Transmission Lines in State Highway Rights-of-Way

The bill allows a transmission developer to locate 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). 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. 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 is required to consider has considered or is considering development sites in the following order of priority: First, existing utility corridors; second, state highway 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 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 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. The bill also aligns the definition of a real estate appraiser with federal law.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)