reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 18 - RAIL FIXED GUIDEWAY SYSTEM SAFETY OVERSIGHT (§§ 40-18-101 — 40-18-105) › Section 40-18-105 - Calculation and assessment of fees

(1)
Repealed.
(2)
(a)
At each regular session, the general assembly shall determine the amounts to be expended by the commission from the public utilities commission fixed utility fund created in section
40-2-114
for its administrative expenses under this article, including any additional FTE that may be necessary.
(b)
The director of the public utilities commission shall provide written notice to the revisor of statutes once the federal grant moneys made available under the "Moving Ahead for Progress in the 21st Century Act",
49 U.S.C. sec. 5329
, have been awarded to the state. This subsection (2) takes effect upon the receipt by the revisor of statutes of such written notice.
Amended by 2013 Ch. 96,§ 3, eff. 8/7/2013.
L. 97: Entire article added, p. 931, § 1, effective August 6. L. 2013: Entire section amended, (HB 13-1103), ch. 96, p. 310, § 3, effective August 7.
(1) The revisor of statutes received the notice referred to in former subsection (1)(b) that caused the repeal of that provision, effective May 1, 2017. (See L. 2013, p. 310.)
(2) The revisor of statutes received the notice referred to in subsection (2)(b) that allowed that provision to become effective May 1, 2017.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-101 - Certificate of incorporation

(1)
Any number of persons, not less than five, may associate to form a company for the purpose of constructing and operating a railroad.
(2)
The certificate of incorporation, in addition to the matter otherwise required, shall specify as follows:
(a)
The places from and to which it is intended to construct the proposed railway;
(b)
The time of the commencement and the period of the continuance of such proposed corporation;
(c)
The names and places of residence of the several persons forming the association for incorporation; and
(d)
In what officers or persons the government of the proposed corporation and the management of its affairs shall be vested.
G.L. § 298. G.S. § 333. R.S. 08: § 5410. C.L. § 2815. CSA: C. 139, § 1. CRS 53: § 116-1-1. C.R.S. 1963: § 116-1-1. L. 69: p. 966, § 1.
For the disposition of unclaimed freight, see article 13 of title 38; for lien on goods and baggage, see § 38-20-105; for the assessment of railroad property for the purpose of taxation, see article 4 of title 39; for provisions applicable to public utilities generally, see articles 1 to 9.5 of this title.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-102 - Powers of corporation

(1)
Every such corporation, in addition to the powers conferred in articles
101
to
117
of title
7
, C.R.S., has the power:
(a)
To lay out its road, not exceeding two hundred feet in width, and to construct the same; and for the purpose of cuttings and embankments to take as much more land as may be necessary for the proper construction and security of the railway; and to cut down any standing trees that may be in danger of falling or obstructing the railway, making proper compensation therefor;
(b)
To cross, intersect, or connect its railway with any other railway;
(c)
To connect at the state line with railroads of other states and territories;
(d)
To receive and convey persons and property on its railway;
(e)
To erect and maintain all buildings and stations, fixtures, and machinery necessary and convenient for the accommodation, and use of passengers, freights, and business interests or which may be necessary for the construction or operation of said railway;
(f)
To regulate the time and manner in which passengers and property shall be transported and the compensation to be paid therefor;
(g)
From time to time, to borrow such sums of money as may be necessary for completing, finishing, improving, or operating any such railway, and to issue and dispose of its bonds for any amount so borrowed, and to mortgage its corporate property and franchise to secure the payment of any debt contracted by such corporation for such purposes, in such manner as the shareholders representing a majority of the stock of any such corporation may direct;
(h)
Notwithstanding any provision of law to the contrary, to invest in any of the following if such investment is consistent with sound investment policy:
(I)
Any public-private initiative with the department of transportation, as defined in section
43-1-1201 (3)
, C.R.S.;
(II)
Bonds issued for turnpikes in accordance with part 2 of article
3
of title
43
, C.R.S.;
(III)
Repealed.
(IV)
Any other public-private initiative program for transportation system projects in Colorado authorized by law.
G.L. § 301. G.S. § 336. R.S. 08: § 5411. C.L. § 2816. CSA: C. 139, § 2. CRS 53: § 116-1-2. C.R.S. 1963: § 116-1-2. L. 93: IP(1) amended, p. 866, § 45, effective 7/1/1994. L. 98: (1)(h) added, p. 447, § 9, effective August 5. L. 2005: (1)(h)(III) repealed, p. 290, § 42, effective August 8.
For the legislative declaration contained in the 1998 act enacting subsection (1)(h), see section 1 of chapter 154, Session Laws of Colorado 1998.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-103 - Right-of-way for changed line - sale of right-of-way for public passenger rail service - definitions

(1)
Any railroad company having located its line of road, whether the same is completed or not, may make a new location of its line and may acquire the right-of-way for such new line in the same manner as is now provided for acquiring the right-of-way by the statutes of Colorado; but in acquiring said new right-of-way, the previous right-of-way shall revert to the owner of the land through which said previous right-of-way was granted upon the payment or tendering payment to the railroad company of the amount assessed by the board of appraisers and paid by said railroad company for said previous right-of-way.
(2)
(a)
Any railroad company may sell its right-of-way for the operation of a public passenger rail service. In such case, the right-of-way shall continue to be used as a public highway only for operation of public passenger rail service for purposes of section 4 of article XV of the state constitution if ownership of the right-of-way is transferred to a public passenger rail service provider, regardless of:
(I)
Whether or not an order of abandonment has been issued for the right-of-way by the federal surface transportation board, any successor federal agency, or any court of competent jurisdiction;
(II)
The technology used to operate the public passenger rail service; or
(III)
Whether ownership of the railroad is public or private.
(b)
No rail service provider operating public passenger rail service as authorized by paragraph (a) of this subsection (2) shall be required to offer its right-of-way for use by any other rail service provider by operation of Colorado law after an order of abandonment has been issued.
(3)
Nothing in this section shall be construed to affect any vested right of any party.
(4)
For purposes of this section, "public passenger rail service" means any passenger service that runs on rails or electromagnetic guideways, including but not limited to:
(a)
Commuter or other short-haul railroad passenger service in a metropolitan or suburban area;
(b)
High-speed ground transportation systems that connect metropolitan areas; or
(c)
Rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
L. 1874: p. 224, § 1. G.L. § 2234. G.S. § 2795. R.S. 08: § 5519. C.L. § 2902. CSA: C. 139, § 88. CRS 53: § 116-1-3. C.R.S. 1963: § 116-1-3. L. 2010: Entire section amended, (HB 10-1276), ch. 201, p. 875, §1, effective August 11.
For procedure in eminent domain, see articles 1 to 7 of title 38.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-104 - May guarantee bonds and interest

It is lawful for any railroad company organized, existing, or doing business in the state of Colorado under the laws of the state of Colorado, upon good consideration, to guarantee the payment of any mortgage, mortgage bonds, or interest coupons of any other railroad connecting with said first named railroad. It is also lawful for any such railroad, upon good consideration, to guarantee to said road the payment of interest upon its capital stock.
L. 1887: p. 369, § 1. R.S. 08: § 5412. C.L. § 2817. CSA: C. 139, § 3. CRS 53: § 116-1-4. C.R.S. 1963: § 116-1-4.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-105 - Construction started within two years

If any railway corporation, within two years after its articles of association have been filed and recorded, does not begin the construction of its road and expend thereon twenty percent of the amount of its capital within five years after the date of its organization, its corporate existence and power shall cease; but any such railway corporation at any time may reduce its capital stock in the manner and form provided by the laws of this state, and if twenty percent of the amount of its capital, as so reduced, has at any time been expended in good faith in the construction of its road, then its corporate existence and power shall not cease or be deemed to have ceased.
G.L. § 303. G.S. § 337. L. 1889: p. 95 § 1. R.S. 08: § 5413. C.L. § 2818. CSA: C. 139, § 4. CRS 53: § 116-1-5. C.R.S. 1963: § 116-1-5.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-106 - Directors - election

At any meeting of the stockholders of any railroad corporation formed under the laws of this state for the election of directors, managers, or trustees, the stockholders may classify the directors in three equal classes, as near as may be, one of which classes shall hold office for one year, one for two years, and one for three years until its successors are respectively elected; and at all subsequent elections, in the event such classification is made, directors shall be elected for three years to fill the places made vacant by the class whose term of office expires at that time.
G.L. § 319. G.S. § 362. R.S. 08: § 5414. C.L. § 2819. CSA: C. 139, § 5. CRS 53: § 116-1-6. C.R.S. 1963: § 116-1-6.
For provisions regarding directors and their election, see part 1 of article 108 of title 7.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-107 - Stockholders to fix interest and loans

At all general meetings of the stockholders, those holding a majority in the value of the stock of any such corporation may fix the rates of interest which shall be paid by the corporation for loans for the construction of such railway and its appendages and the amount of such loans.
G.L. § 300. G.S. § 335. R.S. 08: § 5415. C.L. § 2820. CSA: C. 139, § 6. CRS 53: § 116-1-7. C.R.S. 1963: § 116-1-7.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-108 - Purchase or lease of other lines - sale

Any railroad company owning or operating, or formed to own or operate, a line of railroad in this state may lease or purchase other lines of railroad within or without this state which shall connect with the road operated or to be operated by such company, directly or by means of any other line which such company has the right by contract or otherwise, when constructed, to use or operate, and may acquire and may hold the obligations and stock of other companies owning or operating any such line of railroad which such company is so authorized to lease or purchase or with which, under the laws of the state of Colorado, it may be authorized to consolidate, and any railroad corporation may lease or sell its line of railroad to any other company authorized to lease or purchase the same. No line of railroad shall be so leased, purchased, or sold until a meeting of the stockholders of the companies party to such agreement of lease or sale has been called for that purpose in such manner as provided for the annual stockholders' meeting, and the holders of at least two-thirds of the stock of such companies consent thereto or, in the case of a foreign corporation, unless the consent thereto of the stockholders has been obtained to the extent required and in the manner provided by the laws of the place of incorporation. Nothing in this section shall be deemed to authorize the lease, purchase, or sale of competing or parallel lines or to exclude the jurisdiction of this state over the control or regulation of all railroads or parts of the same as are situated within the boundaries of this state.
L. 1899: p. 313, § 1. R.S. 08: § 5418. C.L. § 2821. L. 27: p. 580, § 1. CSA: C. 139, § 7. CRS 53: § 116-1-8. C.R.S. 1963: § 116-1-8.
For the call of stockholders' meeting, see §§ 7-107-102 and 7-107-103.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-109 - Dining cars need no license

No person or corporation shall be required to obtain or pay any town, city, county, or state license or tax within the state of Colorado by reason of furnishing or serving to passengers upon any railroad train meals, luncheons, or refreshments in any hotel car, dining car, or buffet car operated by such person or corporation.
L. 1891: p. 260, § 1. R.S. 08: § 5521. C.L. § 2904. CSA: C. 139, § 90. CRS 53: § 116-1-9. C.R.S. 1963: § 116-1-9.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-110 - Title to equipment

