Colorado 2024 Regular Session

Colorado Senate Bill SB091 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0283.01 Nicole Myers x4326
8	8	SENATE BILL 24-091
9	9	Senate Committees House Committees
10	10	Transportation & Energy
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING THE CREATION OF AN ADDITIONAL PROCESS BY WHICH101
14	14	ENTITIES MAY GAIN ACCESS TO PUBLIC RIGHTS -OF-WAY FOR THE102
15	15	DEPLOYMENT OF BROADBAND .103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	Current law allows an entity that wants to access public
24	24	rights-of-way (rights-of-way) for the deployment of broadband to enter
25	25	into a public-private initiative agreement with the department of
26	26	transportation (department) for the entity's access to the rights-of-way.
27	27	The bill creates an alternative method for entities that want to access
28	28	SENATE SPONSORSHIP
29	29	Pelton B. and Mullica,
30	30	HOUSE SPONSORSHIP
31	31	Martinez and Catlin,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. rights-of-way for the deployment of broadband, whereby the department
35	35	may issue a permit and impose a permit fee for access to rights-of-way for
36	36	the deployment of broadband. The bill specifies that an entity that wants
37	37	to access rights-of-way for the deployment of broadband may pursue
38	38	either the permit application and fee process created in the bill or the
39	39	existing public-private initiative agreement process.
40	40	In issuing permits that grant access to rights-of-way, the bill:
41	41	! Requires the department to allow competitively neutral and
42	42	nondiscriminatory access to broadband providers seeking
43	43	to use rights-of-way for the deployment of broadband;
44	44	! Requires the department to determine the form and manner
45	45	of the permit application process and to approve or deny a
46	46	permit application within 30 days;
47	47	! Specifies that the term of any permit issued pursuant to the
48	48	bill is 30 years and that the department cannot assert
49	49	ownership of broadband infrastructure except for when a
50	50	permit recipient abandons the broadband infrastructure;
51	51	! Prohibits the department from requiring the permit
52	52	recipient to lay additional fiber for use by the department
53	53	or any third party;
54	54	! Prohibits the department from requiring the permit
55	55	recipient to provide any in-kind goods or services as a
56	56	condition of granting access to rights-of way; and
57	57	! Requires the department to produce an anticipated annual
58	58	budget for the costs associated with the permit application
59	59	process and an anticipated annual forecast of the revenue
60	60	that the department will generate from the permit fees.
61	61	The department may impose a one-time permit processing fee in
62	62	connection with an application to gain access to rights-of-way for the
63	63	deployment of broadband (permit processing fee) so long as the fee does
64	64	not exceed the department's actual costs in connection with granting or
65	65	administering the permits. The department is prohibited from imposing
66	66	any other fee or charge for access to rights-of-way for the deployment of
67	67	broadband.
68	68	The department is also prohibited from including any charge in the
69	69	permit processing fee to receive compensation for the fair market value
70	70	of rights-of-way or access to rights-of-way; except that if the attorney
71	71	general certifies in writing to the transportation commission that
72	72	excluding fair market value in the permit processing fee violates federal
73	73	law and that the violation will result in the loss of federal money
74	74	apportioned to the state, the department is required to include fair market
75	75	value in the permit processing fee. In such case, the department is
76	76	required to set the rate of fair market value at a level that does not exceed
77	77	the lowest rate of fair market value established by any other state for
78	78	access to that state's rights-of-way for the deployment of broadband.
