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; and
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, add (5.5), (8.5), and (23.5) as follows:
Page 4, Line 240-20-302. Definitions. 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(23.5) "Vulnerable environmental corridor" means a
Page 4, Line 14continuous system of open space that serves as a key linkage
Page 4, Line 15point for habitat and species, including wildlife or ecological corridors.
Page 4, Line 16SECTION 3. In Colorado Revised Statutes, 40-20-306, amend (1) introductory portion and (4); and add (5) and (6) as follows:
Page 5, Line 140-20-306. Emergency notifications - accident response -
Page 5, Line 2immunity from civil liability - report. (1) Within thirty minutes after
Page 5, Line 3discovering an emergency involving a train, unless communication is
Page 5, Line 4impossible, the railroad operating the train shall notify the state's watch
Page 5, Line 5center in the department of public safety of the emergency by
Page 5, Line 6telephone or another agreed-upon method of communication to ensure
Page 5, Line 7that authorities can respond swiftly and appropriately. Emergency conditions that require a railroad to provide such notice include:
Page 5, Line 8(4) (a)
A railroad that provides a notification described inPage 5, Line 9
subsection (1) of this section shall also notify the community rail safetyPage 5, Line 10
advisory committee and the rail industry safety advisory committee of thePage 5, Line 11
incident within thirty days after providing the notification described inPage 5, Line 12
subsection (1) of this sectionPage 5, Line 13emergency notification described in subsection (1) of this
Page 5, Line 14section, the state's watch center in the department of public
Page 5, Line 15safety shall notify the commission and the office of rail safety
Page 5, Line 16of the incident. The notification must include the information listed in subsection (2) of this section.
Page 5, Line 17(b) Within thirty days after receiving the emergency
Page 5, Line 18notification described in subsection (4)(a) of this section, the
Page 5, Line 19office of rail safety shall notify the community rail safety
Page 5, Line 20advisory committee and the rail industry safety advisory
Page 5, Line 21committee of the incident. The notification must include the information listed in subsection (2) of this section.
Page 5, Line 22(5) (a) A crew member of a train operated by a railroad
Page 5, Line 23may communicate with first responders during an emergency
Page 6, Line 1situation after notifying the railroad dispatch. A crew member
Page 6, Line 2has discretion in determining the appropriate response to the emergency situation, including cutting the crossing.
Page 6, Line 3(b) A railroad employee or a crew member of a train
Page 6, Line 4operated by a railroad is immune from civil liability and is not
Page 6, Line 5liable in civil damages for actions taken in good faith in the
Page 6, Line 6course of a response to an emergency situation pursuant to subsection (5)(a) of this section.
Page 6, Line 7(6) (a) On or before February 1, 2026, and on or before
Page 6, Line 8February 1 of each year thereafter, the commission shall
Page 6, Line 9provide a report to the transportation, housing, and local
Page 6, Line 10government committee of the house of representatives and the
Page 6, Line 11transportation and energy committee of the senate, or their
Page 6, Line 12successor committees, containing the details of the information reported pursuant to subsection (2) of this section.
Page 6, Line 13(b) Notwithstanding section 24-1-136 (11)(a)(I), the
Page 6, Line 14reporting requirement described in subsection (6)(a) of this section continues indefinitely.
Page 6, Line 15SECTION 4. In Colorado Revised Statutes, 40-20-311, amend
Page 6, Line 16(3) introductory portion, (5), (6), and (9); and add (15), (16), (17), (18), and (19) as follows:
Page 6, Line 1740-20-311. Office of rail safety - agreement with federal
Page 6, Line 18railroad administration - duties of commission - inspections -
Page 6, Line 19information gathering - reports - rules - repeal. (3) The commission
Page 6, Line 20
the department of public safety, and the department of transportation shallPage 6, Line 21
engage in inspection and investigation activitiesPage 6, Line 22inspect, investigate, and regulate, as described in 49 CFR 212,
toPage 7, Line 1
addressPage 7, Line 2any provision of this section, the authority of the commission
thePage 7, Line 3
department of public safety, and the department of transportationPage 7, Line 4engage in inspection,
andPage 7, Line 5(5) An interested party may request that the commission
thePage 7, Line 6
department of public safety, or the department of transportationPage 7, Line 7(6) The commission
the department of public safety, or thePage 7, Line 8
department of transportationPage 7, Line 93 or any other safety concern to the federal railroad administration or the federal surface transportation board.
Page 7, Line 10(9) The commission
the department of public safety, and thePage 7, Line 11
department of transportation arePage 7, Line 12(15) (a) The office of rail safety shall collect and
Page 7, Line 13analyze data to create a more comprehensive understanding of
Page 7, Line 14rail safety. The office of rail safety shall work to compile
Page 7, Line 15existing data collected by the federal railroad administration
Page 7, Line 16and compile additional data on covered railroads and facilities, including:
Page 7, Line 17(I) The average train length and data on trains over eight thousand five hundred feet in length;
Page 7, Line 18(II) Train configuration;
(III) Train wheel axle count;
Page 7, Line 19(IV) Wayside detector information, including information
Page 7, Line 20required in wayside detector reporting pursuant to section 40-20-303;
Page 8, Line 1(V) Blocked public crossing locations by United States
Page 8, Line 2department of transportation inventory number, duration of blockage, and reason for blockage; and
Page 8, Line 3(VI) Maintenance activity, including:
Page 8, Line 4(A) Car and locomotive maintenance, including how often
Page 8, Line 5a defect is identified, the type of defect identified, the
Page 8, Line 6corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken;
Page 8, Line 7(B) Track maintenance, including how often a defect is
Page 8, Line 8identified, the type of defect identified, the corrective action
Page 8, Line 9recommended, the corrective action taken, and when corrective action, if necessary, was taken;
Page 8, Line 10(C) Signal equipment maintenance, including how often a
Page 8, Line 11defect is identified, the type of defect identified, the corrective
Page 8, Line 12action recommended, the corrective action taken, and when corrective action, if necessary, was taken; and
Page 8, Line 13(D) Crossing equipment maintenance, including how often
Page 8, Line 14a defect is identified, the type of defect identified, the
Page 8, Line 15corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken.
Page 8, Line 16(b) The office of rail safety shall summarize the data
Page 8, Line 17collected and analyzed pursuant to subsection (15)(a) of this
Page 8, Line 18section and include the summary in the annual report required
Page 8, Line 19by subsection (17)(b) of this section. The office of rail safety
Page 8, Line 20shall consult with the community rail safety advisory
Page 8, Line 21committee and the rail industry safety advisory committee
Page 9, Line 1regarding any data that the office of rail safety determines is
Page 9, Line 2infeasible to collect and shall provide information to the committees as to why certain data may be infeasible to collect.
Page 9, Line 3(16) The office of rail safety shall ensure that data
Page 9, Line 4collected pursuant to this section that is not subject to
Page 9, Line 5exceptions under the "Colorado Open Records Act", part 2 of
Page 9, Line 6article 72 of title 24, is made available to the community rail
Page 9, Line 7safety advisory committee and the rail industry safety advisory committee.
Page 9, Line 8(17) (a) Beginning on February 1, 2027, the office of rail
Page 9, Line 9safety, in coordination with the department of public safety and
Page 9, Line 10the department of public health and environment, shall conduct
Page 9, Line 11a comprehensive assessment of the state's ability to respond to
Page 9, Line 12a large-scale release of hazardous materials from rail transportation. The assessment must include:
Page 9, Line 13(I) A determination of the number of first responders who
Page 9, Line 14are trained to respond to an emergency involving hazardous materials, their locations, and their training levels;
Page 9, Line 15(II) A summary of railroads' existing training provided to
Page 9, Line 16first responders, including through the use of virtual training
Page 9, Line 17or mobile training cars, and railroads' efforts to encourage enrollment in this training;
Page 9, Line 18(III) An inventory of the equipment available to deploy
Page 9, Line 19during an emergency involving hazardous materials, including
Page 9, Line 20current locations of hazmat response caches, to identify gaps in hazmat response relating to personnel, training, and equipment;
Page 9, Line 21(IV) Recommendations on ways to increase access to
Page 10, Line 1training for volunteer firefighters and incentives for them to attend the training described in section 40-20-310;
Page 10, Line 2(V) A map that identifies environmentally critical areas
Page 10, Line 3of the state, vulnerable environmental corridors, and
Page 10, Line 4disproportionally impacted communities that are adjacent to
Page 10, Line 5routes operated by freight trains and provides information
Page 10, Line 6about the types and amounts of hazardous materials generally
Page 10, Line 7transported along these routes for the purpose of determining what a large-scale release could involve;
Page 10, Line 8(VI) Recommendations on the types and number of
Page 10, Line 9additional caches of equipment and materials necessary to
Page 10, Line 10respond to environmentally critical areas and vulnerable
Page 10, Line 11environmental corridors for use by local first responders to
Page 10, Line 12conduct a safe and effective first response to an incident
Page 10, Line 13involving a large-scale release of hazardous materials, along
Page 10, Line 14with recommendations as to the best locations in the state at
Page 10, Line 15which to store equipment and materials ready for deployment by local first responders;
Page 10, Line 16(VII) The response plans of class I railroads, and the
Page 10, Line 17response plans of other emergency response and health entities
Page 10, Line 18that are expected to arrive at the site of a large-scale
Page 10, Line 19hazardous release prepared to assume responsibility for the
Page 10, Line 20containment, collection, cleanup, and remediation of the site, including:
Page 10, Line 21(A) An estimate of the number of personnel and the
Page 10, Line 22amount and type of equipment and materials required to address
Page 10, Line 23a large-scale release of hazardous materials;
Page 11, Line 1(B) A description of the best routes and the best modes of
Page 11, Line 2transportation to be used to transport personnel, equipment, and materials to critical areas of the state; and
Page 11, Line 3(C) An estimate of the amount of time required for
Page 11, Line 4personnel, equipment, and materials to be deployed to
Page 11, Line 5environmentally critical areas and vulnerable environmental corridors of the state; and
Page 11, Line 6(VIII) Any additional information that assists in the
Page 11, Line 7development of comprehensive plans to promptly deploy the
Page 11, Line 8state's local resources, immediately followed by the
Page 11, Line 9deployment of corporate railroad resources and those of other
Page 11, Line 10emergency response and health entities, to contain and collect,
Page 11, Line 11to the maximum extent possible, a large-scale release of hazardous materials in critical areas of the state.
Page 11, Line 12(b) On or before December 15, 2027, the office of rail
Page 11, Line 13safety shall report to the transportation, housing, and local
Page 11, Line 14government committee of the house of representatives and the
Page 11, Line 15transportation and energy committee of the senate, or their
Page 11, Line 16successor committees, summarizing the assessment conducted pursuant to subsection (17)(a) of this section.
Page 11, Line 17(c) The office of rail safety shall work with the
Page 11, Line 18community rail safety advisory committee and the rail industry
Page 11, Line 19safety advisory committee and relevant state agencies on
Page 11, Line 20implementing the recommendations of the assessment conducted
Page 11, Line 21pursuant to subsection (17)(a) of this section and report created pursuant to subsection (17)(b) of this section.
Page 11, Line 22(18) The office of rail safety shall assess the best
Page 12, Line 1practices for ensuring financial responsibility for response,
Page 12, Line 2cleanup, and damages from major rail events, including reviewing best practices from other states.
Page 12, Line 3(19) The office of rail safety shall monitor and assess communication issues impacting rail lines in the state, including:
Page 12, Line 4(a) Communication with state entities, including the department of public safety;
Page 12, Line 5(b) Communication issues between crews working on
Page 12, Line 6trains measuring more than eight thousand five hundred feet in length; and
Page 12, Line 7(c) Communication from wayside detectors to crews.
Page 12, Line 8SECTION 5. In Colorado Revised Statutes, add 40-20-311.5 as follows:
Page 12, Line 940-20-311.5. Rail safety fee - rules - fund created.
Page 12, Line 10(1) (a) Beginning on or before January 1, 2027, and subject to the
Page 12, Line 11deadlines described in subsection (3)(a) of this section, the
Page 12, Line 12following types of railroads shall pay an annual fee to cover
Page 12, Line 13the office of rail safety's and the commission's direct and
Page 12, Line 14indirect costs of implementing the requirements of this article 20:
Page 12, Line 15(I) A class I railroad;
Page 12, Line 16(II) A railroad operating any line that was used by class I railroads as of July 1, 2024; and
Page 12, Line 17(III) A passenger rail system.
Page 12, Line 18(b) (I) On or before September 30, 2026, the commission
Page 12, Line 19shall determine a methodology, through rulemaking, for
Page 12, Line 20calculating the annual fee described in subsection (1)(a) of this
Page 13, Line 1section by rule for each railroad type described in subsection
Page 13, Line 2(1)(a) of this section operating within the state, totaling no less
Page 13, Line 3than the amount required for the office of rail safety to
Page 13, Line 4administer and enforce this article 20 and the railroads'
Page 13, Line 5related share of the commission's grade crossing safety program
Page 13, Line 6responsibilities described in section 40-4-106.The total amount
Page 13, Line 7collected pursuant to the annual fee must not exceed four million eight hundred thousand dollars in a calendar year.
Page 13, Line 8(II) The methodology for calculating the annual fee
Page 13, Line 9described in subsection (1)(a) of this section may include in the calculation:
Page 13, Line 10(A) The total train miles traveled in Colorado annually;
Page 13, Line 11(B) The total gross ton-miles of freight train cars, contents, and cabooses; and
Page 13, Line 12(C) The total public crossings.
Page 13, Line 13(III) The commission shall consult with and solicit
Page 13, Line 14comment from the community rail safety advisory committee
Page 13, Line 15and the rail industry safety advisory committee during the
Page 13, Line 16rule-making process to establish the fee calculation
Page 13, Line 17methodology and yearly calculation of the fee pursuant to this subsection (1).
Page 13, Line 18(IV) (A) The commission shall notify each railroad
Page 13, Line 19required to pay the annual fee described in subsection (1)(a) of
Page 13, Line 20this section of the amount of the annual fee for the upcoming
Page 13, Line 21state fiscal year on or before December 1, 2026, and on or before each December 1 thereafter.
Page 13, Line 22(B) The commission shall send a quarterly invoice to each
Page 14, Line 1railroad required to pay the annual fee described in subsection
Page 14, Line 2(1)(a) of this section on or before December 1, 2026. Thereafter,
Page 14, Line 3the commission shall send a quarterly invoice to each railroad
Page 14, Line 4required to pay the annual fee on or before March 1, June 1, September 1, and December 1 of each state fiscal year.
Page 14, Line 5(2) (a) The state treasurer shall credit the fees collected
Page 14, Line 6pursuant to this article 20 to the office of rail safety fund,
Page 14, Line 7which fund is created in the state treasury. The money in the
Page 14, Line 8fund is annually appropriated to the office of rail safety for the
Page 14, Line 9purposes set forth in this article 20 and for administering the
Page 14, Line 10railroads' share of the commission's grade crossing safety
Page 14, Line 11program responsibilities outlined in section 40-4-106. All
Page 14, Line 12interest earned from the deposit and investment of money in the fund is credited to the fund.
Page 14, Line 13(b) The office of railroad safety shall not expend money
Page 14, Line 14from the rail safety fund on equipment or hiring staff until February 1, 2027.
Page 14, Line 15(3) (a) Each railroad subject to the fee described in
Page 14, Line 16subsection (1)(a) of this section shall pay the fee to the
Page 14, Line 17commission in equal quarterly installments on or before
Page 14, Line 18January 1, April 1, July 1, and October 1 of each state fiscal year.
Page 14, Line 19(b) If a railroad does not pay the fee before a quarterly
Page 14, Line 20deadline described in subsection (3)(a) of this section, the
Page 14, Line 21commission shall charge the railroad a penalty of ten percent
Page 14, Line 22of the installment due plus interest at the rate of one percent
Page 14, Line 23per month on the amount of the unpaid installment until the
Page 15, Line 1full amount of the installment, penalty, and interest has been paid.
Page 15, Line 2(c) Upon failure, refusal, or neglect of any railroad to
Page 15, Line 3pay the fee or any penalty or interest, the attorney general
Page 15, Line 4shall commence an action on behalf of the state to collect the amount due.
Page 15, Line 5SECTION 6. In Colorado Revised Statutes, 40-2-109, add (2)(a)(III) as follows:
Page 15, Line 640-2-109. Report to executive director of the department of
Page 15, Line 7revenue. (2) (a) On March 1 of each year, the public utilities commission
Page 15, Line 8shall furnish the executive director of the department of revenue with a
Page 15, Line 9list of those public utilities subject to its jurisdiction, supervision, and
Page 15, Line 10regulation on January 1 of each year. The provisions of this subsection (2) shall not apply to:
Page 15, Line 11(III) Railroads identified in section 40-20-311 (3) for
Page 15, Line 12inspection and investigation activities pursuant to part 3 of article 20 of this title 40.
Page 15, Line 13SECTION 7. Safety clause. The general assembly finds,
Page 15, Line 14determines, and declares that this act is necessary for the immediate
Page 15, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 15, Line 16the support and maintenance of the departments of the state and state institutions.