In any written contract for the sale of railroad equipment or rolling stock, deliverable immediately or subsequently, at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property so sold or contracted to be sold shall not pass to or vest in the vendee until the purchase money has been fully paid or that the vendor shall retain a lien thereon for the unpaid purchase money, notwithstanding delivery thereof to and possession by the vendee for a period not to exceed twenty-five years in any one contract, which terms shall be expressed in said contract; but the situs or location of all such property shall, for the purposes of taxation and revenue, be deemed to be within the state of Colorado.
L. 1885: p. 302, § 1. L. 05: p. 305, § 1. R.S. 08: § 5523. C.L. § 2906. CSA: C. 139, § 92. CRS 53: § 116-1-10. C.R.S. 1963: § 116-1-10.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-111 - Lease may stipulate sale

In any written contract for the leasing or renting of railroad equipment or rolling stock, it is lawful to stipulate for a conditional sale thereof at the termination of such lease and to stipulate that the rentals received, as paid or when paid in full, may be applied and treated as purchase money and that the title to such property shall not vest in such lessee or vendee until the purchase money has been paid in full, notwithstanding delivery to and possession by such lessee or vendee.
L. 1885: p. 303, § 2. R.S. 08: § 5524. C.L. § 2907. CSA: C. 139, § 93. CRS 53: § 116-1-11. C.R.S. 1963: § 116-1-11.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-112 - Execution of contract

(1)
Every such contract, specified in sections
40-20-110
and
40-20-111
, shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors, provided:
(a)
The contract is acknowledged by the vendee or lessee before some officer authorized by law to take acknowledgments of deeds;
(b)
Such instrument is recorded or a copy thereof filed in the office of the secretary of state and in the office of the county clerk and recorder of each of the counties in which the railroad may be operated in this state;
(c)
Each locomotive engine or car so sold or contracted to be sold or leased has the name of the vendor or lessor or the assignee of such vendor or lessor plainly placed or marked on each side thereof or otherwise marked so as to indicate the ownership thereof or that the same is covered by such special contract.
L. 1885: p. 303, § 3. R.S. 08: § 5525. C.L. § 2908. CSA: C. 139, § 94. CRS 53: § 116-1-12. C.R.S. 1963: § 116-1-12.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-113 - Acknowledgments

The acknowledgments of such contracts may be made in the form required as to conveyances of real estate.
L. 1885: p. 303, § 5. R.S. 08: § 5527. C.L. § 2910. CSA: C. 139, § 96. CRS 53: § 116-1-13. C.R.S. 1963: § 116-1-13.
For form of real estate conveyance acknowledgments, see § 38-35-101.
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 1 - GENERAL (§§ 40-20-101 — 40-20-114) › Section 40-20-114 - Term of existence - renewal

No such corporation shall be formed to continue more than fifty years in the first instance, but such corporation may be renewed from time to time, in such manner as may be provided by law, for periods not longer than fifty years.
G.L. § 299. G.S. § 334. R.S. 08: § 5419. C.L. § 2822. CSA: C. 139, § 8. CRS 53: § 116-1-14. C.R.S. 1963: § 116-1-14.
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 2 - [Repealed] (§ 40-20-201) › Section 40-20-201 - to 40-20-206 - [Repealed]

(1) This part 2 was added in 1996 and was not amended prior to its repeal in 1997.
(2) Section 40-20-206 provided for the repeal of this part 2, effective July 1, 1997. (See L. 96, p. 839.)
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 40-20-303 - 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; and
(d)
The percentage of time that each type of wayside detector was operational for the previous year.
(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" means:
(I)
An ambulance operated by a public authority or by a private person;
(II)
A police vehicle;
(III)
A fire engine;
(IV)
A vehicle operated by a power company, electric company, or other public utility;
(V)
A vehicle used for emergency purposes by the federal government of the United States; or
(VI)
Any other vehicle that is being operated for the purpose of saving life or property or responding to any public peril.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-304 - Emergency operations

(1)
State emergency response authorities may recommend 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.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-305 - 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 with other railroads or 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 each year 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.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-306 - Emergency notifications

(1)
Within thirty minutes after discovering an emergency involving a train, unless communication is impossible, 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, the 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.
(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.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-307 - Reporting violation to union representative - request for investigation

