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Colorado House Bill HB1292

Colorado 2025 Regular Session

Colorado House Bill HB1292 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0876.01 Rebecca Bayetti x4348
88 HOUSE BILL 25-1292
99 House Committees Senate Committees
1010 Transportation, Housing & Local Government
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE PROCESS TO A LLOW A TRANSMISSION DEVELOPER101
1414 TO LOCATE HIGH VOLTAGE TRANSMISSION LINES WITHIN A102
1515 STATE HIGHWAY RIGHT -OF-WAY.103
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 The bill allows a transmission developer to locate high voltage
2424 transmission lines within a state highway right-of-way, according to a
2525 process developed by rule by the department of transportation
2626 (department). The department may impose surcharges on a transmission
2727 developer for its co-location of high voltage lines in a state highway
2828 HOUSE SPONSORSHIP
2929 Boesenecker,
3030 SENATE SPONSORSHIP
3131 (None),
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. right-of-way, including a one-time surcharge to cover the costs of a
3535 permit for the use of the state highway right-of-way and an annual use
3636 surcharge. Upon the request of a transmission developer, the department
3737 is required to provide to the transmission developer the best available
3838 information on potential future state highway development projects that
3939 could impact the placement of a high voltage line within a state highway
4040 right-of-way. In assessing potential sites for the placement of high voltage
4141 lines, a transmission developer is required to consider development sites
4242 in the following order of priority: First, existing utility corridors; second,
4343 state highway rights-of-way; and last, new utility corridors.
4444 The bill also requires the Colorado energy office and the Colorado
4545 electric transmission authority, through a public-private partnership and
4646 in collaboration with the department, the Colorado public utilities
4747 commission, and other state agencies, to study state highway corridors to
4848 identify potential corridors that may be suitable for high voltage
4949 transmission line development.
5050 Be it enacted by the General Assembly of the State of Colorado:1
5151 SECTION 1. Legislative declaration. (1) The general assembly2
5252 finds and declares that:3
5353 (a) Colorado will need to expand electric transmission to meet its4
5454 clean energy and greenhouse gas reduction targets and reliability and5
5555 affordability obligations;6
5656 (b) It is the policy of the state that high voltage transmission lines7
5757 may be constructed or maintained within the access control lines of8
5858 highway, freeway, and interstate highway rights-of-way unless the9
5959 executive director of the Colorado department of transportation,10
