C.R.S. Section 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)

Intentionally left blank —Ed.

(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: Section 32-1-1702 — New business facilities - expanded or existing business facilities - incentives - limitations - authority to exceed revenue-raising limitation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑1‑101
Short title 32‑1‑102
Legislative declaration 32‑1‑103
Definitions 32‑1‑104
Establishment of a special districts file 32‑1‑104.5
Audit and budget requirements - election results - description on state websites 32‑1‑104.8
Information statement regarding taxes and debt 32‑1‑105
Notice of organization, dissolution, name change, or boundary change 32‑1‑106
Repetitioning of elections - time limits 32‑1‑107
Service area of special districts 32‑1‑108
Correction of faulty notices 32‑1‑109
Early hearings 32‑1‑110
Construction with other laws 32‑1‑111
Validation of special districts - bonds 32‑1‑112
Validation of boundaries of metropolitan districts 32‑1‑113
Liberal construction 32‑1‑201
Applicability 32‑1‑202
Filing of service plan required - report of filing - contents - fee 32‑1‑203
Action on service plan - criteria 32‑1‑204
Public hearing on service plan - procedures - decision 32‑1‑204.5
Approval by municipality 32‑1‑204.7
Approval by an annexing municipality 32‑1‑205
Resolution of approval required 32‑1‑206
Judicial review 32‑1‑207
Compliance - modification - enforcement 32‑1‑208
Statement of purposes - districts without service plans 32‑1‑209
Submission of information 32‑1‑301
Petition for organization 32‑1‑302
Bond of petitioners 32‑1‑303
Court jurisdiction - transfer of file - judge not disqualified 32‑1‑304
Notice of court hearing 32‑1‑304.5
Court hearing not required - health service district - health assurance district 32‑1‑305
Court hearing - election - declaration of organization 32‑1‑305.5
Organizational election - new special district - first directors 32‑1‑306
Filing decree 32‑1‑307
Park and recreation districts - metropolitan districts providing parks and recreational facilities or programs - exclusion proviso 32‑1‑308
Applicability of article to existing districts and validation - districts being organized 32‑1‑401
Inclusion of territory - procedure 32‑1‑401.5
Fire protection districts - inclusion of personalty 32‑1‑402
Effect of inclusion order 32‑1‑501
Exclusion of property by fee owners or board - procedure 32‑1‑502
Exclusion of property within municipality - procedure 32‑1‑503
Effect of exclusion order 32‑1‑601
Definitions 32‑1‑602
Procedure for consolidation 32‑1‑602.5
Consolidation and review by administrative action 32‑1‑603
Procedure after consolidation election 32‑1‑604
Advisory board members 32‑1‑605
Special election provisions for consolidated districts 32‑1‑606
Bonded indebtedness of consolidated districts 32‑1‑606.5
Elector approval of financial obligations of consolidating districts 32‑1‑607
Powers 32‑1‑608
Subsequent consolidations 32‑1‑701
Initiation - petition - procedure 32‑1‑702
Requirements for dissolution petition 32‑1‑703
Notice of filing petition 32‑1‑704
Conditions necessary for dissolution - permissible provisions - hearings - court powers 32‑1‑705
Election notice 32‑1‑706
Conduct of election 32‑1‑707
Order of dissolution - conditions attached 32‑1‑708
Disposition of remaining funds - unpaid tax or levies 32‑1‑709
Dissolution of health service district - limitation 32‑1‑710
Dissolution by administrative action 32‑1‑801
Legislative declaration - applicability 32‑1‑802
Acts and elections conducted pursuant to provisions which refer to qualified electors 32‑1‑803
Acts and elections conducted pursuant to provisions which refer to registered electors 32‑1‑803.5
Organizational election - new special district 32‑1‑804
Board to conduct elections - combined election - time for special election 32‑1‑805.5
Ranked voting methods 32‑1‑806
Persons entitled to vote at special district elections 32‑1‑807
Nonapplicability of criminal penalties 32‑1‑808
Transfer of property title to qualify electors - limitations - validation 32‑1‑809
Notice to electors 32‑1‑901
Oath or affirmation and bond of directors 32‑1‑902
Organization of board - compensation - disclosure 32‑1‑902.5
Increasing the number of board members 32‑1‑902.7
Director districts 32‑1‑903
Meetings - definitions 32‑1‑904
Office 32‑1‑905
Vacancies 32‑1‑906
Directors subject to recall - applicability of laws 32‑1‑907
Recall election - resignation 32‑1‑908
Recall procedures 32‑1‑909
Recall petition - designated election official - approval as to form - definition 32‑1‑910
Petition in sections - signing - affidavit - review - tampering with petition 32‑1‑911
Resignation - vacancy filled - election - ballot - nomination 32‑1‑912
Incumbent not recalled - reimbursement - definition 32‑1‑913
Second recall petition 32‑1‑914
Powers of designated election official and county clerk and recorder 32‑1‑915
Costs of recall 32‑1‑1001
Common powers - definitions 32‑1‑1002
Fire protection districts - additional powers and duties 32‑1‑1003
Health service districts - additional powers 32‑1‑1003.5
Health assurance districts - additional powers - legislative declaration - definitions 32‑1‑1004
Metropolitan districts - additional powers and duties 32‑1‑1005
Park and recreation districts - additional powers - limitations 32‑1‑1006
Sanitation, water and sanitation, or water districts - additional powers - special provisions 32‑1‑1007
Ambulance districts - additional powers - special provisions 32‑1‑1008
Tunnel districts - additional powers - special provisions 32‑1‑1009
Regional tourism projects 32‑1‑1101
Common financial powers - definition 32‑1‑1101.5
Special district debt - quinquennial findings of reasonable diligence 32‑1‑1101.7
Establishment of special improvement districts within the boundaries of a special district 32‑1‑1103
Special financial provisions - health service districts 32‑1‑1105
Special financial provisions - tunnel districts 32‑1‑1106
Special financial provisions - metropolitan districts that provide fire protection, parks or recreational facilities or programs, street improvement, safety protection, or transportation services 32‑1‑1201
Procedure 32‑1‑1202
County officers to levy and collect - lien 32‑1‑1203
Sale for delinquencies 32‑1‑1204
Liability of property included or excluded from district 32‑1‑1301
Legislative declaration - applicability 32‑1‑1302
Refunding bonds 32‑1‑1303
Limitations upon issuance 32‑1‑1304
Use of proceeds of refunding bonds 32‑1‑1305
Combination of refunding and other bonds 32‑1‑1306
Board’s determination final 32‑1‑1307
Construction of part 13 32‑1‑1401
Legislative declaration 32‑1‑1402
Definitions 32‑1‑1403
Petition 32‑1‑1403.5
Notice and hearing by board 32‑1‑1404
Powers 32‑1‑1405
Powers not limited by this part 14 32‑1‑1406
Validation of bankruptcy filings and approvals 32‑1‑1601
Legislative declaration 32‑1‑1602
Definitions 32‑1‑1603
Separate mill levies - certification to county commissioners 32‑1‑1604
Recording 32‑1‑1605
Limitations on actions - prior law 32‑1‑1701
Legislative declaration 32‑1‑1702
New business facilities - expanded or existing business facilities - incentives - limitations - authority to exceed revenue-raising limitation 32‑1‑1801
Short title 32‑1‑1802
Legislative declaration 32‑1‑1803
Definitions 32‑1‑1804
Integrated project delivery contracts - authorization - effect of other laws 32‑1‑1805
Integrated project delivery contracting process - prequalification of participating entities - apprentice training 32‑1‑1806
Requests for proposals - evaluation and award of integrated project delivery contracts 32‑1‑1807
Supplemental provisions
Green check means up to date. Up to date

Current through Fall 2024

§ 32-1-1702’s source at colorado​.gov