(1)
A crew member of a train operated by a railroad in the state may report to the crew member's designated union representative:
(a)
A violation of any of the safety requirements specified in this part 3;
(b)
An injury the crew member or another crew member sustained while operating a train on any track in connection with railroad transportation in the state; or
(c)
A death that occurred during the operation of a train.
(2)
A designated union representative receiving a report may request an investigation from the office of rail safety.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-308 - Violations - penalties - rules

(1)
If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violation constitutes a separate violation.
(2)
Notwithstanding subsection (1) of this section, the public utilities commission may impose a fine of up to one hundred thousand dollars per violation if the commission finds:
(a)
The railroad intentionally or knowingly violated section 40-20-303; or
(b)
The railroad's violation was part of a pattern and practice of repeated violations of section 40-20-303.
(3)
The public utilities commission shall transfer all fines collected pursuant to subsections (1) and (2) of this section to the state treasurer, who shall credit the fines to the fund.
(4)
The public utilities commission shall promulgate rules for the determination, imposition, and appeal of fines under this section.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-309 - Rail district maintenance and safety fund - created

(1)
The rail district maintenance and safety fund is hereby created in the state treasury. The fund consists of any money credited to the fund pursuant to section 40-20-308 (3) and any other money that the general assembly may appropriate or transfer to the fund.
(2)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3)
(a)
For the 2025-26 state fiscal year and each state fiscal year thereafter, money in the fund is annually appropriated to the transit and rail division in the department of transportation. The division may expend the money received for the purposes of:
(I)
Safety planning and development during the research, development, and construction of a passenger rail system;
(II)
Planning, design, construction, or maintenance and operation of safety improvements on any railroad or railroad crossing in the state; and
(III)
Completing capital development projects to improve the safety of a passenger rail system.
(b)
Money in the fund is not intended to increase the number of full-time employees of the department of transportation.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-310 - Training - rules

(1)
On or before July 1, 2025, and at least once every three years thereafter, each railroad shall offer training to each fire department and other first responder organization having jurisdiction along tracks upon which the railroad operates in the state. In satisfying this requirement, a railroad may offer such training simultaneously to more than one fire department and other first responder organization.
(2)
The training described in subsection (1) of this section must:
(a)
Address the general hazards of hazardous materials, techniques to assess risks posed to the environment and to the safety of emergency responders and the public, factors an incident commander must consider in determining whether to attempt to suppress a fire or to evacuate the public and emergency responders from an area, public notification processes, environmental contamination response, resource coordination, and other strategies for initial response by emergency responders; and
(b)
Include safety drills that implement suggested protocols or practices for emergency responders to use to safely accomplish the tasks described in subsection (2)(a) of this section. Each railroad operating trains in Colorado shall conduct at least one oil containment, recovery, and sensitive area protection walkthrough; tabletop exercise; or functional exercise involving oil or hazardous substances every year, and at least one full-scale exercise every five years, in coordination with local emergency management organizations and local fire chiefs.
(3)
The public utilities commission shall promulgate rules for the implementation of this section, including rules concerning training content, safety drills, communication, and railroad incident response requirements.
(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.
(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.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-313 - 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 class II or class III railroad in the state;
(III)
One member who represents a railroad that operates a passenger rail line;
(IV)
Two members who represent first responder organizations; and
(V)
Three members with expertise concerning rail safety, rail operations, emergency response, or transportation regulation.
(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.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-314 - Enforcement

The public utilities commission shall conduct periodic compliance reviews to ensure each railroad is in compliance with this part 3.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
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 40-20-315 - Severability

If any provision of this part 3 or the application of this part 3 to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 3 that can be given effect without the invalid provision or application, and to this end the provisions of this part 3 are declared to be severable.
Added by 2024 Ch. 161,§ 1, eff. 7/1/2024.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 21 - GENERAL OFFICES (§§ 40-21-101 — 40-21-103) › Section 40-21-101 - Domestic railroads - headquarters

