Bill Sponsor
Colorado House Bill 1266
Session 2024A
Local Government Utility Relocation in Right-of-Way
Became Law
Became Law
Signed by Governor on Jun 3, 2024
Sponsors
Democrat
Eliza Hamrick
Republican
Lisa Frizell
Democrat
Rachel Zenzinger
First Action
Feb 13, 2024
Latest Action
Jun 3, 2024
Origin Chamber
House
Type
Bill
Bill Number
1266
State
Colorado
Session
2024A
Sponsorship by Party
Democrat
Primary
Republican
Primary
Democrat
Primary
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.)
Actions (14)
06/03/2024
Office of the Governor
Governor Signed
05/29/2024
Office of the Governor
Sent to the Governor
05/29/2024
Senate
Signed by the President of the Senate
05/29/2024
House
Signed by the Speaker of the House
04/30/2024
House
House Considered Senate Amendments - Result was to Concur - Repass
04/23/2024
House
House Considered Senate Amendments - Result was to Laid Over Daily
04/22/2024
Senate
Senate Third Reading Passed - No Amendments
04/19/2024
Senate
Senate Second Reading Passed with Amendments - Committee, Floor
04/16/2024
Senate
Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole
03/22/2024
Senate
Introduced In Senate - Assigned to Local Government & Housing
03/18/2024
House
House Third Reading Passed - No Amendments
03/15/2024
House
House Second Reading Special Order - Passed with Amendments - Committee
03/13/2024
House
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
02/13/2024
House
Introduced In House - Assigned to Transportation, Housing & Local Government
Sources
Record Created
Feb 14, 2024 5:09:14 PM
Record Updated
Jun 25, 2024 6:42:11 PM