First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0876.01 Rebecca Bayetti x4348
HOUSE BILL 25-1292
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE PROCESS TO A LLOW A TRANSMISSION DEVELOPER101
TO LOCATE HIGH VOLTAGE TRANSMISSION LINES WITHIN A102
STATE HIGHWAY RIGHT -OF-WAY.103
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
HOUSE SPONSORSHIP
Boesenecker,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
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
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado will need to expand electric transmission to meet its4
clean energy and greenhouse gas reduction targets and reliability and5
affordability obligations;6
(b) It is the policy of the state that high voltage transmission lines7
may be constructed or maintained within the access control lines of8
highway, freeway, and interstate highway rights-of-way unless the9
executive director of the Colorado department of transportation,10
consulting with appropriate state agencies, disapproves of this co-location11
to protect public safety, communities, and wildlife habitat, crossings, and12
migratory corridors or to ensure the proper functioning of a state13
highway, freeway, or interstate highway. If the installation is on an14
interstate highway, the express approval of the federal highway15
administration is required and the project may be required to undergo the16
HB25-1292-2- review process required by the federal "National Environmental Policy1
Act of 1969", 42 U.S.C. sec. 4321, et seq. 2
(c) Co-locating transmission lines along highways can3
significantly reduce impacts on wildlife and habitat compared to building4
new lines through greenfield areas. The impacts on communities,5
including disproportionately impacted communities, must be evaluated6
and mitigated through the use of approaches like those outlined in the7
Colorado electric transmission authority's 2024 "Principles of Community8
Engagement" and the Colorado environmental justice action task force's9
2022 "Final Report of Recommendations".10
SECTION 2. In Colorado Revised Statutes, add 43-1-228 as11
follows:12
43-1-228. High voltage lines in state highway right-of-way -13
development projects and priorities - surcharge - study - rules -14
definitions. (1) Definitions. A
S USED IN THIS SECTION, UNLESS THE15
CONTEXT OTHERWISE REQUIRES :16
(a) "H
IGH VOLTAGE LINE" HAS THE SAME MEANING AS SET FORTH17
IN SECTION 29-7.5-103 (1).18
(b) "R
ULE" HAS THE SAME MEANING AS SET FORTH IN SECTION19
24-4-102
(15).20
(c) "S
TATE HIGHWAY " MEANS ANY HIGHWAY OWNED ,21
CONTROLLED, OR MAINTAINED BY THE STATE, INCLUDING FEDERAL-AID22
PRIMARY OR SECONDARY SYSTEMS OR THE INTERSTATE SYSTEM . "STATE23
HIGHWAY" DOES NOT INCLUDE A PUBLIC HIGHWAY OPERATED BY A PUBLIC24
HIGHWAY AUTHORITY IN ACCORDANCE WITH THE "PUBLIC HIGHWAY25
A
UTHORITY LAW", PART 5 OF ARTICLE 4 OF THIS TITLE 43.26
(d) "T
RANSMISSION DEVELOPER" MEANS:27
HB25-1292
-3- (I) A TRANSMISSION UTILITY, AS DEFINED IN SECTION 40-5-1081
(1)(b);2
(II) T
HE COLORADO ELECTRIC TRANSMISSION AUTHORITY3
CREATED IN SECTION 40-42-103;4
(III) A
GENERATION AND TRANSMISSION COOPERATIVE OR5
ASSOCIATION; AND6
(IV) A
NY OF THE FOLLOWING ENTITIES THAT HAVE VOTED TO7
EXEMPT THEMSELVES FROM THE "PUBLIC UTILITIES LAW", ARTICLES 1 TO8
7
OF TITLE 40, PURSUANT TO SECTION 40-9.5-103:9
(A) A
MUNICIPALLY OWNED UTILITY;10
(B) A
POWER AUTHORITY ESTABLISHED PURSUANT TO SECTION11
29-1-204
(1); OR12
(C) A
COOPERATIVE ELECTRIC ASSOCIATION , AS DEFINED IN13
SECTION 40-9.5-102 (1).14
(2) State highway high voltage line co-location projects.15
(a) (I) U
PON THE REQUEST OF A TRANSMISSION DEVELOPER , THE16
DEPARTMENT SHALL PROVIDE TO THE TRANSMISSION DEVELOPER THE BEST17
AVAILABLE INFORMATION ON POTENTIAL FUTURE STATE HIGHWAY18
DEVELOPMENT PROJECTS , AS INCLUDED IN THE STATEWIDE19
TRANSPORTATION PLAN, THAT COULD IMPACT THE PLACEMENT OF A HIGH20
VOLTAGE LINE WITHIN A STATE HIGHWAY RIGHT -OF-WAY.21
(II) T
HE DEPARTMENT SHALL PROCESS SUCH A REQUEST FOR22
INFORMATION IN THE ORDER THAT IT WAS RECEIVED , IN ACCORDANCE23
WITH THE DEPARTMENT'S SPECIAL USE PERMITTING PROCESS.24
(b) (I) I
F THE DEPARTMENT AND A TRANSMISSION DEVELOPER25
AGREE THAT AN IDENTIFIED SITE MAY BE SUITABLE FOR DEVELOPMENT OR26
CONSTRUCTION OF A HIGH VOLTAGE LINE WITHIN A STATE HIGHWAY27
HB25-1292
-4- RIGHT-OF-WAY, THE DEPARTMENT SHALL DEVELOP A PRECONSTRUCTION1
PLAN REVIEW SCHEDULE THAT INCLUDES ALL APPLICABLE SECTIONS OF2
THE STATE HIGHWAY UTILITY ACCOMMODATION CODE , 2 CCR 601-18, OR3
ANY SUCCESSOR CODE.4
(II) U
PON APPROVAL OF THE PRECONSTRUCTION REQUIREMENTS5
OUTLINED IN A PRECONSTRUCTION PLAN , THE TRANSMISSION DEVELOPER6
SHALL PROVIDE A CONSTRUCTABILITY , ACCESS, AND MAINTENANCE7
REPORT TO BE UTILIZED WHEN TRANSMISSION LINE CO-LOCATION PROJECTS8
IN A STATE HIGHWAY RIGHT-OF-WAY ARE BEING PLANNED AND APPROVED .9
T
HE CONSTRUCTABILITY, ACCESS, AND MAINTENANCE REPORT MUST10
OUTLINE MITIGATION STRATEGIES NEEDED TO EFFECTIVELY AVOID OR11
ADDRESS POTENTIAL IMPACTS TO COMMUNITIES , INCLUDING12
DISPROPORTIONATELY IMPACTED COMMUNITIES , AND TO HABITATS ,13
WILDLIFE, AND WILDLIFE CROSSINGS.14
(III) A
CONSTRUCTABILITY, ACCESS, AND MAINTENANCE REPORT15
MUST BE APPROVED BY THE DEPARTMENT BEFORE THE DEPARTMENT16
ISSUES A PERMIT FOR THE USE OF A STATE HIGHWAY RIGHT -OF-WAY.17
(3) High voltage line or facility site priorities and evaluation by18
public utilities commission. (a) (I) I
N THE CONSTRUCTION OR19
DEVELOPMENT OF HIGH VOLTAGE LINES OR FACILITIES NECESSARY FOR20
HIGH VOLTAGE TRANSMISSION , A TRANSMISSION DEVELOPER SHALL21
CONSIDER DEVELOPMENT SITES IN THE FOLLOWING ORDER OF PRIORITY :22
(A) F
IRST, EXISTING UTILITY CORRIDORS, WITH A PREFERENCE FOR23
USING ADVANCED TRANSMISSION TECHNOLOGIES , INCLUDING24
GRID-ENHANCING TECHNOLOGIES ; RECONDUCTORING WITH ADVANCED25
CONDUCTORS; OR MAKING OTHER IMPROVEMENTS TO EXISTING26
INFRASTRUCTURE THAT ACHIEVE EXPANDED ELECTRIC CAPACITY AT THE27
HB25-1292
-5- LOWEST POSSIBLE COST;1
(B) S
ECOND, STATE HIGHWAY RIGHTS-OF-WAY; AND2
(C) L
AST, NEW UTILITY CORRIDORS.3
(II) I
N ASSESSING POTENTIAL HIGH VOLTAGE TRANSMISSION LINE4
DEVELOPMENT SITES IN ACCORDANCE WITH THIS SUBSECTION (3)(a), A5
TRANSMISSION DEVELOPER SHALL EVALUATE THE ECONOMIC IMPACTS ,6
ENGINEERING CONSIDERATIONS , AND RELIABILITY OF THE ELECTRIC7
SYSTEM.8
(b) (I) I
F REQUIRED TO FILE AN APPLICATION FOR A CERTIFICATE OF9
PUBLIC CONVENIENCE AND NECESSITY WITH THE PUBLIC UTILITIES10
COMMISSION CREATED IN SECTION 40-2-101, A TRANSMISSION DEVELOPER11
SHALL DEMONSTRATE THAT IT HAS CONSIDERED POTENTIAL SITES FOR12
HIGH VOLTAGE TRANSMISSION LINE DEVELOPMENTS IN THE ORDER OF13
PRIORITY LISTED IN SUBSECTION (3)(a) OF THIS SECTION. THE14
TRANSMISSION DEVELOPER SHALL INCLUDE ITS ASSESSMENT OF POTENTIAL15
SITES AND THE UNDERLYING DATA USED IN THE ASSESSMENT AS PART OF16
ITS APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND17
NECESSITY.18
(II) I
N EVALUATING AN APPLICATION FOR A CERTIFICATE OF PUBLIC19
CONVENIENCE AND NECESSITY FROM A TRANSMISSION DEVELOPER , THE20
PUBLIC UTILITIES COMMISSION SHALL ASSESS WHETHER THE21
TRANSMISSION DEVELOPER HAS PROVIDED THE INFORMATION REQUIRED22
BY SUBSECTION (3)(b)(I) OF THIS SECTION.23
(4) Surcharges for right-of-way access for transmission24
developer. (a) T
HE DEPARTMENT MAY IMPOSE SURCHARGES ON A25
TRANSMISSION DEVELOPER FOR ITS CO-LOCATION OF HIGH VOLTAGE LINES26
IN A STATE HIGHWAY RIGHT-OF-WAY, INCLUDING A ONE-TIME SURCHARGE 27
HB25-1292
-6- TO COVER THE COSTS OF A PERMIT FOR THE USE OF THE STATE HIGHWAY1
RIGHT-OF-WAY AND AN ANNUAL USE SURCHARGE FOR THE USE OF THE2
STATE HIGHWAY RIGHT-OF-WAY.3
(b) (I) T
HE DEPARTMENT SHALL ESTABLISH THE SURCHARGES BY4
RULE PURSUANT TO SUBSECTION (6) OF THIS SECTION.5
(II) T
HE SURCHARGES FOR A TRANSMISSION DEVELOPER 'S USE OF6
A STATE HIGHWAY RIGHT-OF-WAY MUST BE IN ADDITION TO AMOUNTS7
PAYABLE BY THE TRANSMISSION DEVELOPER UNDER THE TERMS OF A8
PUBLIC-PRIVATE INITIATIVE, AS DEFINED IN SECTION 43-1-1201 (3),9
ENTERED INTO ACCORDING TO PART 12 OF THIS ARTICLE 1.10
(5) State highway corridor study - report. (a) T
HROUGH A11
PUBLIC-PRIVATE PARTNERSHIP, WHERE FUNDING IS PROVIDED BY PRIVATE12
PARTNERS, THE COLORADO ENERGY OFFICE CREATED IN SECTION13
24-38.5-101
AND THE COLORADO ELECTRIC TRANSMISSION AUTHORITY14
CREATED IN SECTION 40-42-103, IN COLLABORATION WITH THE15
DEPARTMENT, THE COLORADO PUBLIC UTILITIES COMMISSION CREATED IN16
