CO
Colorado House Bill HB1056

Colorado 2025 Regular Session

Colorado House Bill HB1056 Compare Versions

OldNewDifferences
11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REREVISED
5-This Version Includes All Amendments
6-Adopted in the Second House
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
77 LLS NO. 25-0249.01 Jason Gelender x4330
88 HOUSE BILL 25-1056
99 House Committees Senate Committees
1010 Transportation, Housing & Local Government Local Government & Housing
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING LOCAL GOVERNMENT PERMITTING OF WIRELESS101
1414 TELECOMMUNICATIONS FACILITIES .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov/
2121 .)
2222 Cell Phone Connectivity Interim Study Committee. The bill
2323 requires that an application by a telecommunications provider for the
2424 siting and construction of a new wireless telecommunications facility or
2525 for the substantial change of an existing wireless telecommunications
2626 facility (application) submitted to a local government is deemed approved
2727 by the local government if:
28-SENATE
29-3rd Reading Unamended
30-March 18, 2025
3128 SENATE
3229 Amended 2nd Reading
3330 March 17, 2025
3431 HOUSE
3532 3rd Reading Unamended
3633 February 27, 2025
3734 HOUSE
3835 Amended 2nd Reading
3936 February 26, 2025
4037 HOUSE SPONSORSHIP
4138 Lukens and Bacon, Soper, Duran, English
4239 SENATE SPONSORSHIP
4340 Roberts and Hinrichsen,
4441 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4542 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4643 Dashes through the words or numbers indicate deletions from existing law. ! The local government has not approved or rejected the
4744 application within 60 days after the application is submitted
4845 to the local government or conducted a pre-application
4946 meeting or other documented communication regarding the
5047 application, whichever is earlier (60-day time period);
5148 ! The telecommunications provider has provided all public
5249 notices required under applicable law; and
5350 ! The telecommunications provider has provided notice to
5451 the local government that the 60-day time period has lapsed
5552 and that the application is deemed approved.
5653 A local government may toll the 60-day time period to allow the
5754 local government to make timely requests for information to complete an
5855 application. The 60-day time period may also be extended by mutual
5956 agreement of the telecommunications provider and the local government.
6057 The bill also prohibits a local government from requiring a
6158 telecommunications provider that removes, discontinues, or replaces
6259 telecommunications equipment at an existing wireless
6360 telecommunications facility to file a new application or obtain additional
6461 permits if:
6562 ! The telecommunications provider notifies the local
6663 government of the necessary removal, discontinuance, or
6764 replacement of the telecommunications equipment; and
6865 ! The removal, discontinuance, or replacement of the
6966 telecommunications equipment is not a substantial change
7067 to the facility.
7168 The bill takes effect on January 1, 2026.
