HB26-1279 • 2026

Public Utility Notice to Real Property Owner

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 priv

Passed Legislature

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

Sponsor: Rep. S. Luck
Last action: 2026-03-12
Official status: House Committee on Energy & Environment Postpone Indefinitely
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details on what information must be included in the notices, only that such notice is required. This detail has been removed from the explanation to adhere strictly to the provided sources.

Public Utility Notice Requirements

This bill requires public utilities to notify property owners and publish notices in local newspapers at least 90 days before beginning construction or extension projects that will affect private real property, and to host an in-person meeting within 30 to 60 days after sending out the initial notices.

What This Bill Does

Requires public utilities to send a certified mail notice at least 90 days before beginning any new construction or extension project that will affect private real property.
Requires public utilities to publish notice in a newspaper of general circulation in the area where the affected property is located, at least 90 days before beginning any new construction or extension project.
Requires public utilities to host an in-person meeting within 30 to 60 days after sending out the initial notices.

Who It Names or Affects

Owners of private real property where construction or extension projects will take place.
Public utilities that plan to construct or extend facilities, lines, plants, or systems on private land.

Terms To Know

Sufficient Notice: A letter sent by certified mail and a publication in a newspaper of general circulation containing specific information about the construction project.

Limits and Unknowns

The bill's effectiveness is contingent upon no referendum petition being filed against it within 90 days of its passage.
It applies only to projects that start on or after the effective date, which could be delayed if a referendum occurs.

Amendments

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

L.001

HOU Energy & Environment

Passed [*]

Plain English: The amendment removes the requirement for public utilities to notify property owners about extensions of existing facilities and exempts certain routine maintenance activities from needing public notice or meetings.

Removes the need for public utilities to give notice about extending existing facilities.
Adds a new section that excludes routine maintenance and replacement projects from requiring public notice or meetings.

The amendment text does not specify what constitutes 'routine maintenance,' which could lead to ambiguity in its application.

Bill History

2026-03-12 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 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 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.
(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. 26-0784.01 Clare Haffner x6137 HOUSE BILL 26-1279
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
CONCERNING REQUIRING A PUBLIC UTILITY TO PROVIDE WRITTEN101
NOTICE TO AN OWNER OF REAL PROPERTY BEFORE BEGINNING102
A PROJECT THAT WILL REQUIRE THE USE OF THE REAL103
PROPERTY.104
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 w ill be av ailable 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
HOUSE SPONSORSHIP
Luck,
SENATE SPONSORSHIP
(None),
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:1
SECTION 1. In Colorado Revised Statutes, 40-5-101, add (5) as2
follows:3
40-5-101. New construction - extension - compliance with local4
zoning rules - landowner notice - definitions.5
(5) (a) A T LEAST NINETY DAYS BEFORE BEGINNING THE6
CONSTRUCTION OR EXTENSION OF A NEW FACILITY , LINE , PLANT , OR7
SYSTEM, WHICH CONSTRUCTION OR EXTENSION WILL REQUIRE THE USE OF8
PRIVATE REAL PROPERTY, A PUBLIC UTILITY SHALL PROVIDE SUFFICIENT9
NOTICE TO EACH OWNER OF THE REAL PROPERTY THAT WILL BE USED ,10
REGARDLESS OF WHETHER THE REAL PROPERTY IS SUBJECT TO A UTILITY11
EASEMENT.12
(b) A T LEAST THIRTY DAYS AFTER , BUT NO LATER THAN SIXTY13
DAYS AFTER , PROVIDING SUFFICIENT NOTICE IN ACCORDANCE WITH14
SUBSECTION (5)(a) OF THIS SECTION , A PUBLIC UTILITY SHALL HOST AT15
LEAST ONE IN -PERSON PUBLIC MEETING IN THE COUNTY WHERE THE16
CONSTRUCTION OR EXTENSION WILL OCCUR.17
(c) AS USED IN THIS SUBSECTION (5), "SUFFICIENT NOTICE" MEANS18
A LETTER SENT BY CERTIFIED MAIL FROM OR ON BEHALF OF A PUBLIC19
UTILITY TO AN OWNER OF REAL PROPERTY AND PUBLICATION IN A20
NEWSPAPER OF GENERAL CIRCULATION WITHIN THE AREA OF THE REAL21
PROPERTY, WHICH LETTER AND PUBLICATION MUST INCLUDE:22
HB26-1279-2-
(I) THE NAME, ADDRESS, TELEPHONE NUMBER, AND NAMED POINT1
OF CONTACT FOR THE PUBLIC UTILITY;2
(II) THE REAL PROPERTY ADDRESS;3
(III) T HE RECORDING NUMBER OF ANY UTILITY EASEMENT OR4
RECORDED MEMORANDUM OF ANY UTILITY EASEMENT;5
(IV) A GENERAL DESCRIPTION OF ANY EXISTING PUBLIC UTILITY6
SERVICE INFRASTRUCTURE ALREADY LOCATED IN A RELE VANT UTILITY7
EASEMENT AND THE APPROXIMATE LOCATION OF THE UTILITY EASEMENT;8
(V) A CITATION TO THIS SECTION;9
(VI) AN ESTIMATED TIME FOR THE START OF CONSTRUCTION;10
(VII) A NOTICE THAT INTERESTED PERSONS MAY SUBMIT WRITTEN11
COMMENTS TO THE PUBLIC UTILITY AT ANY TIME BEFORE THE START OF12
CONSTRUCTION; AND13
(VIII) THE DATE, TIME, AND LOCATION FOR THE PUBLIC MEETING14
HOSTED BY THE PUBLIC UTILITY PURSUANT SUBSECTION (5)(b) OF THIS15
SECTION.16
SECTION 2. Act subject to petition - effective date -17
applicability. (1) This act takes effect at 12:01 a.m. on the day following18
the expiration of the ninety-day period after final adjournment of the19
general assembly (August 12, 2026, if adjournment sine die is on May 13,20
2026); except that, if a referendum petition is filed pursuant to section 121
(3) of article V of the state constitution against this act or an item, section,22
or part of this act within such period, then the act, item, section, or part23
will not take effect unless approved by the people at the general election24
to be held in November 2026 and, in such case, will take effect on the25
date of the official declaration of the vote thereon by the governor.26
HB26-1279-3-
(2) This act applies to public utility construction or extension1
projects commenced on or after the applicable effective date of this act.2
HB26-1279-4-