6060 consulting with appropriate state agencies, disapproves of this co-location11
6161 to protect public safety, communities, and wildlife habitat, crossings, and12
6262 migratory corridors or to ensure the proper functioning of a state13
6363 highway, freeway, or interstate highway. If the installation is on an14
6464 interstate highway, the express approval of the federal highway15
6565 administration is required and the project may be required to undergo the16
6666 HB25-1292-2- review process required by the federal "National Environmental Policy1
6767 Act of 1969", 42 U.S.C. sec. 4321, et seq. 2
6868 (c) Co-locating transmission lines along highways can3
6969 significantly reduce impacts on wildlife and habitat compared to building4
7070 new lines through greenfield areas. The impacts on communities,5
7171 including disproportionately impacted communities, must be evaluated6
7272 and mitigated through the use of approaches like those outlined in the7
7373 Colorado electric transmission authority's 2024 "Principles of Community8
7474 Engagement" and the Colorado environmental justice action task force's9
7575 2022 "Final Report of Recommendations".10
7676 SECTION 2. In Colorado Revised Statutes, add 43-1-228 as11
7777 follows:12
7878 43-1-228. High voltage lines in state highway right-of-way -13
7979 development projects and priorities - surcharge - study - rules -14
8080 definitions. (1) Definitions. A
8181 S USED IN THIS SECTION, UNLESS THE15
8282 CONTEXT OTHERWISE REQUIRES :16
8383 (a) "H
8484 IGH VOLTAGE LINE" HAS THE SAME MEANING AS SET FORTH17
8585 IN SECTION 29-7.5-103 (1).18
8686 (b) "R
8787 ULE" HAS THE SAME MEANING AS SET FORTH IN SECTION19
8888 24-4-102
8989 (15).20
9090 (c) "S
9191 TATE HIGHWAY " MEANS ANY HIGHWAY OWNED ,21
9292 CONTROLLED, OR MAINTAINED BY THE STATE, INCLUDING FEDERAL-AID22
9393 PRIMARY OR SECONDARY SYSTEMS OR THE INTERSTATE SYSTEM . "STATE23
9494 HIGHWAY" DOES NOT INCLUDE A PUBLIC HIGHWAY OPERATED BY A PUBLIC24
9595 HIGHWAY AUTHORITY IN ACCORDANCE WITH THE "PUBLIC HIGHWAY25
9696 A
9797 UTHORITY LAW", PART 5 OF ARTICLE 4 OF THIS TITLE 43.26
9898 (d) "T
9999 RANSMISSION DEVELOPER" MEANS:27
100100 HB25-1292
101101 -3- (I) A TRANSMISSION UTILITY, AS DEFINED IN SECTION 40-5-1081
102102 (1)(b);2
103103 (II) T
104104 HE COLORADO ELECTRIC TRANSMISSION AUTHORITY3
105105 CREATED IN SECTION 40-42-103;4
106106 (III) A
107107 GENERATION AND TRANSMISSION COOPERATIVE OR5
108108 ASSOCIATION; AND6
109109 (IV) A
110110 NY OF THE FOLLOWING ENTITIES THAT HAVE VOTED TO7
111111 EXEMPT THEMSELVES FROM THE "PUBLIC UTILITIES LAW", ARTICLES 1 TO8
112112 7
113113 OF TITLE 40, PURSUANT TO SECTION 40-9.5-103:9
114114 (A) A
115115 MUNICIPALLY OWNED UTILITY;10
116116 (B) A
117117 POWER AUTHORITY ESTABLISHED PURSUANT TO SECTION11
118118 29-1-204
119119 (1); OR12
120120 (C) A
121121 COOPERATIVE ELECTRIC ASSOCIATION , AS DEFINED IN13
122122 SECTION 40-9.5-102 (1).14
