Amendments for HB24-1030
House Journal, February 29
10 HB24-1030 be amended as follows, and as so amended, be referred to
11 the Committee on Appropriations with favorable
12 recommendation:
13
14 Amend printed bill, page 11, strike lines 13 and 14 and substitute
15 "INCLUDE RAPID TRANSIT OPERATIONS, PUBLIC TRANSPORTATION, RAIL
16 FIXED GUIDEWAY OPERATIONS, OR COMMUTER PASSENGER RAIL THAT:
17 (a) IS IN AN URBAN OR A SUBURBAN AREA; AND
18 (b) IS NOT CONNECTED TO A GENERAL OR AN INTERSTATE
19 RAILROAD SYSTEM.
20 (19) "SIDING" HAS THE MEANING SET FORTH IN 49 CFR 218.93.".
21
22 Renumber succeeding subsections accordingly.
23
24 Page 12, line 1, strike "A RAILROAD" and substitute "ON OR BEFORE JULY
25 1, 2026, AND THEREAFTER, A RAILROAD".
26
27 Page 13, after line 10 insert:
28 "(V) RESUME AUTHORIZED SPEED ONLY AFTER THE NEXT WORKING
29 WAYSIDE DETECTOR INDICATES THAT THERE ARE NO LONGER ANY
30 DEFECTS;".
31
32 Renumber succeeding subparagraphs accordingly.
33
34 Page 13, line 18, after "LINE" insert "OR SIDING".
35
36 Page 14, line 7, strike "MAIN LINE" and substitute "TRACK IN CONNECTION
37 WITH RAILROAD TRANSPORTATION".
38
39 Page 14, strike lines 11 through 13 and substitute "PURSUANT TO
40 SUBSECTION (1) OF THIS SECTION SHALL HAVE THE ABILITY TO ENTER A
41 RAILROAD'S INCIDENT SITE TO INVESTIGATE THE INCIDENT. BEFORE
42 ENTERING, THE DESIGNATED UNION REPRESENTATIVE".
43
44 Page 15, strike lines 20 through 23.
45
46 Page 15, line 24, strike "TO THE".
47
48 Page 15, line 26, strike "THROUGH WARRANTS".
49
50 Page 18, after line 5 insert:
51
52 40-20-309. Severability. IF ANY PROVISION OF THIS PART 3 OR THE
53 APPLICATION OF THIS PART 3 TO ANY PERSON OR CIRCUMSTANCE IS HELD
54 INVALID, SUCH INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR
55 APPLICATIONS OF THIS PART 3 THAT CAN BE GIVEN EFFECT WITHOUT THE
1 INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF
2 THIS PART 3 ARE DECLARED TO BE SEVERABLE.".
3
4
House Journal, March 15
30 HB24-1030 be amended as follows, and as so amended, be referred to
31 the Committee of the Whole with favorable
32 recommendation:
33
34 Amend the Transportation, Housing, and Local Government Committee
35 Report, dated February 28, 2024, page 2, strike lines 2 through 4 and
36 substitute:
37
38 "Page 15 of the printed bill, strike lines 19 through 26 and substitute:
39
40 "(3) FOR THE 2025-26 STATE FISCAL YEAR AND EACH STATE FISCAL
41 YEAR THEREAFTER, MONEY IN THE FUND IS ANNUALLY APPROPRIATED TO
42 THE TRANSIT AND RAIL DIVISION IN THE DEPARTMENT OF
43 TRANSPORTATION. THE DIVISION MAY EXPEND THE MONEY RECEIVED FOR
44 THE PURPOSES OF:".".
45
46 Page 2 of the report, after line 11 insert:
47
48 "Page 18 of the printed bill, before line 6 insert:
49
50 "SECTION 2. Appropriation. (1) For the 2024-25 state fiscal
51 year, $11,651 is appropriated to the department of regulatory agencies for
52 use by the public utilities commission. This appropriation is from the
53 general fund. To implement this act, the commission may use this
54 appropriation as follows:
55 (a) $11,523 for personal services, which amount is based on an
56 assumption that the commission will require an additional 0.1 FTE; and
1 (b) $128 for operating expenses.".
2
3 Renumber succeeding sections accordingly.
4
5 Page 1 of the bill, lines 110 and 111, strike "FRONT RANGE PASSENGER
6 RAIL DISTRICT" and substitute "TRANSIT AND RAIL DIVISION IN THE
7 DEPARTMENT OF TRANSPORTATION".
8
9 Page 1 of the bill, line 112, strike "AND".
10
11 Page 2 of the bill, line 101, strike "AMOUNTS." and substitute "AMOUNTS,
12 AND MAKING AN APPROPRIATION.".".
13
14
House Journal, April 2
1 Amendment No. 1, Appropriations Report, dated March 15, 2024, and
2 placed in member's bill file; Report also printed in House Journal,
3 March 15, 2024.
4
5 Amendment No. 2, Transportation, Housing & Local Government Report,
6 dated February 28, 2024, and placed in member's bill file; Report also
7 printed in House Journal, February 29, 2024.
8
9 Amendment No. 3, by Representative Mabrey:
10
11 Amend the Transportation, Housing, and Local Government Committee
12 Report, dated February 28, 2024, page 1, strike line 16 and substitute:
13
14 "Page 13 of the printed bill, strike lines 18 through 26 and substitute:
15 "(4) (a) EXCEPT FOR TRAINS OR EQUIPMENT STOPPED DUE TO
16 MECHANICAL FAILURE WHERE SEPARATION OR MOVEMENT IS NOT
17 POSSIBLE, ANY TRAIN OR EQUIPMENT OPERATING ON A MAIN LINE OR
18 SIDING IN THE STATE SHALL BE OPERATED IN SUCH A MANNER AS TO
19 MINIMIZE OBSTRUCTION OF EMERGENCY VEHICLES AT HIGHWAY-RAIL
20 CROSSINGS. WHERE SUCH OBSTRUCTION OCCURS AND THE TRAIN CREW IS
21 AWARE OF THE OBSTRUCTION, THE TRAIN CREW SHALL IMMEDIATELY TAKE
22 ANY ACTION, CONSISTENT WITH SAFE OPERATING PROCEDURES,
23 NECESSARY TO CLEAR THE HIGHWAY-RAIL CROSSING.
24 (b) UPON THE APPROACH OF AN EMERGENCY VEHICLE, IF THE
25 EMERGENCY VEHICLE GIVES WARNING OF ITS APPROACH BY THE SOUNDING
26 OF SIRENS, FLASHING OF LIGHTS, WAVING OF A FLAG, OR ANY OTHER
27 WARNING SUFFICIENT TO ATTRACT ATTENTION TO THE EMERGENCY
28 VEHICLE, THE TRAIN CREW SHALL SEPARATE THE TRAIN OR EQUIPMENT
29 AND CLEAR THE CROSSING WITH ALL POSSIBLE DISPATCH TO PERMIT THE
30 EMERGENCY VEHICLE TO PASS.
31 (c) AS USED IN THIS SUBSECTION (4), "EMERGENCY VEHICLE"
32 MEANS:
33 (I) AN AMBULANCE OPERATED BY A PUBLIC AUTHORITY OR BY A
34 PRIVATE PERSON;
35 (II) A FIRE ENGINE;
36 (III) A VEHICLE OPERATED BY A POWER COMPANY, ELECTRIC
37 COMPANY, OR OTHER PUBLIC UTILITY;
38 (IV) A VEHICLE USED FOR EMERGENCY PURPOSES BY THE FEDERAL
39 GOVERNMENT OF THE UNITED STATES; OR
40 (V) ANY OTHER VEHICLE THAT IS BEING OPERATED FOR THE
41 PURPOSE OF SAVING LIFE OR PROPERTY OR RESPONDING TO ANY PUBLIC
42 PERIL.".".
43
44 Amendment No. 4, by Representative Mabrey:
45
46 Amend printed bill, page 9, line 12, strike "FRONT RANGE PASSENGER".
47
48 Page 15, strike lines 10 and 11 and substitute:
49 "40-20-306. Rail district maintenance and safety fund -
50 created. (1) THE RAIL".
51
52 Page 16, line 5, strike "Training." and substitute "Training - rules.".
53
54 Page 16, line 18, after "AREA," insert "PUBLIC NOTIFICATION PROCESSES,
55 E N V IR O N M E N T A L C O N T A M IN A T IO N R E S P O N S E , R E SO U R C E
56 COORDINATION,".
1 Page 16, strike line 24 and substitute: "SECTION. EACH RAILROAD
2 OPERATING TRAINS IN COLORADO SHALL CONDUCT AT LEAST ONE OIL
3 CONTAINMENT, RECOVERY, AND SENSITIVE AREA PROTECTION
4 WALKTHROUGH; TABLETOP EXERCISE; OR FUNCTIONAL EXERCISE
5 INVOLVING OIL OR HAZARDOUS SUBSTANCES EVERY YEAR, AND AT LEAST
6 ONE FULL-SCALE EXERCISE EVERY FIVE YEARS, IN COORDINATION WITH
7 LOCAL EMERGENCY MANAGEMENT ORGANIZATIONS AND LOCAL FIRE
8 CHIEFS.
9 (3) THE PUBLIC UTILITIES COMMISSION SHALL PROMULGATE RULES
10 FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING RULES
11 CONCERNING TRAINING CONTENT, SAFETY DRILLS, COMMUNICATION, AND
12 RAILROAD INCIDENT RESPONSE REQUIREMENTS.".
13
14 Page 1, line 112, strike "FRONT RANGE".
15
16 As amended, ordered engrossed and placed on the Calendar for Third
17 Reading and Final Passage.
18
Senate Journal, April 29
After consideration on the merits, the Committee recommends that HB24-1030 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 4, strike lines 25 through 27.
Page 5, strike lines 1 through 23.
Renumber succeeding subsections accordingly.
Page 8, after line 19 insert:
"(2) "CLASS I RAILROAD" HAS THE MEANING SET FORTH IN 49 U.S.C.
SEC. 20102 (1).".
Renumber succeeding subsections accordingly.
Page 8, after line 23, insert:
"(5) "COMMUNITY RAIL SAFETY ADVISORY COMMITTEE" MEANS THE
COMMUNITY RAIL SAFETY ADVISORY COMMITTEE" CREATED IN SECTION
40-20-313.".
Renumber succeeding subsections accordingly.
Page 9, line 3, strike "(8)" and substitute "(11)".
Page 9, after line 8 insert:
"(8) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING
SET FORTH IN SECTION 24-4-109 (2)(b)(II).".
Renumber succeeding subsections accordingly.
Page 9, line 14, strike "40-20-306." and substitute "40-20-309.".
Page 11, line 7, after "COMMISSION"" insert "OR "COMMISSION"".
Page 11, after line 8 insert:
"(20) "RAIL INDUSTRY SAFETY ADVISORY COMMITTEE" MEANS THE RAIL
INDUSTRY SAFETY ADVISORY COMMITTEE CREATED IN SECTION 40-20-314.".
Renumber succeeding subsections accordingly.
Page 11, strike line 27 and substitute:
"40-20-303. Wayside detector system".
Page 12, strike lines 2 through 4 and substitute "crossing.".
Renumber succeeding subsections accordingly.
Page 12, line 5, strike "(3)" and substitute "(2)".
Page 13, line 22, strike "(2)" and substitute "(1)".
Page 14, line 1, after "POSSIBLE," insert "AND EXCEPT AS OTHERWISE PROVIDED
BY FEDERAL LAW,".
Page 14, line 15, strike "(4)," and substitute "(3),".
Page 14, after line 18 insert:
"(II) A POLICE VEHICLE;".
Renumber succeeding subparagraphs accordingly.
Page 14, after line 26 insert:
"40-20-304. Emergency operations. (1) STATE EMERGENCY RESPONSE
AUTHORITIES MAY TAKE ACTIONS NECESSARY TO PROTECT RAILROADS, RAIL
WORKERS, AND PUBLIC SAFETY IN THE EVENT OF AN EMERGENCY SUCH AS
WILDFIRE, FLOOD, EARTH MOVEMENT, OR CIVIL DISORDER, INCLUDING STOPPING
OR REROUTING RAIL TRAFFIC IF DEEMED NECESSARY.
(2) A RAILROAD SHALL RESPOND TO A STATE EMERGENCY RESPONSE
AUTHORITY PROMPTLY AND WORK CLOSELY WITH STATE AND LOCAL OFFICIALS
DURING EMERGENCIES TO COORDINATE RESPONSE EFFORTS AND ENSURE THE
SAFETY OF RAIL PERSONNEL AND THE PUBLIC.
40-20-305. Incident response requirements. (1) (a) A RAILROAD
OPERATING IN COLORADO THAT ACCOMMODATES HIGH-HAZARD FLAMMABLE
TRAINS OR HIGH-HAZARD HIGH-CONSEQUENCE HAZARDOUS MATERIAL SHALL
COORDINATE WITH THE DEPARTMENT OF PUBLIC SAFETY REGARDING
EMERGENCY RESPONSE AND SPILL RESPONSE CAPACITY AND PLANNING. THE
RAILROAD AND THE DEPARTMENT OF PUBLIC SAFETY SHALL COORDINATE
REGARDING THE ADEQUACY OF CACHES OF EQUIPMENT, SUPPLIES, AND
AVAILABLE STAFF TO MITIGATE ALL HAZARDS LIKELY WITHIN THE AREA
COVERED BY EACH CACHE, INCLUDING CONSIDERATION OF:
(I) FIRE SUPPRESSION FOAM AND FOAM SYSTEMS;
(II) ABSORBENT MATERIALS AND CONTAINMENT BOOMS;
(III) SPECIALIZED LEAK MITIGATION AND REPAIR KITS;
(IV) CHEMICAL PROTECTIVE CLOTHING;
(V) PERSONNEL DECONTAMINATION SUPPLIES;
(VI) INTEROPERABLE COMMUNICATION EQUIPMENT; AND
(VII) RESPONSE TIMES.
(b) A RAILROAD SHALL ENSURE THAT LOCAL AND STATE FIRST
RESPONDERS HAVE ACCESS TO THE CACHED EQUIPMENT NECESSARY TO
RESPOND TO RAIL INCIDENTS.
(c) RESOURCES DESCRIBED IN THIS SUBSECTION (1) MAY BE
MAINTAINED:
(I) AS PARTNERSHIPS WITH FEDERAL, STATE, COUNTY, OR LOCAL
AGENCIES, INCLUDING LOCAL FIRE DEPARTMENTS AND POLICE DEPARTMENTS;
OR
(II) PURSUANT TO CONTRACTS BETWEEN EMERGENCY RESPONSE
ENTITIES.
(2) NOTHING IN THIS SECTION CREATES ANY DUTY FOR A LOCAL
GOVERNMENT; EXCEPT THAT A LOCAL GOVERNMENT MAY AGREE TO ASSUME
DUTIES DELEGATED TO THE LOCAL GOVERNMENT BY A RAILROAD.
(3) A RAILROAD MAY PARTNER WITH ONE OR MORE COUNTIES OR OTHER
REGIONAL ENTITIES TO SUPPORT REGIONAL HAZARDOUS MATERIALS TEAMS AND
CAPABILITIES.
(4) EACH RAILROAD SHALL COORDINATE WITH THE DEPARTMENT OF
PUBLIC SAFETY TO CONDUCT AT LEAST TWO HAZARDOUS MATERIALS RESPONSE
TABLETOP EXERCISES WITH OTHER FEDERAL, REGIONAL, STATE, AND LOCAL
AGENCIES, INCLUDING AT LEAST ONE SCENARIO INVOLVING DERAILMENT AND
RELEASE OF CRUDE OIL OR OTHER FLAMMABLE MATERIALS AND AT LEAST ONE
INCIDENT WITH DERAILMENT INVOLVING INHALATION HAZARDS.
40-20-306. Emergency notifications. (1) WITHIN THIRTY MINUTES
AFTER AN EMERGENCY INVOLVING A TRAIN OCCURS, THE RAILROAD OPERATING
THE TRAIN SHALL NOTIFY THE STATE'S WATCH CENTER OF THE EMERGENCY BY
TELEPHONE OR ANOTHER AGREED-UPON METHOD OF COMMUNICATION TO
ENSURE THAT AUTHORITIES CAN RESPOND SWIFTLY AND APPROPRIATELY.
EMERGENCY CONDITIONS THAT REQUIRE A RAILROAD TO PROVIDE SUCH NOTICE
INCLUDE:
(a) RELEASE OF ANY HAZARDOUS MATERIAL;
(b) DEATH OF ANY INDIVIDUAL;
(c) INJURY TO ANY INDIVIDUAL THAT REQUIRES MEDICAL TREATMENT
IN ADDITION TO FIRST AID;
(d) ANY FIRE OR RISK OF FIRE; AND
(e) PROPERTY DAMAGE AMOUNTING TO FIFTY THOUSAND DOLLARS OR
MORE.
(2) THE NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION
MUST INCLUDE:
(a) DETAILS ABOUT THE NATURE AND SEVERITY OF THE EMERGENCY,
SUCH AS THE TYPE OF INCIDENT, THE LOCATION OF THE INCIDENT, POTENTIAL
HAZARDS INVOLVED, AND ANY IMMEDIATE ACTIONS TAKEN OR REQUIRED;
(b) THE EXTENT OF THE IMPACT OF THE EMERGENCY, INCLUDING ANY
INJURIES, FATALITIES, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGE;
(c) IMPACTS ON OTHER SURFACE TRANSPORTATION, INCLUDING
BLOCKED ROADWAYS;
(d) IF THE EMERGENCY INVOLVES THE TRANSPORTATION OF HAZARDOUS
MATERIALS, SPECIFIC INFORMATION ABOUT THE MATERIALS INVOLVED, THEIR
QUANTITIES, AND ANY POTENTIAL RISKS TO PUBLIC SAFETY OR THE
ENVIRONMENT;
(e) RESPONSE ACTIONS TAKEN TO MITIGATE THE EMERGENCY;
(f) REQUESTS FOR ASSISTANCE, INCLUDING EVACUATIONS,
CONTAINMENT, AND ADDITIONAL RESOURCES; AND
(g) ANY IMMEDIATE COORDINATION EFFORTS THAT HAVE TAKEN PLACE
WITH LOCAL AUTHORITIES.
(3) AFTER PROVIDING THE EMERGENCY NOTIFICATION DESCRIBED IN
SUBSECTION (1) OF THIS SECTION, A RAILROAD SHALL SUBMIT FOLLOW-UP
REPORTS TO THE COMMISSION AND COORDINATE RESPONSE EFFORTS PURSUANT
TO SECTION 40-20-305.
(4) A RAILROAD THAT PROVIDES A NOTIFICATION DESCRIBED IN
SUBSECTION (1) OF THIS SECTION SHALL ALSO NOTIFY THE COMMUNITY RAIL
SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE OF THE INCIDENT WITHIN THIRTY DAYS AFTER PROVIDING THE
NOTIFICATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION.".
Renumber succeeding C.R.S. sections accordingly.
Page 15, lines 11 and 12, strike "SECTION SHALL HAVE THE ABILITY TO" and
substitute "SECTION, WHICH UNION REPRESENTATIVE IS THE RECOGNIZED
REPRESENTATIVE OR THE RECOGNIZED REPRESENTATIVE'S DESIGNEE UNDER THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE UNION AND THE RAILROAD
THAT WAS INVOLVED IN THE ALLEGED VIOLATION, INJURY, OR DEATH, MAY".
Page 15, line 18, strike "40-20-304 (2)," and substitute "40-20-307 (2),".
Page 15, line 26, strike "40-20-304 (2);" and substitute "40-20-307 (2);".
Page 16, lines 1 and 2, strike "40-20-304 (2)." and substitute "40-20-307 (2).".
Page 16, line 12, strike "40-20-305 (3)" and substitute "40-20-308 (3)".
Page 16, line 18, after "(3)" insert "(a)".
Page 16, line 23, strike "(a)" and substitute "(I)".
Page 16, line 25, strike "(b)" and substitute "(II)".
Page 16, line 26, strike "(c)" and substitute "(III)".
Page 16, after line 27 insert:
"(b) MONEY IN THE FUND IS NOT INTENDED TO INCREASE THE NUMBER
OF FULL-TIME EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION.".
Page 18, after line 4 insert:
"(4) IN SATISFYING THE REQUIREMENTS OF THIS SECTION, A RAILROAD
SHALL COORDINATE ITS EFFORTS WITH LOCAL LAW ENFORCEMENT AGENCIES
AND THE HAZARDOUS MATERIALS SECTION OF THE COLORADO STATE PATROL.".
Page 18, strike lines 5 through 27.
Page 19, strike lines 1 through 12 and substitute:
"40-20-311. Office of rail safety - agreement with federal railroad
administration - duties of commission, department of public safety, and
department of transportation - inspections - report - repeal. (1) THE OFFICE
OF RAIL SAFETY IS CREATED WITH THE MISSION OF ENSURING FREIGHT AND
PASSENGER RAIL SAFETY IN THE STATE FOR THE STATE'S UNIQUE AND DELICATE
TERRAIN, ITS HEADWATERS, ITS COMMUNITIES, AND ITS RAIL WORKERS. THE
COMMISSION SHALL ADMINISTER THE OFFICE IN ACCORDANCE WITH THIS
ARTICLE 20.
(2) (a) AS SOON AS IS PRACTICABLE, THE COMMISSION, ON BEHALF OF
THE STATE, SHALL ENTER INTO AN AGREEMENT WITH THE FEDERAL RAILROAD
ADMINISTRATION PURSUANT TO 49 CFR 212 TO PARTICIPATE IN INSPECTION
AND INVESTIGATION ACTIVITIES. UNDER THE AGREEMENT, THE COMMISSION
SHALL SECURE THE AUTHORITY TO ADDRESS ALL RAILROAD SAFETY
DISCIPLINES, INCLUDING CROSSINGS, TRACK, SIGNAL AND TRAIN CONTROL,
MOTIVE POWER AND EQUIPMENT, OPERATING PRACTICES, COMPLIANCE, AND
HAZARDOUS MATERIALS.
(b) IF AN AGREEMENT CANNOT BE REACHED AS DESCRIBED IN
SUBSECTION (2)(a) OF THIS SECTION, THE COMMISSION, ON BEHALF OF THE
STATE, SHALL FILE AN ANNUAL CERTIFICATION PURSUANT TO 49 CFR 212.107.
