(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.
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