C.R.S. Section 39-26-732
Heat pump systems

  • tax preference performance statement
  • legislative declaration
  • definitions
  • repeal

(1)

Intentionally left blank —Ed.

(a)

The general assembly hereby finds and declares that:

(I)

The general assembly has committed to reduce greenhouse gases through numerous policy and regulatory measures to meet the goals established in 2019;

(II)

Great quantities of emissions are released in the traditional process of heating and cooling private sector commercial and residential buildings;

(III)

There is great potential for businesses and individuals in the state to reduce greenhouse gas emissions generated in the heating and cooling of commercial and residential buildings by installing heat pump systems and heat pump water heaters, which reduce net greenhouse gas emissions;

(IV)

Providing a sales and use tax exemption for heat pump systems and heat pump water heaters will encourage businesses and individuals to purchase and use heat pump systems and heat pump water heaters rather than traditional heating and cooling methods; and

(V)

The purchase and use of heat pump systems and heat pump water heaters will benefit public health in the heating and cooling of homes and businesses and take advantage of latent heat sources and available renewable power during low demand periods.

(b)

In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to:

(I)

Induce certain designated behavior by taxpayers, specifically the purchase and use of heat pump systems and heat pump water heaters; and

(II)

Contribute to the state’s effort to achieve its climate goals.

(c)

The general assembly and the state auditor shall measure the effectiveness of the exemption in achieving the purposes specified in subsection (1)(b) of this section based on the number of heat pump systems and heat pump water heaters sold and used in the state. The Colorado energy office shall provide the state auditor with any available information that would assist the state auditor’s measurement.

(2)

As used in this section, unless the context otherwise requires:

(a)

Intentionally left blank —Ed.

(I)

“Air-source heat pump system” means a system that:

(A)

Is certified pursuant to the federal environmental protection agency’s energy star program;

(B)

Has a variable speed compressor;

(C)

Is listed in the air-conditioning, heating, and refrigeration institute directory of certified product performance as a matched system; and

(D)

Is installed by a licensed contractor, plumber, or employee of a gas utility in accordance with the national electrical code and the manufacturer’s specifications.

(II)

“Air-source heat pump system” may include an electric resistance heating element or a dual fuel system for supplemental heat so long as:

(A)

The air-source heat pump is used as the primary source of a building’s heat and is designed to supply at least eighty percent of total annual heating for the building;

(B)

The system is capable of distributing produced heat to all conditioned areas of the building;

(C)

The dual fuel system has a furnace with an annual fuel utilization efficiency rating of ninety percent or higher;

(D)

All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E)

The system is installed by technicians that are trained on the safe handling of flammable refrigerants.

(III)

“Air-source heat pump system” includes mechanical and electrical equipment central to the operation of an air-source heat pump, including an upgraded electrical panel if necessary.

(b)

Intentionally left blank —Ed.

(I)

“Ground-source heat pump system” means a system that:

(A)

Is certified to the international organization for standardization’s latest standards;

(B)

Is installed by a licensed contractor, plumber, or employee of a gas utility in accordance with the national electric code and manufacturer’s specifications;

(C)

Conforms to all applicable municipal, state, and federal codes, standards, regulations, and certifications;

(D)

Has blowers that are variable speed, high-efficiency motors that meet or exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and

(E)

Complies with all state and local drinking water guidelines and regulations and public water system requirements.

(II)

“Ground-source heat pump system” may include a dual fuel system so long as:

(A)

The ground-source heat pump is used as the primary source of a building’s heat and is designed to supply at least eighty percent of total annual heating for the building;

(B)

The system is capable of distributing produced heat to all conditioned areas of the building;

(C)

The furnace has an annual fuel utilization efficiency rating of ninety percent or higher;

(D)

All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E)

The system is installed by technicians that are trained on the safe handling of flammable refrigerants.

(III)

“Ground-source heat pump system” includes mechanical and electrical equipment central to the operation of a ground-source heat pump, including an upgraded electrical panel if necessary.

(IV)

“Ground-source heat pump system” may include a heat exchanger for water heating.

(c)

“Heat pump system” means an air-source heat pump system, ground-source heat pump system, water-source heat pump system, combined water-source and air-source heat pump system, or variable refrigerant flow heat pump system.

(d)

Intentionally left blank —Ed.

(I)

“Heat pump water heater” means an electric water heater that uses heat pump technology to transfer heat from the surrounding air to water in a tank and that is certified pursuant to the federal environmental protection agency’s energy star program.

(II)

“Heat pump water heater” may include:

(A)

An electric resistance heating element; and

(B)

Mechanical and electrical equipment central to the operation of a heat pump water heater, including an upgraded electrical panel if necessary.

