10 | | - | ONCERNING COMMUNITY REVITALIZATION INCENTIVES FOR THE SUPPORT |
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11 | | - | OF CREATIVE INDUSTRIES |
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12 | | - | , AND, IN CONNECTION THEREWITH , |
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13 | | - | EXTENDING THE COMMUNITY GRANT REVITALIZATION PROGRAM , |
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14 | | - | CREATING AN INCOME TAX CREDIT FOR EXPENSES INCURRED IN |
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15 | | - | COMPLETING INFRASTRUCTURE THAT SUPPORTS CREATIVE |
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16 | | - | INDUSTRIES AND CREATIVE INDUSTRY WORKERS |
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17 | | - | , AND MAKING AN |
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18 | | - | APPROPRIATION |
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19 | | - | . |
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20 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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| 15 | + | ONCERNING COMMUNITY REVITALI ZATION INCENTIVES FOR THE101 |
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| 16 | + | SUPPORT OF CREATIVE INDUSTRIES , AND, IN CONNECTION102 |
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| 17 | + | THEREWITH , EXTENDING THE COMMUNITY GRANT103 |
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| 18 | + | REVITALIZATION |
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| 19 | + | PROGRAM, CREATING AN INCOME TAX CREDIT104 |
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| 20 | + | FOR EXPENSES INCURRED IN COMPLETING INFRASTRUCTURE105 |
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| 21 | + | THAT SUPPORTS CREATIVE INDUSTRIES AND CREATIVE INDUSTRY106 |
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| 22 | + | WORKERS, AND MAKING AN APPROPRIATION .107 |
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| 23 | + | Bill Summary |
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| 24 | + | (Note: This summary applies to this bill as introduced and does |
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| 25 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 26 | + | passes third reading in the house of introduction, a bill summary that |
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| 27 | + | applies to the reengrossed version of this bill will be available at |
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| 28 | + | http://leg.colorado.gov |
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| 29 | + | .) |
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| 30 | + | SENATE |
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| 31 | + | 3rd Reading Unamended |
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| 32 | + | May 7, 2024 |
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| 33 | + | SENATE |
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| 34 | + | Amended 2nd Reading |
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| 35 | + | May 6, 2024 |
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| 36 | + | HOUSE |
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| 37 | + | 3rd Reading Unamended |
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| 38 | + | April 26, 2024 |
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| 39 | + | HOUSE |
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| 40 | + | Amended 2nd Reading |
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| 41 | + | April 25, 2024 |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | Titone and Herod, Amabile, Bacon, Bird, Boesenecker, Duran, English, Froelich, Hamrick, |
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| 44 | + | Hernandez, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mabrey, McCluskie, |
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| 45 | + | McCormick, McLachlan, Ortiz, Ricks, Sirota, Snyder, Valdez, Velasco, Willford, Woodrow |
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| 46 | + | SENATE SPONSORSHIP |
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| 47 | + | Fenberg and Coleman, Bridges, Buckner, Cutter, Gonzales, Jaquez Lewis, Michaelson |
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| 48 | + | Jenet, Priola, Sullivan |
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| 49 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 50 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 51 | + | Dashes through the words or numbers indicate deletions from existing law. Section 1 of the bill modifies the community revitalization grant |
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| 52 | + | program (grant program) by: |
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| 53 | + | ! Including projects that are eligible for funding under the |
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| 54 | + | space to create program administered by the creative |
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| 55 | + | industries division (division) within the office of economic |
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| 56 | + | development (office) as projects intended to be supported |
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| 57 | + | by the grant program; |
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| 58 | + | ! Extending deadlines for the adoption of policies, |
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| 59 | + | procedures, and guidelines for the grant program and for |
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| 60 | + | grant program reporting; and |
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| 61 | + | ! Extending the scheduled repeal of the grant program from |
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| 62 | + | January 1, 2025, to the date on which all money transferred |
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| 63 | + | or otherwise credited to the community revitalization fund |
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| 64 | + | pursuant to this section is expended. |
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| 65 | + | Section 2 creates a new community revitalization income tax |
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| 66 | + | credit (credit), for income tax years commencing on or after January 1, |
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| 67 | + | 2026, but before January 1, 2033, in an amount equal to 25% of the |
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| 68 | + | amount of eligible expenditures made by a qualified applicant in |
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| 69 | + | completing an eligible project; except that the office may reduce the |
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| 70 | + | credit percentage for reservations for credits made in any income tax year, |
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| 71 | + | and the maximum amount of the credit for a single project is $3 million. |
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| 72 | + | In addition, the maximum amount of credits that may be reserved during |
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| 73 | + | any calendar year is $16 million. An eligible project is a capital |
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| 74 | + | improvement project within a creative district, a historic district, or a |
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| 75 | + | neighborhood commercial center or a main street that involves the |
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| 76 | + | construction, rehabilitation, conversion, remodeling, or other |
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| 77 | + | improvement of one or more buildings, structures, or facilities for uses |
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| 78 | + | that support creative industries and creative industry workers and that is |
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| 79 | + | approved as an eligible project by the office. |
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| 80 | + | The bill details a process for claiming the credit that requires: |
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| 81 | + | ! The submission by a qualified applicant to the office of an |
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| 82 | + | eligible project plan that includes an estimate of eligible |
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| 83 | + | expenditures; |
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| 84 | + | ! Preliminary and final review and approval of the plan by |
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| 85 | + | the office; |
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| 86 | + | ! Reservation of a credit for the qualified applicant by the |
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| 87 | + | office; |
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| 88 | + | ! Commencement of the eligible project incurrence by the |
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| 89 | + | qualified applicant of a specified minimum portion of the |
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| 90 | + | eligible expenditures within a specified period; |
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| 91 | + | ! Completion of the eligible project; |
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| 92 | + | ! Issuance of a tax credit certificate by the office; |
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| 93 | + | ! Filing of the tax credit certificate by the qualified applicant |
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| 94 | + | with the department of revenue with the qualified |
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| 95 | + | 1295 |
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| 96 | + | -2- applicant's tax return or informational return; and |
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| 97 | + | ! Recapture of the credit if the eligible project is not used for |
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| 98 | + | a use that makes it an eligible project during a specified |
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| 99 | + | compliance period. |
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| 100 | + | The office is required to annually report to the general assembly |
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| 101 | + | regarding the credit and may, after soliciting advice from the department |
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| 102 | + | of revenue, create and modify policies and procedures as necessary to |
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| 103 | + | implement the credit. |
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| 104 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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22 | | - | (1)(a) as follows: |
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23 | | - | 23-15-102. Legislative declaration. (1) The general assembly |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. hereby finds and declares that: |
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32 | | - | (a) It is the intent of the general assembly to create the Colorado |
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33 | | - | educational and cultural facilities authority to lend money to educational |
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34 | | - | institutions and cultural institutions; to authorize the authority to acquire, |
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35 | | - | construct, reconstruct, repair, alter, improve, extend, own, lease, and |
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36 | | - | dispose of properties to the end that the authority may be able to promote |
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37 | | - | the welfare of the people of this state; to authorize the authority to |
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38 | | - | administer the Colorado education savings program; to permit the bonds or |
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39 | | - | certificates of participation of the authority and the bonds or certificates of |
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40 | | - | participation of other issuers to be designated as Colorado education |
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41 | | - | savings bonds or certificates; and to vest such authority with powers to |
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42 | | - | enable such authority to accomplish such purposes; It is not the intent of the |
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43 | | - | general assembly to authorize the authority to operate any such educational |
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44 | | - | or cultural facility. |
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45 | | - | SECTION 2. In Colorado Revised Statutes, 23-15-103, amend |
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46 | | - | (8.5)(a)(I)(A) and (8.5)(a)(II)(A) as follows: |
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47 | | - | 23-15-103. Definitions. As used in this article, unless the context |
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48 | | - | otherwise requires: |
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49 | | - | (8.5) (a) (I) (A) "Facility", in the case of a participating educational |
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50 | | - | institution, means any structure or building suitable for use as a housing |
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51 | | - | facility, an instructional facility, an administration building, a research |
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52 | | - | facility, a laboratory, a maintenance, storage, or utility facility, an |
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53 | | - | auditorium, a dining hall, a food service and preparation facility, a mental |
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54 | | - | or physical health-care facility, a recreational facility, |
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55 | | - | A HOTEL, or a student |
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56 | | - | center facility or any other structure or facility required or useful for the |
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57 | | - | operation of an educational institution, including, but not limited to: |
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| 106 | + | 2 |
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| 107 | + | (1)(a) as follows:3 |
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| 108 | + | 23-15-102. Legislative declaration. (1) The general assembly4 |
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| 109 | + | hereby finds and declares that:5 |
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| 110 | + | (a) It is the intent of the general assembly to create the Colorado6 |
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| 111 | + | educational and cultural facilities authority to lend money to educational7 |
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| 112 | + | institutions and cultural institutions; to authorize the authority to acquire,8 |
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| 113 | + | construct, reconstruct, repair, alter, improve, extend, own, lease, and9 |
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| 114 | + | dispose of properties to the end that the authority may be able to promote10 |
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| 115 | + | the welfare of the people of this state; to authorize the authority to11 |
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| 116 | + | administer the Colorado education savings program; to permit the bonds12 |
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| 117 | + | or certificates of participation of the authority and the bonds or13 |
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| 118 | + | certificates of participation of other issuers to be designated as Colorado14 |
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| 119 | + | education savings bonds or certificates; and to vest such authority with15 |
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| 120 | + | powers to enable such authority to accomplish such purposes; It is not the16 |
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| 121 | + | intent of the general assembly to authorize the authority to operate any17 |
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| 122 | + | such educational or cultural facility.18 |
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| 123 | + | SECTION 2. In Colorado Revised Statutes, 23-15-103, amend19 |
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| 124 | + | (8.5)(a)(I)(A) and (8.5)(a)(II)(A) as follows:20 |
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| 125 | + | 23-15-103. Definitions. As used in this article, unless the context21 |
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| 126 | + | 1295-3- otherwise requires:1 |
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| 127 | + | (8.5) (a) (I) (A) "Facility", in the case of a participating2 |
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| 128 | + | educational institution, means any structure or building suitable for use3 |
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| 129 | + | as a housing facility, an instructional facility, an administration building,4 |
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| 130 | + | a research facility, a laboratory, a maintenance, storage, or utility facility,5 |
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| 131 | + | an auditorium, a dining hall, a food service and preparation facility, a6 |
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| 132 | + | mental or physical health-care facility, a recreational facility, |
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| 133 | + | A HOTEL, or |
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| 134 | + | 7 |
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| 135 | + | a student center facility or any other structure or facility required or useful8 |
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| 136 | + | for the operation of an educational institution, including, but not limited9 |
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| 137 | + | to: Offices, parking lots and garages, |
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| 138 | + | EATING OR DRINKING |
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| 139 | + | 10 |
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| 140 | + | ESTABLISHMENTS, GIFT SHOPS, LODGING, and other supporting service11 |
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| 141 | + | structures; any equipment, furnishings, and appurtenances necessary or12 |
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| 142 | + | useful in the operation of a participating educational institution; and the13 |
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| 143 | + | acquisition, preparation, and development of all real and personal14 |
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| 144 | + | property necessary or convenient as a site or sites for any such structure15 |
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| 145 | + | or facility.16 |
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| 146 | + | (II) (A) "Facility", in the case of a cultural institution, means any17 |
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| 147 | + | property that is suitable for the particular purposes of a cultural18 |
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| 148 | + | institution, including, without limitation, any such property suitable for19 |
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| 149 | + | use as or in connection with the operation of any one or more of the20 |
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| 150 | + | following: An administrative facility, an aquarium, an assembly hall, an21 |
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| 151 | + | auditorium, a botanical garden, an exhibition or performance hall or22 |
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| 152 | + | structure, a gallery, a greenhouse, a library, a museum, a scientific23 |
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| 153 | + | laboratory, |
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| 154 | + | A FILM CENTER, A HOTEL, a housing facility that serves the |
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| 155 | + | 24 |
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| 156 | + | cultural needs of its residents and is being financed as part of a multistate25 |
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| 157 | + | program of financing educational or cultural facilities under this article,26 |
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| 158 | + | a theater, or a zoological facility; and also including, without limitation,27 |
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| 159 | + | 1295 |
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| 160 | + | -4- the books, works of art or music, and the animal, plant, or aquatic life or1 |
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| 161 | + | other items contained therein for display, exhibition, or performance. The2 |
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| 162 | + | term "facility" includes any other structure or facility required or useful3 |
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| 163 | + | for the operation of a cultural institution including, but not limited to,4 |
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60 | | - | GIFT SHOPS, LODGING, and other supporting service structures; any |
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61 | | - | equipment, furnishings, and appurtenances necessary or useful in the |
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62 | | - | operation of a participating educational institution; and the acquisition, |
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63 | | - | preparation, and development of all real and personal property necessary or |
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64 | | - | convenient as a site or sites for any such structure or facility. |
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65 | | - | (II) (A) "Facility", in the case of a cultural institution, means any |
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66 | | - | property that is suitable for the particular purposes of a cultural institution, |
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67 | | - | including, without limitation, any such property suitable for use as or in |
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68 | | - | PAGE 2-HOUSE BILL 24-1295 connection with the operation of any one or more of the following: An |
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69 | | - | administrative facility, an aquarium, an assembly hall, an auditorium, a |
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70 | | - | botanical garden, an exhibition or performance hall or structure, a gallery, |
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71 | | - | a greenhouse, a library, a museum, a scientific laboratory, |
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72 | | - | A FILM CENTER, |
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73 | | - | A HOTEL, a housing facility that serves the cultural needs of its residents and |
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74 | | - | is being financed as part of a multistate program of financing educational |
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75 | | - | or cultural facilities under this article, a theater, or a zoological facility; and |
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76 | | - | also including, without limitation, the books, works of art or music, and the |
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77 | | - | animal, plant, or aquatic life or other items contained therein for display, |
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78 | | - | exhibition, or performance. The term "facility" includes any other structure |
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79 | | - | or facility required or useful for the operation of a cultural institution |
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80 | | - | including, but not limited to, offices, parking lots and garages, |
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81 | | - | EATING OR |
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82 | | - | DRINKING ESTABLISHMENTS |
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83 | | - | , GIFT SHOPS, LODGING, and other supporting |
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84 | | - | service structures; any equipment, furnishings, and appurtenances necessary |
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85 | | - | or useful in the operation of a cultural institution; and the acquisition, |
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86 | | - | preparation, and development of all real and personal property necessary or |
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87 | | - | convenient as a site or sites for any such structure or facility. The term |
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88 | | - | "facility" also includes buildings on the national register of historic places |
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89 | | - | which are owned and |
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90 | | - | OR operated by nonprofit OR GOVERNMENTAL entities, |
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91 | | - | INCLUDING THE AUTHORITY. |
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92 | | - | SECTION 3. In Colorado Revised Statutes, 23-15-107, amend (1) |
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93 | | - | introductory portion, (1)(v), and (2); and add (1)(w) as follows: |
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94 | | - | 23-15-107. General powers of the authority. (1) In addition to |
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95 | | - | any other powers granted to the authority by this article 15, the authority |
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96 | | - | shall have |
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97 | | - | HAS the following powers: |
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98 | | - | (v) To designate as Colorado education savings bonds or certificates |
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99 | | - | the bonds or certificates of participation of issuers other than the authority |
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100 | | - | if the issuer has applied for such designation and the authority has |
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101 | | - | determined that such instruments satisfy the criteria established in section |
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102 | | - | 23-15-110.5 (2); |
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| 166 | + | 5 |
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| 167 | + | GIFT SHOPS, LODGING, and other supporting service structures; any6 |
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| 168 | + | equipment, furnishings, and appurtenances necessary or useful in the7 |
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| 169 | + | operation of a cultural institution; and the acquisition, preparation, and8 |
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| 170 | + | development of all real and personal property necessary or convenient as9 |
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| 171 | + | a site or sites for any such structure or facility. The term "facility" also10 |
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| 172 | + | includes buildings on the national register of historic places which are11 |
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| 173 | + | owned and OR operated by nonprofit OR GOVERNMENTAL entities,12 |
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| 174 | + | INCLUDING THE AUTHORITY.13 |
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| 175 | + | SECTION 3. In Colorado Revised Statutes, 23-15-107, amend14 |
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| 176 | + | (1) introductory portion, (1)(v), and (2); and add (1)(w) as follows:15 |
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| 177 | + | 23-15-107. General powers of the authority. (1) In addition to16 |
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| 178 | + | any other powers granted to the authority by this article 15, the authority17 |
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| 179 | + | shall have HAS the following powers:18 |
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| 180 | + | (v) To designate as Colorado education savings bonds or19 |
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| 181 | + | certificates the bonds or certificates of participation of issuers other than20 |
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| 182 | + | the authority if the issuer has applied for such designation and the21 |
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| 183 | + | authority has determined that such instruments satisfy the criteria22 |
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| 184 | + | established in section 23-15-110.5 (2); |
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148 | | - | REQUIRED TO PAY ITS EXPENSES AND OBLIGATIONS AND TO FUND RESERVES |
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149 | | - | FOR SUCH EXPENSES AND OBLIGATIONS AND |
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150 | | - | , UPON DISSOLUTION OF THE |
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151 | | - | CONTROLLED ENTITY |
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152 | | - | , ANY ASSETS OF THE CONTROLLED ENTITY NOT |
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153 | | - | REQUIRED TO PAY ITS EXPENSES AND OBLIGATIONS MUST BE DISTRIBUTED TO |
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154 | | - | OR AT THE DIRECTION OF THE AUTHORITY AND SHALL NOT BE USED FOR OR |
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155 | | - | ACCRUE TO THE BENEFIT OF ANY PRIVATE INTERESTS |
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156 | | - | ; AND |
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157 | | - | (d) THE AUTHORITY MAY LOAN PROCEEDS FROM BONDS ISSUED BY |
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158 | | - | THE AUTHORITY TO THE CONTROLLED ENTITY |
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159 | | - | . |
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160 | | - | SECTION 4. In Colorado Revised Statutes, 24-48.5-317, amend |
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161 | | - | (2)(a)(V), (2)(a)(VI), (4) introductory portion, (8)(a), and (9); repeal (2)(b); |
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162 | | - | and add (2)(a)(VII) as follows: |
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163 | | - | 24-48.5-317. Community revitalization grants - fund - reporting |
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164 | | - | - compliance with federal requirements - legislative declaration - |
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165 | | - | PAGE 4-HOUSE BILL 24-1295 definitions - repeal. (2) (a) The community revitalization grant program |
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166 | | - | is hereby established in the division. The purpose of the grant program is to |
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167 | | - | provide state assistance in the form of grant awards to finance various |
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168 | | - | projects across the state that are intended to create or revitalize mixed-use |
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169 | | - | commercial centers. The grant program is intended to support creative |
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170 | | - | projects in these commercial centers that would combine revitalized or |
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171 | | - | newly constructed commercial spaces with public or community spaces |
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172 | | - | including but not limited to such projects as: |
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173 | | - | (V) The renovation or refurbishment of vacant or blighted property |
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174 | | - | for creative industries, economic development, or historic preservation |
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175 | | - | purposes; and |
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176 | | - | (VI) Child care centers; AND |
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177 | | - | (VII) PROJECTS THAT ARE ELIGIBLE FOR FUNDING UNDER THE SPACE |
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178 | | - | TO CREATE |
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179 | | - | COLORADO PROGRAM ADMINISTERED BY THE DIVISION . |
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180 | | - | (b) All grants awarded under this section must be encumbered notlater than December 31, 2022. |
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181 | | - | (4) On or before September 1, 2021, DECEMBER 1, 2024, the |
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182 | | - | director of the division, in consultation with the director of the division of |
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183 | | - | local government, or their designees, shall adopt policies, procedures, and |
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184 | | - | guidelines for the grant program that include without limitation: |
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185 | | - | (8) (a) On or before November 1, 2022 |
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186 | | - | NOVEMBER 1, 2024, and on |
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187 | | - | or before November 1, 2023 NOVEMBER 1, 2026, the division shall publish |
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188 | | - | a report summarizing the use of all of the money that was awarded as grants |
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189 | | - | under the grant program in the preceding fiscal year. At a minimum, the |
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190 | | - | report shall specify the amount of grant money distributed to each grant |
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191 | | - | recipient and a description of each grant recipient's use of the grant money. |
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192 | | - | The report must be posted on the website of the office of economic |
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193 | | - | development created in section 24-48.5-101. |
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194 | | - | (9) This section is |
