Colorado 2024 2024 1st Special Session

Colorado House Bill HB1003 Engrossed / Bill

Filed 08/28/2024

                    Second Extraordinary Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24B-0005.01 Alison Killen x4350
HOUSE BILL 24B-1003
House Committees Senate Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING PROPERTY TAX RELIEF FOR BUSINESSES , AND, IN101
CONNECTION THEREWITH , EXPANDING AND EXTENDING THE102
EXEMPTION FOR AGRICULTURAL EQUIPMENT AND MACHINERY103
USED IN CONTROLLED AG RICULTURAL FACILITIES	.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 will be available at
http://leg.colorado.gov
.)
The bill clarifies certain definitions and modifies the personal
property tax exemption for agricultural equipment to expand
opportunities for tax relief for certain business personal property.
HOUSE
3rd Reading Unamended
August 28, 2024
HOUSE
Amended 2nd Reading
August 27, 2024
HOUSE SPONSORSHIP
Soper and Joseph, Bacon, Clifford, English, Mauro, McCluskie, McCormick, McLachlan,
Snyder, Titone
SENATE SPONSORSHIP
Priola and Baisley,
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. Section 1 of the bill clarifies that personal property used in direct
connection with the operation of a greenhouse is included in the
definition of agricultural equipment used in a controlled environment
agricultural (CEA) facility and is thus exempt pursuant to the exemption
for such agricultural equipment, which is permanently extended beyond
its current expiration after the 2029 property tax year in section 2.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 39-1-102, amend2
(1.3)(b)(II) and (1.3)(b)(III); and add (1.3)(b)(IV) as follows:3
39-1-102.  Definitions. As used in articles 1 to 13 of this title 39,4
unless the context otherwise requires:5
(1.3)  "Agricultural equipment that is used on the farm or ranch or6
in a CEA facility in the production of agricultural products":7
(b)  Includes:8
(II)  Silviculture personal property that is designed, adapted, and9
used for the planting, growing, maintenance, or harvesting of trees in a10
raw or unprocessed state; and
11
(III)  Any personal property within a facility, whether attached to12
a building or not, that is capable of being removed from the facility, and13
is used in direct connection with the operation of a controlled14
environment agricultural facility, which facility is used solely for15
planting, growing, or harvesting crops in a raw or unprocessed state; 
AND16
(IV)  A
NY PERSONAL PROPERTY WITHIN A GREENHOUSE , WHETHER17
ATTACHED TO THE GREENHOUSE OR NOT , THAT IS CAPABLE OF BEING18
REMOVED FROM THE GREENHOUSE AND IS USED IN DIRECT CONNECTION19
WITH THE OPERATION OF A GREENHOUSE , WHICH GREENHOUSE IS USED20
SOLELY FOR PLANTING OR GROWING CROPS IN A RAW OR UNPROCESSED21
STATE, AND THE SOLE PURPOSE OF GROWING CROPS IN THE GREENHOUSE22
1003-2- IS TO OBTAIN A MONETARY PROFIT FROM THE WHOLESALE OF1
PLANT-BASED FOOD FOR HUMAN OR LIVESTOCK CONSUMPTION .2
SECTION 2. In Colorado Revised Statutes, 39-3-122, amend (2)3
      as follows:4
39-3-122.  Agricultural equipment used in production of5
agricultural products - CEA facilities - exemption - definition. (2)  On6
and after January 1, 2023, but prior to January 1, 2028, agricultural7
equipment that is used in any CEA facility OR GREENHOUSE is exempt8
from the levy and collection of property tax.9
     10
SECTION 3. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2026 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
1003
-3-