79	79	SB24-091
80	80	-2- Be it enacted by the General Assembly of the State of Colorado:1
81	81	SECTION 1. In Colorado Revised Statutes, add part 2 to article2
82	82	5.5 of title 38 as follows:3
83	83	PART 24
84	84	PERMITTING FOR PUBLIC 5
85	85	RIGHTS-OF-WAY FOR BROADBAND DEPLOYMENT6
86	86	38-5.5-201. Public rights-of-way - use for deployment of7
87	87	broadband - definition. A
88	88	S USED IN THIS PART 2, UNLESS THE CONTEXT8
89	89	OTHERWISE REQUIRES, "DEPARTMENT" MEANS THE DEPARTMENT OF9
90	90	TRANSPORTATION CREATED IN SECTION 43-1-103 (1).10
91	91	38-5.5-202. Public rights-of-way - use for deployment of11
92	92	broadband - department of transportation permitting process.12
93	93	(1) (a) T
94	94	HE DEPARTMENT SHALL ALLOW COMPETITIVELY NEUTRAL AND13
95	95	NONDISCRIMINATORY ACCESS TO BROADBAND PROVIDERS SEEKING TO USE14
96	96	PUBLIC RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND .15
97	97	(b) A
98	98	NY ENTITY THAT INTENDS TO GAIN ACCESS TO PUBLIC16
99	99	RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND MAY CHOOSE TO17
100	100	PURSUE EITHER THE PERMIT AND FEE STRUCTURE PROCESS SPECIFIED IN18
101	101	THIS PART 2 OR THE PUBLIC-PRIVATE INITIATIVE AGREEMENT PROCESS19
102	102	SPECIFIED IN PART 12 OF ARTICLE 1 OF TITLE 43 TO GAIN ACCESS TO PUBLIC20
103	103	RIGHTS-OF-WAY.21
104	104	(c) T
105	105	HE PROVISIONS OF PART 12 OF ARTICLE 1 OF TITLE 43 DO NOT22
106	106	APPLY TO THE PERMIT AND FEE STRUCTURE PROCESS CREATED IN THIS23
107	107	PART 2.24
108	108	(2) (a) T
109	109	HE DEPARTMENT SHALL DETERMINE THE FORM AND25
110	110	MANNER OF THE PERMIT APPLICATION PROCESS TO GAIN ACCESS TO PUBLIC26
111	111	SB24-091-3- RIGHTS-OF-WAY FOR BROADBAND DEPLOYMENT . THE DEPARTMENT SHALL1
112	112	EITHER APPROVE OR DENY A PERMIT APPLICATION THAT IT RECEIVES2
113	113	PURSUANT TO THIS PART 2 WITHIN THIRTY DAYS OF RECEIPT OF THE3
114	114	APPLICATION.4
115	115	(b) T
116	116	HE DEPARTMENT SHALL PROVIDE AN ACCEPTANCE OR DENIAL5
117	117	OF A PERMIT PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION TO THE6
118	118	PERMIT APPLICANT IN WRITING AND SHALL IDENTIFY SPECIFIC REASONS7
119	119	FOR THE APPROVAL OR THE DENIAL OF THE PERMIT APPLICATION . THE8
120	120	DEPARTMENT SHALL ALSO MAKE AVAI LABLE TO THE PUBLIC THE WRITTEN9
121	121	APPROVAL OR DENIAL REQUIRED BY THIS SUBSECTION (2)(b) IN AN ONLINE10
122	122	ELECTRONIC FORMAT.11
123	123	(3) T
124	124	HE TERM OF A PERMIT ISSUED BY THE DEPARTMENT FOR12
125	125	ACCESS TO PUBLIC RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND13
126	126	PURSUANT TO THIS PART 2 IS THIRTY YEARS. THE DEPARTMENT SHALL NOT14
127	127	ASSERT OWNERSHIP OF ANY BROADBAND INFRASTRUCTURE DURING OR15
128	128	AFTER THE TERM OF THE PERMIT EXCEPT IN THE CASE THAT A PERMIT16
129	129	RECIPIENT ABANDONS THE BROADBAND INFRASTRUCTURE .17
130	130	(4) (a) W
131	131	HEN ISSUING A PERMIT FOR ACCESS TO PUBLIC18
132	132	RIGHTS-OF-WAY FOR BROADBAND DEPLOYMENT PURSUANT TO THIS PART19
133	133	2,
134	134	THE DEPARTMENT SHALL NOT REQUIRE THE PERMIT RECIPIENT TO LAY20