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195 | | - | WILL BE repealed effective January 1, 2025 IF ALL |
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196 | | - | MONEY TRANSFERRED OR OTHERWISE CREDITED TO THE COMMUNITY |
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197 | | - | REVITALIZATION FUND PURSUANT TO THIS SECTION IS EXPENDED |
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198 | | - | . THE |
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199 | | - | DIRECTOR OF THE DIVISION SHALL NOTIFY THE REVISOR OF STATUTES IN |
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200 | | - | WRITING OF THE DATE WHEN THE CONDITION SPECIFIED IN THIS SUBSECTION |
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201 | | - | PAGE 5-HOUSE BILL 24-1295 (9) HAS OCCURRED BY E -MAILING THE NOTICE TO |
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202 | | - | REVISOROFSTATUTES |
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203 | | - | .GA@COLEG.GOV. THIS SECTION IS REPEALED , |
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204 | | - | EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT ALL MONEY |
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205 | | - | TRANSFERRED OR OTHERWISE CREDITED TO THE COMMUNITY |
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206 | | - | REVITALIZATION FUND PURSUANT TO THIS SECTION IS EXPENDED |
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207 | | - | , OR, IF THE |
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208 | | - | NOTICE DOES NOT SPECIFY THAT DATE |
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209 | | - | , UPON THE DATE OF THE NOTICE TO |
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210 | | - | THE REVISOR OF STATUTES |
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211 | | - | . |
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212 | | - | SECTION 5. In Colorado Revised Statutes, 24-75-402, amend |
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213 | | - | (5)(ccc) and (5)(ddd); and add (5)(kkk) as follows: |
---|
214 | | - | 24-75-402. Cash funds - limit on uncommitted reserves - |
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215 | | - | reduction in the amount of fees - exclusions - definitions. |
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216 | | - | (5) Notwithstanding any provision of this section to the contrary, the |
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217 | | - | following cash funds are excluded from the limitations specified in this |
---|
218 | | - | section: |
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219 | | - | (ccc) The wildfire resiliency code board cash fund created in section |
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220 | | - | 24-33.5-1236 (8); and |
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221 | | - | (ddd) The closed landfill remediation grant program fund created in |
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222 | | - | section 30-20-124 (8); |
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223 | | - | AND |
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224 | | - | (kkk) THE COMMUNITY REVITALIZATION TAX CREDIT PROGRAM CASH |
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225 | | - | FUND CREATED IN SECTION |
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226 | | - | 39-22-569 (13). |
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227 | | - | SECTION 6. In Colorado Revised Statutes, add 39-22-569 as |
---|
228 | | - | follows: |
---|
229 | | - | 39-22-569. Community revitalization tax credit - community |
---|
230 | | - | revitalization tax credit program cash fund - tax preference |
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231 | | - | performance statement - legislative declaration - definitions - repeal. |
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| 223 | + | 22 |
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| 224 | + | REQUIRED TO PAY ITS EXPENSES AND OBLIGATIONS AND TO FUND23 |
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| 225 | + | RESERVES FOR SUCH EXPENSES AND OBLIGATIONS AND , UPON DISSOLUTION24 |
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| 226 | + | OF THE CONTROLLED ENTITY, ANY ASSETS OF THE CONTROLLED ENTITY25 |
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| 227 | + | NOT REQUIRED TO PAY ITS EXPENSES AND OBLIGATIONS MUST BE26 |
---|
| 228 | + | DISTRIBUTED TO OR AT THE DIRECTION OF THE AUTHORITY AND SHALL NOT27 |
---|
| 229 | + | 1295 |
---|
| 230 | + | -6- BE USED FOR OR ACCRUE TO THE BENEFIT OF ANY PRIVATE INTERESTS ; AND1 |
---|
| 231 | + | (d) T |
---|
| 232 | + | HE AUTHORITY MAY LOAN PROCEEDS FROM BONDS ISSUED BY |
---|
| 233 | + | 2 |
---|
| 234 | + | THE AUTHORITY TO THE CONTROLLED ENTITY .3 |
---|
| 235 | + | SECTION 4. In Colorado Revised Statutes, 24-48.5-317, amend4 |
---|
| 236 | + | (2)(a)(V), (2)(a)(VI), (4) introductory portion, (8)(a), and (9); repeal5 |
---|
| 237 | + | (2)(b); and add (2)(a)(VII) as follows:6 |
---|
| 238 | + | 24-48.5-317. Community revitalization grants - fund -7 |
---|
| 239 | + | reporting - compliance with federal requirements - legislative8 |
---|
| 240 | + | declaration - definitions - repeal. (2) (a) The community revitalization9 |
---|
| 241 | + | grant program is hereby established in the division. The purpose of the10 |
---|
| 242 | + | grant program is to provide state assistance in the form of grant awards11 |
---|
| 243 | + | to finance various projects across the state that are intended to create or12 |
---|
| 244 | + | revitalize mixed-use commercial centers. The grant program is intended13 |
---|
| 245 | + | to support creative projects in these commercial centers that would14 |
---|
| 246 | + | combine revitalized or newly constructed commercial spaces with public15 |
---|
| 247 | + | or community spaces including but not limited to such projects as:16 |
---|
| 248 | + | (V) The renovation or refurbishment of vacant or blighted17 |
---|
| 249 | + | property for creative industries, economic development, or historic18 |
---|
| 250 | + | preservation purposes; and19 |
---|
| 251 | + | (VI) Child care centers; |
---|
| 252 | + | AND20 |
---|
| 253 | + | (VII) P |
---|
| 254 | + | ROJECTS THAT ARE ELIGIBLE FOR FUNDING UNDER THE21 |
---|
| 255 | + | SPACE TO CREATE COLORADO PROGRAM ADMINISTERED BY THE DIVISION . 22 |
---|
| 256 | + | (b) All grants awarded under this section must be encumbered not |
---|
| 257 | + | 23 |
---|
| 258 | + | later than December 31, 2022.24 |
---|
| 259 | + | (4) On or before September 1, 2021, DECEMBER 1, 2024, the25 |
---|
| 260 | + | director of the division, in consultation with the director of the division26 |
---|
| 261 | + | of local government, or their designees, shall adopt policies, procedures,27 |
---|
| 262 | + | 1295 |
---|
| 263 | + | -7- and guidelines for the grant program that include without limitation:1 |
---|
| 264 | + | (8) (a) On or before November 1, 2022 NOVEMBER 1, 2024, and2 |
---|
| 265 | + | on or before November 1, 2023 NOVEMBER 1, 2026, the division shall3 |
---|
| 266 | + | publish a report summarizing the use of all of the money that was4 |
---|
| 267 | + | awarded as grants under the grant program in the preceding fiscal year.5 |
---|
| 268 | + | At a minimum, the report shall specify the amount of grant money6 |
---|
| 269 | + | distributed to each grant recipient and a description of each grant7 |
---|
| 270 | + | recipient's use of the grant money. The report must be posted on the8 |
---|
| 271 | + | website of the office of economic development created in section9 |
---|
| 272 | + | 24-48.5-101.10 |
---|
| 273 | + | (9) This section is WILL BE repealed effective January 1, 2025 IF11 |
---|
| 274 | + | ALL MONEY TRANSFERRED OR OTHERWISE CREDITED TO THE COMMUNITY12 |
---|
| 275 | + | REVITALIZATION FUND PURSUANT TO THIS SECTION IS EXPENDED . THE13 |
---|
| 276 | + | DIRECTOR OF THE DIVISION SHALL NOTIFY THE REVISOR OF STATUTES IN14 |
---|
| 277 | + | WRITING OF THE DATE WHEN THE CONDITION SPECIFIED IN THIS15 |
---|
| 278 | + | SUBSECTION (9) HAS OCCURRED BY E -MAILING THE NOTICE TO16 |
---|
| 279 | + | REVISOROFSTATUTES.GA@COLEG.GOV. THIS SECTION IS REPEALED ,17 |
---|
| 280 | + | EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT ALL MONEY18 |
---|
| 281 | + | TRANSFERRED OR OTHERWISE CREDITED TO THE COMMUNITY19 |
---|
| 282 | + | REVITALIZATION FUND PURS UANT TO THIS SECTION IS EXPENDED , OR, IF20 |
---|
| 283 | + | THE NOTICE DOES NOT SPECIFY THAT DATE, UPON THE DATE OF THE NOTICE21 |
---|
| 284 | + | TO THE REVISOR OF STATUTES.22 |
---|
| 285 | + | SECTION 5. In Colorado Revised Statutes, 24-75-402, amend23 |
---|
| 286 | + | (5)(ccc) and (5)(ddd); and add (5)(eee) as follows:24 |
---|
| 287 | + | 24-75-402. Cash funds - limit on uncommitted reserves -25 |
---|
| 288 | + | reduction in the amount of fees - exclusions - definitions.26 |
---|
| 289 | + | (5) Notwithstanding any provision of this section to the contrary, the27 |
---|
| 290 | + | 1295 |
---|
| 291 | + | -8- following cash funds are excluded from the limitations specified in this1 |
---|
| 292 | + | section:2 |
---|
| 293 | + | (ccc) The wildfire resiliency code board cash fund created in3 |
---|
| 294 | + | section 24-33.5-1236 (8); and4 |
---|
| 295 | + | (ddd) The closed landfill remediation grant program fund created5 |
---|
| 296 | + | in section 30-20-124 (8); AND6 |
---|
| 297 | + | (eee) THE COMMUNITY REVITALIZATION TAX CREDIT PROGRAM7 |
---|
| 298 | + | CASH FUND CREATED IN SECTION 39-22-560 (13).8 |
---|
| 299 | + | SECTION 6. In Colorado Revised Statutes, add 39-22-560 as9 |
---|
| 300 | + | follows:10 |
---|
| 301 | + | 39-22-560. Community revitalization tax credit - community11 |
---|
| 302 | + | revitalization tax credit program cash fund - tax preference12 |
---|
| 303 | + | performance statement - legislative declaration - definitions - repeal.13 |
---|
320 | | - | AS A CONTRACTUAL OR REAL PROPERTY INTEREST IN AN |
---|
321 | | - | EXISTING OR PLANNED BUILDING |
---|
322 | | - | , STRUCTURE, OR FACILITY THAT IS TO BE |
---|
323 | | - | CONSTRUCTED |
---|
324 | | - | , REHABILITATED, CONVERTED, REMODELED, OR OTHERWISE |
---|
325 | | - | IMPROVED THROUGH THE COMPLETION OF AN ELIGIBLE PROJECT |
---|
326 | | - | ; AND |
---|
327 | | - | (B) MAKES ELIGIBLE EXPENDITURES; |
---|
| 375 | + | AS A CONTRACTUAL OR REAL PROPERTY INTEREST IN AN14 |
---|
| 376 | + | EXISTING OR PLANNED BUILDING, STRUCTURE, OR FACILITY THAT IS TO BE15 |
---|
| 377 | + | CONSTRUCTED, REHABILITATED, CONVERTED, REMODELED, OR OTHERWISE16 |
---|
| 378 | + | IMPROVED THROUGH THE COMPLETION OF AN ELIGIBLE PROJECT ; AND17 |
---|
| 379 | + | (B) |
---|
| 380 | + | MAKES ELIGIBLE EXPENDITURES;18 |
---|
| 381 | + | (II) |
---|
| 382 | + | A QUALIFIED APPLICANT MAY BE A PERSON SUBJECT TO TAX19 |
---|
| 383 | + | PURSUANT TO THIS ARTICLE 22 OR A PERSON OR POLITICAL SUBDIVISION OF20 |
---|
| 384 | + | THE STATE THAT IS EXEMPT FROM SUCH TAXATION PURSUANT TO SECTION21 |
---|
| 385 | + | 39-22-112 |
---|
| 386 | + | (1).22 |
---|
| 387 | + | (3) Credit allowed. (a) F |
---|
| 388 | + | OR INCOME TAX YEARS COMMENCING ON23 |
---|
| 389 | + | OR AFTER JANUARY 1, 2026, BUT PRIOR TO JANUARY 1, 2033, A QUALIFIED24 |
---|
| 390 | + | APPLICANT IS ALLOWED A CREDIT AGAINST THE INCOME TAXES IMPOSED25 |
---|
| 391 | + | BY THIS ARTICLE 22 FOR PLACING AN ELIGIBLE PROJECT IN SERVICE IN AN26 |
---|
| 392 | + | AMOUNT SPECIFIED ON THE CREDIT CERTIFICATE ISSUED BY THE OFFICE27 |
---|
| 393 | + | 1295 |
---|
| 394 | + | -11- PURSUANT TO SUBSECTION (7) OF THIS SECTION.1 |
---|
| 395 | + | (b) I |
---|
| 396 | + | N ORDER TO CLAIM THE CREDIT ALLOWED PURSUANT TO THIS2 |
---|
| 397 | + | SECTION, THE QUALIFIED APPLICANT MUST SUBMIT AN APPLICATION AS3 |
---|
| 398 | + | SPECIFIED IN SUBSECTION (4) OF THIS SECTION, PLACE THE ELIGIBLE4 |
---|
| 399 | + | PROJECT IN SERVICE PRIOR TO JANUARY 1, 2033, OBTAIN A TAX CREDIT5 |
---|
| 400 | + | CERTIFICATE FROM THE OFFICE AS SPECIFIED IN SUBSECTION (7) OF THIS6 |
---|
| 401 | + | SECTION, AND, ONCE ISSUED BY THE OFFICE , FILE THE TAX CREDIT7 |
---|
| 402 | + | CERTIFICATE WITH THE QUALIFIED APPLICANT 'S INCOME TAX RETURN AS8 |
---|
| 403 | + | SPECIFIED IN SUBSECTION (8) OF THIS SECTION.9 |
---|
| 404 | + | (4) Application submission and review. (a) A |
---|
| 405 | + | N APPLICANT MAY10 |
---|
| 406 | + | SUBMIT AN APPLICATION TO THE OFFICE ON OR AFTER JANUARY 1, 2025,11 |
---|
| 407 | + | BUT NO LATER THAN OCTOBER 3, 2029.12 |
---|
| 408 | + | (b) T |
---|
| 409 | + | HE OFFICE SHALL REVIEW ALL SUBMITTED APPLICATIONS TO :13 |
---|
| 410 | + | (I) D |
---|
| 411 | + | ETERMINE WHETHER THE APPLICANT IS A QUALIFIED14 |
---|
| 412 | + | APPLICANT;15 |
---|
| 413 | + | (II) D |
---|
| 414 | + | ETERMINE WHETHER THE APPLICATION IS COMPLETE AND16 |
---|
| 415 | + | INCLUDES A PROPERTY ADDRESS, LEGAL DESCRIPTION, OR OTHER SPECIFIC17 |
---|
| 416 | + | LOCATION IDENTIFIER;18 |
---|
| 417 | + | (III) M |
---|
| 418 | + | AKE A PRELIMINARY DETERMINATION WHETHER THE19 |
---|
| 419 | + | PROJECT PLAN IS A PLAN FOR AN ELIGIBLE PROJECT BASED ON THE POLICIES20 |
---|
| 420 | + | AND PROCEDURES DEVELOPED BY THE OFFICE PURSUANT TO SUBSECTION21 |
---|
| 421 | + | (12) |
---|
| 422 | + | OF THIS SECTION;22 |
---|
| 423 | + | (IV) D |
---|
| 424 | + | ETERMINE WHETHER THE ELIGIBLE PROJECT IS ENTITLED TO23 |
---|
| 425 | + | A TAX CREDIT RESERVATION AS SPECIFIED IN SUBSECTION (6) OF THIS24 |
---|
| 426 | + | SECTION;25 |
---|
| 427 | + | (V) O |
---|
| 428 | + | NCE THE ELIGIBLE PROJECT IS PLACED IN SERVICE, MAKE A26 |
---|
| 429 | + | FINAL DETERMINATION WHETHER THE PROJECT IS AN ELIGIBLE PROJECT27 |
---|
| 430 | + | 1295 |
---|
| 431 | + | -12- BASED ON THE POLICIES AND PROCEDURES DEVELOPED BY THE OFFICE1 |
---|
| 432 | + | PURSUANT TO SUBSECTION (12) OF THIS SECTION; AND2 |
---|
| 433 | + | (VI) I |
---|
| 434 | + | F THE PROJECT IS AN ELIGIBLE PROJECT , REVIEW THE3 |
---|
| 435 | + | CERTIFIED ELIGIBLE EXPENDITURES AND , IF APPROVED, ISSUE A CREDIT4 |
---|
| 436 | + | CERTIFICATE TO THE QUALIFIED APPLICANT, AS SPECIFIED IN SUBSECTION5 |
---|
| 437 | + | (7) |
---|
| 438 | + | OF THIS SECTION.6 |
---|
| 439 | + | (c) T |
---|
| 440 | + | HE OFFICE SHALL MAKE THE DETERMINATIONS SPECIFIED IN7 |
---|
| 441 | + | SUBSECTIONS (4)(b)(I) TO (4)(b)(V) OF THIS SECTION WITHIN NINETY DAYS8 |
---|
| 442 | + | OF THE DATE THE OFFICE RECEIVES THE APPLICATION .9 |
---|
| 443 | + | (d) (I) I |
---|
| 444 | + | F THE OFFICE DETERMINES THAT AN APPLICATION IS10 |
---|
| 445 | + | INCOMPLETE OR THAT IT IS UNABLE TO MAKE THE DETERMINATIONS11 |
---|
| 446 | + | SPECIFIED IN SUBSECTIONS (4)(b)(I) TO (4)(b)(V) OF THIS SECTION, THE12 |
---|
| 447 | + | OFFICE SHALL NOTIFY THE APPLICANT IN WRITING OF THE OFFICE 'S13 |
---|
| 448 | + | DECISION AND SHALL REMOVE THE APPLICATION FROM THE REVIEW14 |
---|
| 449 | + | PROCESS.15 |
---|
| 450 | + | (II) I |
---|
| 451 | + | F AN APPLICANT RESUBMITS AN APPLICATION, THE OFFICE MAY16 |
---|
| 452 | + | CHARGE A NEW APPLICATION FEE IN AN AMOUNT SPECIFIED IN SUBSECTION17 |
---|
| 453 | + | (5) |
---|
| 454 | + | OF THIS SECTION.18 |
---|
| 455 | + | (5) Application and issuance fees. (a) (I) F |
---|
| 456 | + | OR AN APPLICATION19 |
---|
| 457 | + | FOR WHICH THE AMOUNT OF THE TAX CREDIT REQUESTED BY AN20 |
---|
| 458 | + | APPLICANT PURSUANT TO THIS SECTION IS TWO HUNDRED FIFTY THOUSAND21 |
---|
| 459 | + | DOLLARS OR MORE, THE OFFICE MAY IMPOSE A REASONABLE APPLICATION22 |
---|
| 460 | + | FEE ON AN APPLICANT THAT DOES NOT EXCEED FIVE HUNDRED DOLLARS .23 |
---|
| 461 | + | (II) |
---|
| 462 | + | FOR AN APPLICATION FOR WHICH THE AMOUNT OF THE TAX24 |
---|
| 463 | + | CREDIT REQUESTED BY AN APPLICANT PURSUANT TO THIS SECTION IS LESS25 |
---|
| 464 | + | THAN TWO HUNDRED FIFTY THOUSAND DOLLARS , THE OFFICE MAY IMPOSE26 |
---|
| 465 | + | A REASONABLE APPLICATION FEE ON AN APPLICANT THAT DOES NOT27 |
---|
| 466 | + | 1295 |
---|
| 467 | + | -13- EXCEED TWO HUNDRED DOLLARS .1 |
---|
| 468 | + | (b) T |
---|
| 469 | + | HE OFFICE MAY IMPOSE ON A QUALIFIED APPLICANT A2 |
---|
| 470 | + | REASONABLE ISSUANCE FEE OF UP TO THREE PERCENT OF THE AMOUNT OF3 |
---|
| 471 | + | THE TAX CREDIT SPECIFIED ON THE TAX CREDIT CERTIFICATE ISSUED BY4 |
---|
| 472 | + | THE OFFICE AS SPECIFIED IN SUBSECTION (7) OF THIS SECTION, WHICH MUST5 |
---|
| 473 | + | BE PAID BEFORE THE TAX CREDIT CERTIFICATE IS ISSUED TO THE QUALIFIED6 |
---|
| 474 | + | APPLICANT.7 |
---|
| 475 | + | (c) A |
---|
| 476 | + | NY FEE REVENUE COLLECTED PURSUANT TO THIS SUBSECTION8 |
---|
| 477 | + | (5) |
---|
| 478 | + | MUST BE |
---|
| 479 | + | CREDITED TO THE COMMUNITY REVITALIZATION TAX CREDIT9 |
---|
| 480 | + | PROGRAM CASH FUND CREATED IN SUBSECTION (13) OF THIS SECTION AND10 |
---|
| 481 | + | APPLIED TO THE ADMINISTRATION OF THE TAX CREDIT CREATED BY THIS11 |
---|
| 482 | + | SECTION.12 |
---|
| 483 | + | (6) Tax credit reservation. (a) B |
---|
| 484 | + | ASED ON THE FACTORS SPECIFIED13 |
---|
| 485 | + | IN SUBSECTION (6)(d) OF THIS SECTION, THE OFFICE MAY DETERMINE THAT14 |
---|
| 486 | + | A QUALIFIED APPLICANT IS ENTITLED TO A TAX CREDIT RESERVATION IN15 |
---|
| 487 | + | ACCORDANCE WITH THE PROVISIONS OF THIS SECTION . THE OFFICE SHALL16 |
---|
| 488 | + | ISSUE TAX CREDIT RESERVATIONS SUBJECT TO THE LIMITATIONS SET FORTH17 |
---|
| 489 | + | IN THIS SUBSECTION (6) AND IN ACCORDANCE WITH THE POLICIES AND18 |
---|
| 490 | + | PROCEDURES ESTABLISHED PURSUANT TO SUBSECTION (12) OF THIS19 |
---|
| 491 | + | SECTION. THE OFFICE SHALL NOT ISSUE TAX CREDIT RESERVATIONS AFTER20 |
---|
| 492 | + | J |
---|
| 493 | + | ANUARY 1, 2030.21 |
---|
| 494 | + | (b) I |
---|
| 495 | + | F THE OFFICE RESERVES A TAX CREDIT FOR THE BENEFIT OF A22 |
---|
| 496 | + | QUALIFIED APPLICANT, THE OFFICE SHALL NOTIFY THE QUALIFIED23 |
---|
| 497 | + | APPLICANT IN WRITING OF THE RESERVATION AND THE AMOUNT RESERVED .24 |
---|
| 498 | + | T |
---|
| 499 | + | HE RESERVATION OF A TAX CREDIT BY THE OFFICE FOR A QUALIFIED25 |
---|
| 500 | + | APPLICANT DOES NOT ENTITLE THE QUALIFIED APPLICANT TO ISSUANCE OF26 |
---|
| 501 | + | A CREDIT CERTIFICATE UNTIL THE QUALIFIED APPLICANT COMPLIES WITH27 |
---|
| 502 | + | 1295 |
---|
| 503 | + | -14- ALL THE OTHER REQUIREMENTS SPECIFIED IN THIS SECTION FOR THE1 |
---|
| 504 | + | ISSUANCE OF THE TAX CREDIT. WHEN THE OFFICE APPROVES A TAX CREDIT2 |
---|
| 505 | + | RESERVATION, THE OFFICE MAY ALSO IMPOSE ADDITIONAL REQUIREMENTS ,3 |
---|
| 506 | + | WHICH A QUALIFIED APPLICANT SHALL SATISFY AS PART OF COMPLETING4 |
---|
| 507 | + | THE ELIGIBLE PROJECT, BEFORE A TAX CREDIT CERTIFICATE IS ISSUED TO5 |
---|
| 508 | + | THE QUALIFIED APPLICANT.6 |
---|
| 509 | + | (c) (I) S |
---|
| 510 | + | UBJECT TO THE LIMITATIONS IN THIS SUBSECTION (6)(c), IF7 |
---|
| 511 | + | APPROVED, THE OFFICE MAY ISSUE A TAX CREDIT RESERVATION TO A8 |
---|
| 512 | + | QUALIFIED APPLICANT FOR A SINGLE ELIGIBLE PROJECT IN AN AMOUNT9 |
---|
| 513 | + | EQUAL TO THE LESSER OF TWENTY -FIVE PERCENT OF THE QUALIFIED10 |
---|
| 514 | + | APPLICANT'S ESTIMATED ELIGIBLE EXPENDITURES OR THREE MILLION11 |
---|
| 515 | + | DOLLARS.12 |
---|
| 516 | + | (II) E |
---|
| 517 | + | XCEPT AS PROVIDED IN SUBSECTIONS (6)(c)(III) AND13 |
---|
| 518 | + | (6)(c)(IV) |
---|
| 519 | + | OF THIS SECTION, THE AGGREGATE AMOUNT OF ALL TAX CREDIT14 |
---|
| 520 | + | RESERVATIONS THAT THE OFFICE MAY ISSUE PURSUANT TO THIS SECTION15 |
---|
| 521 | + | MUST NOT EXCEED |
---|
| 522 | + | TEN MILLION DOLLARS IN ANY CALENDAR YEAR PLUS16 |
---|
| 523 | + | THE AMOUNT OF ANY PREVIOUSLY ISSUED TAX CREDIT RESERVATIONS17 |
---|
| 524 | + | THAT WERE RESCINDED PURSUANT TO SUBSECTION (7)(a)(II) OF THIS18 |
---|
| 525 | + | SECTION FROM PREVIOUS CALENDAR YEARS .19 |
---|
| 526 | + | (III) I |
---|
| 527 | + | F THE OFFICE'S ISSUANCE OF A TAX CREDIT RESERVATION IN20 |
---|
| 528 | + | A CALENDAR YEAR WOULD CAUSE THE OFFICE TO EXCEED THE AGGREGATE21 |
---|
| 529 | + | LIMIT SPECIFIED IN SUBSECTION (6)(c)(II) OF THIS SECTION FOR THAT22 |
---|
| 530 | + | CALENDAR YEAR, THEN THE AGGREGATE AM OUNT OF ALL TAX CREDIT23 |
---|
| 531 | + | RESERVATIONS THAT THE OFFICE MAY ISSUE IN THE FOLLOWING CALENDAR24 |
---|
| 532 | + | YEAR IS DECREASED BY THE AMOUNT OF THE TAX CREDIT RESERVATIONS25 |
---|
| 533 | + | ISSUED IN THE PREVIOUS CALENDAR YEAR THAT EXCEEDED THE26 |
---|
| 534 | + | LIMITATION SET FORTH IN SUBSECTION (6)(c)(II) OF THIS SECTION.27 |
---|
| 535 | + | 1295 |
---|
| 536 | + | -15- (IV) IF THE OFFICE'S ISSUANCE OF TAX CREDIT RESERVATIONS BY1 |
---|
| 537 | + | THE END OF A CALENDAR YEAR IS LESS THAN THE AGGREGATE LIMIT2 |
---|
| 538 | + | SPECIFIED IN SUBSECTION (6)(c)(II) OF THIS SECTION FOR THAT CALENDAR3 |
---|
| 539 | + | YEAR, THEN THE AGGREGATE AMOUNT OF TAX CREDIT RESERVATIONS4 |
---|
| 540 | + | THAT THE OFFICE MAY ISSUE IN THE NEXT CALENDAR YEAR IS INCREASED5 |
---|
| 541 | + | BY THE UNRESERVED AMOUNT FROM THE PREVIOUS CALENDAR YEAR .6 |
---|
| 542 | + | (d) I |
---|
| 543 | + | N MAKING THE FINAL DETERMINATION OF WHICH PROJECT7 |
---|
| 544 | + | PLANS TO ISSUE TAX RESERVATIONS FOR PURSUANT TO THIS SUBSECTION8 |
---|
| 545 | + | (6), |
---|
| 546 | + | THE OFFICE MAY PRIORITIZE ELIGIBLE PROJECT PLANS IN ACCORDANCE9 |
---|
| 547 | + | WITH:10 |
---|
| 548 | + | (I) T |
---|
| 549 | + | HE NUMBER OF NEW AFFORDABLE HOUSING UNITS TO BE11 |
---|
| 550 | + | CREATED BY THE ELIGIBLE PROJECT;12 |
---|
| 551 | + | (II) T |
---|
| 552 | + | HE NUMBER OF LIVE-WORK SPACES TO BE CREATED BY THE13 |
---|
| 553 | + | ELIGIBLE PROJECT;14 |
---|
| 554 | + | (III) T |
---|
| 555 | + | HE GEOGRAPHIC DIVERSITY OF THE APPLICATIONS AND15 |
---|
| 556 | + | PROJECT PLANS THAT QUALIFIED A PPLICANTS HAVE SUBMITTED TO THE16 |
---|
| 557 | + | OFFICE;17 |
---|
| 558 | + | (IV) T |
---|
| 559 | + | HE QUALITY AND ACCESSIBILITY OF MAKERSPACE TO BE18 |
---|
| 560 | + | PROVIDED FOR CREATIVE INDUSTRY WORKERS BY THE ELIGIBLE PROJECT ;19 |
---|
| 561 | + | (V) D |
---|
| 562 | + | EMONSTRATION OF COMMUNITY ENGAGEMENT IN20 |
---|
| 563 | + | IDENTIFYING HOW THE PROJECT WILL SATISFY UNMET NEEDS AND DRIVE21 |
---|
| 564 | + | THE LOCAL CREATIVE ECONOMY ;22 |
---|
| 565 | + | (VI) D |
---|
| 566 | + | EMONSTRATION OF STRONG EVIDENCE THAT THE ELIGIBLE23 |
---|
| 567 | + | PROJECT HAS OR CAN ATTRACT DIVERSE SOURCES OF FUNDING AND BROAD24 |
---|
| 568 | + | LOCAL GOVERNMENT SUPPORT ;25 |
---|
| 569 | + | (VII) D |
---|
| 570 | + | EMONSTRATION OF HOW THE PROJECT SERVES RURAL ,26 |
---|
| 571 | + | UNDER-RESOURCED, OR UNDERSERVED COMMUNITIES ;27 |
---|
| 572 | + | 1295 |
---|
| 573 | + | -16- (VIII) WHETHER THE PROJECT PLAN IS RECEIVING PROPERTY TAX1 |
---|
| 574 | + | ABATEMENTS, CREDITS, REBATES, GRANTS, OR OTHER INCENTIVES FROM2 |
---|
| 575 | + | A LOCAL TAXING JURISDICTION;3 |
---|
| 576 | + | (IX) W |
---|
| 577 | + | HETHER THE PROJECT WILL OCCUR WITHOUT THE ISSUANCE4 |
---|
| 578 | + | OF A TAX CREDIT PURSUANT TO THIS SECTION;5 |
---|
| 579 | + | (X) W |
---|
| 580 | + | HETHER THE QUALIFIED APPLICANT WILL RECEIVE A6 |
---|
| 581 | + | FEDERAL INCENTIVE FOR THE PROJECT;7 |
---|
| 582 | + | (XI) T |
---|
| 583 | + | HE PROXIMITY OF THE PROJECT TO PUBLIC TRANSPORTATION ;8 |
---|
| 584 | + | AND9 |
---|
| 585 | + | (XII) T |
---|
| 586 | + | HE EXPECTED QUALIFICATION OF THE BUILDING ,10 |
---|
| 587 | + | STRUCTURE, OR FACILITY THAT IS THE SUBJECT OF THE ELIGIBLE PROJECT11 |
---|
| 588 | + | FOR A CERTIFIABLE SUSTAINABLE PROGRAM BOTH BEFORE AND AFTER THE12 |
---|
| 589 | + | COMPLETION OF THE PROJECT.13 |
---|
| 590 | + | (7) Deadline for incurring specified amount of estimated14 |
---|
| 591 | + | eligible expenditures - proof of compliance - audit of eligible15 |
---|
| 592 | + | expenditure certification - issuance of tax credit certificate. (a) (I) A16 |
---|
| 593 | + | QUALIFIED APPLICANT RECEIVING A RESERVATION OF TAX CREDITS17 |
---|
| 594 | + | PURSUANT TO SUBSECTION (6) OF THIS SECTION SHALL INCUR TWENTY18 |
---|
| 595 | + | PERCENT OR MORE OF THE ESTIMATED ELIGIBLE EXPENDITURES19 |
---|
| 596 | + | CONTAINED IN THE APPLICATION AND PROJECT PLAN NOT LATER THAN20 |
---|
| 597 | + | EIGHTEEN MONTHS AFTER THE DATE OF ISSUANCE OF THE WRITTEN NOTICE21 |
---|
| 598 | + | FROM THE OFFICE TO THE QUALIFIED APPLICANT GRANTING THE22 |
---|
| 599 | + | RESERVATION OF A TAX CREDIT.23 |
---|
329 | | - | QUALIFIED APPLICANT MAY BE A PERSON SUBJECT TO TAX |
---|
330 | | - | PURSUANT TO THIS ARTICLE |
---|
331 | | - | 22 OR A PERSON OR POLITICAL SUBDIVISION OF |
---|
332 | | - | THE STATE THAT IS EXEMPT FROM SUCH TAXATION PURSUANT TO SECTION |
---|
333 | | - | 39-22-112 (1). |
---|
334 | | - | (3) Credit allowed. (a) F |
---|
335 | | - | OR INCOME TAX YEARS COMMENCING ON |
---|
336 | | - | OR AFTER |
---|
337 | | - | JANUARY 1, 2026, BUT PRIOR TO JANUARY 1, 2033, A QUALIFIED |
---|
338 | | - | APPLICANT IS ALLOWED A CREDIT AGAINST THE INCOME TAXES IMPOSED BY |
---|
339 | | - | THIS ARTICLE |
---|
340 | | - | 22 FOR PLACING AN ELIGIBLE PROJECT IN SERVICE IN AN |
---|
341 | | - | AMOUNT SPECIFIED ON THE CREDIT CERTIFICATE ISSUED BY THE OFFICE |
---|
342 | | - | PURSUANT TO SUBSECTION |
---|
343 | | - | (7) OF THIS SECTION. |
---|
344 | | - | (b) I |
---|
345 | | - | N ORDER TO CLAIM THE CREDIT ALLOWED PURSUANT TO THIS |
---|
346 | | - | SECTION |
---|
347 | | - | , THE QUALIFIED APPLICANT MUST SUBMIT AN APPLICATION AS |
---|
348 | | - | SPECIFIED IN SUBSECTION |
---|
349 | | - | (4) OF THIS SECTION, PLACE THE ELIGIBLE PROJECT |
---|
350 | | - | IN SERVICE PRIOR TO |
---|
351 | | - | JANUARY 1, 2033, OBTAIN A TAX CREDIT CERTIFICATE |
---|
352 | | - | PAGE 8-HOUSE BILL 24-1295 FROM THE OFFICE AS SPECIFIED IN SUBSECTION (7) OF THIS SECTION, AND, |
---|
353 | | - | ONCE ISSUED BY THE OFFICE, FILE THE TAX CREDIT CERTIFICATE WITH THE |
---|
354 | | - | QUALIFIED APPLICANT |
---|
355 | | - | 'S INCOME TAX RETURN AS SPECIFIED IN SUBSECTION |
---|
356 | | - | (8) OF THIS SECTION. |
---|
357 | | - | (4) Application submission and review. (a) A |
---|
358 | | - | N APPLICANT MAY |
---|
359 | | - | SUBMIT AN APPLICATION TO THE OFFICE ON OR AFTER |
---|
360 | | - | JANUARY 1, 2025, BUT |
---|
361 | | - | NO LATER THAN |
---|
362 | | - | OCTOBER 3, 2029. |
---|
| 601 | + | QUALIFIED APPLICANT FOR WHOM THE OFFICE HAS RESERVED24 |
---|
| 602 | + | A TAX CREDIT SHALL SUBMIT EVIDENCE OF COMPLIANCE WITH THE25 |
---|
| 603 | + | PROVISIONS OF SUBSECTION (7)(a)(I) OF THIS SECTION. IF THE OFFICE26 |
---|
| 604 | + | DETERMINES THAT A QUALIFIED APPLICANT HAS FAILED TO COMPLY WITH27 |
---|
| 605 | + | 1295 |
---|
| 606 | + | -17- THE REQUIREMENTS OF SUBSECTION (7)(a)(I) OF THIS SECTION, THE OFFICE1 |
---|
| 607 | + | SHALL PROMPTLY NOTIFY THE QUALIFIED APPLICANT AND MAY RESCIND2 |
---|
| 608 | + | THE ISSUANCE OF THE WRITTEN NOTICE IT PREVIOUSLY GAVE THE3 |
---|
| 609 | + | QUALIFIED APPLICANT GRANTING THE RESERVATION OF A TAX CREDIT . IF4 |
---|
| 610 | + | THE OFFICE SO RESCINDS AN ISSUANCE OF THE WRITTEN NOTICE , THE5 |
---|
| 611 | + | QUALIFIED APPLICANT MAY SUBMIT A NEW APPLICATION , PROJECT PLAN,6 |
---|
| 612 | + | AND ESTIMATE OF ELIGIBLE EXPENDITURES FOR WHICH THE OFFICE MAY7 |
---|
| 613 | + | CHARGE A NEW APPLICATION FEE IN ACCORDANCE WITH SUBSECTION (5)8 |
---|
| 614 | + | OF THIS SECTION, AND THE TOTAL AMOUNT OF TAX CREDITS MADE9 |
---|
| 615 | + | AVAILABLE FOR RESERVATION IN THE CALE NDAR YEAR DURING WHICH THE10 |
---|
| 616 | + | OFFICE RESCINDS THE ISSUANCE OF WRITTEN NOTICE MUST INCREASE BY11 |
---|
| 617 | + | THE AMOUNT OF THE TAX CREDIT RESERVED IN THE WRITTEN NOTICE .12 |
---|
| 618 | + | (b) A |
---|
| 619 | + | FTER A QUALIFIED APPLICANT COMPLETES A PROJECT , THE13 |
---|
| 620 | + | QUALIFIED APPLICANT SHALL NOTIFY THE OFFICE THAT THE PROJECT HAS14 |
---|
| 621 | + | BEEN PLACED IN SERVICE AND SHALL CERTIFY THE ELIGIBLE15 |
---|
| 622 | + | EXPENDITURES, AFTER WHICH THE OFFICE SHALL MAKE A FINAL16 |
---|
| 623 | + | DETERMINATION WHETHER THE PROJECT IS AN ELIGIBLE PROJECT AS17 |
---|
| 624 | + | REQUIRED IN SUBSECTION (4)(b)(V) OF THIS SECTION. THE APPLICANT18 |
---|
| 625 | + | SHALL INCLUDE A REVIEW OF THE CERTIFICATION BY A LICENSED19 |
---|
| 626 | + | CERTIFIED PUBLIC ACCOUNTANT THAT IS NOT AFFILIATED WITH THE20 |
---|
| 627 | + | QUALIFIED APPLICANT THAT ALIGNS WITH OFFICE POLICIES FOR21 |
---|
| 628 | + | CERTIFICATION OF ELIGIBLE EXPENDITURES. THE APPLICANT SHALL ALSO22 |
---|
| 629 | + | CERTIFY AND PROVIDE DOCUMENTS DEMONSTRATING THAT THE23 |
---|
| 630 | + | APPLICANT SATISFIED ANY ADDITIONAL REQUIREMENTS IMPOSED BY THE24 |
---|
| 631 | + | OFFICE PURSUANT TO SUBSECTION (6) OF THIS SECTION. WITHIN NINETY25 |
---|
| 632 | + | DAYS AFTER RECEIPT OF SUCH DOCUMENTATION FROM THE QUALIFIED26 |
---|
| 633 | + | APPLICANT, THE OFFICE SHALL REVIEW THE QUALIFIED APPLICANT 'S27 |
---|
| 634 | + | 1295 |
---|
| 635 | + | -18- DOCUMENTATION OF CERTIFIED ELIGIBLE EXPENDITURES , DETERMINE1 |
---|
| 636 | + | WHETHER THE DOCUMENTATION SATISFIES THE PROJECT PLAN AND OTHER2 |
---|
| 637 | + | REQUIREMENTS, AND, IF THE OFFICE DETERMINES THAT THE3 |
---|
| 638 | + | DOCUMENTATION SATISFIES THE PROJECT PLAN AND OTHER4 |
---|
| 639 | + | REQUIREMENTS, THE OFFICE SHALL ISSUE A TAX CREDIT CERTIFICATE IN5 |
---|
| 640 | + | THE AMOUNT SPECIFIED IN THE TAX CREDIT RESERVATION ISSUED TO THE6 |
---|
| 641 | + | QUALIFIED APPLICANT PURSUANT TO SUBSECTION (6) OF THIS SECTION;7 |
---|
| 642 | + | EXCEPT THAT A CREDIT CERTIFICATE MAY NOT BE ISSUED FOR ANY INCOME8 |
---|
| 643 | + | TAX YEAR COMMENCING BEFORE JANUARY 1, 2026.9 |
---|
| 644 | + | (c) I |
---|
| 645 | + | F THERE ARE ANY UNRESERVED AMOUNTS OF TAX CREDITS10 |
---|
| 646 | + | AVAILABLE UNDER SUBSECTION (6) OF THIS SECTION, AND IF THE AMOUNT11 |
---|
| 647 | + | OF CERTIFIED ELIGIBLE EXPENDITURES INCURRED BY THE QUALIFIED12 |
---|
| 648 | + | APPLICANT WOULD HAVE RESULTED IN THE QUALIFIED APPLICANT BEING13 |
---|
| 649 | + | ISSUED A TAX CREDIT CERTIFICATE THAT EXCEEDS THE AMOUNT OF THE14 |
---|
| 650 | + | TAX CREDIT RESERVATION ISSUED TO THE QUALIFIED APPLICANT , THE15 |
---|
| 651 | + | QUALIFIED APPLICANT MAY APPLY TO THE OFFICE FOR THE ISSUANCE OF AN16 |
---|
| 652 | + | ADDITIONAL TAX CREDIT CERTIFICATE IN AN AMOUNT EQUAL TO THE17 |
---|
| 653 | + | DIFFERENCE BETWEEN THE TAX CREDIT RESERVATION AND WHAT WOULD18 |
---|
| 654 | + | HAVE BEEN ISSUED AS A RESULT OF THE CERTIFIED ELIGIBLE19 |
---|
| 655 | + | EXPENDITURES BY SUBMITTING AN APPLICATION IN A FORM AND MANNER20 |
---|
| 656 | + | DETERMINED BY THE OFFICE; EXCEPT THAT THE AGGREGATE OF THE TWO21 |
---|
| 657 | + | TAX CREDIT CERTIFICATES FOR THE ELIGIBLE PROJECT MAY NOT EXCEED22 |
---|
| 658 | + | THREE MILLION DOLLARS. THE OFFICE SHALL REVIEW THE APPLICATION AS23 |
---|
| 659 | + | SPECIFIED IN SUBSECTION (4) OF THIS SECTION AND, IF APPROVED, SHALL24 |
---|
| 660 | + | ISSUE A SEPARATE TAX CREDIT CERTIFICATE AWARDING THE QUALIFIED25 |
---|
| 661 | + | APPLICANT THE ADDITIONAL CREDIT.26 |
---|
| 662 | + | (8) Filing tax credit certificate with income tax return. (a) I |
---|
| 663 | + | N27 |
---|
| 664 | + | 1295 |
---|
| 665 | + | -19- ORDER TO CLAIM THE CREDIT AUTHORIZED BY THIS SECTION , A QUALIFIED1 |
---|
| 666 | + | APPLICANT SHALL FILE THE TAX CREDIT CERTIFICATE ISSUED BY THE2 |
---|
| 667 | + | OFFICE PURSUANT TO SUBSECTION (7) OF THIS SECTION WITH THE3 |
---|
| 668 | + | QUALIFIED APPLICANT'S STATE INCOME TAX RETURN . IF THE QUALIFIED4 |
---|
| 669 | + | APPLICANT IS EXEMPT FROM TAX PURSUANT TO SECTION 39-22-112 (1),5 |
---|
| 670 | + | THE QUALIFIED APPLICANT SHALL FILE A RETURN PURSUANT TO SECTION6 |
---|
| 671 | + | 39-22-601 (7)(b). T |
---|
| 672 | + | HE AMOUNT OF THE TAX CREDIT THAT A QUALIFIED7 |
---|
| 673 | + | APPLICANT MAY CLAIM PURSUANT TO THIS SECTION IS THE AMOUNT8 |
---|
| 674 | + | STATED ON THE TAX CREDIT CERTIFICATE .9 |
---|
| 675 | + | (b) A |
---|
| 676 | + | TAX CREDIT CERTIFICATE ISSUED TO A PARTNERSHIP , A10 |
---|
| 677 | + | LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP , OR MULTIPLE11 |
---|
| 678 | + | OWNERS OF A PROPERTY MUST BE PASSED THROUGH TO THE PARTNERS ,12 |
---|
| 679 | + | MEMBERS, OR OWNERS, INCLUDING ANY NONPROFIT ENTITY THAT IS A13 |
---|
| 680 | + | PARTNER, MEMBER, OR OWNER, RESPECTIVELY, ON A PRO RATA BASIS OR14 |
---|
| 681 | + | PURSUANT TO AN EXECUTED AGREEMENT AMONG THE PARTNERS ,15 |
---|
| 682 | + | MEMBERS, OR OWNERS DOCUMENTING AN ALTERNATE DISTRIBUTION16 |
---|
| 683 | + | METHOD.17 |
---|
| 684 | + | (9) Refundability. T |
---|
| 685 | + | HE ENTIRE TAX CREDIT TO BE ISSUED18 |
---|
| 686 | + | PURSUANT TO THIS SECTION MAY BE CLAIMED BY THE QUALIFIED19 |
---|
| 687 | + | APPLICANT IN THE TAXABLE YEAR IN WHICH THE ELIGIBLE PROJECT IS20 |
---|
| 688 | + | PLACED IN SERVICE. IF THE AMOUNT OF THE CREDIT ALLOWED PURSUANT21 |
---|
| 689 | + | TO THIS SECTION EXCEEDS THE AMOUNT OF INCOME TAXES OTHERWISE22 |
---|
| 690 | + | DUE ON THE INCOME OF THE QUALIFIED APPLICANT IN THE INCOME TAX23 |
---|
| 691 | + | YEAR FOR WHICH THE CREDIT IS BEING CLAIMED , OR THE QUALIFIED24 |
---|
| 692 | + | APPLICANT IS A PERSON WHO IS EXEMPT FROM TAXATION PURSUANT TO25 |
---|
| 693 | + | SECTION 39-22-112 (1), NINETY PERCENT OF THE AMOUNT OF THE CREDIT26 |
---|
| 694 | + | NOT USED AS AN OFFSET AGAINST INCOME TAXES IN THE INCOME TAX YEAR27 |
---|
| 695 | + | 1295 |
---|
| 696 | + | -20- IS REFUNDED TO THE QUALIFIED APPLICANT . THE REMAINDER OF THE1 |
---|
| 697 | + | CREDIT IS NOT CARRIED FORWARD AND MAY NOT BE USED BY THE2 |
---|
| 698 | + | TAXPAYER.3 |
---|
| 699 | + | (10) Compliance monitoring and recapture. (a) E |
---|
| 700 | + | XCEPT AS4 |
---|
| 701 | + | PROVIDED IN SUBSECTION (10)(b) OF THIS SECTION, IF, AS OF THE LAST5 |
---|
| 702 | + | DAY OF ANY TAXABLE YEAR DURING THE COMPLIANCE PERIOD , THE6 |
---|
| 703 | + | BUILDING, STRUCTURE, OR FACILITY THAT IS THE SUBJECT OF AN ELIGIBLE7 |
---|
| 704 | + | PROJECT IS NOT BEING USED AS AN ELIGIBLE PROJECT, THE OFFICE SHALL8 |
---|
| 705 | + | NOTIFY THE QUALIFIED APPLICANT AND THE DEPARTMENT THAT THE9 |
---|
| 706 | + | CREDIT ALLOWED IN THIS SECTION IS DISALLOWED . THE QUALIFIED10 |
---|
| 707 | + | APPLICANT SHALL ADD THE FULL AM OUNT OF THE CREDIT THAT WAS11 |
---|
| 708 | + | ACTUALLY USED TO OFFSET THE QUALIFIED APPLICANT 'S INCOME TAX OR12 |
---|
| 709 | + | REFUNDED TO THE QUALIFIED APPLICANT TO ITS RETURN AS A13 |
---|
| 710 | + | RECAPTURED CREDIT FOR THE TAXABLE YEAR IN WHICH THE CREDIT IS14 |
---|
| 711 | + | DISALLOWED PURSUANT TO THIS SUBSECTION (10).15 |
---|
536 | | - | HE GEOGRAPHIC DIVERSITY OF THE APPLICATIONS AND |
---|
537 | | - | PROJECT PLANS THAT QUALIFIED APPLICANTS HAVE SUBMITTED TO THE |
---|
538 | | - | OFFICE |
---|
539 | | - | ; |
---|
540 | | - | (IV) T |
---|
541 | | - | HE QUALITY AND ACCESSIBILITY OF MAKERSPACE TO BE |
---|
542 | | - | PROVIDED FOR CREATIVE INDUSTRY WORKERS BY THE ELIGIBLE PROJECT |
---|
543 | | - | ; |
---|
544 | | - | (V) D |
---|
545 | | - | EMONSTRATION OF COMMUNITY ENGAGEMENT IN IDENTIFYING |
---|
546 | | - | HOW THE PROJECT WILL SATISFY UNMET NEEDS AND DRIVE THE LOCAL |
---|
547 | | - | CREATIVE ECONOMY |
---|
548 | | - | ; |
---|
549 | | - | (VI) D |
---|
550 | | - | EMONSTRATION OF STRONG EVIDENCE THAT THE ELIGIBLE |
---|
551 | | - | PROJECT HAS OR CAN ATTRACT DIVERSE SOURCES OF FUNDING AND BROAD |
---|
552 | | - | LOCAL GOVERNMENT SUPPORT |
---|
553 | | - | ; |
---|
554 | | - | (VII) D |
---|
555 | | - | EMONSTRATION OF HOW THE PROJECT SERVES RURAL , |
---|
556 | | - | UNDER-RESOURCED, OR UNDERSERVED COMMUNITIES ; |
---|
557 | | - | (VIII) W |
---|
558 | | - | HETHER THE PROJECT PLAN IS RECEIVING PROPERTY TAX |
---|
559 | | - | ABATEMENTS |
---|
560 | | - | , CREDITS, REBATES, GRANTS, OR OTHER INCENTIVES FROM A |
---|
561 | | - | LOCAL TAXING JURISDICTION |
---|
562 | | - | ; |
---|
563 | | - | (IX) W |
---|
564 | | - | HETHER THE PROJECT WILL OCCUR WITHOUT THE ISSUANCE |
---|
565 | | - | PAGE 12-HOUSE BILL 24-1295 OF A TAX CREDIT PURSUANT TO THIS SECTION; |
---|
566 | | - | (X) W |
---|
567 | | - | HETHER THE QUALIFIED APPLICANT WILL RECEIVE A FEDERAL |
---|
568 | | - | INCENTIVE FOR THE PROJECT |
---|
569 | | - | ; |
---|
570 | | - | (XI) T |
---|
571 | | - | HE PROXIMITY OF THE PROJECT TO PUBLIC TRANSPORTATION ; |
---|
572 | | - | AND |
---|
573 | | - | (XII) THE EXPECTED QUALIFICATION OF THE BUILDING , STRUCTURE, |
---|
574 | | - | OR FACILITY THAT IS THE SUBJECT OF THE ELIGIBLE PROJECT FOR A |
---|
575 | | - | CERTIFIABLE SUSTAINABLE PROGRAM BOTH BEFORE AND AFTER THE |
---|
576 | | - | COMPLETION OF THE PROJECT |
---|
577 | | - | . |
---|
578 | | - | (7) Deadline for incurring specified amount of estimated eligible |
---|
579 | | - | expenditures - proof of compliance - audit of eligible expenditure |
---|
580 | | - | certification - issuance of tax credit certificate. (a) (I) A |
---|
581 | | - | QUALIFIED |
---|
582 | | - | APPLICANT RECEIVING A RESERVATION OF TAX CREDITS PURSUANT TO |
---|
583 | | - | SUBSECTION |
---|
584 | | - | (6) OF THIS SECTION SHALL INCUR TWENTY PERCENT OR MORE |
---|
585 | | - | OF THE ESTIMATED ELIGIBLE EXPENDITURES CONTAINED IN THE APPLICATION |
---|
586 | | - | AND PROJECT PLAN NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF |
---|
587 | | - | ISSUANCE OF THE WRITTEN NOTICE FROM THE OFFICE TO THE QUALIFIED |
---|
588 | | - | APPLICANT GRANTING THE RESERVATION OF A TAX CREDIT |
---|
589 | | - | . |
---|
590 | | - | (II) A |
---|
591 | | - | QUALIFIED APPLICANT FOR WHOM THE OFFICE HAS RESERVED |
---|
592 | | - | A TAX CREDIT SHALL SUBMIT EVIDENCE OF COMPLIANCE WITH THE |
---|
593 | | - | PROVISIONS OF SUBSECTION |
---|
594 | | - | (7)(a)(I) OF THIS SECTION. IF THE OFFICE |
---|
595 | | - | DETERMINES THAT A QUALIFIED APPLICANT HAS FAILED TO COMPLY WITH |
---|
596 | | - | THE REQUIREMENTS OF SUBSECTION |
---|
597 | | - | (7)(a)(I) OF THIS SECTION, THE OFFICE |
---|
598 | | - | SHALL PROMPTLY NOTIFY THE QUALIFIED APPLICANT AND MAY RESCIND THE |
---|
599 | | - | ISSUANCE OF THE WRITTEN NOTICE IT PREVIOUSLY GAVE THE QUALIFIED |
---|
600 | | - | APPLICANT GRANTING THE RESERVATION OF A TAX CREDIT |
---|
601 | | - | . IF THE OFFICE SO |
---|
602 | | - | RESCINDS AN ISSUANCE OF THE WRITTEN NOTICE |
---|
603 | | - | , THE QUALIFIED APPLICANT |
---|
604 | | - | MAY SUBMIT A NEW APPLICATION |
---|
605 | | - | , PROJECT PLAN, AND ESTIMATE OF |
---|
606 | | - | ELIGIBLE EXPENDITURES FOR WHICH THE OFFICE MAY CHARGE A NEW |
---|
607 | | - | APPLICATION FEE IN ACCORDANCE WITH SUBSECTION |
---|
608 | | - | (5) OF THIS SECTION, |
---|
609 | | - | AND THE TOTAL AMOUNT OF TAX CREDITS MADE AVAILABLE FOR |
---|
610 | | - | RESERVATION IN THE CALENDAR YEAR DURING WHICH THE OFFICE RESCINDS |
---|
611 | | - | THE ISSUANCE OF WRITTEN NOTICE MUST INCREASE BY THE AMOUNT OF THE |
---|
612 | | - | TAX CREDIT RESERVED IN THE WRITTEN NOTICE |
---|
613 | | - | . |
---|
614 | | - | PAGE 13-HOUSE BILL 24-1295 (b) AFTER A QUALIFIED APPLICANT COMPLETES A PROJECT , THE |
---|
615 | | - | QUALIFIED APPLICANT SHALL NOTIFY THE OFFICE THAT THE PROJECT HAS |
---|
616 | | - | BEEN PLACED IN SERVICE AND SHALL CERTIFY THE ELIGIBLE EXPENDITURES |
---|
617 | | - | , |
---|
618 | | - | AFTER WHICH THE OFFICE SHALL MAKE A FINAL DETERMINATION WHETHER |
---|
619 | | - | THE PROJECT IS AN ELIGIBLE PROJECT AS REQUIRED IN SUBSECTION |
---|
620 | | - | (4)(b)(V) |
---|
621 | | - | OF THIS SECTION. THE APPLICANT SHALL INCLUDE A REVIEW OF THE |
---|
622 | | - | CERTIFICATION BY A LICENSED CERTIFIED PUBLIC ACCOUNTANT THAT IS NOT |
---|
623 | | - | AFFILIATED WITH THE QUALIFIED APPLICANT THAT ALIGNS WITH OFFICE |
---|
624 | | - | POLICIES FOR CERTIFICATION OF ELIGIBLE EXPENDITURES |
---|
625 | | - | . THE APPLICANT |
---|
626 | | - | SHALL ALSO CERTIFY AND PROVIDE DOCUMENTS DEMONSTRATING THAT THE |
---|
627 | | - | APPLICANT SATISFIED ANY ADDITIONAL REQUIREMENTS IMPOSED BY THE |
---|
628 | | - | OFFICE PURSUANT TO SUBSECTION |
---|
629 | | - | (6) OF THIS SECTION. WITHIN NINETY |
---|
630 | | - | DAYS AFTER RECEIPT OF SUCH DOCUMENTATION FROM THE QUALIFIED |
---|
631 | | - | APPLICANT |
---|
632 | | - | , THE OFFICE SHALL REVIEW THE QUALIFIED APPLICANT 'S |
---|
633 | | - | DOCUMENTATION OF CERTIFIED ELIGIBLE EXPENDITURES |
---|
634 | | - | , DETERMINE |
---|
635 | | - | WHETHER THE DOCUMENTATION SATISFIES THE PROJECT PLAN AND OTHER |
---|
636 | | - | REQUIREMENTS |
---|
637 | | - | , AND, IF THE OFFICE DETERMINES THAT THE |
---|
638 | | - | DOCUMENTATION SATISFIES THE PROJECT PLAN AND OTHER REQUIREMENTS |
---|
639 | | - | , |
---|
640 | | - | THE OFFICE SHALL ISSUE A TAX CREDIT CERTIFICATE IN THE AMOUNT |
---|
641 | | - | SPECIFIED IN THE TAX CREDIT RESERVATION ISSUED TO THE QUALIFIED |
---|
642 | | - | APPLICANT PURSUANT TO SUBSECTION |
---|
643 | | - | (6) OF THIS SECTION; EXCEPT THAT A |
---|
644 | | - | CREDIT CERTIFICATE MAY NOT BE ISSUED FOR ANY INCOME TAX YEAR |
---|
645 | | - | COMMENCING BEFORE |
---|
646 | | - | JANUARY 1, 2026. |
---|
647 | | - | (c) I |
---|
648 | | - | F THERE ARE ANY UNRESERVED AMOUNTS OF TAX CREDITS |
---|
649 | | - | AVAILABLE UNDER SUBSECTION |
---|
650 | | - | (6) OF THIS SECTION, AND IF THE AMOUNT OF |
---|
651 | | - | CERTIFIED ELIGIBLE EXPENDITURES INCURRED BY THE QUALIFIED APPLICANT |
---|
652 | | - | WOULD HAVE RESULTED IN THE QUALIFIED APPLICANT BEING ISSUED A TAX |
---|
653 | | - | CREDIT CERTIFICATE THAT EXCEEDS THE AMOUNT OF THE TAX CREDIT |
---|
654 | | - | RESERVATION ISSUED TO THE QUALIFIED APPLICANT |
---|
655 | | - | , THE QUALIFIED |
---|
656 | | - | APPLICANT MAY APPLY TO THE OFFICE FOR THE ISSUANCE OF AN ADDITIONAL |
---|
657 | | - | TAX CREDIT CERTIFICATE IN AN AMOUNT EQUAL TO THE DIFFERENCE |
---|
658 | | - | BETWEEN THE TAX CREDIT RESERVATION AND WHAT WOULD HAVE BEEN |
---|
659 | | - | ISSUED AS A RESULT OF THE CERTIFIED ELIGIBLE EXPENDITURES BY |
---|
660 | | - | SUBMITTING AN APPLICATION IN A FORM AND MANNER DETERMINED BY THE |
---|
661 | | - | OFFICE |
---|
662 | | - | ; EXCEPT THAT THE AGGREGATE OF THE TWO TAX CREDIT |
---|
663 | | - | CERTIFICATES FOR THE ELIGIBLE PROJECT MAY NOT EXCEED THREE MILLION |
---|
664 | | - | DOLLARS |
---|
665 | | - | . THE OFFICE SHALL REVIEW THE APPLICATION AS SPECIFIED IN |
---|
666 | | - | SUBSECTION |
---|
667 | | - | (4) OF THIS SECTION AND, IF APPROVED, SHALL ISSUE A |
---|
668 | | - | SEPARATE TAX CREDIT CERTIFICATE AWARDING THE QUALIFIED APPLICANT |
---|
669 | | - | PAGE 14-HOUSE BILL 24-1295 THE ADDITIONAL CREDIT. |
---|
670 | | - | (8) Filing tax credit certificate with income tax return. (a) I |
---|
671 | | - | N |
---|
672 | | - | ORDER TO CLAIM THE CREDIT AUTHORIZED BY THIS SECTION |
---|
673 | | - | , A QUALIFIED |
---|
674 | | - | APPLICANT SHALL FILE THE TAX CREDIT CERTIFICATE ISSUED BY THE OFFICE |
---|
675 | | - | PURSUANT TO SUBSECTION |
---|
676 | | - | (7) OF THIS SECTION WITH THE QUALIFIED |
---|
677 | | - | APPLICANT |
---|
678 | | - | 'S STATE INCOME TAX RETURN. IF THE QUALIFIED APPLICANT IS |
---|
679 | | - | EXEMPT FROM TAX PURSUANT TO SECTION |
---|
680 | | - | 39-22-112 (1), THE QUALIFIED |
---|
681 | | - | APPLICANT SHALL FILE A RETURN PURSUANT TO SECTION |
---|
682 | | - | 39-22-601 (7)(b). |
---|
683 | | - | T |
---|
684 | | - | HE AMOUNT OF THE TAX CREDIT THAT A QUALIFIED APPLICANT MAY CLAIM |
---|
685 | | - | PURSUANT TO THIS SECTION IS THE AMOUNT STATED ON THE TAX CREDIT |
---|
686 | | - | CERTIFICATE |
---|
687 | | - | . |
---|
688 | | - | (b) A |
---|
689 | | - | TAX CREDIT CERTIFICATE ISSUED TO A PARTNERSHIP, A LIMITED |
---|
690 | | - | LIABILITY COMPANY TAXED AS A PARTNERSHIP |
---|
691 | | - | , OR MULTIPLE OWNERS OF A |
---|
692 | | - | PROPERTY MUST BE PASSED THROUGH TO THE PARTNERS |
---|
693 | | - | , MEMBERS, OR |
---|
694 | | - | OWNERS |
---|
695 | | - | , INCLUDING ANY NONPROFIT ENTITY THAT IS A PARTNER , MEMBER, |
---|
696 | | - | OR OWNER, RESPECTIVELY, ON A PRO RATA BASIS OR PURSUANT TO AN |
---|
697 | | - | EXECUTED AGREEMENT AMONG THE PARTNERS |
---|
698 | | - | , MEMBERS, OR OWNERS |
---|
699 | | - | DOCUMENTING AN ALTERNATE DISTRIBUTION METHOD |
---|
700 | | - | . |
---|
701 | | - | (9) Refundability. T |
---|
702 | | - | HE ENTIRE TAX CREDIT TO BE ISSUED PURSUANT |
---|
703 | | - | TO THIS SECTION MAY BE CLAIMED BY THE QUALIFIED APPLICANT IN THE |
---|
704 | | - | TAXABLE YEAR IN WHICH THE ELIGIBLE PROJECT IS PLACED IN SERVICE |
---|
705 | | - | . IF |
---|
706 | | - | THE AMOUNT OF THE CREDIT ALLOWED PURS UANT TO THIS SECTION EXCEEDS |
---|
707 | | - | THE AMOUNT OF INCOME TAXES OTHERWISE DUE ON THE INCOME OF THE |
---|
708 | | - | QUALIFIED APPLICANT IN THE INCOME TAX YEAR FOR WHICH THE CREDIT IS |
---|
709 | | - | BEING CLAIMED |
---|
710 | | - | , OR THE QUALIFIED APPLICANT IS A PERSON WHO IS EXEMPT |
---|
711 | | - | FROM TAXATION PURSUANT TO SECTION |
---|
712 | | - | 39-22-112 (1), NINETY PERCENT OF |
---|
713 | | - | THE AMOUNT OF THE CREDIT NOT USED AS AN OFFSET AGAINST INCOME |
---|
714 | | - | TAXES IN THE INCOME TAX YEAR IS REFUNDED TO THE QUALIFIED APPLICANT |
---|
715 | | - | . |
---|
716 | | - | T |
---|
717 | | - | HE REMAINDER OF THE CREDIT IS NOT CARRIED FORWARD AND MAY NOT BE |
---|
718 | | - | USED BY THE TAXPAYER |
---|
719 | | - | . |
---|
720 | | - | (10) Compliance monitoring and recapture. (a) E |
---|
721 | | - | XCEPT AS |
---|
722 | | - | PROVIDED IN SUBSECTION |
---|
723 | | - | (10)(b) OF THIS SECTION, IF, AS OF THE LAST DAY |
---|
724 | | - | OF ANY TAXABLE YEAR DURING THE COMPLIANCE PERIOD |
---|
725 | | - | , THE BUILDING, |
---|
726 | | - | STRUCTURE, OR FACILITY THAT IS THE SUBJECT OF AN ELIGIBLE PROJECT IS |
---|
727 | | - | NOT BEING USED AS AN ELIGIBLE PROJECT |
---|
728 | | - | , THE OFFICE SHALL NOTIFY THE |
---|
729 | | - | QUALIFIED APPLICANT AND THE DEPARTMENT THAT THE CREDIT ALLOWED |
---|
730 | | - | PAGE 15-HOUSE BILL 24-1295 IN THIS SECTION IS DISALLOWED. THE QUALIFIED APPLICANT SHALL ADD THE |
---|
731 | | - | FULL AMOUNT OF THE CREDIT THAT WAS ACTUALLY USED TO OFFSET THE |
---|
732 | | - | QUALIFIED APPLICANT |
---|
733 | | - | 'S INCOME TAX OR REFUNDED TO THE QUALIFIED |
---|
734 | | - | APPLICANT TO ITS RETURN AS A RECAPTURED CREDIT FOR THE TAXABLE |
---|
735 | | - | YEAR IN WHICH THE CREDIT IS DISALLOWED PURSUANT TO THIS SUBSECTION |
---|
736 | | - | (10). |
---|
737 | | - | (b) T |
---|
738 | | - | HE POTENTIAL INCREASE IN TAX REQUIRED PURSUANT TO |
---|
739 | | - | SUBSECTION |
---|
740 | | - | (10)(a) OF THIS SECTION DOES NOT APPLY: |
---|
741 | | - | (I) I |
---|
742 | | - | F A BUILDING, STRUCTURE, OR FACILITY IS NOT AN ELIGIBLE |
---|
743 | | - | PROJECT AS A RESULT OF A CASUALTY LOSS IF THE LOSS IS RESTORED BY |
---|
744 | | - | RECONSTRUCTION OR REPLACEMENT WITHIN A REASONABLE PERIOD |
---|
745 | | - | ESTABLISHED BY THE OFFICE |
---|
746 | | - | ; OR |
---|
747 | | - | (II) SOLELY BY REASON OF THE DISPOSITION OF A BUILDING , |
---|
748 | | - | STRUCTURE, OR FACILITY, OR AN INTEREST THEREIN, IF IT IS REASONABLY |
---|
749 | | - | EXPECTED THAT THE BUILDING |
---|
750 | | - | , STRUCTURE, OR FACILITY WILL CONTINUE TO |
---|
751 | | - | BE OPERATED AS AN ELIGIBLE PROJECT FOR THE REMAINDER OF THE |
---|
752 | | - | COMPLIANCE PERIOD |
---|
753 | | - | . |
---|
754 | | - | (c) (I) T |
---|
755 | | - | HE OFFICE SHALL ESTABLISH REPORTING REQUIREMENTS TO |
---|
756 | | - | MONITOR COMPLIANCE WITH THIS SUBSECTION |
---|
757 | | - | (10), INCLUDING |
---|
758 | | - | REQUIREMENTS REGARDING THE REPORTING OF A DISPOSITION OF A |
---|
759 | | - | BUILDING |
---|
760 | | - | , STRUCTURE, OR FACILITY BY THE QUALIFIED APPLICANT AND THE |
---|
761 | | - | REPORTING REQUIRED FOR SUCH A BUILDING |
---|
762 | | - | , STRUCTURE, OR FACILITY FOR |
---|
763 | | - | THE REMAINDER OF THE COMPLIANCE PERIOD |
---|
