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Code of Colorado Regulations eDocket
Details of Tracking Number
2025-00148
CCR details
| Tracking Number |
2025-00148 |
| Type of Filing |
Emergency |
| Department |
700 Department of Regulatory Agencies |
| Agency |
723 Public Utilities Commission |
| CCR Number |
4 CCR 723-7 |
| CCR Title |
RULES REGULATING RAILROADS, RAIL FIXED GUIDEWAYS, TRANSPORTATION BY RAIL, AND RAIL CROSSINGS |
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Proposed rule
| Rule |
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| Additional Information |
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| Statutory Authority |
The statutory authority for the temporary rules is found, generally, at § 40-2-108, C.R.S. (“authorizing the Commission to promulgate rules necessary to administer and enforce Title 40”) and § 24-4-103(6), C.R.S. (“allowing and specifying procedures for adoption of temporary rules”) and, specifically, in HB 24-1030, as codified at §§ 40-20-305 and 40-20-310, C.R.S. |
| Purpose/Objective of Rule |
This matter comes before the Commission for immediate adoption of temporary rules to implement certain critical amendments to the Rules Regulating Railroads, Rail Fixed Guideways, Transportation by Rail, and Rail Crossings contained in 4 Code of Colorado Regulations (“CCR”) 723-7 (“Rail Rules”). The statutory provisions necessitating immediate issuance of these temporary rules, §§ 40-20-302, 40-20-305, and 40-20-310, C.R.S., were enacted in House Bill (“HB”) 24-1030, which became effective on July 1, 2024. These temporary rules are necessary to implement the new statutory safety training and incident response requirements for railroads, starting July 1, 2025. Accordingly, and as discussed below, the temporary rules are adopted without compliance with the rulemaking procedures prescribed in § 24-4-103, C.R.S., so that railroads can fulfill the safety training and incident response requirements now required in state law, and to thereby provide for the health, safety, and welfare of the public. |
| Basis And Purpose |
BasisAndPurposeAttachment2025-00148.pdf
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| Comments |
Given the imminent statutory deadline of July 1, 2025, for railroads to offer their first training, and as authorized by § 24-4-103(6)(a), C.R.S., the Commission finds that immediate adoption of temporary rules implementing these new statutory requirements is imperatively necessary to comply with state law and to provide for the health, safety, and welfare of the public. The temporary rules outline the safety training content, required safety drills, communications requirements, and incident response requirements. In the interim of permanent rules, these temporary rules are necessary so that railroads subject to these training and incident response requirements can fully comply with the new law. Accordingly, by this Decision, we adopt for immediate effect temporary rules that implement the safety training and incident response requirements enacted in §§ 40-20-310, and 40-20-305, C.R.S., respectively, to allow Colorado railroads to timely offer the required training by July 1, 2025. |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
Yes
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| Recent legislation bill number |
House Bill 24-1030
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| Contact Name |
Pam Fischhaber |
| Contact Title |
Deputy Director, Public Safety |
| Contact Telephone |
303-894-2529 |
| Contact email |
pamela.fischhaber@state.co.us |
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Adopted rule
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