Colorado 2025 Regular Session

Colorado House Bill HB1110 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0320.01 Christopher McMichael x4775
1	8		HOUSE BILL 25-1110
2		-	BY REPRESENTATIVE(S) Winter T. and Duran, Bird, Clifford, Froelich,
3		-	Hamrick, Johnson, Lieder, Lindsay, Lukens, Mabrey, Mauro, Richardson,
4		-	Woodrow;
5		-	also SENATOR(S) Pelton B. and Rodriguez, Ball, Cutter, Exum, Jodeh, Kipp,
6		-	Michaelson Jenet, Pelton R., Sullivan, Wallace, Winter F., Coleman
7		-	.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Transportation & Energy
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING THE ALLOCATION OF COSTS TO MAINTAIN RAILROAD
10		-	CROSSINGS IN THE STATE
11		-	.
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, 40-4-106, add (5) and
14		-	(6) as follows:
15		-	40-4-106. Rules for public safety - crossings - civil fines -
	13	+	ONCERNING THE ALLOCATION OF COSTS TO MAINTAIN RAILROAD101
	14	+	CROSSINGS IN THE STATE.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill requires the public utilities commission (commission) to
	23	+	adopt rules requiring that, unless the applicable road authority is a local
	24	+	government, the total costs to maintain an existing railroad crossing (total
	25	+	costs) are shared equally between the railroad, railroad corporation, rail
	26	+	fixed guideway, transit agency, or owner of the track (railroad) and the
	27	+	applicable road authority. If the applicable road authority is a local
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 25, 2025
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	March 24, 2025
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 25, 2025
	37	+	HOUSE
	38	+	2nd Reading Unamended
	39	+	February 20, 2025
	40	+	HOUSE SPONSORSHIP
	41	+	Winter T. and Duran, Bird, Clifford, Froelich, Hamrick, Johnson, Lieder, Lindsay,
	42	+	Lukens, Mabrey, Mauro, Richardson, Woodrow
	43	+	SENATE SPONSORSHIP
	44	+	Pelton B. and Rodriguez, Ball, Coleman, Cutter, Exum, Jodeh, Kipp, Michaelson Jenet,
	45	+	Pelton R., Sullivan, Wallace, Winter F.
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. government, the commission must adopt rules that require the total costs
	49	+	to be apportioned as follows:
	50	+	! The railroad is responsible for the costs to maintain the
	51	+	portion of the existing railroad crossing that is between the
	52	+	ends of the railroad ties; and
	53	+	! The local government is responsible for the costs to
	54	+	maintain the portion of the existing railroad crossing that is
	55	+	outside of the ends of the railroad ties.
	56	+	Be it enacted by the General Assembly of the State of Colorado:1
	57	+	SECTION 1. In Colorado Revised Statutes, 40-4-106, add (5)2
	58	+	and (6) as follows:3
	59	+	40-4-106. Rules for public safety - crossings - civil fines -4
16	60		allocation of expenses - definitions. (5) N
17		-	OTWITHSTANDING ANY
18		-	PROVISION OF LAW TO THE CONTRARY
19		-	, THE COMMISSION SHALL ADOPT
20		-	RULES REQUIRING THAT
21		-	:
	61	+	OTWITHSTANDING ANY5
	62	+	PROVISION OF LAW TO THE CONTRARY , THE COMMISSION SHALL ADOPT6
	63	+	RULES REQUIRING THAT:7
22	64		(a) U
23		-	NLESS THE APPLICABLE ROAD AUTHORITY IS A LOCAL
24		-	GOVERNMENT
25		-	, THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ,
26		-	INCLUDING MATERIALS, LABOR, TRAFFIC CONTROL, RAILROAD FLAGGING,
27		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
28		-	officers and the Governor. To determine whether the Governor has signed the bill
29		-	or taken other action on it, please consult the legislative status sheet, the legislative
30		-	history, or the Session Laws.