135	135	ADDITIONAL FIBER FOR USE BY THE DEPARTMENT OR ANY THIRD PARTY .21
136	136	(b) T
137	137	HE DEPARTMENT SHALL NOT REQUIRE THE PERMIT RECIPIENT22
138	138	TO PROVIDE ANY IN-KIND GOODS OR SERVICES AS A CONDITION OF23
139	139	GRANTING ACCESS TO PUBLIC RIGHTS -OF WAY FOR BROADBAND24
140	140	DEPLOYMENT.25
141	141	(5) T
142	142	HE DEPARTMENT SHALL PRODUCE AN ANTICIPATED ANNUAL26
143	143	BUDGET FOR THE COSTS ASSOCIATED WITH THE PERMIT APPLICATION27
144	144	SB24-091
145	145	-4- PROCESS PURSUANT TO THIS PART 2 AND AN ANTICIPATED ANNUAL1
146	146	FORECAST OF THE REVENUE THAT THE PERMIT FEE IMPOSED PURSUANT TO2
147	147	SECTION 38-5.5-203 WILL GENERATE.3
148	148	(6) T
149	149	HE TERMS OF ALL PERMITS THAT THE DEPARTMENT ISSUES4
150	150	FOR THE USE OF PUBLIC RIGHTS-OF-WAY ARE MATTERS OF PUBLIC RECORD5
151	151	AND SHALL BE MADE AVAILABLE UPON REQUEST PURSUANT TO THE6
152	152	"C
153	153	OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.7
154	154	38-5.5-203. Permit fees - public rights-of-way - use for8
155	155	deployment of broadband. (1) T
156	156	HE DEPARTMENT MAY IMPOSE A9
157	157	ONE-TIME PERMIT PROCESSING FEE IN CONNECTION WITH AN APPLICATION10
158	158	TO GAIN ACCESS TO PUBLIC RIGHTS-OF-WAY FOR THE DEPLOYMENT OF11
159	159	BROADBAND PURSUANT TO THIS PART 2. OTHER THAN THE PERMIT12
160	160	PROCESSING FEE AUTHORIZED IN THIS SUBSECTION (1), THE DEPARTMENT13
161	161	SHALL NOT IMPOSE ANY OTHER FEE OR CHARGE FOR ACCESS TO PUBLIC14
162	162	RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND .15
163	163	(2) A
164	164	PERMIT PROCESSING FEE IMPOSED BY THE DEPARTMENT16
165	165	PURSUANT TO SUBSECTION (1) OF THIS SECTION MUST BE REASONABLY17
166	166	RELATED TO THE COSTS DIRECTLY INCURRED BY THE DEPARTMENT IN18
167	167	PROVIDING SERVICES RELATING TO THE GRANTING OR ADMINISTRATION OF19
168	168	PERMITS AND, NOTWITHSTANDING ANY OTHER PROVISION OF LAW , MUST20
169	169	NOT EXCEED THE DEPARTMENT 'S ACTUAL COSTS IN CONNECTION WITH21
170	170	GRANTING OR ADMINISTERING THE PERMITS . THE FEE MUST ALSO BE22
171	171	REASONABLY RELATED IN TIME TO THE OCCURRENCE OF THE23
172	172	DEPARTMENT'S COSTS.24
173	173	(3) I
174	174	F THE DEPARTMENT DERIVES ANY REVENUE FROM PERMIT FEES25
175	175	THAT EXCEED THE DEPARTMENT 'S COSTS IN PROCESSING SERVICES26
176	176	RELATING TO THE GRANTING OR ADMINISTRATION OF PERMITS PURSUANT27
177	177	SB24-091
178	178	-5- TO THIS PART 2, THE DEPARTMENT SHALL REDUCE THE AMOUNT OF THE1
179	179	FEE TO ENSURE THAT THE REVENUE FROM THE FEE DOES NOT EXCEED THE2
180	180	DEPARTMENT'S COSTS FOR PROCESSING SERVICES RELATING TO THE3
181	181	GRANTING OR ADMINISTRATION OF PERMITS PURSUANT TO THIS PART 2.4
182	182	(4) (a) E
183	183	XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF5
184	184	THIS SECTION, THE PERMIT FEE FOR ACCESS TO PUBLIC RIGHTS-OF-WAY FOR6
185	185	THE DEPLOYMENT OF BROADBAND AS AUTHORIZED IN SUBSECTION (1) OF7
186	186	THIS SECTION MUST NOT INCLUDE ANY CHARGE OR ELEMENT TO8
187	187	RECAPTURE OR RECEIVE COMPENSATION FOR THE FAIR MARKET VALUE OF9