Every railroad company chartered by this state shall keep and maintain permanently its general offices within the state of Colorado at the place named in its charter for the location of its general offices; and, if no certain place is named in its charter where its general offices shall be located and maintained, said railroad company shall keep and maintain its general offices at the place within this state where it contracts or agrees for a valuable consideration to locate its general offices; and, if said railroad company has not contracted or agreed for a valuable consideration to maintain its general offices at any certain place within this state, such general offices shall be located and maintained at such place on its line in this state as said railroad company may designate.
L. 09: p. 471, § 1. C.L. § 2824. CSA: C. 139, § 10. CRS 53: § 116-2-1. C.R.S. 1963: § 116-2-1. L. 2000: Entire section amended, p. 218, § 6, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 21 - GENERAL OFFICES (§§ 40-21-101 — 40-21-103) › Section 40-21-102 - Officials at general offices

It is the duty of said railroad company to keep and maintain at the place within this state where its said general offices are located the office of its president or vice-president, secretary, treasurer, local treasurer, auditor, general freight agent, traffic manager, general manager, general superintendent, general passenger and ticket agent, chief engineer, superintendent of motive power and machinery, master mechanic, master of transportation, fuel agent, and general claim agent; and each of its general offices, by whatsoever name known, shall be so kept and maintained at said place. This article shall apply to every person who performs the duties of any of said offices, by whatever title known, and the railroad company shall not be allowed to have any of the offices usually known as general offices at any other place than the place where it is required by this article to keep its general offices. Where the principal shops of any company are situated on its line in the state at a place other than the place where its general offices are located, the superintendent of motive power and machinery and the master mechanic, either or both, may have his office and residence at the place where such principal shops are located. The public utilities commission of the state of Colorado, where it is made to appear that any officer other than the general officers of any railroad company can more conveniently perform his duties by residing at some place on the line in Colorado other than the place where the general offices are situated, by order entered on its record may authorize any such officer so to reside and keep his office at such place.
L. 09: p. 472, § 2. C.L. § 2825. CSA: C. 139, § 11. CRS 53: § 116-2-2. C.R.S. 1963: § 116-2-2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 21 - GENERAL OFFICES (§§ 40-21-101 — 40-21-103) › Section 40-21-103 - Violation of article - penalty

Each railroad company chartered by this state or owning, operating, or controlling any line of railroad within this state which violates any of the provisions of this article shall forfeit to the state of Colorado the charter or right by which it operates its railroad in this state and be subject to a penalty of not less than five hundred dollars nor more than five thousand dollars for each and every day in which it violates any of the provisions of this article, to be recovered by suit in the name of the state of Colorado prosecuted by the district attorney of any judicial district in which any violation occurs to recover the penalty provided in this section for such violation. Any money recovered from any railroad company under the provisions of this article shall be paid into the state treasury and become a part of the available public school fund.
L. 09: p. 473, § 3. C.L. § 2826. CSA: C. 139, § 12. CRS 53: § 116-2-3. C.R.S. 1963: § 116-2-3. L. 2000: Entire section amended, p. 218, § 7, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 22 - CONSOLIDATION (§§ 40-22-101 — 40-22-107) › Section 40-22-101 - Consolidation of roads - restrictions

It is lawful for any railroad company or corporation, organized or existing under the laws of this state, and whose line or road is made or is in the process of construction to the boundary line of the state or to any point either in or out of the state, under authority of its laws, to merge and consolidate its capital stock, franchises, and property into and with the capital stock, franchises, and property of any other railroad company or corporation organized and existing under the laws of any adjoining state whenever the two or more railroads of the companies or corporations so to be consolidated form a continuous line of railroad with each other or by means of any intervening railroad; and roads running to the bank of a river which is not bridged shall be held to be continuous. Nothing in this article shall be taken to authorize the consolidation of any company or corporation of this state with that of any other state, unless the laws of such other state authorize such consolidation; but parallel or competing lines of railroad shall not be consolidated.
L. 1883: p. 117, § 1. G.S. § 353. R.S. 08: § 5421. C.L. § 2827. CSA: C. 139, § 13. CRS 53: § 116-3-1. C.R.S. 1963: § 116-3-1. L. 2002: Entire section amended, p. 1006, § 3, effective August 7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 22 - CONSOLIDATION (§§ 40-22-101 — 40-22-107) › Section 40-22-103 - Result of consolidation

