Title 40, Utilities

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 corpor…

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 f…

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 lo…

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…

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 buf…

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…

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 treate…

(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 t…

The acknowledgments of such contracts may be made in the form required as to conveyances of real estate. Source: 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.

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. Source: G.L. § 299. G.S. § 334. R.S. 08: § 5419. …

(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 i…

As used in this part 3, unless the context otherwise requires: (1) "Accident" has the meaning set forth in 49 CFR 225.5. (2) "Class I railroad" has the meaning set forth in 49 U.S.C. sec. 20102 (1). (3) "Class II railroad" has the meaning set forth in 49 U.S.C. sec. 20102 (1). (4…

(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 ty…

(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…

(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 an…

(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…

(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 opera…

(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 violat…

(1) Money credited or transferred to the state highway fund pursuant to sections 40-20-308 (3) and 40-20-309 (4) must be expended by the transit and rail division in the department of transportation for the purposes of: (a) Safety planning and development during the research, dev…

(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 requ…

(1) The office of rail safety is created with the mission of ensuring freight, passenger, community, and environmental rail safety in the state for the state's unique and delicate terrain, its headwaters, its communities, and its rail workers. The commission shall administer the …

(1) (a) Beginning on July 1, 2027, and subject to the deadlines described in subsection (3)(a) of this section, the following types of railroads shall pay an annual fee to cover the office of rail safety's and the commission's direct and indirect costs of implementing the require…

(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 o…

(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;…

The public utilities commission shall conduct periodic compliance reviews to ensure each railroad is in compliance with this part 3. Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 761, § 1, effective July 1.

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 …