Colorado 2024 Regular Session

Colorado House Bill HB1365 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. 24-0727.03 Jed Franklin x5484
18 HOUSE BILL 24-1365
2-BY REPRESENTATIVE(S) Lukens and Soper, Amabile, Bacon, Bird,
3-Boesenecker, Brown, Daugherty, English, Jodeh, Lieder, Lindstedt, Mauro,
4-Titone, Woodrow, McCluskie;
5-also SENATOR(S) Bridges and Will, Buckner, Cutter, Michaelson Jenet,
6-Priola.
9+House Committees Senate Committees
10+Business Affairs & Labor Finance
11+Finance Appropriations
12+Appropriations
13+A BILL FOR AN ACT
714 C
8-ONCERNING REGIONAL TALENT DEVELOPMENT INITIATIVES , AND, IN
9-CONNECTION THEREWITH
10-, CREATING THE REGIONAL TALENT SUMMIT
11-GRANT PROGRAM AND AN INCOME TAX CREDIT FOR FACILITY
12-IMPROVEMENT AND EQUIPMENT ACQUISITION COSTS ASSOCIATED
13-WITH TRAINING PROGRAMS DESIGNED TO ALLEVIATE WORKFORCE
14-SHORTAGES AND MAKING AN APPROPRIATION
15-.
16-
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. Legislative declaration. (1) The general assembly
19-hereby finds and declares that:
20-(a) House Bill 22-1350, enacted in 2022, established the regional
21-talent development initiative act to invest in regional partnerships that
22-encourage workforce development and respond to regional talent needs.
23-The grant program, opportunity now, granted twenty-seven million dollars
24-________
25-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26-through words or numbers indicate deletions from existing law and such material is not part of
27-the act. to forty-six grantees and created over two hundred thirty industry and
28-educational partnerships with the first round of funding. The second and
29-third rounds of investment demonstrate Colorado's ongoing commitment to
30-innovation, regional planning, economic development, and collaboration.
31-(b) However, Colorado continues to experience workforce shortages
32-due to the mismatch of jobs available and the skilled talent needed to fill
33-them. This challenge is heightened by recent federal investment in programs
34-like the federal "Infrastructure Investment and Jobs Act", Pub.L. 117-58,
35-the federal "Inflation Reduction Act of 2022", Pub.L. 117-169, and the
36-federal "CHIPS and Science Act of 2022", Pub.L. 117-167, which create
37-additional demands for skilled talent.
38-(c) Data shows that Colorado currently needs thirty-three thousand
39-five hundred infrastructure and construction workers, and is projected to
40-need an additional fifty thousand construction workers by the end of the
41-decade, including an additional twenty thousand clean energy construction
42-jobs. Colorado is projected to need six thousand ninety-eight construction
43-laborers alone to respond to "Infrastructure Investment and Jobs Act"
44-project needs.
45-(d) More skilled talent in infrastructure, advanced manufacturing,
46-and clean energy is needed for Colorado to take full advantage of federal
47-investments and achieve Colorado's ambitious housing, climate, broadband,
48-and infrastructure goals. By investing an additional round of general fund
49-funding into the opportunity now program, with a focus on infrastructure
50-and building trades, Colorado makes an important investment in the
51-workforce needed to build more housing now.
52-(e) Expanding the opportunity now program with a refundable tax
53-credit expands the scope of this work for years to come. This refundable tax
54-credit will support qualified applicants in increasing their training capacity
55-and capabilities so that Colorado has the workforce needed to respond to
56-federal investments as they break ground and achieve statewide priorities.
57-(f) The workforce shortage tax credit is intended to continue the
58-opportunity now program by seeding investments that benefit the education
59-and training system broadly;
60-(g) The regional talent summit grant program is also created to
61-PAGE 2-HOUSE BILL 24-1365 affirm Colorado's collaborative, locally-driven, and state-supported
62-approach to regional talent planning. These summits will allow for industry,
63-business associations, community-based organizations, talent development
64-practitioners, local workforce centers, local education providers, institutions
65-of higher education, and state agencies to identify the workforce needs and
66-resources of their areas. By seeding new partnerships to develop shared
67-workforce and economic development goals, these summits will allow
68-Colorado's regions to plan for and leverage local and state resources to
69-achieve them.
70-(2) Therefore, the regional talent summit grant program and the
71-workforce shortage tax credit are important tools for Colorado to address
72-the need for talent acquisition and retention.
73-SECTION 2. In Colorado Revised Statutes, 24-48.5-405, amend
74-(1)(c)(II) and (1)(c)(III); and add (1)(c)(IV) and (1)(c)(V) as follows:
75-24-48.5-405. Regional talent development initiative grant
76-program - creation - administration - eligibility - application review -
77-report. (1) (c) In prioritizing grant applications and awarding grants, the
78-office, in collaboration with the departments and the selection committee,
79-shall strive to meet the following grant program goals:
80-(II) To create intentional pathways between kindergarten through
81-twelfth grade education, higher education, and employment that allow
82-learners and earners to transition more easily into and out of each system
83-and that ensure a highly skilled and well-educated workforce; and
84-(III) To provide more opportunities for regional learners and earners
85-to be more economically mobile and earn a living wage in an in-demand,
86-high-skill, high-wage occupation;
15+ONCERNING REGIONAL TALENT DEVELOPMENT INITIATIVES , AND, IN101
16+CONNECTION THEREWITH , CREATING THE REGIONAL TALENT102
17+SUMMIT GRANT PROGRAM AND AN INCOME TAX CREDIT FOR103
18+FACILITY IMPROVEMENT AND EQ UIPMENT ACQUISITION COSTS104
19+ASSOCIATED WITH TRAINING PROGRAMS DESIGNED TO105
20+ALLEVIATE WORKFORCE
21+SHORTAGES AND MAKING AN106
22+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 6, 2024
33+SENATE
34+2nd Reading Unamended
35+May 4, 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+Lukens and Soper, Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty, English,
44+Jodeh, Lieder, Lindstedt, Mauro, McCluskie, Titone, Woodrow
45+SENATE SPONSORSHIP
46+Bridges and Will, Buckner, Cutter, Michaelson Jenet, Priola
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing law.
49+Dashes through the words or numbers indicate deletions from existing law. On July 1, 2024, the bill requires a one-time $3.8 million transfer
50+from the general fund to the regional talent development initiative grant
51+program fund to address workforce shortages in infrastructure and
52+building trades. Of this amount, not more than 7% may be used for the
53+administrative costs incurred to administer the regional talent
54+development initiative grant program.
55+The regional talent summit grant program (grant program) is
56+created and is to be administered by the governor's office of economic
57+development and international trade (office). The grant program, through
58+a selection committee, will award grants to and contract with a program
59+facilitator to develop regional summits across the state. The program
60+facilitator will understand workforce development needs in identified
61+regions of the state, generate a landscape analysis for each identified
62+region that includes job projections and an overview of educational
63+pathways, gather insight from employers about critical workforce and
64+training needs, create regional goals for addressing talent needs, and
65+develop comprehensive tactical plans. Beginning January 1, 2026, any
66+modified or new local workforce development plan must incorporate the
67+tactical plans. The program facilitator must complete all regional talent
68+summits on or before July 1, 2025, and submit workforce plans as a result
69+of the regional talent summits by December 1, 2025.
70+The grant program, through a selection committee, will also award
71+grants to one or more regional hosts to secure facilities to host regional
72+talent summits, determine community partners to attend the summits, and
73+gather insight from regional employers about critical workforce and
74+training needs.
75+The regional talent summit development initiative grant program
76+fund (fund) is created in the state treasury. On July 1, 2024, the state
77+treasurer shall transfer $200,000 from the general fund to the fund. The
78+money in the fund is continuously appropriated to the office.
79+The bill establishes a state income tax credit (tax credit) for the
80+costs of facility improvement and equipment acquisition associated with
81+training programs designed to alleviate workforce shortages beginning
82+January 1, 2026. A qualified taxpayer in a qualified industry may earn a
83+tax credit equal to up to 50% of the costs incurred by the qualified
84+taxpayer to improve its facilities and acquire equipment. The tax credit is
85+refundable and may not be carried forward.
86+To claim the tax credit, a qualified taxpayer must first reserve the
87+tax credit by applying to be in the evaluation pool established by the
88+office. A selection committee will consider the merits of each application
89+to determine which taxpayers are qualified to reserve the tax credit. If a
90+taxpayer is qualified and approved, the taxpayer is required to incur
91+facility improvements and equipment acquisition costs to claim the tax
92+credit. If the applicant submits evidence that the costs were incurred
93+1365
94+-2- during the income tax year for which the applicant applied, and those
95+costs are certified by a certified public accountant, the applicant may be
96+awarded a tax credit. The aggregate amount of tax credits reserved in one
97+calendar year cannot exceed $15 million.
98+The executive director of the department of revenue may require
99+a person or organization not subject to tax or a person or organization
100+exempt from taxes to make and file a return containing information
101+prescribed by the executive director to claim the tax credit.
102+Be it enacted by the General Assembly of the State of Colorado:1
103+SECTION 1. Legislative Declaration. (1) The general assembly2
104+hereby finds and declares that:3
105+(a) House Bill 22-1350, enacted in 2022, established the regional4
106+talent development initiative act to invest in regional partnerships that5
107+encourage workforce development and respond to regional talent needs.6
108+The grant program, opportunity now, granted twenty-seven million7
109+dollars to forty-six grantees and created over two hundred thirty industry8
110+and educational partnerships with the first round of funding. The second9
111+and third rounds of investment demonstrate Colorado's ongoing10
112+commitment to innovation, regional planning, economic development,11
113+and collaboration.12
114+(b) However, Colorado continues to experience workforce13
115+shortages due to the mismatch of jobs available and the skilled talent14
116+needed to fill them. This challenge is heightened by recent federal15
117+investment in programs like the federal "Infrastructure Investment and16
118+Jobs Act", Pub.L. 117-58, the federal "Inflation Reduction Act of 2022",17
119+Pub.L. 117-169, and the federal "CHIPS and Science Act of 2022",18
120+Pub.L. 117-167, which create additional demands for skilled talent.19
121+(c) Data shows that Colorado currently needs thirty-three thousand20
122+five hundred infrastructure and construction workers, and is projected to21
123+1365-3- need an additional fifty thousand construction workers by the end of the1
124+decade, including an additional twenty thousand clean energy2
125+construction jobs. Colorado is projected to need six thousand ninety-eight3
126+construction laborers alone to respond to "Infrastructure Investment and4
127+Jobs Act" project needs.5
128+(d) More skilled talent in infrastructure, advanced manufacturing,6
129+and clean energy is needed for Colorado to take full advantage of federal7
130+investments and achieve Colorado's ambitious housing, climate,8
131+broadband, and infrastructure goals. By investing an additional round of9
132+general fund funding into the opportunity now program, with a focus on10
133+infrastructure and building trades, Colorado makes an important11
134+investment in the workforce needed to build more housing now.12
135+(e) Expanding the opportunity now program with a refundable tax13
136+credit expands the scope of this work for years to come. This refundable14
137+tax credit will support qualified applicants in increasing their training15
138+capacity and capabilities so that Colorado has the workforce needed to16
139+respond to federal investments as they break ground and achieve17
140+statewide priorities.18
141+(f) The workforce shortage tax credit is intended to continue the19
142+opportunity now program by seeding investments that benefit the20
143+education and training system broadly;21
144+(g) The regional talent summit grant program is also created to22
145+affirm Colorado's collaborative, locally-driven, and state-supported23
146+approach to regional talent planning. These summits will allow for24
147+industry, business associations, community-based organizations, talent25
148+development practitioners, local workforce centers, local education26
149+providers, institutions of higher education, and state agencies to identify27
150+1365
151+-4- the workforce needs and resources of their areas. By seeding new1
152+partnerships to develop shared workforce and economic development2
153+goals, these summits will allow Colorado's regions to plan for and3
154+leverage local and state resources to achieve them.4
155+(2) Therefore, the regional talent summit grant program and the5
156+workforce shortage tax credit are important tools for Colorado to address6
157+the need for talent acquisition and retention.7
158+SECTION 2. In Colorado Revised Statutes, 24-48.5-405, amend8
159+(1)(c)(II) and (1)(c)(III); and add (1)(c)(IV) and (1)(c)(V) as follows:9
160+24-48.5-405. Regional talent development initiative grant10
161+program - creation - administration - eligibility - application review11
162+- report. (1) (c) In prioritizing grant applications and awarding grants,12
163+the office, in collaboration with the departments and the selection13
164+committee, shall strive to meet the following grant program goals:14
165+(II) To create intentional pathways between kindergarten through15
166+twelfth grade education, higher education, and employment that allow16
167+learners and earners to transition more easily into and out of each system17
168+and that ensure a highly skilled and well-educated workforce; and18
169+(III) To provide more opportunities for regional learners and19
170+earners to be more economically mobile and earn a living wage in an20
171+in-demand, high-skill, high-wage occupation; 21
87172 (IV) T
88-O ADDRESS WORKFORCE SHORTAGES IN INFRASTRUCTURE AND
89-BUILDING TRADES BY CREATING MORE OPPORTUNITIES FOR WORKFORCE
90-DEVELOPMENT PROJECTS IN THESE TRADES
91-; AND
92-(V) TO ELEVATE EVIDENCE-BASED WORKFORCE TRAINING AND
93-RELEVANT PROGRAMS OR SERVICES WHERE PARTICIPANTS FROM
94-COMMUNITIES THAT HAVE BEEN HISTORICALLY UNDERREPRESENTED
95-,
96-UNDERSERVED, OR UNDERRESOURCED IN COLORADO ARE ABLE TO EARN A
97-PAGE 3-HOUSE BILL 24-1365 LIVING WAGE AND ARE CONNECTED TO EMPLOYMENT OPPORTUNITIES .
98-SECTION 3. In Colorado Revised Statutes, 24-48.5-406, add
99-(1)(a.5) as follows:
100-24-48.5-406. Regional talent development initiative grant
173+O ADDRESS WORKFORCE SHORTAGES IN INFRASTRUCTURE22
174+AND BUILDING TRADES BY CREATING MORE OPPORTUNITIES FOR23
175+WORKFORCE DEVELOPMENT PROJECTS IN THESE
176+TRADES; AND24
177+(V) TO ELEVATE EVIDENCE-BASED WORKFORCE TRAINING AND25
178+RELEVANT PROGRAMS OR SERVICES WHERE PARTICIPANTS FROM26
179+COMMUNITIES THAT HAVE BEEN HISTORICALLY UNDERREPRESENTED ,27
180+1365
181+-5- UNDERSERVED, OR UNDERRESOURCED IN COLORADO ARE ABLE TO EARN1
182+A LIVING WAGE AND ARE CONNECTED TO EMPLOYMENT OPPORTUNITIES .2
183+SECTION 3. In Colorado Revised Statutes, 24-48.5-406, add3
184+(1)(a.5) as follows:4
185+24-48.5-406. Regional talent development initiative grant5
101186 program fund - repeal. (1) (a.5) (I) O
102-N JULY 1, 2024, THE STATE
103-TREASURER SHALL TRANSFER THREE MILLION EIGHT HUNDRED THOUSAND
104-DOLLARS FROM THE GENERAL FUND TO THE FUND FOR USE FOR ACHIEVING
105-THE GOAL SET FORTH IN SECTION
106- 24-48.5-405 (1)(c)(IV).
187+N JULY 1, 2024, THE STATE6
188+TREASURER SHALL TRANSFER THREE MILLION EIGHT HUNDRED THOUSAND7
189+DOLLARS FROM THE GENERAL FUND TO THE FUND FOR USE FOR ACHIEVING8
190+THE GOAL SET FORTH IN SECTION 24-48.5-405 (1)(c)(IV).9
107191 (II) O
108-F THE AMOUNT TRANSFERRED TO THE FUND PURSUANT TO
109-SUBSECTION
110- (1)(a.5)(I) OF THIS SECTION, NOT MORE THAN SEVEN PERCENT
111-MAY BE USED FOR THE ADMINISTRATIVE COSTS INCURRED BY THE OFFICE
112-AND THE SELECTION COMMITTEE IN ADMINISTERING THE REGIONAL TALENT
113-DEVELOPMENT INITIATIVE GRANT PROGRAM
114-.
192+F THE AMOUNT TRANSFERRED TO THE FUND PURSUANT TO10
193+SUBSECTION (1)(a.5)(I) OF THIS SECTION, NOT MORE THAN SEVEN PERCENT11
194+MAY BE USED FOR THE ADMINISTRATIVE COSTS INCURRED BY THE OFFICE12
195+AND THE SELECTION COMMITTEE IN ADMINISTERING THE REGIONAL13
196+TALENT DEVELOPMENT INITIATIVE GRANT PROGRAM .14
115197 (III) T
116-HIS SUBSECTION (1)(a.5) IS REPEALED, EFFECTIVE JULY 1,
117-2028.
118-SECTION 4. In Colorado Revised Statutes, 24-48.5-502, amend
119-(1)(b)(V), (4)(a), (4)(b), and (5)(b); and repeal (4)(c) as follows:
120-24-48.5-502. Universal high school scholarship program -
121-established - administration - cash fund - eligibility. (1) (b) The office
122-shall administer the program or may contract with one or more vendors to
123-administer the program. The office or vendor shall:
124-(V) Audit
125- MONITOR, or contract with a vendor to audit MONITOR,
126-service providers to ensure that service providers comply with all program
127-rules and requirements.
128-(4) A student is eligible for a scholarship if the student:
129-(a) During the 2023-24 academic year, graduated from a Colorado
130-high school or was awarded a high school equivalency credential awarded
131-by the Colorado department of education;
198+HIS SUBSECTION (1)(a.5) IS REPEALED, EFFECTIVE JULY 1,15
199+2028.16
200+SECTION 4. In Colorado Revised Statutes, 24-48.5-502, amend17
201+(1)(b)(V), (4)(a), (4)(b), and (5)(b); and repeal (4)(c) as follows:18
202+24-48.5-502. Universal high school scholarship program -19
203+established - administration - cash fund - eligibility. (1) (b) The office20
204+shall administer the program or may contract with one or more vendors21
205+to administer the program. The office or vendor shall:22
206+(V) Audit MONITOR, or contract with a vendor to audit MONITOR,23
207+service providers to ensure that service providers comply with all24
208+program rules and requirements. 25
209+(4) A student is eligible for a scholarship if the student:26
210+(a) During the 2023-24 academic year, graduated from a Colorado27
211+1365
212+-6- high school or was awarded a high school equivalency credential awarded1
213+by the Colorado department of education;2
214+(b) IS A DEGREE-SEEKING STUDENT WHO completes the free3
215+application for federal student aid or the Colorado application for state4
216+financial aid; EXCEPT THAT THE OFFICE SHALL WAIVE THE REQUIREMENT5
217+OF COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID OR THE6
218+COLORADO APPLICATION FOR STATE FI NANCIAL AID IF THE7
219+DEGREE-SEEKING STUDENT ATTESTS THAT THE STUDENT IS UNABLE TO8
220+MEET THIS REQUIREMENT; AND9
221+(c) Did not receive a grant or scholarship pursuant to part 10 of10
222+article 3.3 of title 23 for the 2024-25 academic year; and11
223+(5) (b) A service provider shall comply with the program policies12
224+and procedures and with all reporting requirements described in this13
225+section. A service provider shall submit to an audit MONITORING by the14
226+office or vendor conducted pursuant to subsection (1)(b) of this section.15
227+SECTION 5. In Colorado Revised Statutes, add part 6 to article16
228+48.5 of title 24 as follows:17
229+PART 618
230+REGIONAL TALENT SUMMIT ACT19
231+24-48.5-601. Short title. T
232+HE SHORT TITLE OF THIS PART 6 IS THE20
233+"R
234+EGIONAL TALENT SUMMIT ACT".21
235+24-48.5-602. Legislative declaration. (1) T
236+HE GENERAL22
237+ASSEMBLY FINDS AND DECLARES THAT :23
238+(a) T
239+HIS PART 6 IS INTENDED TO STRENGTHEN REGIONAL TALENT24
240+DEVELOPMENT PIPELINES TO MEET WORKFORCE DEMAND ;25
241+(b) T
242+HE STATE HAS AN OPPORTUNITY TO FULFILL DEMAND FOR26
243+WORKERS, WHICH WILL ALLOW THE STATE TO MEET ITS STRATEGIC GOALS27
244+1365
245+-7- AND GENERATE HIGH-QUALITY CAREERS; AND1
246+(c) T
247+HE GRANT PROGRAM AND RELATED SERVICES DESCRIBED IN2
248+THIS PART 6 ARE IMPORTANT GOVERNMENT SERVICES .3
249+(2) T
250+HEREFORE, THE GENERAL ASSEMBLY CREATES THE REGIONAL4
251+TALENT SUMMIT GRANT PROGRAM TO ADDRESS THESE NEEDS .5
252+24-48.5-603. Definitions. A
253+S USED IN THIS PART 6, UNLESS THE6
254+CONTEXT OTHERWISE REQUIRES :7
255+(1) "A
256+PPLICANT" MEANS AN ENTITY THAT:8
257+(a) H
258+AS THE CAPACITY TO HOST REGIONAL TALENT SUMMITS9
259+ACROSS THE STATE THAT CONVENE TO UNDERSTAND REGI ONAL LABOR10
260+MARKET NEEDS IN EACH REGION OF THE STATE OR HAS THE CAPACITY TO11
261+CONVENE, FACILITATE, AND REPORT ON REGIONAL TALENT SUMMIT12
262+FINDINGS; AND13
263+(b) A
264+PPLIES FOR A GRANT FROM THE GRANT PROGRAM .14
265+(2) "F
266+UND" MEANS THE REGIONAL TALENT SUMMIT GRANT15
267+PROGRAM FUND CREATED IN SECTION 24-48.5-605.16
268+(3) "G
269+RANT PROGRAM" MEANS THE REGIONAL TALENT SUMMIT17
270+GRANT PROGRAM CREATED IN SECTION 24-48.5-604.18
271+(4) "O
272+FFICE" MEANS THE COLORADO OFFICE OF ECONOMIC19
273+DEVELOPMENT CREATED IN SECTION 24-48.5-101.20
274+(5) "P
275+ROGRAM FACILITATOR" MEANS AN APPLICANT TO WHICH THE21
276+OFFICE AWARDS A GRANT AND WITH WHICH THE OFFICE CONTRACTS22
277+PURSUANT TO SECTION 24-48.5-604 (2)(a).23
278+(6) "R
279+EGIONAL HOST" MEANS AN APPLICANT THAT HAS BEEN24
280+GRANTED AN AWARD TO SUPPORT THE COSTS OF HOSTING A REGIONAL25
281+TALENT SUMMIT.26
282+(7) "R
283+EGIONAL TALENT SUMMIT" MEANS A CONVENING OF STATE27
284+1365
285+-8- AND REGIONAL STAKEHOLDERS TO DISCUSS THE ECONOMIC AND1
286+WORKFORCE NEEDS OF THEIR REGION AND THE PROGRAMS AND RESOURCES2
287+THAT MIGHT ADDRESS THOSE NEEDS .3
288+(8) "S
289+ELECTION COMMITTEE" MEANS THE SELECTION COMMITTEE4
290+APPOINTED PURSUANT TO SECTION 24-48.5-604 (4)(a) TO REVIEW AND5
291+MAKE RECOMMENDATIONS ABOUT APPLICANTS , TO SELECT AND AWARD A6
292+GRANT TO THE REGIONAL HOST, AND TO SELECT AND AWARD A GRANT TO7
293+THE PROGRAM FACILITATOR.8
294+24-48.5-604. Regional talent summit grant program - creation9
295+- administration - eligibility - application review - report.10
296+(1) (a) T
297+HERE IS CREATED IN THE OFFICE THE REGIONAL TALENT SUMMIT11
298+GRANT PROGRAM. THE OFFICE SHALL ADMINISTER THE GRANT PROGRAM .12
299+T
300+HE SELECTION COMMITTEE APPOINTED PURSUANT TO SUBSECTION (4) OF13
301+THIS SECTION IS RESPONSIBLE FOR MAKING GRANT AWARD DECISIONS IN14
302+ACCORDANCE WITH THIS SECTION .15
303+(b) (I) T
304+HE PURPOSE OF THE GRANT PROGRAM IS TO PROVIDE16
305+GRANTS TO THE PROGRAM FACILITATOR TO USE TO CONVENE AND17
306+FACILITATE REGIONAL SUMMITS AND DEVELOP A REPORT ON THE FINDINGS18
307+OF THE REGIONAL TALENT SUMMITS AND TO ONE OR MORE REGIONAL19
308+HOSTS TO USE TO SUPPORT SEVEN REGIONAL TALENT SUMMITS .20
309+(II) T
310+HE OFFICE SHALL REQUIRE THE REGIONAL HOSTS AND THE21
311+PROGRAM FACILITATOR TO COMPLETE ALL REGI ONAL TALENT SUMMITS ON22
312+OR BEFORE JULY 1, 2025.23
313+(III) T
314+HE OFFICE SHALL REQUIRE THE PROGRAM FACILITATOR TO24
315+SUBMIT ITS COMPREHENSIVE TACTICAL PLAN TO THE OFFICE ON OR BEFORE25
316+D
317+ECEMBER 1, 2025.26
318+(c) I
319+N PRIORITIZING GRANT APPLICATIONS AND AWARDING GRANTS ,27
320+1365
321+-9- THE OFFICE, IN COLLABORATION WITH THE SELECTION COMMITTEE , SHALL1
322+STRIVE TO MEET THE FOLLOWING GRANT PROGRAM GOALS :2
323+(I) F
324+OR A GRANT FOR A PROGRAM FACILITATOR :3
325+(A)
326+ TO UNDERSTAND WORKFORCE DEVELOPMENT NEEDS IN4
327+REGIONS OF THE STATE;5
328+(B) T
329+O GENERATE A LANDSCAPE ANALYSIS FOR EACH IDENTIFIED6
330+REGION THAT INCLUDES JOB PROJECTIONS AND AN OVERVIEW OF7
331+EDUCATIONAL PATHWAYS ;8
332+(C) T
333+O GATHER INSIGHT FROM EMPLOYERS ABOUT CRITICAL9
334+WORKFORCE AND TRAINING NEEDS ;10
335+(D) T
336+O CREATE REGIONAL GOALS FOR ADDRESSING TALENT NEEDS ;11
337+(E) T
338+O DEVELOP COMPREHENSIVE TACTICAL PLANS ; AND12
339+(F) T
340+O SUBMIT THE WORKFORCE PLANS GENERATED BY THE13
341+PROGRAM FACILITATOR AS A RESULT OF THE REGIONAL TALENT SUMMITS14
342+BY DECEMBER 1, 2025, TO THE OFFICE. THE OFFICE SHALL PROVIDE THE15
343+WORKFORCE PLANS TO THE STATE WORKFORCE DEVELOPMENT COUNCIL16
344+WHICH SHALL PUBLISH THE PLANS IN THE COLORADO TALENT REPORT17
345+PREPARED PURSUANT TO SECTION 24-46.3-103 (3) AND SHALL18
346+COORDINATE WITH LOCAL ENTITIES AND ACROSS STATE AGENCIES TO19
347+SUPPORT REGIONAL GOALS.20
348+(II) F
349+OR A GRANT FOR A REGIONAL HOST:21
350+(A) T
351+O SECURE A FACILITY TO HOST THE REGIONAL SUMMIT ;22
352+(B) T
353+O DETERMINE RELEVANT PARTNERS TO ATTEND THE23
354+REGIONAL SUMMIT; AND24
355+(C) T
356+O GATHER INSIGHT FROM REGIONAL EMPLOYERS ABOUT25
357+WORKFORCE TRAINING NEEDS .26
358+(2) T
359+HE OFFICE, THROUGH THE SELECTION COMMITTEE , SHALL:27
360+1365
361+-10- (a) AWARD A GRANT TO AND EXECUTE A CONTRACT WITH A1
362+PROGRAM FACILITATOR . THE OFFICE SHALL REQUIRE THE PROGRAM2
363+FACILITATOR TO:3
364+(I) W
365+ORK WITH THE OFFICE, THE DEPARTMENT OF LABOR AND4
366+EMPLOYMENT, THE DEPARTMENT OF EDUCATION , LOCAL DATA EXPERTS,5
367+AND THE DEPARTMENT OF HIGHER EDUCATION TO GENERATE A L ANDSCAPE6
368+ANALYSIS FOR EACH IDENTIFIED REGION THAT INCLUDES JOB PROTECTIONS7
369+AND AN OVERVIEW OF EDUCATIONAL PATHWAYS ;8
370+(II) W
371+ORK WITH REGIONAL HOSTS TO PLAN REGIONAL TALENT9
372+SUMMITS;10
373+(III) F
374+ACILITATE A SUMMIT FOR REGIONAL ATTENDEES TO11
375+IDENTIFY REGIONAL ECONOMIC GOALS AND WORKFORCE DEVELOPMENT12
376+NEEDS;13
377+(IV) C
378+REATE ALIGNMENT BETWEEN BUSINESS , EDUCATION,14
379+WORKFORCE, AND COMMUNITY PARTNERS FOR WORKFORCE15
380+DEVELOPMENT; AND16
381+(V) D
382+EVELOP COMPREHENSIVE TACTICAL PLANS INFORMED BY THE17
383+RESOURCES AND NEEDS OF EACH REGION THAT SET TWO -YEAR GOALS AND18
384+FIVE-YEAR GOALS FOR DEVELOPING MORE CAREER PATHWAYS IN19
385+HIGH-NEED FIELDS IN EACH REGION INCLUDING A LANDSCAPE ANALYSIS20
386+FOR EACH REGION OF THE STATE THAT IDENTIFIES REGIONAL WORKFORCE21
387+NEEDS, OPPORTUNITIES, AND CHALLENGES.22
388+(b) A
389+WARD A GRANT TO ONE OR MORE REGIONAL HOSTS . THE23
390+OFFICE SHALL REQUIRE THE REGIONAL HOSTS TO :24
391+(I) S
392+ECURE A FACILITY TO HOST EACH REGIONAL SUMMIT ;25
393+(II) D
394+ETERMINE RELEVANT BUSINESS , EDUCATION, WORKFORCE,26
395+AND COMMUNITY PARTNERS TO PARTICIPATE IN EACH REGIONAL SUMMIT ;27
396+1365
397+-11- AND1
398+(III) G
399+ATHER INSIGHT FROM REGIONAL EMPLOYERS ABOUT2
400+CRITICAL WORKFORCE AND TRAINING NEEDS .3
401+(c) E
402+STABLISH A PROCESS FOR AN APPLICANT TO APPLY FOR A4
403+GRANT TO FUND THE DEVELOPMENT OF REGIONAL TALENT SUMMITS ,5
404+WHICH APPLICATION PROCESS MUST BE COMPLETED NO LATER THAN6
405+N
406+OVEMBER 1, 2024; AND7
407+(d) E
408+STABLISH POLICIES SETTING FORTH THE PARAMETERS AND8
409+ELIGIBILITY FOR THE GRANT PROGRAM .9
410+(3) T
411+O BE ELIGIBLE FOR A GRANT, AN APPLICANT MUST, AT A10
412+MINIMUM, INCLUDE WITH ITS GRANT APPLICATION:11
413+(a) A
414+ DETAILED PROPOSAL AND OPERATIONS PLAN THAT MEETS12
415+THE GOALS SPECIFIED IN SUBSECTION (1)(c) OF THIS SECTION; AND13
132416 (b) I
133-S A DEGREE-SEEKING STUDENT WHO completes the free
134-application for federal student aid or the Colorado application for state
135-PAGE 4-HOUSE BILL 24-1365 financial aid; EXCEPT THAT THE OFFICE SHALL WAIVE THE REQUIREMENT OF
136-COMPLETING THE FREE APPLICATION FOR FEDERAL STUDENT AID OR THE
137-COLORADO APPLICATION FOR STATE FINANCIAL AID IF THE DEGREE -SEEKING
138-STUDENT ATTESTS THAT THE ST UDENT IS UNABLE TO MEET THIS
139-REQUIREMENT
140-; AND
141-(c) Did not receive a grant or scholarship pursuant to part 10 of
142-article 3.3 of title 23 for the 2024-25 academic year; and
143-(5) (b) A service provider shall comply with the program policies
144-and procedures and with all reporting requirements described in this section.
145-A service provider shall submit to an audit
146- MONITORING by the office or
147-vendor conducted pursuant to subsection (1)(b) of this section.
148-SECTION 5. In Colorado Revised Statutes, add part 7 to article
149-48.5 of title 24 as follows:
150-PART 7
151-REGIONAL TALENT SUMMIT ACT
152-24-48.5-701. Short title. T
153-HE SHORT TITLE OF THIS PART 7 IS THE
154-"REGIONAL TALENT SUMMIT ACT".
