NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 07-006
      
      
      BY SENATOR(S) Takis, Isgar, May R., and Williams;
      also REPRESENTATIVE(S) Kerr J., Borodkin, Green, McFadyen,
      Pommer, and Rose.
      
      
      Concerning authorization for the abolition of a redundant,
           nonsignalized, and unattended at-grade railroad crossing
           without a hearing before the public utilities commission.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  40-4-106 (3) (a), Colorado Revised Statutes, is
      amended to read:
      
           40-4-106.  Rules for public safety - crossings - allocation of
      expenses.  (3) (a) (I)  The commission also has power upon its own motion
      or upon complaint and after hearing, of which all the parties in interest
      including the owners of adjacent property shall have due notice, to order
      any crossing constructed at grade or at the same or different levels, to be
      relocated, altered, or abolished, according to plans and specifications to be
      approved and upon just and reasonable terms and conditions to be
      prescribed by the commission, and to prescribe the terms upon which the
      separation should be made and the proportion in which the expense of the
      alteration or abolition of the crossing or the separation of the grade should
      be divided between the railroad corporations affected or between the
      corporation and the state, county, municipality, or public authority in
      interest.
      
           (II)  Notwithstanding the provisions of subparagraph (I) of
      this paragraph (a), the affected railroad corporation, the
      commission, the department of transportation, or the local
      government responsible for supervising and maintaining the
      intersecting public highway or road may abolish any crossing at
      grade of any public highway or road over the tracks of a
      corporation if:
      
           (A)  The crossing is without gates, signals, alarm bells, or
      warning personnel and is located within one-quarter mile of a
      crossing with gates, signals, alarm bells, or warning personnel or
      a separated grade crossing;
      
           (B)  The crossing is not the only crossing that provides
      access to property;
      
           (C)  No less than sixty days prior to the proposed abolition
      date, the railroad corporation, commission, department of
      transportation, or local government posts conspicuous notice of
      the proposed abolition at the crossing and gives written notice of
      the proposed abolition to all other entities authorized to initiate
      abolition of the crossing pursuant to this subparagraph (II); and
      
           (D)  Neither any entity given notice nor any other
      interested party files an objection to the abolition pursuant to
      subparagraph (III) of this paragraph (a).
      
           (III)  A crossing shall not be abolished pursuant to
      subparagraph (II) of this paragraph (a) if an entity given notice
      pursuant to sub-subparagraph (C) of subparagraph (II) of this
      paragraph (a) or any other interested party, within sixty days of
      receiving such notice, files with the commission and provides to
      the entity that gave notice of the proposed abolition a written
      objection to the abolition.  The written objection shall include a
      statement by a professional engineer licensed to practice in
      Colorado that indicates that the engineer is familiar with the
      requirements of subparagraph (II) of this paragraph (a) and all
      relevant aspects of the crossing and has examined the crossing
      and believes that it is safe as designed.  However, nothing in this
      subparagraph (III) shall preclude the abolition of the crossing
      pursuant to subparagraph (I) of this paragraph (a).
      
           SECTION 2.  Effective date.  This act shall take effect at 12:01
      a.m. on the day following the expiration of the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution, (August 8, 2007, if adjournment sine die is on May 9, 2007);
      except that, if a referendum petition is filed against this act or an item,
      section, or part of this act within such period, then the act, item, section, or
      part, if approved by the people, shall take effect on the date of the official
      declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO