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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 was postponed indefinitely by the House Committee on Energy & Environment, meaning it has not passed into law despite earlier status labels suggesting final enrollment; this explanation reflects the text of the introduced bill.

Public Utility Notice Requirements for Real Property Owners

This bill requires public utilities to send written notice and hold a meeting before building new facilities that will use private land.

What This Bill Does

  • Requires utilities to mail certified letters to property owners at least 90 days before construction starts.
  • Mandates that utilities publish a notice in a local newspaper about the planned project.
  • Orders utilities to hold one public meeting between 30 and 60 days after sending the initial notices.
  • Lists specific details that must be included in the written notice, such as contact information, construction dates, and easement numbers.

Who It Names or Affects

  • Public utility companies building or extending facilities
  • Owners of private real property where construction will occur

Terms To Know

Certified mail
A mailing service used to send the required notice letter.
Utility easement
Legal permission for a utility company to use part of private land, which is mentioned in the bill's requirements but not defined by it.

Limits and Unknowns

  • The law only applies to projects that start on or after its effective date.
  • If voters challenge the law with a referendum petition before August 12, 2026, it will not take effect unless approved by voters in November 2026.

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 removes the requirement for public utilities to send advance notice or hold meetings when they are only replacing parts of existing facilities or doing routine maintenance.

  • Removes the words 'OR EXTENSION' from sections that require a utility to give owners at least 90 days of written notice before starting work.
  • Adds a new rule stating utilities do not need to provide notice for projects involving replacement parts or regular upkeep.
  • The amendment text does not define exactly what counts as 'routine maintenance' versus other types of construction, so the specific difference is unclear without more context.
  • The official bill title mentions a requirement to host public meetings, but this amendment only explicitly removes that requirement for replacement and routine work.

Bill History

  1. 2026-03-12 House

    House Committee on Energy & Environment Postpone Indefinitely

  2. 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-