A Bill for an Act
Page 1, Line 101Concerning the process to allow a transmission developer
Page 1, Line 102to locate high voltage transmission lines within a
Page 1, Line 103state highway right-of-way.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill allows a transmission developer to locate high voltage transmission lines within a state highway right-of-way, according to a process developed by rule by the department of transportation (department). The department may impose surcharges on a transmission developer for its co-location of high voltage lines in a state highway right-of-way, including a one-time surcharge to cover the costs of a permit for the use of the state highway right-of-way and an annual use surcharge. Upon the request of a transmission developer, the department is required to provide to the transmission developer the best available information on potential future state highway development projects that could impact the placement of a high voltage line within a state highway right-of-way. In assessing potential sites for the placement of high voltage lines, a transmission developer is required to consider development sites in the following order of priority: First, existing utility corridors; second, state highway rights-of-way; and last, new utility corridors.
The bill also requires the Colorado energy office and the Colorado electric transmission authority, through a public-private partnership and in collaboration with the department, the Colorado public utilities commission, and other state agencies, to study state highway corridors to identify potential corridors that may be suitable for high voltage transmission line development.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) Colorado will need to expand electric transmission to meet its
Page 2, Line 4clean energy and greenhouse gas reduction targets and reliability and affordability obligations;
Page 2, Line 5(b) It is the policy of the state that high voltage transmission lines
Page 2, Line 6may be constructed or maintained within the access control lines of
Page 2, Line 7highway, freeway, and interstate highway rights-of-way unless the
Page 2, Line 8executive director of the Colorado department of transportation,
Page 2, Line 9consulting with appropriate state agencies, disapproves of this co-location
Page 2, Line 10to protect public safety, communities, and wildlife habitat, crossings, and
Page 2, Line 11migratory corridors or to ensure the proper functioning of a state
Page 2, Line 12highway, freeway, or interstate highway. If the installation is on an
Page 2, Line 13interstate highway, the express approval of the federal highway
Page 2, Line 14administration is required and the project may be required to undergo the
Page 3, Line 1review process required by the federal "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321, et seq.
Page 3, Line 2(c) Co-locating transmission lines along highways can
Page 3, Line 3significantly reduce impacts on wildlife and habitat compared to building
Page 3, Line 4new lines through greenfield areas. The impacts on communities,
Page 3, Line 5including disproportionately impacted communities, must be evaluated
Page 3, Line 6and mitigated through the use of approaches like those outlined in the
Page 3, Line 7Colorado electric transmission authority's 2024 "Principles of Community
Page 3, Line 8Engagement" and the Colorado environmental justice action task force's 2022 "Final Report of Recommendations".
Page 3, Line 9SECTION 2. In Colorado Revised Statutes, add 43-1-228 as follows:
Page 3, Line 1043-1-228. High voltage lines in state highway right-of-way -
Page 3, Line 11development projects and priorities - surcharge - study - rules -
Page 3, Line 12definitions. (1) Definitions.As used in this section, unless the context otherwise requires:
Page 3, Line 13(a) "High voltage line" has the same meaning as set forth in section 29-7.5-103 (1).
Page 3, Line 14(b) "Rule" has the same meaning as set forth in section 24-4-102 (15).
Page 3, Line 15(c) "State highway" means any highway owned,
Page 3, Line 16controlled, or maintained by the state, including federal-aid
Page 3, Line 17primary or secondary systems or the interstate system. "State
Page 3, Line 18highway" does not include a public highway operated by a public
Page 3, Line 19highway authority in accordance with the "Public Highway Authority Law", part 5 of article 4 of this title 43.
Page 3, Line 20(d) "Transmission developer" means:
Page 4, Line 1(I) A transmission utility, as defined in section 40-5-108 (1)(b);
Page 4, Line 2(II) The Colorado electric transmission authority created in section 40-42-103;
Page 4, Line 3(III) A generation and transmission cooperative or association;
Page 4, Line 4(IV) An independent transmission developer, which is an
Page 4, Line 5entity not owned by a public or investor-owned utility and which develops transmission lines and infrastructure; and
Page 4, Line 6(V) Any of the following entities that have voted to
Page 4, Line 7exempt themselves from the "Public Utilities Law", articles 1 to 7 of title 40, pursuant to section 40-9.5-103:
Page 4, Line 8(A) A municipally owned utility;
Page 4, Line 9(B) A power authority established pursuant to section 29-1-204 (1); or
Page 4, Line 10(C) A cooperative electric association, as defined in section 40-9.5-102 (1).
Page 4, Line 11(2) State highway high voltage line co-location projects.
Page 4, Line 12(a) (I) Upon the request of a transmission developer, the
Page 4, Line 13department shall provide to the transmission developer the best
Page 4, Line 14available information on potential future state highway
Page 4, Line 15development projects, as included in the statewide
Page 4, Line 16transportation plan, that could impact the placement of a high voltage line within a state highway right-of-way.
Page 4, Line 17(II) The department shall process such a request for
Page 4, Line 18information in the order that it was received, in accordance
Page 4, Line 19with the department's special use permitting process.
Page 5, Line 1(b) (I) If the department and a transmission developer
Page 5, Line 2agree that an identified site may be suitable for development or
Page 5, Line 3construction of a high voltage line within a state highway
Page 5, Line 4right-of-way, the department shall develop a preconstruction
Page 5, Line 5plan review schedule that includes all applicable sections of
Page 5, Line 6the state highway utility accommodation code, 2 CCR 601-18, or any successor code.
Page 5, Line 7(II) Upon approval of the preconstruction requirements
Page 5, Line 8outlined in a preconstruction plan, the transmission developer
Page 5, Line 9shall provide a constructability, access, and maintenance
Page 5, Line 10report to be utilized when transmission line co-location projects
Page 5, Line 11in a state highway right-of-way are being planned and approved.
Page 5, Line 12The constructability, access, and maintenance report must
Page 5, Line 13outline mitigation strategies needed to effectively avoid or
Page 5, Line 14address potential transmission line impacts to communities,
Page 5, Line 15including disproportionately impacted communities, and to habitats, wildlife, and wildlife crossings.
Page 5, Line 16(III) A constructability, access, and maintenance report
Page 5, Line 17must be approved by the department before the department issues a permit for the use of a state highway right-of-way.
Page 5, Line 18(c) All work performed under a contract for the location
Page 5, Line 19of a high voltage line within a state highway right-of-way, as
Page 5, Line 20allowed pursuant to this section, that is an energy sector public
Page 5, Line 21works project, as defined in section 24-92-303 (5)(a), must comply
Page 5, Line 22with the requirements of section 24-92-115 (7) and part 2 of
Page 5, Line 23article 92 of title 24. Any contractor hired to perform such
Page 5, Line 24work shall comply with the labor standards described in section 40-42-107.
Page 6, Line 1(3) High voltage line or facility site priorities and evaluation by
Page 6, Line 2public utilities commission. (a) (I) In the construction or
Page 6, Line 3development of high voltage lines or facilities necessary for
Page 6, Line 4high voltage transmission, a transmission developer shall consider development sites in the following order of priority:
Page 6, Line 5(A) First, existing utility corridors, where adding new
Page 6, Line 6lines or making improvements to existing lines can achieve expanded electric capacity at the lowest possible cost;
Page 6, Line 7(B) Second, state highway rights-of-way; and
(C) Last, new utility corridors.
Page 6, Line 8(II) In assessing potential high voltage transmission line
Page 6, Line 9development sites in accordance with this subsection (3)(a), a
Page 6, Line 10transmission developer shall evaluate the economic impacts,
Page 6, Line 11engineering considerations, and reliability of the electric system.
Page 6, Line 12(b) (I) If required to file an application for a certificate of
Page 6, Line 13public convenience and necessity with the public utilities
Page 6, Line 14commission created in section 40-2-101, a transmission developer
Page 6, Line 15shall demonstrate that it has considered potential sites for
Page 6, Line 16high voltage transmission line developments in the order of
Page 6, Line 17priority listed in subsection (3)(a) of this section. The
Page 6, Line 18transmission developer shall include its assessment of potential
Page 6, Line 19sites and the underlying data used in the assessment as part of
Page 6, Line 20its application for a certificate of public convenience and necessity.
Page 6, Line 21(II) In evaluating an application for a certificate of public
Page 7, Line 1convenience and necessity from a transmission developer, the
Page 7, Line 2public utilities commission shall determine whether the
Page 7, Line 3transmission developer has provided the information required by subsection (3)(b)(I) of this section.
Page 7, Line 4(4) Surcharges for right-of-way access for transmission
Page 7, Line 5developer. (a) The department may impose surcharges on a
Page 7, Line 6transmission developer for its co-location of high voltage lines
Page 7, Line 7in a state highway right-of-way, including a one-time surcharge
Page 7, Line 8to cover the costs of a permit for the use of the state highway
Page 7, Line 9right-of-way and an annual use surcharge for the use of the state highway right-of-way.
Page 7, Line 10(b) (I) The department shall establish the surcharges by rule pursuant to subsection (6) of this section.
Page 7, Line 11(II) The surcharges for a transmission developer's use of
Page 7, Line 12a state highway right-of-way is an alternative method to
Page 7, Line 13compensating the state through in-kind infrastructure
Page 7, Line 14exchange in a public-private initiative, as defined in section
Page 7, Line 1543-1-1201 (3). The entity requesting access to the right-of-way
Page 7, Line 16has the discretion to choose which process it will use to compensate the state for its use of the right-of-way.
Page 7, Line 17(5) State highway corridor study - report. (a) Through a
Page 7, Line 18public-private partnership, where funding is provided by private
Page 7, Line 19partners, the Colorado electric transmission authority
Page 7, Line 20created in section 40-42-103, in collaboration with the
Page 7, Line 21department, the Colorado energy office created in section
Page 7, Line 2224-38.5-101, the Colorado public utilities commission created in
Page 7, Line 23section 40-2-101, and other state agencies, including the division
Page 8, Line 1of parks and wildlife in the department of natural resources
Page 8, Line 2created in section 33-9-104, shall study state highway corridors
Page 8, Line 3to identify potential corridors that may be suitable for high
Page 8, Line 4voltage transmission line development.The study must identify all private entities providing funding.
Page 8, Line 5(b) The Colorado energy office and the Colorado electric
Page 8, Line 6transmission authority shall complete the study required by
Page 8, Line 7this subsection (5) no later than eighteen months after the date that funding is secured from private partners.
Page 8, Line 8(c) The Colorado energy office and the Colorado electric
Page 8, Line 9transmission authority shall publish a report on the findings of
Page 8, Line 10the study required by this subsection (5) on their websites and
Page 8, Line 11shall share the report with the department, the Colorado public
Page 8, Line 12utilities commission, the division of parks and wildlife in the
Page 8, Line 13department of natural resources created in section 33-9-104, and, as appropriate, other state agencies.
Page 8, Line 14(6) Rules. (a) The department shall update its rules
Page 8, Line 15concerning access to state highway rights-of-way to
Page 8, Line 16accommodate high voltage lines pursuant to the state highway
Page 8, Line 17utility accommodation code, 2 CCR 601-18, or any successor code.
Page 8, Line 18(b) The executive director may adopt rules as necessary to implement this section. The rules must:
Page 8, Line 19(I) Clarify that longitudinal high voltage lines may be
Page 8, Line 20permitted in state highway rights-of-way if identified criteria are met;
Page 8, Line 21(II) Create a process through which a transmission
Page 9, Line 1developer must submit a request to the department for a permit
Page 9, Line 2for the use of a state highway right-of-way to construct a high voltage line;
Page 9, Line 3(III) Establish the process for the denial of a permit
Page 9, Line 4request submitted by a transmission developer for a high
Page 9, Line 5voltage line if the proposed project presents a risk to public
Page 9, Line 6safety or prevents the proper functioning of the state highway; and
Page 9, Line 7(IV) Set the surcharges as described in subsection (4) of this section.
Page 9, Line 8(c) The department shall update its rules as required by
Page 9, Line 9subsection (6)(a) of this section and adopt the rules required by subsection (6)(b) of this section no later than January 1, 2027.
Page 9, Line 10SECTION 3. Act subject to petition - effective date. This act
Page 9, Line 11takes effect at 12:01 a.m. on the day following the expiration of the
Page 9, Line 12ninety-day period after final adjournment of the general assembly; except
Page 9, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 9, Line 14of the state constitution against this act or an item, section, or part of this
Page 9, Line 15act within such period, then the act, item, section, or part will not take
Page 9, Line 16effect unless approved by the people at the general election to be held in
Page 9, Line 17November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.