Colorado 2024 Regular Session

Colorado House Bill HB1295 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0658.03 Jason Gelender x4330
18 HOUSE BILL 24-1295
2-BY REPRESENTATIVE(S) Titone and Herod, Amabile, Bacon, Bird,
3-Boesenecker, Duran, English, Froelich, Hamrick, Hernandez, Jodeh,
4-Joseph, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mabrey, McCormick,
5-McLachlan, Ortiz, Ricks, Sirota, Snyder, Valdez, Velasco, Willford,
6-Woodrow, McCluskie, Marvin, Story;
7-also SENATOR(S) Fenberg and Coleman, Bridges, Buckner, Cutter,
8-Gonzales, Jaquez Lewis, Michaelson Jenet, Priola, Sullivan.
9+House Committees Senate Committees
10+Business Affairs & Labor Finance
11+Finance Appropriations
12+Appropriations
13+A BILL FOR AN ACT
914 C
10-ONCERNING COMMUNITY REVITALIZATION INCENTIVES FOR THE SUPPORT
11-OF CREATIVE INDUSTRIES
12-, AND, IN CONNECTION THEREWITH ,
13-EXTENDING THE COMMUNITY GRANT REVITALIZATION PROGRAM ,
14-CREATING AN INCOME TAX CREDIT FOR EXPENSES INCURRED IN
15-COMPLETING INFRASTRUCTURE THAT SUPPORTS CREATIVE
16-INDUSTRIES AND CREATIVE INDUSTRY WORKERS
17-, AND MAKING AN
18-APPROPRIATION
19-.
20-Be it enacted by the General Assembly of the State of Colorado:
15+ONCERNING COMMUNITY REVITALI ZATION INCENTIVES FOR THE101
16+SUPPORT OF CREATIVE INDUSTRIES , AND, IN CONNECTION102
17+THEREWITH , EXTENDING THE COMMUNITY GRANT103
18+REVITALIZATION
19+PROGRAM, CREATING AN INCOME TAX CREDIT104
20+FOR EXPENSES INCURRED IN COMPLETING INFRASTRUCTURE105
21+THAT SUPPORTS CREATIVE INDUSTRIES AND CREATIVE INDUSTRY106
22+WORKERS, AND MAKING AN APPROPRIATION .107
23+Bill Summary
24+(Note: This summary applies to this bill as introduced and does
25+not reflect any amendments that may be subsequently adopted. If this bill
26+passes third reading in the house of introduction, a bill summary that
27+applies to the reengrossed version of this bill will be available at
28+http://leg.colorado.gov
29+.)
30+SENATE
31+3rd Reading Unamended
32+May 7, 2024
33+SENATE
34+Amended 2nd Reading
35+May 6, 2024
36+HOUSE
37+3rd Reading Unamended
38+April 26, 2024
39+HOUSE
40+Amended 2nd Reading
41+April 25, 2024
42+HOUSE SPONSORSHIP
43+Titone and Herod, Amabile, Bacon, Bird, Boesenecker, Duran, English, Froelich, Hamrick,
44+Hernandez, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Lukens, Mabrey, McCluskie,
45+McCormick, McLachlan, Ortiz, Ricks, Sirota, Snyder, Valdez, Velasco, Willford, Woodrow
46+SENATE SPONSORSHIP
47+Fenberg and Coleman, Bridges, Buckner, Cutter, Gonzales, Jaquez Lewis, Michaelson
48+Jenet, Priola, Sullivan
49+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
50+Capital letters or bold & italic numbers indicate new material to be added to existing law.
51+Dashes through the words or numbers indicate deletions from existing law. Section 1 of the bill modifies the community revitalization grant
52+program (grant program) by:
53+! Including projects that are eligible for funding under the
54+space to create program administered by the creative
55+industries division (division) within the office of economic
56+development (office) as projects intended to be supported
57+by the grant program;
58+! Extending deadlines for the adoption of policies,
59+procedures, and guidelines for the grant program and for
60+grant program reporting; and
61+! Extending the scheduled repeal of the grant program from
62+January 1, 2025, to the date on which all money transferred
63+or otherwise credited to the community revitalization fund
64+pursuant to this section is expended.
65+Section 2 creates a new community revitalization income tax
66+credit (credit), for income tax years commencing on or after January 1,
67+2026, but before January 1, 2033, in an amount equal to 25% of the
68+amount of eligible expenditures made by a qualified applicant in
69+completing an eligible project; except that the office may reduce the
70+credit percentage for reservations for credits made in any income tax year,
71+and the maximum amount of the credit for a single project is $3 million.
72+In addition, the maximum amount of credits that may be reserved during
73+any calendar year is $16 million. An eligible project is a capital
74+improvement project within a creative district, a historic district, or a
75+neighborhood commercial center or a main street that involves the
76+construction, rehabilitation, conversion, remodeling, or other
77+improvement of one or more buildings, structures, or facilities for uses
78+that support creative industries and creative industry workers and that is
79+approved as an eligible project by the office.
80+The bill details a process for claiming the credit that requires:
81+! The submission by a qualified applicant to the office of an
82+eligible project plan that includes an estimate of eligible
83+expenditures;
84+! Preliminary and final review and approval of the plan by
85+the office;
86+! Reservation of a credit for the qualified applicant by the
87+office;
88+! Commencement of the eligible project incurrence by the
89+qualified applicant of a specified minimum portion of the
90+eligible expenditures within a specified period;
91+! Completion of the eligible project;
92+! Issuance of a tax credit certificate by the office;
93+! Filing of the tax credit certificate by the qualified applicant
94+with the department of revenue with the qualified
95+1295
96+-2- applicant's tax return or informational return; and
97+! Recapture of the credit if the eligible project is not used for
98+a use that makes it an eligible project during a specified
99+compliance period.
100+The office is required to annually report to the general assembly
101+regarding the credit and may, after soliciting advice from the department
102+of revenue, create and modify policies and procedures as necessary to
103+implement the credit.
104+Be it enacted by the General Assembly of the State of Colorado:1
21105 SECTION 1. In Colorado Revised Statutes, 23-15-102, amend
22-(1)(a) as follows:
23-23-15-102. Legislative declaration. (1) The general assembly
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. hereby finds and declares that:
32-(a) It is the intent of the general assembly to create the Colorado
33-educational and cultural facilities authority to lend money to educational
34-institutions and cultural institutions; to authorize the authority to acquire,
35-construct, reconstruct, repair, alter, improve, extend, own, lease, and
36-dispose of properties to the end that the authority may be able to promote
37-the welfare of the people of this state; to authorize the authority to
38-administer the Colorado education savings program; to permit the bonds or
39-certificates of participation of the authority and the bonds or certificates of
40-participation of other issuers to be designated as Colorado education
41-savings bonds or certificates; and to vest such authority with powers to
42-enable such authority to accomplish such purposes; It is not the intent of the
43-general assembly to authorize the authority to operate any such educational
44-or cultural facility.
45-SECTION 2. In Colorado Revised Statutes, 23-15-103, amend
46-(8.5)(a)(I)(A) and (8.5)(a)(II)(A) as follows:
47-23-15-103. Definitions. As used in this article, unless the context
48-otherwise requires:
49-(8.5) (a) (I) (A) "Facility", in the case of a participating educational
50-institution, means any structure or building suitable for use as a housing
51-facility, an instructional facility, an administration building, a research
52-facility, a laboratory, a maintenance, storage, or utility facility, an
53-auditorium, a dining hall, a food service and preparation facility, a mental
54-or physical health-care facility, a recreational facility,
55-A HOTEL, or a student
56-center facility or any other structure or facility required or useful for the
57-operation of an educational institution, including, but not limited to:
106+2
107+(1)(a) as follows:3
108+23-15-102. Legislative declaration. (1) The general assembly4
109+hereby finds and declares that:5
110+(a) It is the intent of the general assembly to create the Colorado6
111+educational and cultural facilities authority to lend money to educational7
112+institutions and cultural institutions; to authorize the authority to acquire,8
113+construct, reconstruct, repair, alter, improve, extend, own, lease, and9
114+dispose of properties to the end that the authority may be able to promote10
115+the welfare of the people of this state; to authorize the authority to11
116+administer the Colorado education savings program; to permit the bonds12
117+or certificates of participation of the authority and the bonds or13
118+certificates of participation of other issuers to be designated as Colorado14
119+education savings bonds or certificates; and to vest such authority with15
120+powers to enable such authority to accomplish such purposes; It is not the16
121+intent of the general assembly to authorize the authority to operate any17
122+such educational or cultural facility.18
123+SECTION 2. In Colorado Revised Statutes, 23-15-103, amend19
124+(8.5)(a)(I)(A) and (8.5)(a)(II)(A) as follows:20
125+23-15-103. Definitions. As used in this article, unless the context21
126+1295-3- otherwise requires:1
127+(8.5) (a) (I) (A) "Facility", in the case of a participating2
128+educational institution, means any structure or building suitable for use3
129+as a housing facility, an instructional facility, an administration building,4
130+a research facility, a laboratory, a maintenance, storage, or utility facility,5
131+an auditorium, a dining hall, a food service and preparation facility, a6
132+mental or physical health-care facility, a recreational facility,
133+A HOTEL, or
134+7
135+a student center facility or any other structure or facility required or useful8
136+for the operation of an educational institution, including, but not limited9
137+to: Offices, parking lots and garages,
138+EATING OR DRINKING
139+10
140+ESTABLISHMENTS, GIFT SHOPS, LODGING, and other supporting service11
141+structures; any equipment, furnishings, and appurtenances necessary or12
142+useful in the operation of a participating educational institution; and the13
143+acquisition, preparation, and development of all real and personal14
144+property necessary or convenient as a site or sites for any such structure15
145+or facility.16
146+(II) (A) "Facility", in the case of a cultural institution, means any17
147+property that is suitable for the particular purposes of a cultural18
148+institution, including, without limitation, any such property suitable for19
149+use as or in connection with the operation of any one or more of the20
150+following: An administrative facility, an aquarium, an assembly hall, an21
151+auditorium, a botanical garden, an exhibition or performance hall or22
152+structure, a gallery, a greenhouse, a library, a museum, a scientific23
153+laboratory,
154+A FILM CENTER, A HOTEL, a housing facility that serves the
155+24
156+cultural needs of its residents and is being financed as part of a multistate25
157+program of financing educational or cultural facilities under this article,26
158+a theater, or a zoological facility; and also including, without limitation,27
159+1295
160+-4- the books, works of art or music, and the animal, plant, or aquatic life or1
161+other items contained therein for display, exhibition, or performance. The2
162+term "facility" includes any other structure or facility required or useful3
163+for the operation of a cultural institution including, but not limited to,4
58164 offices, parking lots and garages,
59165 EATING OR DRINKING ESTABLISHMENTS ,
60-GIFT SHOPS, LODGING, and other supporting service structures; any
61-equipment, furnishings, and appurtenances necessary or useful in the
62-operation of a participating educational institution; and the acquisition,
63-preparation, and development of all real and personal property necessary or
64-convenient as a site or sites for any such structure or facility.
65-(II) (A) "Facility", in the case of a cultural institution, means any
66-property that is suitable for the particular purposes of a cultural institution,
67-including, without limitation, any such property suitable for use as or in
68-PAGE 2-HOUSE BILL 24-1295 connection with the operation of any one or more of the following: An
69-administrative facility, an aquarium, an assembly hall, an auditorium, a
70-botanical garden, an exhibition or performance hall or structure, a gallery,
71-a greenhouse, a library, a museum, a scientific laboratory,
72-A FILM CENTER,
73-A HOTEL, a housing facility that serves the cultural needs of its residents and
74-is being financed as part of a multistate program of financing educational
75-or cultural facilities under this article, a theater, or a zoological facility; and
76-also including, without limitation, the books, works of art or music, and the
77-animal, plant, or aquatic life or other items contained therein for display,
78-exhibition, or performance. The term "facility" includes any other structure
79-or facility required or useful for the operation of a cultural institution
80-including, but not limited to, offices, parking lots and garages,
81-EATING OR
82-DRINKING ESTABLISHMENTS
83-, GIFT SHOPS, LODGING, and other supporting
84-service structures; any equipment, furnishings, and appurtenances necessary
85-or useful in the operation of a cultural institution; and the acquisition,
86-preparation, and development of all real and personal property necessary or
87-convenient as a site or sites for any such structure or facility. The term
88-"facility" also includes buildings on the national register of historic places
89-which are owned and
90- OR operated by nonprofit OR GOVERNMENTAL entities,
91-INCLUDING THE AUTHORITY.
