Colorado § 40-20-305 Incident response requirements

Colorado Statutes

§ 40-20-305 — Incident response requirements

Colorado § 40-20-305

Title 40Utilities

Art.Organization and Government

This text of Colorado § 40-20-305 (Incident response requirements) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 40-20-305 (2026).

Text

(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 t

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(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.