Page 1 September 12, 2024 HB 24B-1003 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 24B-0005 Rep. Soper; Joseph Sen. Priola; Baisley Date: Bill Status: Fiscal Analyst: September 12, 2024 Signed into Law Louis Pino | 303-866-3556 louis.pino@coleg.gov Bill Topic: BUSINESS PERSONAL PROPERTY TAX EXEMPTIONS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill creates a business personal property tax exemption for personal property in greenhouses, and makes one exemption for qualified agricultural equipment permanent. It increases state and local government expenditures and decreases local government property tax revenue. Appropriation Summary: No appropriation is required. Fiscal Note Status: The final fiscal note reflects the enacted bill. Summary of Legislation The bill makes the personal property tax exemptions for agricultural equipment that is used in any controlled environmental agricultural (CEA) permanent. Under current law, the exemption is set to expire after tax year 2027. In addition, the bill includes personal property within a greenhouse used on a farm or ranch, or in a CEA facility, whether attached to the greenhouse or not, which is used solely for planting or growing crops in a raw or unprocessed state and the sole purpose of growing crops in the greenhouse to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption, as eligible for the agricultural equipment personal property tax exemption. Assumptions Beginning in property tax years 2028, this bill will reduce the amount of property tax revenue to local governments. As of the date of this fiscal note, the number of affected facilities and their associated operating income is unknown. The current classifications of such facilities may vary by county, and would likely be either “commercial” or “all other agricultural” property. Page 2 September 12, 2024 HB 24B-1003 State Expenditures The bill increases workload in the Department of Local Affairs, Division of Property Taxation (DPT) and increases future year expenditures for total program funding for school finance, as discussed below. Division of Property Taxation (DPT). The DPT currently works with the county assessors to update forms and procedures and provide guidance concerning administration of the business personal property tax. Updating manuals and providing guidance to administer the exemptions in the bill can be accomplished within existing resources. School finance. To the extent that the bill reduces property taxes, it will reduce the local share of school funding and require an increase in state aid payments to school districts. Data are unavailable to estimate the magnitude of this effect. The greenhouses portion of the bill first affect 2025 assessments and the FY 2025-26 state expenditure for school finance. Extending the CEA facility exemption first affects FY 2028-29 expenditures. Local Government County assessors. County assessors will be required to monitor annually the existence and use of greenhouse facilities. Some county assessors may require additional staff to accomplish these tasks, particularly in counties where CEA facilities already exist or are forthcoming. Property tax revenue. As stated in the Assumptions section, this fiscal note expects a reduction in local government property taxes. The reduction will depend on the number of qualified greenhouses, and the amount of agricultural equipment and personal property associated with each greenhouse. Effective Date The bill was signed into law by the Governor on September 6, 2024, and takes effect on November 28, 2024, assuming no referendum petition is filed. State and Local Government Contacts Agriculture Counties County Assessors Property Tax Division - Local Affairs Municipalities Special Districts The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit the General Assembly website.