Colorado 2025 Regular Session

Colorado Senate Bill SB162 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0172.01 Josh Schultz x5486
8	8		SENATE BILL 25-162
9	9		Senate Committees House Committees
10	10		Transportation & Energy
11	11		Appropriations
12	12		A BILL FOR AN ACT
13	13		C
14	14		ONCERNING MEASURES TO INCREASE RAILROAD SAFETY .101
15	15		Bill Summary
16	16		(Note: This summary applies to this bill as introduced and does
17	17		not reflect any amendments that may be subsequently adopted. If this bill
18	18		passes third reading in the house of introduction, a bill summary that
19	19		applies to the reengrossed version of this bill will be available at
20	20		http://leg.colorado.gov
21	21		.)
22	22		The bill requires that, immediately after a railroad notifies the
23	23		state's watch center in the department of public safety (watch center) of
24	24		an emergency involving a train, the watch center must notify the public
25	25		utilities commission (commission) and the office of rail safety (office) of
26	26		the incident. The commission is required to submit a report to specified
27	27		committees of the general assembly on the information reported by
28	28		railroads regarding an emergency involving a train.
29	29		A crew member of a train operated by a railroad may communicate
30	30		SENATE
31		-	3rd Reading Unamended
32		-	April 23, 2025
33		-	SENATE
34	31		Amended 2nd Reading
35	32		April 22, 2025
36	33		SENATE SPONSORSHIP
37		-	Cutter and Snyder, Amabile, Ball, Bridges, Danielson, Daugherty, Exum, Gonzales J.,
38		-	Jodeh, Kipp, Kolker, Marchman, Michaelson Jenet, Mullica, Roberts, Rodriguez, Sullivan,
39		-	Wallace, Weissman, Winter F.
	34	+	Cutter and Snyder,
40	35		HOUSE SPONSORSHIP
41	36		Mabrey and Velasco, Lieder
42	37		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43	38		Capital letters or bold & italic numbers indicate new material to be added to existing law.
44	39		Dashes through the words or numbers indicate deletions from existing law. with first responders during an emergency situation after notifying the
45	40		railroad dispatch. A crew member has discretion in determining the
46	41		appropriate response to the emergency situation, including cutting the
47	42		railroad crossing. A railroad or a crew member is immune from civil
48	43		liability and is not liable in civil damages for actions taken in good faith
49	44		in the course of a response to an emergency situation involving a train.
50	45		The bill eliminates the shared authority that the commission, the
51	46		department of public safety, and the department of transportation had to
52	47		inspect and investigate railroads and grants the commission alone the
53	48		authority to inspect, investigate, and regulate the following railroads:
54	49		! A class I railroad;
55	50		! A railroad operating any line that was used by class I
56	51		railroads as of July 1, 2024; and
57	52		! A passenger railroad.
58	53		The bill requires the office to gather, analyze, and assess
59	54		information, including:
60	55		! Data to create a more comprehensive understanding of
61	56		railroad safety;
62	57		! An assessment of the state's ability to respond to a
63	58		large-scale release of hazardous materials from railroad
64	59		transportation;
65	60		! The best practices for ensuring financial responsibility for
66	61		response, cleanup, and damages from major rail events,
67	62		including reviewing best practices from other states; and
68	63		! Communication issues impacting railroad lines in the state.
69	64		A railroad regulated by the commission is required to pay a fee to
70	65		cover the costs incurred by the commission and the office in relation to
71	66		the bill. The commission shall determine a methodology for calculating
72	67		the fee by rule, but the commission must include specified criteria in the
73	68		calculation. A railroad regulated by the commission must pay the fee in
74	69		equal quarterly installments and is subject to penalties and interest if they
75	70		fail to timely pay the fee.
76	71		Be it enacted by the General Assembly of the State of Colorado:1
77	72		SECTION 1. Legislative declaration. (1) The general assembly2
78	73		finds that:3
79	74		(a) The safety and efficiency of Colorado's rail infrastructure is4
80	75		critical to protecting public health, ensuring environmental sustainability,5
81	76		and supporting economic vitality;6
82	77		(b) Railroad transportation is a critical component of Colorado's7
83	78		162-2- economy and provides efficient and cost-effective movement of goods1
84	79		across the state and beyond;2
85	80		(c) Colorado's fragile ecosystems, weather extremes, extensive3
86	81		number of hard-to-maintain and difficult-to-access railroad track miles,4
87	82		and number of communities through which railroads operate necessitate5
88	83		a state office of rail safety;6
89	84		(d) The office of rail safety needs the authority and resources to7
90	85		address all railroad safety disciplines, including crossings, track, signal8
91	86		and train control, motive power and equipment, operating practices,9
92	87		compliance, and hazardous materials; 10
93	88		(e) The establishment of the office of rail safety in the public11
94	89		utilities commission provides a dedicated, state-led approach to rail12
95	90		inspection, enforcement, and risk mitigation. By securing funding for the13
96	91		office, Colorado will be in line with 30 other states across the country that14
97	92		have rail safety programs and will enhance its ability to conduct safety15
98	93		inspections, enforce rail regulations, and coordinate with federal and local16
99	94		partners to prevent accidents and respond effectively to rail-related17
100	95		incidents. Reducing the risk of accidents, derailments, and other incidents18
101	96		associated with railroad transportation lowers costs, improves efficiency,19
102	97		and reduces liability for railroad companies;20
103	98		(f) Railroads should not face multiple fee structures to support rail21
104	99		safety. A new office of rail safety fund should provide a single funding22
105	100		source for the office of rail safety and the regulation of highway-rail23
106	101		grade crossing safety for subject railroads.24
107	102		(2) Therefore, the general assembly declares that Colorado must25
108	103		fund the office of rail safety to fulfill its mandate of ensuring that rail26
109	104		operations in Colorado meet the highest standards of safety and27
110	105		162
111	106		-3- reliability.1
112	107		SECTION 2. In Colorado Revised Statutes, 40-20-302, amend2
113	108		(9); and add (5.5), (8.5), and (23.5) as follows:3
114	109		40-20-302. Definitions - repeal. As used in this part 3, unless the4
115	110		context otherwise requires:5
116	111		(5.5) "C
117	112		ORRECTIVE ACTION" MEANS AN ACTIVITY CONDUCTED TO6
118	113		ENSURE THAT A RAILROAD TRACK , A CAR, A LOCOMOTIVE, CROSSING7
119	114		EQUIPMENT, SIGNAL EQUIPMENT, OR OTHER FACILITY OF A RAILROAD IS IN8
120	115		GOOD CONDITION AND THAT A TRAIN RUNS SAFELY AND SMOOTHLY .9
121	116		(8.5) "E
122	117		NVIRONMENTALLY CRITICAL AREA " MEANS AN AREA OR10
123	118		FEATURE THAT IS OF SIGNIFICANT ECOLOGICAL VALUE , INCLUDING A:11
124	119		(a) S
125	120		TREAM CORRIDOR;12
126	121		(b) H
127	122		EADWATER;13
128	123		(c) W
129	124		ETLAND;14
130	125		(d) F
131	126		EDERAL, STATE, OR LOCALLY DESIGNATED PUBLIC LAND OR15
132	127		NATURAL AREA SITE;16
133	128		(e) N
134	129		ATURAL HERITAGE PRIORITY SITE;17
135	130		(f) H
136	131		ABITAT OF ENDANGERED OR THREATENED SPECIES ;18
137	132		(g) L
138	133		ARGE AREA OF A CONTIGUOUS OPEN SPACE OR FOREST ;19
139	134		(h) S
140	135		TEEP SLOPE;20
141	136		(i) G
142	137		EOLOGICAL HERITAGE SITE; OR21
143	138		(j) G
144	139		ROUNDWATER RECHARGE AREA .22
145	140		(9) (a) "Fund" means the rail district maintenance and safety fund
146	141		23
147	142		created in section 40-20-309.24
148	143		(b) T
149	144		HIS SUBSECTION (9) IS REPEALED, EFFECTIVE JULY 1, 2025.
150	145		25
151	146		(23.5) "V
152	147		ULNERABLE ENVIRONMENTAL CORRIDOR " MEANS A26
153	148		CONTINUOUS SYSTEM OF OPEN SPACE THAT SERVES AS A KEY LINKAGE27
154	149		162
155	150		-4- POINT FOR HABITAT AND SPECIES, INCLUDING WILDLIFE OR ECOLOGICAL1
156	151		CORRIDORS.2
157	152		SECTION 3. In Colorado Revised Statutes, 40-20-306, amend3
158	153		(1) introductory portion and (4); and add (5) and (6) as follows:4
159	154		40-20-306. Emergency notifications - accident response -5
160	155		immunity from civil liability - report. (1) Within thirty minutes after6
161	156		discovering an emergency involving a train, unless communication is7
162	157		impossible, the railroad operating the train shall notify the state's watch8
163	158		center
164	159		IN THE DEPARTMENT OF PUBLIC SAFETY of the emergency by9
165	160		telephone or another agreed-upon method of communication to ensure10
166	161		that authorities can respond swiftly and appropriately. Emergency11
167	162		conditions that require a railroad to provide such notice include:12
168	163		(4) (a) A railroad that provides a notification described in
169	164		13
170	165		subsection (1) of this section shall also notify the community rail safety14
171	166		advisory committee and the rail industry safety advisory committee of the15
172	167		incident within thirty days after providing the notification described in16
173	168		subsection (1) of this section IMMEDIATELY AFTER RECEIVING THE17
174	169		EMERGENCY NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS18
175	170		SECTION, THE STATE'S WATCH CENTER IN THE DEPARTMENT OF PUBLIC19
176	171		SAFETY SHALL NOTIFY THE COMMISSION AND THE OFFICE OF RAIL SAFETY20
177	172		OF THE INCIDENT. THE NOTIFICATION MUST INCLUDE THE INFORMATION21
178	173		LISTED IN SUBSECTION (2) OF THIS SECTION.22
179	174		(b) W
180	175		ITHIN THIRTY DAYS AFTER RECEIVING THE EMERGENCY23
181	176		NOTIFICATION DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION, THE24
182	177		OFFICE OF RAIL SAFETY SHALL NOTIFY THE COMMUNITY RAIL SAFETY25
183	178		ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY26
184	179		COMMITTEE OF THE INCIDENT . THE NOTIFICATION MUST INCLUDE THE27
185	180		162
186	181		-5- INFORMATION LISTED IN SUBSECTION (2) OF THIS SECTION.1
187	182		(5) (a) S
188	183		UBJECT TO FEDERAL REGULATIONS AND THE MOST RECENT
189	184		2
190	185		EDITION OF THE "GENERAL CODE OF OPERATING RULES" PUBLISHED BY3
191	186		THE GENERAL CODE OF OPERATING RULES COMMITTEE , A CREW MEMBER4
192	187		OF A TRAIN OPERATED BY A RAILROAD MAY COMMUNICATE WITH FIRST5
193	188		RESPONDERS DURING AN EMERGENCY SITUATION AFTER NOTIFYING THE6
194	189		RAILROAD DISPATCH. A CREW MEMBER HAS DISCRETION IN DETERMINING7
195	190		THE APPROPRIATE RESPONSE TO THE EMERGENCY SITUATION , INCLUDING8
196	191		CUTTING THE CROSSING.9
197	192		(b) A
198	193		RAILROAD EMPLOYEE OR A CREW MEMBER OF A TRAIN10
199	194		OPERATED BY A RAILROAD IS IMMUNE FROM CIVIL LIABILITY AND IS NOT11
200	195		LIABLE IN CIVIL DAMAGES FOR ACTIONS TAKEN IN GOOD FAITH IN THE12
201	196		COURSE OF A RESPONSE TO AN EMERGENCY SITUATION PURSUANT TO13
202	197		SUBSECTION (5)(a) OF THIS SECTION.14
203	198		(6) (a) O
204	199		N OR BEFORE FEBRUARY 1, 2026, AND ON OR BEFORE15
205	200		F
206	201		EBRUARY 1 OF EACH YEAR THEREAFTER , THE COMMISSION SHALL16
207	202		PROVIDE A REPORT TO THE TRANSPORTATION , HOUSING, AND LOCAL17
208	203		GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE18
209	204		TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE , OR THEIR19
210	205		SUCCESSOR COMMITTEES, CONTAINING THE DETAILS OF THE INFORMATION20
211	206		REPORTED PURSUANT TO SUBSECTION (2) OF THIS SECTION.21
212	207		(b) N
213	208		OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE22
214	209		REPORTING REQUIREMENT DESCRIBED IN SUBSECTION (6)(a) OF THIS23
215	210		SECTION CONTINUES INDEFINITELY.24
216	211		SECTION 4. In Colorado Revised Statutes, 40-20-308, amend
217	212		25
218	213		(3) as follows:26
219	214		40-20-308. Violations - penalties - rules. (3) The public utilities27
220	215		162
221	216		-6- commission shall transfer all fines collected pursuant to subsections (1)1
222	217		and (2) of this section to the state treasurer, who shall credit the fines to2
223	218		the
224	219		STATE HIGHWAY fund CREATED IN SECTION 43-1-219.
225	220		3
226	221		SECTION 5. In Colorado Revised Statutes, 40-20-309, add (4)4
227	222		and (5) as follows:5
228	223		40-20-309. Rail district maintenance and safety fund - created6