(3) THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE
DEPARTMENT OF TRANSPORTATION SHALL ENGAGE IN INSPECTION AND
INVESTIGATION ACTIVITIES AS DESCRIBED IN 49 CFR 212 TO ADDRESS
COMPLIANCE WITH THE REQUIREMENTS OF THIS PART 3. NOTWITHSTANDING
ANY PROVISION OF THIS SECTION, THE AUTHORITY OF THE COMMISSION, THE
DEPARTMENT OF PUBLIC SAFETY, AND THE DEPARTMENT OF TRANSPORTATION
TO ENGAGE IN INSPECTION AND INVESTIGATION ACTIVITIES PURSUANT TO THIS
SECTION IS LIMITED TO:
(a) CLASS I RAILROADS;
(b) RAILROADS OPERATING ANY LINES THAT WERE USED BY CLASS I
RAILROADS AS OF THE EFFECTIVE DATE OF THIS PART 3;
(c) PASSENGER RAILROADS; AND
(d) INTERCITY RAILROADS.
(4) THE ATTORNEY GENERAL MAY BRING AN ACTION, CONSISTENT WITH
49 CFR 212, TO ENFORCE STATE AND FEDERAL RAILROAD SAFETY
REGULATIONS. IN BRINGING SUCH AN ACTION, THE ATTORNEY GENERAL SHALL
COMPLY WITH 49 CFR 212.115.
(5) AN INTERESTED PARTY MAY:
(a) REQUEST THAT THE COMMISSION, THE DEPARTMENT OF PUBLIC
SAFETY, OR THE DEPARTMENT OF TRANSPORTATION INVESTIGATE AN ALLEGED
VIOLATION OF THIS PART 3; AND
(b) REPORT AN ALLEGED VIOLATION OF THIS PART 3 OR ANY OTHER
SAFETY CONCERN TO THE FEDERAL RAILROAD ADMINISTRATION OR THE
FEDERAL SURFACE TRANSPORTATION BOARD.
(6) THE COMMISSION MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,
AND DONATIONS AND FEDERAL GRANT MONEY TO PURCHASE TRAINING
MATERIALS AND OTHER EQUIPMENT AS NEEDED FOR THE IMPLEMENTATION OF
THIS SECTION.
(7) THE COMMISSION SHALL REGULARLY ENGAGE WITH CLASS I
RAILROADS, UNIONS REPRESENTING RAILROAD EMPLOYEES, LOCAL
GOVERNMENTS OF MUNICIPALITIES THAT CONTAIN RAILROAD LINES, FIRST
RESPONDER ORGANIZATIONS, DISPROPORTIONATELY IMPACTED COMMUNITIES,
AND ENVIRONMENTAL ORGANIZATIONS IN IMPLEMENTING THIS SECTION.
(8) THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE
DEPARTMENT OF TRANSPORTATION ARE IMMUNE FROM LIABILITY FOR ACTIONS
PERFORMED PURSUANT TO THIS SECTION, AS DESCRIBED IN ARTICLE 10 OF TITLE
24.
(9) (a) ON OR BEFORE DECEMBER 1, 2024, THE COMMISSION, THE
DEPARTMENT OF PUBLIC SAFETY, AND THE DEPARTMENT OF TRANSPORTATION
SHALL PROVIDE A REPORT TO THE GOVERNOR; THE TRANSPORTATION, HOUSING,
AND LOCAL GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES;
AND THE TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE. THE
REPORT MUST BE DEVELOPED IN CONSULTATION WITH THE COMMUNITY RAIL
SAFETY ADVISORY COMMITTEE AND THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE AND INCLUDE:
(I) AN ASSESSMENT OF THE STAFFING LEVELS AND EQUIPMENT
NECESSARY TO ENSURE RAILROADS' COMPLIANCE WITH FEDERAL AND STATE
RULES AND REGULATIONS AND MINIMIZE RAIL SAFETY RISKS FOR RAILROADS,
FACILITIES, WORKERS, AND COMMUNITIES THAT INCLUDE RAIL LINES;
(II) AN INDICATION THAT PUBLIC DATA NOT SUBJECT TO EXCEPTIONS
UNDER THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE
24, WILL BE SHARED WITH THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
AND THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE;
(III) AN ASSESSMENT OF DATA COLLECTION AND REPORTING NEEDS TO
ENSURE ANNUAL REPORTING ON RAIL SAFETY, INCLUDING TRAIN LENGTH, FOR
COVERED RAILROADS AND FACILITIES;
(IV) AN ASSESSMENT OF EMERGENCY RESPONSE AND CLEANUP
CAPACITY NEEDED FOR HAZARDOUS MATERIALS INCIDENTS INVOLVING
RAILROADS;
(V) A QUANTIFICATION OF THE ADEQUATE LEVELS OF INVESTMENT
NECESSARY TO REDUCE HIGHWAY-RAIL CROSSING INCIDENTS AND OTHER RISKS;
(VI) MECHANISMS FOR ENSURING EQUITABLE INPUT FROM MEMBERS OF
THE PUBLIC TO STATE AGENCIES REGARDING RAIL SAFETY;
(VII) AN ASSESSMENT OF BEST PRACTICES FOR ENSURING FINANCIAL
RESPONSIBILITY FOR RESPONSE, CLEANUP, AND DAMAGES FROM MAJOR RAIL
EVENTS, WHICH ASSESSMENT REVIEWS BEST PRACTICES FROM OTHER STATES;
AND
(VIII) (A) A LEGISLATIVE PROPOSAL CONCERNING THE CREATION OF A
FEE STRUCTURE, AN ASSESSMENT, AND A GOVERNANCE BODY AND AN OFFICE OF
RAIL SAFETY TO ADDRESS THE NEEDS DESCRIBED IN SUBSECTIONS (9)(a)(I) TO
(9)(a)(VI) OF THIS SECTION, WHICH FEE STRUCTURE, ASSESSMENT, AND
GOVERNANCE BODY CAN BE INTRODUCED AS LEGISLATION AS SOON AS THE 2025
REGULAR LEGISLATIVE SESSION AND BEGIN OPERATING NO LATER THAN
JANUARY 1, 2027.
(B) THE REPORT MUST INCLUDE A RECOMMENDATION AS TO WHICH
STATE AGENCY WOULD HOST THE PROPOSED GOVERNANCE BODY TO ENSURE
PROPER COMPLIANCE WITH STATE AND FEDERAL LAW, EQUITABLE ACCESS TO
COMMUNITY AND WORKER ORGANIZATIONS, AND ENFORCEMENT OF SAFETY
REQUIREMENTS.
(b) IN PREPARING THE REPORT DESCRIBED IN SUBSECTION (9)(a) OF THIS
SECTION, THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, AND THE
DEPARTMENT OF TRANSPORTATION SHALL CONSULT WITH THE ATTORNEY
GENERAL, THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE AND THE RAIL
INDUSTRY SAFETY ADVISORY COMMITTEE, AND INTERESTED STAKEHOLDERS,
INCLUDING CLASS I RAILROADS, UNIONS REPRESENTING RAILROAD EMPLOYEES,
LOCAL GOVERNMENTS OF MUNICIPALITIES THAT CONTAIN RAILROAD LINES,
FIRST RESPONDER ORGANIZATIONS, DISPROPORTIONATELY IMPACTED
COMMUNITIES, AND ENVIRONMENTAL ORGANIZATIONS.
(c) THIS SUBSECTION (9) IS REPEALED, EFFECTIVE JULY 1, 2026.
(10) THE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT THIS
SECTION.
40-20-312. Community rail safety advisory committee -
membership - duties - rail safety plan - repeal. (1) THE COMMUNITY RAIL
SAFETY ADVISORY COMMITTEE IS CREATED.