31		-	________
32		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33		-	through words or numbers indicate deletions from existing law and such material is not part of
34		-	the act. AND ANY NECESSARY PERMITS , ARE SHARED EQUALLY BETWEEN :
	65	+	NLESS THE APPLICABLE ROAD AUTHORITY IS A LOCAL8
	66	+	GOVERNMENT, THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ,9
	67	+	INCLUDING MATERIALS, LABOR, TRAFFIC CONTROL, RAILROAD FLAGGING,10
	68	+	AND ANY NECESSARY PERMITS , ARE SHARED EQUALLY BETWEEN :11
35	69		(I) T
36		-	HE RAILROAD, RAILROAD CORPORATION, RAIL FIXED GUIDEWAY,
37		-	TRANSIT AGENCY, OR OWNER OF THE TRACK; AND
38		-	(II) THE ROAD AUTHORITY; AND
39		-	(b) IF THE APPLICABLE ROAD AUTHORITY IS A LOCAL GOVERNMENT ,
40		-	THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ARE APPORTIONED
41		-	AS FOLLOWS
42		-	:
	70	+	HE RAILROAD, RAILROAD CORPORATION , RAIL FIXED12
	71	+	GUIDEWAY, TRANSIT AGENCY, OR OWNER OF THE TRACK; AND13
	72	+	(II) T
	73	+	HE ROAD AUTHORITY; AND14
	74	+	(b) I
	75	+	F THE APPLICABLE ROAD AUTHORITY IS A LOCAL15
	76	+	GOVERNMENT, THE TOTAL COSTS TO MAINTAIN AN EXISTING CROSSING ARE16
	77	+	APPORTIONED AS FOLLOWS:17
43	78		(I) T
44		-	HE RAILROAD, RAILROAD CORPORATION, RAIL FIXED GUIDEWAY,
45		-	TRANSIT AGENCY, OR OWNER OF THE TRACK IS RESPONSIBLE FOR THE COSTS
46		-	TO MAINTAIN THE PORTION OF THE EXISTING CROSSING THAT IS BETWEEN
47		-	THE ENDS OF THE RAILROAD TIES
48		-	; AND
49		-	(II) THE LOCAL GOVERNMENT IS RESPONSIBLE FOR THE COSTS TO
50		-	MAINTAIN THE PORTION OF THE EXISTING CROSSING THAT IS OUTSIDE OF THE
51		-	ENDS OF THE RAILROAD TIES
52		-	.
	79	+	HE RAILROAD, RAILROAD CORPORATION , RAIL FIXED18
	80	+	GUIDEWAY, TRANSIT AGENCY, OR OWNER OF THE TRACK IS RESPONSIBLE19
	81	+	FOR THE COSTS TO MAINTAIN THE PORTION OF THE EXISTING CROSSING20
	82	+	THAT IS BETWEEN THE ENDS OF THE RAILROAD TIES ; AND21
	83	+	1110-2- (II) THE LOCAL GOVERNMENT IS RESPONSIBLE FOR THE COSTS TO1
	84	+	MAINTAIN THE PORTION OF THE EXISTING CROSSING THAT IS OUTSIDE OF2
	85	+	THE ENDS OF THE RAILROAD TIES.3
53	86		(6) A
54		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
55		-	REQUIRES
56		-	:
	87	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
	88	+	REQUIRES:5
57	89		(a) "C
58		-	ROSSING" MEANS A HIGHWAY-RAIL CROSSING OR A PATHWAY
59		-	CROSSING
60		-	.
	90	+	ROSSING" MEANS A HIGHWAY-RAIL CROSSING OR A PATHWAY6
	91	+	CROSSING.7
61	92		(b) "H
62		-	IGHWAY-RAIL CROSSING" HAS THE MEANING SET FORTH IN
63		-	SECTION
64		-	40-20-302 (11).
	93	+	IGHWAY-RAIL CROSSING" HAS THE MEANING SET FORTH IN8
	94	+	SECTION 40-20-302 (11).9
65	95		(c) (I) "M
66		-	AINTAIN" MEANS ACTIONS NECESSARY TO PRESERVE AN
67		-	EXISTING CROSSING AND TO KEEP THE CROSSING FROM A STATE OF DECLINE
68		-	OR DISREPAIR
69		-	.
	96	+	AINTAIN" MEANS ACTIONS NECESSARY TO PRESERVE AN10
	97	+	EXISTING CROSSING AND TO KEEP THE CROSSING FROM A STATE OF11
	98	+	DECLINE OR DISREPAIR.12
70	99		(II) "M
71		-	AINTAIN" DOES NOT INCLUDE THE INSTALLATION ,
72		-	RECONSTRUCTION, OR IMPROVEMENT AND OPERATION OF AN AUTOMATIC OR
73		-	OTHER SAFETY APPLIANCE SIGNAL OR DEVICE
74		-	, AS DESCRIBED IN SUBSECTION
75		-	(2)(b) OF THIS SECTION.