92-SECTION 3. In Colorado Revised Statutes, 23-15-107, amend (1)
93-introductory portion, (1)(v), and (2); and add (1)(w) as follows:
94-23-15-107. General powers of the authority. (1) In addition to
95-any other powers granted to the authority by this article 15, the authority
96-shall have
97- HAS the following powers:
98-(v) To designate as Colorado education savings bonds or certificates
99-the bonds or certificates of participation of issuers other than the authority
100-if the issuer has applied for such designation and the authority has
101-determined that such instruments satisfy the criteria established in section
102-23-15-110.5 (2);
166+5
167+GIFT SHOPS, LODGING, and other supporting service structures; any6
168+equipment, furnishings, and appurtenances necessary or useful in the7
169+operation of a cultural institution; and the acquisition, preparation, and8
170+development of all real and personal property necessary or convenient as9
171+a site or sites for any such structure or facility. The term "facility" also10
172+includes buildings on the national register of historic places which are11
173+owned and OR operated by nonprofit OR GOVERNMENTAL entities,12
174+INCLUDING THE AUTHORITY.13
175+SECTION 3. In Colorado Revised Statutes, 23-15-107, amend14
176+(1) introductory portion, (1)(v), and (2); and add (1)(w) as follows:15
177+23-15-107. General powers of the authority. (1) In addition to16
178+any other powers granted to the authority by this article 15, the authority17
179+shall have HAS the following powers:18
180+(v) To designate as Colorado education savings bonds or19
181+certificates the bonds or certificates of participation of issuers other than20
182+the authority if the issuer has applied for such designation and the21
183+authority has determined that such instruments satisfy the criteria22
184+established in section 23-15-110.5 (2);
103185 AND
104-(w) TO ESTABLISH AND ADMINISTER ONE OR MORE FUNDS FOR
105-LOANS
106-, REVOLVING LOANS, OR GRANTS TO SUPPORT CAPITAL PROJECTS FOR
107-FACILITIES
108-, AS WELL AS OPERATIONS, MAINTENANCE, PROGRAMMING AND
109-OTHER ENDEAVORS
110-, FOR CULTURAL INSTITUTIONS AND EDUCATIONAL
111-INSTITUTIONS FROM ANY SOURCES THAT MAY BE AVAILABLE TO THE
112-AUTHORITY FOR ITS GENERAL PURPOSES
113-, INCLUDING BUT NOT LIMITED TO
114-PAGE 3-HOUSE BILL 24-1295 NET FACILITY REVENUES, GRANTS, GIFTS, OR FEES.
115-(2) The authority shall not have HAS the power to operate a facility
116-as a business, EITHER DIRECTLY OR INDIRECTLY THROUGH CONTRACTS FOR
117-THE MANAGEMENT AND OPERATION OF A FACILITY
118-, or other than
119- as a lessee
120-or lessor. I
121-F THE AUTHORITY OPERATES A FACILITY, THE AUTHORITY MUST
122-DIRECT ALL NET REVENUE FROM THE FACILITY TO THE PURPOSES SET FORTH
123-IN THIS ARTICLE
124-15. IN ORDER TO ISOLATE OPERATING RISK ON A
125-PROJECT
126--BY-PROJECT BASIS, THE AUTHORITY HAS THE POWER TO ESTABLISH,
127-OR ADOPT A RESOLUTION APPROVING THE ESTABLISHMENT OF , ONE OR MORE
128-SUBSIDIARY CONTROLLED ENTITIES
129-. SUCH A CONTROLLED ENTITY ENJOYS
130-AND IS ENTITLED TO THE SAME POWERS
131-, PRIVILEGES, AND IMMUNITIES AS
132-THE AUTHORITY SO LONG AS
133-:
186+23
187+(w) T
188+O ESTABLISH AND ADMINISTER ONE OR MORE FUNDS FOR
189+24
190+LOANS, REVOLVING LOANS, OR GRANTS TO SUPPORT CAPITAL PROJECTS25
191+FOR FACILITIES, AS WELL AS OPERATIONS, MAINTENANCE, PROGRAMMING26
192+AND OTHER ENDEAVORS, FOR CULTURAL INSTITUTIONS AND EDUCATIONAL27
193+1295
194+-5- INSTITUTIONS FROM ANY SOURCES THAT MAY BE AVAILABLE TO THE1
195+AUTHORITY FOR ITS GENERAL PURPOSES , INCLUDING BUT NOT LIMITED TO2
196+NET FACILITY REVENUES, GRANTS, GIFTS, OR FEES.3
197+(2) The authority shall not have HAS the power to operate a facility4
198+as a business, EITHER DIRECTLY OR INDIRECTLY THROUGH CONTRACTS FOR5
199+THE MANAGEMENT AND OPERATION OF A FACILITY , or other than as a6
200+lessee or lessor. I
201+F THE AUTHORITY OPERATES A FACILITY, THE AUTHORITY
202+7
203+MUST DIRECT ALL NET REVENUE FROM THE FACILITY TO THE PURPOSES SET8
204+FORTH IN THIS ARTICLE 15. IN ORDER TO ISOLATE OPERATING RISK ON A9
205+PROJECT-BY-PROJECT BASIS, THE AUTHORITY HAS THE POWER TO10
206+ESTABLISH, OR ADOPT A RESOLUTION APPROVING THE ESTABLISHMENT OF ,11
207+ONE OR MORE SUBSIDIARY CONTROLLED ENTITIES . SUCH A CONTROLLED12
208+ENTITY ENJOYS AND IS ENTITLED TO THE SAME POWERS , PRIVILEGES, AND13
209+IMMUNITIES AS THE AUTHORITY SO LONG AS :14
134210 (a) T
135-HE CONTROLLED ENTITY IS A NONPROFIT CORPORATION , LIMITED
136-LIABILITY COMPANY
137-, LIMITED LIABILITY LIMITED PARTNERSHIP, OR OTHER
138-ENTITY FORMED PURSUANT TO STATE LAW AND THE AUTHORITY IS THE SOLE
139-MEMBER OR PARTNER OF THE ENTITY
140-;
211+HE CONTROLLED ENTITY IS A NONPROFIT CORPORATION ,
212+15
213+LIMITED LIABILITY COMPANY, LIMITED LIABILITY LIMITED PARTNERSHIP,16
214+OR OTHER ENTITY FORMED PURSUANT TO STATE LAW AND THE AUTHORITY17
215+IS THE SOLE MEMBER OR PARTNER OF THE ENTITY ;18
141216 (b) T
142217 HE AUTHORITY APPOINTS THE GOVERNING BODY OF OR AN
143-AGENT TO OVERSEE THE CONTROLLED ENTITY AND MAY REMOVE A MEMBER
144-OF THE GOVERNING BODY OR AGENT
145-;
218+19
219+AGENT TO OVERSEE THE CONTROLLED ENTITY AND MAY REMOVE A20
220+MEMBER OF THE GOVERNING BODY OR AGENT ;21
146221 (c) A
147222 NY REVENUE OF THE CONTROLLED ENTITY THAT IS NOT
148-REQUIRED TO PAY ITS EXPENSES AND OBLIGATIONS AND TO FUND RESERVES
149-FOR SUCH EXPENSES AND OBLIGATIONS AND
150-, UPON DISSOLUTION OF THE
151-CONTROLLED ENTITY
152-, ANY ASSETS OF THE CONTROLLED ENTITY NOT
153-REQUIRED TO PAY ITS EXPENSES AND OBLIGATIONS MUST BE DISTRIBUTED TO
154-OR AT THE DIRECTION OF THE AUTHORITY AND SHALL NOT BE USED FOR OR
155-ACCRUE TO THE BENEFIT OF ANY PRIVATE INTERESTS
156-; AND
157-(d) THE AUTHORITY MAY LOAN PROCEEDS FROM BONDS ISSUED BY
158-THE AUTHORITY TO THE CONTROLLED ENTITY
159-.