SECTION 40-2-101, AND OTHER STATE AGENCIES , SHALL STUDY STATE17
HIGHWAY CORRIDORS TO IDENTIFY POTENTIAL CORRIDORS THAT MAY BE18
SUITABLE FOR HIGH VOLTAGE TRANSMISSION LINE DEVELOPMENT .19
(b) T
HE COLORADO ENERGY OFFICE AND THE COLORADO ELECTRIC20
TRANSMISSION AUTHORITY SHALL COMPLETE THE STUDY REQUIRED BY21
THIS SUBSECTION (5) NO LATER THAN EIGHTEEN MONTHS AFTER THE DATE22
THAT FUNDING IS SECURED FROM PRIVATE PARTNERS .23
(c) T
HE COLORADO ENERGY OFFICE AND THE COLORADO ELECTRIC24
TRANSMISSION AUTHORITY SHALL PUBLISH A REPORT ON THE FINDINGS OF25
THE STUDY REQUIRED BY THIS SUBSECTION (5) ON THEIR WEBSITES AND26
SHALL SHARE THE REPORT WITH THE DEPARTMENT , THE COLORADO PUBLIC27
HB25-1292
-7- UTILITIES COMMISSION, THE DIVISION OF PARKS AND WILDLIFE IN THE1
DEPARTMENT OF NATURAL RESOURCES CREATED IN SECTION 33-9-104,2
AND, AS APPROPRIATE, OTHER STATE AGENCIES.3
(6) Rules. (a) T
HE DEPARTMENT SHALL UPDATE ITS RULES4
CONCERNING ACCESS TO STATE HIGHWAY RIGHTS -OF-WAY TO5
ACCOMMODATE HIGH VOLTAGE LINES PURSUANT TO THE STATE HIGHWAY6
UTILITY ACCOMMODATION CODE , 2 CCR 601-18, OR ANY SUCCESSOR7
CODE.8
(b) T
HE EXECUTIVE DIRECTOR MAY ADOPT RULES AS NECESSARY9
TO IMPLEMENT THIS SECTION. THE RULES MUST:10
(I) C
LARIFY THAT LONGITUDINAL HIGH VOLTAGE LINES MAY BE11
PERMITTED IN STATE HIGHWAY RIGHTS -OF-WAY IF IDENTIFIED CRITERIA12
ARE MET;13
(II) C
REATE A PROCESS THROUGH WHICH A TRANSMISSION14
DEVELOPER MUST SUBMIT A REQUEST TO THE DEPARTMENT FOR A PERMIT15
FOR THE USE OF A STATE HIGHWAY RIGHT-OF-WAY TO CONSTRUCT A HIGH16
VOLTAGE LINE;17
(III) E
STABLISH CRITERIA FOR THE DENIAL OF A PERMIT REQUEST18
SUBMITTED BY A TRANSMISSION DEVELOPER FOR A HIGH VOLTAGE LINE IF19
THE PROPOSED PROJECT PRESENTS A RISK TO PUBLIC SAFETY OR PREVENTS20
THE PROPER FUNCTIONING OF THE STATE HIGHWAY ; AND21
(IV) S
ET THE SURCHARGES AS DESCRIBED IN SUBSECTION (4) OF22
THIS SECTION.23
(c) T
HE DEPARTMENT SHALL UPDATE ITS RULES AS REQUIRED BY24
SUBSECTION (6)(a) OF THIS SECTION AND ADOPT THE RULES REQUIRED BY25
SUBSECTION (6)(b) OF THIS SECTION NO LATER THAN JANUARY 1, 2027.26
SECTION 3. Act subject to petition - effective date. This act27
HB25-1292
-8- takes effect at 12:01 a.m. on the day following the expiration of the1
ninety-day period after final adjournment of the general assembly; except2
that, if a referendum petition is filed pursuant to section 1 (3) of article V3
of the state constitution against this act or an item, section, or part of this4
act within such period, then the act, item, section, or part will not take5
effect unless approved by the people at the general election to be held in6
November 2026 and, in such case, will take effect on the date of the7
official declaration of the vote thereon by the governor.8
HB25-1292
-9-