7269 Be it enacted by the General Assembly of the State of Colorado:1
7370 SECTION 1. In Colorado Revised Statutes, amend 29-27-401 as2
7471 follows:3
7572 29-27-401. Legislative declaration. (1) The general assembly4
7673 finds and declares that:5
7774 (a) The permitting, construction, modification, maintenance, and6
7875 operation of broadband facilities are critical to ensuring that all citizens7
7976 in the state have true access to advanced technology and information;8
8077 (b) These BROADBAND facilities are critical to ensuring that9
8178 businesses and schools throughout the state remain competitive in the10
8279 1056-2- global economy; and1
8380 (c) The permitting, construction, modification, maintenance, and2
8481 operation of these BROADBAND facilities, to the extent specifically3
8582 addressed in this part 4, are declared to be matters of statewide concern4
8683 and interest.5
8784 (2) The general assembly further finds and declares that RELIABLE6
8885 WIRELESS CONNECTIVITY THROUGHOUT THE STATE :7
8986 (a) Small cell facilities often may be deployed most effectively in8
9087 the public rights-of-way; and IS ESSENTIAL IN SUPPORTING PUBLIC SAFETY9
9188 OPERATIONS AND ENSURING THAT THE PUBLIC IS ABLE TO ACCESS10
9289 LIFE-SAVING ASSISTANCE IN TIMES OF CRISIS;11
9390 (b) Access to local government structures is essential to the12
9491 construction and maintenance of wireless service facilities or broadband13
9592 facilities IS A SIGNIFICANT DRIVER OF ECONOMIC ACTIVITY AND14
9693 PRODUCTIVITY FOR WORKERS AND ORGANIZATIONS ;15
9794 (c) IS CRITICAL TO PROVIDING ACCESS TO INFORMATION ,16
9895 EDUCATIONAL RESOURCES , AND JOB OPPORTUNITIES; AND 17
9996 (d) CAN HELP URBAN, HISTORICALLY UNDERSERVED, AND RURAL18
10097 BUSINESSES IMPROVE WORKFLOW, WHILE ALSO AMPLIFYING VISIBILITY19
10198 AND SALES FOR THOSE BUSINESSES.20
10299 (3) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT21
103100 THE EFFICIENT PERMITTING OF WIRELESS FACILITIES BY LOCAL22
104101 GOVERNMENTS:23
105102 (a) HAS A SIGNIFICANT PUBLIC SAFETY AND ECONOMIC BENEFIT TO24
106103 COLORADO; AND25
107104 (b) IS A MATTER OF STATEWIDE CONCERN .26
108105 SECTION 2. In Colorado Revised Statutes, 29-27-402, amend27
109106 1056
110107 -3- (3) and (7); and add (3.1), (3.3), (3.7), and (6.2) as follows:1
111108 29-27-402. Definitions. As used in this part 4, unless the context2
112109 otherwise requires:3
113110 (3) "Collocation "COLLOCATE" means the mounting or installation4
114111 of broadband service equipment on a tower, building, or structure with5
115112 existing broadband service equipment for the purpose of transmitting or6
116113 receiving radio frequency signals for communications purposes.7
117114 (3.1) "COLLOCATION APPLICATION" MEANS AN APPLICATION FOR8
118115 A COLLOCATION THAT RESULTS IN A SUBSTANTIAL CHANGE OF AN9
119116 EXISTING WIRELESS TELECOMMUNICATIONS FACILITY .10
120117 (3.3) "LOCAL GOVERNMENT" HAS THE SAME MEANING AS SET11
121118 FORTH IN SECTION 29-27-102 (3).12
122119 (3.7) "SITING APPLICATION" MEANS AN APPLICATION FOR A NEW13
123120 WIRELESS SERVICE FACILITY.14
124121 (6.2) "SUBSTANTIAL CHANGE" HAS THE SAME MEANING AS SET15
125122 FORTH IN 47 CFR 1.6100 (b)(7), WHICH IMPLEMENTS THE FEDERAL16
