A Bill for an Act
Page 1, Line 101Concerning the allocation of costs to maintain railroad
Page 1, Line 102crossings in the state.
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 the public utilities commission (commission) to adopt rules requiring that, unless the applicable road authority is a local government, the total costs to maintain an existing railroad crossing (total costs) are shared equally between the railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track (railroad) and the applicable road authority. If the applicable road authority is a local government, the commission must adopt rules that require the total costs to be apportioned as follows:
- The railroad is responsible for the costs to maintain the portion of the existing railroad crossing that is between the ends of the railroad ties; and
- The local government is responsible for the costs to maintain the portion of the existing railroad crossing that is outside of the ends of the railroad ties.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 40-4-106, add (5) and (6) as follows:
Page 2, Line 340-4-106. Rules for public safety - crossings - civil fines -
Page 2, Line 4allocation of expenses - definitions. (5) Notwithstanding any
Page 2, Line 5provision of law to the contrary, the commission shall adopt rules requiring that:
Page 2, Line 6(a) Unless the applicable road authority is a local
Page 2, Line 7government, the total costs to maintain an existing crossing,
Page 2, Line 8including materials, labor, traffic control, railroad flagging, and any necessary permits, are shared equally between:
Page 2, Line 9(I) The railroad, railroad corporation, rail fixed guideway, transit agency, or owner of the track; and
Page 2, Line 10(II) The road authority; and
Page 2, Line 11(b) If the applicable road authority is a local
Page 2, Line 12government, the total costs to maintain an existing crossing are apportioned as follows:
Page 2, Line 13(I) The railroad, railroad corporation, rail fixed
Page 2, Line 14guideway, transit agency, or owner of the track is responsible
Page 2, Line 15for the costs to maintain the portion of the existing crossing
Page 2, Line 16that is between the ends of the railroad ties; and
Page 3, Line 1(II) The local government is responsible for the costs to
Page 3, Line 2maintain the portion of the existing crossing that is outside of the ends of the railroad ties.
Page 3, Line 3(6) As used in this section, unless the context otherwise requires:
Page 3, Line 4(a) "Crossing" means a highway-rail crossing or a pathway crossing.
Page 3, Line 5(b) "Highway-rail crossing" has the meaning set forth in section 40-20-302 (11).
Page 3, Line 6(c) (I) "Maintain" means actions necessary to preserve an
Page 3, Line 7existing crossing and to keep the crossing from a state of decline or disrepair.
Page 3, Line 8(II) "Maintain" does not include the installation,
Page 3, Line 9reconstruction, or improvement and operation of an automatic
Page 3, Line 10or other safety appliance signal or device, as described in subsection (2)(b) of this section.
Page 3, Line 11(d) "Pathway crossing" has the meaning set forth in section 40-20-302 (16).
Page 3, Line 12(e) "Rail fixed guideway" means a person possessing rail fixed guideway system facilities by ownership or lease.
Page 3, Line 13(f) (I) "Rail fixed guideway system" has the meaning set forth in section 40-18-101 (3).
Page 3, Line 14(II) "Rail fixed guideway system" includes street
Page 3, Line 15railroads, street railways, and electric railroads, as those terms are used in article 24 of this title 40.
Page 3, Line 16(g) (I) "Railroad" means either of the following, as the
Page 3, Line 17context may require:
Page 4, Line 1(A) Facilities, including: Tracks; track roads; bridges
Page 4, Line 2used or operated in connection with the tracks or track roads;
Page 4, Line 3switches; spurs; and terminal facilities, freight depots, yards,
Page 4, Line 4and grounds, including rights-of-way, used or necessary for the transportation of passengers or property; or
Page 4, Line 5(B) A person possessing the facilities described in subsection (6)(g)(I)(A) of this section by ownership or lease.
Page 4, Line 6(II) "Railroad" does not include rail fixed guideways or rail fixed guideway systems.
Page 4, Line 7(h) "Railroad corporation" means five or more persons
Page 4, Line 8associating to form a company for the purpose of constructing and operating a railroad in accordance with section 40-20-101.
Page 4, Line 9(i) "Road authority" means a municipality, county, state
Page 4, Line 10agency, federal agency, or other governmental or
Page 4, Line 11quasi-governmental entity that owns or maintains the public
Page 4, Line 12highway at a highway-rail crossing or the public pathway at a pathway crossing.
Page 4, Line 13(j) "Transit agency" has the meaning set forth in section 40-18-101 (6).
Page 4, Line 14SECTION 2. Act subject to petition - effective date -
Page 4, Line 15applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 4, Line 16the expiration of the ninety-day period after final adjournment of the
Page 4, Line 17general assembly; except that, if a referendum petition is filed pursuant
Page 4, Line 18to section 1 (3) of article V of the state constitution against this act or an
Page 4, Line 19item, section, or part of this act within such period, then the act, item,
Page 4, Line 20section, or part will not take effect unless approved by the people at the
Page 4, Line 21general election to be held in November 2026 and, in such case, will take
Page 5, Line 1effect on the date of the official declaration of the vote thereon by the governor.
Page 5, Line 2(2) This act applies to costs accrued on or after the effective date
Page 5, Line 3of this act unless the costs accrue pursuant to an agreement entered into
Page 5, Line 4by the parties before the effective date of this act, which agreement provides for the distribution of the costs to be shared between the parties.