(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.
Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 751, � 1, effective July 1.
40-20-306. Emergency notifications - accident response - immunity from civil liability - report. (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 in the department of public safety 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) Immediately after receiving the emergency notification described in subsection (1) of this section, the state's watch center in the department of public safety shall notify the commission and the office of rail safety of the incident. The notification must include the information listed in subsection (2) of this section.
(b) Within thirty days after receiving the emergency notification described in subsection (4)(a) of this section, the office of rail safety shall notify the community rail safety advisory committee and the rail industry safety advisory committee of the incident. The notification must include the information listed in subsection (2) of this section.
(5) (a) Subject to federal regulations and the most recent edition of the General Code of Operating Rules published by the general code of operating rules committee, 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 crossing.
(b) A railroad employee or a crew member of a train operated by a railroad 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 pursuant to subsection (5)(a) of this section.
(6) (a) On or before February 1, 2026, and on or before February 1 of each year thereafter, the commission shall provide a report to the transportation, housing, and local government committee of the house of representatives and the transportation and energy committee of the senate, or their successor committees, containing the details of the information reported pursuant to subsection (2) of this section.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement described in subsection (6)(a) of this section continues indefinitely.
Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 752, � 1, effective July 1. L. 2025: IP(1) and (4) amended and (5) and (6) added, (SB 25-162), ch. 420, p. 2372, � 3, effective June 4.
Cross references: For the legislative declaration in SB 25-162, see section 1 of chapter 420, Session Laws of Colorado 2025.
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.
Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 753, � 1, effective July 1.