764 | | - | . |
---|
765 | | - | (II) I |
---|
766 | | - | F A DISPUTE ARISES ABOUT WHETHER A BUILDING , STRUCTURE, |
---|
767 | | - | OR FACILITY IS AN ELIGIBLE PROJECT, THE OFFICE SHALL ADJUDICATE THE |
---|
768 | | - | DISPUTE AND NOTIFY THE DEPARTMENT OF THE RESOLUTION |
---|
769 | | - | . |
---|
770 | | - | (III) N |
---|
771 | | - | OTWITHSTANDING SECTION 39-21-107 (2), IF A BUILDING, |
---|
772 | | - | STRUCTURE, OR FACILITY, OR AN INTEREST THEREIN, IS DISPOSED OF DURING |
---|
773 | | - | ANY TAXABLE YEAR DURING THE COMPLIANCE PERIOD |
---|
774 | | - | , AND THEREAFTER |
---|
775 | | - | THE BUILDING |
---|
776 | | - | , STRUCTURE, OR FACILITY IS NOT AN ELIGIBLE PROJECT: |
---|
777 | | - | (A) T |
---|
778 | | - | HE QUALIFIED APPLICANT SHALL ADD THE FULL AMOUNT OF THE |
---|
779 | | - | CREDIT TO ITS RETURN AS A RECAPTURED CREDIT FOR THE TAXABLE YEAR IN |
---|
780 | | - | WHICH THE CREDIT IS DISALLOWED PURSUANT TO THIS SUBSECTION |
---|
781 | | - | (10) |
---|
782 | | - | PAGE 16-HOUSE BILL 24-1295 NOTWITHSTANDING THE DISPOSITION OF THE QUALIFIED RESIDENTIAL |
---|
783 | | - | STRUCTURE |
---|
784 | | - | ; |
---|
785 | | - | (B) T |
---|
786 | | - | HE STATUTORY PERIOD FOR THE ASSESSMENT OF ANY |
---|
787 | | - | DEFICIENCY WITH RESPECT TO THE DISALLOWED CREDIT MUST NOT EXPIRE |
---|
788 | | - | BEFORE THE EXPIRATION OF THREE YEARS FROM THE DATE THE OFFICE IS |
---|
789 | | - | NOTIFIED |
---|
790 | | - | , IN SUCH A MANNER AS THE OFFICE DETERMINES , THAT THE |
---|
791 | | - | STRUCTURE IS NOT A QUALIFIED RESIDENTIAL STRUCTURE |
---|
792 | | - | ; AND |
---|
793 | | - | (C) THE DEPARTMENT SHALL ASSESS ANY DEFICIENCY BEFORE THE |
---|
794 | | - | EXPIRATION OF SUCH THREE |
---|
795 | | - | -YEAR PERIOD TOGETHER WITH ANY APPLICABLE |
---|
796 | | - | INTEREST AND PENALTY IMPOSED PURSUANT TO THIS ARTICLE |
---|
797 | | - | 22. |
---|
798 | | - | (d) A |
---|
799 | | - | S USED IN THIS SUBSECTION (10), UNLESS THE CONTEXT |
---|
800 | | - | OTHERWISE REQUIRES |
---|
801 | | - | , "COMPLIANCE PERIOD" MEANS THE PERIOD OF FIFTEEN |
---|
802 | | - | YEARS FOLLOWING THE TAXABLE YEAR IN WHICH THE QUALIFIED APPLICANT |
---|
803 | | - | PLACED THE ELIGIBLE PROJECT IN SERVICE |
---|
804 | | - | . |
---|
805 | | - | (11) Reporting. (a) N |
---|
806 | | - | O LATER THAN DECEMBER 31, 2027, AND, |
---|
807 | | - | NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136 (11)(a)(I), NO |
---|
808 | | - | LATER THAN |
---|
809 | | - | DECEMBER 31 OF EACH YEAR THEREAFTER THROUGH 2033, THE |
---|
810 | | - | OFFICE SHALL PROVIDE A WRITTEN REPORT TO THE GENERAL ASSEMBLY AND |
---|
811 | | - | SHALL FURTHER MAKE THE REPORT AVAILABLE TO THE PUBLIC |
---|
812 | | - | . IN |
---|
813 | | - | CONNECTION WITH TAX CREDITS ISSUED PURSUANT TO THIS SECTION |
---|
814 | | - | , THE |
---|
815 | | - | REPORT MUST INCLUDE |
---|
816 | | - | : |
---|
817 | | - | (I) T |
---|
818 | | - | HE NUMBER OF ELIGIBLE PROJECTS PLACED IN SERVICE ; |
---|
819 | | - | (II) A |
---|
820 | | - | DESCRIPTION OF THE USE OR USES OF EACH ELIGIBLE PROJECT |
---|
821 | | - | AND A STATEWIDE SUMMARY OF THE NUMBER OF ELIGIBLE PROJECTS FOR |
---|
822 | | - | EACH USE |
---|
823 | | - | ; |
---|
824 | | - | (III) F |
---|
825 | | - | OR ELIGIBLE PROJECTS THAT CREATE AFFORDABLE HOUSING OR |
---|
826 | | - | LIVE |
---|
827 | | - | -WORK SPACES FOR CREATIVE INDUSTRY WORKERS , THE NUMBER OF |
---|
828 | | - | AFFORDABLE HOUSING OR LIVE |
---|
829 | | - | -WORK UNITS PLANNED OR CREATED ; |
---|
830 | | - | (IV) T |
---|
831 | | - | HE OCCUPANCY RATE OF CREATED AFFORDABLE HOUSING AND |
---|
832 | | - | LIVE |
---|
833 | | - | -WORK UNITS; |
---|
834 | | - | (V) T |
---|
835 | | - | HE COUNTIES IN WHICH QUALIFIED COMMERCIAL STRUCTURES |
---|
836 | | - | PAGE 17-HOUSE BILL 24-1295 WERE CONVERTED TO QUALIFIED COMMERCIAL RESIDENTIAL STRUCTURES ; |
---|
837 | | - | AND |
---|
838 | | - | (VI) THE AMOUNT OF ANY DISALLOWED TAX CREDIT RECAPTURED |
---|
839 | | - | PURSUANT TO SUBSECTION |
---|
840 | | - | (10) OF THIS SECTION. |
---|
841 | | - | (b) T |
---|
842 | | - | HE OFFICE SHALL, IN A SUFFICIENTLY TIMELY MANNER TO |
---|
843 | | - | ALLOW THE DEPARTMENT TO PROCESS RETURNS CLAIMING THE INCOME TAX |
---|
844 | | - | CREDIT ALLOWED IN THIS SECTION |
---|
845 | | - | , PROVIDE THE DEPARTMENT WITH AN |
---|
846 | | - | ELECTRONIC REPORT OF EACH QUALIFIED APPLICANT TO WHICH THE OFFICE |
---|
847 | | - | ISSUES A TAX CREDIT CERTIFICATE FOR THE PRECEDING TAX YEAR THAT |
---|
848 | | - | INCLUDES THE FOLLOWING INFORMATION |
---|
849 | | - | : |
---|
850 | | - | (I) T |
---|
851 | | - | HE QUALIFIED APPLICANT'S NAME; |
---|
852 | | - | (II) T |
---|
853 | | - | HE AMOUNT OF THE CREDIT; AND |
---|
854 | | - | (III) THE QUALIFIED APPLICANT'S SOCIAL SECURITY NUMBER OR THE |
---|
855 | | - | QUALIFIED APPLICANT |
---|
856 | | - | 'S COLORADO ACCOUNT NUMBER AND FEDERAL |
---|
857 | | - | EMPLOYER IDENTIFICATION NUMBER |
---|
858 | | - | . |
---|
859 | | - | (12) Policies and procedures. (a) T |
---|
860 | | - | HE OFFICE MAY CREATE AND |
---|
861 | | - | MODIFY POLICIES |
---|
862 | | - | , PROCEDURES, AND GUIDELINES AS NECESSARY TO |
---|
863 | | - | FURTHER IMPLEMENT THE TAX CREDITS TO BE CLAIMED FOR THE |
---|
864 | | - | COMPLETION OF ELIGIBLE PROJECTS PURSUANT TO THIS SECTION AND SHALL |
---|
865 | | - | SOLICIT ADVICE FROM THE DEPARTMENT IN CREATING AND MODIFYING SUCH |
---|
866 | | - | POLICIES |
---|
867 | | - | , PROCEDURES, AND GUIDELINES. |
---|
868 | | - | (b) W |
---|
869 | | - | ITH RESPECT TO MAKING THE PRELIMINARY DETERMINATION |
---|
870 | | - | WHETHER A PROJECT PLAN IS A PLAN FOR AN ELIGIBLE PROJECT PURSUANT |
---|
871 | | - | TO SUBSECTION |
---|
872 | | - | (4)(b)(III) OF THIS SECTION, THE OFFICE SHALL DEVELOP |
---|
873 | | - | STANDARDS THAT INCLUDE |
---|
874 | | - | , BUT ARE NOT LIMITED TO: |
---|
875 | | - | (I) A |
---|
876 | | - | DETAILED COST ESTIMATE FOR THE PROJECT PLAN ; |
---|
877 | | - | (II) E |
---|
878 | | - | VIDENCE OF SITE CONTROL OF THE SITE WHERE THE PROJECT |
---|
879 | | - | WILL OCCUR |
---|
880 | | - | ; AND |
---|
881 | | - | (III) THE FINANCING OR FUNDING THAT IS AVAILABLE FOR THE |
---|
882 | | - | PROJECT PLAN |
---|
883 | | - | . |
---|
884 | | - | PAGE 18-HOUSE BILL 24-1295 (13) Community revitalization tax credit program cash fund. |
---|
885 | | - | (a) T |
---|
886 | | - | HE COMMUNITY REVITALIZATION TAX CREDIT PROGRAM CASH FUND IS |
---|
887 | | - | CREATED IN THE STATE TREASURY |
---|
888 | | - | . THE FUND CONSISTS OF GIFTS, GRANTS, |
---|
889 | | - | DONATIONS, FEE REVENUE CREDITED TO THE FUND PURSUANT TO |
---|
890 | | - | SUBSECTION |
---|
891 | | - | (5) OF THIS SECTION, AND ANY OTHER MONEY THAT THE |
---|
892 | | - | GENERAL ASSEMBLY MAY APPROPRIATE |
---|
893 | | - | , TRANSFER, OR REQUIRE BY LAW TO |
---|
894 | | - | BE CREDITED TO THE FUND |
---|
895 | | - | . |
---|
896 | | - | (b) T |
---|
897 | | - | HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME |
---|
898 | | - | DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE |
---|
899 | | - | COMMUNITY REVITALIZATION TAX CREDIT PROGRAM CASH FUND TO THE |
---|
900 | | - | FUND |
---|
901 | | - | . |
---|
902 | | - | (c) M |
---|
903 | | - | ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE |
---|
904 | | - | OFFICE FOR THE PURPOSE OF ADMINISTERING THE TAX CREDIT ISSUED |
---|
905 | | - | PURSUANT TO THIS SECTION |
---|
906 | | - | . |
---|
907 | | - | (d) T |
---|
908 | | - | HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED AND |
---|
909 | | - | UNENCUMBERED MONEY IN THE FUND ON |
---|
910 | | - | DECEMBER 31, 2050, TO THE |
---|
911 | | - | GENERAL FUND |
---|
912 | | - | . |
---|
913 | | - | (14) Repeal. T |
---|
914 | | - | HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, |
---|
915 | | - | 2050. |
---|
916 | | - | SECTION 7. Appropriation. For the 2024-25 state fiscal year, |
---|
917 | | - | $102,498 is appropriated to the office of the governor for use by economic |
---|
918 | | - | development programs. This appropriation is from the general fund and is |
---|
919 | | - | based on an assumption that the office will require an additional 0.8 FTE. |
---|
920 | | - | To implement this act, the office may use this appropriation for the council |
---|
921 | | - | on creative industries. |
---|
922 | | - | SECTION 8. Safety clause. The general assembly finds, |
---|
923 | | - | determines, and declares that this act is necessary for the immediate |
---|
924 | | - | PAGE 19-HOUSE BILL 24-1295 preservation of the public peace, health, or safety or for appropriations for |
---|
925 | | - | the support and maintenance of the departments of the state and state |
---|
926 | | - | institutions. |
---|
927 | | - | ____________________________ ____________________________ |
---|
928 | | - | Julie McCluskie Steve Fenberg |
---|
929 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
930 | | - | OF REPRESENTATIVES THE SENATE |
---|
931 | | - | ____________________________ ____________________________ |
---|
932 | | - | Robin Jones Cindi L. Markwell |
---|
933 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
934 | | - | OF REPRESENTATIVES THE SENATE |
---|
935 | | - | APPROVED________________________________________ |
---|
936 | | - | (Date and Time) |
---|
937 | | - | _________________________________________ |
---|
938 | | - | Jared S. Polis |
---|
939 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
940 | | - | PAGE 20-HOUSE BILL 24-1295 |
---|
| 830 | + | HE FINANCING OR FUNDING THAT IS AVAILABLE FOR THE24 |
---|
| 831 | + | PROJECT PLAN.25 |
---|
| 832 | + | (13) Community revitalization tax credit program cash fund.26 |
---|
| 833 | + | (a) THE COMMUNITY REVITALIZATION TAX CREDIT PROGRAM CASH FUND27 |
---|
| 834 | + | 1295 |
---|
| 835 | + | -24- IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF GIFTS,1 |
---|
| 836 | + | GRANTS, DONATIONS, FEE REVENUE CREDITED TO THE FUND PURSUANT TO2 |
---|
| 837 | + | SUBSECTION (5) OF THIS SECTION, AND ANY OTHER MONEY THAT THE3 |
---|
| 838 | + | GENERAL ASSEMBLY MAY APPROPRIATE, TRANSFER, OR REQUIRE BY LAW4 |
---|
| 839 | + | TO BE CREDITED TO THE FUND.5 |
---|
| 840 | + | (b) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND6 |
---|
| 841 | + | INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE7 |
---|
| 842 | + | COMMUNITY REVITALIZATION TAX CREDIT PROGRAM CASH FUND TO THE8 |
---|
| 843 | + | FUND.9 |
---|
| 844 | + | (c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE10 |
---|
| 845 | + | OFFICE FOR THE PURPOSE OF ADMINISTERING THE TAX CREDIT ISSUED11 |
---|
| 846 | + | PURSUANT TO THIS SECTION.12 |
---|
| 847 | + | (d) THE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED13 |
---|
| 848 | + | AND UNENCUMBERED MONEY IN THE FUND ON DECEMBER 31, 2050, TO14 |
---|
| 849 | + | THE GENERAL FUND.15 |
---|
| 850 | + | (14) Repeal. T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER16 |
---|
| 851 | + | 31, |
---|
| 852 | + | 2050.17SECTION 7. Appropriation. For the 2024-25 state fiscal year,18 |
---|
| 853 | + | $102,498 is appropriated to the office of the governor for use by19 |
---|
| 854 | + | economic development programs. This appropriation is from the general20 |
---|
| 855 | + | fund and is based on an assumption that the office will require an21 |
---|
| 856 | + | additional 0.8 FTE. To implement this act, the office may use this22 |
---|
| 857 | + | appropriation for the council on creative industries.23 |
---|
| 858 | + | SECTION 8. Safety clause. The general assembly finds,24 |
---|
| 859 | + | determines, and declares that this act is necessary for the immediate25 |
---|
| 860 | + | preservation of the public peace, health, or safety or for appropriations for26 |
---|
| 861 | + | 1295 |
---|
| 862 | + | -25- the support and maintenance of the departments of the state and state1 |
---|
| 863 | + | institutions.2 |
---|
| 864 | + | 1295 |
---|
| 865 | + | -26- |
---|