123123 (2) State highway high voltage line co-location projects.15
124124 (a) (I) U
125125 PON THE REQUEST OF A TRANSMISSION DEVELOPER , THE16
126126 DEPARTMENT SHALL PROVIDE TO THE TRANSMISSION DEVELOPER THE BEST17
127127 AVAILABLE INFORMATION ON POTENTIAL FUTURE STATE HIGHWAY18
128128 DEVELOPMENT PROJECTS , AS INCLUDED IN THE STATEWIDE19
129129 TRANSPORTATION PLAN, THAT COULD IMPACT THE PLACEMENT OF A HIGH20
130130 VOLTAGE LINE WITHIN A STATE HIGHWAY RIGHT -OF-WAY.21
131131 (II) T
132132 HE DEPARTMENT SHALL PROCESS SUCH A REQUEST FOR22
133133 INFORMATION IN THE ORDER THAT IT WAS RECEIVED , IN ACCORDANCE23
134134 WITH THE DEPARTMENT'S SPECIAL USE PERMITTING PROCESS.24
135135 (b) (I) I
136136 F THE DEPARTMENT AND A TRANSMISSION DEVELOPER25
137137 AGREE THAT AN IDENTIFIED SITE MAY BE SUITABLE FOR DEVELOPMENT OR26
138138 CONSTRUCTION OF A HIGH VOLTAGE LINE WITHIN A STATE HIGHWAY27
139139 HB25-1292
140140 -4- RIGHT-OF-WAY, THE DEPARTMENT SHALL DEVELOP A PRECONSTRUCTION1
141141 PLAN REVIEW SCHEDULE THAT INCLUDES ALL APPLICABLE SECTIONS OF2
142142 THE STATE HIGHWAY UTILITY ACCOMMODATION CODE , 2 CCR 601-18, OR3
143143 ANY SUCCESSOR CODE.4
144144 (II) U
145145 PON APPROVAL OF THE PRECONSTRUCTION REQUIREMENTS5
146146 OUTLINED IN A PRECONSTRUCTION PLAN , THE TRANSMISSION DEVELOPER6
147147 SHALL PROVIDE A CONSTRUCTABILITY , ACCESS, AND MAINTENANCE7
148148 REPORT TO BE UTILIZED WHEN TRANSMISSION LINE CO-LOCATION PROJECTS8
149149 IN A STATE HIGHWAY RIGHT-OF-WAY ARE BEING PLANNED AND APPROVED .9
150150 T
151151 HE CONSTRUCTABILITY, ACCESS, AND MAINTENANCE REPORT MUST10
152152 OUTLINE MITIGATION STRATEGIES NEEDED TO EFFECTIVELY AVOID OR11
153153 ADDRESS POTENTIAL IMPACTS TO COMMUNITIES , INCLUDING12
154154 DISPROPORTIONATELY IMPACTED COMMUNITIES , AND TO HABITATS ,13
155155 WILDLIFE, AND WILDLIFE CROSSINGS.14
156156 (III) A
157157 CONSTRUCTABILITY, ACCESS, AND MAINTENANCE REPORT15
158158 MUST BE APPROVED BY THE DEPARTMENT BEFORE THE DEPARTMENT16
159159 ISSUES A PERMIT FOR THE USE OF A STATE HIGHWAY RIGHT -OF-WAY.17
160160 (3) High voltage line or facility site priorities and evaluation by18
161161 public utilities commission. (a) (I) I
162162 N THE CONSTRUCTION OR19
163163 DEVELOPMENT OF HIGH VOLTAGE LINES OR FACILITIES NECESSARY FOR20
164164 HIGH VOLTAGE TRANSMISSION , A TRANSMISSION DEVELOPER SHALL21
165165 CONSIDER DEVELOPMENT SITES IN THE FOLLOWING ORDER OF PRIORITY :22
166166 (A) F
167167 IRST, EXISTING UTILITY CORRIDORS, WITH A PREFERENCE FOR23
168168 USING ADVANCED TRANSMISSION TECHNOLOGIES , INCLUDING24
169169 GRID-ENHANCING TECHNOLOGIES ; RECONDUCTORING WITH ADVANCED25
170170 CONDUCTORS; OR MAKING OTHER IMPROVEMENTS TO EXISTING26
171171 INFRASTRUCTURE THAT ACHIEVE EXPANDED ELECTRIC CAPACITY AT THE27
172172 HB25-1292
173173 -5- LOWEST POSSIBLE COST;1
174174 (B) S
175175 ECOND, STATE HIGHWAY RIGHTS-OF-WAY; AND2
176176 (C) L
177177 AST, NEW UTILITY CORRIDORS.3
178178 (II) I
