2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 20 - ORGANIZATION AND GOVERNMENT (§§ 40-20-101 — 40-20-315) › Part 3 - RAILROAD SAFETY (§§ 40-20-301 — 40-20-315) › Section 40-20-301 - Legislative declaration

(1)
The general assembly finds, determines, and declares that:
(a)
Railroad transportation is a critical component of Colorado's economy and provides efficient and cost-effective movement of goods across the state and beyond;
(b)
Protecting Colorado's residents, ecosystems, and infrastructure from exposure to hazardous materials carried by trains is a top priority of the general assembly;
(c)
Trains emit fewer greenhouse gas emissions than other modes of transportation, including truck tractors, trailers, or semitrailers, thereby making trains a desirable climate-conscious option for transporting large volumes of weight and for freight movement;
(d)
Colorado's fragile ecosystems, weather extremes, extensive number of hard-to-maintain railroad track miles, and number of communities through which railroads operate necessitate that the state take decisive action to prevent and mitigate potential harm to the environment and Colorado residents from derailments and other accidents;
(e)
Railroad tracks frequently bisect communities with populations of Black people, Indigenous people, and other people of color and low-income communities across Colorado, meaning that any derailment will likely disproportionately impact those communities, which necessitates that Colorado take extra precautions to prevent derailments;
(f)
The frequency of train accidents involving hazardous materials has increased in the last twenty years. Beginning in 1990, railroads started lobbying for less regulation of the transportation of hazardous materials, and a reduction in regulation resulted in a greater number of derailments. When railroads implemented precision scheduling to increase profits beginning in 2010, the number of derailments involving hazardous materials increased significantly.
(g)
The safe and efficient operation of railroads requires several factors, including regularly maintaining railroad tracks and rolling stock, appropriately using technology to detect and address mechanical and other issues, employing experienced and well-paid workers with critical skill sets to recognize and avoid accidents, and limiting the number of cars that trains carry to ensure that trains have reasonable lengths.
(2)
The general assembly further finds, determines, and declares that:
(a)
Railroads utilize numerous forms of available technology to detect and prevent various equipment failures, including installing wayside detector systems adjacent to a main line;
(b)
Two of the most common wayside detector technologies that railroads currently use are hot bearing detectors that use infrared sensors to measure the temperatures of bearings on passing trains and dragging equipment detectors that detect objects dragging along a track;
(c)
Using hot bearing detectors and dragging equipment detectors at regular intervals along a railroad track can reduce the risk of derailments, accidents, and other incidents and promote the safe and efficient movement of goods across the state;
(d)
These wayside detector systems are highly effective, preventive tools that can alert railroad crews to problems so they can take immediate action to prevent accidents or derailments;
(e)
The federal railroad administration recommends but does not require the placement of hot bearing detectors at intervals of forty miles, while railroad experts nationwide have called for significantly greater quantity and density of hot bearing detectors;
(f)
The federal railroad administration also recommends but does not require the installation of dragging equipment detectors at intervals of no more than twenty-five miles on railroad tracks on which trains operate at speeds of sixty miles per hour or more, while railroad experts nationwide have called for significantly greater quantity and density of dragging equipment detectors;
(g)
The federal railroad administration's recommended spacing distances do not consider the unique and challenging dynamics of operating railroads safely in Colorado, do not adequately prevent accidents and derailments, and do not proactively protect Colorado's residents, communities, and environment from harm;
(h)
Railroads are not currently required to disclose where wayside detectors are installed or whether the detectors are operational, nor are they required to consider variable track conditions in the placement of detectors. Without this information, the general assembly, the public utilities commission, and the public are forced to rely only on the assertions of railroads that they are adequately monitoring tracks and trains for problems.
(i)
Recent derailments and accidents across the country have highlighted that railroads are not adequately monitoring for problems or taking preventive action, that severe injury to individuals and severe damage to the environment and infrastructure are preventable and unnecessary, and that the general assembly must take action;
(j)
Transparency and accountability in railroad operations are critical to ensure the safety of Colorado's residents, protect infrastructure and the environment, and promote long-term sustainability of the state's economy, and it is necessary to require railroad companies to annually report the locations of installed wayside detector systems and train length to the public utilities commission; and
(k)
Absent a Colorado-specific recommendation from the federal railroad administration concerning the placement of wayward detector systems, and with no recommendation pending in the immediate future, the general assembly defers to the expert advice of railroad operators.
(3)
Therefore, the general assembly hereby enacts this part 3 to:
(a)
Promote transparency, accountability, and safety in railroad operations in the state;
(b)
Limit greenhouse gas emissions;
(c)
Reduce the risk of accidents, derailments, and other incidents associated with railroad transportation; and
(d)
Protect the health and well-being of Colorado's residents and ecosystems.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.