Source: L. 92: Entire section added, p. 540, � 14, effective May 28.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 1996. (See L. 92, p. 540.)
22-40-110. Additional property tax for capital improvements in growth school districts. (1) The board of education of any growth district, as defined in section 22-2-125 (1)(b), at any regular biennial school election or special election, may submit to the eligible electors of the growth district the question of the imposition of an additional property tax levy in accordance with the provisions of this section for:
(a) One or more of the purposes specified in section 22-42-102 (2)(a)(I) to (2)(a)(V);
(b) The payment of any loan received by the growth district pursuant to section 22-2-125 and the payment of any interest due on such loan; or
(c) The payment of any loan received by the growth district pursuant to article 15 of title 23, C.R.S., and the payment of any interest due on such loan.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), a growth district may impose an additional property tax levy of no more than five mills or a number of mills as determined by dividing the latest statewide valuation for assessment of the taxable property in all school districts by the pupil enrollment of all school districts, and dividing said amount by the latest valuation for assessment of the taxable property in the growth district divided by the pupil enrollment of the growth district, whichever is the lesser amount.
(b) If the amount as determined by dividing the latest valuation for assessment of the taxable property in a growth district by the pupil enrollment of the growth district is greater than the amount as determined by dividing the latest statewide valuation for assessment of the taxable property in all school districts by the pupil enrollment of all school districts, the growth district may impose an additional property tax levy of no more than one mill.
(3) Moneys collected from such tax levy shall be credited to the capital reserve fund pursuant to section 22-45-103 (1)(c)(IV).
(4) Any special election called pursuant to this section shall be held on the general election day in each even-numbered year or on the first Tuesday in November of each odd-numbered year and shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S.
Source: L. 2002: Entire section added, p. 1745, � 18, effective June 7.
22-40-111. Property tax relief for communication services deployment - legislative declaration - definitions. (1) The general assembly finds and declares that:
(a) The intended purpose of the tax relief created in this section is to encourage the deployment of communication services infrastructure throughout the state, particularly in rural, unserved, and underserved areas, and to create incentives for investments in new communication services infrastructure in addition to incentives already created by other state or federal law;
(b) Financial incentives in the form of tax relief are necessary to attract investment and free up resources for communication services deployment, particularly in areas that have been designated as unserved or underserved. The incentives can be particularly effective when offered at the local level by school districts that have the authority to approve the relief based on specific criteria.
(c) Providing tax relief stimulates economic development in the state and supports the expansion of essential communication services to unserved and underserved areas; and
(d) Wireless telecommunications technologies, while seemingly independent, critically rely on forms of broadband like fiber and landline networks for essential functions, such as backhaul, which connects cell towers to the internet backbone and which is often performed by nonwireless providers. Therefore, the policies that impact broadband infrastructure must consider the interconnectedness of all technologies, including the dependence of wireless telecommunications on the broader ecosystem, to ensure effective and comprehensive wireless and broadband access for all Coloradans.
(2) As used in this section, unless the context otherwise requires:
(a) Qualified communication services facility has the meaning set forth in section 39-3-139 (2)(b).
(b) Underserved has the meaning set forth in section 39-3-139 (2)(c) and applies to a school district's determination of whether an area is underserved in the same manner described for a county's determination in section 39-3-139 (2)(c).
(c) Unserved area has the meaning set forth in section 39-3-139 (2)(d) and applies to a school district's determination of whether an area is unserved in the same manner described for a county's determination in section 39-3-139 (2)(d).
(3) (a) Notwithstanding any law to the contrary, the board of education of a school district may negotiate an incentive payment or credit with a taxpayer that establishes or expands a qualified communication services facility in the school district if the facility serves an unserved or underserved area.
(b) The burden is on a taxpayer seeking tax relief to demonstrate, to the satisfaction of the board of education of the school district, that the area to be served by the proposed investment is an unserved or underserved area. The taxpayer shall rely on the federal communications commission broadband coverage maps available as of January 1 in the calendar year in which the school district and the taxpayer negotiate an incentive payment or credit to make the determination.
(c) The board of education of a school district shall not negotiate an incentive payment or credit that exceeds the amount of the taxes levied by the school district upon the taxable real property or business personal property located at or within the qualified communication services facility for the current property tax year.
(4) The board of education of a school district shall exercise the authority granted under this section in a nondiscriminatory, nonexclusive, and competitively neutral manner. To the extent that a school district awards an incentive payment or credit under this section, the school district shall award subsequent incentive payments or credits under similar terms and conditions as the initial award and based on a proportionate level of investment in a qualified communication services facility in the school district.
(5) The board of education of a school district that negotiates an agreement pursuant to this section shall inform any municipality and county in which the qualified communication services facility will be established or expanded of the negotiations with the taxpayer.
Source: L. 2025: Entire section added, (HB 25-1080), ch. 317, p. 1657, � 3, effective August 6.