7 | 7 | | LLS NO. 25-0043.01 Rebecca Bayetti x4348 |
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8 | 8 | | SENATE BILL 25-204 |
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9 | 9 | | Senate Committees House Committees |
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10 | 10 | | Transportation & Energy |
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11 | 11 | | A BILL FOR AN ACT |
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12 | 12 | | C |
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13 | 13 | | ONCERNING THE RELOCATION OF A DEFINITION IN HOUSE BILL101 |
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14 | 14 | | 24-1266 |
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15 | 15 | | RELATED TO UTILITY COMPANY BETTERMENT DURING102 |
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16 | 16 | | LOCAL GOVERNMENT UTILITY RELOCATION .103 |
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17 | 17 | | Bill Summary |
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18 | 18 | | (Note: This summary applies to this bill as introduced and does |
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19 | 19 | | not reflect any amendments that may be subsequently adopted. If this bill |
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20 | 20 | | passes third reading in the house of introduction, a bill summary that |
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21 | 21 | | applies to the reengrossed version of this bill will be available at |
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22 | 22 | | http://leg.colorado.gov/ |
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23 | 23 | | .) |
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24 | 24 | | Statutory Revision Committee. The bill modifies the placement |
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25 | 25 | | of the definition of "utility company betterment" from House Bill 24-1266 |
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26 | 26 | | concerning local government utility relocation arrangements to clarify its |
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27 | 27 | | applicability to the entire statutory section. |
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31 | 28 | | SENATE |
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32 | 29 | | 2nd Reading Unamended |
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33 | 30 | | April 3, 2025 |
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34 | 31 | | SENATE SPONSORSHIP |
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35 | 32 | | Catlin and Ball, |
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36 | 33 | | HOUSE SPONSORSHIP |
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37 | 34 | | Carter and Luck, |
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38 | 35 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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39 | 36 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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40 | 37 | | Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 |
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41 | 38 | | SECTION 1. In Colorado Revised Statutes, 38-5-109, amend2 |
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42 | 39 | | (3)(c); and add (1)(j.5) as follows:3 |
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43 | 40 | | 38-5-109. Utility relocation clearance letter - definitions.4 |
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44 | 41 | | (1) As used in this section, unless the context otherwise requires:5 |
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45 | 42 | | (j.5) "U |
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46 | 43 | | TILITY COMPANY BETTERMENT " MEANS ANY UPGRADE OF6 |
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47 | 44 | | THE UTILITY FACILITIES BEING RELOCATED THAT IS NOT ATTRIBUTABLE TO7 |
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48 | 45 | | THE ROAD IMPROVEMENT PROJECT AND THAT IS MADE SOLELY FOR THE8 |
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49 | 46 | | BENEFIT AND AT THE ELECTION OF THE AFFECTED UTILITY COMPANY .9 |
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50 | 47 | | (3) (c) (I) |
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51 | 48 | | The clearance letter may allow for utility company10 |
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52 | 49 | | betterment at the expense of the utility company; except that any utility11 |
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53 | 50 | | company betterment must not materially delay the utility relocation. 12 |
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54 | 51 | | (II) As used in this subsection (3)(c), "utility company betterment"13 |
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55 | 52 | | means any upgrade of the utility facilities being relocated that is not14 |
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56 | 53 | | attributable to the road improvement project and that is made solely for15 |
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57 | 54 | | the benefit and at the election of the affected utility company.16 |
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58 | 55 | | SECTION 2. Act subject to petition - effective date. This act17 |
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59 | 56 | | takes effect at 12:01 a.m. on the day following the expiration of the18 |
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60 | 57 | | ninety-day period after final adjournment of the general assembly; except19 |
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61 | 58 | | that, if a referendum petition is filed pursuant to section 1 (3) of article V20 |
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62 | 59 | | of the state constitution against this act or an item, section, or part of this21 |
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63 | 60 | | act within such period, then the act, item, section, or part will not take22 |
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64 | 61 | | effect unless approved by the people at the general election to be held in23 |
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65 | 62 | | November 2026 and, in such case, will take effect on the date of the24 |
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66 | 63 | | official declaration of the vote thereon by the governor.25 |
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67 | 64 | | 204-2- |
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