The act provides additional options for financing forest health projects by authorizing:A separate legal entity created by a combination of local governments as authorized by current law to establish special or local improvement districts within the boundaries of the combination and levy special assessments on property specially benefited by improvements, functions, services or facilities, including forest health projects, that the separate legal entity is authorized to provide; Counties, municipalities, special districts, water conservancy districts, the Colorado river water conservation district, and the southwestern water conservation district to conduct or participate in and finance forest health projects; and Authorizing a forest improvement district to use its sales tax revenue for forest health projects. The act also adds to the definition of "forest health project" management actions that improve the ecological health of a forest or reduce the threat of forest disease epidemics or high-intensity wildfires, and postpones the scheduled repeal of the statute that authorizes the Colorado water resources power and development authority to issue bonds to fund watershed protection projects and forest health projects from July 1, 2023, to July 1, 2033.(Note: This summary applies to this bill as enacted.)
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For a mutual ditch corporation, the act clarifies that, subject to the articles of incorporation and bylaws of the corporation:When stockholder demand exceeds supply, the corporation may limit or otherwise rotate delivery of water ratably among the stockholders; and When a stockholder is not using some of or all of the available water under the stockholder's shares, the remaining stockholders taking delivery of water through the ditch may use any unused portion of the water that would otherwise have been available to the first stockholder. The act specifies that it is not intended to prevent a stockholder from changing the use of the water rights represented by the stockholder's shares, create any impediments to changes in use, affect storage water rights, or change the standards for water court approval to change a water right.(Note: This summary applies to this bill as enacted.)
The act repeals the enterprise zone child care contributions income tax credit that was available for income tax years commencing prior to January 1, 1999.(Note: This summary applies to this bill as enacted.)
Section 39-21-102 accurately specifies the scope and applicability of article 21 of title 39 and establishes all the taxes that the department of revenue is responsible for administering. However, sections 39-21-119 and 39-21-120 attempt to reference similar lists of taxes in order to specify authorized methods of filing and paying the taxes. Unfortunately, some of the tax types are omitted in these sections, making these sections defective. The act removes the references to the tax types in sections 39-21-119 and 39-21-120 so that section 39-21-102 controls instead.(Note: This summary applies to this bill as enacted.)
Section 1 of the act changes the cross references to certain definitions related to bingo that were relocated as a result of Senate Bill 17-232. The statutory references were not correctly changed for purposes of the bingo equipment sales and use tax exemption. This section addresses that defect.Section 2 removes the words "low-emitting" from the description of a sales tax exemption because the exemption is no longer conditioned on the motor vehicle being "low-emitting".Section 3 corrects a missed conforming amendment. House Bill 20-1023 provided for the conditional repeal of section 39-26-105.3 to be effectively replaced with section 39-26-105.2. Section 39-26-204.5, a use tax statute, makes reference to section 39-26-105.2 but a conforming amendment to that section was not included in House Bill 20-1023. Section 3 adds the same conditional repeal to the use tax statute and provides the same hold harmless for retailers as is provided in section 39-26-105.2.Section 4 addresses an anachronism in the sales tax statutes by repealing section 39-26-110. That statute specifies that a retailer doing business in 2 or more locations in Colorado may file one return that will cover all business locations. This statute was added as part of the "Emergency Retail Sales Tax Act of 1935" and has not been amended since, only moved around. With the advent of home rule taxing jurisdictions that can collect and administer their own sales and use tax, it is no longer possible that retailers doing business in more than one location in Colorado can file only one return to report all sales and use taxes collected because the department of revenue no longer administers all sales and use taxes in the state.Section 5 addresses a defect in the sales tax statute by updating the statutory reference for the definition of "food" for purposes of a sales tax exemption for certain types of food. The definition of food is no longer located in 7 U.S.C. sec. 2012 (g). It is better to include a more general cross reference to all of 7 U.S.C. sec. 2012 instead of the specific subsection (g), which is now incorrect. A more general reference allows for later amendments to that section.(Note: This summary applies to this bill as enacted.)
The bill requires the public utilities commission (PUC) to adopt by rule, no later than July 31, 2022, greenhouse gas (GHG) emission reduction programs (reduction programs) for large natural gas utilities (those that have at least 250,000 customer accounts in Colorado) and small natural gas utilities (those that have fewer than 250,000 customer accounts in Colorado) (collectively, utilities). Municipally owned utilities may, but need not, participate in a reduction program. The rules must include reporting requirements and a process for utilities to fully recover qualified investments, which are prudently incurred costs associated with a reduction program. The bill establishes the following GHG emission reduction targets, using a utility's 2019 GHG emissions as a baseline: By January 1, 2025, at least 5%; By January 1, 2030, at least 10%; and On and after January 1, 2035, at least 15%. GHG emission reductions from the delivery of natural gas to other utilities and transportation sector retail customers are excluded from the reduction programs. The following sources of GHG emission reductions are included in the reduction programs: Methane leaked from the transportation and delivery of natural gas from natural gas distribution and service pipelines; and Carbon dioxide emitted by the utility's retail customers (other than those in the transportation sector) as a result of the combustion of natural gas delivered by the utility. GHG emission reductions can be achieved by: Using renewable natural gas, which must account for at least 35% of the emission reductions; Emission offsets; Methane emission reductions from a variety of mechanisms; and Other programs developed by the utility and approved by the PUC that demonstrate GHG emission reductions. If a large utility's total incremental annual cost to meet the GHG emission reduction targets exceeds 2% of the large utility's total revenue requirement for a particular year, the large utility shall not make additional qualified investments under the reduction program for that year without approval from the PUC. Small utilities may opt in to the reduction program as established by the PUC by rule. The rule must include tradeable credits and a rate cap limiting the small utility's costs of making qualified investments. For included emission reductions and until 2025, a utility participating in a reduction program is not subject to any additional GHG emission reduction requirements or required to incur any additional costs under Colorado's generally applicable GHG emission reduction requirements if the utility: Files with the PUC a plan that contains approvable and cost-effective programs that make progress toward the GHG emission reduction targets and are projected to meet either the applicable emission reduction targets or the applicable retail rate impact; Reports GHG emission reductions consistent with the accounting methodology established by the division of administration in the department of public health and environment; and Is either projected to meet the GHG emission reduction targets in an applicable year or the PUC finds that the projected costs to achieve the emission reductions have met the applicable retail rate impact. The bill gives the oil and gas conservation commission the authority to authorize class VI injection permits, which authorize the deep sequestration of carbon dioxide. (Note: This summary applies to this bill as introduced.)
Under current provisions of the Open Meetings Law (OML), if elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail constitutes a meeting that is subject to the OML's requirements. The act substitutes the word "exchange" for the word "use" in describing the type of electronic mail communication that triggers the application of the OML.The act also clarifies existing statutory provisions to specify that electronic mail communication between elected officials that does not relate to the merits or substance of pending legislation or other public business is not a meeting for OML purposes. Under the act, the type of electronic communication that also does not constitute a meeting for OML purposes includes electronic communication regarding scheduling and availability as well as electronic communication that is sent by an elected official for the purpose of forwarding information, responding to an inquiry from an individual who is not a member of the state or local public body, or posing a question for later discussion by the public body. The act defines the term "merits or substance" to mean any discussion, debate, or exchange of ideas, either generally or specifically, related to the essence of any public policy proposition, specific proposal, or any other matter being considered by the governing entity.(Note: This summary applies to this bill as enacted.)
Under federal law, money deposited in a qualified tuition program under section 529 of the internal revenue code (529 plan) grows tax deferred and is withdrawn tax free when used for eligible expenses. In addition to the federal tax benefit, the state provides an incentive for the deposit of money into a 529 plan by offering a state income tax deduction for contributions to such 529 plans. In 2019, the federal government included paying principle or interest on any qualified education loan, up to $10,000 per year, as an eligible expense. Current law requires the state income tax deduction to be recaptured from the taxpayer if a distribution is not used for listed purposes. The bill specifies that using a 529 plan for paying principle or interest on any qualified education loan, not to exceed $10,000, is also an eligible distribution for purposes of the state income tax deduction for contributions to such 529 plans. The bill also requires collegeinvest to provide the department of revenue with a secure electronic report containing information for the 529 plan owners and third-party contributors necessary for the administration of the income tax deduction. (Note: This summary applies to this bill as introduced.)
The bill requires a cooperative electric association (association) to adopt a wildland fire protection plan. The plan must include information on: Areas where the association has powerline facilities that may have an increased risk of wildland fires; The procedures and standards that the association will use to inspect and operate its powerline facilities and perform vegetation management around those facilities; The modifications or upgrades that the association will implement to reduce risks of wildland fires; The procedures for de-energizing powerline facilities to mitigate potential wildland fires; Community outreach efforts during the wildland fire season; and The potential for coordination with other wildland fire protection plans. An association must file its wildland fire protection plan with the public utilities commission every 3 years and must submit an annual report to the commission detailing its compliance with the plan. The bill allows, but does not require, an association to remove or partially remove vegetation outside of a powerline facility easement as necessary following a major weather event or other emergency situation. In addition, an association may designate vegetation as "hazard vegetation" if the association finds that the vegetation is dead, likely to fail, or likely to fall, sway, or grow into a powerline facility and finds that the vegetation is likely to cause substantial damage, disrupt service, or come within a minimum clearance distance of the powerline facility. An association may, but is not required to, remove or partially remove hazard vegetation outside of an easement after providing notice to the landowner. The association is not required to provide notice if removal of the hazard vegetation is necessary to continue safe operation of its facilities or if the removal is done as part of trimming or removing vegetation after a storm or other emergency event. If vegetation outside of a powerline facility easement dies as the result of being trimmed or partially removed by an association, the landowner may request that the association remove the vegetation at the association's expense. The association is required to remove the vegetation within ninety days; except that the association may offer and the landowner may accept payment for the reasonable cost of removal instead of the association removing the vegetation. An association is not liable for personal injury, property damage, or fire suppression costs resulting from a wildland fire if any of the following apply: The association filed a wildland fire protection plan and completed the activities described in it; A landowner failed to control vegetation outside of a powerline facility easement on the landowner's land; The association requested and was denied access to perform vegetation management in a right-of-way on land owned by a local government, the state, a federal agency, or a tribal agency; or A landowner prevented the association from maintaining its powerline facility easement or from removing hazard vegetation outside the easement. If none of those circumstances apply and an association is found liable for a wildland fire, the prevailing plaintiff is limited to actual damages and cannot recover noneconomic, punitive, or exemplary damages. (Note: This summary applies to this bill as introduced.)