126123 "SPECTRUM ACT OF 2012", 47 U.S.C. SEC. 1455 (a).17
127124 (7) "Wireless service facility" OR "FACILITY" means a facility for18
128125 the provision of wireless services; except that "wireless service facility"19
129126 does not include coaxial or fiber-optic cable that is not immediately20
130127 adjacent to, or directly associated with, a particular antenna EQUIPMENT21
131128 AT A FIXED LOCATION THAT ENABLES WIRELESS COMMUNICATIONS22
132129 BETWEEN USER EQUIPMENT AND A COMMUNICATIONS NETWORK,23
133130 INCLUDING:24
134131 (a) MACRO AND SMALL CELL FACILITIES, TRANSCEIVERS,25
135132 ANTENNAS, COAXIAL OR FIBER-OPTIC CABLE, REGULAR AND BACKUP26
136133 POWER SUPPLIES, AND COMPARABLE EQUIPMENT, REGARDLESS OF27
137134 1056
138135 -4- TECHNOLOGICAL CONFIGURATION, BUT DOES NOT INCLUDE COAXIAL OR1
139136 FIBER-OPTIC CABLE THAT IS NOT IMMEDIATELY ADJACENT TO, OR2
140137 DIRECTLY ASSOCIATED WITH, A PARTICULAR ANTENNA; AND3
141138 (b) THE SUPPORT STRUCTURE OR IMPROVEMENTS ON, UNDER, OR4
142139 WITHIN WHICH THE EQUIPMENT IS COLLOCATED .5
143140 SECTION 3. In Colorado Revised Statutes, repeal and reenact,6
144141 with amendments, 29-27-403 as follows:7
145142 29-27-403. Deemed approval of facilities. (1) (a) A8
146143 COLLOCATION APPLICATION OR SITING APPLICATION FOR A WIRELESS9
147144 SERVICE FACILITY SUBMITTED TO A LOCAL GOVERNMENT IS DEEMED10
148145 APPROVED BY THE LOCAL GOVERNMENT IF :11
149146 (I) THE LOCAL GOVERNMENT HAS NOT APPROVED OR REJECTED12
150147 THE APPLICATION WITHIN NINETY DAYS AFTER THE APPLICANT SUBMITS13
151148 AN APPLICATION; EXCEPT THAT THE PERIOD FOR APPROVAL OR REJECTION14
152149 OF A SITING APPLICATION THAT IS NOT FOR A COLLOCATION OR A SMALL15
153150 CELL FACILITY IS ONE HUNDRED FIFTY DAYS AFTER THE APPLICANT16
154151 SUBMITS AN APPLICATION;17
155152 (II) THE APPLICANT HAS PROVIDED ALL PUBLIC NOTICES OF THE18
156153 APPLICATION REQUIRED UNDER APPLICABLE LAW ; AND19
157154 (III) THE APPLICANT HAS PROVIDED NOTICE TO THE LOCAL20
158155 GOVERNMENT THAT THE APPLICABLE TIME PERIOD DESCRIBED IN21
159156 SUBSECTION (1)(a)(I) OF THIS SECTION HAS LAPSED AND THAT THE22
160157 APPLICATION IS DEEMED APPROVED PURSUANT TO THIS SECTION .23
161158 (b) A LOCAL GOVERNMENT MAY TOLL THE APPLICABLE PERIOD24
162159 DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS SECTION TO ALLOW THE25
163160 LOCAL GOVERNMENT TO MAKE TIMELY REQUESTS FOR INFORMATION TO26
164161 COMPLETE A COLLOCATION OR SITING APPLICATION. THE PERIOD MAY27
165162 1056
166163 -5- ALSO BE EXTENDED BY MUTUAL AGREEMENT OF THE APPLICANT AND THE1
167164 LOCAL GOVERNMENT .2
168165 (c) A
169166 LOCAL GOVERNMENT MAY ALSO TOLL THE APPLICABLE
170167 3
171168 PERIOD DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS SECTION IF IT4
172169 DETERMINES BASED ON ITS AVAILABLE RESOURCES THAT IT CANNOT5
173170 REASONABLY AND ADEQUATELY REVIEW THE COLLOCATION APPLICATION6
174171 OR SITING APPLICATION AND ANOTHER PENDING LAND USE APPLICATION7
175172 RELATED TO HOUSING INTENDED TO PROVIDE AFFORDABLE OR8
176173 ATTAINABLE HOUSING , RENEWABLE ENERGY , PROJECTS OF9
177174 GOVERNMENTAL ENTITIES , OR ANY OTHER PROJECT FOR WHICH LAW10
178175 ESTABLISHES A TIMELINE TO REVIEW PERMITS . THE PERIOD OF TOLLING11
179176 SHALL NOT BE LONGER THAN REASONABLY NECESSARY TO REVIEW THE12
180177 OTHER PENDING APPLICATION. THE LOCAL GOVERNMENT SHALL ADVISE13
181178 THE APPLICANT IN WRITING OF THE DURATION OF THE PERIOD OF TOLLING14
182179 AND THE REASON FOR ITS DETERMINATION .15
183180 (d) IF A LOCAL GOVERNMENT REQUIRES AN APPLICANT TO OBTAIN16
184181 A TRAFFIC CONTROL PLAN OR OTHER PERMIT RELATED TO OBSTRUCTION17
185182 OF, OR SAFETY IN, A PUBLIC RIGHT-OF-WAY BEFORE A COLLOCATION OR18
186183 SITING APPLICATION IS APPROVED, THE APPLICANT SHALL NOT COMMENCE19
187184 THE CONSTRUCTION OR SUBSTANTIAL CHANGE OF A WIRELESS SERVICE20
188185 FACILITY PURSUANT TO A COLLOCATION OR SITING APPLICATION DEEMED21
189186 APPROVED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION UNTIL THE22
190187 TRAFFIC CONTROL PLAN OR OTHER PERMIT IS OBTAINED .23
191188 (e) A LOCAL GOVERNMENT MAY SEEK JUDICIAL REVIEW OF THE24
192189 DEEMED APPROVAL OF A COLLOCATION APPLICATION OR SITING25
193190 APPLICATION PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION WITHIN26
194191 THIRTY DAYS AFTER THE NOTICE DESCRIBED IN SUBSECTION (1)(a)(III) OF27
195192 1056
196193 -6- THIS SECTION IS PROVIDED TO THE LOCAL GOVERNMENT .1
197194 (f) A LOCAL GOVERNMENT SHALL NOT :2
198195 (I) UNREASONABLY WITHHOLD, CONDITION, OR DELAY APPROVAL3
199196 OF THE ISSUANCE OF A TRAFFIC CONTROL PLAN OR OTHER PERMIT4
200197 DESCRIBED IN SUBSECTION (1)(d) OF THIS SECTION TO DELAY THE5
201198 APPROVAL OF A COLLOCATION APPLICATION OR SITING APPLICATION ; OR6
202199 (II) PROHIBIT OR UNREASONABLY DISCRIMINATE IN FAVOR OF, OR7
203200 AGAINST, ANY TECHNOLOGY IN TAKING ACTION ON A COLLOCATION OR8
204201 SITING APPLICATION.9
205202 (g) IF A LOCAL GOVERNMENT DETERMINES THAT A COLLOCATION10
206203 OR SITING APPLICATION IS INCOMPLETE, THE LOCAL GOVERNMENT SHALL11
207204 NOTIFY THE APPLICANT WITHIN THIRTY DAYS AFTER THE SUBMISSION OF12
208205 THE APPLICATION. THE NOTIFICATION MUST BE WRITTEN, MUST CLEARLY13
209206 AND SPECIFICALLY IDENTIFY THE MISSING DOCUMENTS OR INFORMATION14
210207 THAT THE APPLICANT MUST SUBMIT TO RENDER THE APPLICATION15
211208 COMPLETE, AND MUST IDENTIFY THE SPECIFIC REGULATION CREATING THE16
212209 REQUIREMENT TO PROVIDE THE MISSING DOCUMENTS OR INFORMATION .17
213210 TOLLING OF THE PERIOD DESCRIBED IN SUBSECTION (1)(a)(I) OF THIS18
214211 SECTION BEGINS ON THE DATE THAT THE LOCAL GOVERNMENT PROVIDES19
215212 THIS NOTIFICATION AND ENDS ON THE DATE THAT THE APPLICANT20
216213 PROVIDES THE REQUESTED INFORMATION .21
217214 (2) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION,22
218215 NOTHING IN THIS SECTION LIMITS OR AFFECTS THE AUTHORITY OF A LOCAL23
219216 GOVERNMENT OVER THE PLACEMENT OR CONSTRUCTION OF A WIRELESS24
220217 SERVICE FACILITY.25
221218 (3) NOTHING IN THIS SECTION SUPERSEDES, NULLIFIES, OR26
222219 OTHERWISE ALTERS GENERALLY APPLICABLE AND NONDISCRIMINATORY27
223220 1056
224221 -7- BUILDING, ELECTRICAL, FIRE, OR OTHER SAFETY REQUIREMENTS .1
225222 (4) NOTHING IN THIS SECTION SHALL BE INTERPRETED OR2
226223 IMPLEMENTED IN A WAY THAT PREVENTS A LOCAL GOVERNMENT FROM3
227224 PROMPTLY ACTING ON ANY OTHER PERMIT FOR USE, OCCUPATION,4
228225 INSTALLATION, MODIFICATION, REPAIR, OR OPERATION IN THE PUBLIC5