229	224		- repeal. (4) T
230	225		HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED
231	226		7
232	227		AND UNENCUMBERED MONEY IN THE F UND ON JUNE 30, 2025, TO THE8
233	228		STATE HIGHWAY FUND CREATED IN SECTION 43-1-219.9
234	229		(5) T
235	230		HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
236	231		10
237	232		SECTION 6. In Colorado Revised Statutes, add 40-20-309.5 as11
238	233		follows:12
239	234		40-20-309.5. Penalties collected and credited to the state13
240	235		highway fund - expenditure. (1) M
241	236		ONEY CREDITED OR TRANSFERRED
242	237		14
243	238		TO THE STATE HIGHWAY FUND PURSUANT TO SECTIONS 40-20-308 (3) AND15
244	239		40-20-309
245	240		(4) MUST BE EXPENDED BY THE TRANSIT AND RAIL DIVISION IN
246	241		16
247	242		THE DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF :17
248	243		(a) S
249	244		AFETY PLANNING AND DEVELOPMENT DURING THE RESEARCH ,
250	245		18
251	246		DEVELOPMENT, AND CONSTRUCTION OF A PASSENGER RAIL SYSTEM ;19
252	247		(b) P
253	248		LANNING, DESIGN, CONSTRUCTION, OR MAINTENANCE AND
254	249		20
255	250		OPERATION OF SAFETY IMPROVEMENTS ON ANY RAILROAD OR RAILROAD21
256	251		CROSSING IN THE STATE; AND22
257	252		(c) C
258	253		OMPLETING CAPITAL DEVELOPMENT PROJECTS TO IMPROVE
259	254		23
260	255		THE SAFETY OF A PASSENGER RAIL SYSTEM .24
261	256		(2) M
262	257		ONEY CREDITED OR TRANSFERRED TO THE STATE HIGHWAY
263	258		25
264	259		FUND PURSUANT TO SECTIONS 40-20-308 (3) AND 40-20-309 (4) IS NOT26
265	260		INTENDED TO INCREASE THE NUMBER OF FULL -TIME EMPLOYEES OF THE27
266	261		162
267	262		-7- DEPARTMENT OF TRANSPORTATION .1
268	263		SECTION 7. In Colorado Revised Statutes, 40-20-311, amend2
269	264		(3) introductory portion, (5), (6), and (9); and add (15), (16), (17), (18),3
270	265		and (19) as follows:4
271	266		40-20-311. Office of rail safety - agreement with federal5
272	267		railroad administration - duties of commission - inspections -6
273	268		information gathering - reports - rules - repeal. (3) The commission7
274	269		the department of public safety, and the department of transportation shall8
275	270		engage in inspection and investigation activities HAS AUTHORITY TO9
276	271		ENGAGE IN INSPECTION, INVESTIGATION, AND ENFORCEMENT ACTIVITIES,10
277	272		as described in 49 CFR 212, to address compliance with the requirements11
278	273		of this part 3 FEDERAL RAILROAD SAFETY LAWS AND REGULATIONS .12
279	274		Notwithstanding any provision of this section, the authority of the13
280	275		commission the department of public safety, and the department of14
281	276		transportation to engage in inspection, and investigation, AND15
282	277		ENFORCEMENT activities pursuant to this section is limited to:16
283	278		(5) An interested party may request that the commission the17
284	279		department of public safety, or the department of transportation18
285	280		investigate an alleged violation of this part 3.19
286	281		(6) The commission the department of public safety, or the20
287	282		department of transportation may report an alleged violation of this part21
288	283		3 or any other safety concern to the federal railroad administration or the22
289	284		federal surface transportation board.23
290	285		(9) The commission the department of public safety, and the24
291	286		department of transportation are IS immune from liability for actions25
292	287		performed pursuant to this section, as described in article 10 of title 24.26
293	288		(15) (a) T
294	289		HE OFFICE OF RAIL SAFETY SHALL COLLECT AND27
295	290		162
296	291		-8- ANALYZE DATA TO CREATE A MORE COMPREHENSIVE UNDERSTANDING OF1
297	292		RAIL SAFETY. THE OFFICE OF RAIL SAFETY SHALL WORK TO COMPILE2
298	293		EXISTING DATA COLLECTED BY THE FEDERAL RAILROAD ADMINISTRATION3
299	294		AND COMPILE ADDITIONAL DATA ON COVERED RAILR OADS AND FACILITIES ,4
300	295		INCLUDING:5
301	296		(I) T
302	297		HE AVERAGE TRAIN LENGTH AND DATA ON TRAINS OVER EIGHT6
303	298		THOUSAND FIVE HUNDRED FEET IN LENGTH ;7
304	299		(II) T
305	300		RAIN CONFIGURATION;8
306	301		(III) T
307	302		RAIN WHEEL AXLE COUNT;9
308	303		(IV) W
309	304		AYSIDE DETECTOR INFORMATION, INCLUDING INFORMATION10
310	305		REQUIRED IN WAYSIDE DETECTOR REPORTING PURSUANT TO SECTION11
311	306		40-20-303;12
312	307		(V) B
313	308		LOCKED PUBLIC CROSSING LOCATIONS BY UNITED STATES13
314	309		DEPARTMENT OF TRANSPORTATION INVENTORY NUMBER , DURATION OF14
315	310		BLOCKAGE, AND REASON FOR BLOCKAGE ; AND15
316	311		(VI) M
317	312		AINTENANCE ACTIVITY, INCLUDING:16
318	313		(A) C
319	314		AR AND LOCOMOTIVE MAINTE NANCE , INCLUDING HOW OFTEN17
320	315		A DEFECT IS IDENTIFIED, THE TYPE OF DEFECT IDENTIFIED , THE18
321	316		CORRECTIVE ACTION RECOMMENDED , THE CORRECTIVE ACTION TAKEN ,19
322	317		AND WHEN CORRECTIVE ACTION , IF NECESSARY, WAS TAKEN;20
323	318		(B) T
324	319		RACK MAINTENANCE, INCLUDING HOW OFTEN A DEFECT IS21
325	320		IDENTIFIED, THE TYPE OF DEFECT IDENTIFIED, THE CORRECTIVE ACTION22
326	321		RECOMMENDED, THE CORRECTIVE ACTION TAKEN, AND WHEN CORRECTIVE23
327	322		ACTION, IF NECESSARY, WAS TAKEN;24
328	323		(C) S
329	324		IGNAL EQUIPMENT MAINTENANCE , INCLUDING HOW OFTEN A25
330	325		DEFECT IS IDENTIFIED, THE TYPE OF DEFECT IDENTIFIED, THE CORRECTIVE26
331	326		ACTION RECOMMENDED , THE CORRECTIVE ACTION TAKEN , AND WHEN27
332	327		162
333	328		-9- CORRECTIVE ACTION, IF NECESSARY, WAS TAKEN; AND1
334	329		(D) C
335	330		ROSSING EQUIPMENT MAINTENANCE , INCLUDING HOW OFTEN2
336	331		A DEFECT IS IDENTIFIED, THE TYPE OF DEFECT IDENTIFIED , THE3
337	332		CORRECTIVE ACTION RECOMMENDED , THE CORRECTIVE ACTION TAKEN ,4
338	333		AND WHEN CORRECTIVE ACTION , IF NECESSARY, WAS TAKEN.5
339	334		(b) T
340	335		HE OFFICE OF RAIL SAFETY SHALL SUMMARIZE THE DATA6
341	336		COLLECTED AND ANALYZED PURSUANT TO SUBSECTION (15)(a) OF THIS7
342	337		SECTION AND INCLUDE THE SUMMARY IN THE ANNUAL REPORT REQUIRED8
343	338		BY SUBSECTION (17)(b) OF THIS SECTION. THE OFFICE OF RAIL SAFETY MAY
344	339		9
345	340		DETERMINE THAT CERTAIN DATA IS INFEASIBLE TO COLLECT . THE OFFICE10
346	341		OF RAIL SAFETY SHALL CONSULT WITH THE COMMUNITY RAIL SAFETY11
347	342		ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY12
348	343		COMMITTEE REGARDING ANY DATA THAT THE OFFICE OF RAIL SAFETY13
349	344		DETERMINES IS INFEASIBLE TO COLLECT AND SHALL PROVIDE14
350	345		INFORMATION TO THE COMMITTEES AS TO WHY CERTAIN DATA MAY BE15
351	346		INFEASIBLE TO COLLECT.16
352	347		(16) T
353	348		HE OFFICE OF RAIL SAFETY SHALL ENSURE THAT DATA17
354	349		COLLECTED PURSUANT TO THIS SECTION THAT IS NOT SUBJECT TO18
355	350		EXCEPTIONS UNDER THE "COLORADO OPEN RECORDS ACT", PART 2 OF19
356	351		ARTICLE 72 OF TITLE 24, IS MADE AVAILABLE TO THE COMMUNITY RAIL20
357	352		SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY21
358	353		COMMITTEE.22
359	354		(17) (a) B
360	355		EGINNING ON FEBRUARY 1, 2027, THE
361	356		OFFICE OF RAIL23
362	357		SAFETY, IN COORDINATION WITH THE DEPARTMENT OF PUBLIC SAFETY AND24
363	358		THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , SHALL CONDUCT25
364	359		A COMPREHENSIVE ASSESSMENT OF THE STATE 'S ABILITY TO RESPOND TO26
365	360		A LARGE-SCALE RELEASE OF HAZARDOUS MATERIALS FROM RAIL27
366	361		162
367	362		-10- TRANSPORTATION. THE ASSESSMENT MUST INCLUDE :1
368	363		(I) A
369	364		DETERMINATION OF THE NUMBER OF FIRST RESPONDERS WHO2
370	365		ARE TRAINED TO RESPOND TO AN EMERGENCY INVOLVING HAZARDOUS3
371	366		MATERIALS, THEIR LOCATIONS, AND THEIR TRAINING LEVELS;4
372	367		(II) A
373	368		SUMMARY OF RAILROADS' EXISTING TRAINING PROVIDED TO
374	369		5
375	370		FIRST RESPONDERS, INCLUDING THROUGH THE USE OF VIRTUAL TRAINING6
376	371		OR MOBILE TRAINING CARS, AND RAILROADS' EFFORTS TO ENCOURAGE7
377	372		ENROLLMENT IN THIS TRAINING;8
378	373		(III) AN INVENTORY OF THE EQUIPMENT AVAILABLE TO DEPLOY9
379	374		DURING AN EMERGENCY INVOLVING HAZARDOUS MATERIALS , INCLUDING10
380	375		CURRENT LOCATIONS OF HAZMAT RESPONSE CACHES , TO IDENTIFY GAPS IN11
381	376		HAZMAT RESPONSE RELATING TO PERSONNEL , TRAINING, AND EQUIPMENT;12
382	377		(IV) RECOMMENDATIONS ON WAYS TO INCREASE ACCESS TO13
383	378		TRAINING FOR VOLUNTEER FIREFIGHTERS AND INCENTIVES FOR THEM TO14
384	379		ATTEND THE TRAINING DESCRIBED IN SECTION 40-20-310;15
385	380		(V) A MAP THAT IDENTIFIES ENVIRONMENTALLY CRITICAL AREAS16
386	381		OF THE STATE, VULNERABLE ENVIRONMENTAL CORRIDORS , AND17
