Expands electric transmission infrastructure to meet clean energy, greenhouse gas reduction, reliability, and affordability goals.
Establishes a policy allowing high-voltage transmission lines within highway rights-of-way unless public safety, environmental, or operational concerns require denial.
Requires consideration of community and environmental impacts, including recommendations from the Colorado Electric Transmission Authority and the Environmental Justice Action Task Force.
II. DEFINITIONS
High Voltage Line: As defined in § 29-7.5-103(1).
State Highway: Includes all highways owned, controlled, or maintained by the state but excludes those operated by public highway authorities.
Transmission Developer: Includes transmission utilities, the Colorado Electric Transmission Authority, generation and transmission cooperatives, municipal utilities, and exempt power authorities.
III. STATE HIGHWAY HIGH VOLTAGE LINE CO-LOCATION PROJECTS
State Department Responsibilities:
Provide transmission developers with available information on planned highway projects that may impact transmission siting.
Process co-location requests in accordance with the state’s special use permitting process.
Project Development Requirements:
The department and transmission developer must agree on site suitability.
A preconstruction plan review schedule must be established.
A constructability, access, and maintenance report must be submitted and approved before a permit is issued.
Report must outline mitigation strategies for impacts on communities and wildlife.
IV. TRANSMISSION LINE SITE PRIORITIES AND PUBLIC UTILITIES COMMISSION REVIEW
Site Prioritization Order:
Existing utility corridors, including advanced transmission technology upgrades.
State highway rights-of-way.
New utility corridors.
Public Utilities Commission Review:
Transmission developers must demonstrate consideration of prioritized sites when filing for a Certificate of Public Convenience and Necessity.
The Public Utilities Commission must assess whether the applicant has properly evaluated and documented site options.
V. RIGHT-OF-WAY ACCESS SURCHARGES FOR TRANSMISSION DEVELOPERS
The Department of Transportation may impose:
A one-time surcharge to cover permit costs.
An annual use surcharge for continued access.
Surcharges must be established by rule and will be in addition to any payments under a public-private partnership agreement.
VI. STATE HIGHWAY CORRIDOR STUDY
Study Requirements:
The Colorado Energy Office and the Colorado Electric Transmission Authority, in partnership with private funding sources, must study potential state highway corridors for high-voltage transmission development.
The study must be completed within 18 months of securing private funding.
Findings must be published and shared with state agencies, including the Public Utilities Commission and the Division of Parks and Wildlife.
VII. RULEMAKING AND IMPLEMENTATION
Rule Updates:
The Department of Transportation must update regulations to allow for transmission line co-location in state highway rights-of-way.
Establishes a permitting process and criteria for denial based on public safety and highway functionality concerns.
Sets surcharge amounts and conditions for developer access.
Implementation Deadline:
Required rule updates and surcharge structures must be adopted by January 1, 2027.
VIII. IMPLEMENTATION AND EFFECTIVE DATE
Takes effect 90 days after the legislative session ends.
If challenged by referendum, will be decided in the November 2026 general election and take effect upon certification of results.
Summary
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 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.
