House Committee of Reference Report
Committee on Finance
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April 7, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1292 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, page 3, strike lines 17 and 18 and substitute:
Page 1, Line 2"(a) "High voltage line" means any line for the
Page 1, Line 3transmission of electric current with a nominal voltage in
Page 1, Line 4excess of sixty-nine kilovolts that is co-located longitudinally
Page 1, Line 5in a state highway right-of-way, and all supporting structures
Page 1, Line 6and accessories necessary for such line. "High voltage line"
Page 1, Line 7does not include any line for the transmission of electric
Page 1, Line 8current that crosses a state highway right-of-way.".
Page 1, Line 9Amend the Transportation, Housing, and Local Government Report,
Page 1, Line 10dated March 25, 2025, page 1, strike lines 16 through 21 and substitute:
Page 1, Line 11"Page 5, strike lines 18 through 27.
Page 1, Line 12Page 6, strike lines 1 through 27 and substitute:
Page 1, Line 13"(3) High voltage line or facility site priorities - reports.
Page 1, Line 14(a) Beginning on January 1, 2027, within thirty calendar days of
Page 1, Line 15filing for a local permit for the construction or development of
Page 1, Line 16high voltage lines or facilities necessary for high voltage
Page 1, Line 17transmission, a transmission developer shall make available on
Page 1, Line 18a public-facing project website or utility website a report that:
Page 1, Line 19(I) Describes the analysis undertaken for route selection;
Page 1, Line 20(II) Demonstrates that the transmission developer
Page 1, Line 21considered or is considering development sites in the following
Page 1, Line 22order of priority:
Page 1, Line 23(A) First, existing utility corridors, where adding new
Page 2, Line 1lines or making improvements to existing lines can achieve
Page 2, Line 2expanded electric capacity at the lowest possible cost;
Page 2, Line 3(B) Second, state highway rights-of-way; and
Page 2, Line 4(C) Last, new utility corridors; and
Page 2, Line 5(III) Includes an evaluation of the economic impacts,
Page 2, Line 6engineering considerations, and reliability of the electric
Page 2, Line 7system.
Page 2, Line 8(b) A transmission developer shall update the report
Page 2, Line 9described in subsection (3)(a) of this section if the transmission
Page 2, Line 10developer materially changes the transmission route beyond
Page 2, Line 11minor route adjustments and shall make the updated report
Page 2, Line 12available on the same public-facing project website or utility
Page 2, Line 13website.
Page 2, Line 14(c) Nothing in this subsection (3) requires a transmission
Page 2, Line 15developer to select an existing utility corridor or a state
Page 2, Line 16highway right-of-way for development of high voltage lines or
Page 2, Line 17facilities.".".
Page 2, Line 18Page 2 of the report, strike lines 1 through 6 and substitute:
Page 2, Line 19"Page 7, strike lines 1 through 10 and substitute:
Page 2, Line 20"(4) Compensation to department for right-of-way access.
Page 2, Line 21(a) (I) A transmission developer shall compensate the
Page 2, Line 22department for its co-location of high voltage lines in a state
Page 2, Line 23highway right-of-way. A transmission developer may
Page 2, Line 24compensate the department through surcharges as provided in
Page 2, Line 25subsection (4)(b) of this section or through a public-private
Page 2, Line 26initiative as provided in subsection (4)(c) of this section.
Page 2, Line 27(II) The surcharges for a transmission developer's use of
Page 2, Line 28a state highway right-of-way is an alternative method to
Page 2, Line 29compensating the state through in-kind infrastructure
Page 2, Line 30exchange in a public-private initiative, as defined in section
Page 2, Line 3143-1-1201 (3). The entity requesting access to the right-of-way
Page 2, Line 32has the discretion to choose which process it will use to
Page 2, Line 33compensate the state for its use of the right-of-way.