179179 N ASSESSING POTENTIAL HIGH VOLTAGE TRANSMISSION LINE4
180180 DEVELOPMENT SITES IN ACCORDANCE WITH THIS SUBSECTION (3)(a), A5
181181 TRANSMISSION DEVELOPER SHALL EVALUATE THE ECONOMIC IMPACTS ,6
182182 ENGINEERING CONSIDERATIONS , AND RELIABILITY OF THE ELECTRIC7
183183 SYSTEM.8
184184 (b) (I) I
185185 F REQUIRED TO FILE AN APPLICATION FOR A CERTIFICATE OF9
186186 PUBLIC CONVENIENCE AND NECESSITY WITH THE PUBLIC UTILITIES10
187187 COMMISSION CREATED IN SECTION 40-2-101, A TRANSMISSION DEVELOPER11
188188 SHALL DEMONSTRATE THAT IT HAS CONSIDERED POTENTIAL SITES FOR12
189189 HIGH VOLTAGE TRANSMISSION LINE DEVELOPMENTS IN THE ORDER OF13
190190 PRIORITY LISTED IN SUBSECTION (3)(a) OF THIS SECTION. THE14
191191 TRANSMISSION DEVELOPER SHALL INCLUDE ITS ASSESSMENT OF POTENTIAL15
192192 SITES AND THE UNDERLYING DATA USED IN THE ASSESSMENT AS PART OF16
193193 ITS APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND17
194194 NECESSITY.18
195195 (II) I
196196 N EVALUATING AN APPLICATION FOR A CERTIFICATE OF PUBLIC19
197197 CONVENIENCE AND NECESSITY FROM A TRANSMISSION DEVELOPER , THE20
198198 PUBLIC UTILITIES COMMISSION SHALL ASSESS WHETHER THE21
199199 TRANSMISSION DEVELOPER HAS PROVIDED THE INFORMATION REQUIRED22
200200 BY SUBSECTION (3)(b)(I) OF THIS SECTION.23
201201 (4) Surcharges for right-of-way access for transmission24
202202 developer. (a) T
203203 HE DEPARTMENT MAY IMPOSE SURCHARGES ON A25
204204 TRANSMISSION DEVELOPER FOR ITS CO-LOCATION OF HIGH VOLTAGE LINES26
205205 IN A STATE HIGHWAY RIGHT-OF-WAY, INCLUDING A ONE-TIME SURCHARGE 27
206206 HB25-1292
207207 -6- TO COVER THE COSTS OF A PERMIT FOR THE USE OF THE STATE HIGHWAY1
208208 RIGHT-OF-WAY AND AN ANNUAL USE SURCHARGE FOR THE USE OF THE2
209209 STATE HIGHWAY RIGHT-OF-WAY.3
210210 (b) (I) T
211211 HE DEPARTMENT SHALL ESTABLISH THE SURCHARGES BY4
212212 RULE PURSUANT TO SUBSECTION (6) OF THIS SECTION.5
213213 (II) T
214214 HE SURCHARGES FOR A TRANSMISSION DEVELOPER 'S USE OF6
215215 A STATE HIGHWAY RIGHT-OF-WAY MUST BE IN ADDITION TO AMOUNTS7
216216 PAYABLE BY THE TRANSMISSION DEVELOPER UNDER THE TERMS OF A8
217217 PUBLIC-PRIVATE INITIATIVE, AS DEFINED IN SECTION 43-1-1201 (3),9
218218 ENTERED INTO ACCORDING TO PART 12 OF THIS ARTICLE 1.10
219219 (5) State highway corridor study - report. (a) T
220220 HROUGH A11
221221 PUBLIC-PRIVATE PARTNERSHIP, WHERE FUNDING IS PROVIDED BY PRIVATE12
222222 PARTNERS, THE COLORADO ENERGY OFFICE CREATED IN SECTION13
223223 24-38.5-101
224224 AND THE COLORADO ELECTRIC TRANSMISSION AUTHORITY14
225225 CREATED IN SECTION 40-42-103, IN COLLABORATION WITH THE15
226226 DEPARTMENT, THE COLORADO PUBLIC UTILITIES COMMISSION CREATED IN16
227227 SECTION 40-2-101, AND OTHER STATE AGENCIES , SHALL STUDY STATE17
228228 HIGHWAY CORRIDORS TO IDENTIFY POTENTIAL CORRIDORS THAT MAY BE18
229229 SUITABLE FOR HIGH VOLTAGE TRANSMISSION LINE DEVELOPMENT .19
230230 (b) T
