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-