229226 RIGHTS-OF-WAY, INCLUDING BUT NOT LIMITED TO PERMITS FOR6
230227 BROADBAND FACILITIES.7
231228 (5) N
232229 OTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION ,
233230 8
234231 AN APPLICANT SEEKING TO CONSTRUCT A FACILITY WITHIN THE EXTERIOR9
235232 BOUNDARIES OF AN INDIAN RESERVATION ON LAND OWNED BY THE TRIBE10
236233 MUST OBTAIN THE WRITTEN CONSENT OF THE APPLICABLE TRIBAL11
237234 GOVERNMENT.12
238235 13
239236 SECTION 4. In Colorado Revised Statutes, add 29-27-405 as14
240237 follows:15
241238 29-27-405. Facility equipment replacement. (1) A LOCAL16
242239 GOVERNMENT SHALL NOT REQUIRE A COLLOCATION OR SITING17
243240 APPLICATION, OR ADDITIONAL PERMITS FOR THE MODIFICATION, REMOVAL,18
244241 DISCONTINUANCE, OR REPLACEMENT OF A WIRELESS SERVICE FACILITY, OR19
245242 EQUIPMENT ASSOCIATED THEREWITH , IF:20
246243 (a) THE OWNER OR OPERATOR OF THE WIRELESS SERVICE FACILITY21
247244 NOTIFIES THE LOCAL GOVERNMENT OF THE MODIFICATION , REMOVAL,22
248245 DISCONTINUANCE, OR REPLACEMENT OF THE WIRELESS SERVICE FACILITY,23
249246 OR EQUIPMENT ASSOCIATED WITH THE WIRELESS SERVICE FACILITY; AND24
250247 (b) THE MODIFICATION, REMOVAL, DISCONTINUANCE, OR25
251248 REPLACEMENT DOES NOT AMOUNT TO A SUBSTANTIAL CHANGE TO THE26
252249 WIRELESS SERVICE FACILITY.27
253250 1056
254251 -8- (2) NOTHING IN THIS SECTION SUPERSEDES, NULLIFIES, OR1
255252 OTHERWISE ALTERS GENERALLY APPLICABLE AND NONDISCRIMINATORY2
256253 BUILDING, ELECTRICAL, FIRE, OR OTHER SAFETY REQUIREMENTS .3
257254 SECTION 5. In Colorado Revised Statutes, 38-5.5-104.5, amend4
258255 (1) as follows:5
259256 38-5.5-104.5. Use of local government entity structures.6
260257 (1) Except as provided in subsection (2) of this section and subject to the7
261258 requirements and limitations of this article 5.5, sections 29-27-403 and8
262259 29-27-404 PART 4 OF ARTICLE 27 OF TITLE 29, and a local government9
263260 entity's police powers, a telecommunications provider or a broadband10
264261 provider has the right to locate or collocate small cell facilities or small11
265262 cell networks on the light poles, light standards, traffic signals, or utility12
266263 poles in the rights-of-way owned by the local government entity; except13
267264 that a small cell facility or a small cell network shall not be located or14
268265 mounted on any apparatus, pole, or signal with tolling collection or15
269266 enforcement equipment attached.16
270267 SECTION 6. Act subject to petition - effective date -17
271268 applicability. (1) This act takes effect at 12:01 a.m. on January 1, 2026;18
272269 except that, if a referendum petition is filed pursuant to section 1 (3) of19
273270 article V of the state constitution against this act or an item, section, or20
274271 part of this act within such period, then the act, item, section, or part will21
275272 not take effect unless approved by the people at the general election to be22
276273 held in November 2026 and, in such case, will take effect on the date of23
277274 the official declaration of the vote thereon by the governor.24
278275 (2) This act applies to applications filed on or after the applicable25
279276 effective date of this act.26
280277 1056
281278 -9-