Upon making and perfecting the agreement and act of consolidation and filing the same or a copy with the secretary of state, the several corporations which are parties thereto shall be deemed to be one corporation by the name provided in said agreement, possessing within this state all the rights, privileges, and franchises, and subject to all the restrictions, disabilities, and duties of each of such corporations so consolidated.
L. 1883: p. 119, § 3. G.S. § 355. R.S. 08: § 5423. C.L. § 2829. CSA: C. 139, § 15. CRS 53: § 116-3-3. C.R.S. 1963: § 116-3-3.
For merger and consolidation of domestic corporations, see article 111 of title 7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 22 - CONSOLIDATION (§§ 40-22-101 — 40-22-107) › Section 40-22-104 - Property of each transferred

(1)
Upon the consummation of said act of consolidation, all the rights, privileges, and franchises of each of said corporations, parties to the same, and all the property, real, personal, and mixed, and all debts due on whatever account, as well as stock subscriptions and other things in action, belonging to each of such corporations shall be deemed to be transferred to and vested in such new corporation without further act or deed. All property, all rights-of-way, and every other interest shall be as effectually the property of the new corporation as they were of the former corporations.
(2)
The title to real estate, either by deed or otherwise, under the laws of this state or of the United States, vested in any of such corporations, shall not be deemed to revert or be in any way impaired by reason of this article, nor shall the lien, operation, or effect of any trust deed or mortgage executed by any of the corporations so consolidating be in any way divested, impaired, or affected. The new corporation shall have the right to execute any future trust deed or mortgage upon its property, as shall be provided in the agreement of consolidation, not inconsistent with the laws of this state, and all debts, liabilities, and duties of either of said companies shall attach to said new corporation, and be enforced against it, to the same extent as if said debts, liabilities, and duties had been incurred or contracted by it.
L. 1883: p. 120, § 4. G.S. § 356. R.S. 08: § 5424. C.L. § 2830. CSA: C. 139, § 16. CRS 53: § 116-3-4. C.R.S. 1963: § 116-3-4.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 22 - CONSOLIDATION (§§ 40-22-101 — 40-22-107) › Section 40-22-105 - Offices - one in this state

Such new company, as soon as convenient after such consolidation, shall establish such offices as may be desired, one of which shall be at some point in this state on the line of its road, and may change the same to any other point in this state at pleasure, giving public notice thereof in some newspaper published in this state.
L. 1883: p. 120, § 5. G.S. § 357. R.S. 08: § 5425. C.L. § 2831. CSA: C. 139, § 17. CRS 53: § 116-3-5. C.R.S. 1963: § 116-3-5.
For the duty of railroad companies to maintain general offices in this state, see § 40-21-101.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 22 - CONSOLIDATION (§§ 40-22-101 — 40-22-107) › Section 40-22-106 - Consolidation of domestic and foreign corporation

If any railroad company organized under the laws of this state consolidates with any railroad company organized under the laws of any other state or of the United States, the same shall not become a foreign corporation, and the courts of this state shall retain jurisdiction in all cases which may arise, as if said consolidation had not taken place.
L. 1883: p. 121, § 6. G.S. § 358. R.S. 08: § 5426. C.L. § 2832. CSA: C. 139, § 18. CRS 53: § 116-3-6. C.R.S. 1963: § 116-3-6.