387	382		DISPROPORTIONALLY IMPACTED COMMUNITIES THAT ARE ADJACENT TO18
388	383		ROUTES OPERATED BY FREIGHT TRAINS AND PROVIDES INFORMATION19
389	384		ABOUT THE TYPES AND AMOUNTS OF HAZARDOUS MATERIALS GENERALLY20
390	385		TRANSPORTED ALONG THESE ROUTES FOR THE PURPOSE OF DETERMINING21
391	386		WHAT A LARGE-SCALE RELEASE COULD INVOLVE ;22
392	387		(VI) RECOMMENDATIONS ON THE TYPES AND NUMBER OF23
393	388		ADDITIONAL CACHES OF EQUIPMENT AND MATERIALS NECESSARY TO24
394	389		RESPOND TO ENVIRONMENTALLY CRITICAL AREAS AND VULNERABLE25
395	390		ENVIRONMENTAL CORRIDORS FOR USE BY LOCAL FIRST RESPONDERS TO26
396	391		CONDUCT A SAFE AND EFFECTIVE FIRST RESPONSE TO AN INCIDENT27
397	392		162
398	393		-11- INVOLVING A LARGE-SCALE RELEASE OF HAZARDOUS MATERIALS , ALONG1
399	394		WITH RECOMMENDATIONS AS TO THE BEST LOCATIONS IN THE STATE AT2
400	395		WHICH TO STORE EQUIPMENT AND MATERIALS READY FOR DEPLOYMENT3
401	396		BY LOCAL FIRST RESPONDERS;4
402	397		(VII) THE RESPONSE PLANS OF CLASS I RAILROADS, AND THE5
403	398		RESPONSE PLANS OF OTHER EMERGENCY RESPONSE AND HEALTH ENTITIES6
404	399		THAT ARE EXPECTED TO ARRIVE AT THE SITE OF A LARGE -SCALE7
405	400		HAZARDOUS RELEASE PREPARED TO ASSUME RESPONSIBILITY FOR THE8
406	401		CONTAINMENT, COLLECTION, CLEANUP, AND REMEDIATION OF THE SITE,9
407	402		INCLUDING:10
408	403		(A) A
409	404		N ESTIMATE OF THE NUMBER OF PERSONNEL AND THE11
410	405		AMOUNT AND TYPE OF EQUIPMENT AND MATERIALS REQUIRED TO ADDRESS12
411	406		A LARGE-SCALE RELEASE OF HAZARDOUS MATERIALS ;13
412	407		(B) A
413	408		DESCRIPTION OF THE BEST ROUTES AND THE BEST MODES OF14
414	409		TRANSPORTATION TO BE USED TO TRANSPORT PERSONNEL , EQUIPMENT,15
415	410		AND MATERIALS TO CRITICAL AREAS OF THE STATE ; AND16
416	411		(C) A
417	412		N ESTIMATE OF THE AMOUNT OF TIME REQUIRED FOR17
418	413		PERSONNEL, EQUIPMENT, AND MATERIALS TO BE DEPLOYED TO18
419	414		ENVIRONMENTALLY CRITICAL AREAS AND VULNERABLE ENVIRONMENTAL19
420	415		CORRIDORS OF THE STATE; AND20
421	416		(VIII)
422	417		ANY ADDITIONAL INFORMATION THAT ASSISTS IN THE21
423	418		DEVELOPMENT OF COMPREHENSIVE PLANS TO PROMPTLY DEPLOY THE22
424	419		STATE'S LOCAL RESOURCES , IMMEDIATELY FOLLOWED BY THE23
425	420		DEPLOYMENT OF CORPORATE RAILROAD RESOURCES AND THOSE OF OTHER24
426	421		EMERGENCY RESPONSE AND HEALTH ENTITIES , TO CONTAIN AND COLLECT,25
427	422		TO THE MAXIMUM EXTENT POSSIBLE , A LARGE-SCALE RELEASE OF26
428	423		HAZARDOUS MATERIALS IN CRITICAL AREAS OF THE STATE .27
429	424		162
430	425		-12- (b) ON OR BEFORE DECEMBER 15, 2027, THE OFFICE OF RAIL1
431	426		SAFETY SHALL REPORT TO THE TRANSPORTATION , HOUSING, AND LOCAL2
432	427		GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE3
433	428		TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE , OR THEIR4
434	429		SUCCESSOR COMMITTEES , SUMMARIZING THE ASSESSMENT CONDUCTED5
435	430		PURSUANT TO SUBSECTION (17)(a) OF THIS SECTION.6
436	431		(c) T
437	432		HE OFFICE OF RAIL SAFETY SHALL WORK WITH THE7
438	433		COMMUNITY RAIL SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY8
439	434		SAFETY ADVISORY COMMI TTEE AND RELEVANT STATE AGENCIES ON9
440	435		IMPLEMENTING THE RECOMMENDATIONS OF THE ASSESSMENT CONDUCTED10
441	436		PURSUANT TO SUBSECTION (17)(a) OF THIS SECTION AND REPORT CREATED11
442	437		PURSUANT TO SUBSECTION (17)(b) OF THIS SECTION.12
443	438		(18) T
444	439		HE OFFICE OF RAIL SAFETY SHALL ASSESS THE BEST13
445	440		PRACTICES FOR ENSURING FINANCIAL RESPONSIBILITY FOR RESPONSE ,14
446	441		CLEANUP, AND DAMAGES FROM MAJOR RAIL EVENTS , INCLUDING15
447	442		REVIEWING BEST PRACTICES FROM OTHER STATES .16
448	443		(19) T
449	444		HE OFFICE OF RAIL SAFETY SHALL MONITOR AND ASSESS17
450	445		COMMUNICATION ISSUES IMPACTING RAIL LINES IN THE STATE , INCLUDING:18
451	446		(a) C
452	447		OMMUNICATION WITH STATE ENTITIES , INCLUDING THE19
453	448		DEPARTMENT OF PUBLIC SAFETY ;20
454	449		(b) C
455	450		OMMUNICATION ISSUES BETWEEN CREWS WORKING ON21
456	451		TRAINS MEASURING MORE THAN EI GHT THOUSAND FIVE HUNDRED FEET IN22
457	452		LENGTH; AND23
458	453		(c) C
459	454		OMMUNICATION FROM WAYSIDE DETECTORS TO CREWS .24
460	455		SECTION 8.