	100	+	AINTAIN" DOES NOT INCLUDE THE INSTALLATION ,13
	101	+	RECONSTRUCTION, OR IMPROVEMENT AND OPERATION OF AN AUTOMATIC14
	102	+	OR OTHER SAFETY APPLIANCE SIGNAL OR DEVICE , AS DESCRIBED IN15
	103	+	SUBSECTION (2)(b) OF THIS SECTION.16
76	104		(d) "P
77		-	ATHWAY CROSSING" HAS THE MEANING SET FORTH ~~IN SECTION~~
78		-	40-20-302 (16).
79		-	~~PAGE 2-HOUSE BILL 25-1110~~ (e) "~~RAIL FIXED GUIDEWAY" MEANS A PERSON POSSESSING RAIL~~
80		-	FIXED GUIDEWAY ~~SYSTEM FACILITIES BY OWNERSHIP OR LEASE~~
81		-	.
	105	+	ATHWAY CROSSING" HAS THE MEANING SET FORTH IN17
	106	+	SECTION 40-20-302 (16).18
	107	+	(e) "R
	108	+	AIL FIXED GUIDEWAY" MEANS A PERSON POSSESSING RAIL19
	109	+	FIXED GUIDEWAY SYSTEM FACILITIES BY OWNERSHIP OR LEASE .20
82	110		(f) (I) "R
83		-	AIL FIXED GUIDEWAY SYSTEM " HAS THE MEANING SET
84		-	FORTH IN SECTION
85		-	40-18-101 (3).
	111	+	AIL FIXED GUIDEWAY SYSTEM " HAS THE MEANING SET21
	112	+	FORTH IN SECTION 40-18-101 (3).22
86	113		(II) "R
87		-	AIL FIXED GUIDEWAY SYSTEM" INCLUDES STREET RAILROADS,
88		-	STREET RAILWAYS, AND ELECTRIC RAILROADS, AS THOSE TERMS ARE USED
89		-	IN ARTICLE
90		-	24 OF THIS TITLE 40.
	114	+	AIL FIXED GUIDEWAY SYSTEM " INCLUDES STREET23
	115	+	RAILROADS, STREET RAILWAYS, AND ELECTRIC RAILROADS, AS THOSE24
	116	+	TERMS ARE USED IN ARTICLE 24 OF THIS TITLE 40.25
91	117		(g) (I) "R
92		-	AILROAD" MEANS EITHER OF THE FOLLOWING , AS THE
93		-	CONTEXT MAY REQUIRE
94		-	:
95		-	(A) F
96		-	ACILITIES, INCLUDING: TRACKS; TRACK ROADS; BRIDGES USED
97		-	OR OPERATED IN CONNECTION WITH THE TRACKS OR TRACK ROADS
98		-	;
99		-	SWITCHES; SPURS; AND TERMINAL FACILITIES, FREIGHT DEPOTS, YARDS, AND
100		-	GROUNDS
101		-	, INCLUDING RIGHTS-OF-WAY, USED OR NECESSARY FOR THE
102		-	TRANSPORTATION OF PASSENGERS OR PROPERTY
103		-	; OR
104		-	(B) A PERSON POSSESSING THE FACILITIES DESCRIBED IN SUBSECTION
105		-	(6)(g)(I)(A) OF THIS SECTION BY OWNERSHIP OR LEASE.
	118	+	AILROAD" MEANS EITHER OF THE FOLLOWING , AS THE26
	119	+	CONTEXT MAY REQUIRE:27
	120	+	1110
	121	+	-3- (A) FACILITIES, INCLUDING: TRACKS; TRACK ROADS; BRIDGES1
	122	+	USED OR OPERATED IN CONNECTION WITH THE TRACKS OR TRACK ROADS ;2
	123	+	SWITCHES; SPURS; AND TERMINAL FACILITIES, FREIGHT DEPOTS, YARDS,3
	124	+	AND GROUNDS, INCLUDING RIGHTS-OF-WAY, USED OR NECESSARY FOR THE4
	125	+	TRANSPORTATION OF PASSENGERS OR PROPERTY ; OR5
	126	+	(B) A
	127	+	PERSON POSSESSING THE FACILITIES DESCRIBED IN6
	128	+	SUBSECTION (6)(g)(I)(A) OF THIS SECTION BY OWNERSHIP OR LEASE.7
106	129		(II) "R
107		-	AILROAD" DOES NOT INCLUDE RAIL FIXED GUIDEWAYS OR RAIL
108		-	FIXED GUIDEWAY SYSTEMS
109		-	.