155-24-48.5-702. Legislative declaration. (1) T
156-HE GENERAL ASSEMBLY
157-FINDS AND DECLARES THAT
158-:
417+NFORMATION ABOUT HOW THE PROPOSED REGIONAL TALENT14
418+SUMMIT WILL ADDRESS THE ECONOMIC DEVELOPMENT GOALS OF EACH15
419+REGION.16
420+(4) (a) T
421+HE OFFICE SHALL APPOINT A SELECTION COMMITTEE17
422+CONSISTING OF MEMBERS WHO REPRESENT THE OFFICE , THE COLORADO18
423+WORKFORCE DEVELOPMENT COUNCIL , LOCAL WORKFORCE DEVELOPMENT19
424+PRACTITIONERS, LOCAL EDUCATION PROVIDERS, INSTITUTIONS OF HIGHER20
425+EDUCATION, EDUCATION-RELATED COMMUNITY-BASED ORGANIZATIONS,21
426+AND THE STATEWIDE CHAMBER OF COMMERCE .22
427+(b) T
428+HE SELECTION COMMITTEE SHALL REVIEW GRANT23
429+APPLICATIONS IN ACCORDANCE WITH THE PROCESSES AND CRITERIA24
430+SPECIFIED IN AND DEVELOPED PURSUANT TO THIS SECTION AND SHALL25
431+MAKE FINAL DETERMINATIONS AND AWARD GRANTS BASED ON THESE26
432+PROCESSES AND CRITERIA.27
433+1365
434+-12- (c) (I) THE SELECTION COMMITTEE SHALL CONSIDER REGIONAL1
435+DIVERSITY, COMMUNITY ENGAGEMENT , LOCAL PARTNERSHIPS, AND EVENT2
436+CAPACITY WHEN SELECTING ONE OR MORE REGIONAL HOSTS .3
437+(II) M
438+EMBERS OF THE SELECTION COMMITTEE SERVE WITHOUT4
439+COMPENSATION BUT ARE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND5
440+NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THE MEMBERS '6
441+DUTIES.7
442+24-48.5-605. Regional talent summit grant program fund.8
443+(1) (a) T
444+HERE IS CREATED IN THE STATE TREASURY THE REGIONAL TALENT9
445+SUMMIT GRANT PROGRAM FUND .10
446+(b) O
447+N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER TWO11
448+HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND TO THE FUND12
449+FOR GRANTS TO A PROGRAM FACILITATOR AND ONE OR MORE REGIONAL13
450+HOSTS.14
451+(c) T
452+HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO15
453+THE OFFICE FOR USE IN ACCORDANCE WITH THIS PART 6.16
454+(2) T
455+HE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS,17
456+OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF18
457+THIS PART 6.19
458+24-48.5-606. Repeal of part. T
459+HIS PART 6 IS REPEALED, EFFECTIVE20
460+J
461+ULY 1,
462+2030.21
463+SECTION 6. In Colorado Revised Statutes, 8-83-208, add (1)(d)22
464+as follows:23
465+8-83-208. Implementation - local plans. (1) (d) B
466+EGINNING24
467+J
468+ANUARY 1, 2026, ANY MODIFIED OR NEW LOCAL PLAN MUST25
469+INCORPORATE THE TACTICAL PLANS CREATED PURSUANT TO SECTION26
470+24-48.5-604 (2)(a)(V).27
471+1365
472+-13- SECTION 7. In Colorado Revised Statutes, add 39-22-560 as1
473+follows:2
474+39-22-560. Workforce shortage tax credit - tax preference3
475+performance statement - report - definitions - repeal. (1) Tax4
476+preference performance statement. I
477+N ACCORDANCE WITH SECTION5
478+39-21-304
479+ (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW TAX6
480+EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE STATEMENT7
481+AS PART OF A STATUTORY LEGISLATIVE DECLARATION , THE GENERAL8
482+ASSEMBLY FINDS AND DECLARES THAT :9
159483 (a) T
160-HIS PART 7 IS INTENDED TO STRENGTHEN REGIONAL TALENT
161-DEVELOPMENT PIPELINES TO MEET WORKFORCE DEMAND
162-;
484+HE GENERAL LEGISLATIVE PURPOSES OF THE TAX CREDIT10
485+ALLOWED BY THIS SECTION ARE:11
486+(I) T
487+O INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS ;12
488+AND13
489+(II) T
490+O PROVIDE TAX RELIEF FOR CERTAIN BUSINESSES OR14
491+INDIVIDUALS.15
163492 (b) T
164-HE STATE HAS AN OPPORTUNITY TO FULFILL DEMAND FOR
165-WORKERS
166-, WHICH WILL ALLOW THE STATE TO MEET ITS STRATEGIC GOALS
167-AND GENERATE HIGH
168--QUALITY CAREERS; AND
169-(c) THE GRANT PROGRAM AND RELATED SERVICES DESCRIBED IN THIS
170-PART
171-7 ARE IMPORTANT GOVERNMENT SERVICES .
172-(2) T
173-HEREFORE, THE GENERAL ASSEMBLY CREATES THE REGIONAL
174-TALENT SUMMIT GRANT PROGRAM TO ADDRESS THESE NEEDS
175-.
176-24-48.5-703. Definitions. A
177-S USED IN THIS PART 7, UNLESS THE
178-PAGE 5-HOUSE BILL 24-1365 CONTEXT OTHERWISE REQUIRES :
179-(1) "A
180-PPLICANT" MEANS AN ENTITY THAT:
181-(a) H
182-AS THE CAPACITY TO HOST REGIONAL TALENT SUMMITS ACROSS
183-THE STATE THAT CONVENE TO UNDERSTAND REGIONAL LABOR MARKET
184-NEEDS IN EACH REGION OF THE STATE OR HAS THE CAPACITY TO CONVENE
185-,
186-FACILITATE, AND REPORT ON REGIONAL TALENT SUMMIT FINDINGS ; AND
187-(b) APPLIES FOR A GRANT FROM THE GRANT PROGRAM .
188-(2) "F
189-UND" MEANS THE REGIONAL TALENT SUMMIT GRANT PROGRAM
190-FUND CREATED IN SECTION
191-24-48.5-705.
192-(3) "G
193-RANT PROGRAM" MEANS THE REGIONAL TALENT SUMMIT
194-GRANT PROGRAM CREATED IN SECTION
195-24-48.5-704.
196-(4) "O
197-FFICE" MEANS THE COLORADO OFFICE OF ECONOMIC
198-DEVELOPMENT CREATED IN SECTION
199-24-48.5-101.
200-(5) "P
201-ROGRAM FACILITATOR" MEANS AN APPLICANT TO WHICH THE
202-OFFICE AWARDS A GRANT AND WITH WHICH THE OFFICE CONTRACTS
203-PURSUANT TO SECTION
204- 24-48.5-704 (2)(a).
205-(6) "R
206-EGIONAL HOST" MEANS AN APPLICANT THAT HAS BEEN
207-GRANTED AN AWARD TO SUPPORT THE COSTS OF HOSTING A REGIONAL
208-TALENT SUMMIT
209-.
210-(7) "R
211-EGIONAL TALENT SUMMIT" MEANS A CONVENING OF STATE
212-AND REGIONAL STAKEHOLDERS TO DISCUSS THE EC ONOMIC AND WORKFORCE
213-NEEDS OF THEIR REGION AND THE PROGRAMS AND RESOURCES THAT MIGHT
214-ADDRESS THOSE NEEDS
215-.
216-(8) "S
217-ELECTION COMMITTEE" MEANS THE SELECTION COMMITTEE
218-APPOINTED PURSUANT TO SECTION
219- 24-48.5-704 (4)(a) TO REVIEW AND MAKE
220-RECOMMENDATIONS ABOUT APPLICANTS
221-, TO SELECT AND AWARD A GRANT
222-TO THE REGIONAL HOST
223-, AND TO SELECT AND AWARD A GRANT TO THE
224-PROGRAM FACILITATOR
225-.
226-24-48.5-704. Regional talent summit grant program - creation
227-PAGE 6-HOUSE BILL 24-1365 - administration - eligibility - application review - report. (1) (a) T HERE
228-IS CREATED IN THE OFFICE THE REGIONAL TALENT SUMMIT GRANT PROGRAM
229-.
230-T
231-HE OFFICE SHALL ADMINISTER THE GRANT PROGRAM . THE SELECTION
232-COMMITTEE APPOINTED PURSUANT TO SUBSECTION
233-(4) OF THIS SECTION IS
234-RESPONSIBLE FOR MAKING GRANT AWARD DECISIONS IN ACCORDANCE WITH
235-THIS SECTION
236-.
237-(b) (I) T
238-HE PURPOSE OF THE GRANT PROGRAM IS TO PROVIDE GRANTS
239-TO THE PROGRAM FACILITATOR TO USE TO CONVENE AND FACILITATE
240-REGIONAL SUMMITS AND DEVELOP A REPORT ON THE FINDINGS OF THE
241-REGIONAL TALENT SUMMITS AND TO ONE OR MORE REGIONAL HOSTS TO USE
242-TO SUPPORT SEVEN REGIONAL TALENT SUMMITS
243-.
493+HE SPECIFIC LEGISLATIVE PURPOSE OF THE TAX CREDIT16
494+ALLOWED BY THIS SECTION IS TO ENCOURAGE WORKFORCE DEVELOPMENT17
495+IN INDUSTRIES THAT ARE FACING WORKER SHORTAGES BY PROVIDING18
496+FINANCIAL ASSISTANCE FOR FACILITY IMPROVEMENT AND EQUIPMENT19
497+ACQUISITION COSTS ASSOCIATED WITH TRAINING PROGRAMS DESIGNED TO20
498+ALLEVIATE WORKER SHORTAGES .21
499+(c) T
500+HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL22
501+MEASURE THE EFFECTIVENESS OF THE TAX CREDIT IN ACHIEVING THE23
502+PURPOSES SPECIFIED IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION24
503+BASED ON THE INFORMATION REQUIRED TO BE MAINTAINED AND REPORTED25
504+BY THE OFFICE PURSUANT TO SUBSECTION (12) OF THIS SECTION.26
505+(2) Definitions. A
506+S USED IN THIS SECTION, UNLESS THE CONTEXT27
507+1365
508+-14- OTHERWISE REQUIRES:1
509+(a) "A
510+PPLICANT" MEANS A PERSON SUBJECT TO TAX PURSUANT TO2
511+THIS ARTICLE 22, AN ENTITY THAT IS EXEMPT FROM TAXATION PURSUANT3
512+TO SECTION 39-22-112 (1), OR A POLITICAL SUBDIVISION OF THE STATE.4
513+(b) "A
514+PPLICATION" MEANS AN APPLICATION IN THE FORM AND5
515+MANNER APPROVED BY THE OFFICE FOR THE TAX CREDIT ALLOWED IN THIS6
516+SECTION.7
517+(c) "D
518+EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .8
519+(d) "F
520+EDERAL INVESTMENTS " MEANS THE FEDERAL9
521+"I
522+NFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-58, THE10
523+FEDERAL "INFLATION REDUCTION ACT OF 2022", PUB.L. 117-169, AND11
524+THE FEDERAL "CHIPS AND SCIENCE ACT OF 2022", PUB.L. 117-167.12
525+(e) "O
526+FFICE" MEANS THE COLORADO OFFICE OF EC ONOMIC13
527+DEVELOPMENT CREATED IN SECTION 24-48.5-101.14
528+(f) "P
529+OTENTIAL QUALIFIED ASSET" MEANS AN ASSET THAT MAY BE15
530+A QUALIFIED ASSET UPON THE DETERMINATION OF THE OFFICE .16
531+(g) "Q
532+UALIFIED APPLICANT" MEANS AN APPLICANT THAT MAKES17
533+A QUALIFIED INVESTMENT TO TRAIN INDIVIDUALS IN A QUALIFIED18
534+INDUSTRY AND THAT IS SELECTED PURSUANT TO SUBSECTION (5) OF THIS19
535+SECTION.20
536+(h) (I) "Q
537+UALIFIED ASSET" MEANS:21
538+(A) L
539+AND IN THIS STATE;22
540+(B) B
541+UILDINGS, FIXTURES, AND OTHER STRUCTURAL COMPONENTS23
542+OF BUILDINGS IN THIS STATE FOR WHICH THE APPLICANT IS ALLOWED A24
543+DEDUCTION FOR DEPRECIATION PURSUANT TO SECTION 167 OF THE25
544+INTERNAL REVENUE CODE, INCLUDING PURCHASING OR CONSTRUCTING A26
545+FACILITY, RENOVATING A FACILITY, MAKING TENANT IMPROVEMENTS , AND27
546+1365
547+-15- FUNDING A CAPITAL LEASE WITH CAPITALIZED LABOR , CONSTRUCTION,1
548+AND INSTALLATION COSTS;2
549+(C) T
550+ANGIBLE PERSONAL PROPERTY ACQUIRED FOR USE3
551+EXCLUSIVELY IN THIS STATE FOR WHICH THE APPLICANT IS ALLOWED A4
552+DEDUCTION FOR DEPRECIATION PURSUANT TO SECTION 167 OF THE5
553+INTERNAL REVENUE CODE; AND6
554+(D) C
555+OMPUTER SOFTWARE ACQUIRED FOR USE EXCLUSIVELY IN7
556+THIS STATE FOR WHICH THE APPLICANT IS ALLOWED A DEDUCTION FOR8
557+DEPRECIATION UNDER SECTION 167 OF THE INTERNAL REVENUE CODE.9
558+(II) F
559+OR PURPOSES OF THIS SUBSECTION (2)(h), IF AN APPLICANT IS10
560+NOT SUBJECT TO FEDERAL INCOME TAX , THE APPLICANT IS DEEMED TO BE11
561+ALLOWED A DEDUCTION FOR DEPRECIATION IF SUCH A DEDUCTION WOULD12
562+HAVE BEEN ALLOWED WERE THE APPLICANT SUBJECT TO FEDERAL INCOME13
563+TAX.14
564+(i) "Q
565+UALIFIED INDUSTRY" MEANS AN INDUSTRY AFFECTED BY15
566+FEDERAL INVESTMENTS THAT HAS A DEMONSTRATED WORKFORCE16
567+SHORTAGE, AS DETERMINED BY THE OFFICE AS SPECIFIED IN THE POLICIES17
568+AND PROCEDURES DEVELOPED BY THE OFFICE PURSUANT TO SUBSECTION18
569+(13)
570+ OF THIS SECTION.19
571+(j) "Q
572+UALIFIED INVESTMENT" MEANS THE AMOUNT PAID BY A20
573+QUALIFIED APPLICANT TO ACQUIRE, CONSTRUCT, RECONSTRUCT, OR ERECT21
574+A QUALIFIED ASSET TO THE EXTENT THE AMOUNT PAID REFLECTS NEW22
575+ACTIVITY AND TO THE EXTENT THE AMOUNT IS REQUIRED TO BE23
576+CAPITALIZED PURSUANT TO THE INTERNAL REVENUE CODE OR THE24
577+AMOUNT IS ALLOWED TO BE DEDUCTED UNDER SECTION 179 OF THE25
578+INTERNAL REVENUE CODE.26
579+(k) "S
580+ELECTION COMMITTEE" MEANS A SELECTION COMMITTEE27
581+1365
582+-16- APPOINTED BY THE OFFICE CONSISTING OF MEMBERS WHO HAVE EXPERTISE1
583+AND EXPERIENCE AS EMPLOYERS , IN EDUCATION, OR IN OTHER RELEVANT2
584+AREAS.3
585+(3) Tax credit allowed. (a) EXCEPT AS PROVIDED IN SUBSECTION4
586+(3)(c) OF THIS SECTION, A QUALIFIED APPLICANT IS ALLOWED TO USE A TAX5
587+CREDIT CERTIFICATE ISSUED BY THE OFFICE PURSUANT TO SUBSECTION (8)6
588+OF THIS SECTION AGAINST THE INCOME TAXES IMPOSED BY THIS ARTICLE7
589+22
590+ IN THE INCOME TAX YEAR THAT THE QUALIFIED APPLICANT PLACES A8
591+QUALIFIED ASSET IN SERVICE IN THE AMOUNT SPECIFIED ON THE TAX9
592+CREDIT CERTIFICATE ISSUED BY THE OFFICE; EXCEPT THAT THE TAX CREDIT10
593+CERTIFICATE MAY NOT BE USED IN AN INCOME TAX YEAR COMMENCING11
594+BEFORE JANUARY 1, 2026, AND MAY NOT BE USED IN AN INCOME TAX YEAR12
595+COMMENCING ON OR AFTER JANUARY 1, 2033.13
596+(b) I
597+N ORDER TO CLAIM THE TAX CREDIT ALLOWED PURSUANT TO14
598+THIS SECTION, THE QUALIFIED APPLICANT MUST SUBMIT AN APPLICATION15
599+AS SPECIFIED IN SUBSECTION (5) OF THIS SECTION, PLACE THE QUALIFIED16
600+ASSET INTO SERVICE BEFORE JANUARY 1, 2033, OBTAIN A TAX CREDIT17
601+CERTIFICATE FROM THE OFFICE AS SPECIFIED IN SUBSECTION (8) OF THIS18
602+SECTION, AND, ONCE ISSUED BY THE OFFICE , FILE THE TAX CREDIT19
603+CERTIFICATE WITH THE QUALIFIED APPLICANT 'S INCOME TAX RETURN AS20
604+SPECIFIED IN SUBSECTION (9) OF THIS SECTION.21
605+(c) A
606+ TAX CREDIT
607+IS NOT ALLOWED PURSUANT TO THIS SECTION 22
608+ IF:23
609+(I)
610+ THE AMOUNT REFUNDED PURSUANT TO SUBSECTION (10) OF24
611+THIS SECTION IS USED TO SUPPLANT LOCAL, STATE, OR FEDERAL MONEY25
612+THAT WOULD OTHERWISE BE APPROPRIATED ; OR26
244613 (II) T
245-HE OFFICE SHALL REQUIRE THE REGIONAL HOSTS AND THE
246-PROGRAM FACILITATOR TO COMPLETE ALL REGIONAL TALENT SUMMITS ON
247-OR BEFORE
248-JULY 1, 2025.