461	456		In Colorado Revised Statutes, add 40-20-311.5 as25
462	457		follows:26
463	458		40-20-311.5. Rail safety fee - rules - fund created.27
464	459		162
465	460		-13- (1) (a) BEGINNING ON OR BEFORE JANUARY 1, 2027, AND SUBJECT TO THE1
466	461		DEADLINES DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, THE2
467	462		FOLLOWING TYPES OF RAILROADS SHALL PAY AN ANNUAL FEE TO COVER3
468	463		THE OFFICE OF RAIL SAFETY 'S AND THE COMMISSION 'S DIRECT AND4
469	464		INDIRECT COSTS OF IMPLEMENTING THE REQUIREMENTS OF THIS ARTICLE5
470	465		20:6
471	466		(I) A
472	467		CLASS I RAILROAD;7
473	468		(II) A
474	469		RAILROAD OPERATING ANY LINE THAT WAS USED BY CLASS8
475	470		I
476	471		RAILROADS AS OF JULY 1, 2024, EXCEPT FOR A CLASS II RAILROAD OR A
477	472		9
478	473		CLASS III RAILROAD UTILIZING TRACKAGE RIGHTS OR HAULAGE RIGHTS IN10
479	474		EFFECT AS OF JULY 1, 2024, TO OPERATE ON A LINE OWNED BY A CLASS I11
480	475		RAILROAD; AND12
481	476		(III) A
482	477		PASSENGER RAIL SYSTEM.
483	478		13
484	479		(b) (I) O
485	480		N OR BEFORE SEPTEMBER 30, 2026, THE
486	481		COMMISSION14
487	482		SHALL DETERMINE A METHODOLOGY , THROUGH RULE-MAKING, FOR15
488	483		CALCULATING THE ANNUAL FEE DESCRIBED IN SUBSECTION (1)(a) OF THIS16
489	484		SECTION BY RULE FOR EACH RAILROAD TYPE DESCRIBED IN SUBSECTION17
490	485		(1)(a)
491	486		OF THIS SECTION OPERATING WITHIN THE STATE, TOTALING NO LESS18
492	487		THAN THE AMOUNT REQUIRED FOR THE OFFICE OF RAIL SAFETY TO19
493	488		ADMINISTER AND ENFORCE THIS ARTICLE 20 AND THE RAILROADS '20
494	489		RELATED SHARE OF THE COMMISSION'S GRADE CROSSING SAFETY PROGRAM21
495	490		RESPONSIBILITIES DESCRIBED IN SECTION 40-4-106. THE TOTAL AMOUNT
496	491		22
497	492		COLLECTED PURSUANT TO THE ANNUAL FEE MUST NOT EXCEED FOUR23
498	493		MILLION EIGHT HUNDRED THOUSAND DOLLARS IN A CALENDAR YEAR .24
499	494		(II) T
500	495		HE METHODOLOGY FOR CALCULATING THE ANNUAL FEE25
501	496		DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION MAY
502	497		INCLUDE IN THE26
503	498		CALCULATION:27
504	499		162
505	500		-14- (A) THE TOTAL TRAIN MILES TRAVELED IN COLORADO ANNUALLY;1
506	501		(B) T
507	502		HE TOTAL GROSS TON -MILES OF FREIGHT TRAIN CARS ,2
508	503		CONTENTS, AND CABOOSES; AND3
509	504		(C) T
510	505		HE TOTAL PUBLIC CROSSINGS.4
511	506		(III) T
512	507		HE COMMISSION SHALL CONSULT WITH AND SOLICIT5
513	508		COMMENT FROM THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE6
514	509		AND THE RAIL INDUSTRY SAFETY ADVISORY COMMI TTEE DURING THE7
515	510		RULE-MAKING PROCESS TO ESTABLISH THE FEE CALCULATION8
516	511		METHODOLOGY AND YEARLY CALCULATION OF THE FEE PURS UANT TO THIS9
517	512		SUBSECTION (1).10
518	513		(IV) (A) T
519	514		HE COMMISSION SHALL NOTIFY EACH RAILROAD
520	515		11
521	516		REQUIRED TO PAY THE ANNUAL FEE DESCRIBED IN SUBSECTION (1)(a) OF12
522	517		THIS SECTION OF THE AMOUNT OF THE ANNUAL FEE FOR THE UPCOMING13
523	518		STATE FISCAL YEAR ON OR BEFORE DECEMBER 1, 2026, AND ON OR BEFORE14
524	519		EACH DECEMBER 1 THEREAFTER.15
525	520		(B) T
526	521		HE COMMISSION SHALL SEND A QUARTERLY INVOICE TO EACH
527	522		16
528	523		RAILROAD REQUIRED TO PAY THE ANNUAL FEE DESCRIBED IN SUBSECTION17
529	524		(1)(a)
530	525		OF THIS SECTION ON OR BEFORE DECEMBER 1, 2026. THEREAFTER,
531	526		18
532	527		THE COMMISSION SHALL SEND A QUARTERLY INVOICE TO EACH RAILROAD19
533	528		REQUIRED TO PAY THE ANNUAL FEE ON OR BEFORE MARCH 1, JUNE 1,20
534	529		S
535	530		EPTEMBER 1, AND DECEMBER 1 OF EACH STATE FISCAL YEAR.
536	531		21
537	532		(2) (a) THE STATE TREASURER SHALL CREDIT THE FEES COLLECTED22
538	533		PURSUANT TO THIS ARTICLE 20 TO THE OFFICE OF RAIL SAFETY FUND ,23
539	534		WHICH FUND IS CREATED IN THE STATE TREASURY . THE MONEY IN THE24
540	535		FUND IS ANNUALLY APPROPRIATED TO THE OFFICE OF RAIL SAFETY FOR THE25
541	536		PURPOSES SET FORTH IN THIS ARTICLE 20 AND FOR ADMINISTERING THE26
542	537		RAILROADS' SHARE OF THE COMMISSION 'S GRADE CROSSING SAFETY27
543	538		162
544	539		-15- PROGRAM RESPONSIBILITIES OUTLINED IN SECTION 40-4-106. ALL1
545	540		INTEREST EARNED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE2
546	541		FUND IS CREDITED TO THE FUND.3
547	542		(b) T
548	543		HE OFFICE OF RAILROAD SAFETY SHALL NOT EXPEND MONEY
549	544		4
550	545		FROM THE RAIL SAFETY FUND ON EQUIPMENT OR HIRING STAFF UNTIL5
551	546		F
552	547		EBRUARY 1, 2027.
553	548		6
554	549		(3) (a) E
555	550		ACH RAILROAD SUBJECT TO THE FEE DESCRIBED IN7
556	551		SUBSECTION (1)(a) OF THIS SECTION SHALL PAY THE FEE TO THE8
557	552		COMMISSION IN EQUAL QUARTERLY INSTALLMENTS ON OR BEFORE9
558	553		J
559	554		ANUARY 1, APRIL 1, JULY 1, AND OCTOBER 1
560	555		OF EACH STATE FISCAL10
561	556		YEAR.11
562	557		(b) I
563	558		F A RAILROAD DOES NOT PAY THE FEE BEFORE A QUARTERLY12
564	559		DEADLINE DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, THE13
565	560		COMMISSION SHALL CHARGE THE RAILROAD A PENALTY OF TEN PERCENT14
566	561		OF THE INSTALLMENT DUE PLUS INTEREST AT THE RATE OF ONE PERCENT15
567	562		PER MONTH ON THE AMOUNT OF THE UNPAID INSTALLMENT UNTIL THE16
568	563		FULL AMOUNT OF THE INSTALLMENT , PENALTY, AND INTEREST HAS BEEN17
569	564		PAID.18
570	565		(c) U
571	566		PON FAILURE, REFUSAL, OR NEGLECT OF ANY RAILROAD TO19
572	567		PAY THE FEE OR ANY PENALTY OR INTEREST , THE ATTORNEY GENERAL20
573	568		SHALL COMMENCE AN ACTION ON BEHALF OF THE STATE TO COLLECT THE21
574	569		AMOUNT DUE.22
575	570		SECTION 9. In Colorado Revised Statutes, 40-20-313, amend
576	571		23
577	572		(3) as follows:24
578	573		40-20-313. Rail industry safety advisory committee -25
579	574		membership - duties - rail safety plan - repeal. (3) Members of the rail26
580	575		industry safety advisory committee serve without compensation but must27
581	576		162
582	577		-16- be reimbursed from money in the fund for actual and necessary expenses1
583	578		incurred in the performance of the members' duties pursuant to this2
584	579		section WHO ARE NOT COMPENSATED FOR ACTING IN OFFICIAL JOB ROLES3
585	580		MAY RECEIVE PER DIEM COMPENSATION FROM THE OFFICE OF RAIL SAFETY4
586	581		CREATED IN SECTION 40-20-311. MEMBERS OF THE RAIL INDUSTRY SAFETY5
587	582		ADVISORY COMMITTEE MAY BE REIMBURSED FOR EXPENSES INCURRED6
588	583		WHILE PERFORMING THEIR DUTIES.7
589	584		SECTION 10. In Colorado Revised Statutes, 40-2-109, add8
590	585		(2)(a)(III) as follows:9
591	586		40-2-109. Report to executive director of the department of10
592	587		revenue. (2) (a) On March 1 of each year, the public utilities commission11
593	588		shall furnish the executive director of the department of revenue with a12
594	589		list of those public utilities subject to its jurisdiction, supervision, and13
595	590		regulation on January 1 of each year. The provisions of this subsection (2)14
596	591		shall not apply to:15
597	592		(III) R
598	593		AILROADS IDENTIFIED IN SECTION 40-20-311 (3) FOR16
599	594		INSPECTION, INVESTIGATION, AND ENFORCEMENT
600	595		ACTIVITIES PURSUANT17
601	596		TO PART 3 OF ARTICLE 20 OF THIS TITLE 40.18
602	597		SECTION 11. In Colorado Revised Statutes, 43-1-220, add (3)19
603	598		as follows:20
604	599		43-1-220. Sources of funds - assumption of obligations.21
605	600		(3) A
606	601		LL MONEY CREDITED OR TRANSFERRED TO THE STATE HIGHWAY
607	602		22
608	603		FUND PURSUANT TO SECTIONS 40-20-308 (3) AND 40-20-309 (4) MUST BE23
609	604		EXPENDED BY THE TRANSIT AND RAIL DIVISION IN THE DEPARTMENT OF24
610	605		TRANSPORTATION FOR PURPOSES DESCRIBED IN SECTION 40-20-309.5 (1).25
611	606		SECTION 12. Severability. If any provision of this act or the26
612	607		application of this act to any person or circumstance is held invalid, the27
613	608		162
614	609		-17- invalidity does not affect other provisions or applications of the act that1
615	610		can be given effect without the invalid provision or application, and to2
616	611		this end the provisions of this act are declared to be severable.3
617	612		SECTION 13. Safety clause. The general assembly finds,4
618	613		determines, and declares that this act is necessary for the immediate5
619	614		preservation of the public peace, health, or safety or for appropriations for6
620	615		the support and maintenance of the departments of the state and state7
621	616		institutions.8
622	617		162
623	618		-18-