR OTHER SAFETY APPLIANCE SIGNAL OR DEVICE , AS DESCRIBED IN15
SUBSECTION (2)(b) OF THIS SECTION.16
(d) "P
ATHWAY CROSSING" HAS THE MEANING SET FORTH IN17
SECTION 40-20-302 (16).18
(e) "R
AIL FIXED GUIDEWAY" MEANS A PERSON POSSESSING RAIL19
FIXED GUIDEWAY SYSTEM FACILITIES BY OWNERSHIP OR LEASE .20
(f) (I) "R
AIL FIXED GUIDEWAY SYSTEM " HAS THE MEANING SET21
FORTH IN SECTION 40-18-101 (3).22
(II) "R
AIL FIXED GUIDEWAY SYSTEM " INCLUDES STREET23
RAILROADS, STREET RAILWAYS, AND ELECTRIC RAILROADS, AS THOSE24
TERMS ARE USED IN ARTICLE 24 OF THIS TITLE 40.25
(g) (I) "R
AILROAD" MEANS EITHER OF THE FOLLOWING , AS THE26
CONTEXT MAY REQUIRE:27
1110
-3- (A) FACILITIES, INCLUDING: TRACKS; TRACK ROADS; BRIDGES1
USED OR OPERATED IN CONNECTION WITH THE TRACKS OR TRACK ROADS ;2
SWITCHES; SPURS; AND TERMINAL FACILITIES, FREIGHT DEPOTS, YARDS,3
AND GROUNDS, INCLUDING RIGHTS-OF-WAY, USED OR NECESSARY FOR THE4
TRANSPORTATION OF PASSENGERS OR PROPERTY ; OR5
(B) A
PERSON POSSESSING THE FACILITIES DESCRIBED IN6
SUBSECTION (6)(g)(I)(A) OF THIS SECTION BY OWNERSHIP OR LEASE.7
(II) "R
AILROAD" DOES NOT INCLUDE RAIL FIXED GUIDEWAYS OR8
RAIL FIXED GUIDEWAY SYSTEMS.9
(h) "R
AILROAD CORPORATION" MEANS FIVE OR MORE PERSONS10
ASSOCIATING TO FORM A COMPANY FOR THE PURPOSE OF CONSTRUCTING11
AND OPERATING A RAILROAD IN ACCORDANCE WITH SECTION 40-20-101.12
(i) "R
OAD AUTHORITY" MEANS A MUNICIPALITY, COUNTY, STATE13
AGENCY, FEDERAL AGENCY , OR OTHER GOVERNMENTAL OR14
QUASI-GOVERNMENTAL ENTITY THAT OWNS OR MAINTAINS THE PUBLIC15
HIGHWAY AT A HIGHWAY -RAIL CROSSING OR THE PUBLIC PATHWAY AT A16
PATHWAY CROSSING.17
(j) "T
RANSIT AGENCY" HAS THE MEANING SET FORTH IN SECTION18
40-18-101
(6).19
SECTION 2. Act subject to petition - effective date -20
applicability. (1) This act takes effect at 12:01 a.m. on the day following21
the expiration of the ninety-day period after final adjournment of the22
general assembly; except that, if a referendum petition is filed pursuant23
to section 1 (3) of article V of the state constitution against this act or an24
item, section, or part of this act within such period, then the act, item,25
section, or part will not take effect unless approved by the people at the26
general election to be held in November 2026 and, in such case, will take27
1110
-4- effect on the date of the official declaration of the vote thereon by the1
governor.2
(2) This act applies to costs accrued on or after the effective date3
of this act unless the costs accrue pursuant to an agreement entered into4
by the parties before the effective date of this act, which agreement5
provides for the distribution of the costs to be shared between the parties.6
1110
-5-