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.
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; and
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(2) Therefore, the general assembly declares that Colorado must
Page 3, Line 18fund the office of rail safety to fulfill its mandate of ensuring that rail
Page 3, Line 19operations in Colorado meet the highest standards of safety and reliability.
Page 3, Line 20SECTION 2. In Colorado Revised Statutes, 40-20-302, add (5.5), (8.5), and (23.5) as follows:
Page 3, Line 2140-20-302. Definitions. As used in this part 3, unless the context otherwise requires:
Page 4, Line 1(5.5) "Corrective action" means an activity conducted to
Page 4, Line 2ensure that a railroad track, a car, a locomotive, crossing
Page 4, Line 3equipment, signal equipment, or other facility of a railroad is in good condition and that a train runs safely and smoothly.
Page 4, Line 4(8.5) "Environmentally critical area" means an area or feature that is of significant ecological value, including a:
Page 4, Line 5(a) Stream corridor;
(b) Headwater;
Page 4, Line 6(c) Wetland;
Page 4, Line 7(d) Federal, state, or locally designated public land or natural area site;
Page 4, Line 8(e) Natural heritage priority site;
(f) Habitat of endangered or threatened species;
Page 4, Line 9(g) Large area of a contiguous open space or forest;
(h) Steep slope;
Page 4, Line 10(i) Geological heritage site; or
(j) Groundwater recharge area.
Page 4, Line 11(23.5) "Vulnerable environmental corridor" means a
Page 4, Line 12continuous system of open space that serves as a key linkage
Page 4, Line 13point for habitat and species, including wildlife or ecological corridors.
Page 4, Line 14SECTION 3. In Colorado Revised Statutes, 40-20-306, amend (1) introductory portion and (4); and add (5) and (6) as follows:
Page 4, Line 1540-20-306. Emergency notifications - accident response -
Page 4, Line 16immunity from civil liability - report. (1) Within thirty minutes after
Page 4, Line 17discovering an emergency involving a train, unless communication is
Page 5, Line 1impossible, the railroad operating the train shall notify the state's watch
Page 5, Line 2center in the department of public safety of the emergency by
Page 5, Line 3telephone or another agreed-upon method of communication to ensure
Page 5, Line 4that authorities can respond swiftly and appropriately. Emergency conditions that require a railroad to provide such notice include:
Page 5, Line 5(4) (a)
A railroad that provides a notification described inPage 5, Line 6
subsection (1) of this section shall also notify the community rail safetyPage 5, Line 7
advisory committee and the rail industry safety advisory committee of thePage 5, Line 8
incident within thirty days after providing the notification described inPage 5, Line 9
subsection (1) of this sectionPage 5, Line 10emergency notification described in subsection (1) of this
Page 5, Line 11section, the state's watch center in the department of public
Page 5, Line 12safety shall notify the commission and the office of rail safety
Page 5, Line 13of the incident. The notification must include the information listed in subsection (2) of this section.
Page 5, Line 14(b) Within thirty days after receiving the emergency
Page 5, Line 15notification described in subsection (4)(a) of this section, the
Page 5, Line 16office of rail safety shall notify the community rail safety
Page 5, Line 17advisory committee and the rail industry safety advisory
Page 5, Line 18committee of the incident. The notification must include the information listed in subsection (2) of this section.
Page 5, Line 19(5) (a) A crew member of a train operated by a railroad
Page 5, Line 20may communicate with first responders during an emergency
Page 5, Line 21situation after notifying the railroad dispatch. A crew member
Page 5, Line 22has discretion in determining the appropriate response to the emergency situation, including cutting the crossing.
Page 5, Line 23(b) A railroad employee or a crew member of a train
Page 6, Line 1operated by a railroad is immune from civil liability and is not
Page 6, Line 2liable in civil damages for actions taken in good faith in the
Page 6, Line 3course of a response to an emergency situation pursuant to subsection (5)(a) of this section.
Page 6, Line 4(6) (a) On or before February 1, 2026, and on or before
Page 6, Line 5February 1 of each year thereafter, the commission shall
Page 6, Line 6provide a report to the transportation, housing, and local
Page 6, Line 7government committee of the house of representatives and the
Page 6, Line 8transportation and energy committee of the senate, or their
Page 6, Line 9successor committees, containing the details of the information reported pursuant to subsection (2) of this section.
Page 6, Line 10(b) Notwithstanding section 24-1-136 (11)(a)(I), the
Page 6, Line 11reporting requirement described in subsection (6)(a) of this section continues indefinitely.
Page 6, Line 12SECTION 4. In Colorado Revised Statutes, 40-20-311, amend
Page 6, Line 13(3) introductory portion, (5), (6), and (9); and add (15), (16), (17), (18), and (19) as follows:
Page 6, Line 1440-20-311. Office of rail safety - agreement with federal
Page 6, Line 15railroad administration - duties of commission - inspections -
Page 6, Line 16information gathering - reports - rules - repeal. (3) The commission
Page 6, Line 17
the department of public safety, and the department of transportation shallPage 6, Line 18
engage in inspection and investigation activitiesPage 6, Line 19inspect, investigate, and regulate, as described in 49 CFR 212,
toPage 6, Line 20
addressPage 6, Line 21any provision of this section, the authority of the commission
thePage 6, Line 22
department of public safety, and the department of transportationPage 6, Line 23engage in inspection,
andPage 7, Line 1(5) An interested party may request that the commission
thePage 7, Line 2
department of public safety, or the department of transportationPage 7, Line 3(6) The commission
the department of public safety, or thePage 7, Line 4
department of transportationPage 7, Line 53 or any other safety concern to the federal railroad administration or the federal surface transportation board.
Page 7, Line 6(9) The commission
the department of public safety, and thePage 7, Line 7
department of transportation arePage 7, Line 8(15) (a) The office of rail safety shall collect and
Page 7, Line 9analyze data to create a more comprehensive understanding of
Page 7, Line 10rail safety. The office of rail safety shall work to compile
Page 7, Line 11existing data collected by the federal railroad administration
Page 7, Line 12and compile additional data on covered railroads and facilities, including:
Page 7, Line 13(I) The average train length and data on trains over eight thousand five hundred feet in length;
Page 7, Line 14(II) Train configuration;
(III) Train wheel axle count;
Page 7, Line 15(IV) Wayside detector information, including information
Page 7, Line 16required in wayside detector reporting pursuant to section 40-20-303;
Page 7, Line 17(V) Blocked public crossing locations by United States
Page 7, Line 18department of transportation inventory number, duration of
Page 7, Line 19blockage, and reason for blockage; and
(VI) Maintenance activity, including:
Page 8, Line 1(A) Car and locomotive maintenance, including how often
Page 8, Line 2a defect is identified, the type of defect identified, the
Page 8, Line 3corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken;
Page 8, Line 4(B) Track maintenance, including how often a defect is
Page 8, Line 5identified, the type of defect identified, the corrective action
Page 8, Line 6recommended, the corrective action taken, and when corrective action, if necessary, was taken;
Page 8, Line 7(C) Signal equipment maintenance, including how often a
Page 8, Line 8defect is identified, the type of defect identified, the corrective
Page 8, Line 9action recommended, the corrective action taken, and when corrective action, if necessary, was taken; and
Page 8, Line 10(D) Crossing equipment maintenance, including how often
Page 8, Line 11a defect is identified, the type of defect identified, the
Page 8, Line 12corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken.
Page 8, Line 13(b) The office of rail safety shall summarize the data
Page 8, Line 14collected and analyzed pursuant to subsection (15)(a) of this
Page 8, Line 15section and include the summary in the annual report required
Page 8, Line 16by subsection (17)(b) of this section. The office of rail safety
Page 8, Line 17shall consult with the community rail safety advisory
Page 8, Line 18committee and the rail industry safety advisory committee
Page 8, Line 19regarding any data that the office of rail safety determines is
Page 8, Line 20infeasible to collect and shall provide information to the committees as to why certain data may be infeasible to collect.
Page 8, Line 21(16) The office of rail safety shall ensure that data
Page 9, Line 1collected pursuant to this section that is not subject to
Page 9, Line 2exceptions under the "Colorado Open Records Act", part 2 of
Page 9, Line 3article 72 of title 24, is made available to the community rail
Page 9, Line 4safety advisory committee and the rail industry safety advisory committee.
Page 9, Line 5(17) (a) The office of rail safety, in coordination with the
Page 9, Line 6department of public safety and the department of public health
Page 9, Line 7and environment, shall conduct a comprehensive assessment of
Page 9, Line 8the state's ability to respond to a large-scale release of
Page 9, Line 9hazardous materials from rail transportation. The assessment must include:
Page 9, Line 10(I) A determination of the number of first responders who
Page 9, Line 11are trained to respond to an emergency involving hazardous materials, their locations, and their training levels;
Page 9, Line 12(II) An inventory of the equipment available to deploy
Page 9, Line 13during an emergency involving hazardous materials, including
Page 9, Line 14current locations of hazmat response caches, to identify gaps in hazmat response relating to personnel, training, and equipment;
Page 9, Line 15(III) Recommendations on ways to increase access to
Page 9, Line 16training for volunteer firefighters and incentives for them to attend the training described in section 40-20-310;
Page 9, Line 17(IV) A map that identifies environmentally critical areas
Page 9, Line 18of the state, vulnerable environmental corridors, and
Page 9, Line 19disproportionally impacted communities that are adjacent to
Page 9, Line 20routes operated by freight trains and provides information
Page 9, Line 21about the types and amounts of hazardous materials generally
Page 9, Line 22transported along these routes for the purpose of determining what a large-scale release could involve;
Page 10, Line 1(V) Recommendations on the types and number of
Page 10, Line 2additional caches of equipment and materials necessary to
Page 10, Line 3respond to environmentally critical areas and vulnerable
Page 10, Line 4environmental corridors for use by local first responders to
Page 10, Line 5conduct a safe and effective first response to an incident
Page 10, Line 6involving a large-scale release of hazardous materials, along
Page 10, Line 7with recommendations as to the best locations in the state at
Page 10, Line 8which to store equipment and materials ready for deployment by local first responders;
Page 10, Line 9(VI) The response plans of class I railroads, and the
Page 10, Line 10response plans of other emergency response and health entities
Page 10, Line 11that are expected to arrive at the site of a large-scale
Page 10, Line 12hazardous release prepared to assume responsibility for the
Page 10, Line 13containment, collection, cleanup, and remediation of the site, including:
Page 10, Line 14(A) An estimate of the number of personnel and the
Page 10, Line 15amount and type of equipment and materials required to address a large-scale release of hazardous materials;
Page 10, Line 16(B) A description of the best routes and the best modes of
Page 10, Line 17transportation to be used to transport personnel, equipment, and materials to critical areas of the state; and
Page 10, Line 18(C) An estimate of the amount of time required for
Page 10, Line 19personnel, equipment, and materials to be deployed to
Page 10, Line 20environmentally critical areas and vulnerable environmental corridors of the state; and
Page 10, Line 21(VII) Any additional information that assists in the
Page 11, Line 1development of comprehensive plans to promptly deploy the
Page 11, Line 2state's local resources, immediately followed by the
Page 11, Line 3deployment of corporate railroad resources and those of other
Page 11, Line 4emergency response and health entities, to contain and collect,
Page 11, Line 5to the maximum extent possible, a large-scale release of hazardous materials in critical areas of the state.
Page 11, Line 6(b) On or before December 15, 2026, the office of rail
Page 11, Line 7safety shall report to the transportation, housing, and local
Page 11, Line 8government committee of the house of representatives and the
Page 11, Line 9transportation and energy committee of the senate, or their
Page 11, Line 10successor committees, summarizing the assessment conducted pursuant to subsection (17)(a) of this section.
Page 11, Line 11(c) The office of rail safety shall work with the
Page 11, Line 12community rail safety advisory committee and the rail industry
Page 11, Line 13safety advisory committee and relevant state agencies on
Page 11, Line 14implementing the recommendations of the assessment conducted
Page 11, Line 15pursuant to subsection (17)(a) of this section and report created pursuant to subsection (17)(b) of this section.
Page 11, Line 16(18) The office of rail safety shall assess the best
Page 11, Line 17practices for ensuring financial responsibility for response,
Page 11, Line 18cleanup, and damages from major rail events, including reviewing best practices from other states.
Page 11, Line 19(19) The office of rail safety shall monitor and assess communication issues impacting rail lines in the state, including:
Page 11, Line 20(a) Communication with state entities, including the department of public safety;
Page 11, Line 21(b) Communication issues between crews working on
Page 12, Line 1trains measuring more than eight thousand five hundred feet in length; and
Page 12, Line 2(c) Communication from wayside detectors to crews.
Page 12, Line 3SECTION 5. In Colorado Revised Statutes, add 40-20-311.5 as follows:
Page 12, Line 440-20-311.5. Rail safety fee - rules - fund created. (1) (a) The
Page 12, Line 5following types of railroads shall pay an annual fee to cover
Page 12, Line 6the office of rail safety's and the commission's direct and
Page 12, Line 7indirect costs of implementing the requirements of this article 20:
Page 12, Line 8(I) A class I railroad;
Page 12, Line 9(II) A railroad operating any line that was used by class I railroads as of July 1, 2024; and
Page 12, Line 10(III) A passenger railroad.
Page 12, Line 11(b) (I) The commission shall determine a methodology for
Page 12, Line 12calculating the annual fee described in subsection (1)(a) of this
Page 12, Line 13section by rule for each railroad type described in subsection
Page 12, Line 14(1)(a) of this section operating within the state, totaling no less
Page 12, Line 15than the amount required for the office of rail safety to
Page 12, Line 16administer and enforce this article 20 and the railroads'
Page 12, Line 17related share of the commission's grade crossing safety program responsibilities described in section 40-4-106.
Page 12, Line 18(II) The methodology for calculating the annual fee
Page 12, Line 19described in subsection (1)(a) of this section must include in the calculation:
Page 12, Line 20(A) The total train miles traveled in Colorado annually;
Page 12, Line 21(B) The total gross ton-miles of freight train cars, contents, and cabooses; and
Page 13, Line 1(C) The total public crossings.
Page 13, Line 2(III) The commission shall consult with and solicit
Page 13, Line 3comment from the community rail safety advisory committee
Page 13, Line 4and the rail industry safety advisory committee during the
Page 13, Line 5rule-making process to establish the fee calculation
Page 13, Line 6methodology and yearly calculation of the fee pursuant to this subsection (1).
Page 13, Line 7(2) The state treasurer shall credit the fees collected
Page 13, Line 8pursuant to this article 20 to the office of rail safety fund,
Page 13, Line 9which fund is created in the state treasury. The money in the
Page 13, Line 10fund is continuously appropriated to the office of rail safety
Page 13, Line 11for the purposes set forth in this article 20 and for
Page 13, Line 12administering the railroads' share of the commission's grade
Page 13, Line 13crossing safety program responsibilities outlined in section
Page 13, Line 1440-4-106. All interest earned from the deposit and investment of money in the fund is credited to the fund.
Page 13, Line 15(3) (a) Each railroad subject to the fee described in
Page 13, Line 16subsection (1)(a) of this section shall pay the fee to the
Page 13, Line 17commission in equal quarterly installments on or before July
Page 13, Line 1815, October 15, January 15, and April 15 of each state fiscal year.
Page 13, Line 19(b) If a railroad does not pay the fee before a quarterly
Page 13, Line 20deadline described in subsection (3)(a) of this section, the
Page 13, Line 21commission shall charge the railroad a penalty of ten percent
Page 13, Line 22of the installment due plus interest at the rate of one percent
Page 13, Line 23per month on the amount of the unpaid installment until the
Page 14, Line 1full amount of the installment, penalty, and interest has been paid.
Page 14, Line 2(c) Upon failure, refusal, or neglect of any railroad to
Page 14, Line 3pay the fee or any penalty or interest, the attorney general
Page 14, Line 4shall commence an action on behalf of the state to collect the amount due.
Page 14, Line 5SECTION 6. In Colorado Revised Statutes, 40-2-109, add (2)(a)(III) as follows:
Page 14, Line 640-2-109. Report to executive director of the department of
Page 14, Line 7revenue. (2) (a) On March 1 of each year, the public utilities commission
Page 14, Line 8shall furnish the executive director of the department of revenue with a
Page 14, Line 9list of those public utilities subject to its jurisdiction, supervision, and
Page 14, Line 10regulation on January 1 of each year. The provisions of this subsection (2) shall not apply to:
Page 14, Line 11(III) Railroads identified in section 40-20-311 (3) for
Page 14, Line 12inspection and investigation activities pursuant to part 3 of article 20 of this title 40.
Page 14, Line 13SECTION 7. Safety clause. The general assembly finds,
Page 14, Line 14determines, and declares that this act is necessary for the immediate
Page 14, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 14, Line 16the support and maintenance of the departments of the state and state institutions.