BY REPRESENTATIVES Chavez, McElhany, and Schwarz;
also SENATOR Blickensderfer.
CONCERNING THE DESIGNATION OF THE PUBLIC UTILITIES
COMMISSION AS THE STATE OVERSIGHT AGENCY FOR SYSTEM SAFETY OF
RAIL FIXED GUIDEWAY SYSTEMS OPERATING WITHIN THE STATE, AND MAKING
AN APPROPRIATION THEREFOR.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Title
40, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 18
Rail Fixed Guideway System Safety Oversight
4018101. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "APTA GUIDELINES" MEANS
THE PROVISIONS CONTAINED IN THE AMERICAN PUBLIC TRANSIT ASSOCIATION'S
"MANUAL FOR THE DEVELOPMENT OF RAIL TRANSIT SYSTEM SAFETY
PLANS", PUBLISHED ON AUGUST 20, 1991, AS AMENDED.
(2) "COMMISSION" MEANS THE PUBLIC
UTILITIES COMMISSION OF THE STATE OF COLORADO.
(3) "RAIL FIXED GUIDEWAY SYSTEM"
MEANS ANY LIGHT, HEAVY, OR RAPID RAIL SYSTEM, MONORAIL, INCLINED
PLANE, FUNICULAR, TROLLEY, OR AUTOMATED GUIDEWAY USED TO TRANSPORT
PASSENGERS THAT IS NOT REGULATED BY THE FEDERAL RAILROAD ADMINISTRATION.
THE TERM "RAIL FIXED GUIDEWAY SYSTEM" DOES NOT INCLUDE
FUNICULARS THAT ARE PASSENGER TRAMWAYS AS DEFINED IN SECTION 255702
(4) (c), C.R.S., AND ARE SUBJECT TO THE JURISDICTION OF THE COLORADO
PASSENGER TRAMWAY SAFETY BOARD CREATED IN SECTION 255703,
C.R.S.
(4) "SYSTEM SAFETY PROGRAM PLAN"
MEANS A DOCUMENT ADOPTED BY A TRANSIT AGENCY THAT DETAILS ITS
SAFETY POLICIES, OBJECTIVES, RESPONSIBILITIES, AND PROCEDURES.
(5) "SYSTEM SAFETY PROGRAM STANDARD"
MEANS A SAFETY STANDARD DEVELOPED BY THE COMMISSION IN CONFORMANCE
WITH 49 C.F.R. 659, "RAIL FIXED GUIDEWAY SYSTEMS; STATE SAFETY
OVERSIGHT".
(6) "TRANSIT AGENCY" MEANS AN
ENTITY OPERATING A RAIL FIXED GUIDEWAY SYSTEM.
4018102. Rail fixed guideway
system safety oversight program commission may establish.
THE COMMISSION IS AUTHORIZED TO ESTABLISH AN OVERSIGHT PROGRAM
FOR THE SAFETY AND SECURITY OF RAIL FIXED GUIDEWAY SYSTEMS IN
ACCORDANCE WITH SECTION 28 OF THE "INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT OF 1991", 49 U.S.C. SEC. 5330.
4018103. Commission to
promulgate rules. (1) THE COMMISSION
SHALL PROMULGATE RULES AS ARE NECESSARY TO:
(a) REQUIRE, REVIEW, APPROVE, AND MONITOR
THE CREATION AND IMPLEMENTATION OF A SYSTEM SAFETY PROGRAM PLAN
FOR EACH RAIL FIXED GUIDEWAY SYSTEM OPERATING IN COLORADO;
(b) INVESTIGATE HAZARDOUS CONDITIONS AND
ACCIDENTS ON RAIL FIXED GUIDEWAY SYSTEMS;
(c) REQUIRE CORRECTIVE ACTION BY A TRANSIT AGENCY TO CORRECT OR ELIMINATE HAZARDOUS CONDITIONS;
(d) REQUIRE THAT SYSTEM SAFETY PROGRAM
STANDARDS COMPLY WITH THE APTA GUIDELINES, AT A MINIMUM, AND ALSO
ADEQUATELY ADDRESS THE ISSUE OF PERSONAL SECURITY.
