First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0043.01 Rebecca Bayetti x4348 SENATE BILL 25-204 Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING THE RELOCATION OF A DEFINITION IN HOUSE BILL101 24-1266 RELATED TO UTILITY COMPANY BETTERMENT DURING102 LOCAL GOVERNMENT UTILITY RELOCATION .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/ .) Statutory Revision Committee. The bill modifies the placement of the definition of "utility company betterment" from House Bill 24-1266 concerning local government utility relocation arrangements to clarify its applicability to the entire statutory section. SENATE 3rd Reading Unamended April 4, 2025 SENATE 2nd Reading Unamended April 3, 2025 SENATE SPONSORSHIP Catlin and Ball, HOUSE SPONSORSHIP Carter and Luck, 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. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 38-5-109, amend2 (3)(c); and add (1)(j.5) as follows:3 38-5-109. Utility relocation clearance letter - definitions.4 (1) As used in this section, unless the context otherwise requires:5 (j.5) "U TILITY COMPANY BETTERMENT " MEANS ANY UPGRADE OF6 THE UTILITY FACILITIES BEING RELOCATED THAT IS NOT ATTRIBUTABLE TO7 THE ROAD IMPROVEMENT PROJECT AND THAT IS MADE SOLELY FOR THE8 BENEFIT AND AT THE ELECTION OF THE AFFECTED UTILITY COMPANY .9 (3) (c) (I) The clearance letter may allow for utility company10 betterment at the expense of the utility company; except that any utility11 company betterment must not materially delay the utility relocation. 12 (II) As used in this subsection (3)(c), "utility company betterment"13 means any upgrade of the utility facilities being relocated that is not14 attributable to the road improvement project and that is made solely for15 the benefit and at the election of the affected utility company.16 SECTION 2. Act subject to petition - effective date. This act17 takes effect at 12:01 a.m. on the day following the expiration of the18 ninety-day period after final adjournment of the general assembly; except19 that, if a referendum petition is filed pursuant to section 1 (3) of article V20 of the state constitution against this act or an item, section, or part of this21 act within such period, then the act, item, section, or part will not take22 effect unless approved by the people at the general election to be held in23 November 2026 and, in such case, will take effect on the date of the24 official declaration of the vote thereon by the governor.25 204-2-