As used in this article 45, unless the context otherwise requires:
(1) Commission means the public utilities commission of the state of Colorado.
(2) District means a special district, local improvement district, school district, or other political subdivision of the state.
(3) Local government means a home rule or statutory municipality, county, or city and county.
(4) Local improvement district has the meaning set forth in section 32-7-103 (7).
(5) Powerline trail means a multimodal trail that is:
(a) Eight feet in width or wider;
(b) Made of hard surface such as concrete or compacted gravel;
(c) Used for recreational purposes or commuting in a manner that does not involve a motor vehicle; and
(d) Located in an existing or future transmission corridor.
(6) Public entity means the state, a local government, or a district.
(7) (a) Recreational purpose includes walking, running, bicycling, class 1 or class 2 electrical assisted bicycling, equestrian activities, use of electric scooters, cross-country skiing, or other similar uses.
(b) Recreational purpose does not include the use of a motor vehicle or other self-propelled vehicle that is not an electrical assisted bicycle, electric scooter, low-power scooter, or motorized wheelchair, as those terms are defined in section 42-1-102.
(8) School district has the meaning set forth in section 22-11-103 (29).
(9) Special district has the meaning set forth in section 32-1-103 (20).
(10) Transmission corridor means a tract of land owned, occupied, or leased by a transmission provider, or covered by an easement or right-of-way held by a transmission provider, where an electric transmission line is constructed, operated, or maintained at a voltage of sixty-nine thousand volts or above.
(11) (a) Transmission provider means:
(I) A transmission utility, as defined in section 40-5-108 (1)(b); or
(II) The Colorado electric transmission authority created in section 40-42-103 (1).
(b) Transmission provider does not include a municipally owned utility, a power authority established pursuant to section 29-1-204 (1), or a cooperative electric association, as defined in section 40-9.5-102 (1), that has voted to exempt itself from the Public Utilities Law, articles 1 to 7 of title 40, pursuant to section 40-9.5-103.
Source: L. 2022: Entire article added, (HB 22-1104), ch. 97, p. 462, � 2, effective April 13.
33-45-103. Powerline trails - written contracts - informational resources - coordination with division of parks and wildlife. (1) A transmission provider, as the owner, occupant, or lessee of a transmission corridor or the holder of an easement or right-of-way covering a transmission corridor, may enter into a written contract with a public entity or private landowner to construct and maintain a powerline trail covering all or some of the transmission corridor.
(2) Beginning no later than May 1, 2023, all transmission providers shall develop, maintain, and distribute informational resources to encourage, facilitate, and streamline the construction of new powerline trails in transmission corridors that are suitable for the construction and maintenance of a powerline trail. Such informational resources, at a minimum, must:
(a) Include the following:
(I) Design best practices;
(II) Safety requirements; and
(III) Examples of at least four powerline trails in the state;
(b) Be publicly available on the transmission provider's website;
(c) To the extent possible, be consistent with other resources from transmission providers in the state;
(d) Be reviewed and revised periodically by the transmission provider; and
(e) Be provided to local governments pursuant to section 29-20-108 (6).
(3) In the design and construction of a powerline trail, a public entity shall consult and coordinate with the division of parks and wildlife to minimize adverse impacts to:
(a) State and federally listed species; and
(b) Species and habitats of conservation concern.
(4) Prior to constructing a powerline trail in an area of significant rural character, a public entity shall consider any issues unique to the area, including issues related to:
(a) Grazing;
(b) Wildlife impacts not addressed under subsection (3) of this section; and
(c) The potential liability of public or private landowners adjacent to or inclusive of a transmission corridor.
(5) Notwithstanding any law to the contrary, nothing in this section:
(a) Limits the protections provided to a landowner under section 13-21-115 and article 41 of this title 33;
(b) Limits the protections provided to a public entity under the Colorado Governmental Immunity Act, article 10 of title 24;
(c) Requires a transmission provider to allow a powerline trail or any other facility on its transmission corridor;
(d) Requires a public or private landowner whose property is adjacent to or inclusive of a transmission corridor to allow public access to any portion of the landowner's property;
(e) Modifies existing processes related to permits for use of public land for grazing or other uses;
(f) Limits the protections provided to transmission providers under section 29-7.5-105; and
(g) Relieves any person from any obligation that person may otherwise have in the absence of this section to exercise care in the use of a powerline trail or from the legal consequences of the failure to exercise such care.
Source: L. 2022: Entire article added, (HB 22-1104), ch. 97, p. 463, � 2, effective April 13.
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