Transmission Lines in State Highway Rights-of-Way

The act allows a transmission developer to co-locate longitudinally high voltage transmission lines within a state highway right-of-way (right-of-way), according to a process developed by rule by the department of transportation (department). 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 right-of-way. If the department and a transmission developer agree that a site may be suitable for high voltage line development and preconstruction requirements are approved, the transmission developer is required to provide a constructability, access, and maintenance report that includes mitigation strategies for potential impacts of the proposed high voltage line.

Beginning on January 1, 2027, a transmission developer is required to make a report with the following information available on a public-facing website within 30 days of filing for a local permit for the construction or development of high voltage lines:

• A description of the analysis undertaken for route selection;
• An evaluation of the economic impacts, engineering considerations, and reliability of the electric system; and
• Information demonstrating that, in assessing potential sites for the placement of high voltage lines, a transmission developer has considered or is considering development sites in the following order of priority: First, existing utility corridors; second, rights-of-way; and last, new utility corridors.

A transmission developer is not required to select an existing utility corridor or a right-of-way for development of high voltage lines. A transmission developer seeking to locate a high voltage line within a right-of-way within the exterior boundaries of an Indian reservation is required to obtain the written consent of the applicable tribal government. A transmission developer is required to compensate the department for its co-location of high voltage lines in a right-of-way, either through a public-private initiative or by paying surcharges as established by the department by rule.

The act also requires the Colorado electric transmission authority, through a public-private partnership and in collaboration with the department, the Colorado energy office, the Colorado public utilities commission, and other state agencies, including the division of parks and wildlife, to study state highway corridors to identify potential corridors that may be suitable for high voltage transmission line development and to publish and share with specified state agencies a report on the findings of the study.

The act also aligns the definition of a real estate appraiser with federal law.

(Note: This summary applies to this bill as enacted.)