(2) THE COMMISSION SHALL PROMULGATE RULES
TO ESTABLISH A SYSTEM SAFETY OVERSIGHT PROGRAM FOR RAIL FIXED
GUIDEWAY SYSTEMS OPERATING WITHIN THE STATE THAT, AT A MINIMUM,
MEETS THE REQUIREMENTS OF 49 C.F.R. 659, "RAIL FIXED GUIDEWAY
SYSTEMS; STATE SAFETY OVERSIGHT".
4018104. Confidential investigative
reports. INVESTIGATIVE REPORTS OF THE
COMMISSION COMPILED UNDER THIS ARTICLE SHALL BE CONFIDENTIAL AND
SHALL NOT BE DISCOVERABLE NOR USED AS EVIDENCE IN ANY COURT OR
ADMINISTRATIVE ACTION.
4018105. Calculation and
assessment of fees. AT EACH REGULAR SESSION,
THE GENERAL ASSEMBLY SHALL DETERMINE THE AMOUNTS TO BE EXPENDED
BY THE COMMISSION FOR ITS ADMINISTRATIVE EXPENSES UNDER THIS ARTICLE,
INCLUDING ANY ADDITIONAL FTE THAT MAY BE NECESSARY. THE COMMISSION
SHALL ASSESS FEES IN AMOUNTS THAT, IN THE AGGREGATE, EQUAL THE
ADMINISTRATIVE EXPENSES. SUCH FEES SHALL BE ASSESSED AGAINST THE
OPERATORS OF ALL RAIL FIXED GUIDEWAY SYSTEMS OPERATING WITHIN
THE STATE, AND SHALL BE APPORTIONED ON THE BASIS OF THE RAIL MILES
OF EACH SYSTEM IN PROPORTION TO THE TOTAL RAIL MILES OF ALL SYSTEMS.
ALL FEES COLLECTED UNDER THIS SECTION SHALL BE REMITTED TO THE
STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE PUBLIC UTILITIES
COMMISSION FIXED UTILITY FUND CREATED PURSUANT TO SECTION 402114.
SECTION 2. 329119
(1) (t), Colorado Revised Statutes, as amended, is amended to
read:
329119. Additional powers
of district. (1) In addition
to any other powers granted to the district in this article, the
district has the following powers:
(t) To have the management, control, and
supervision of all business and affairs relating to any mass transportation
facility authorized in this article, subject to the provisions
of section 329119.5 for the operation of the district's
bus operations, or otherwise concerning the district, and of the
acquisition, improvement, equipment, operation, maintenance, and
disposal of any property relating to any such mass transportation
facility; EXCEPT THAT THE OVERSIGHT OF OPERATIONS AND FACILITIES
FOR SAFETY PURPOSES AS REQUIRED BY 49 C.F.R. 659, "RAIL FIXED
GUIDEWAY SYSTEMS; STATE SAFETY OVERSIGHT", AND ARTICLE 18
OF TITLE 40, C.R.S., SHALL BE SUBJECT TO THE JURISDICTION OF THE
PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO.
SECTION 3. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of any moneys in the public utility commission fixed utility
fund not otherwise appropriated, to the public utilities commission,
for the fiscal year beginning July 1, 1997, the sum of fiftyfive
thousand six hundred four dollars ($55,604) and 0.7 FTE, or so
much thereof as may be necessary, for the implementation of this
act.
SECTION 4. Effective date
applicability. (1) This act
shall take effect at 12:01 a.m. on the day following the expiration
of the ninetyday 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;
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.
(2) The provisions of this act shall apply
to violations on or after the applicable effective date of this
act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO