HB 24-1266 CO Became Law
Local Government Utility Relocation in Right-of-Way
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Summary
The act establishes a process by which local governments and investor-owned utility companies with more than 250,000 customers may coordinate on utility relocation work that is necessitated by a road improvement project. A road improvement project does not include a project in a roadway under the control of the Colorado department of transportation (CDOT) unless the construction is performed by or under the direction of the local government pursuant to an agreement with CDOT. Under the process established by the act, a local government is required to notify any affected utility company of the details of a road improvement project before beginning the project and in the event of a change in the scope of the proposed project. These details include the proposed design, funding details, the specifics of the utility conflict, and the estimated timeline for the road improvement project and utility relocation. If local governments and utility companies so choose, they may coordinate on road improvement projects necessitating the removal, relocation, or alteration of utility lines in a local government's right-of-way and commit to a schedule for utility relocation by means of a clearance letter. The required components for a clearance letter include the scope of the utility relocation, schedule and coordination requirements for the utility relocation, accountability for traffic management and the discovery of hazardous materials, a dispute resolution mechanism, and requirements for prompt performance, staking, and project approval. A clearance letter must also provide that the utility company pay for actual damages associated with its delay in the performance of the utility relocation, except those caused by a force majeure, the discovery of hazardous materials, or a change in the scope or schedule of the road improvement project. The act also outlines the timeline and process for a local government to accept or reject a completed utility relocation. The utility relocation coordination process outlined by the act does not prevent a local government from pursuing alterative arrangements for road improvement projects, in which case the local government and utility company need not follow the process requirements outlined in the act. The act does not cover a local government that has granted a franchise to a utility company and does not alter the terms of any franchise or license granted pursuant to statute or the state constitution. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Sponsors (3)
- Eliza Hamrick Democratic · primary
- Lisa Frizell Republican · primary
- Rachel Zenzinger · primary
Action history (14)
- Jun 3, 2024 Governor Signed · executive
- May 29, 2024 Sent to the Governor · executive
- May 29, 2024 Signed by the President of the Senate · upper
- May 29, 2024 Signed by the Speaker of the House · lower
- Apr 30, 2024 House Considered Senate Amendments - Result was to Concur - Repass · lower
- Apr 23, 2024 House Considered Senate Amendments - Result was to Laid Over Daily · lower
- Apr 22, 2024 Senate Third Reading Passed - No Amendments · upper
- Apr 19, 2024 Senate Second Reading Passed with Amendments - Committee, Floor · upper
- Apr 16, 2024 Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
- Mar 22, 2024 Introduced In Senate - Assigned to Local Government & Housing · upper
- Mar 18, 2024 House Third Reading Passed - No Amendments · lower
- Mar 15, 2024 House Second Reading Special Order - Passed with Amendments - Committee · lower
- Mar 13, 2024 House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole · lower
- Feb 13, 2024 Introduced In House - Assigned to Transportation, Housing & Local Government · lower
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