HB26-1278 • 2026

Local Government Approval of Transmission Infrastructure

The bill requires that an investor-owned electric utility receive a certificate of public convenience and necessity (certificate) from the public utilities commission and obtain all necessary local go

Land

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Rep. C. Richardson, Sen. R. Pelton, Sen. M. Snyder, Rep. M. Brooks, Rep. J. Caldwell, Rep. L. García, Rep. L. Goldstein, Rep. A. Hartsook, Rep. D. Johnson, Rep. T. Mauro, Rep. A. Paschal, Rep. M. Soper, Rep. B. Titone, Rep. T. Winter, Rep. D. Woog, Sen. L. Cutter, Sen. L. Frizell, Sen. N. Hinrichsen, Sen. J. Marchman
Last action: 2026-03-05
Official status: House Committee on Energy & Environment Postpone Indefinitely
Effective date: Not listed

Plain English Breakdown

The bill text states it takes effect on January 1, 2027, unless a referendum petition is filed and approved or rejected in the November 2026 election.

Local Government Approval Required Before Utility Condemnation

This bill requires investor-owned electric utilities to get a state certificate and all necessary local land use permits before they can start legal proceedings to take private property for high-voltage power lines.

What This Bill Does

Requires an investor-owned utility to receive a certificate of public convenience and necessity from the Public Utilities Commission first.
Mandates that the utility must obtain all required local government land use permits before starting condemnation actions.
States that having a state commission certificate does not give a utility the power to take property until local approvals are complete.
Requires utilities to confirm the final project design with local governments so specific properties needed for construction are identified.
Clarifies that if a transmission line crosses into multiple different local government areas, these rules apply separately in each area.

Who It Names or Affects

Investor-owned electric utilities regulated by the Public Utilities Commission.
Local governments including counties, cities, towns, and city-counties.
Private property owners whose land might be used for high-voltage transmission infrastructure.

Terms To Know

Condemnation proceedings: The legal process where a utility takes private property for public use, often called eminent domain.
Certificate of Public Convenience and Necessity: An official approval from the state Public Utilities Commission required before building transmission infrastructure.
Transmission Infrastructure: High-voltage power lines owned by investor-owned utilities that carry electricity at more than 100 kilovolts.

Limits and Unknowns

The bill does not change existing application or review timelines set by the Public Utilities Commission or local governments.
This law only applies to high-voltage transmission lines over 100 kilovolts owned by investor-owned utilities.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Energy & Environment

Passed [*]

Plain English: This amendment adds a new definition for 'final approval' to include situations where state officials or courts override local permit denials, and updates the bill's requirements so that transmission projects can proceed if they receive this final approval even without specific local permits.

Adds a rule stating that 'final approval' means either getting land use permits from a local government OR having those permits denied but then being approved by the state commission or a court instead.
Updates sections of the bill to allow transmission infrastructure projects to move forward if they have received this new type of final approval, even if they do not have all original local approvals.

The amendment text does not explain exactly how long a utility must wait for a court or commission decision before it counts as 'final approval'.
The specific steps the state commission or courts must take to override a local government's denial are not described in this short excerpt.

L.002

HOU Energy & Environment

Passed [*]

Plain English: This amendment clarifies that the bill does not stop local governments from making rules about how electric companies talk to landowners, nor does it stop those companies from talking directly to landowners before filing official permits.

The law will explicitly state that nothing in this section limits a local government's ability to create laws or regulations regarding communication between landowners and investor-owned electric utilities about proposed transmission projects.

This amendment only addresses the specific issue of communication rules before permits are filed; it does not explain other parts of the bill related to certificates, eminent domain threats, or local approval processes.
The text clarifies that electric utilities can communicate with landowners without using a threat of eminent domain prior to filing permits, but it does not define what specific actions count as communication.

L.003

HOU Energy & Environment

Passed [*]

Plain English: This amendment requires investor-owned electric utilities to talk with local communities and governments before they can start legal proceedings to take land for new transmission lines.

Utilities must hold early meetings with residents, community groups, and local leaders in areas affected by the project.
Companies must make a good faith effort to reach out to communities that might face unfair environmental or health impacts.
The required engagement includes giving public notice, letting people share their concerns about impacts, offering language help for participation, and keeping records of all feedback.

The specific rules the Public Utilities Commission will create to enforce these requirements are not detailed in this text.
This amendment only applies before a utility starts condemnation proceedings (legal land taking), so it does not cover other stages of project approval.

L.004

HOU Energy & Environment

Passed [*]

Plain English: This amendment removes specific sections of the bill that were located on pages 5 and 6.

Deletes lines 26 and 27 from page 5 of the original bill text.
Removes all content in lines 1 through 14 from page 6 of the original bill text.

The amendment only lists which lines to delete but does not provide the actual words or rules that are being removed, so it is unclear what specific requirements were originally included in those sections.
Because the deleted text is missing from this document, we cannot explain exactly how local government approval for transmission infrastructure would change.

