A Bill for an Act
Page 1, Line 101Concerning measures to increase railroad safety.
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 that, immediately after a railroad notifies the state's watch center in the department of public safety (watch center) of an emergency involving a train, the watch center must notify the public utilities commission (commission) and the office of rail safety (office) of the incident. The commission is required to submit a report to specified committees of the general assembly on the information reported by railroads regarding an emergency involving a train.
A crew member of a train operated by a railroad may communicate with first responders during an emergency situation after notifying the railroad dispatch. A crew member has discretion in determining the appropriate response to the emergency situation, including cutting the railroad crossing. A railroad or a crew member is immune from civil liability and is not liable in civil damages for actions taken in good faith in the course of a response to an emergency situation involving a train.
The bill eliminates the shared authority that the commission, the department of public safety, and the department of transportation had to inspect and investigate railroads and grants the commission alone the authority to inspect, investigate, and regulate the following railroads:
- A class I railroad;
- A railroad operating any line that was used by class I railroads as of July 1, 2024; and
- A passenger railroad.
- Data to create a more comprehensive understanding of railroad safety;
- An assessment of the state's ability to respond to a large-scale release of hazardous materials from railroad transportation;
- The best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states; and
- Communication issues impacting railroad lines in the state.
The bill requires the office to gather, analyze, and assess information, including:
A railroad regulated by the commission is required to pay a fee to cover the costs incurred by the commission and the office in relation to the bill. The commission shall determine a methodology for calculating the fee by rule, but the commission must include specified criteria in the calculation. A railroad regulated by the commission must pay the fee in equal quarterly installments and is subject to penalties and interest if they fail to timely pay the fee.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 2, Line 3(a) The safety and efficiency of Colorado's rail infrastructure is
Page 2, Line 4critical to protecting public health, ensuring environmental sustainability, and supporting economic vitality;
Page 2, Line 5(b) Railroad transportation is a critical component of Colorado's
Page 3, Line 1economy and provides efficient and cost-effective movement of goods across the state and beyond;
Page 3, Line 2(c) Colorado's fragile ecosystems, weather extremes, extensive
Page 3, Line 3number of hard-to-maintain and difficult-to-access railroad track miles,
Page 3, Line 4and number of communities through which railroads operate necessitate a state office of rail safety;
Page 3, Line 5(d) The office of rail safety needs the authority and resources to
Page 3, Line 6address all railroad safety disciplines, including crossings, track, signal
Page 3, Line 7and train control, motive power and equipment, operating practices, compliance, and hazardous materials;
Page 3, Line 8(e) The establishment of the office of rail safety in the public
Page 3, Line 9utilities commission provides a dedicated, state-led approach to rail
Page 3, Line 10inspection, enforcement, and risk mitigation. By securing funding for the
Page 3, Line 11office, Colorado will be in line with 30 other states across the country that
Page 3, Line 12have rail safety programs and will enhance its ability to conduct safety
Page 3, Line 13inspections, enforce rail regulations, and coordinate with federal and local
Page 3, Line 14partners to prevent accidents and respond effectively to rail-related
Page 3, Line 15incidents. Reducing the risk of accidents, derailments, and other incidents
Page 3, Line 16associated with railroad transportation lowers costs, improves efficiency, and reduces liability for railroad companies;
Page 3, Line 17(f) Railroads should not face multiple fee structures to support rail
Page 3, Line 18safety. A new office of rail safety fund should provide a single funding
Page 3, Line 19source for the office of rail safety and the regulation of highway-rail grade crossing safety for subject railroads.
Page 3, Line 20(2) Therefore, the general assembly declares that Colorado must
Page 3, Line 21fund the office of rail safety to fulfill its mandate of ensuring that rail
Page 3, Line 22operations in Colorado meet the highest standards of safety and reliability.
Page 4, Line 1SECTION 2. In Colorado Revised Statutes, 40-20-302, amend(9); andadd (5.5), (8.5), and (23.5) as follows:
Page 4, Line 240-20-302. Definitions - repeal. As used in this part 3, unless the context otherwise requires:
Page 4, Line 3(5.5) "Corrective action" means an activity conducted to
Page 4, Line 4ensure that a railroad track, a car, a locomotive, crossing
Page 4, Line 5equipment, signal equipment, or other facility of a railroad is in good condition and that a train runs safely and smoothly.
Page 4, Line 6(8.5) "Environmentally critical area" means an area or feature that is of significant ecological value, including a:
Page 4, Line 7(a) Stream corridor;
(b) Headwater;
Page 4, Line 8(c) Wetland;
Page 4, Line 9(d) Federal, state, or locally designated public land or natural area site;
Page 4, Line 10(e) Natural heritage priority site;
(f) Habitat of endangered or threatened species;
Page 4, Line 11(g) Large area of a contiguous open space or forest;
(h) Steep slope;
Page 4, Line 12(i) Geological heritage site; or
(j) Groundwater recharge area.
Page 4, Line 13(9) (a) "Fund" means the rail district maintenance and safety fund created in section 40-20-309.
Page 4, Line 14(b) This subsection (9) is repealed, effective July 1, 2025.
Page 4, Line 15(23.5) "Vulnerable environmental corridor" means a
Page 4, Line 16continuous system of open space that serves as a key linkage
Page 5, Line 1point for habitat and species, including wildlife or ecological corridors.
Page 5, Line 2SECTION 3. In Colorado Revised Statutes, 40-20-306, amend (1) introductory portion and (4); and add (5) and (6) as follows:
Page 5, Line 340-20-306. Emergency notifications - accident response -
Page 5, Line 4immunity from civil liability - report. (1) Within thirty minutes after
Page 5, Line 5discovering an emergency involving a train, unless communication is
Page 5, Line 6impossible, the railroad operating the train shall notify the state's watch
Page 5, Line 7center in the department of public safety of the emergency by
Page 5, Line 8telephone or another agreed-upon method of communication to ensure
Page 5, Line 9that authorities can respond swiftly and appropriately. Emergency conditions that require a railroad to provide such notice include:
Page 5, Line 10(4) (a)
A railroad that provides a notification described inPage 5, Line 11
subsection (1) of this section shall also notify the community rail safetyPage 5, Line 12
advisory committee and the rail industry safety advisory committee of thePage 5, Line 13
incident within thirty days after providing the notification described inPage 5, Line 14
subsection (1) of this sectionPage 5, Line 15emergency notification described in subsection (1) of this
Page 5, Line 16section, the state's watch center in the department of public
Page 5, Line 17safety shall notify the commission and the office of rail safety
Page 5, Line 18of the incident. The notification must include the information listed in subsection (2) of this section.
Page 5, Line 19(b) Within thirty days after receiving the emergency
Page 5, Line 20notification described in subsection (4)(a) of this section, the
Page 5, Line 21office of rail safety shall notify the community rail safety
Page 5, Line 22advisory committee and the rail industry safety advisory
Page 5, Line 23committee of the incident. The notification must include the information listed in subsection (2) of this section.
Page 6, Line 1(5) (a) Subject to federal regulations and the most recent
Page 6, Line 2edition of the "General Code of Operating Rules" published by
Page 6, Line 3the general code of operating rules committee, a crew member
Page 6, Line 4of a train operated by a railroad may communicate with first
Page 6, Line 5responders during an emergency situation after notifying the
Page 6, Line 6railroad dispatch. A crew member has discretion in determining
Page 6, Line 7the appropriate response to the emergency situation, including cutting the crossing.
Page 6, Line 8(b) A railroad employee or a crew member of a train
Page 6, Line 9operated by a railroad is immune from civil liability and is not
Page 6, Line 10liable in civil damages for actions taken in good faith in the
Page 6, Line 11course of a response to an emergency situation pursuant to subsection (5)(a) of this section.
Page 6, Line 12(6) (a) On or before February 1, 2026, and on or before
Page 6, Line 13February 1 of each year thereafter, the commission shall
Page 6, Line 14provide a report to the transportation, housing, and local
Page 6, Line 15government committee of the house of representatives and the
Page 6, Line 16transportation and energy committee of the senate, or their
Page 6, Line 17successor committees, containing the details of the information reported pursuant to subsection (2) of this section.
Page 6, Line 18(b) Notwithstanding section 24-1-136 (11)(a)(I), the
Page 6, Line 19reporting requirement described in subsection (6)(a) of this section continues indefinitely.
Page 6, Line 20SECTION 4. In Colorado Revised Statutes, 40-20-308, amend (3) as follows:
Page 6, Line 2140-20-308. Violations - penalties - rules. (3) The public utilities
Page 7, Line 1commission shall transfer all fines collected pursuant to subsections (1)
Page 7, Line 2and (2) of this section to the state treasurer, who shall credit the fines to the state highway fund created in section 43-1-219.
Page 7, Line 3SECTION 5. In Colorado Revised Statutes, 40-20-309, add (4) and (5) as follows:
Page 7, Line 440-20-309. Rail district maintenance and safety fund - created
Page 7, Line 5- repeal. (4) The state treasurer shall transfer all unexpended
Page 7, Line 6and unencumbered money in the fund on June 30, 2025, to the state highway fund created in section 43-1-219.
Page 7, Line 7(5) This section is repealed, effective July 1, 2025.
Page 7, Line 8SECTION 6. In Colorado Revised Statutes, add 40-20-309.5 as follows:
Page 7, Line 940-20-309.5. Penalties collected and credited to the state
Page 7, Line 10highway fund - expenditure. (1) Money credited or transferred
Page 7, Line 11to the state highway fund pursuant to sections 40-20-308 (3) and
Page 7, Line 1240-20-309 (4) must be expended by the transit and rail division in the department of transportation for the purposes of:
Page 7, Line 13(a) Safety planning and development during the research, development, and construction of a passenger rail system;
Page 7, Line 14(b) Planning, design, construction, or maintenance and
Page 7, Line 15operation of safety improvements on any railroad or railroad crossing in the state; and
Page 7, Line 16(c) Completing capital development projects to improve the safety of a passenger rail system.
Page 7, Line 17(2) Money credited or transferred to the state highway
Page 7, Line 18fund pursuant to sections 40-20-308 (3) and 40-20-309 (4) is not
Page 7, Line 19intended to increase the number of full-time employees of the department of transportation.
Page 8, Line 1SECTION 7. In Colorado Revised Statutes, 40-20-311, amend
Page 8, Line 2(3) introductory portion, (5), (6), and (9); and add (15), (16), (17), (18), and (19) as follows:
Page 8, Line 340-20-311. Office of rail safety - agreement with federal
Page 8, Line 4railroad administration - duties of commission - inspections -
Page 8, Line 5information gathering - reports - rules - repeal. (3) The commission
Page 8, Line 6
the department of public safety, and the department of transportation shallPage 8, Line 7
engage in inspection and investigation activitiesPage 8, Line 8engage in inspection, investigation, and enforcement activities,
Page 8, Line 9as described in 49 CFR 212, to address compliance with
the requirementsPage 8, Line 10
of this part 3Page 8, Line 11Notwithstanding any provision of this section, the authority of the
Page 8, Line 12commission
the department of public safety, and the department ofPage 8, Line 13
transportationandPage 8, Line 14(5) An interested party may request that the commission
thePage 8, Line 15
department of public safety, or the department of transportationPage 8, Line 16(6) The commission
the department of public safety, or thePage 8, Line 17
department of transportationPage 8, Line 183 or any other safety concern to the federal railroad administration or the federal surface transportation board.
Page 8, Line 19(9) The commission
the department of public safety, and thePage 8, Line 20
department of transportation arePage 8, Line 21(15) (a) The office of rail safety shall collect and
Page 9, Line 1analyze data to create a more comprehensive understanding of
Page 9, Line 2rail safety. The office of rail safety shall work to compile
Page 9, Line 3existing data collected by the federal railroad administration
Page 9, Line 4and compile additional data on covered railroads and facilities, including:
Page 9, Line 5(I) The average train length and data on trains over eight thousand five hundred feet in length;
Page 9, Line 7(II) Wayside detector information, including information
Page 9, Line 8required in wayside detector reporting pursuant to section 40-20-303;
Page 9, Line 9(III) Blocked public crossing locations by United States
Page 9, Line 10department of transportation inventory number, duration of blockage, and reason for blockage; and
Page 9, Line 11(IV) Maintenance activity, including:
Page 9, Line 12(A) Car and locomotive maintenance, including how often
Page 9, Line 13a defect is identified, the type of defect identified, the
Page 9, Line 14corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken;
Page 9, Line 15(B) Track maintenance, including how often a defect is
Page 9, Line 16identified, the type of defect identified, the corrective action
Page 9, Line 17recommended, the corrective action taken, and when corrective action, if necessary, was taken;
Page 9, Line 18(C) Signal equipment maintenance, including how often a
Page 9, Line 19defect is identified, the type of defect identified, the corrective
Page 9, Line 20action recommended, the corrective action taken, and when
Page 9, Line 21corrective action, if necessary, was taken; and
Page 10, Line 1(D) Crossing equipment maintenance, including how often
Page 10, Line 2a defect is identified, the type of defect identified, the
Page 10, Line 3corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken.