614+HE QUALIFIED APPLICANT EXPENDS MONEY RECEIVED FROM27
615+1365
616+-17- THE STATE TO OFFSET AT LEAST HALF OF A QUALIFIED INVESTMENT , NOT1
617+INCLUDING THE AMOUNT REFUNDED PURSUANT TO SUBSECTION (10) OF2
618+THIS SECTION.3
619+(4) Tax credit administration. E
620+XCEPT AS OTHERWISE PROVIDED4
621+IN SUBSECTION (7) OF THIS SECTION, THE OFFICE IS THE ADMINISTRATOR5
622+OF THE TAX CREDIT ALLOWED BY THIS SECTION .6
623+(5) Application submission and review. (a) A
624+N APPLICANT THAT7
625+INTENDS TO CLAIM A TAX CREDIT PURSUANT TO THIS SECTION SHALL8
626+SUBMIT AN APPLICATION TO THE OFFICE.9
627+(b) T
628+HE OFFICE SHALL ACCEPT APPLICATIONS FOR ANNUAL10
629+APPLICATION PERIODS BY DEADLINES ESTABLISHED IN THE POLICIES AND11
630+PROCEDURES DEVELOPED BY THE OFFICE PURSUANT TO SUBSECTION (13)12
631+OF THIS SECTION; EXCEPT THAT THE OFFICE MAY ONLY RECEIVE13
632+APPLICATIONS BETWEEN JANUARY 1, 2025, AND DECEMBER 31, 2029.14
633+(c) T
634+HE OFFICE SHALL REVIEW ALL SUBMITTED APPLICATIONS TO15
635+DETERMINE WHETHER:16
636+(I) T
637+HE APPLICANT IS A QUALIFIED APPLICANT; AND17
638+(II) T
639+HE APPLICATION IS COMPLETE AND INCLUDES A DESCRIPTION18
640+OF A POTENTIAL QUALIFIED ASSET AND THE ESTIMATED QUALIFIED19
641+INVESTMENT.20
642+(d) I
643+F THE OFFICE DETERMINES THAT THE APPLICATION IS21
644+COMPLETE AND IN COMPLIANCE, THE OFFICE SHALL ADD THE APPLICATION22
645+TO AN EVALUATION POOL FOR THE APPLICATION PERIOD . WITHIN A23
646+REASONABLE PERIOD AFTER THE END OF THE APPLICATION PERIOD , THE24
647+OFFICE SHALL FORWARD THE EVALUATION POOL TO THE SELECTION25
648+COMMITTEE FOR THE MERIT-BASED REVIEW DESCRIBED IN SUBSECTION (7)26
649+OF THIS SECTION.27
650+1365
651+-18- (e) IF THE OFFICE DETERMINES THAT THE APPLICATION IS1
652+INCOMPLETE OR THAT IT DOES NOT COMPLY WITH THE REQUIREMENTS OF2
653+THIS SECTION OR THE POLICIES AND PROCEDURES DEVELOPED BY THE3
654+OFFICE PURSUANT TO SUBSECTION (13) OF THIS SECTION, THE OFFICE4
655+SHALL REMOVE THE APPLICATION FROM THE REVIEW PROCESS AND NOTIFY5
656+THE APPLICANT IN WRITING OF ITS DECISION . AN APPLICANT MAY6
657+RESUBMIT A DISAPPROVED APPLICATION TO BE EVALUATED IN A FUTURE7
658+APPLICATION PERIOD.8
659+(6) Application and issuance fees. (a) (I) F
660+OR AN APPLICATION9
661+FOR WHICH THE AMOUNT OF THE TAX CREDIT REQUESTED BY AN10
662+APPLICANT PURSUANT TO THIS SECTION IS TWO HUNDRED FIFTY THOUSAND11
663+DOLLARS OR MORE, THE OFFICE MAY IMPOSE A REASONABLE APPLICATION12
664+FEE ON AN APPLICANT THAT DOES NOT EXCEED FIVE HUNDRED DOLLARS .13
665+(II)
666+ FOR AN APPLICATION FOR WHICH THE AMOUNT OF THE TAX14
667+CREDIT REQUESTED BY AN APPLICANT PURSUANT TO THIS SECTION IS LESS15
668+THAN TWO HUNDRED FIFTY THOUSAND DOLLARS , THE OFFICE MAY IMPOSE16
669+A REASONABLE APPLICATION FEE ON AN APPLICANT THAT DOES NOT17
670+EXCEED TWO HUNDRED DOLLARS .18
671+(b) T
672+HE OFFICE MAY IMPOSE ON A QUALIFIED APPLICANT A19
673+REASONABLE ISSUANCE FEE OF UP TO THREE PERCENT OF THE AMOUNT OF20
674+THE TAX CREDIT SPECIFIED ON THE TAX CREDIT CERTIFICATE ISSUED BY21
675+THE OFFICE AS SPECIFIED IN SUBSECTION (8) OF THIS SECTION, WHICH MUST22
676+BE PAID BEFORE THE TAX CREDIT CERTIFICATE IS ISSUED TO THE QUALIFIED23
677+APPLICANT.24
678+(c) A
679+NY FEE REVENUE COLLECTED PURSUANT TO THIS SUBSECTION25
680+(6)
681+ MUST BE APPLIED TO THE ADMINISTRATION OF THE TAX CREDIT26
682+CREATED BY THIS SECTION.27
683+1365
684+-19- (7) Merit-based review and tax credit reservation. (a) (I) F OR1
685+EACH APPLICATION PERIOD, THE SELECTION COMMITTEE SHALL CONDUCT2
686+A MERIT-BASED REVIEW OF THE APPLICATIONS THAT HAVE BEEN PLACED3
687+IN THE EVALUATION POOL PURSUANT TO SUBSECTION (5)(d) OF THIS4
688+SECTION. THE SELECTION COMMITTEE SHALL COMPLETE ITS REVIEW AND5
689+AWARD RESERVATIONS WITHIN A REASONABLE PERIOD AFTER THE END OF6
690+THE APPLICATION PERIOD, NOT TO EXCEED NINETY DAYS.7
691+(II) E
692+XCEPT AS PROVIDED IN SUBSECTION (7)(a)(IV) OF THIS8
693+SECTION, BASED UPON THE TOTALITY OF THE FACTORS SET FORTH IN9
694+SUBSECTION (7)(c) OF THIS SECTION, THE SELECTION COMMITTEE MAY10
695+RESERVE FOR THE BENEFIT OF A QUALIFIED APPLICANT A TAX CREDIT IN AN11
696+AMOUNT TO BE DETERMINED BY THE SELECTION COMMITTEE NOT TO12
697+EXCEED FIFTY PERCENT OF THE ESTIMATED QUALIFIED INVESTMENT ;13
698+EXCEPT THAT THE AGGREGATE AMOUNT OF TAX CREDITS RESERVED FOR14
699+ALL QUALIFIED APPLICANTS IN AN ANNUAL APPLICATION PERIOD MAY NOT15
700+EXCEED FIFTEEN MILLION DOLLARS.16
249701 (III) T
250-HE OFFICE SHALL REQUIRE THE PROGRAM FACILITATOR TO
251-SUBMIT ITS COMPREHENSIVE TACTICAL PLAN TO THE OFFICE ON OR BEFORE
252-DECEMBER 1, 2025.
253-(c) I
254-N PRIORITIZING GRANT APPLICATIONS AND AWARDING GRANTS ,
255-THE OFFICE, IN COLLABORATION WITH THE SELECTION COMMITTEE , SHALL
256-STRIVE TO MEET THE FOLLOWING GRANT PROGRAM GOALS
257-:
258-(I) F
259-OR A GRANT FOR A PROGRAM FACILITATOR :
702+HE SELECTION COMMITTEE MAY RESERVE TAX CREDITS TO17
703+BE USED BY A QUALIFIED APPLICANT FOR INCOME TAX YEARS18
704+COMMENCING ON OR AFTER JANUARY 1, 2026, BUT BEFORE JANUARY 1,19
705+2033,
706+ BASED UPON THE ANTICIPATED DATE THE QUALIFIED ASSET IS20
707+PLACED INTO SERVICE.21
708+(IV) I
709+F THE
710+SEPTEMBER 2025 REVENUE FORECAST, AND EACH22
711+SEPTEMBER REVENUE FORECAST THROUGH THE SEPTEMBER 202823
712+REVENUE FORECAST AS PREPARED BY EITHER LEGISLATIVE COUNCIL STAFF24
713+OR THE OFFICE OF STATE PLANNING AND BUDGETING , PROJECTS THAT25
714+STATE REVENUES, AS DEFINED IN SECTION 24-77-201 (4), WILL NOT26
715+INCREASE BY AT LEAST FOUR PERCENT FOR THE CURRENT FISCAL YEAR,27
716+1365
717+-20- THE AGGREGATE AMOUNT OF TAX CREDITS RESERVED FOR ALL QUALIFIED1
718+APPLICANTS IN THE APPLICATION PERIOD COMMENCING IN THE CALENDAR2
719+YEAR THAT BEGINS DURING THE CURRENT FISCAL YEAR IS REDUCED BY3
720+FIFTY PERCENT; EXCEPT THAT IF THE AMOUNT OF A REDUCED TAX CREDIT4
721+RESERVATION IS EQUAL TO OR LESS THAN FIVE HUNDRED DOLLARS , THEN5
722+THE SELECTION COMMITTEE SHALL NOT ISSUE A TAX CREDIT RESERVATION .6
723+(b) (I) I
724+F THE SELECTION COMMITTEE RESERVES TAX CREDITS FOR7
725+THE BENEFIT OF A QUALIFIED APPLICANT UNDER SUBSECTION (7)(a) OF8
726+THIS SECTION, THE SELECTION COMMITTEE SHALL NOTIFY THE OFFICE OF9
727+THE RESERVATION AND THE AMOUNT OF TAX CREDITS RESERVED . THE10
728+OFFICE SHALL NOTIFY THE QUALIFIED APPLICANT OF THE TAX CREDIT11
729+RESERVATION. THE RESERVATION OF A TAX CREDIT DOES NOT ENTITLE THE12
730+QUALIFIED APPLICANT TO AN ISSUANCE OF A TAX CREDIT CERTIFICATE13
731+UNTIL THE QUALIFIED APPLICANT COMPLIES WITH ALL THE REQUIREMENTS14
732+SPECIFIED IN THIS SECTION, BY THE SELECTION COMMITTEE , OR BY THE15
733+OFFICE, FOR THE ISSUANCE OF A TAX CREDIT CERTIFICATE PURSUANT TO16
734+SUBSECTION (8) OF THIS SECTION.17
735+(II) T
736+HE OFFICE SHALL NOTIFY ANY QUALIFIED APPLICANT IN18
737+WRITING FOR WHICH THE SELECTION COMMITTEE RESERVED NO TAX19
738+CREDIT UNDER SUBSECTION (7)(a) OF THIS SECTION.20
739+(c) (I) I
740+N CONDUCTING THE MERIT-BASED REVIEW PURSUANT TO21
741+SUBSECTION (7)(a) OF THIS SECTION, THE SELECTION COMMITTEE SHALL22
742+CONSIDER THE FACTORS SET FORTH IN THIS SUBSECTION (7)(c) IN23
743+ADDITION TO ANY OTHER FACTORS THE SELECTION COMMITTEE MAY24
744+REQUEST THE OFFICE TO INCLUDE IN ITS POLICIES AND PROCEDURES25
745+DEVELOPED PURSUANT TO SUBSECTION (13) OF THIS SECTION. THE26
746+SELECTION COMMITTEE MAY WEIGH THE FACTORS EQUALLY OR27
747+1365
748+-21- DIFFERENTLY.1
749+(II) T
750+HE SELECTION COMMITTEE SHALL CONSIDER :2
751+(A) W
752+HETHER THE QUALIFIED APPLICANT 'S QUALIFIED3
753+INVESTMENT WILL INFLUENCE COMPETITIVENESS IN A QUALIFIED4
754+INDUSTRY;5
755+(B) W
756+HETHER THE QUALIFIED APPLICANT 'S QUALIFIED6
757+INVESTMENT WILL RESULT IN INCREASED JOB PLACEMENTS IN QUALIFIED7
758+INDUSTRIES OR INCREASED JOB PLACEMENTS WITH A LIVING WAGE IN8
759+QUALIFIED INDUSTRIES;9
760+(C) T
761+HE TYPE, SCOPE, AND QUALITY OF THE QUALIFIED10
762+APPLICANT'S QUALIFIED ASSET AND THE RESULTING TRAINING OF11
763+INDIVIDUALS IN A QUALIFIED INDUSTRY; AND12
764+(D) W
765+HETHER THE QUALIFIED APPLICANT 'S QUALIFIED13
766+INVESTMENT WILL RESULT IN INCREASED TRAINING AND WORKFORCE14
767+DEVELOPMENT IN A QUALIFIED INDUSTRY .15
768+(d) T
769+HE SELECTION COMMITTEE MAY IMPOSE ADDITIONAL16
770+REQUIREMENTS ON THE QUALIFIED APPLICANT AS A CONDITION OF17
771+AWARDING THE TAX CREDIT RESERVATION PURSUANT TO THIS SUBSECTION18
772+(7).19
773+(8) Proof of compliance - audit of eligible expenditure20
774+certification - issuance of tax credit certificate. A
775+FTER A QUALIFIED21
776+APPLICANT PLACES A POTENTIAL QUALIFIED ASSET IN SERVICE , THE22
777+QUALIFIED APPLICANT SHALL NOTIFY THE OFFICE THAT THE POTENTIAL23
778+QUALIFIED ASSET HAS BEEN PLACED IN SERVICE AND SHALL CERTIFY THE24
779+QUALIFIED INVESTMENT, AFTER WHICH THE OFFICE SHALL MAKE A FINAL25
780+DETERMINATION WHETHER THE POTENTIAL QUALIFIED ASSET IS A26
781+QUALIFIED ASSET. THE QUALIFIED APPLICANT SHALL INCLUDE A REVIEW27
782+1365
783+-22- OF THE CERTIFICATION BY A LICENSED CERTIFIED PUBLIC ACCOUNTANT1
784+THAT IS NOT AFFILIATED WITH THE QUALIFIED APPLICANT AND THAT2
785+ALIGNS WITH OFFICE POLICIES FOR CERTIFICATION OF A QUALIFIED3
786+INVESTMENT. THE QUALIFIED APPLICANT SHALL ALSO CERTIFY AND4
787+PROVIDE DOCUMENTS DEMONSTRATING THAT THE QUALIFIED APPLICANT5
788+SATISFIED ANY ADDITIONAL REQUIREMENTS IMPOSED BY THE SELECTION6
789+COMMITTEE PURSUANT TO SUBSECTION (7) OF THIS SECTION. WITHIN A7
790+REASONABLE TIME AFTER RECEIPT OF SUCH DOCUMENTATION FROM THE8
791+QUALIFIED APPLICANT, THE OFFICE SHALL REVIEW THE QUALIFIED9
792+APPLICANT'S DOCUMENTATION OF CERTIFIED QUALIFIED INVESTMENT ,10
793+DETERMINE WHETHER THE DOCUMENTATION SATISFIES THE11
794+REQUIREMENTS OF THE OFFICE, AND, IF THE OFFICE DETERMINES THAT THE12
795+DOCUMENTATION SATISFIES THE REQUIREMENTS OF THE OFFICE , THE13
796+OFFICE SHALL ISSUE A TAX CREDIT CERTIFICATE IN THE AMOUNT SPECIFIED14
797+IN THE TAX CREDIT RESERVATION, NOT TO EXCEED FIFTY PERCENT OF THE15
798+CERTIFIED QUALIFIED INVESTMENT, ISSUED TO THE QUALIFIED APPLICANT16
799+PURSUANT TO SUBSECTION (7) OF THIS SECTION; EXCEPT THAT A TAX17
800+CREDIT CERTIFICATE MAY NOT BE ISSUED FOR AN INCOME TAX YEAR18
801+COMMENCING BEFORE JANUARY 1, 2026, OR FOR AN INCOME TAX YEAR19
802+COMMENCING ON OR AFTER JANUARY 1, 2033.20
803+(9) Filing tax credit certificate with income tax return. (a) I
804+N21
805+ORDER TO CLAIM THE TAX CREDIT AUTHORIZED BY THIS SECTION , A22
806+QUALIFIED APPLICANT SHALL FILE THE TAX CREDIT CERTIFICATE ISSUED BY23
807+THE OFFICE PURSUANT TO SUBSECTION (8) OF THIS SECTION WITH THE24
808+QUALIFIED APPLICANT'S STATE INCOME TAX RETURN . IF THE QUALIFIED25
809+APPLICANT IS A POLITICAL SUBDIVISION OF THE STATE OR IS EXEMPT FROM26
810+TAX PURSUANT TO SECTION 39-22-112 (1), THE QUALIFIED APPLICANT27
811+1365
812+-23- SHALL FILE A RETURN PURSUANT TO SECTION 39-22-601 (7)(b). THE1
813+AMOUNT OF THE TAX CREDIT THAT A QUALIFIED APPLICANT MAY CLAIM2
814+PURSUANT TO THIS SECTION IS THE AMOUNT STATED ON THE TAX CREDIT3
815+CERTIFICATE.4
816+(b) A
817+ TAX CREDIT CERTIFICATE ISSUED TO A PARTNERSHIP , A5
818+LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP , OR MULTIPLE6
819+OWNERS OF A PROPERTY MUST BE PASSED THROUGH TO THE PARTNERS ,7
820+MEMBERS, OR OWNERS, INCLUDING ANY NONPROFIT ENTITY THAT IS A8
821+PARTNER, MEMBER, OR OWNER, RESPECTIVELY, ON A PRO RATA BASIS OR9
822+PURSUANT TO AN EXECUTED AGREEMENT AMONG THE PARTNERS ,10
823+MEMBERS, OR OWNERS DOCUMENTING AN ALTERNATE DISTRIBUTION11
824+METHOD.12
825+(10) Refundability. I
826+F THE AMOUNT OF THE TAX CREDIT ALLOWED13
827+PURSUANT TO THIS SECTION EXCEEDS THE AMOUNT OF INCOME TAXES14
828+OTHERWISE DUE ON THE INCOME OF THE QUALIFIED APPLICANT IN THE15
829+INCOME TAX YEAR FOR WHICH THE TAX CREDIT IS BEING CLAIMED , OR THE16
830+QUALIFIED APPLICANT IS A POLITICAL SUBDIVISION OF THE STATE OR A17
831+PERSON WHO IS EXEMPT FROM TAXATION PURSUANT TO SECTION18
832+39-22-112
833+ (1), THE AMOUNT OF THE TAX CREDIT NOT USED AS AN OFFSET19
834+AGAINST INCOME TAXES IN THE INCOME TAX YEAR IS REFUNDED TO THE20
835+QUALIFIED APPLICANT.21
836+(11) Compliance monitoring and recapture. (a) E
837+XCEPT AS22
838+PROVIDED IN SUBSECTION (11)(b) OF THIS SECTION, IF, AS OF THE LAST23
839+DAY OF ANY TAXABLE YEAR DURING THE COMPLIANCE PERIOD , THE24
840+EQUIPMENT, BUILDING, STRUCTURE, OR FACILITY THAT WAS DEEMED A25
841+QUALIFIED ASSET IS NOT BEING USED AS A QUALIFIED ASSET , THE OFFICE26
842+SHALL NOTIFY THE QUALIFIED APPLICANT AND THE DEPARTMENT THAT27
843+1365
844+-24- THE TAX CREDIT ALLOWED IN THIS SECTION IS DISALLOWED . THE1
845+QUALIFIED APPLICANT SHALL ADD THE FULL AMOUNT OF THE TAX CREDIT2
846+THAT WAS ACTUALLY USED TO OFFSET THE QUALIFIED APPLICANT 'S3
847+INCOME TAX OR REFUNDED TO THE QUALIFIED APPLICANT TO ITS RETURN4
848+AS A RECAPTURED TAX CREDIT FOR THE TAXABLE YEAR IN WHICH THE TAX5
849+CREDIT IS DISALLOWED PURSUANT TO THIS SUBSECTION (11).6
850+(b) T
851+HE POTENTIAL INCREASE IN TAX REQUIRED PURSUANT TO7
852+SUBSECTION (11)(a) OF THIS SECTION DOES NOT APPLY:8
853+(I) I
854+F A BUILDING, STRUCTURE, OR FACILITY IS NOT A QUALIFIED9
855+ASSET AS A RESULT OF A CASUALTY LOSS IF THE LOSS IS RESTORED BY10
856+RECONSTRUCTION OR REPLACEMENT WITHIN A REASONABLE PERIOD11
857+ESTABLISHED BY THE OFFICE;
858+ 12
859+(II) S
860+OLELY BY REASON OF THE DISPOSITION OF A BUILDING ,13
861+STRUCTURE, OR FACILITY, OR AN INTEREST THEREIN, IF IT IS REASONABLY14
862+EXPECTED THAT THE BUILDING, STRUCTURE, OR FACILITY WILL CONTINUE15
863+TO BE OPERATED AS A QUALIFIED ASSET FOR THE REMAINDER OF THE16
864+COMPLIANCE
865+PERIOD; OR17
866+(III) IF A QUALIFYING ASSET IS REPLACED OR UPGRADED IN THE18
867+NORMAL COURSE OF ITS USE.19
868+(c) (I) T
869+HE OFFICE SHALL ESTABLISH REPORTING REQUIREMENTS20
870+TO MONITOR COMPLIANCE WITH THIS SUBSECTION (11) THAT SHALL21
871+INCLUDE:22
872+(A) A
873+ DISPOSITION OF A QUALIFIED ASSET BY THE QUALIFIED23
874+APPLICANT;24
875+(B) T
876+HE NUMBER OF ANNUAL TRAINEES WHO HAVE USED A25
877+QUALIFIED ASSET;26
878+(C) T
879+HE GEOGRAPHIC DISTRIBUTION OF TRAINEES WHO HAVE USED27
880+1365
881+-25- A QUALIFIED ASSET;1
882+(D) D
883+EMOGRAPHIC INFORMATION ABOUT THE TRAINEES WHO HAVE2
884+USED A QUALIFIED ASSET;3
885+(E) T
886+HE LOCATION AND DISPOSITION OF ASSETS DISPLACED BY A4
887+QUALIFIED ASSET, IF ANY; AND5
888+(F) T
889+O THE EXTENT A QUALIFIED ASSET IS USED TO EXPAND OR6
890+CREATE A TRAINING FACILITY, AN ASSESSMENT OF TRAINING CAPACITY7
891+PRIOR TO IMPLEMENTATION OF THE QUALIFIED ASSET .8
892+(II) I
893+F A DISPUTE ARISES ABOUT WHETHER A POTENTIAL QUALIFIED9
894+ASSET IS A QUALIFIED ASSET, THE OFFICE SHALL ADJUDICATE THE DISPUTE10
895+AND NOTIFY THE DEPARTMENT OF THE RESOLUTION .11
896+(III) N
897+OTWITHSTANDING SECTION 39-21-107 (2), IF A QUALIFIED12
898+ASSET IS DISPOSED OF DURING ANY TAXABLE YEAR DURING THE13
899+COMPLIANCE PERIOD, AND THEREAFTER THE ASSET IS NOT A QUALIFIED14
900+ASSET:15
260901 (A) T
261-O UNDERSTAND WORKFORCE DEVELOPMENT NEEDS IN REGIONS
262-OF THE STATE
263-;
902+HE QUALIFIED APPLICANT SHALL ADD THE FULL AMOUNT OF16
903+THE TAX CREDIT TO ITS RETURN AS A RECAPTURED TAX CREDIT FOR THE17
904+TAXABLE YEAR IN WHICH THE TAX CREDIT IS DISALLOWED PURSUANT TO18
905+THIS SUBSECTION (11) NOTWITHSTANDING THE DISPOSITION OF THE19
906+QUALIFIED ASSET;20
264907 (B) T
265-O GENERATE A LANDSCAPE ANALYSIS FOR EACH IDENTIFIED
266-REGION THAT INCLUDES JOB PROJECTIONS AND AN OVERVIEW OF
267-EDUCATIONAL PATHWAYS
268-;
908+HE STATUTORY PERIOD FOR THE ASSESSMENT OF ANY21
909+DEFICIENCY WITH RESPECT TO THE DISALLOWED TAX CREDIT MUST NOT22
910+EXPIRE BEFORE THE EXPIRATION OF THREE YEARS FROM THE DATE THE23
911+OFFICE IS NOTIFIED, IN SUCH A MANNER AS THE OFFICE DETERMINES, THAT24
912+THE STRUCTURE IS NOT A QUALIFIED ASSET; AND25
269913 (C) T
270-O GATHER INSIGHT FROM EMPLOYERS ABOUT CRITICAL
271-WORKFORCE AND TRAINING NEEDS
272-;
914+HE DEPARTMENT SHALL ASSESS ANY DEFICIENCY BEFORE THE26
915+EXPIRATION OF SUCH THREE -YEAR PERIOD TOGETHER WITH ANY27
916+1365
917+-26- APPLICABLE INTEREST AND PENALTY IMPOSED PURSUANT TO THIS ARTICLE1
918+22.2
919+(d) A
920+S USED IN THIS SUBSECTION (11), UNLESS THE CONTEXT3
921+OTHERWISE REQUIRES, "COMPLIANCE PERIOD" MEANS THE PERIOD OF4
922+FIFTEEN YEARS FOLLOWING THE TAXABLE YEAR IN WHICH THE QUALIFIED5
923+APPLICANT PLACED THE QUALIFIED ASSET IN SERVICE .6
924+(12) Reporting. (a) N
925+O LATER THAN DECEMBER 31, 2025, AND,7
926+NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136 (11)(a)(I), NO8
927+LATER THAN DECEMBER 31 OF EACH YEAR THEREAFTER THROUGH 2033,9
928+THE OFFICE SHALL PROVIDE A WRITTEN REPORT TO THE GENERAL10
929+ASSEMBLY AND SHALL FURTHER MAKE THE REPORT AVAILABLE TO THE11
930+PUBLIC. IN CONNECTION WITH TAX CREDITS ISSUED PURSUANT TO THIS12
931+SECTION, THE REPORT MUST INCLUDE:13
932+(I) T
933+HE NUMBER OF QUALIFIED ASSETS PLACED IN SERVICE ;14
934+(II) A
935+ DESCRIPTION OF THE USE OR USES OF EACH QUALIFIED ASSET15
936+AND A STATEWIDE SUMMARY OF THE NUMBER OF QUALIFIED ASSETS FOR16
937+EACH USE; AND17
938+(III) T
939+HE AMOUNT OF ANY DISALLOWED TAX CREDIT RECAPTURED18
940+PURSUANT TO SUBSECTION (11) OF THIS SECTION.19
941+(b) T
942+HE OFFICE SHALL, IN A SUFFICIENTLY TIMELY MANNER TO20
943+ALLOW THE DEPARTMENT TO PROCESS RETURNS CLAIMING THE INCOME21
944+TAX CREDIT ALLOWED IN THIS SECTION, PROVIDE THE DEPARTMENT WITH22
945+AN ELECTRONIC REPORT OF EACH QUALIFIED APPLICANT TO WHICH THE23
946+OFFICE ISSUES A TAX CREDIT CERTIFICATE FOR THE PRECEDING TAX YEAR24
947+THAT INCLUDES THE FOLLOWING INFORMATION :25
948+(I) T
949+HE QUALIFIED APPLICANT'S NAME;26
950+(II) T
951+HE AMOUNT OF THE TAX CREDIT; AND27
952+1365
953+-27- (III) THE QUALIFIED APPLICANT'S SOCIAL SECURITY NUMBER OR1
954+THE QUALIFIED APPLICANT'S COLORADO ACCOUNT NUMBER AND FEDERAL2
955+EMPLOYER IDENTIFICATION NUMBER .3
956+(c) T
957+HE OFFICE, THE OFFICE OF THE STATE AUDITOR, OR THE OFFICE4
958+OF THE STATE CONTROLLER MAY REVIEW THE QUALIFIED APPLICANT 'S5
959+FINANCES, EXPENSES, EQUIPMENT, EMPLOYMENT, AND TRAINING6
960+DOCUMENTATION RELATING TO A QUALIFIED INVESTMENT IN A QUALIFIED7
961+ASSET.8
962+(13) Policies and procedures. (a) T
963+HE OFFICE MAY CREATE AND9
964+MODIFY POLICIES, PROCEDURES, AND GUIDELINES AS NECESSARY TO10
965+FURTHER ADMINISTER THE TAX CREDITS ALLOWED PURSUANT TO THIS11
966+SECTION AND SHALL SOLICIT ADVICE FROM THE DEPARTMENT IN CREATING12
967+AND MODIFYING SUCH POLICIES, PROCEDURES, AND GUIDELINES.13
968+(b) T
969+HE OFFICE SHALL DEVELOP STANDARDS FOR DETERMINING14
970+WHICH INDUSTRIES ARE INCLUDED AS A QUALIFIED INDUSTRY FOR WHICH15
971+A TAX CREDIT UNDER THIS SECTION IS ALLOWED TO A QUALIFIED16
972+APPLICANT.17
973+(c) A
974+NY STANDARDS DEVELOPED BY THE OFFICE PURSUANT TO18
975+THIS SUBSECTION (13) MUST BE POSTED ON THE OFFICE'S WEBSITE. THE19
976+OFFICE MAY ANNUALLY REVIEW AND UPDATE AS NECESSARY STANDARDS20
977+DEVELOPED PURSUANT TO THIS SUBSECTION (13).21
273978 (d) T
274-O CREATE REGIONAL GOALS FOR ADDRESSING TALENT NEEDS ;
275-(E) T
276-O DEVELOP COMPREHENSIVE TACTICAL PLANS ; AND
277-PAGE 7-HOUSE BILL 24-1365 (F) TO SUBMIT THE WORKFORCE PLANS GENERATED BY THE
278-PROGRAM FACILITATOR AS A RESULT OF THE REGIONAL TALENT SUMMITS BY
279-DECEMBER 1, 2025, TO THE OFFICE. THE OFFICE SHALL PROVIDE THE
280-WORKFORCE PLANS TO THE STATE WORKFORCE DEVELOPMENT COUNCIL
281-WHICH SHALL PUBLISH THE PLANS IN THE
282-COLORADO TALENT REPORT
283-PREPARED PURSUANT TO SECTION
284- 24-46.3-103 (3) AND SHALL COORDINATE
285-WITH LOCAL ENTITIES AND ACROSS STATE AGENCIES TO SUPPORT REGIONAL
286-GOALS
287-.
288-(II) F
289-OR A GRANT FOR A REGIONAL HOST:
290-(A) T
291-O SECURE A FACILITY TO HOST THE REGIONAL SUMMIT ;
292-(B) T
293-O DETERMINE RELEVANT PARTNERS TO ATTEND THE REGIONAL
294-SUMMIT
295-; AND
296-(C) TO GATHER INSIGHT FROM REGIONAL EMPLOYERS ABOUT
297-WORKFORCE TRAINING NEEDS
298-.
299-(2) T
300-HE OFFICE, THROUGH THE SELECTION COMMITTEE , SHALL:
301-(a) A
302-WARD A GRANT TO AND EXECUTE A CONTRACT WITH A
303-PROGRAM FACILITATOR
304-. THE OFFICE SHALL REQUIRE THE PROGRAM
305-FACILITATOR TO
306-:
307-(I) W
308-ORK WITH THE OFFICE, THE DEPARTMENT OF LABOR AND
309-EMPLOYMENT
310-, THE DEPARTMENT OF EDUCATION, LOCAL DATA EXPERTS, AND
311-THE DEPARTMENT OF HIGHER EDUCATION TO GENERATE A LANDSCAPE
312-ANALYSIS FOR EACH IDENTIFIED REGION THAT INCLUDES JOB PROTECTIONS
313-AND AN OVERVIEW OF EDUCATIONAL PATHWAYS
314-;
315-(II) W
316-ORK WITH REGIONAL HOSTS TO PLAN REGIONAL TALENT
317-SUMMITS
318-;
319-(III) F
320-ACILITATE A SUMMIT FOR REGIONAL ATTENDEES TO IDENTIFY
321-REGIONAL ECONOMIC GOALS AND WORKFORCE DEVELOPMENT NEEDS
322-;
323-(IV) C
324-REATE ALIGNMENT BETWEEN BUSINESS , EDUCATION,
325-WORKFORCE, AND COMMUNITY PARTNERS FOR WORKFORCE DEVELOPMENT ;
326-AND
327-PAGE 8-HOUSE BILL 24-1365 (V) DEVELOP COMPREHENSIVE TACTICAL PLANS INFORMED BY THE
328-RESOURCES AND NEEDS OF EACH REGION THAT SET TWO
329--YEAR GOALS AND
330-FIVE
331--YEAR GOALS FOR DEVELOPING MORE CAREER PATHWAYS IN HIGH -NEED
332-FIELDS IN EACH REGION INCLUDING A LANDSCAPE ANALYSIS FOR EACH
333-REGION OF THE STATE THAT IDENTIFIES REGIONAL WORKFORCE NEEDS
334-,
335-OPPORTUNITIES, AND CHALLENGES.
336-(b) A
337-WARD A GRANT TO ONE OR MORE REGIONAL HOSTS . THE OFFICE
338-SHALL REQUIRE THE REGIONAL HOSTS TO
339-:
340-(I) S
341-ECURE A FACILITY TO HOST EACH REGIONAL SUMMIT ;
342-(II) D
343-ETERMINE RELEVANT BUSINESS , EDUCATION, WORKFORCE, AND
344-COMMUNITY PARTNERS TO PARTICIPATE IN EACH REGIONAL SUMMIT
345-; AND
346-(III) GATHER INSIGHT FROM REGIONAL EMPLOYERS ABOUT CRITICAL
347-WORKFORCE AND TRAINING NEEDS
348-.
349-(c) E
350-STABLISH A PROCESS FOR AN APPLICANT TO APPLY FOR A GRANT
351-TO FUND THE DEVELOPMENT OF REGIONAL TALENT SUMMITS
352-, WHICH
353-APPLICATION PROCESS MUST BE COMPLETED NO LATER THAN
354-NOVEMBER 1,
355-2024;
356- AND
357-(d) ESTABLISH POLICIES SETTING FORTH THE PARAMETERS AND
358-ELIGIBILITY FOR THE GRANT PROGRAM
359-.
360-(3) T
361-O BE ELIGIBLE FOR A GRANT , AN APPLICANT MUST, AT A
362-MINIMUM
363-, INCLUDE WITH ITS GRANT APPLICATION:
364-(a) A
365- DETAILED PROPOSAL AND OPERATIONS PLAN THAT MEETS THE
366-GOALS SPECIFIED IN SUBSECTION
367- (1)(c) OF THIS SECTION; AND
368-(b) INFORMATION ABOUT HOW THE PROPOSED REGIONAL TALENT
369-SUMMIT WILL ADDRESS THE ECONOMIC DEVELOPMENT GOALS OF EACH
370-REGION
371-.
372-(4) (a) T
373-HE OFFICE SHALL APPOINT A SELECTION COMMITTEE
374-CONSISTING OF MEMBERS WHO REPRESENT THE OFFICE
375-, THE COLORADO
376-WORKFORCE DEVELOPMENT COUNCIL
377-, LOCAL WORKFORCE DEVELOPMENT
378-PRACTITIONERS
379-, LOCAL EDUCATION PROVIDERS , INSTITUTIONS OF HIGHER
380-PAGE 9-HOUSE BILL 24-1365 EDUCATION, EDUCATION-RELATED COMMUNITY -BASED ORGANIZATIONS,
381-AND THE STATEWIDE CHAMBER OF COMMERCE .
382-(b) T
383-HE SELECTION COMMITTEE SHALL REVIEW GRANT APPLICATIONS
384-IN ACCORDANCE WITH THE PROCESSES AND CRITERIA SPECIFIED IN AND
385-DEVELOPED PURSUANT TO THIS SECTION AND SHALL MAKE FINAL
386-DETERMINATIONS AND AWARD GRANTS BASED ON THESE PROCESSES AND
387-CRITERIA
388-.
389-(c) (I) T
390-HE SELECTION COMMITTEE S HALL CONSIDER REGIONAL
391-DIVERSITY
392-, COMMUNITY ENGAGEMENT , LOCAL PARTNERSHIPS, AND EVENT
393-CAPACITY WHEN SELECTING ONE OR MORE REGIONAL HOSTS
394-.
395-(II) M
396-EMBERS OF THE SELECTION COMMITTEE SERVE WITHOUT
397-COMPENSATION BUT ARE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND
398-NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF THE MEMBERS
399-'
400-DUTIES.
401-24-48.5-705. Regional talent summit grant program fund.
402-(1) (a) T
403-HERE IS CREATED IN THE STATE TREASURY THE REGIONAL TALENT
404-SUMMIT GRANT PROGRAM FUND
405-.
406-(b) O
407-N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER TWO
408-HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND TO THE FUND FOR
409-GRANTS TO A PROGRAM FACILITATOR AND ONE OR MORE REGIONAL HOSTS
410-.
411-(c) T
412-HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
413-THE OFFICE FOR USE IN ACCORDANCE WITH THIS PART
414-7.
415-(2) T
416-HE OFFICE MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR
417-DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS
418-PART
419-7.
420-24-48.5-706. Repeal of part. T
421-HIS PART 7 IS REPEALED, EFFECTIVE
422-JULY 1, 2030.
423-SECTION 6. In Colorado Revised Statutes, 8-83-208, add (1)(d)
424-as follows:
425-8-83-208. Implementation - local plans. (1) (d) B
426-EGINNING
427-PAGE 10-HOUSE BILL 24-1365 JANUARY 1, 2026, ANY MODIFIED OR NEW LOCAL PLAN MUST INCORPORATE
428-THE TACTICAL PLANS CREATED PURSUANT TO SECTION
429- 24-48.5-704
430-(2)(a)(V).
431-SECTION 7. In Colorado Revised Statutes, add 39-22-565 as
432-follows:
433-39-22-565. Workforce shortage tax credit - tax preference
434-performance statement - report - definitions - repeal. (1) Tax
435-preference performance statement. I
436-N ACCORDANCE WITH SECTION
437-39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW TAX
438-EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE STATEMENT
439-AS PART OF A STATUTORY LEGISLATIVE DECLARATION
440-, THE GENERAL
441-ASSEMBLY FINDS AND DECLARES THAT
442-:
443-(a) T
444-HE GENERAL LEGISLATIVE PURPOSES OF THE TAX CREDIT
445-ALLOWED BY THIS SECTION ARE
446-:
447-(I) T
448-O INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS ; AND
449-(II) TO PROVIDE TAX RELIEF FOR CERTAIN BUSINESSES OR
450-INDIVIDUALS
451-.
452-(b) T
453-HE SPECIFIC LEGISLATIVE PURPOSE OF THE TAX CREDIT
454-ALLOWED BY THIS SECTION IS TO ENCOURAGE WORKFORCE DEVELOPMENT
455-IN INDUSTRIES THAT ARE FACING WORKER SHORTAGES BY PROVIDING
456-FINANCIAL ASSISTANCE FOR FACILITY IMPROVEMENT AND EQUIPMENT
457-ACQUISITION COSTS ASSOCIATED WITH TRAINING PROGRAMS DESIGNED TO
458-ALLEVIATE WORKER SHORTAGES
459-.
460-(c) T
461-HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL
462-MEASURE THE EFFECTIVENESS OF THE TAX CREDIT IN ACHIEVING THE
463-PURPOSES SPECIFIED IN SUBSECTIONS
464- (1)(a) AND (1)(b) OF THIS SECTION
465-BASED ON THE INFORMATION REQUIRED TO BE MAINTAINED AND REPORTED
466-BY THE OFFICE PURSUANT TO SUBSECTION
467-(12) OF THIS SECTION.
468-(2) Definitions. A
469-S USED IN THIS SECTION, UNLESS THE CONTEXT
470-OTHERWISE REQUIRES
471-:
472-(a) "A
473-PPLICANT" MEANS A PERSON SUBJECT TO TAX PURSUANT TO
474-PAGE 11-HOUSE BILL 24-1365 THIS ARTICLE 22, AN ENTITY THAT IS EXEMPT FROM TAXATION PURSUANT TO
475-SECTION
476-39-22-112 (1), OR A POLITICAL SUBDIVISION OF THE STATE.
477-(b) "A
478-PPLICATION" MEANS AN APPLICATION IN THE FORM AND
479-MANNER APPROVED BY THE OFFICE FOR THE TAX CREDIT ALLOWED IN THIS
480-SECTION
481-.
482-(c) "D
483-EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .
484-(d) "F
485-EDERAL INVESTMENTS " MEANS THE FEDERAL
486-"INFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-58, THE
487-FEDERAL
488-"INFLATION REDUCTION ACT OF 2022", PUB.L. 117-169, AND THE
489-FEDERAL
490-"CHIPS AND SCIENCE ACT OF 2022", PUB.L. 117-167.
491-(e) "O
492-FFICE" MEANS THE COLORADO OFFICE OF ECONOMIC
493-DEVELOPMENT CREATED IN SECTION
494-24-48.5-101.
495-(f) "P
496-OTENTIAL QUALIFIED ASSET" MEANS AN ASSET THAT MAY BE
497-A QUALIFIED ASSET UPON THE DETERMINATION OF THE OFFICE
498-.
499-(g) "Q
500-UALIFIED APPLICANT" MEANS AN APPLICANT THAT MAKES A
501-QUALIFIED INVESTMENT TO TRAIN INDIVIDUALS IN A QUALIFIED INDUSTRY
502-AND THAT IS SELECTED PURSUANT TO SUBSECTION
503-(5) OF THIS SECTION.
504-(h) (I) "Q
505-UALIFIED ASSET" MEANS:
506-(A) L
507-AND IN THIS STATE;
508-(B) B
509-UILDINGS, FIXTURES, AND OTHER STRUCTURAL COMPONENTS
510-OF BUILDINGS IN THIS STATE FOR WHICH THE APPLICANT IS ALLOWED A
511-DEDUCTION FOR DEPRECIATION PURSUANT TO SECTION
512-167 OF THE INTERNAL
513-REVENUE CODE
514-, INCLUDING PURCHASING OR CONSTRUCTING A FACILITY ,
515-RENOVATING A FACILITY, MAKING TENANT IMPROVEMENTS , AND FUNDING
516-A CAPITAL LEASE WITH CAPITALIZED LABOR
517-, CONSTRUCTION, AND
518-INSTALLATION COSTS
519-;
520-(C) T
521-ANGIBLE PERSONAL PROPERTY ACQUIRED FOR USE
522-EXCLUSIVELY IN THIS STATE FOR WHICH THE APPLICANT IS ALLOWED A
523-DEDUCTION FOR DEPRECIATION PURSUANT TO SECTION
524-167 OF THE INTERNAL
525-REVENUE CODE
526-; AND
527-PAGE 12-HOUSE BILL 24-1365 (D) COMPUTER SOFTWARE ACQUIRED FOR USE EXCLUSIVELY IN THIS
528-STATE FOR WHICH THE APPLICANT IS ALLOWED A DEDUCTION FOR
529-DEPRECIATION UNDER SECTION
530-167 OF THE INTERNAL REVENUE CODE.
531-(II) F
532-OR PURPOSES OF THIS SUBSECTION (2)(h), IF AN APPLICANT IS
533-NOT SUBJECT TO FEDERAL INCOME TAX
534-, THE APPLICANT IS DEEMED TO BE
535-ALLOWED A DEDUCTION FOR DEPRECIATION IF SUCH A DEDUCTION WOULD
536-HAVE BEEN ALLOWED WERE THE APPLICANT SUBJECT TO FEDERAL INCOME
537-TAX
538-.
539-(i) "Q
540-UALIFIED INDUSTRY" MEANS AN INDUSTRY AFFECTED BY
541-FEDERAL INVESTMENTS THAT HAS A DEMONSTRATED WORKFORCE
542-SHORTAGE
543-, AS DETERMINED BY THE OFFICE AS SPECIFIED IN THE POLICIES
544-AND PROCEDURES DEVELOPED BY THE OFFICE PURSUANT TO SUBSECTION
545-(13) OF THIS SECTION.
546-(j) "Q
547-UALIFIED INVESTMENT" MEANS THE AMOUNT PAID BY A
548-QUALIFIED APPLICANT TO ACQUIRE
549-, CONSTRUCT, RECONSTRUCT, OR ERECT
550-A QUALIFIED ASSET TO THE EXTENT THE AMOUNT PAID REFLECTS NEW
551-ACTIVITY AND TO THE EXTENT THE AMOUNT IS REQUIRED TO BE CAPITALIZED
552-PURSUANT TO THE INTERNAL REVENUE CODE OR THE AMOUNT IS ALLOWED
553-TO BE DEDUCTED UNDER SECTION
554-179 OF THE INTERNAL REVENUE CODE.
555-(k) "S
556-ELECTION COMMITTEE" MEANS A SELECTION COMMITTEE
557-APPOINTED BY THE OFFICE CONSISTING OF MEMBERS WHO HAVE EXPERTISE
558-AND EXPERIENCE AS EMPLOYERS
559-, IN EDUCATION, OR IN OTHER RELEVANT
560-AREAS
561-.
562-(3) Tax credit allowed. (a) E
563-XCEPT AS PROVIDED IN SUBSECTION
564-(3)(c) OF THIS SECTION, A QUALIFIED APPLICANT IS ALLOWED TO USE A TAX
565-CREDIT CERTIFICATE ISSUED BY THE OFFICE PURSUANT TO SUBSECTION
566-(8)
567-OF THIS SECTION AGAINST THE INCOME TAXES IMPOSED BY THIS ARTICLE 22
568-IN THE INCOME TAX YEAR THAT THE QUALIFIED APPLICANT PLACES A
569-QUALIFIED ASSET IN SERVICE IN THE AMOUNT SPECIFIED ON THE TAX CREDIT
570-CERTIFICATE ISSUED BY THE OFFICE
571-; EXCEPT THAT THE TAX CREDIT
572-CERTIFICATE MAY NOT BE USED IN AN INCOME TAX YEAR COMMENCING
573-BEFORE
574-JANUARY 1, 2026, AND MAY NOT BE USED IN AN INCOME TAX YEAR
575-COMMENCING ON OR AFTER
576-JANUARY 1, 2033.
577-(b) I
578-N ORDER TO CLAIM THE TAX CREDIT ALLOWED PURSUANT TO
579-PAGE 13-HOUSE BILL 24-1365 THIS SECTION, THE QUALIFIED APPLICANT MUST SUBMIT AN APPLICATION AS
580-SPECIFIED IN SUBSECTION
581-(5) OF THIS SECTION, PLACE THE QUALIFIED ASSET
582-INTO SERVICE BEFORE
583-JANUARY 1, 2033, OBTAIN A TAX CREDIT CERTIFICATE
584-FROM THE OFFICE AS SPECIFIED IN SUBSECTION
585-(8) OF THIS SECTION, AND,
586-ONCE ISSUED BY THE OFFICE, FILE THE TAX CREDIT CERTIFICATE WITH THE
587-QUALIFIED APPLICANT
588-'S INCOME TAX RETURN AS SPECIFIED IN SUBSECTION
589-(9) OF THIS SECTION.
590-(c) A
591- TAX CREDIT IS NOT ALLOWED PURSUANT TO THIS SECTION IF :
592-(I)
593- THE AMOUNT REFUNDED PURSUANT TO SUBSECTION (10) OF THIS
594-SECTION IS USED TO SUPPLANT LOCAL
595-, STATE, OR FEDERAL MONEY THAT
596-WOULD OTHERWISE BE APPROPRIATED
597-; OR
598-(II) THE QUALIFIED APPLICANT EXPENDS MONEY RECEIVED FROM THE
599-STATE TO OFFSET AT LEAST HALF OF A QUALIFIED INVESTMENT
600-, NOT
601-INCLUDING THE AMOUNT REFUNDED PURSUANT TO SUBSECTION
602-(10) OF THIS
603-SECTION
604-.
605-(4) Tax credit administration. E
606-XCEPT AS OTHERWISE PROVIDED
607-IN SUBSECTION
608-(7) OF THIS SECTION, THE OFFICE IS THE ADMINISTRATOR OF
609-THE TAX CREDIT ALLOWED BY THIS SECTION
610-.
611-(5) Application submission and review. (a) A
612-N APPLICANT THAT
613-INTENDS TO CLAIM A TAX CREDIT PURSUANT TO THIS SECTION SHALL SUBMIT
614-AN APPLICATION TO THE OFFICE
615-.
616-(b) T
617-HE OFFICE SHALL ACCEPT APPLICATIONS FOR ANNUAL
618-APPLICATION PERIODS BY DEADLINES ESTABLISHED IN THE POLICIES AND
619-PROCEDURES DEVELOPED BY THE OFFICE PURSUANT TO SUBSECTION
620-(13) OF
621-THIS SECTION
622-; EXCEPT THAT THE OFFICE MAY ONLY RECEIVE APPLICATIONS
623-BETWEEN
624-JANUARY 1, 2025, AND DECEMBER 31, 2029.
625-(c) T
626-HE OFFICE SHALL REVIEW ALL SUBMITTED APPLICATIONS TO
627-DETERMINE WHETHER
628-:
629-(I) T
630-HE APPLICANT IS A QUALIFIED APPLICANT; AND
631-(II) THE APPLICATION IS COMPLETE AND INCLUDES A DESCRIPTION OF
632-A POTENTIAL QUALIFIED ASSET AND THE ESTIMATED QUALIFIED INVESTMENT
633-.
634-PAGE 14-HOUSE BILL 24-1365 (d) IF THE OFFICE DETERMINES THAT THE APPLICATION IS COMPLETE
635-AND IN COMPLIANCE
636-, THE OFFICE SHALL ADD THE APPLICATION TO AN
637-EVALUATION POOL FOR THE APPLICATION PERIOD
638-. WITHIN A REASONABLE
639-PERIOD AFTER THE END OF THE APPLICATION PERIOD
640-, THE OFFICE SHALL
641-FORWARD THE EVALUATION POOL TO THE SELECTION COMMITTEE FOR THE
642-MERIT
643--BASED REVIEW DESCRIBED IN SUBSECTION (7) OF THIS SECTION.
644-(e) I
645-F THE OFFICE DETERMINES THAT THE APPLICATION IS
646-INCOMPLETE OR THAT IT DOES NOT COMPLY WITH THE REQUIREMENTS OF
647-THIS SECTION OR THE POLICIES AND PROCEDURES DEVELOPED BY THE OFFICE
648-PURSUANT TO SUBSECTION
649-(13) OF THIS SECTION, THE OFFICE SHALL REMOVE
650-THE APPLICATION FROM THE REVIEW PROCESS AND NOTIFY THE APPLICANT
651-IN WRITING OF ITS DECISION
652-. AN APPLICANT MAY RESUBMIT A DISAPPROVED
653-APPLICATION TO BE EVALUATED IN A FUTURE APPLICATION PERIOD
654-.
655-(6) Application and issuance fees. (a) (I) F
656-OR AN APPLICATION FOR
657-WHICH THE AMOUNT OF THE TAX CREDIT REQUESTED BY AN APPLICANT
658-PURSUANT TO THIS SECTION IS TWO HUNDRED FIFTY THOUSAND DOLLARS OR
659-MORE
660-, THE OFFICE MAY IMPOSE A REASONABLE APPLICATION FEE ON AN
661-APPLICANT THAT DOES NOT EXCEED FIVE HUNDRED DOLLARS
662-.
663-(II)
664- FOR AN APPLICATION FOR WHICH THE AMOUNT OF THE TAX
665-CREDIT REQUESTED BY AN APPLICANT PURSUANT TO THIS SECTION IS LESS
666-THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
667-, THE OFFICE MAY IMPOSE
668-A REASONABLE APPLICATION FEE ON AN APPLICANT THAT DOES NOT EXCEED
669-TWO HUNDRED DOLLARS
670-.
671-(b) T
672-HE OFFICE MAY IMPOSE ON A QUALIFIED APPLICANT A
673-REASONABLE ISSUANCE FEE OF UP TO THREE PERCENT OF THE AMOUNT OF
674-THE TAX CREDIT SPECIFIED ON THE TAX CREDIT CERTIFICATE ISSUED BY THE
675-OFFICE AS SPECIFIED IN SUBSECTION
676-(8) OF THIS SECTION, WHICH MUST BE
677-PAID BEFORE THE TAX CREDIT CERTIFICATE IS ISSUED TO THE QUALIFIED
678-APPLICANT
679-.
680-(c) A
681-NY FEE REVENUE COLLECTED PURSUANT TO THIS SUBSECTION
682-(6) MUST BE APPLIED TO THE ADMINISTRATION OF THE TAX CREDIT CREATED
683-BY THIS SECTION
684-.
685-(7) Merit-based review and tax credit reservation. (a) (I) F
686-OR
687-EACH APPLICATION PERIOD
688-, THE SELECTION COMMITTEE SHALL CONDUCT A
689-PAGE 15-HOUSE BILL 24-1365 MERIT-BASED REVIEW OF THE APPLICATIONS THAT HAVE BEEN PLACED IN
690-THE EVALUATION POOL PURSUANT TO SUBSECTION
691- (5)(d) OF THIS SECTION.
692-T
693-HE SELECTION COMMITTEE SHALL COMPLETE ITS REVIEW AND AWARD
694-RESERVATIONS WITHIN A REASONABLE PERIOD AFTER THE END OF THE
695-APPLICATION PERIOD
696-, NOT TO EXCEED NINETY DAYS.
697-(II) E
698-XCEPT AS PROVIDED IN SUBSECTION (7)(a)(IV) OF THIS
699-SECTION
700-, BASED UPON THE TOTALITY OF THE FACTORS SET FORTH IN
701-SUBSECTION
702- (7)(c) OF THIS SECTION, THE SELECTION COMMITTEE MAY
703-RESERVE FOR THE BENEFIT OF A QUALIFIED APPLICANT A TAX CREDIT IN AN
704-AMOUNT TO BE DETERMINED BY THE SELECTION COMMITTEE NOT TO EXCEED
705-FIFTY PERCENT OF THE ESTIMATED QUALIFIED INVESTMENT
706-; EXCEPT THAT
707-THE AGGREGATE AMOUNT OF TAX CREDITS RESERVED FOR ALL QUALIFIED
708-APPLICANTS IN AN ANNUAL APPLICATION PERIOD MAY NOT EXCEED FIFTEEN
709-MILLION DOLLARS
710-.
711-(III) T
712-HE SELECTION COMMITTEE MAY RESERVE TAX CREDITS TO BE
713-USED BY A QUALIFIED APPLICANT FOR INCOME TAX YEARS COMMENCING ON
714-OR AFTER
715-JANUARY 1, 2026, BUT BEFORE JANUARY 1, 2033, BASED UPON
716-THE ANTICIPATED DATE THE QUALIFIED ASSET IS PLACED INTO SERVICE
717-.
718-(IV) I
719-F THE SEPTEMBER 2025 REVENUE FORECAST, AND EACH
720-SEPTEMBER REVENUE FORECAST THROUGH THE SEPTEMBER 2028 REVENUE
721-FORECAST AS PREPARED BY EITHER LEGISLATIVE COUNCIL STAFF OR THE
722-OFFICE OF STATE PLANNING AND BUDGETING
723-, PROJECTS THAT STATE
724-REVENUES
725-, AS DEFINED IN SECTION 24-77-201 (4), WILL NOT INCREASE BY AT
726-LEAST FOUR PERCENT FOR THE CURRENT FISCAL YEAR
727-, THE AGGREGATE
728-AMOUNT OF TAX CREDITS RESERVED FOR ALL QUALIFIED APPLICANTS IN THE
729-APPLICATION PERIOD COMMENCING IN THE CALENDAR YEAR THAT BEGINS
730-DURING THE CURRENT FISCAL YEAR IS REDUCED BY FIFTY PERCENT
731-; EXCEPT
732-THAT IF THE AMOUNT OF A REDUCED TAX CREDIT RESERVATION IS EQUAL TO
733-OR LESS THAN FIVE HUNDRED DOLLARS
734-, THEN THE SELECTION COMMITTEE
735-SHALL NOT ISSUE A TAX CREDIT RESERVATION
736-.
737-(b) (I) I
738-F THE SELECTION COMMITTEE RESERVES TAX CREDITS FOR
739-THE BENEFIT OF A QUALIFIED APPLICANT UNDER SUBSECTION
740- (7)(a) OF THIS
741-SECTION
742-, THE SELECTION COMMITTEE SHALL NOTIFY THE OFFICE OF THE
743-RESERVATION AND THE AMOUNT OF TAX CREDITS RESERVED
744-. THE OFFICE
745-SHALL NOTIFY THE QUALIFIED APPLICANT OF THE TAX CREDIT RESERVATION
746-.
747-T
748-HE RESERVATION OF A TAX CREDIT DOES NOT ENTITLE THE QUALIFIED
749-PAGE 16-HOUSE BILL 24-1365 APPLICANT TO AN ISSUANCE OF A TAX CREDIT CERTIFICATE UNTIL THE
750-QUALIFIED APPLICANT COMPLIES WITH ALL THE REQUIREMENTS SPECIFIED IN
751-THIS SECTION
752-, BY THE SELECTION COMMITTEE, OR BY THE OFFICE, FOR THE
753-ISSUANCE OF A TAX CREDIT CERTIFICATE PURSUANT TO SUBSECTION
754-(8) OF
755-THIS SECTION
756-.
757-(II) T
758-HE OFFICE SHALL NOTIFY ANY QUALIFIED APPLICANT IN
759-WRITING FOR WHICH THE SELECTION COMMITTEE RESERVED NO TAX CREDIT
760-UNDER SUBSECTION
761- (7)(a) OF THIS SECTION.
762-(c) (I) I
763-N CONDUCTING THE MERIT -BASED REVIEW PURSUANT TO
764-SUBSECTION
765- (7)(a) OF THIS SECTION, THE SELECTION COMMITTEE SHALL
766-CONSIDER THE FACTORS SET FORTH IN THIS SUBSECTION
767- (7)(c) IN ADDITION
768-TO ANY OTHER FACTORS THE SELECTION COMMITTEE MAY REQUEST THE
769-OFFICE TO INCLUDE IN ITS POLICIES AND PROCEDURES DEVELOPED PURSUANT
770-TO SUBSECTION
771-(13) OF THIS SECTION. THE SELECTION COMMITTEE MAY
772-WEIGH THE FACTORS EQUALLY OR DIFFERENTLY
773-.
774-(II) T
775-HE SELECTION COMMITTEE SHALL CONSIDER :
776-(A) W
777-HETHER THE QUALIFIED APPLICANT'S QUALIFIED INVESTMENT
778-WILL INFLUENCE COMPETITIVENESS IN A QUALIFIED INDUSTRY
779-;
780-(B) W
781-HETHER THE QUALIFIED APPLICANT'S QUALIFIED INVESTMENT
782-WILL RESULT IN INCREASED JOB PLACEMENTS IN QUALIFIED INDUSTRIES OR
783-INCREASED JOB PLACEMENTS WITH A LIVING WAGE IN QUALIFIED
784-INDUSTRIES
785-;
786-(C) T
787-HE TYPE, SCOPE, AND QUALITY OF THE QUALIFIED APPLICANT'S
788-QUALIFIED ASSET AND THE RESULTING TRAINING OF INDIVIDUALS IN A
789-QUALIFIED INDUSTRY
790-; AND
791-(D) WHETHER THE QUALIFIED APPLICANT'S QUALIFIED INVESTMENT
792-WILL RESULT IN INCREASED TRAINING AND WORKFORCE DEVELOPMENT IN A
793-QUALIFIED INDUSTRY
794-.
795-(d) T
796-HE SELECTION COMMITTEE MAY IMPOSE ADDITIONAL
797-REQUIREMENTS ON THE QUALIFIED APPLICANT AS A CONDITION OF
798-AWARDING THE TAX CREDIT RESERVATION PURSUANT TO THIS SUBSECTION
799-(7).
800-PAGE 17-HOUSE BILL 24-1365 (8) Proof of compliance - audit of eligible expenditure
801-certification - issuance of tax credit certificate. A
802-FTER A QUALIFIED
803-APPLICANT PLACES A POTENTIAL QUALIFIED ASSET IN SERVICE
804-, THE
805-QUALIFIED APPLICANT SHALL NOTIFY THE OFFICE THAT THE POTENTIAL
806-QUALIFIED ASSET HAS BEEN PLACED IN SERVICE AND SHALL CERTIFY THE
807-QUALIFIED INVESTMENT
808-, AFTER WHICH THE OFFICE SHALL MAKE A FINAL
809-DETERMINATION WHETHER THE POTENTIAL QUALIFIED ASSET IS A QUALIFIED
810-ASSET
811-. THE QUALIFIED APPLICANT SHALL INCLUDE A REVIEW OF THE
812-CERTIFICATION BY A LICENSED CERTIFIED PUBLIC ACCOUNTANT THAT IS NOT
813-AFFILIATED WITH THE QUALIFIED APPLICANT AND THAT ALIGNS WITH OFFICE
814-POLICIES FOR CERTIFICATION OF A QUALIFIED INVESTMENT
815-. THE QUALIFIED
816-APPLICANT SHALL ALSO CERTIFY AND PROVIDE DOCUMENTS
817-DEMONSTRATING THAT THE QUALIFIED APPLICANT SATISFIED ANY
818-ADDITIONAL REQUIREMENTS IMPOSED BY THE SELECTION COMMITTEE
819-PURSUANT TO SUBSECTION
820-(7) OF THIS SECTION. WITHIN A REASONABLE
821-TIME AFTER RECEIPT OF SUCH DOCUMENTATION FROM THE QUALIFIED
822-APPLICANT
823-, THE OFFICE SHALL REVIEW THE QUALIFIED APPLICANT 'S
824-DOCUMENTATION OF CERTIFIED QUALIFIED INVESTMENT
825-, DETERMINE
826-WHETHER THE DOCUMENTATION SATISFIES THE REQUIREMENTS OF THE
827-OFFICE
828-, AND, IF THE OFFICE DETERMINES THAT THE DOCUMENTATION
829-SATISFIES THE REQUIREMENTS OF THE OFFICE
830-, THE OFFICE SHALL ISSUE A TAX
831-CREDIT CERTIFICATE IN THE AMOUNT SPECIFIED IN THE TAX CREDIT
832-RESERVATION
833-, NOT TO EXCEED FIFTY PERCENT OF THE CERTIFIED QUALIFIED
834-INVESTMENT
835-, ISSUED TO THE QUALIFIED APPLICANT PURS UANT TO
836-SUBSECTION
837-(7) OF THIS SECTION; EXCEPT THAT A TAX CREDIT CERTIFICATE
838-MAY NOT BE ISSUED FOR AN INCOME TAX YEAR COMMENCING BEFORE
839-JANUARY 1, 2026, OR FOR AN INCOME TAX YEAR COMMENCING ON OR AFTER
840-JANUARY 1, 2033.
841-(9) Filing tax credit certificate with income tax return. (a) I
842-N
843-ORDER TO CLAIM THE TAX CREDIT AUTHORIZED BY THIS SECTION
844-, A
845-QUALIFIED APPLICANT SHALL FILE THE TAX CREDIT CERTIFICATE ISSUED BY
846-THE OFFICE PURSUANT TO SUBSECTION
847-(8) OF THIS SECTION WITH THE
848-QUALIFIED APPLICANT
849-'S STATE INCOME TAX RETURN . IF THE QUALIFIED
850-APPLICANT IS A POLITICAL SUBDIVISION OF THE STATE OR IS EXEMPT FROM
851-TAX PURSUANT TO SECTION
852-39-22-112 (1), THE QUALIFIED APPLICANT SHALL
853-FILE A RETURN PURSUANT TO SECTION
854- 39-22-601 (7)(b). THE AMOUNT OF
855-THE TAX CREDIT THAT A QUALIFIED APPLICANT MAY CLAIM PURSUANT TO
856-THIS SECTION IS THE AMOUNT STATED ON THE TAX CREDIT CERTIFICATE
857-.
858-PAGE 18-HOUSE BILL 24-1365 (b) A TAX CREDIT CERTIFICATE ISSUED TO A PARTNERSHIP, A LIMITED
859-LIABILITY COMPANY TAXED AS A PARTNERSHIP
860-, OR MULTIPLE OWNERS OF A
861-PROPERTY MUST BE PASSED THROUGH TO THE PARTNERS
862-, MEMBERS, OR
863-OWNERS
864-, INCLUDING ANY NONPROFIT ENTITY THAT IS A PARTNER , MEMBER,
865-OR OWNER, RESPECTIVELY, ON A PRO RATA BASIS OR PURSUANT TO AN
866-EXECUTED AGREEMENT AMONG THE PARTNERS
867-, MEMBERS, OR OWNERS
868-DOCUMENTING AN ALTERNATE DISTRIBUTION METHOD
869-.
870-(10) Refundability. I
871-F THE AMOUNT OF THE TAX CREDIT ALLOWED
872-PURSUANT TO THIS SECTION EXCEEDS THE AMOUNT OF INCOME TAXES
873-OTHERWISE DUE ON THE INCOME OF THE QUALIFIED APPLICANT IN THE
874-INCOME TAX YEAR FOR WHICH THE TAX CREDIT IS BEING CLAIMED
875-, OR THE
876-QUALIFIED APPLICANT IS A POLITICAL SUBDIVISION OF THE STATE OR A
877-PERSON WHO IS EXEMPT FROM TAXATION PURSUANT TO SECTION
878-39-22-112
879-(1),
880- THE AMOUNT OF THE TAX CREDIT NOT USED AS AN OFFSET AGAINST
881-INCOME TAXES IN THE INCOME TAX YEAR IS REFUNDED TO THE QUALIFIED
882-APPLICANT
883-.
884-(11) Compliance monitoring and recapture. (a) E
885-XCEPT AS
886-PROVIDED IN SUBSECTION
887- (11)(b) OF THIS SECTION, IF, AS OF THE LAST DAY
888-OF ANY TAXABLE YEAR DURING THE COMPLIANCE PERIOD
889-, THE EQUIPMENT,
890-BUILDING, STRUCTURE, OR FACILITY THAT WAS DEEMED A QUALIFIED ASSET
891-IS NOT BEING USED AS A QUALIFIED ASSET
892-, THE OFFICE SHALL NOTIFY THE
893-QUALIFIED APPLICANT AND THE DEPARTMENT THAT THE TAX CREDIT
894-ALLOWED IN THIS SECTION IS DISALLOWED
895-. THE QUALIFIED APPLICANT
896-SHALL ADD THE FULL AMOUNT OF THE TAX CREDIT THAT WAS ACTUALLY
897-USED TO OFFSET THE QUALIFIED APPLICANT
898-'S INCOME TAX OR REFUNDED TO
899-THE QUALIFIED APPLICANT TO ITS RETURN AS A RECAPTURED TAX CREDIT
900-FOR THE TAXABLE YEAR IN WHICH THE TAX CREDIT IS DISALLOWED
901-PURSUANT TO THIS SUBSECTION
902-(11).
903-(b) T
904-HE POTENTIAL INCREASE IN TAX REQUIRED PURSUANT TO
905-SUBSECTION
906- (11)(a) OF THIS SECTION DOES NOT APPLY:
907-(I) I
908-F A BUILDING, STRUCTURE, OR FACILITY IS NOT A QUALIFIED
909-ASSET AS A RESULT OF A CASUALTY LOSS IF THE LOSS IS RESTORED BY
910-RECONSTRUCTION OR REPLACEMENT WITHIN A REASONABLE PERIOD
911-ESTABLISHED BY THE OFFICE
912-;
913-(II) S
914-OLELY BY REASON OF THE DISPOSITION OF A BUILDING ,
915-PAGE 19-HOUSE BILL 24-1365 STRUCTURE, OR FACILITY, OR AN INTEREST THEREIN, IF IT IS REASONABLY
916-EXPECTED THAT THE BUILDING
917-, STRUCTURE, OR FACILITY WILL CONTINUE TO
918-BE OPERATED AS A QUALIFIED ASSET FOR THE REMAINDER OF THE
919-COMPLIANCE PERIOD
920-; OR
921-(III) IF A QUALIFYING ASSET IS REPLACED OR UPGRADED IN THE
922-NORMAL COURSE OF ITS USE
923-.
924-(c) (I) T
925-HE OFFICE SHALL ESTABLISH REPORTING REQUIREMENTS TO
926-MONITOR COMPLIANCE WITH THIS SUBSECTION
927-(11) THAT SHALL INCLUDE:
928-(A) A
929- DISPOSITION OF A QUALIFIED ASSET BY THE QUALIFIED
930-APPLICANT
931-;
932-(B) T
933-HE NUMBER OF ANNUAL TRAINEES WHO HAVE USED A
934-QUALIFIED ASSET
935-;
936-(C) T
937-HE GEOGRAPHIC DISTRIBUTION OF TRAINEES WHO HAVE USED
938-A QUALIFIED ASSET
939-;
940-(D) D
941-EMOGRAPHIC INFORMATION ABOUT THE TRAINEES WHO HAVE
942-USED A QUALIFIED ASSET
943-;
944-(E) T
945-HE LOCATION AND DISPOSITION OF ASSETS DISPLACED BY A
946-QUALIFIED ASSET
947-, IF ANY; AND
948-(F) TO THE EXTENT A QUALIFIED ASSET IS USED TO EXPAND OR
949-CREATE A TRAINING FACILITY
950-, AN ASSESSMENT OF TRAINING CAPACITY PRIOR
951-TO IMPLEMENTATION OF THE QUALIFIED ASSET
952-.
953-(II) I
954-F A DISPUTE ARISES ABOUT WHETHER A POTENTIAL QUALIFIED
955-ASSET IS A QUALIFIED ASSET
956-, THE OFFICE SHALL ADJUDICATE THE DISPUTE
957-AND NOTIFY THE DEPARTMENT OF THE RESOLUTION
958-.
959-(III) N
960-OTWITHSTANDING SECTION 39-21-107 (2), IF A QUALIFIED
961-ASSET IS DISPOSED OF DURING ANY TAXABLE YEAR DURING THE COMPLIANCE
962-PERIOD
963-, AND THEREAFTER THE ASSET IS NOT A QUALIFIED ASSET :
964-(A) T
965-HE QUALIFIED APPLICANT SHALL ADD THE FULL AMOUNT OF THE
966-TAX CREDIT TO ITS RETURN AS A RECAPTURED TAX CREDIT FOR THE TAXABLE
967-PAGE 20-HOUSE BILL 24-1365 YEAR IN WHICH THE TAX CREDIT IS DISALLOWED PURSUANT TO THIS
968-SUBSECTION
969-(11) NOTWITHSTANDING THE DISPOSITION OF THE QUALIFIED
970-ASSET
971-;
972-(B) T
973-HE STATUTORY PERIOD FOR THE ASSESSMENT OF ANY
974-DEFICIENCY WITH RESPECT TO THE DISALLOWED TAX CREDIT MUST NOT
975-EXPIRE BEFORE THE EXPIRATION OF THREE YEARS FROM THE DATE THE
976-OFFICE IS NOTIFIED
977-, IN SUCH A MANNER AS THE OFFICE DETERMINES , THAT
978-THE STRUCTURE IS NOT A QUALIFIED ASSET
979-; AND
980-(C) THE DEPARTMENT SHALL ASSESS ANY DEFICIENCY BEFORE THE
981-EXPIRATION OF SUCH THREE
982--YEAR PERIOD TOGETHER WITH ANY APPLICABLE
983-INTEREST AND PENALTY IMPOSED PURSUANT TO THIS ARTICLE
984-22.
985-(d) A
986-S USED IN THIS SUBSECTION (11), UNLESS THE CONTEXT
987-OTHERWISE REQUIRES
988-, "COMPLIANCE PERIOD" MEANS THE PERIOD OF FIFTEEN
989-YEARS FOLLOWING THE TAXABLE YEAR IN WHICH THE QUALIFIED APPLICANT
990-PLACED THE QUALIFIED ASSET IN SERVICE
991-.
992-(12) Reporting. (a) N
993-O LATER THAN DECEMBER 31, 2025, AND,
994-NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-136 (11)(a)(I), NO
995-LATER THAN
996-DECEMBER 31 OF EACH YEAR THEREAFTER THROUGH 2033, THE
997-OFFICE SHALL PROVIDE A WRITTEN REPORT TO THE GENERAL ASSEMBLY AND
998-SHALL FURTHER MAKE THE REPORT AVAILABLE TO THE PUBLIC
999-. IN
1000-CONNECTION WITH TAX CREDITS ISSUED PURSUANT TO THIS SECTION
1001-, THE
1002-REPORT MUST INCLUDE
1003-:
1004-(I) T
1005-HE NUMBER OF QUALIFIED ASSETS PLACED IN SERVICE ;
1006-(II) A
1007- DESCRIPTION OF THE USE OR USES OF EACH QUALIFIED ASSET
1008-AND A STATEWIDE SUMMARY OF THE NUMBER OF QUALIFIED ASSETS FOR
1009-EACH USE
1010-; AND
1011-(III) THE AMOUNT OF ANY DISALLOWED TAX CREDIT RECAPTURED
1012-PURSUANT TO SUBSECTION
1013-(11) OF THIS SECTION.
1014-(b) T
1015-HE OFFICE SHALL, IN A SUFFICIENTLY TIMELY MANNER TO
1016-ALLOW THE DEPARTMENT TO PROCESS RETURNS CLAIMING THE INCOME TAX
1017-CREDIT ALLOWED IN THIS SECTION
1018-, PROVIDE THE DEPARTMENT WITH AN
1019-ELECTRONIC REPORT OF EACH QUALIFIED APPLICANT TO WHICH THE OFFICE
1020-PAGE 21-HOUSE BILL 24-1365 ISSUES A TAX CREDIT CERTIFICATE FOR THE PRECEDING TAX YEAR THAT
1021-INCLUDES THE FOLLOWING INFORMATION
1022-:
1023-(I) T
1024-HE QUALIFIED APPLICANT'S NAME;
1025-(II) T
1026-HE AMOUNT OF THE TAX CREDIT; AND
1027-(III) THE QUALIFIED APPLICANT'S SOCIAL SECURITY NUMBER OR THE
1028-QUALIFIED APPLICANT
1029-'S COLORADO ACCOUNT NUMBER AND FEDERAL
1030-EMPLOYER IDENTIFICATION NUMBER
1031-.
1032-(c) T
1033-HE OFFICE, THE OFFICE OF THE STATE AUDITOR, OR THE OFFICE
1034-OF THE STATE CONTROLLER MAY REVIEW THE QUALIFIED APPLICANT
1035-'S
1036-FINANCES
1037-, EXPENSES, EQUIPMENT, EMPLOYMENT , AND TRAINING
1038-DOCUMENTATION RELATING TO A QUALIFIED INVESTMENT IN A QUALIFIED
1039-ASSET
1040-.
1041-(13) Policies and procedures. (a) T
1042-HE OFFICE MAY CREATE AND
1043-MODIFY POLICIES
1044-, PROCEDURES, AND GUIDELINES AS NECESSARY TO
1045-FURTHER ADMINISTER THE TAX CREDITS ALLOWED PURSUANT TO THIS
1046-SECTION AND SHALL SOLICIT ADVICE FROM THE DEPARTMENT IN CREATING
1047-AND MODIFYING SUCH POLICIES
1048-, PROCEDURES, AND GUIDELINES.
1049-(b) T
1050-HE OFFICE SHALL DEVELOP STANDARDS FOR D ETERMINING
1051-WHICH INDUSTRIES ARE INCLUDED AS A QUALIFIED INDUSTRY FOR WHICH A
1052-TAX CREDIT UNDER THIS SECTION IS ALLOWED TO A QUALIFIED APPLICANT
1053-.
1054-(c) A
1055-NY STANDARDS DEVELOPED BY THE OFFICE PURSUANT TO THIS
1056-SUBSECTION
1057-(13) MUST BE POSTED ON THE OFFICE'S WEBSITE. THE OFFICE
1058-MAY ANNUALLY REVIEW AND UPDATE AS NECESSARY STANDARDS
1059-DEVELOPED PURSUANT TO THIS SUBSECTION
1060-(13).
1061-(d) T
1062-HE OFFICE SHALL DETERMINE THE ANNUAL APPLICATION
1063-PERIOD
1064-.
1065-(14) Workforce development tax credit program cash fund.
1066-(a) T
1067-HE WORKFORCE DEVELOPMENT TAX CREDIT PROGRAM CASH FUND IS
1068-CREATED IN THE STATE TREASURY
1069-. THE FUND CONSISTS OF GIFTS, GRANTS,
1070-DONATIONS, AND FEE REVENUE CREDITED TO THE FUND PURSUANT TO
1071-SUBSECTION
1072-(6) OF THIS SECTION AND ANY OTHER MONEY THAT THE
1073-PAGE 22-HOUSE BILL 24-1365 GENERAL ASSEMBLY MAY APPROPRIATE , TRANSFER, OR REQUIRE BY LAW TO
1074-BE CREDITED TO THE FUND
1075-.
1076-(b) T
1077-HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
1078-DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
1079-WORKFORCE DEVELOPMENT TAX CREDIT PROGRAM CASH FUND TO THE FUND
1080-.
1081-(c) M
1082-ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
1083-OFFICE FOR THE PURPOSE OF ADMINISTERING THE TAX CREDIT ISSUED
1084-PURSUANT TO THIS SECTION
1085-.
1086-(d) T
1087-HE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED AND
1088-UNENCUMBERED MONEY IN THE FUND ON
1089-DECEMBER 31, 2050, TO THE
1090-GENERAL FUND
1091-.
1092-(15) Repeal. T
1093-HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31,
1094-2050.
1095-SECTION 8. In Colorado Revised Statutes, 24-75-402, add
1096-(5)(ggg) as follows:
1097-24-75-402. Cash funds - limit on uncommitted reserves -
1098-reduction in the amount of fees - exclusions - definitions.
1099-(5) Notwithstanding any provision of this section to the contrary, the
1100-following cash funds are excluded from the limitations specified in this
1101-section:
1102-(ggg) T
1103-HE WORKFORCE DEVELOPMENT TAX CREDIT PROGRAM CASH
1104-FUND CREATED IN SECTION
1105-39-22-565 (14).
1106-SECTION 9. In Colorado Revised Statutes, 39-22-601, amend
1107-(7)(b) as follows:
1108-39-22-601. Returns - repeal. (7) (b) The executive director may
1109-require a person or organization
1110-NOT SUBJECT TO TAX UNDER THIS ARTICLE
1111-22 OR A PERSON OR ORGANIZATION exempt from taxes pursuant to section
1112-39-22-112 to make and file a return containing such information as the
1113-executive director may prescribe to claim a credit allowed under this article
1114-22 even if the person or organization does not have unrelated business
1115-income.
1116-PAGE 23-HOUSE BILL 24-1365 SECTION 10. Appropriation. For the 2024-25 state fiscal year,
1117-$109,603 is appropriated to the office of the governor for use by the
1118-economic development programs. This appropriation is from the general
1119-fund and is based on an assumption that the office will require an additional
1120-0.8 FTE. To implement this act, the office may use this appropriation for
1121-opportunity now grant administration.
1122-SECTION 11. Act subject to petition - effective date. This act
1123-takes effect at 12:01 a.m. on the day following the expiration of the
1124-ninety-day period after final adjournment of the general assembly; except
1125-that, if a referendum petition is filed pursuant to section 1 (3) of article V
1126-of the state constitution against this act or an item, section, or part of this act
1127-within such period, then the act, item, section, or part will not take effect
1128-unless approved by the people at the general election to be held in
1129-PAGE 24-HOUSE BILL 24-1365 November 2024 and, in such case, will take effect on the date of the official
1130-declaration of the vote thereon by the governor.
1131-____________________________ ____________________________
1132-Julie McCluskie Steve Fenberg
1133-SPEAKER OF THE HOUSE PRESIDENT OF
1134-OF REPRESENTATIVES THE SENATE
1135-___________________________ ____________________________
1136-Robin Jones Cindi L. Markwell
1137-CHIEF CLERK OF THE HOUSE SECRETARY OF
1138-OF REPRESENTATIVES THE SENATE
1139- APPROVED________________________________________
1140- (Date and Time)
1141- _________________________________________
1142- Jared S. Polis
1143- GOVERNOR OF THE STATE OF COLORADO
1144-PAGE 25-HOUSE BILL 24-1365
979+HE OFFICE SHALL DETERMINE THE ANNUAL APPLICATION22
980+PERIOD.23
981+(14) Workforce development tax credit program cash fund.24
982+(a) THE WORKFORCE DEVELOPMENT TAX CREDIT PROGRAM CASH FUND IS25
983+CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF GIFTS, GRANTS,26
984+DONATIONS, AND FEE REVENUE CREDITED TO THE FUND PURSUANT TO27
985+1365
986+-28- SUBSECTION (6) OF THIS SECTION AND ANY OTHER MONEY THAT THE1
987+GENERAL ASSEMBLY MAY APPROPRIATE, TRANSFER, OR REQUIRE BY LAW2
988+TO BE CREDITED TO THE FUND.3
989+(b) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND4
990+INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE5
991+WORKFORCE DEVELOPMENT TAX CREDIT PROGRAM CASH FUND TO THE6
992+FUND.7
993+(c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE8
994+OFFICE FOR THE PURPOSE OF ADMINISTERING THE TAX CREDIT ISSUED9
995+PURSUANT TO THIS SECTION.10
996+(d) THE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED11
997+AND UNENCUMBERED MONEY IN THE FUND ON DECEMBER 31, 2050, TO12
998+THE GENERAL FUND.13
999+(15) Repeal. T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER14
1000+31,
1001+ 2050.15SECTION 8. In Colorado Revised Statutes, 24-75-402, add16
1002+(5)(eee) as follows:17
1003+24-75-402. Cash funds - limit on uncommitted reserves -18
1004+reduction in the amount of fees - exclusions - definitions.19
1005+(5) Notwithstanding any provision of this section to the contrary, the20
1006+following cash funds are excluded from the limitations specified in this21
1007+section:22
1008+(eee) THE WORKFORCE DEVELOPMENT TAX CREDIT PROGRAM CASH23
1009+FUND CREATED IN SECTION 39-22-560 (14).24
1010+SECTION 9. In Colorado Revised Statutes, 39-22-601, amend25
1011+(7)(b) as follows:26
1012+39-22-601. Returns - repeal. (7) (b) The executive director may27
1013+1365
1014+-29- require a person or organization NOT SUBJECT TO TAX UNDER THIS1
1015+ARTICLE 22 OR A PERSON OR ORGANIZATION exempt from taxes pursuant2
1016+to section 39-22-112 to make and file a return containing such3
1017+information as the executive director may prescribe to claim a credit4
1018+allowed under this article 22 even if the person or organization does not5
1019+have unrelated business income.6
1020+SECTION 10. Appropriation. For the 2024-25 state fiscal year,7
1021+$109,603 is appropriated to the office of the governor for use by the8
1022+economic development programs. This appropriation is from the general9
1023+fund and is based on an assumption that the office will require an10
1024+additional 0.8 FTE. To implement this act, the office may use this11
1025+appropriation for opportunity now grant administration.12
1026+SECTION 11. Act subject to petition - effective date. This act13
1027+takes effect at 12:01 a.m. on the day following the expiration of the14
1028+ninety-day period after final adjournment of the general assembly; except15
1029+that, if a referendum petition is filed pursuant to section 1 (3) of article V16
1030+of the state constitution against this act or an item, section, or part of this17
1031+act within such period, then the act, item, section, or part will not take18
1032+effect unless approved by the people at the general election to be held in19
1033+November 2024 and, in such case, will take effect on the date of the20
1034+official declaration of the vote thereon by the governor.21
1035+1365
1036+-30-