(e)

Intentionally left blank —Ed.

(I)

“Water-source heat pump system” means a system that:

(A)

Is certified to the international organization for standardization’s latest standards;

(B)

Is installed by a licensed contractor, plumber, or employee of a gas or wastewater utility in accordance with the national electric code and manufacturer’s specifications;

(C)

Conforms to all applicable municipal, state, and federal codes, standards, regulations, and certifications;

(D)

Has blowers that are variable speed, high-efficiency motors that meet or exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and

(E)

Complies with all state and local drinking water guidelines and regulations and public water system and wastewater system requirements.

(II)

“Water-source heat pump system” may include a dual fuel system so long as:

(A)

The water-source heat pump is used as the primary source of a building’s heat and is designed to supply at least eighty percent of the total annual heating for the building;

(B)

The system is capable of distributing produced heat to all conditioned areas of the building;

(C)

The furnace has an annual fuel utilization efficiency rating of ninety percent or higher;

(D)

All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E)

The system is installed by technicians who are trained in the safe handling of flammable refrigerants.

(III)

“Water-source heat pump system” includes mechanical and electrical equipment central to the operation of a water-source heat pump.

(f)

Intentionally left blank —Ed.

(I)

“Variable refrigerant flow heat pump system” means a system that:

(A)

Is certified to the international organization for standardization’s latest standards;

(B)

Is installed by a licensed contractor, plumber, or employee of a gas or wastewater utility in accordance with the national electric code and manufacturer’s specifications;

(C)

Conforms to all applicable municipal, state, and federal codes, standards, regulations, and certifications;

(D)

Has blowers that are variable speed, high-efficiency motors that meet or exceed efficiency levels listed in the national electrical manufacturers association MGI-1993 publication; and

(E)

Complies with all state and local drinking water guidelines and regulations and public water system and wastewater system requirements.

(II)

“Variable refrigerant flow system” may include a dual fuel system so long as:

(A)

The variable refrigerant flow system is used as the primary source of a building’s heat and is designed to supply at least eighty percent of the total annual heating for the building;

(B)

The system is capable of distributing produced heat to all conditioned areas of the building;

(C)

The furnace has an annual fuel utilization efficiency rating of ninety percent or higher;

(D)

All piping for a split system is installed by technicians certified to the NITC R78 brazing procedure; and

(E)

The system is installed by technicians who are trained in the safe handling of flammable refrigerants.

(III)

“Variable refrigerant flow system” includes mechanical and electrical equipment central to the operation of a variable refrigerant flow system.

(3)

On and after January 1, 2023, but before January 1, 2024, subject to the provisions of subsection (4) of this section, all sales, storage, and use of heat pump systems and heat pump water heaters that are used in commercial or residential buildings are exempt from taxation under parts 1 and 2 of this article 26.
(4)(a)(I) To be eligible for the sales and use tax exemption pursuant to this section, the purchaser of a heat pump system or heat pump water heater shall certify, as specified in subsection (4)(b) of this section, that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of a heat pump system or heat pump water heater in a new or existing industrial, commercial, or multifamily residential building containing twenty thousand square feet or more of conditioned floor space will be performed by a contractor on the certified contractor list created pursuant to section 40-3.2-105.6 (3)(a), or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards.

(II)

The requirements of this subsection (4)(a) do not apply to the installation of a heat pump system or heat pump water heater that is limited to in-unit work in a multifamily building or unit and that is initiated by the owner or tenant of the multifamily building or unit.

(b)

The purchaser shall certify, in a form and manner to be determined by the department of revenue, that the heat pump system or heat pump water heater will be installed in accordance with the provisions of subsection (4)(a) of this section, if applicable.

(5)

This section is repealed, effective January 1, 2027.