160-SECTION 4. In Colorado Revised Statutes, 24-48.5-317, amend
161-(2)(a)(V), (2)(a)(VI), (4) introductory portion, (8)(a), and (9); repeal (2)(b);
162-and add (2)(a)(VII) as follows:
163-24-48.5-317. Community revitalization grants - fund - reporting
164-- compliance with federal requirements - legislative declaration -
165-PAGE 4-HOUSE BILL 24-1295 definitions - repeal. (2) (a) The community revitalization grant program
166-is hereby established in the division. The purpose of the grant program is to
167-provide state assistance in the form of grant awards to finance various
168-projects across the state that are intended to create or revitalize mixed-use
169-commercial centers. The grant program is intended to support creative
170-projects in these commercial centers that would combine revitalized or
171-newly constructed commercial spaces with public or community spaces
172-including but not limited to such projects as:
173-(V) The renovation or refurbishment of vacant or blighted property
174-for creative industries, economic development, or historic preservation
175-purposes; and
176-(VI) Child care centers; AND
177-(VII) PROJECTS THAT ARE ELIGIBLE FOR FUNDING UNDER THE SPACE
178-TO CREATE
179-COLORADO PROGRAM ADMINISTERED BY THE DIVISION .
180-(b) All grants awarded under this section must be encumbered notlater than December 31, 2022.
181-(4) On or before September 1, 2021, DECEMBER 1, 2024, the
182-director of the division, in consultation with the director of the division of
183-local government, or their designees, shall adopt policies, procedures, and
184-guidelines for the grant program that include without limitation:
185-(8) (a) On or before November 1, 2022
186- NOVEMBER 1, 2024, and on
187-or before November 1, 2023 NOVEMBER 1, 2026, the division shall publish
188-a report summarizing the use of all of the money that was awarded as grants
189-under the grant program in the preceding fiscal year. At a minimum, the
190-report shall specify the amount of grant money distributed to each grant
191-recipient and a description of each grant recipient's use of the grant money.
192-The report must be posted on the website of the office of economic
193-development created in section 24-48.5-101.
194-(9) This section is
195- WILL BE repealed effective January 1, 2025 IF ALL
196-MONEY TRANSFERRED OR OTHERWISE CREDITED TO THE COMMUNITY
197-REVITALIZATION FUND PURSUANT TO THIS SECTION IS EXPENDED
198-. THE
199-DIRECTOR OF THE DIVISION SHALL NOTIFY THE REVISOR OF STATUTES IN
200-WRITING OF THE DATE WHEN THE CONDITION SPECIFIED IN THIS SUBSECTION
201-PAGE 5-HOUSE BILL 24-1295 (9) HAS OCCURRED BY E -MAILING THE NOTICE TO
202-REVISOROFSTATUTES
203-.GA@COLEG.GOV. THIS SECTION IS REPEALED ,
204-EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT ALL MONEY
205-TRANSFERRED OR OTHERWISE CREDITED TO THE COMMUNITY
206-REVITALIZATION FUND PURSUANT TO THIS SECTION IS EXPENDED
207-, OR, IF THE
208-NOTICE DOES NOT SPECIFY THAT DATE
209-, UPON THE DATE OF THE NOTICE TO
210-THE REVISOR OF STATUTES
211-.
212-SECTION 5. In Colorado Revised Statutes, 24-75-402, amend
213-(5)(ccc) and (5)(ddd); and add (5)(kkk) as follows:
214-24-75-402. Cash funds - limit on uncommitted reserves -
215-reduction in the amount of fees - exclusions - definitions.
216-(5) Notwithstanding any provision of this section to the contrary, the
217-following cash funds are excluded from the limitations specified in this
218-section:
219-(ccc) The wildfire resiliency code board cash fund created in section
220-24-33.5-1236 (8); and
221-(ddd) The closed landfill remediation grant program fund created in
222-section 30-20-124 (8);
223-AND
224-(kkk) THE COMMUNITY REVITALIZATION TAX CREDIT PROGRAM CASH
225-FUND CREATED IN SECTION
226-39-22-569 (13).
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
231-performance statement - legislative declaration - definitions - repeal.
223+22
224+REQUIRED TO PAY ITS EXPENSES AND OBLIGATIONS AND TO FUND23
225+RESERVES FOR SUCH EXPENSES AND OBLIGATIONS AND , UPON DISSOLUTION24
226+OF THE CONTROLLED ENTITY, ANY ASSETS OF THE CONTROLLED ENTITY25
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
232304 (1) Tax preference performance statement. I
233-N ACCORDANCE WITH
234-SECTION
235-39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW
236-TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE
237-STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION
238-, THE
239-GENERAL ASSEMBLY FINDS AND DECLARES THAT
240-:
305+N ACCORDANCE WITH14
306+SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW15
307+TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE16
308+STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION , THE17
309+GENERAL ASSEMBLY FINDS AND DECLARES THAT :18
241310 (a) T
242-HE GENERAL LEGISLATIVE PURPOSES OF THE TAX CREDIT
243-ALLOWED BY THIS SECTION ARE
244-:
245-PAGE 6-HOUSE BILL 24-1295 (I) TO INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS ; AND
246-(II) TO PROVIDE TAX RELIEF FOR CERTAIN BUSINESSES OR
247-INDIVIDUALS
248-;
311+HE GENERAL LEGISLATIVE PURPOSES OF THE TAX CREDIT19
312+ALLOWED BY THIS SECTION ARE:20
313+(I) T
314+O INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS ;21
315+AND22
316+(II) T
317+O PROVIDE TAX RELIEF FOR CERTAIN BUSINESSES OR23
318+INDIVIDUALS;24
249319 (b) T
250-HE SPECIFIC LEGISLATIVE PURPOSE OF THE TAX CREDIT
251-ALLOWED BY THIS SECTION IS TO REVITALIZE COMMUNITIES BY PROVIDING
252-FINANCIAL SUPPORT AND A FINANCIAL INCENTIVE FOR CAPITAL
253-IMPROVEMENT PROJECTS IN CREATIVE DISTRICTS THAT SUPPORT CREATIVE
254-INDUSTRIES AND CREATIVE INDUSTRY WORKERS BY PROVIDING AFFORDABLE
255-HOUSING AND LIVE
256--WORK SPACES FOR SUCH WORKERS AND OTHER
257-MIXED
258--USE AND CREATIVE-USE SPACES FOR BOTH SUCH WORKERS AND THE
259-GENERAL PUBLIC THAT ENJOYS AND BENEFITS FROM THEIR WORK
260-.