Bill History

2026-03-05 House
House Committee on Energy & Environment Postpone Indefinitely
2026-02-19 House
Introduced In House - Assigned to Energy & Environment

Official Summary Text

The bill requires that an investor-owned electric utility receive a certificate of public convenience and necessity (certificate) from the public utilities commission and obtain all necessary local government land use approvals and permits prior to initiating any condemnation proceedings related to a high-voltage transmission infrastructure project requiring the certificate.
The bill does not change existing application and review processes related to the development of transmission projects that have been established by the public utilities commission or a relevant local government.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0106.01 Christopher McMichael x4775 HOUSE BILL 26-1278
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
CONCERNING THE PRESERVATION OF LOCAL LAND USE AUTHORITY BY101
REQUIRING LOCAL GOVERNMENT APPROVAL BEFORE AN102
INVESTOR-OWNED ELECTRIC UTILITY MAY COMMENCE A103
CONDEMNATION PROCEEDING FOR HIGH -VOLTAGE104
TRANSMISSION INFRASTRUCTURE.105
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 that an investor-owned electric utility receive a
certificate of public convenience and necessity (certificate) from the
HOUSE SPONSORSHIP
Richardson, Brooks, Caldwell, Garcia, Goldst ein, Hartsook, Johnson, Mauro, Paschal,
Soper, Titone, Winter T., Woog
SENATE SPONSORSHIP
Pelton R. and Snyder, Cutter, Frizell, Hinrichsen, Marchman
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.
public utilities commission and obtain all necessary local government
land use approvals and permits pr ior to initiating any conde mnation
proceedings related to a high-voltage transmission infrastructure project
requiring the certificate.
The bill does not change existing application and review processes
related to the development of transmission projects that have been
established by the public u tilities commission or a relevant local
government.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Projects built by public utilities fulfill an essential public need,4
supporting the health, safety, economic prosperity, and welfare of5
Coloradans by ensuring access to electricity, gas, water, and6
telecommunications services;7
(b) Individual property rights are fundamental to our constitutional8
order, protected by the fifth amendment of the United States constitution9
and section 15 of article II of the state constitution, which states that10
"[p]rivate property shall not be taken or damaged, for public or private11
use, without just compensation";12
(c) These constitutional provisions prohibit the taking of private13
property for speculative or undefi ned public uses , ensuring that14
condemnations are necessary, justified, and executed with due process;15
(d) Under Colorado law, investor-owned electric utilities that hold16
a certificate of public convenience and necessity issued by the public17
utilities commission may initiate condemnation proceedings prior to18
obtaining all required local government land use permits and approvals,19
which creates circumstances in which private property is condemned20
without certainty that the property is necessary for a final, approved21
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project;1
(e) Speculative acquisitions of property via condemnation2
undermine constitutional protections, burden landowners, and erode3
public trust in both government and utility providers;4
(f) Local governments exercise their land use powers to regulate5
development in harmony with local needs, environmental stewardship,6
and community priorities. Preserving these powers ensures that7
investor-owned electric utility projects are implemented with full8
consideration of local impacts while serving statewide and regional public9
needs.10
(g) Therefore, it is the intent of the general assembly to protect11
private property rights, uphold constitutional takings standards, and12
reinforce local government land use authority by clarifying that no13
condemnation action taken by an investor-owned electric utility may14
occur until final approval of the project, including local government15
authorization, has been granted.16
SECTION 2. In Colorado Revised Statutes, add 40-5-101.3 as17
follows:18
40-5-101.3. Construction of electric transmission19
infrastructure - certificate of public convenience and necessity -20
eminent domain - approval by local government - definitions.21
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE22
REQUIRES:23
(a) "INVESTOR-OWNED ELECTRIC UTILITY" OR "UTILITY" MEANS AN24
INVESTOR-OWNED UTILITY THAT PROVIDES RETAIL ELECTRIC SERVICE AND25
IS REGULATED BY THE COMMISSION.26
(b) "L OCAL GOVERNMENT " MEANS A COUNTY , HOME RULE OR27
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STATUTORY CITY , TOWN , TERRITORIAL CHARTER CITY , OR CITY AND1
COUNTY.2
(c) "T RANSMISSION INFRASTRUCTURE " MEANS HIGH -VOLTAGE3
TRANSMISSION INFRASTRUCTURE THAT EXCEEDS ONE HUNDRED4
KILOVOLTS AND IS OWNED AND OPERATED BY AN INVESTOR -OWNED5
ELECTRIC UTILITY.6
(2) A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY7
ISSUED BY THE COMMISSION PURSUANT TO THIS ARTICLE 5 DOES NOT8
CONFER THE POWER OF EMINENT DOMAIN UPON AN INVESTOR -OWNED9
ELECTRIC UTILITY UNLESS AND UNTIL:10
(a) ALL LOCAL GOVERNMENT LAND USE PERMITS AND APPROVALS11
REQUIRED FOR THE TRANSMISSION INFRASTRUCTURE HAVE BEEN ISSUED12
BY THE RELEVANT ENTITIES OF THE LOCAL GOVERNMENT WHERE THE13
TRANSMISSION INFRASTRUCTURE WILL BE LOCATED; AND14
(b) ANY TAKING OR DAMAGING OF PRIVATE PROPERTY FOR THE15
TRANSMISSION INFRASTRUCTURE IS CONDUCTED CONSISTENT WITH16
SECTION 15 OF ARTICLE II OF THE STATE CONSTITUTION TO ENSURE JUST17
COMPENSATION AND PROHIBIT SPECULATIVE TAKING OF PRIVATE18
PROPERTY.19
(3) (a) A N INVESTOR -OWNED ELECTRIC UTILITY THAT HAS20
RECEIVED A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM21
THE COMMISSION FOR TRANSMISSION INFRASTRUCTURE SHALL NOT22
INITIATE CONDEMNATION PROCEEDINGS FOR ANY PROPERTY RELATED TO23
THE INFRASTRUCTURE UNLESS AND UNTIL THE INVESTOR-OWNED ELECTRIC24
UTILITY OBTAINS:25
(I) ALL LOCAL GOVERNMENT LAND USE PERMITS AND APPROVALS26
ISSUED BY THE LOCAL GOVERNMENT WHERE THE TRANSMISSION27
HB26-1278-4-
INFRASTRUCTURE WILL BE LOCATED; AND1
(II) C ONFIRMATION OF THE FINAL APPROVED PROJECT DESIGN2
FROM THE LOCAL GOVERNMENT SUCH THAT THE SPECIFIC PROPERTY3
REQUIRED FOR THE TRANSMISSION INFRASTRUCTURE IS IDENTIFIED AND4
ANY TAKING OR DAMAGING OF PRIVATE PROPERTY REQUIRED FOR THE5
TRANSMISSION INFRASTRUCTURE IS CONDUCTED CONSISTENT WITH6
SECTION 15 OF ARTICLE II OF THE STATE CONSTITUTION.7
(b) I F THE TRANSMISSION INFRASTRUCTURE WILL BE LOCATED8
WITHIN THE JURISDICTION OF MULTIPLE LOCAL GOVERNMENTS , THE9
INVESTOR-OWNED ELECTRIC UTILITY SHALL MEET THE REQUIREMENTS OF10
SUBSECTION (2) OF THIS SECTION AND THIS SUBSECTION (3) FOR EACH11
SPECIFIC LOCAL GOVERNMENT JURISDICTION WHERE THE TRANSMISSION12
INFRASTRUCTURE WILL BE LOCATED BEFORE INITIATING A CONDEMNATION13
PROCEEDING RELATED TO THE TRANSMISSION INFRASTRUCTURE WITHIN A14
SPECIFIC LOCAL GOVERNMENT JURISDICTION THAT HAS NOT YET APPROVED15
THE TRANSMISSION INFRASTRUCTURE.16
(4) THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND17
NECESSITY BY THE COMMISSION PURSUANT TO THIS ARTICLE 5 DOES NOT18
RELIEVE AN INVESTOR -OWNED ELECTRIC UTILITY FROM THE UTILITY 'S19
OBLIGATION TO OBTAIN ALL NECESSARY LOCAL GOVERNMENT LAND USE20
PERMITS AND APPROVALS PRIOR TO EXERCISING THE UTILITY 'S EMINENT21
DOMAIN AUTHORITY.22
(5) T HIS SECTION SHALL NOT IMPACT OR DELAY EXISTING23
APPLICATION REVIEW PROCESSES OR TIMELINES ESTABLISHED BY THE24
COMMISSION OR A RELEVANT LOCAL GOVERNMENT.25
SECTION 3. In Colorado Revised Statutes, 29-20-108, add (8)26
as follows:27
HB26-1278-5-
29-20-108. Local government regulation - location,1
construction, or improvement of major electrical or natural gas2
facilities - powerline trail notification - expedited review for certain3
transmission line projects - transmission infrastructure exception -4
legislative declaration - definitions.5
(8) (a) T HIS SECTION DOES NOT APPLY TO LOCAL GOVERNMENT6
LAND USE PERMITS AND APPROVALS REQUIRED FOR INVESTOR -OWNED7
ELECTRIC UTILITIES' TRANSMISSION INFRASTRUCTURE, AS GOVERNED BY8
SECTION 40-5-101.3.9
(b) AS USED IN THIS SUBSECTION (8):10
(I) "INVESTOR-OWNED ELECTRIC UTILITY" HAS THE MEANING SET11
FORTH IN SECTION 40-5-101.3 (1)(a).12
(II) "T RANSMISSION INFRASTRUCTURE" HAS THE MEANING SET13
FORTH IN SECTION 40-5-101.3 (1)(c).14
SECTION 4. Act subject to petition - effective date -15
applicability. (1) This act takes effect January 1, 2027; except that, if a16
referendum petition is filed pursuant to section 1 (3) of article V of the17
state constitution against this act or an item, section, or part of this act18
within the ninety-day period after final adjournment of the general19
assembly, then the act, item, section, or part will not take effect unless20
approved by the people at the general election to be held in November21
2026 and, in such case, will take effect January 1, 2027, or on the date of22
the official declaration of the vote thereon by the governor, whichever is23
later.24
(2) This act applies to condemnation proceedings initiated on or25
after the applicable effective date of this act.26
HB26-1278-6-