231231 HE COLORADO ENERGY OFFICE AND THE COLORADO ELECTRIC20
232232 TRANSMISSION AUTHORITY SHALL COMPLETE THE STUDY REQUIRED BY21
233233 THIS SUBSECTION (5) NO LATER THAN EIGHTEEN MONTHS AFTER THE DATE22
234234 THAT FUNDING IS SECURED FROM PRIVATE PARTNERS .23
235235 (c) T
236236 HE COLORADO ENERGY OFFICE AND THE COLORADO ELECTRIC24
237237 TRANSMISSION AUTHORITY SHALL PUBLISH A REPORT ON THE FINDINGS OF25
238238 THE STUDY REQUIRED BY THIS SUBSECTION (5) ON THEIR WEBSITES AND26
239239 SHALL SHARE THE REPORT WITH THE DEPARTMENT , THE COLORADO PUBLIC27
240240 HB25-1292
241241 -7- UTILITIES COMMISSION, THE DIVISION OF PARKS AND WILDLIFE IN THE1
242242 DEPARTMENT OF NATURAL RESOURCES CREATED IN SECTION 33-9-104,2
243243 AND, AS APPROPRIATE, OTHER STATE AGENCIES.3
244244 (6) Rules. (a) T
245245 HE DEPARTMENT SHALL UPDATE ITS RULES4
246246 CONCERNING ACCESS TO STATE HIGHWAY RIGHTS -OF-WAY TO5
247247 ACCOMMODATE HIGH VOLTAGE LINES PURSUANT TO THE STATE HIGHWAY6
248248 UTILITY ACCOMMODATION CODE , 2 CCR 601-18, OR ANY SUCCESSOR7
249249 CODE.8
250250 (b) T
251251 HE EXECUTIVE DIRECTOR MAY ADOPT RULES AS NECESSARY9
252252 TO IMPLEMENT THIS SECTION. THE RULES MUST:10
253253 (I) C
254254 LARIFY THAT LONGITUDINAL HIGH VOLTAGE LINES MAY BE11
255255 PERMITTED IN STATE HIGHWAY RIGHTS -OF-WAY IF IDENTIFIED CRITERIA12
256256 ARE MET;13
257257 (II) C
258258 REATE A PROCESS THROUGH WHICH A TRANSMISSION14
259259 DEVELOPER MUST SUBMIT A REQUEST TO THE DEPARTMENT FOR A PERMIT15
260260 FOR THE USE OF A STATE HIGHWAY RIGHT-OF-WAY TO CONSTRUCT A HIGH16
261261 VOLTAGE LINE;17
262262 (III) E
263263 STABLISH CRITERIA FOR THE DENIAL OF A PERMIT REQUEST18
264264 SUBMITTED BY A TRANSMISSION DEVELOPER FOR A HIGH VOLTAGE LINE IF19
265265 THE PROPOSED PROJECT PRESENTS A RISK TO PUBLIC SAFETY OR PREVENTS20
266266 THE PROPER FUNCTIONING OF THE STATE HIGHWAY ; AND21
267267 (IV) S
268268 ET THE SURCHARGES AS DESCRIBED IN SUBSECTION (4) OF22
269269 THIS SECTION.23
270270 (c) T
271271 HE DEPARTMENT SHALL UPDATE ITS RULES AS REQUIRED BY24
272272 SUBSECTION (6)(a) OF THIS SECTION AND ADOPT THE RULES REQUIRED BY25
273273 SUBSECTION (6)(b) OF THIS SECTION NO LATER THAN JANUARY 1, 2027.26
274274 SECTION 3. Act subject to petition - effective date. This act27
275275 HB25-1292
276276 -8- takes effect at 12:01 a.m. on the day following the expiration of the1
277277 ninety-day period after final adjournment of the general assembly; except2
278278 that, if a referendum petition is filed pursuant to section 1 (3) of article V3
279279 of the state constitution against this act or an item, section, or part of this4
280280 act within such period, then the act, item, section, or part will not take5
281281 effect unless approved by the people at the general election to be held in6
282282 November 2026 and, in such case, will take effect on the date of the7
283283 official declaration of the vote thereon by the governor.8
284284 HB25-1292
285285 -9-