(2) (a) THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE CONSISTS
OF THE FOLLOWING MEMBERS:
(I) ONE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK ON A
CLASS I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES;
(II) ONE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK ON A
CLASS I FREIGHT RAIL LINE IN THE STATE, TO BE APPOINTED BY THE PRESIDENT
OF THE SENATE; EXCEPT THAT THE MEMBER MUST REPRESENT UNION WORKERS
WHO WORK ON A CLASS I FREIGHT LINE OTHER THAN THE CLASS I FREIGHT LINE
WHOSE UNION WORKERS ARE REPRESENTED BY THE MEMBER APPOINTED
PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION;
(III) ONE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK ON
A CLASS II OR III RAILROAD IN THE STATE, TO BE APPOINTED BY THE GOVERNOR;
(IV) ONE MEMBER WHO REPRESENTS UNION WORKERS WHO WORK ON
A PASSENGER RAIL LINE, TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES;
(V) ONE MEMBER WHO REPRESENTS A DISPROPORTIONATELY IMPACTED
COMMUNITY, TO BE APPOINTED BY THE PRESIDENT OF THE SENATE;
(VI) ONE MEMBER WHO REPRESENTS A STATEWIDE ENVIRONMENTAL
ORGANIZATION, TO BE APPOINTED BY THE GOVERNOR; AND
(VII) ONE MEMBER WHO REPRESENTS AN ORGANIZATION WITH A
MISSION TO COLLABORATE WITH ENVIRONMENTAL ORGANIZATIONS AND UNION
REPRESENTATIVES, TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES.
(b) THE APPOINTING AUTHORITIES DESCRIBED IN SUBSECTION (2)(a) OF
THIS SECTION SHALL MAKE THE INITIAL APPOINTMENTS ON OR BEFORE AUGUST
1, 2024.
(c) THE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE EACH SERVE TERMS OF THREE YEARS; EXCEPT THAT:
(I) THE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(VI) AND
(2)(a)(VII) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF ONE YEAR;
AND
(II) THE MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(III),
(2)(a)(IV), AND (2)(a)(V) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM
OF TWO YEARS.
(d) MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
SERVE AT THE PLEASURE OF THEIR RESPECTIVE APPOINTING AUTHORITIES.
(e) MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
MAY SERVE AN UNLIMITED NUMBER OF TERMS.
(3) MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
SERVE WITHOUT COMPENSATION BUT MUST BE REIMBURSED FROM MONEY IN
THE FUND FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THE MEMBERS' DUTIES PURSUANT TO THIS SECTION.
(4) THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE IS REPEALED,
EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE COMMUNITY RAIL
SAFETY ADVISORY COMMITTEE IS SCHEDULED FOR REVIEW IN ACCORDANCE
WITH SECTION 2-3-1203.
40-20-313. Rail industry safety advisory committee - membership
- duties - rail safety plan - repeal. (1) THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE IS CREATED.
(2) (a) THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CONSISTS OF
THE FOLLOWING NINE MEMBERS, EACH TO BE APPOINTED BY THE GOVERNOR:
(I) TWO MEMBERS WHO REPRESENT OPERATORS OF CLASS I RAILROADS
OPERATING FREIGHT RAIL LINES;
(II) ONE MEMBER WHO REPRESENTS A RAILROAD OTHER THAN A CLASS
I RAILROAD, WHICH RAILROAD OPERATES A FREIGHT RAIL LINE;
(III) ONE MEMBER WHO REPRESENTS A RAILROAD THAT OPERATES A
PASSENGER RAIL LINE;
(IV) TWO MEMBERS WHO REPRESENT FIRST RESPONDER
ORGANIZATIONS; AND
(V) ONE MEMBER WHO REPRESENTS THE PUBLIC UTILITIES COMMISSION;
(VI) ONE MEMBER WHO REPRESENTS THE DEPARTMENT OF PUBLIC
SAFETY; AND
(VII) ONE MEMBER WHO REPRESENTS THE DEPARTMENT OF
TRANSPORTATION.
(b) THE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS ON OR
BEFORE AUGUST 1, 2024.
(c) THE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE EACH SERVE TERMS OF THREE YEARS; EXCEPT THAT:
(I) THE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(I) AND (2)(a)(II) OF
THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF ONE YEAR; AND
(II) THE MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY
COMMITTEE INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (2)(a)(III) and
(2)(a)(IV) OF THIS SECTION SHALL EACH SERVE AN INITIAL TERM OF TWO YEARS.
(d) MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
SERVE AT THE PLEASURE OF THE GOVERNOR.
(e) MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
MAY SERVE AN UNLIMITED NUMBER OF TERMS.
(3) MEMBERS OF THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE
SERVE WITHOUT COMPENSATION BUT MUST BE REIMBURSED FROM MONEY IN
THE FUND FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THE MEMBERS' DUTIES PURSUANT TO THIS SECTION.
(4) THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE IS REPEALED,
EFFECTIVE SEPTEMBER 1, 2034. BEFORE THE REPEAL, THE RAIL INDUSTRY
SAFETY ADVISORY COMMITTEE IS SCHEDULED FOR REVIEW IN ACCORDANCE
WITH SECTION 2-3-1203.
40-20-314. Enforcement. THE PUBLIC UTILITIES COMMISSION SHALL
CONDUCT PERIODIC COMPLIANCE REPORTS TO ENSURE EACH RAILROAD IS IN
COMPLIANCE WITH THIS PART 3.".
Renumber succeeding C.R.S. section accordingly.
Page 19, after line 18 insert:
"SECTION 3. In Colorado Revised Statutes, 2-3-1203, add (25)(a)(III)
and (25)(a)(IV) as follows:
2-3-1203. Sunset review of advisory committees - legislative
declaration - definition - repeal. (25) (a) The following statutory
authorizations for the designated advisory committees will repeal on September
1, 2034:
(III) THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE CREATED IN
SECTION 40-20-313;
(IV) THE RAIL INDUSTRY SAFETY ADVISORY COMMITTEE CREATED IN
SECTION 40-20-314.".
Renumber succeeding sections accordingly.
Page 1, strike lines 102 through 105 and substitute "REQUIRING CERTAIN
RAILROADS TO USE WAYSIDE DETECTOR SYSTEMS, OPERATE TRAINS IN A
MANNER THAT MINIMIZES THE OBSTRUCTION OF EMERGENCY VEHICLES AT
HIGHWAY-RAIL CROSSINGS, AND, WHEN NECESSARY TO ALLOW AN
EMERGENCY VEHICLE TO PASS, SEPARATE A TRAIN;".
Page 1, line 108, strike "INCIDENTS," and substitute "INCIDENTS;".
Page 1, line 109, strike "VIOLATIONS," and substitute "VIOLATIONS;".
Page 1, strike line 113.
Page 2, strike lines 101 and 102 and substitute "RAIL SYSTEM; CREATING THE
OFFICE OF RAIL SAFETY; CREATING THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE; AND MAKING AN APPROPRIATION.".
Senate Journal, May 2
After consideration on the merits, the Committee recommends that HB24-1030 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 19, line 20, strike "$11,651" and substitute
"$391,057".
Page 19, line 22, strike "general fund." and substitute "public utilities
commission fixed utility fund, created in section 40-2-114 (1)(b)(II), C.R.S.".
Page 19, line 24, strike "$11,523" and substitute "$359,897".
Page 19, line 25, strike "0.1 FTE;" and substitute "3.5 FTE;".
Page 19, line 26, strike "$128" and substitute "$31,160".
Appro-
priations
Senate Journal, May 6
HB24-1030 by Representative(s) Mabrey and Mauro, Epps, Boesenecker, Froelich, Lindsay, Parenti,
Vigil; also Senator(s) Cutter and Exum, Jaquez Lewis, Priola, Winter F.--Concerning
railroad safety, and, in connection therewith, limiting the maximum length of a train
operating in the state, requiring certain railroads to use wayside detector systems, limiting
the amount of time a train may obstruct public travel at certain crossings, authorizing a
crew member's designated union representative to investigate certain reported incidents,
authorizing the public utilities commission to impose fines for certain violations, requiring
fine revenue to be paid to the transit and rail division in the department of transportation for
the purposes of maintaining and improving the safety of a passenger rail system,
requiring certain railroads to carry insurance coverage in minimum amounts, and making an
appropriation.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, April 29, page(s) 1124-1130 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 2, page(s) 1245-1246 and placed in members' bill files.)
Amendment No. 3(L.035), by Senator Cutter.
Amend the Transportation and Energy Committee Report, dated April 26, 2024,
page 1, strike line 8 and substitute:
"Page 8 of the reengrossed bill, strike lines 24 through 27.
Page 9 of the bill, strike lines 1 through 3 and substitute:".
Page 1 of the report, line 11, strike "40-20-313."." and substitute 40-20-312.".".
Page 1 of the report, strike lines 12 and 13.
Page 1 of the report, line 15, strike ""(8)" and substitute ""(7)".
Page 2 of the report, line 5, strike ""(20)" and substitute ""(19)".
Page 2 of the report, strike line 7 and substitute "40-20-313.".".
Page 2 of the report, strike lines 9 through 17 and substitute:
"Page 11 of the bill, strike line 27.
Strike pages 12 and 13 of the bill.
Page 14 of the bill, strike lines 1 through 15 and substitute:
"40-20-303. Wayside detector systems - obstructions at public
crossings - reports. (1) ON OR BEFORE JANUARY 1, 2025, AND ON OR BEFORE
JANUARY 1 OF EACH YEAR THEREAFTER, A RAILROAD OPERATING ANY MAIN
LINE IN THE STATE SHALL SUBMIT TO THE PUBLIC UTILITIES COMMISSION A
PUBLIC REPORT THAT DISCLOSES, AT A MINIMUM, THE FOLLOWING
INFORMATION:
(a) AN OVERVIEW OF THE TYPES OF, GENERAL LOCATIONS OF, AND
SPACING BETWEEN WAYSIDE DETECTORS ON MAIN LINES IN COLORADO;
(b) A GENERAL DESCRIPTION OF HOW THE WAYSIDE DETECTOR SYSTEM
PROMOTES SAFETY, INCLUDING PLANS TO ADJUST OR IMPROVE THE WAYSIDE
DETECTOR SYSTEM OR REVIEW WAYSIDE DETECTOR TECHNOLOGY;
(c) A GENERAL DESCRIPTION OF THE PROCESS BY WHICH DEFECTS OR
OTHER DETECTIONS ARE MANAGED IN ORDER TO PROVIDE NOTICE TO TRAIN
OPERATORS AND OTHERS;
(d) THE PERCENTAGE OF TIME THAT EACH TYPE OF WAYSIDE DETECTOR
WAS OPERATIONAL FOR THE PREVIOUS YEAR;
(e) HOW MANY DEFECTS WERE CAPTURED; AND
(f) ANY OTHER INFORMATION REGARDING WAYSIDE DETECTOR SYSTEMS
THAT THE PUBLIC UTILITIES COMMISSION DEEMS NECESSARY.
(2) (a) EXCEPT FOR TRAINS OR EQUIPMENT STOPPED DUE TO
MECHANICAL FAILURE WHERE SEPARATION OR MOVEMENT IS NOT POSSIBLE, THE
STATE EXPECTS THAT ANY TRAIN OR EQUIPMENT OPERATING ON A MAIN LINE OR
SIDING IN THE STATE SHOULD BE OPERATED IN SUCH A MANNER AS TO MINIMIZE
OBSTRUCTION OF EMERGENCY VEHICLES AT HIGHWAY-RAIL CROSSINGS. UPON
THE APPROACH OF AN EMERGENCY VEHICLE TO ANY BLOCKED CROSSING, AN
EMERGENCY VEHICLE MAY GIVE WARNING OF ITS APPROACH BY THE SOUNDING
OF SIRENS, FLASHING OF LIGHTS, WAVING OF A FLAG, OR ANY OTHER WARNING
SUFFICIENT TO ATTRACT ATTENTION TO THE EMERGENCY VEHICLE TO ALLOW
THE TRAIN CREW TO SEPARATE THE TRAIN OR EQUIPMENT AND CLEAR THE
CROSSING WITH ALL POSSIBLE DISPATCH TO PERMIT THE EMERGENCY VEHICLE
TO PASS. IF A BLOCKED CROSSING IS NOT CLEARED, THE ENTITY OPERATING THE
EMERGENCY VEHICLE OR THE DEPARTMENT OF PUBLIC SAFETY SHALL REQUEST
THAT THE RAILROAD IMMEDIATELY TAKE ANY ACTION, CONSISTENT WITH SAFE
OPERATING PROCEDURES, NECESSARY TO CLEAR THE HIGHWAY-RAIL CROSSING.
(b) THE DEPARTMENT OF PUBLIC SAFETY SHALL, AND OTHER
EMERGENCY VEHICLE OPERATORS MAY, REPORT TO THE OFFICE OF RAIL SAFETY
THE DETAILS OF ANY EVENT IN WHICH AN EMERGENCY VEHICLE WAS STOPPED
OR DELAYED BY A TRAIN BLOCKING A HIGHWAY-RAIL CROSSING, ANY REQUEST
THAT WAS MADE TO CLEAR THE CROSSING, THE RESOLUTION OF ANY SUCH
REQUEST, AND ANY EFFECTS THAT THE DELAY OF THE EMERGENCY VEHICLE HAD
ON THE EMERGENCY RESPONSE.
(c) AS USED IN THIS SUBSECTION (2), "EMERGENCY VEHICLE".".
Page 2 of the report, line 23, strike "TAKE" and substitute "RECOMMEND".
Page 3 of the report, line 32, strike "BETWEEN" and substitute "WITH OTHER
RAILROADS OR".
Page 3 of the report, line 42, after "EXERCISES" insert "EACH YEAR".
Page 4 of the report, strike line 5 and substitute "MINUTES AFTER DISCOVERING
AN EMERGENCY INVOLVING A TRAIN, UNLESS COMMUNICATION IS IMPOSSIBLE,
THE".
Page 4 of the report, strike line 41 and substitute "EFFORTS.".
Page 5 of the report, strike lines 6 through 11 and substitute:
"Page 15 of the bill, strike line 1 and substitute "request for investigation.
(1) A CREW MEMBER OF A TRAIN".
Page 15 of the bill, strike lines 11 through 14 and substitute "MAY REQUEST AN
INVESTIGATION FROM THE OFFICE OF RAIL SAFETY.".".
Page 5 of the report, strike line 19 and substitute:
"Page 16 of the bill, strike line 25 and substitute:
"(II) PLANNING, DESIGN, CONSTRUCTION, OR MAINTENANCE AND
OPERATION OF SAFETY IMPROVEMENTS ON ANY RAILROAD OR RAILROAD
CROSSING IN THE STATE; AND".".
Page 5 of the report, after line 24 insert:
"Page 17 of the bill, line 3, after "DEPARTMENT" insert "AND OTHER FIRST
RESPONDER ORGANIZATION".
Page 17 of the bill, line 6, strike "DEPARTMENT." and substitute "DEPARTMENT
AND OTHER FIRST RESPONDER ORGANIZATION.".
Page 17 of the bill, line 9, strike "DANGEROUS GOODS AND".".
