NOTE: The governor signed this measure on 3/27/2014.
      
      
      HOUSE BILL 14-1129
      
      
      BY REPRESENTATIVE(S) Lebsock, Wright, Exum, Fields, Schafer;
      also SENATOR(S) Hodge, Nicholson.
      
      
      Concerning the submission by a state agency to a local
           government of information related to an application to the
           local government to approve a major utility facility.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 29-20-108, amend (2)
      as follows:
      
           29-20-108.  Local government regulation - location,
      construction, or improvement of major electrical or natural gas
      facilities - legislative declaration. (2)  Local government land use
      regulations shall must require final local government action on any
      application of a public utility or a power authority providing electric or
      natural gas service that relates to the location, construction, or improvement
      of major electrical or natural gas facilities within one hundred twenty days
      after the utility's or authority's submission of a preliminary application, if
      a preliminary application is required by the local government's land use
      regulations, or within ninety days after submission of a final application.
      If the local government does not take final action within such time, the
      application shall be is deemed approved. Within twenty-eight days of the
      submission by a utility or authority of an application pursuant to this
      subsection (2), the local government shall notify the utility or authority of
      any additional information that must be supplied by the utility or authority
      to complete the application. The notice shall must specify the particular
      provisions of the local government's land use regulations that necessitate
      submission of the required information. The one hundred twenty- or
      ninety-day period, as applicable, during which the local government is to
      take action on an application shall commence commences on the date that
      the utility or authority provides the requested information to the local
      government in response to the notice required by this subsection (2). If the
      local government does not notify the utility or authority within twenty-eight
      days that additional information is required to complete the application, the
      one hundred twenty- or ninety-day period, as applicable, shall commence
      commences on the date of the submission by the utility or authority of its
      application, and any request by a local government for additional
      information after the completion of the twenty-eight-day period shall does
      not extend the applicable deadline for final local government action in
      accordance with the requirements of this subsection (2). A local
      government may request additional information from a state
      agency, and the state agency shall submit the additional
      information within the initial twenty-eight-day period if the
      request is made within a reasonable amount of time. In no event
      shall a request for additional information, or a failure by a
      state agency to provide the additional information requested,
      extend any deadline for local government action or notification
      as set forth in this section. Nothing in this subsection (2) shall be
      construed to supersede any timeline set by agreement between a local
      government and a utility or authority applying for local government
      approval of location, construction, or improvement of major electrical or
      natural gas facilities as defined in subsection (3) of this section.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      6, 2014, if adjournment sine die is on May 7, 2014); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2014
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                        Morgan Carroll
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO