Public Utility Notice to Real Property Owner

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1279 LLS NO. 26-0784.01 Clare Haffner x6137 HOUSE SPONSORSHIP Luck, SENATE SPONSORSHIP (None), House Committees Senate Committees Energy & Environment A BILL FOR AN ACT CONCERNING REQUIRING A PUBLIC UTILITY TO PROVIDE WRITTEN NOTICE TO AN OWNER OF REAL PROPERTY BEFORE BEGINNING A PROJECT THAT WILL REQUIRE THE USE OF THE REAL PROPERTY.

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.) The bill requires a public utility to provide, at least 90 days before beginning the construction or extension of a new facility, line, plant, or system, notice by certified mail to each owner of private real property that 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.

will be used as a result of the construction or extension and to publish notice in a newspaper of general circulation in the area of the real property. The bill requires a public utility to host at least one in-person public meeting at least 30 days after, but no later than 60 days after, providing notice.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 40-5-101, add (5) as follows: 40-5-101. New construction - extension - compliance with local zoning rules - landowner notice - definitions. (5) (a) AT LEAST NINETY DAYS BEFORE BEGINNING THE CONSTRUCTION OR EXTENSION OF A NEW FACILITY, LINE, PLANT, OR SYSTEM, WHICH CONSTRUCTION OR EXTENSION WILL REQUIRE THE USE OF PRIVATE REAL PROPERTY, A PUBLIC UTILITY SHALL PROVIDE SUFFICIENT NOTICE TO EACH OWNER OF THE REAL PROPERTY THAT WILL BE USED, REGARDLESS OF WHETHER THE REAL PROPERTY IS SUBJECT TO A UTILITY EASEMENT.

(b) AT LEAST THIRTY DAYS AFTER, BUT NO LATER THAN SIXTY DAYS AFTER, PROVIDING SUFFICIENT NOTICE IN ACCORDANCE WITH SUBSECTION (5)(a) OF THIS SECTION, A PUBLIC UTILITY SHALL HOST AT LEAST ONE IN-PERSON PUBLIC MEETING IN THE COUNTY WHERE THE CONSTRUCTION OR EXTENSION WILL OCCUR.

(c) AS USED IN THIS SUBSECTION (5), "SUFFICIENT NOTICE" MEANS A LETTER SENT BY CERTIFIED MAIL FROM OR ON BEHALF OF A PUBLIC UTILITY TO AN OWNER OF REAL PROPERTY AND PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE AREA OF THE REAL PROPERTY, WHICH LETTER AND PUBLICATION MUST INCLUDE:

(I) THE NAME, ADDRESS, TELEPHONE NUMBER, AND NAMED POINT OF CONTACT FOR THE PUBLIC UTILITY;

(II) THE REAL PROPERTY ADDRESS;

(III) THE RECORDING NUMBER OF ANY UTILITY EASEMENT OR RECORDED MEMORANDUM OF ANY UTILITY EASEMENT;

(IV) A GENERAL DESCRIPTION OF ANY EXISTING PUBLIC UTILITY SERVICE INFRASTRUCTURE ALREADY LOCATED IN A RELEVANT UTILITY EASEMENT AND THE APPROXIMATE LOCATION OF THE UTILITY EASEMENT;

(V) A CITATION TO THIS SECTION;

(VI) AN ESTIMATED TIME FOR THE START OF CONSTRUCTION;

(VII) A NOTICE THAT INTERESTED PERSONS MAY SUBMIT WRITTEN COMMENTS TO THE PUBLIC UTILITY AT ANY TIME BEFORE THE START OF CONSTRUCTION; AND

(VIII) THE DATE, TIME, AND LOCATION FOR THE PUBLIC MEETING HOSTED BY THE PUBLIC UTILITY PURSUANT SUBSECTION (5)(b) OF THIS SECTION.

SECTION 2.

Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to public utility construction or extension projects commenced on or after the applicable effective date of this act.