	130	+	AILROAD" DOES NOT INCLUDE RAIL FIXED GUIDEWAYS OR8
	131	+	RAIL FIXED GUIDEWAY SYSTEMS.9
110	132		(h) "R
111		-	AILROAD CORPORATION " MEANS FIVE OR MORE PERSONS
112		-	ASSOCIATING TO FORM A COMPANY FOR THE PURPOSE OF CONSTRUCTING
113		-	AND OPERATING A RAILROAD IN ACCORDANCE WITH SECTION
114		-	40-20-101.
	133	+	AILROAD CORPORATION" MEANS FIVE OR MORE PERSONS10
	134	+	ASSOCIATING TO FORM A COMPANY FOR THE PURPOSE OF CONSTRUCTING11
	135	+	AND OPERATING A RAILROAD IN ACCORDANCE WITH SECTION 40-20-101.12
115	136		(i) "R
116		-	OAD AUTHORITY" MEANS A MUNICIPALITY, COUNTY, STATE
117		-	AGENCY
118		-	, FEDERAL AGENCY , OR OTHER GOVERNMENTAL OR
119		-	QUASI
120		-	-GOVERNMENTAL ENTITY THAT OWNS OR MAINTAINS THE PUBLIC
121		-	HIGHWAY AT A HIGHWAY
122		-	-RAIL CROSSING OR THE PUBLIC PATHWAY AT A
123		-	PATHWAY CROSSING
124		-	.
	137	+	OAD AUTHORITY" MEANS A MUNICIPALITY, COUNTY, STATE13
	138	+	AGENCY, FEDERAL AGENCY , OR OTHER GOVERNMENTAL OR14
	139	+	QUASI-GOVERNMENTAL ENTITY THAT OWNS OR MAINTAINS THE PUBLIC15
	140	+	HIGHWAY AT A HIGHWAY -RAIL CROSSING OR THE PUBLIC PATHWAY AT A16
	141	+	PATHWAY CROSSING.17
125	142		(j) "T
126		-	RANSIT AGENCY" HAS THE MEANING SET FORTH IN SECTION
127		-	40-18-101 (6).
128		-	SECTION 2. Act subject to petition - effective date -
129		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
130		-	PAGE 3-HOUSE BILL 25-1110 the expiration of the ninety-day period after final adjournment of the
131		-	general assembly; except that, if a referendum petition is filed pursuant to
132		-	section 1 (3) of article V of the state constitution against this act or an item,
133		-	section, or part of this act within such period, then the act, item, section, or
134		-	part will not take effect unless approved by the people at the general
135		-	election to be held in November 2026 and, in such case, will take effect on
136		-	the date of the official declaration of the vote thereon by the governor.
137		-	PAGE 4-HOUSE BILL 25-1110 (2) This act applies to costs accrued on or after the effective date of
138		-	this act unless the costs accrue pursuant to an agreement entered into by the
139		-	parties before the effective date of this act, which agreement provides for
140		-	the distribution of the costs to be shared between the parties.
141		-	____________________________ ____________________________
142		-	Julie McCluskie James Rashad Coleman, Sr.
143		-	SPEAKER OF THE HOUSE PRESIDENT OF
144		-	OF REPRESENTATIVES THE SENATE
145		-	____________________________ ____________________________
146		-	Vanessa Reilly Esther van Mourik
147		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
148		-	OF REPRESENTATIVES THE SENATE
149		-	APPROVED________________________________________
150		-	(Date and Time)
151		-	_________________________________________
152		-	Jared S. Polis
153		-	GOVERNOR OF THE STATE OF COLORADO
154		-	PAGE 5-HOUSE BILL 25-1110
	143	+	RANSIT AGENCY" HAS THE MEANING SET FORTH IN SECTION18
	144	+	40-18-101
	145	+	(6).19
	146	+	SECTION 2. Act subject to petition - effective date -20
	147	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following21
	148	+	the expiration of the ninety-day period after final adjournment of the22
	149	+	general assembly; except that, if a referendum petition is filed pursuant23
	150	+	to section 1 (3) of article V of the state constitution against this act or an24
	151	+	item, section, or part of this act within such period, then the act, item,25
	152	+	section, or part will not take effect unless approved by the people at the26
	153	+	general election to be held in November 2026 and, in such case, will take27
	154	+	1110
	155	+	-4- effect on the date of the official declaration of the vote thereon by the1
	156	+	governor.2
	157	+	(2) This act applies to costs accrued on or after the effective date3
	158	+	of this act unless the costs accrue pursuant to an agreement entered into4
	159	+	by the parties before the effective date of this act, which agreement5
	160	+	provides for the distribution of the costs to be shared between the parties.6
	161	+	1110
	162	+	-5-