HOUSE BILL 25-1110
BY REPRESENTATIVE(S) Winter T. and Duran, Bird, Clifford, Froelich,
Hamrick, Johnson, Lieder, Lindsay, Lukens, Mabrey, Mauro, Richardson,
Woodrow;
also SENATOR(S) Pelton B. and Rodriguez, Ball, Cutter, Exum, Jodeh, Kipp,
Michaelson Jenet, Pelton R., Sullivan, Wallace, Winter F., Coleman
.
C
ONCERNING THE ALLOCATION OF COSTS TO MAINTAIN RAILROAD
CROSSINGS IN THE STATE
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 40-4-106, add (5) and
(6) as follows:
40-4-106. Rules for public safety - crossings - civil fines -
allocation of expenses - definitions. (5) N
OTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY
, THE COMMISSION SHALL ADOPT
RULES REQUIRING THAT
:
(a) U
NLESS THE APPLICABLE ROAD AUTHORITY IS A LOCAL
GOVERNMENT
, THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ,
INCLUDING MATERIALS, LABOR, TRAFFIC CONTROL, RAILROAD FLAGGING,
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. AND ANY NECESSARY PERMITS , ARE SHARED EQUALLY BETWEEN :
(I) T
HE RAILROAD, RAILROAD CORPORATION, RAIL FIXED GUIDEWAY,
TRANSIT AGENCY, OR OWNER OF THE TRACK; AND
(II) THE ROAD AUTHORITY; AND
(b) IF THE APPLICABLE ROAD AUTHORITY IS A LOCAL GOVERNMENT ,
THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ARE APPORTIONED
AS FOLLOWS
:
(I) T
HE RAILROAD, RAILROAD CORPORATION, RAIL FIXED GUIDEWAY,
TRANSIT AGENCY, OR OWNER OF THE TRACK IS RESPONSIBLE FOR THE COSTS
TO MAINTAIN THE PORTION OF THE EXISTING CROSSING THAT IS BETWEEN
THE ENDS OF THE RAILROAD TIES
; AND
(II) THE LOCAL GOVERNMENT IS RESPONSIBLE FOR THE COSTS TO
MAINTAIN THE PORTION OF THE EXISTING CROSSING THAT IS OUTSIDE OF THE
ENDS OF THE RAILROAD TIES
.
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
ROSSING" MEANS A HIGHWAY-RAIL CROSSING OR A PATHWAY
CROSSING
.
(b) "H
IGHWAY-RAIL CROSSING" HAS THE MEANING SET FORTH IN
SECTION
40-20-302 (11).
(c) (I) "M
AINTAIN" MEANS ACTIONS NECESSARY TO PRESERVE AN
EXISTING CROSSING AND TO KEEP THE CROSSING FROM A STATE OF DECLINE
OR DISREPAIR
.
(II) "M
AINTAIN" DOES NOT INCLUDE THE INSTALLATION ,
RECONSTRUCTION, OR IMPROVEMENT AND OPERATION OF AN AUTOMATIC OR
OTHER SAFETY APPLIANCE SIGNAL OR DEVICE
, AS DESCRIBED IN SUBSECTION
(2)(b) OF THIS SECTION.
(d) "P
ATHWAY CROSSING" HAS THE MEANING SET FORTH IN SECTION
40-20-302 (16).
PAGE 2-HOUSE BILL 25-1110 (e) "RAIL FIXED GUIDEWAY" MEANS A PERSON POSSESSING RAIL
FIXED GUIDEWAY SYSTEM FACILITIES BY OWNERSHIP OR LEASE
.
(f) (I) "R
AIL FIXED GUIDEWAY SYSTEM " HAS THE MEANING SET
FORTH IN SECTION
40-18-101 (3).
(II) "R
AIL FIXED GUIDEWAY SYSTEM" INCLUDES STREET RAILROADS,
STREET RAILWAYS, AND ELECTRIC RAILROADS, AS THOSE TERMS ARE USED
IN ARTICLE
24 OF THIS TITLE 40.
(g) (I) "R
AILROAD" MEANS EITHER OF THE FOLLOWING , AS THE
CONTEXT MAY REQUIRE
:
(A) F
ACILITIES, INCLUDING: TRACKS; TRACK ROADS; BRIDGES USED
OR OPERATED IN CONNECTION WITH THE TRACKS OR TRACK ROADS
;
SWITCHES; SPURS; AND TERMINAL FACILITIES, FREIGHT DEPOTS, YARDS, AND
GROUNDS
, INCLUDING RIGHTS-OF-WAY, USED OR NECESSARY FOR THE
TRANSPORTATION OF PASSENGERS OR PROPERTY
; OR
(B) A PERSON POSSESSING THE FACILITIES DESCRIBED IN SUBSECTION
(6)(g)(I)(A) OF THIS SECTION BY OWNERSHIP OR LEASE.
(II) "R
AILROAD" DOES NOT INCLUDE RAIL FIXED GUIDEWAYS OR RAIL
FIXED GUIDEWAY SYSTEMS
.
(h) "R
AILROAD CORPORATION " MEANS FIVE OR MORE PERSONS
ASSOCIATING TO FORM A COMPANY FOR THE PURPOSE OF CONSTRUCTING
AND OPERATING A RAILROAD IN ACCORDANCE WITH SECTION
40-20-101.
(i) "R
OAD AUTHORITY" MEANS A MUNICIPALITY, COUNTY, STATE
AGENCY
, FEDERAL AGENCY , OR OTHER GOVERNMENTAL OR
QUASI
-GOVERNMENTAL ENTITY THAT OWNS OR MAINTAINS THE PUBLIC
HIGHWAY AT A HIGHWAY
-RAIL CROSSING OR THE PUBLIC PATHWAY AT A
PATHWAY CROSSING
.
(j) "T
RANSIT AGENCY" HAS THE MEANING SET FORTH IN SECTION
40-18-101 (6).
SECTION 2. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
PAGE 3-HOUSE BILL 25-1110 the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2026 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 4-HOUSE BILL 25-1110 (2) This act applies to costs accrued on or after the effective date of
this act unless the costs accrue pursuant to an agreement entered into by the
parties before the effective date of this act, which agreement provides for
the distribution of the costs to be shared between the parties.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
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 5-HOUSE BILL 25-1110