320+HE SPECIFIC LEGISLATIVE PURPOSE OF THE TAX CREDIT25
321+ALLOWED BY THIS SECTION IS TO REVITALIZE COMMUNITIES BY PROVIDING26
322+FINANCIAL SUPPORT AND A FINANCIAL INCENTIVE FOR CAPITAL27
323+1295
324+-9- IMPROVEMENT PROJECTS IN CREATIVE DISTRICTS THAT SUPPORT CREATIVE1
325+INDUSTRIES AND CREATIVE INDUSTRY WORKERS BY PROVIDING2
326+AFFORDABLE HOUSING AND LIVE -WORK SPACES FOR SUCH WORKERS AND3
327+OTHER MIXED-USE AND CREATIVE-USE SPACES FOR BOTH SUCH WORKERS4
328+AND THE GENERAL PUBLIC THAT ENJOYS AND BENEFITS FROM THEIR WORK .5
261329 (c) T
262-HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL
263-MEASURE THE EFFECTIVENESS OF THE TAX CREDIT IN ACHIEVING THE
264-PURPOSES SPECIFIED IN SUBSECTIONS
265- (2)(a) AND (2)(b) OF THIS SECTION
266-BASED ON THE INFORMATION REQUIRED TO BE MAINTAINED BY AND
267-REPORTED BY THE OFFICE PURSUANT TO SUBSECTION
268-(11) OF THIS SECTION.
330+HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL6
331+MEASURE THE EFFECTIVENESS OF THE TAX CREDIT IN ACHIEVING THE7
332+PURPOSES SPECIFIED IN SUBSECTIONS (2)(a) AND (2)(b) OF THIS SECTION8
333+BASED ON THE INFORMATION REQUIRED TO BE MAINTAINED BY AND9
334+REPORTED BY THE OFFICE PURSUANT TO SUBSECTION (11) OF THIS10
335+SECTION.11
269336 (2) Definitions. A
270-S USED IN THIS SECTION, UNLESS THE CONTEXT
271-OTHERWISE REQUIRES
272-:
337+S USED IN THIS SECTION, UNLESS THE CONTEXT12
338+OTHERWISE REQUIRES:13
273339 (a) "A
274-PPLICATION" MEANS AN APPLICATION IN THE FORM AND
275-MANNER APPROVED BY THE OFFICE FOR THE CREDIT ALLOWED IN THIS
276-SECTION THAT INCLUDES THE PROJECT PLAN AND ESTIMATED ELIGIBLE
277-EXPENDITURES
278-.
340+PPLICATION" MEANS AN APPLICATION IN THE FORM AND14
341+MANNER APPROVED BY THE OFFICE FOR THE CREDIT ALLOWED IN THIS15
342+SECTION THAT INCLUDES THE PROJECT PLAN AND ESTIMATED ELIGIBLE16
343+EXPENDITURES.17
279344 (b) "C
280-REATIVE DISTRICT" HAS THE SAME MEANING AS SET FORTH IN
281-SECTION
282-24-48.5-314 (2)(b).
345+REATIVE DISTRICT" HAS THE SAME MEANING AS SET FORTH18
346+IN SECTION 24-48.5-314 (2)(b).19
283347 (c) "D
284-EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .
348+EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .20
285349 (d) "E
286-LIGIBLE EXPENDITURES" MEANS REASONABLE AND NECESSARY
287-EXPENDITURES
288-, IN ACCORDANCE WITH GUIDELINES DEVELOPED BY THE
289-OFFICE
290-, ACTUALLY PAID BY A TAXPAYER IN COMPLETING AN ELIGIBLE
291-PROJECT
292-.
350+LIGIBLE EXPENDITURES" MEANS REASONABLE AND21
351+NECESSARY EXPENDITURES , IN ACCORDANCE WITH GUIDELINES22
352+DEVELOPED BY THE OFFICE , ACTUALLY PAID BY A TAXPAYER IN23
353+COMPLETING AN ELIGIBLE PROJECT.24
293354 (e) "E
294-LIGIBLE PROJECT" MEANS A CAPITAL IMPROVEMENT PROJECT
295-UNDERTAKEN IN THE STATE WITHIN A CREATIVE DISTRICT
296-, A HISTORIC
297-PAGE 7-HOUSE BILL 24-1295 DISTRICT, OR A NEIGHBORHOOD COMMERCIAL CENTER OR ON A MAIN STREET
298-THAT INVOLVES THE CONSTRUCTION
299-, REHABILITATION, CONVERSION,
300-REMODELING, OR OTHER IMPROVEMENT OF ONE OR MORE BUILDINGS ,
301-STRUCTURES, OR FACILITIES FOR USES THAT SUPPORT CREATIVE INDUSTRIES
302-AND CREATIVE INDUSTRY WORKERS
303-, INCLUDING AFFORDABLE HOUSING AND
304-LIVE
305--WORK SPACES FOR SUCH WORKERS AND OTHER MIXED -USE,
306-CREATIVE-USE, PERFORMANCE, AND EXHIBITION SPACES FOR SUCH WORKERS
307-AND FOR THE GENERAL PUBLIC AND THAT IS APPROVED BY THE OFFICE IN
308-ACCORDANCE WITH THE POLICIES
309-, PROCEDURES, AND GUIDELINES FOR THE
310-IMPLEMENTATION AND ADMINISTRATION OF THE TAX CREDIT ALLOWED BY
311-THIS SECTION ADOPTED BY THE OFFICE PURSUANT TO SUBSECTION
312-(12) OF
313-THIS SECTION
314-.
355+LIGIBLE PROJECT" MEANS A CAPITAL IMPROVEMENT PROJECT25
356+UNDERTAKEN IN THE STATE WITHIN A CREATIVE DISTRICT , A HISTORIC26
357+DISTRICT, OR A NEIGHBORHOOD COMMERCIAL CENTER OR ON A MAIN27
358+1295
359+-10- STREET THAT INVOLVES THE CONSTRUCTION , REHABILITATION,1
360+CONVERSION, REMODELING, OR OTHER IMPROVEMENT OF ONE OR MORE2
361+BUILDINGS, STRUCTURES, OR FACILITIES FOR USES THAT SUPPORT3
362+CREATIVE INDUSTRIES AND CREATIVE INDUSTRY WORKERS , INCLUDING4
363+AFFORDABLE HOUSING AND LIVE -WORK SPACES FOR SUCH WORKERS AND5
364+OTHER MIXED-USE, CREATIVE-USE, PERFORMANCE, AND EXHIBITION6
365+SPACES FOR SUCH WORKERS AND FOR THE GENERAL PUBLIC AND THAT IS7
366+APPROVED BY THE OFFICE IN ACCORDANCE WITH THE POLICIES ,8
367+PROCEDURES, AND GUIDELINES FOR THE IMPLEMENTATION AND9
368+ADMINISTRATION OF THE TAX CREDIT ALLOWED BY THIS SECTION ADOPTED10
369+BY THE OFFICE PURSUANT TO SUBSECTION (12) OF THIS SECTION.11
315370 (f) "O
316-FFICE" MEANS THE OFFICE OF ECONOMIC DEVELOPMENT .
371+FFICE" MEANS THE OFFICE OF ECONOMIC DEVELOPMENT .12
317372 (g) (I) "Q
318-UALIFIED APPLICANT" MEANS A PERSON THAT:
373+UALIFIED APPLICANT" MEANS A PERSON THAT:13
319374 (A) H
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
328600 (II) A
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
363712 (b) T
364-HE OFFICE SHALL REVIEW ALL SUBMITTED APPLICATIONS TO :
365-(I) D
366-ETERMINE WHETHER THE APPLICANT IS A QUALIFIED APPLICANT ;
367-(II) D
368-ETERMINE WHETHER THE APPLICATION IS COMPLETE AND
369-INCLUDES A PROPERTY ADDRESS
370-, LEGAL DESCRIPTION, OR OTHER SPECIFIC
371-LOCATION IDENTIFIER
372-;
373-(III) M
374-AKE A PRELIMINARY DETERMINATION WHETHER THE PROJECT
375-PLAN IS A PLAN FOR AN ELIGIBLE PROJECT BASED ON THE POLICIES AND
376-PROCEDURES DEVELOPED BY THE OFFICE PURSUANT TO SUBSECTION
377-(12) OF
378-THIS SECTION
379-;
380-(IV) D
381-ETERMINE WHETHER THE ELIGIBLE PROJECT IS ENTITLED TO A
382-TAX CREDIT RESERVATION AS SPECIFIED IN SUBSECTION
383-(6) OF THIS SECTION;
384-(V) O
385-NCE THE ELIGIBLE PROJECT IS PLACED IN SERVICE , MAKE A
386-FINAL DETERMINATION WHETHER THE PROJECT IS AN ELIGIBLE PROJECT
387-BASED ON THE POLICIES AND PROCEDURES DEVELOPED BY THE OFFICE
388-PURSUANT TO SUBSECTION
389-(12) OF THIS SECTION; AND
390-(VI) IF THE PROJECT IS AN ELIGIBLE PROJECT, REVIEW THE CERTIFIED
391-ELIGIBLE EXPENDITURES AND
392-, IF APPROVED, ISSUE A CREDIT CERTIFICATE TO
393-THE QUALIFIED APPLICANT
394-, AS SPECIFIED IN SUBSECTION (7) OF THIS
395-SECTION
396-.
713+HE POTENTIAL INCREASE IN TAX REQUIRED PURSUANT TO16
714+SUBSECTION (10)(a) OF THIS SECTION DOES NOT APPLY:17
715+(I) I
716+F A BUILDING, STRUCTURE, OR FACILITY IS NOT AN ELIGIBLE18
717+PROJECT AS A RESULT OF A CASUALTY LOSS IF THE LOSS IS RESTORED BY19
718+RECONSTRUCTION OR REPLACEMENT WITHIN A REASONABLE PERIOD20
719+ESTABLISHED BY THE OFFICE; OR21
720+(II) S
721+OLELY BY REASON OF THE DISPOSITION OF A BUILDING ,22
722+STRUCTURE, OR FACILITY, OR AN INTEREST THEREIN, IF IT IS REASONABLY23
723+EXPECTED THAT THE BUILDING, STRUCTURE, OR FACILITY WILL CONTINUE24
724+TO BE OPERATED AS AN ELIGIBLE PROJECT FOR THE REMAINDER OF THE25
725+COMPLIANCE PERIOD.26
726+(c) (I) T
727+HE OFFICE SHALL ESTABLISH REPORTING REQUIREMENTS27
728+1295
729+-21- TO MONITOR COMPLIANCE WITH THIS SUBSECTION (10), INCLUDING1
730+REQUIREMENTS REGARDING THE REPORTING OF A DISPOSITION OF A2
731+BUILDING, STRUCTURE, OR FACILITY BY THE QUALIFIED APPLICANT AND3
732+THE REPORTING REQUIRED FOR SUCH A BUILDING , STRUCTURE, OR4
733+FACILITY FOR THE REMAINDER OF THE COMPLIANCE PERIOD .5
734+(II) I
735+F A DISPUTE ARISES ABOUT WHETHER A BUILDING ,6
736+STRUCTURE, OR FACILITY IS AN ELIGIBLE PROJECT, THE OFFICE SHALL7
737+ADJUDICATE THE DISPUTE AND NOTIFY THE DEPARTMENT OF THE8
738+RESOLUTION.9
739+(III) N
740+OTWITHSTANDING SECTION 39-21-107 (2), IF A BUILDING,10
741+STRUCTURE, OR FACILITY, OR AN INTEREST THEREIN, IS DISPOSED OF11
742+DURING ANY TAXABLE YEAR DURING THE COMPLIANCE PERIOD , AND12
743+THEREAFTER THE BUILDING, STRUCTURE, OR FACILITY IS NOT AN ELIGIBLE13
744+PROJECT:14
745+(A) T
746+HE QUALIFIED APPLICANT SHALL ADD THE FULL AMOUNT OF15
747+THE CREDIT TO ITS RETURN AS A RECAPTURED CREDIT FOR THE TAXABLE16
748+YEAR IN WHICH THE CREDIT IS DISALLOWED PURSUANT TO THIS17
749+SUBSECTION (10) NOTWITHSTANDING THE DISPOSITION OF THE QUALIFIED18
750+RESIDENTIAL STRUCTURE;19
751+(B) T
752+HE STATUTORY PERIOD FOR THE ASSESSMENT OF ANY20
753+DEFICIENCY WITH RESPECT TO THE DISALLOWED CREDIT MUST NOT EXPIRE21
754+BEFORE THE EXPIRATION OF THREE YEARS FROM THE DATE THE OFFICE IS22
755+NOTIFIED, IN SUCH A MANNER AS THE OFFICE DETERMINES , THAT THE23
756+STRUCTURE IS NOT A QUALIFIED RESIDENTIAL STRUCTURE ; AND24
397757 (C) T
398-HE OFFICE SHALL MAKE THE DETERMINATIONS SPECIFIED IN
399-SUBSECTIONS
400- (4)(b)(I) TO (4)(b)(V) OF THIS SECTION WITHIN NINETY DAYS
401-OF THE DATE THE OFFICE RECEIVES THE APPLICATION
402-.
403-(d) (I) I
404-F THE OFFICE DETERMINES THAT AN APPLICATION IS
405-PAGE 9-HOUSE BILL 24-1295 INCOMPLETE OR THAT IT IS UNABLE TO MAKE THE DETERMINATIONS
406-SPECIFIED IN SUBSECTIONS
407- (4)(b)(I) TO (4)(b)(V) OF THIS SECTION, THE
408-OFFICE SHALL NOTIFY THE APPLICANT IN WRITING OF THE OFFICE
409-'S DECISION
410-AND SHALL REMOVE THE APPLICATION FROM THE REVIEW PROCESS
411-.
412-(II) I
413-F AN APPLICANT RESUBMITS AN APPLICATION , THE OFFICE MAY
414-CHARGE A NEW APPLICATION FEE IN AN AMOUNT SPECIFIED IN SUBSECTION
415-(5) OF THIS SECTION.
416-(5) Application and issuance fees. (a) (I) F
417-OR AN APPLICATION FOR
418-WHICH THE AMOUNT OF THE TAX CREDIT REQUESTED BY AN APPLICANT
419-PURSUANT TO THIS SECTION IS TWO HUNDRED FIFTY THOUSAND DOLLARS OR
420-MORE
421-, THE OFFICE MAY IMPOSE A REASONABLE APPLICATION FEE ON AN
422-APPLICANT THAT DOES NOT EXCEED FIVE HUNDRED DOLLARS
423-.
424-(II)
425- FOR AN APPLICATION FOR WHICH THE AMOUNT OF THE TAX
426-CREDIT REQUESTED BY AN APPLICANT PURSUANT TO THIS SECTION IS LESS
427-THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
428-, THE OFFICE MAY IMPOSE
429-A REASONABLE APPLICATION FEE ON AN APPLICANT THAT DOES NOT EXCEED
430-TWO HUNDRED DOLLARS
431-.
758+HE DEPARTMENT SHALL ASSESS ANY DEFICIENCY BEFORE THE25
759+EXPIRATION OF SUCH THREE -YEAR PERIOD TOGETHER WITH ANY26
760+APPLICABLE INTEREST AND PENALTY IMPOSED PURS UANT TO THIS ARTICLE27
761+1295
762+-22- 22.1
763+(d) A
764+S USED IN THIS SUBSECTION (10), UNLESS THE CONTEXT2
765+OTHERWISE REQUIRES, "COMPLIANCE PERIOD" MEANS THE PERIOD OF3
766+FIFTEEN YEARS FOLLOWING THE TAXABLE YEAR IN WHICH THE QUALIFIED4
767+APPLICANT PLACED THE ELIGIBLE PROJECT IN SERVICE .5
768+(11) Reporting. (a) N
769+O LATER THAN DECEMBER 31, 2027, AND,6
770+NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136 (11)(a)(I), NO7
771+LATER THAN DECEMBER 31 OF EACH YEAR THEREAFTER THROUGH 2033,8
772+THE OFFICE SHALL PROVIDE A WRITTEN REPORT TO THE GENERAL9
773+ASSEMBLY AND SHALL FURTHER MAKE THE REPORT AVAILABLE TO THE10
774+PUBLIC. IN CONNECTION WITH TAX CREDITS ISSUED PURSUANT TO THIS11
775+SECTION, THE REPORT MUST INCLUDE:12
776+(I) T
777+HE NUMBER OF ELIGIBLE PROJECTS PLACED IN SERVICE ;13
778+(II) A
779+ DESCRIPTION OF THE USE OR USES OF EACH ELIGIBLE14
780+PROJECT AND A STATEWIDE SUMMARY OF THE NUMBER OF ELIGIBLE15
781+PROJECTS FOR EACH USE;16
782+(III) F
783+OR ELIGIBLE PROJECTS THAT CREATE AFFORDABLE HOUSING17
784+OR LIVE-WORK SPACES FOR CREATIVE INDUSTRY WORKERS , THE NUMBER18
785+OF AFFORDABLE HOUSING OR LIVE-WORK UNITS PLANNED OR CREATED ;19
786+(IV) T
787+HE OCCUPANCY RATE OF CREATED AFFORDABLE HOUSING20
788+AND LIVE-WORK UNITS;21
789+(V) T
790+HE COUNTIES IN WHICH QUALIFIED COMMERCIAL STRUCTURES22
791+WERE CONVERTED TO QUALIFIED COMMERCIAL RESIDENTIAL STRUCTURES ;23
792+AND24
793+(VI) T
794+HE AMOUNT OF ANY DISALLOWED TAX CREDIT RECAPTURED25
795+PURSUANT TO SUBSECTION (10) OF THIS SECTION.26
432796 (b) T
433-HE OFFICE MAY IMPOSE ON A QUALIFIED APPLICANT A
434-REASONABLE ISSUANCE FEE OF UP TO THREE PERCENT OF THE AMOUNT OF
435-THE TAX CREDIT SPECIFIED ON THE TAX CREDIT CERTIFICATE ISSUED BY THE
436-OFFICE AS SPECIFIED IN SUBSECTION
437-(7) OF THIS SECTION, WHICH MUST BE
438-PAID BEFORE THE TAX CREDIT CERTIFICATE IS ISSUED TO THE QUALIFIED
439-APPLICANT
440-.
441-(c) A
442-NY FEE REVENUE COLLECTED PURSUANT TO THIS SUBSECTION
443-(5) MUST BE CREDITED TO THE COMMUNITY REVITALIZATION TAX CREDIT
444-PROGRAM CASH FUND CREATED IN SUBSECTION
445-(13) OF THIS SECTION AND
446-APPLIED TO THE ADMINISTRATION OF THE TAX CREDIT CREATED BY THIS
447-SECTION
448-.
449-(6) Tax credit reservation. (a) B
450-ASED ON THE FACTORS SPECIFIED
451-IN SUBSECTION
452- (6)(d) OF THIS SECTION, THE OFFICE MAY DETERMINE THAT
453-A QUALIFIED APPLICANT IS ENTITLED TO A TAX CREDIT RESERVATION IN
454-ACCORDANCE WITH THE PROVISIONS OF THIS SECTION
455-. THE OFFICE SHALL
456-ISSUE TAX CREDIT RESERVATIONS SUBJECT TO THE LIMITATIONS SET FORTH
457-IN THIS SUBSECTION
458-(6) AND IN ACCORDANCE WITH THE POLICIES AND
459-PAGE 10-HOUSE BILL 24-1295 PROCEDURES ESTABLISHED PURSUANT TO SUBSECTION (12) OF THIS SECTION.
460-T
461-HE OFFICE SHALL NOT ISSUE TAX CREDIT RESERVATIONS AFTER JANUARY
462-1, 2030.
