(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.