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 40-20-312 - Community rail safety advisory committee - membership - duties - rail safety plan - discrimination, adverse action, retaliation prohibited - 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 for 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 for 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 for 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 for a class II or III railroad in the state, to be appointed by the governor;
(IV)
One member who represents union workers who work for a passenger rail operator, 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 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.
(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.
(5)
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.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.