Bill Sponsor
Colorado Senate Bill 126
Session 2024A
Conservation Easement Income Tax Credit
Became Law
Became Law
Signed by Governor on May 20, 2024
Sponsors
Republican
Perry Will
Democrat
Faith Winter
Democrat
Meghan Lukens
Republican
Mike Lynch
First Action
Feb 6, 2024
Latest Action
May 20, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
126
State
Colorado
Session
2024A
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Republican
Primary
Republican
Primary
Summary
The act extends the conservation easement oversight commission (commission) and the certified holder program indefinitely. The act replaces a nonvoting member of the commission who represents the great outdoors Colorado trust fund (GOCO) with a voting member who represents GOCO and who is appointed by and serves at the pleasure of the executive director of GOCO. The act also adds a voting member appointed by the governor who meets the definition of "socially disadvantaged farmer or rancher" as defined in federal law. A conservation easement tax credit (credit) is not available for income tax years commencing after December 31, 2031, except for credits created on or before December 31, 2031, and subsequently transferred or carried over as a credit in other tax years. The cap for the total value of credits that may be claimed by and credited to donors of a conservation easement (easement) in one calendar year is increased from $45 million to $50 million starting in calendar year 2025. Credits filed after the cap is reached are placed in a priority system of allocation based on the date the application for the credit was filed, the completeness of the application, and whether the application is approved. Earlier filed credits take precedence over later filed credits. Credits for easements donated in a prior year are eligible for tax credit certificates in subsequent years in order of application. The act provides that for conservation easements donated on or after January 1, 2027, a taxpayer may claim 80% of the fair market value of the donated portion of the easement. Credits may be issued in increments of no more than $1.5 million per year. The total aggregate amount of the credit that may be refunded to the owners, partners, and shareholders of an entity donating an easement may not exceed $200,000 for income tax years beginning on or after January 1, 2027. On and after January 1, 2027, the act eliminates the requirement that to claim the credit, the state controller must certify that the amount of state revenues for the fiscal year ending in the income tax year for which the refund is claimed exceeds the limitation on state fiscal year spending for that fiscal year. The act allows an easement granted on or after January 1, 2025, to include a provision that, subject to specified requirements, allows the holder to approve expanded wind or solar energy facilities that are compatible with and do not impair conservation values. For the 2024-25 state fiscal year, $12,925 is appropriated from the conservation cash fund to the department of regulatory agencies for use by the division of conservation. APPROVED by Governor May 20, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Actions (17)
05/20/2024
Office of the Governor
Governor Signed
05/13/2024
Office of the Governor
Sent to the Governor
05/13/2024
House
Signed by the Speaker of the House
05/13/2024
Senate
Signed by the President of the Senate
05/08/2024
Senate
Senate Considered House Amendments - Result was to Concur - Repass
05/07/2024
House
House Third Reading Passed - No Amendments
05/06/2024
House
House Second Reading Special Order - Passed with Amendments - Committee
05/06/2024
House
House Committee on Appropriations Refer Amended to House Committee of the Whole
04/29/2024
House
House Committee on Finance Refer Amended to Appropriations
04/22/2024
House
House Committee on Agriculture, Water & Natural Resources Refer Amended to Finance
04/17/2024
House
Introduced In House - Assigned to Agriculture, Water & Natural Resources
04/17/2024
Senate
Senate Third Reading Passed - No Amendments
04/16/2024
Senate
Senate Second Reading Special Order - Passed with Amendments - Committee
04/16/2024
Senate
Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
03/05/2024
Senate
Senate Committee on Finance Refer Amended to Appropriations
02/22/2024
Senate
Senate Committee on Agriculture & Natural Resources Refer Amended to Finance
02/06/2024
Senate
Introduced In Senate - Assigned to Agriculture & Natural Resources
Sources
Record Created
Feb 7, 2024 12:56:13 AM
Record Updated
Jun 26, 2024 10:43:29 PM