463-(b) I
464-F THE OFFICE RESERVES A TAX CREDIT FOR THE BENEFIT OF A
465-QUALIFIED APPLICANT
466-, THE OFFICE SHALL NOTIFY THE QUALIFIED APPLICANT
467-IN WRITING OF THE RESERVATION AND THE AMOUNT RESERVED
468-. THE
469-RESERVATION OF A TAX CREDIT BY THE OFFICE FOR A QUALIFIED APPLICANT
470-DOES NOT ENTITLE THE QUALIFIED APPLICANT TO ISSUANCE OF A CREDIT
471-CERTIFICATE UNTIL THE QUALIFIED APPLICANT COMPLIES WITH ALL THE
472-OTHER REQUIREMENTS SPECIFIED IN THIS SECTION FOR THE ISSUANCE OF THE
473-TAX CREDIT
474-. WHEN THE OFFICE APPROVES A TAX CREDIT RESERVATION , THE
475-OFFICE MAY ALSO IMPOSE ADDITIONAL REQUIREMENTS
476-, WHICH A QUALIFIED
477-APPLICANT SHALL SATISFY AS PART OF COMPLETING THE ELIGIBLE PROJECT
478-,
479-BEFORE A TAX CREDIT CERTIFICATE IS ISSUED TO THE QUALIFIED APPLICANT .
480-(c) (I) S
481-UBJECT TO THE LIMITATIONS IN THIS SUBSECTION (6)(c), IF
482-APPROVED
483-, THE OFFICE MAY ISSUE A TAX CREDIT RESERVATION TO A
484-QUALIFIED APPLICANT FOR A SINGLE ELIGIBLE PROJECT IN AN AMOUNT
485-EQUAL TO THE LESSER OF TWENTY
486--FIVE PERCENT OF THE QUALIFIED
487-APPLICANT
488-'S ESTIMATED ELIGIBLE EXPENDITURES OR THREE MILLION
489-DOLLARS
490-.
797+HE OFFICE SHALL, IN A SUFFICIENTLY TIMELY MANNER TO27
798+1295
799+-23- ALLOW THE DEPARTMENT TO PROCESS RETURNS CLAIMING THE INCOME1
800+TAX CREDIT ALLOWED IN THIS SECTION, PROVIDE THE DEPARTMENT WITH2
801+AN ELECTRONIC REPORT OF EACH QUALIFIED APPLICANT TO WHICH THE3
802+OFFICE ISSUES A TAX CREDIT CERTIFICATE FOR THE PRECEDING TAX YEAR4
803+THAT INCLUDES THE FOLLOWING INFORMATION :5
804+(I) T
805+HE QUALIFIED APPLICANT'S NAME;6
806+(II) T
807+HE AMOUNT OF THE CREDIT; AND7
808+(III) T
809+HE QUALIFIED APPLICANT'S SOCIAL SECURITY NUMBER OR8
810+THE QUALIFIED APPLICANT'S COLORADO ACCOUNT NUMBER AND FEDERAL9
811+EMPLOYER IDENTIFICATION NUMBER .10
812+(12) Policies and procedures. (a) T
813+HE OFFICE MAY CREATE AND11
814+MODIFY POLICIES, PROCEDURES, AND GUIDELINES AS NECESSARY TO12
815+FURTHER IMPLEMENT THE TAX CREDITS TO BE CLAIMED FOR THE13
816+COMPLETION OF ELIGIBLE PROJECTS PURSUANT TO THIS SECTION AND14
817+SHALL SOLICIT ADVICE FROM THE DEPARTMENT IN CREATING AND15
818+MODIFYING SUCH POLICIES, PROCEDURES, AND GUIDELINES.16
819+(b) W
820+ITH RESPECT TO MAKING THE PRELIMINARY DETERMINATION17
821+WHETHER A PROJECT PLAN IS A PLAN FOR AN ELIGIBLE PROJECT PURSUANT18
822+TO SUBSECTION (4)(b)(III) OF THIS SECTION, THE OFFICE SHALL DEVELOP19
823+STANDARDS THAT INCLUDE , BUT ARE NOT LIMITED TO:20
824+(I) A
825+ DETAILED COST ESTIMATE FOR THE PROJECT PLAN ;21
491826 (II) E
492-XCEPT AS PROVIDED IN SUBSECTIONS (6)(c)(III) AND (6)(c)(IV)
493-OF THIS SECTION, THE AGGREGATE AMOUNT OF ALL TAX CREDIT
494-RESERVATIONS THAT THE OFFICE MAY ISSUE PURSUANT TO THIS SECTION
495-MUST NOT EXCEED TEN MILLION DOLLARS IN ANY CALENDAR YEAR PLUS THE
496-AMOUNT OF ANY PREVIOUSLY ISSUED TAX CREDIT RESERVATIONS THAT
497-WERE RESCINDED PURSUANT TO SUBSECTION
498- (7)(a)(II) OF THIS SECTION
499-FROM PREVIOUS CALENDAR YEARS
500-.
501-(III) I
502-F THE OFFICE'S ISSUANCE OF A TAX CREDIT RESERVATION IN A
503-CALENDAR YEAR WOULD CAUSE THE OFFICE TO EXCEED THE AGGREGATE
504-LIMIT SPECIFIED IN SUBSECTION
505- (6)(c)(II) OF THIS SECTION FOR THAT
506-CALENDAR YEAR
507-, THEN THE AGGREGATE AMOUNT OF ALL TAX CREDIT
508-RESERVATIONS THAT THE OFFICE MAY ISSUE IN THE FOLLOWING CALENDAR
509-YEAR IS DECREASED BY THE AMOUNT OF THE TAX CREDIT RESERVATIONS
510-ISSUED IN THE PREVIOUS CALENDAR YEAR THAT EXCEEDED THE LIMITATION
511-SET FORTH IN SUBSECTION
512- (6)(c)(II) OF THIS SECTION.
513-PAGE 11-HOUSE BILL 24-1295 (IV) IF THE OFFICE'S ISSUANCE OF TAX CREDIT RESERVATIONS BY THE
514-END OF A CALENDAR YEAR IS LESS THAN THE AGGREGATE LIMIT SPECIFIED
515-IN SUBSECTION
516- (6)(c)(II) OF THIS SECTION FOR THAT CALENDAR YEAR, THEN
517-THE AGGREGATE AMOUNT OF TAX CREDIT RESERVATIONS THAT THE OFFICE
518-MAY ISSUE IN THE NEXT CALENDAR YEAR IS INCREASED BY THE UNRESERVED
519-AMOUNT FROM THE PREVIOUS CALENDAR YEAR
520-.
521-(d) I
522-N MAKING THE FINAL DETERMINATION OF WHICH PROJECT PLANS
523-TO ISSUE TAX RESERVATIONS FOR PURSUANT TO THIS SUBSECTION
524-(6), THE
525-OFFICE MAY PRIORITIZE ELIGIBLE PROJECT PLANS IN ACCORDANCE WITH
526-:
527-(I) T
528-HE NUMBER OF NEW AFFORDABLE HOUSING UNITS TO BE
529-CREATED BY THE ELIGIBLE PROJECT
530-;
531-(II) T
532-HE NUMBER OF LIVE-WORK SPACES TO BE CREATED BY THE
533-ELIGIBLE PROJECT
534-;
827+VIDENCE OF SITE CONTROL OF THE SITE WHERE THE PROJECT22
828+WILL OCCUR; AND 23
535829 (III) T
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-