188	188	PUBLIC RIGHTS-OF-WAY OR ACCESS TO PUBLIC RIGHTS-OF-WAY.10
189	189	(b) (I) T
190	190	HE PERMIT FEE RESTRICTION SPECIFIED IN SUBSECTION11
191	191	(4)(a)
192	192	OF THIS SECTION DOES NOT APPLY IF THE ATTORNEY GENERAL12
193	193	CERTIFIES IN WRITING TO THE TRANSPORTATION COMMISSION CREATED IN13
194	194	SECTION 43-1-106 THAT EXCLUDING FAIR MARKET VALUE IN THE PERMIT14
195	195	FEE STRUCTURE FOR ACCESS TO PUBLIC RIGHTS -OF-WAY FOR THE15
196	196	DEPLOYMENT OF BROADBAND VIOLATES FEDERAL LAW AND THAT SUCH A16
197	197	VIOLATION WILL RESULT IN THE LOSS OF FEDERAL MONEY , IN WHOLE OR IN17
198	198	PART, APPORTIONED TO THE STATE.18
199	199	(II) N
200	200	OTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (2) AND19
201	201	(3)
202	202	OF THIS SECTION, IF THE ATTORNEY GENERAL MAKES THE20
203	203	CERTIFICATION SPECIFIED IN SUBSECTION (4)(b)(I) OF THIS SECTION, THE21
204	204	DEPARTMENT SHALL SET THE RATE OF FAIR MARKET VALUE AT A LEVEL22
205	205	THAT DOES NOT EXCEED THE LOWEST RATE OF FAIR MARKET VALUE23
206	206	ESTABLISHED BY ANY OTHER STATE FOR ACCESS TO THAT STATE 'S PUBLIC24
207	207	RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND .25
208	208	(5) I
209	209	N ANY CONTROVERSY CONCERNING THE APPROPRIATENESS OF26
210	210	A FEE IMPOSED PURSUANT TO THIS SECTION , THE DEPARTMENT HAS THE27
211	211	SB24-091
212	212	-6- BURDEN OF PROVING THAT:1
213	213	(a) T
214	214	HE FEE DOES NOT EXCEED THE DIRECT COSTS INCURRED BY2
215	215	THE DEPARTMENT IN CONNECTION WITH GRANTING OR ADMINISTERING THE3
216	216	PERMITS FOR ACCESS TO PUBLIC RIGHTS-OF-WAY; AND4
217	217	(b) T
218	218	HE RATE OF FAIR MARKET VALUE, IF APPLICABLE, IS SET AT A5
219	219	LEVEL THAT DOES NOT EXCEED THE LOWEST RATE OF FAIR MARKET VALUE6
220	220	ESTABLISHED BY ANY OTHER STATE FOR ACCESS TO THAT STATE 'S PUBLIC7
221	221	RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND .8
222	222	SECTION 2. In Colorado Revised Statutes, 43-1-1204, add (6)9
223	223	as follows:10
224	224	43-1-1204. Public-private initiative agreement - definition.11
225	225	(6) (a) A
226	226	N ENTITY THAT INTENDS TO GAIN ACCESS TO PUBLIC12
227	227	RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND MAY CHOOSE TO13
228	228	USE EITHER THE PUBLIC -PRIVATE INITIATIVE AGREEMENT PROCESS14
229	229	SPECIFIED IN THIS PART 12 OR THE PERMIT AND FEE STRUCTURE PROCESS15
230	230	SPECIFIED IN PART 2 OF ARTICLE 5.5 OF TITLE 38.16
231	231	(b) T
232	232	HE PROVISIONS OF PART 2 OF ARTICLE 5.5 OF TITLE 38 DO NOT17
233	233	APPLY TO ANY PUBLIC-PRIVATE INITIATIVE AGREEMENT TO GAIN ACCESS18
234	234	TO PUBLIC RIGHTS-OF-WAY ENTERED INTO PURSUANT TO THIS PART 12.19
235	235	SECTION 3. Safety clause. The general assembly finds,20
236	236	determines, and declares that this act is necessary for the immediate21
237	237	preservation of the public peace, health, or safety or for appropriations for22
238	238	the support and maintenance of the departments of the state and state23
239	239	institutions.24
240	240	SB24-091
241	241	-7-