When a railroad reports a train emergency to the state's Department of Public Safety watch center, the watch center must immediately notify the Public Utilities Commission (PUC) and the Office of Rail Safety.
The PUC must submit a report to certain legislative committees with details on train emergencies reported by railroads.
Train crew members can contact first responders during an emergency after informing railroad dispatch. Crew members can decide how to handle emergencies, including stopping trains at railroad crossings. Railroads and crew members are protected from lawsuits if they act in good faith during an emergency.
The bill gives the PUC the sole authority to inspect, investigate, and regulate:
Class I railroads (the largest railroads),
Any rail line used by Class I railroads as of July 1, 2024,
Passenger railroads.
The Office of Rail Safety must collect and analyze data on:
Railroad safety,
The state's readiness to handle hazardous material spills from trains,
Best practices for ensuring railroads pay for emergency response, cleanup, and damages, including lessons from other states,
Communication issues on railroad lines in Colorado.
Railroads regulated by the PUC must pay a fee to cover the costs of the PUC and Office of Rail Safety’s work under this bill. The PUC will set rules for calculating the fee based on specific criteria, and railroads must pay quarterly. Late payments will result in penalties and interest.
Summary
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.
The bill requires the office to gather, analyze, and assess
information, including:
•
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.
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.