Page 5 of the report, strike line 29 and substitute "THE COLORADO STATE
PATROL.
(5) A CLASS II OR CLASS III RAILROAD MAY SATISFY THE REQUIREMENTS
OF THIS SECTION BY EITHER:
(a) ENTERING INTO AN AGREEMENT WITH A CLASS I RAILROAD TO BE A
PARTNER WITH THE CLASS I RAILROAD IN ITS PROGRAM; OR
(b) ADOPTING THE TRAINING PROGRAMS PROVIDED BY THE SHORT LINE
SAFETY INSTITUTE.".".
Page 6 of the report, line 5, after "report -" insert "rules -".
Page 6 of the report, strike line 7 and substitute "ENSURING FREIGHT,
PASSENGER, COMMUNITY, AND ENVIRONMENTAL RAIL SAFETY IN THE STATE FOR
THE".
Page 6 of the report, line 13, after "CFR" insert "PART".
Page 6 of the report, strike lines 33 through 35 and substitute "I RAILROADS AS
OF THE EFFECTIVE DATE OF THIS PART 3; AND
(c) PASSENGER RAILROADS.".
Page 6 of the report, line 37, after "CFR" insert "PART".
Page 6 of the report, strike lines 40 and 41 and substitute:
"(5) AN INTERESTED PARTY MAY REQUEST THAT THE COMMISSION, THE
DEPARTMENT OF PUBLIC".
Page 7 of the report, strike lines 1 and 2 and substitute "ALLEGED VIOLATION OF
THIS PART 3.
(6) THE COMMISSION, THE DEPARTMENT OF PUBLIC SAFETY, OR THE
DEPARTMENT OF TRANSPORTATION MAY REPORT AN ALLEGED VIOLATION OF
THIS PART 3 OR ANY OTHER".
Renumber succeeding subsections accordingly.
Page 7 of the report, line 9, strike "CLASS I".
Page 7 of the report, line 11, after "OF" insert "COUNTIES, SPECIAL DISTRICTS,
AND".
Page 7 of the report, after line 18 insert:
"(10) THE OFFICE OF RAIL SAFETY SHALL COLLECT AND REPORT
INFORMATION REGARDING BLOCKED HIGHWAY-RAIL CROSSINGS IN THE STATE,
INCLUDING INFORMATION REGARDING EMERGENCY VEHICLES AFFECTED BY
BLOCKED HIGHWAY-RAIL CROSSINGS.
(11) (a) THE OFFICE OF RAIL SAFETY SHALL CREATE A STANDARD
PROCESS FOR INVESTIGATORS TO USE DURING INVESTIGATIONS UNDER THIS
SECTION FOR DETERMINING THE APPROPRIATE TIME AND METHOD FOR:
(I) GATHERING INFORMATION ABOUT AN INVESTIGATION FROM
RAILROADS, CONTRACTORS, OR EMPLOYEES OF RAILROADS OR FROM
REPRESENTATIVES OF EMPLOYEES OF RAILROADS, AND OTHERS, AS DETERMINED
RELEVANT BY THE OFFICE OF RAIL SAFETY; AND
(II) CONSULTING WITH RAILROADS, CONTRACTORS, OR EMPLOYEES OF
RAILROADS, OR WITH REPRESENTATIVES OF EMPLOYEES OF RAILROADS, AND
OTHERS, AS DETERMINED RELEVANT BY THE OFFICE OF RAIL SAFETY, FOR
TECHNICAL EXPERTISE ON THE FACTS OF AN INVESTIGATION.
(b) IN DEVELOPING THE PROCESS REQUIRED UNDER SUBSECTION (11)(a)
OF THIS SECTION, THE OFFICE OF RAIL SAFETY SHALL INCLUDE CONSIDERATION
OF HOW TO MAINTAIN THE CONFIDENTIALITY OF ANY ENTITY IDENTIFIED
PURSUANT TO SUBSECTION (11)(a) OF THIS SECTION IF:
(I) THE ENTITY REQUESTS CONFIDENTIALITY;
(II) THE ENTITY WAS NOT INVOLVED IN THE ACCIDENT OR INCIDENT;
AND
(III) MAINTAINING THE ENTITY'S CONFIDENTIALITY DOES NOT
ADVERSELY AFFECT AN INVESTIGATION BY THE OFFICE OF RAIL SAFETY.
(c) (I) EXCEPT AS PROVIDED IN SUBSECTION (11)(c)(II) OF THIS SECTION,
THE OFFICE OF RAIL SAFETY MAY NOT DISCLOSE THE NAME OF AN EMPLOYEE OF
A RAILROAD WHO HAS PROVIDED INFORMATION ABOUT AN ALLEGED VIOLATION
OF THIS PART 3 OR MATTERS DESCRIBED IN SUBSECTION (11)(c)(II) OF THIS
SECTION UNLESS THE OFFICE OF RAIL SAFETY OBTAINS THE EMPLOYEE'S
WRITTEN CONSENT FOR SUCH DISCLOSURE.
(II) THE OFFICE OF RAIL SAFETY SHALL DISCLOSE TO THE ATTORNEY
GENERAL OR THE FEDERAL RAILROAD ADMINISTRATION THE NAME OF AN
EMPLOYEE DESCRIBED IN SUBSECTION (11)(c)(I) OF THIS SECTION IF THE MATTER
IS REFERRED TO THE ATTORNEY GENERAL OR THE FEDERAL RAILROAD
ADMINISTRATION FOR ENFORCEMENT. BEFORE MAKING SUCH A DISCLOSURE,
THE OFFICE OF RAIL SAFETY SHALL PROVIDE REASONABLE ADVANCE NOTICE TO
THE AFFECTED EMPLOYEE AND TO A DESIGNATED EMPLOYEE REPRESENTATIVE
IF SUCH A REPRESENTATIVE EXISTS.
(d) THE OFFICE OF RAIL SAFETY SHALL PROMULGATE RULES TO PROTECT
EMPLOYEES FROM RETALIATION FOR THEIR PARTICIPATION IN INVESTIGATIONS
UNDER THIS SECTION AND SHALL CREATE A MECHANISM TO ACCEPT AND
RESOLVE COMPLAINTS REGARDING VIOLATIONS OF THE RULES, WHICH
MECHANISM IS CONSISTENT WITH FEDERAL LAW.
(12) THE OFFICE OF RAIL SAFETY SHALL COORDINATE WITH THE
DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT OF PUBLIC SAFETY, THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, THE DEPARTMENT OF
NATURAL RESOURCES, AND STAKEHOLDERS SUCH AS RAILROADS, FIRST
RESPONDERS, LOCAL GOVERNMENTS, METROPOLITAN PLANNING
ORGANIZATIONS, AND LABOR ORGANIZATIONS TO IDENTIFY AND IMPLEMENT
INITIATIVES AND PRIORITIES TO REDUCE THE FREQUENCY OF BLOCKED
HIGHWAY-RAIL CROSSINGS, IMPROVE EMERGENCY PREPAREDNESS AND
RESILIENCE, AND IMPROVE RAIL SAFETY. THIS MAY INCLUDE INNOVATIVE USE
OF DATA AND TECHNOLOGY TO PRIORITIZE ELIMINATION OR PROTECTION OF
HIGHWAY-RAIL CROSSINGS, INFORMATION SHARING, AND FIRST RESPONDER
DECISION SUPPORT. THE OFFICE OF RAIL SAFETY SHALL ALSO COORDINATE WITH
THE AFOREMENTIONED ENTITIES REGARDING POSSIBLE FEDERAL GRANTS TO
IMPROVE RAIL AND PUBLIC SAFETY.".
Renumber succeeding subsections accordingly.
Page 8 of the report, strike lines 9 through 11 and substitute "OTHER STATES;
(VIII) A REPORT CONCERNING COMMUNICATION ISSUES IMPACTING RAIL
LINES IN THE STATE, INCLUDING COMMUNICATION WITH STATE ENTITIES SUCH
AS THE DEPARTMENT OF PUBLIC SAFETY; COMMUNICATION ISSUES BETWEEN
CREWS WORKING LONG TRAINS; AND COMMUNICATION FROM WAYSIDE
DETECTORS TO CREWS; AND
(IX) (A) A LEGISLATIVE PROPOSAL CONCERNING THE CREATION OF A
FEE STRUCTURE OR OTHER REVENUE SOURCE, AN ASSESSMENT, AND A
GOVERNANCE BODY AND AN".
Page 8 of the report, strike line 13 and substitute "SUBSECTIONS (13)(a)(I) TO
(13)(a)(VIII) OF THIS SECTION, WHICH FEE".
Page 8 of the report, line 22, strike "(9)(a)" and substitute "(13)(a)".
Page 8 of the report, strike lines 27 through 29 and substitute "INTERESTED
STAKEHOLDERS, INCLUDING RAILROADS, UNIONS REPRESENTING RAILROAD
EMPLOYEES, LOCAL GOVERNMENTS OF COUNTIES, SPECIAL DISTRICTS, AND
MUNICIPALITIES THAT CONTAIN RAILROAD LINES, THE FEDERAL RAILROAD
ADMINISTRATION, FIRST RESPONDER".
Page 8 of the report, line 32, strike "(9)" and substitute "(13)".
Page 9 of the report, line 10, strike "LINE," and substitute "OPERATOR,".
Page 9 of the report, strike lines 40 through 43.
Page 10 of the report, strike line 1 and substitute:
"(3) MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY COMMITTEE
WHO ARE NOT COMPENSATED FOR ACTING IN OFFICIAL JOB ROLES MAY RECEIVE
PER DIEM COMPENSATION FROM THE OFFICE OF RAIL SAFETY CREATED IN
SECTION 40-20-311. MEMBERS OF THE COMMUNITY RAIL SAFETY ADVISORY
COMMITTEE MAY BE REIMBURSED FOR EXPENSES INCURRED WHILE PERFORMING
THE MEMBERS' DUTIES.".
Page 10 of the report, strike lines 14 and 15 and substitute:
"(II) ONE MEMBER WHO REPRESENTS A CLASS II OR CLASS III RAILROAD
IN THE STATE;".
Page 10 of the report, strike lines 20 through 25 and substitute:
"(V) THREE MEMBERS WITH EXPERTISE CONCERNING RAIL SAFETY, RAIL
OPERATIONS, EMERGENCY RESPONSE, OR TRANSPORTATION REGULATION.".
Page 11 of the report, line 9, strike "REPORTS" and substitute "REVIEWS".
Page 11 of the report, line 20, strike "40-20-313;" and substitute "40-20-312;".
Page 11 of the report, line 22, strike "40-20-314."." and substitute
"40-20-313.".".
Page 11 of the report, line 34, after "COMMITTEE;" insert "CREATING THE RAIL
INDUSTRY SAFETY ADVISORY COMMITTEE;".
Strike "ON" and substitute "FOR" on: Page 8 of the report, line 41; and page 9
of the report, lines 1, 3, 7, and 10.
Amendment No. 4(L.036), by Senator Exum.
Amend the Cutter floor amendment (HB1030_L.035), page 1, line 29, after
"OTHERS;" add "AND".
Page 2, strike lines 2 through 5 and substitute "DETECTOR WAS OPERATIONAL
FOR THE PREVIOUS YEAR.".
Amendment No. 5(L.037), by Senator Exum.
Amend the Transportation and Energy Committee Report, dated April 26, 2024,
page 5, strike lines 12 through 15 and substitute:
"Page 15 of the reengrossed bill, strike lines 17 and 18 and substitute
"40-20-303, THE PUBLIC UTILITIES COMMISSION MAY IMPOSE A FINE OF".
Page 15 of the bill, strike line 26 and substitute "SECTION 40-20-303; OR".
Page 16 of the bill, strike lines 1 and 2 and substitute "PRACTICE OF REPEATED
VIOLATIONS OF SECTION 40-20-303.".".
Amendment No. 6(L.038), by Senator Exum.
Amend the Cutter floor amendment (HB1030_L.035), page 6, after line 21
insert:
"Page 8 of the report, line 36, after "plan -" insert "discrimination, adverse
action, retaliation prohibited -".".
Page 6 of the amendment, strike line 30 and substitute "INCURRED WHILE
PERFORMING THE MEMBERS' DUTIES.
(4) AN EMPLOYER SHALL NOT DISCRIMINATE, TAKE ADVERSE ACTION,
OR RETALIATE AGAINST AN EMPLOYEE IN RESPONSE TO THE EMPLOYEE:
(a) SERVING IN GOOD FAITH ON THE COMMUNITY RAIL SAFETY
ADVISORY COMMITTEE; OR
(b) RAISING A REASONABLE CONCERN ABOUT A POSSIBLE WORKPLACE
VIOLATION OF GOVERNMENT SAFETY RULES, OR ABOUT AN OTHERWISE
SIGNIFICANT WORKPLACE THREAT TO SAFETY, TO THE EMPLOYER, THE
EMPLOYER'S AGENT, ANOTHER EMPLOYEE, A GOVERNMENT AGENCY, OR THE
PUBLIC IF THE EMPLOYER CONTROLS THE WORKPLACE CONDITIONS GIVING RISE
TO THE ALLEGED VIOLATION OR THREAT.".
Renumber succeeding subsection accordingly.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, May 7
HB24-1030 by Representative(s) Mabrey and Mauro, Epps, Boesenecker, Froelich, Lindsay, Parenti,
Vigil; also Senator(s) Cutter and Exum, Jaquez Lewis, Priola, Winter F.--Concerning
railroad safety, and, in connection therewith, requiring certain railroads to use wayside
detector systems, operate trains in a manner that minimizes the obstruction of emergency
vehicles at highway-rail crossings, and, when necessary to allow an emergency vehicle to
pass, separate a train; authorizing a crew member's designated union representative to
investigate certain reported incidents; authorizing the public utilities commission to impose
fines for certain violations; requiring fine revenue to be paid to the transit and rail division
in the department of transportation for the purposes of maintaining and improving the
safety of a passengerrail system; creating the office of rail safety; creating the community
rail safety advisory committee; creating the rail industry safety advisory committee; and
making an appropriation.
A majority of those elected to the Senate having voted in the affirmative, Senator Cutter
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.051) , by Senator Cutter.
Amend revised bill, page 1, lines 102 and 103, strike "USE WAYSIDE DETECTOR
SYSTEMS,".
Page 1, line 108, strike "INVESTIGATE" and substitute "REQUEST
INVESTIGATIONS OF".
The amendment was passed on the following roll call vote:
YES 33 NO 2 EXCUSED 0 ABSENT 0
Baisley Y Ginal Y Marchman Y Simpson Y
Bridges N Gonzales Y Michaelson Y Smallwood Y
Buckner Y Hansen Y Mullica Y Sullivan Y
Coleman Y Hinrichsen Y Pelton B. Y Van Winkle Y
Cutter Y Jaquez Y Pelton R. N Will Y
Danielson Y Kirkmeyer Y Priola Y Winter F. Y
Exum Y Kolker Y Rich Y Zenzinger Y
Fields Y Liston Y Roberts Y President Y
Gardner Y Lundeen Y Rodriguez Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result: