Incident response requirements

(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.