Page 10, Line 4(b) The office of rail safety shall summarize the data
Page 10, Line 5collected and analyzed pursuant to subsection (15)(a) of this
Page 10, Line 6section and include the summary in the annual report required
Page 10, Line 7by subsection (17)(b) of this section. The office of rail safety may
Page 10, Line 8determine that certain data is infeasible to collect. The office
Page 10, Line 9of rail safety shall consult with the community rail safety
Page 10, Line 10advisory committee and the rail industry safety advisory
Page 10, Line 11committee regarding any data that the office of rail safety
Page 10, Line 12determines is infeasible to collect and shall provide
Page 10, Line 13information to the committees as to why certain data may be infeasible to collect.
Page 10, Line 14(16) The office of rail safety shall ensure that data
Page 10, Line 15collected pursuant to this section that is not subject to
Page 10, Line 16exceptions under the "Colorado Open Records Act", part 2 of
Page 10, Line 17article 72 of title 24, is made available to the community rail
Page 10, Line 18safety advisory committee and the rail industry safety advisory committee.
Page 10, Line 19(17) (a) Beginning on July 1, 2027, the office of rail safety,
Page 10, Line 20in coordination with the department of public safety and the
Page 10, Line 21department of public health and environment, shall conduct a
Page 10, Line 22comprehensive assessment of the state's ability to respond to a
Page 10, Line 23large-scale release of hazardous materials from rail
Page 10, Line 24transportation. The assessment must include:
Page 11, Line 1(I) A determination of the number of first responders who
Page 11, Line 2are trained to respond to an emergency involving hazardous materials, their locations, and their training levels;
Page 11, Line 3(II) A summary of railroads' existing training provided to
Page 11, Line 4first responders, including through the use of virtual training
Page 11, Line 5or mobile training cars, and railroads' efforts to encourage enrollment in this training;
Page 11, Line 6(III) An inventory of the equipment available to deploy
Page 11, Line 7during an emergency involving hazardous materials, including
Page 11, Line 8current locations of hazmat response caches, to identify gaps in hazmat response relating to personnel, training, and equipment;
Page 11, Line 9(IV) Recommendations on ways to increase access to
Page 11, Line 10training for volunteer firefighters and incentives for them to attend the training described in section 40-20-310;
Page 11, Line 11(V) A map that identifies environmentally critical areas
Page 11, Line 12of the state, vulnerable environmental corridors, and
Page 11, Line 13disproportionally impacted communities that are adjacent to
Page 11, Line 14routes operated by freight trains and provides information
Page 11, Line 15about the types and amounts of hazardous materials generally
Page 11, Line 16transported along these routes for the purpose of determining what a large-scale release could involve;
Page 11, Line 17(VI) Recommendations on the types and number of
Page 11, Line 18additional caches of equipment and materials necessary to
Page 11, Line 19respond to environmentally critical areas and vulnerable
Page 11, Line 20environmental corridors for use by local first responders to
Page 11, Line 21conduct a safe and effective first response to an incident
Page 11, Line 22involving a large-scale release of hazardous materials, along
Page 12, Line 1with recommendations as to the best locations in the state at
Page 12, Line 2which to store equipment and materials ready for deployment by local first responders;
Page 12, Line 3(VII) The response plans of class I railroads, and the
Page 12, Line 4response plans of other emergency response and health entities
Page 12, Line 5that are expected to arrive at the site of a large-scale
Page 12, Line 6hazardous release prepared to assume responsibility for the
Page 12, Line 7containment, collection, cleanup, and remediation of the site, including:
Page 12, Line 8(A) An estimate of the number of personnel and the
Page 12, Line 9amount and type of equipment and materials required to address a large-scale release of hazardous materials;
Page 12, Line 10(B) A description of the best routes and the best modes of
Page 12, Line 11transportation to be used to transport personnel, equipment, and materials to critical areas of the state; and
Page 12, Line 12(C) An estimate of the amount of time required for
Page 12, Line 13personnel, equipment, and materials to be deployed to
Page 12, Line 14environmentally critical areas and vulnerable environmental corridors of the state; and
Page 12, Line 15(VIII) Any additional information that assists in the
Page 12, Line 16development of comprehensive plans to promptly deploy the
Page 12, Line 17state's local resources, immediately followed by the
Page 12, Line 18deployment of corporate railroad resources and those of other
Page 12, Line 19emergency response and health entities, to contain and collect,
Page 12, Line 20to the maximum extent possible, a large-scale release of hazardous materials in critical areas of the state.
Page 12, Line 21(b) On or before December 15, 2029, the office of rail
Page 13, Line 1safety shall report to the transportation, housing, and local
Page 13, Line 2government committee of the house of representatives and the
Page 13, Line 3transportation and energy committee of the senate, or their
Page 13, Line 4successor committees, summarizing the assessment conducted pursuant to subsection (17)(a) of this section.
Page 13, Line 5(c) The office of rail safety shall work with the
Page 13, Line 6community rail safety advisory committee and the rail industry
Page 13, Line 7safety advisory committee and relevant state agencies on
Page 13, Line 8implementing the recommendations of the assessment conducted
Page 13, Line 9pursuant to subsection (17)(a) of this section and report created pursuant to subsection (17)(b) of this section.
Page 13, Line 10(18) The office of rail safety shall assess the best
Page 13, Line 11practices for ensuring financial responsibility for response,
Page 13, Line 12cleanup, and damages from major rail events, including reviewing best practices from other states.
Page 13, Line 13(19) The office of rail safety shall monitor and assess communication issues impacting rail lines in the state, including:
Page 13, Line 14(a) Communication with state entities, including the department of public safety;
Page 13, Line 15(b) Communication issues between crews working on
Page 13, Line 16trains measuring more than eight thousand five hundred feet in length; and
Page 13, Line 17(c) Communication from wayside detectors to crews.
Page 13, Line 18SECTION 8. In Colorado Revised Statutes, add 40-20-311.5 as follows:
Page 13, Line 1940-20-311.5. Rail safety fee - rules - fund created.
Page 13, Line 20(1) (a) Beginning on July 1, 2027, and subject to the deadlines
Page 14, Line 1described in subsection (3)(a) of this section, the following types
Page 14, Line 2of railroads shall pay an annual fee to cover the office of rail
Page 14, Line 3safety's and the commission's direct and indirect costs of implementing the requirements of this article 20:
Page 14, Line 4(I) A class I railroad;
Page 14, Line 5(II) A railroad operating any line that was used by class
Page 14, Line 6I railroads as of July 1, 2024, except for a class II railroad or a
Page 14, Line 7class III railroad utilizing trackage rights or haulage rights in
Page 14, Line 8effect as of July 1, 2024, to operate on a line owned by a class I railroad; and
Page 14, Line 9(III) A passenger rail system.
Page 14, Line 10(b) (I) On or before September 30, 2026, the commission
Page 14, Line 11shall determine a methodology, through rule-making, for
Page 14, Line 12calculating the annual fee apportionment described in
Page 14, Line 13subsection (1)(a) of this section by rule for each railroad type
Page 14, Line 14described in subsection (1)(a) of this section operating within the
Page 14, Line 15state, totaling no less than the amount required for the office
Page 14, Line 16of rail safety to administer and enforce this article 20 and the
Page 14, Line 17railroads' related share of the commission's grade crossing
Page 14, Line 18safety program responsibilities described in section 40-4-106.The
Page 14, Line 19total amount collected pursuant to the annual fee must not
Page 14, Line 20exceed two million nine hundred thousand dollars in a calendar year.
Page 14, Line 21(II) The methodology for calculating the annual fee
Page 14, Line 22described in subsection (1)(a) of this section may include in the calculation:
Page 14, Line 23(A) The total train miles traveled in Colorado annually;
Page 15, Line 1(B) The total gross ton-miles of freight train cars, contents, and cabooses; and
Page 15, Line 2(C) The total public crossings.
Page 15, Line 3(III) The commission shall consult with and solicit
Page 15, Line 4comment from the community rail safety advisory committee
Page 15, Line 5and the rail industry safety advisory committee during the
Page 15, Line 6rule-making process to establish the fee calculation
Page 15, Line 7methodology and yearly calculation of the fee pursuant to this subsection (1).
Page 15, Line 8(IV) (A) The commission shall notify each railroad
Page 15, Line 9required to pay the annual fee described in subsection (1)(a) of
Page 15, Line 10this section of the amount of the annual fee for the upcoming
Page 15, Line 11state fiscal year on or before June 1, 2027, and on or before each June 1 thereafter.
Page 15, Line 12(B) The commission shall send a quarterly invoice to each
Page 15, Line 13railroad required to pay the annual fee described in subsection
Page 15, Line 14(1)(a) of this section on or before June 1, 2027. Thereafter, the
Page 15, Line 15commission shall send a quarterly invoice to each railroad
Page 15, Line 16required to pay the annual fee on or before September 1, December 1, March 1, and June 1 of each state fiscal year.
Page 15, Line 17(2) (a) The state treasurer shall credit the fees collected
Page 15, Line 18pursuant to this article 20 to the office of rail safety fund,
Page 15, Line 19which fund is created in the state treasury. The money in the
Page 15, Line 20fund is annually appropriated to the office of rail safety for the
Page 15, Line 21purposes set forth in this article 20 and for administering the
Page 15, Line 22railroads' share of the commission's grade crossing safety
Page 15, Line 23program responsibilities outlined in section 40-4-106. All
Page 16, Line 1interest earned from the deposit and investment of money in the fund is credited to the fund.
Page 16, Line 2(b) The office of railroad safety shall not expend money
Page 16, Line 3from the rail safety fund on equipment or hiring staff until July 1, 2027.
Page 16, Line 4(3) (a) Each railroad subject to the fee described in
Page 16, Line 5subsection (1)(a) of this section shall pay the fee to the
Page 16, Line 6commission in equal quarterly installments on or before July 1, October 1, January 1, and April 1 of each state fiscal year.
Page 16, Line 7(b) If a railroad does not pay the fee before a quarterly
Page 16, Line 8deadline described in subsection (3)(a) of this section, the
Page 16, Line 9commission shall charge the railroad a penalty of ten percent
Page 16, Line 10of the installment due plus interest at the rate of one percent
Page 16, Line 11per month on the amount of the unpaid installment until the
Page 16, Line 12full amount of the installment, penalty, and interest has been paid.
Page 16, Line 13(c) Upon failure, refusal, or neglect of any railroad to
Page 16, Line 14pay the fee or any penalty or interest, the attorney general
Page 16, Line 15shall commence an action on behalf of the state to collect the amount due.
Page 16, Line 16SECTION 9. In Colorado Revised Statutes, 40-20-313, amend (3) as follows:
Page 16, Line 1740-20-313. Rail industry safety advisory committee -
Page 16, Line 18membership - duties - rail safety plan - repeal. (3) Members of the rail
Page 16, Line 19industry safety advisory committee
serve without compensation but mustPage 16, Line 20
be reimbursed from money in the fund for actual and necessary expensesPage 16, Line 21
incurred in the performance of the members' duties pursuant to thisPage 17, Line 1
sectionPage 17, Line 2may receive per diem compensation from the office of rail safety
Page 17, Line 3created in section 40-20-311. Members of the rail industry safety
Page 17, Line 4advisory committee may be reimbursed for expenses incurred while performing their duties.
Page 17, Line 5SECTION 10. In Colorado Revised Statutes, 40-2-109, add (2)(a)(III) as follows:
Page 17, Line 640-2-109. Report to executive director of the department of
Page 17, Line 7revenue. (2) (a) On March 1 of each year, the public utilities commission
Page 17, Line 8shall furnish the executive director of the department of revenue with a
Page 17, Line 9list of those public utilities subject to its jurisdiction, supervision, and
Page 17, Line 10regulation on January 1 of each year. The provisions of this subsection (2) shall not apply to:
Page 17, Line 11(III) On and after July 1, 2027, railroads identified in
Page 17, Line 12section 40-20-311 (3) for inspection, investigation, and
Page 17, Line 13enforcement activities pursuant to part 3 of article 20 of this title 40.
Page 17, Line 14SECTION 11. In Colorado Revised Statutes, 43-1-220, add (3) as follows:
Page 17, Line 1543-1-220. Sources of funds - assumption of obligations.
Page 17, Line 16(3) All money credited or transferred to the state highway
Page 17, Line 17fund pursuant to sections 40-20-308 (3) and 40-20-309 (4) must be
Page 17, Line 18expended by the transit and rail division in the department of transportation for purposes described in section 40-20-309.5 (1).
Page 17, Line 19SECTION 12. Severability. If any provision of this act or the
Page 17, Line 20application of this act to any person or circumstance is held invalid, the
Page 17, Line 21invalidity does not affect other provisions or applications of the act that
Page 18, Line 1can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Page 18, Line 2SECTION 13. Safety clause. The general assembly finds,
Page 18, Line 3determines, and declares that this act is necessary for the immediate
Page 18, Line 4preservation of the public peace, health, or safety or for appropriations for
Page 18, Line 5the support and maintenance of the departments of the state and state institutions.