The general assembly hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the attraction of new private enterprise as well as the retention and expansion of existing private enterprise; that incentives are often necessary in order to attract private enterprise; and that providing incentives stimulates economic development in the state and results in the creation and maintenance of new jobs.
Source: L. 2005: Entire part added, p. 106, � 1, effective August 8.
32-1-1702. New business facilities - expanded or existing business facilities - incentives - limitations - authority to exceed revenue-raising limitation. (1) Notwithstanding any law to the contrary, a special district may negotiate for an incentive payment or credit with a taxpayer who establishes a business facility, as defined in section 39-30-105.1 (6)(b), in the special district. In no instance may any negotiation result in an annual incentive payment or credit that is greater than the amount of taxes levied by the special district upon the taxable business personal property located at or within the business facility and used in connection with the operation of the business facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (1) may not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (1) may not exceed thirty-five years, which does not include the term of any prior agreement.
(1.5) (a) Notwithstanding any law to the contrary, a special district may negotiate an incentive payment or credit for a taxpayer that has an existing business facility located in the special district if, based on verifiable documentation, the special district is satisfied that there is a substantial risk that the taxpayer will relocate the facility out of state.
(b) The documentation required pursuant to paragraph (a) of this subsection (1.5) must include information that the taxpayer could reasonably and efficiently relocate the facility out of state and that at least one other state is being considered for the relocation. In order to be eligible for a payment or credit under this subsection (1.5), a taxpayer must identify the specific reasons why the taxpayer is considering leaving the state.
(c) A special district shall not give an annual incentive payment or credit under this subsection (1.5) that is greater than the amount of the taxes levied by the special district upon the taxable personal property located at or within the existing business facility and used in connection with the operation of the existing business facility for the current property tax year. The term of an agreement made prior to August 6, 2014, pursuant to this subsection (1.5) shall not exceed ten years, and this limit includes any renewals of the original agreement. The term of an agreement made on or after August 6, 2014, pursuant to this subsection (1.5) shall not exceed thirty-five years, and this limit does not include the term of any prior agreement. A special district shall not give an annual incentive payment or credit under this subsection (1.5), unless the board of the special district approves the payment or credit at a public hearing.
(2) Notwithstanding any law to the contrary, a special district may negotiate for an incentive payment or credit with a taxpayer who expands a facility, as defined in section 39-30-105.1 (6)(e), the expansion of which authorizes a taxpayer to claim a credit described in section 39-30-105.1, and that is located in the special district. In no instance may any negotiation result in an annual incentive payment or credit that is greater than the amount of the taxes levied by the special district upon the taxable business personal property directly attributable to the expansion located at or within the expanded facility and used in connection with the operation of the expanded facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (2) may not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (2) may not exceed thirty-five years, which does not include the term of any prior agreement.
(3) A special district shall not enter into an agreement pursuant to the provisions of this section unless, prior to or simultaneous with the execution of the agreement, the taxpayer also enters into an agreement with a municipality or county pursuant to section 30-11-123, 31-15-903, or 39-30-107.5, C.R.S.
(4) A special district that negotiates an agreement pursuant to the provisions of this section shall inform any municipality and county in which a new business facility would be located, or an existing or expanded business facility is located, whichever is applicable, of such negotiations.
Source: L. 2005: Entire part added, p. 106, � 1, effective August 8. L. 2007: (1) and (2) amended, p. 351, � 6, effective August 3. L. 2012: (1) and (2) amended, (HB 12-1029), ch. 61, p. 221, � 5, effective August 8. L. 2013: (1.5) added and (4) amended, (HB 13-1206), ch. 374, p. 2205, � 3, effective August 7. L. 2014: (1), (1.5)(c), and (2) amended, (SB 14-183), ch. 196, p. 722, � 3, effective August 6. L. 2020: (1) and (2) amended, (HB 20-1166), ch. 103, p. 396, � 4, effective April 1.
Cross references: In 2012, subsections (1) and (2) were amended by the Save Colorado Jobs Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 61, Session Laws of Colorado 2012.
32-1-1703. 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 special 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 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 special 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 special 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, a special district may negotiate an incentive payment or credit with a taxpayer that establishes or expands a qualified communication services facility in the special 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 special 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 special district and the taxpayer negotiate an incentive payment or credit to make the determination.
(c) A special district shall not negotiate an incentive payment or credit that exceeds the amount of the taxes levied by the special 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) A special district shall exercise the authority granted under this section in a nondiscriminatory, nonexclusive, and competitively neutral manner. To the extent that a special district awards an incentive payment or credit under this section, the special 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 special district.
(5) A special 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.
(6) A special district may adjust the amount of its tax levy authorized pursuant to section 29-1-301 by an additional amount that does not exceed the total amount of annual incentive payments or credits that the special district makes.
Source: L. 2025: Entire section added, (HB 25-1080), ch. 317, p. 1655, � 2, effective August 6.