Page 2, Line 34(III) A transmission developer may enter into a
Page 2, Line 35public-private initiative to compensate the department for
Page 2, Line 36access to the state highway right-of-way after rulemaking
Page 2, Line 37pursuant to subsection (6) of this section is complete. The option
Page 2, Line 38to compensate the department for access to the state highway
Page 2, Line 39right-of-way by paying surcharges is available beginning on
Page 2, Line 40July 1, 2027.
Page 2, Line 41(b) The department may impose surcharges on a
Page 3, Line 1transmission developer for its access to a state highway
Page 3, Line 2right-of-way, including a one-time surcharge to cover the costs
Page 3, Line 3of a permit for the use of the right-of-way and an annual use
Page 3, Line 4surcharge for the use of the right-of-way. The department shall
Page 3, Line 5establish the surcharges by rule pursuant to subsection
Page 3, Line 6(6)(b)(IV) of this section.
Page 3, Line 7(c) A transmission developer may compensate the
Page 3, Line 8department for its access to a state highway right-of-way
Page 3, Line 9through in-kind infrastructure exchange in a public-private
Page 3, Line 10initiative, as defined in section 43-1-1201 (3).".".
Page 3, Line 11Page 8 of the bill, line 9, strike "may" and substitute "shall".
Page 3, Line 12Page 8 of the bill, strike lines 22 and 23 and substitute:
Page 3, Line 13"(IV) Set the surcharges for a transmission developer's
Page 3, Line 14access to a state highway right-of-way, as described in
Page 3, Line 15subsection (4) of this section, as follows:
Page 3, Line 16(A) Surcharges must be paid at a rate of six hundred
Page 3, Line 17dollars per mile;
Page 3, Line 18(B) Surcharges cover a twenty-year access term and may
Page 3, Line 19be paid as a lump sum one-time payment of twelve thousand
Page 3, Line 20dollars per mile or as an annual payment of six hundred dollars
Page 3, Line 21per mile for each year of the twenty-year access term;
Page 3, Line 22(C) Beginning on July 1, 2028, and on every July 1
Page 3, Line 23thereafter, the department may adjust the amount of the
Page 3, Line 24dollar-per-mile surcharge for inflation in accordance with the
Page 3, Line 25average annual percentage change in the United States
Page 3, Line 26department of transportation, federal highway administration,
Page 3, Line 27national highway construction cost index or its applicable
Page 3, Line 28predecessor or successor index for the five-year period ending
Page 3, Line 29on the last December 31 before a state fiscal year for which an
Page 3, Line 30inflation adjustment to the surcharge is made to begin;
Page 3, Line 31(D) The twenty-year access term covered by the
Page 3, Line 32surcharges may be renewed every twenty years; and
Page 3, Line 33(E) The department shall establish prorated surcharges
Page 3, Line 34for high voltage line transmission development projects with
Page 3, Line 35installations of less than three hundred feet.".
Page 3, Line 36Page 8 of the bill, after line 26 insert:
Page 3, Line 37"SECTION 3. In Colorado Revised Statutes, 12-10-602, amend
Page 3, Line 38(9)(b)(VI) as follows:
Page 4, Line 112-10-602. Definitions. As used in this part 6, unless the context
Page 4, Line 2otherwise requires:
Page 4, Line 3(9) (b) "Real estate appraiser" or "appraiser" does not include:
Page 4, Line 4(VI) A right-of-way acquisition agent, an appraiser who is
Page 4, Line 5licensed and certified pursuant to this part 6, or any other individual who
Page 4, Line 6has sufficient understanding of the local real estate market to be qualified
Page 4, Line 7to make a waiver valuation when the agent, appraiser, or other qualified
Page 4, Line 8individual is employed by or contracts with a public entity and provides
Page 4, Line 9an opinion of value that is not represented as an appraisal and when, for
Page 4, Line 10any purpose, the property or portion of property being valued is valued at
Page 4, Line 11twenty-five thousand dollars or less, as not more than the specified
Page 4, Line 12amount permitted by federal law and 49 CFR 24.102 (c)(2), as
Page 4, Line 13amended;".
Page 4, Line 14Renumber succeeding section accordingly.