Source: Section 39-26-732 — Heat pump systems - tax preference performance statement - legislative declaration - definitions - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑26‑101
Short title
39‑26‑102
Definitions
39‑26‑102.5
Change of references from “Internal Revenue Code of 1954” to “Internal Revenue Code of 1986”
39‑26‑103
Licenses - fee - revocation - definition
39‑26‑103.5
Qualified purchaser - direct payment permit number - qualifications
39‑26‑104
Property and services taxed - definitions
39‑26‑105
Vendor liable for tax - definitions - repeal
39‑26‑105.2
Remittance of tax - GIS - vendor held harmless - requirements of GIS database - rules - definition
39‑26‑105.3
Remittance of tax - electronic database - vendor held harmless - repeal
39‑26‑105.4
Remittance of tax - determination of address - dealer held harmless
39‑26‑105.5
Remittance of sales taxes - electronic funds transfers
39‑26‑106
Schedule of sales tax
39‑26‑107
Rules and regulations
39‑26‑108
Tax cannot be absorbed
39‑26‑109
Reports of vendor
39‑26‑111
Credit sales
39‑26‑112
Excess tax - remittance - repeal
39‑26‑113
Collection of sales tax - motor vehicles - off-highway vehicles - exemption - process for motor vehicles sold at auction - exception - definition
39‑26‑113.5
Refund of state sales taxes for vehicles used in interstate commerce - fund
39‑26‑115
Deficiency due to negligence
39‑26‑116
Record of sales
39‑26‑117
Tax lien - exemption from lien
39‑26‑118
Recovery of taxes, penalty, and interest - repeal
39‑26‑119
License and tax additional
39‑26‑120
False or fraudulent return, statement - penalty
39‑26‑121
Penalty
39‑26‑122
Administration
39‑26‑122.5
Collection of sales tax - enhanced efficiencies - intergovernmental agreements with local governments - legislative declaration
39‑26‑123
Receipts - disposition - transfers of general fund surplus - sales tax holding fund - creation - definitions
39‑26‑124
Applicability to banks
39‑26‑125
Limitations
39‑26‑126
Legislative finding as to revenues for old age pension fund
39‑26‑127
Legislation modifying the state sales tax base - no impact on local government sales tax bases - no expansion of local authority to levy sales tax
39‑26‑128
Uniform sales and use tax base - definition
39‑26‑129
Refund for property used in rural broadband service - legislative declaration - definitions
39‑26‑201
Definitions
39‑26‑202
Authorization of tax
39‑26‑204
Periodic return - collection
39‑26‑204.5
Remittance of tax - electronic database - retailer held harmless - repeal
39‑26‑204.6
Remittance of tax - determination of address - motor vehicle dealer held harmless
39‑26‑205
Tax constitutes lien - exemption from lien
39‑26‑206
Failure to make return
39‑26‑207
Penalty interest on unpaid tax
39‑26‑208
Collection of use tax - motor vehicles
39‑26‑209
Rules and regulations
39‑26‑210
Limitations
39‑26‑211
Applicability to banks
39‑26‑212
Legislation modifying the state use tax base - no impact on local government use tax bases - no expansion of local authority to levy use tax
39‑26‑401
Definitions
39‑26‑402
Refund of state sales and use tax for biotechnology - application requirements and procedures
39‑26‑701
Definitions
39‑26‑702
Department of revenue - rules
39‑26‑703
Disputes and refunds - repeal
39‑26‑704
Miscellaneous sales tax exemptions - governmental entities - hotel residents - schools - exchange of property
39‑26‑705
Miscellaneous use tax exemptions - printers ink and newsprint - manufactured goods
39‑26‑706
Miscellaneous sales and use tax exemptions - internet access - refractory materials - precious metal bullion and coins
39‑26‑707
Food, meals, beverages, and packaging - definitions
39‑26‑708
Construction and building materials - legislative declaration - definition
39‑26‑709
Machinery and machine tools - definitions
39‑26‑710
Railroads - construction and building materials - tangible personal property - work equipment - rolling stock
39‑26‑711
Aircraft - tangible personal property
39‑26‑711.5
Aircraft - use outside state
39‑26‑711.8
Aircraft - use outside state - on-demand air carriers
39‑26‑711.9
Historic aircraft on loan for public display - definition
39‑26‑712
Trailers and trucks
39‑26‑713
Tangible personal property
39‑26‑714
Vending machines - definitions
39‑26‑715
Fuel and oil - definitions
39‑26‑716
Agriculture and livestock - special fuels - definitions
39‑26‑717
Drugs and medical and therapeutic devices - legislative declaration - definitions - repeal
39‑26‑718
Charitable organizations - association or organization of parents and teachers of public school students
39‑26‑719
Motor vehicles
39‑26‑720
Bingo equipment
39‑26‑721
Manufactured homes and tiny homes
39‑26‑723
Colorado wood products - repeal
39‑26‑724
Components used to produce energy from a renewable energy source - definitions
39‑26‑725
Sales related to a school - definitions
39‑26‑726
Medical marijuana - debilitating conditions and ability to purchase
39‑26‑727
Tribal exemption - motor vehicles - partial interest - definition - legislative declaration
39‑26‑728
Property for use in space flight - definitions
39‑26‑729
Retail sales of marijuana
39‑26‑730
Sales and use tax exemption forms - simplification - legislative declaration
39‑26‑731
Eligible decarbonizing building materials - tax preference performance statement - legislative declaration - definition - repeal
39‑26‑732
Heat pump systems - tax preference performance statement - legislative declaration - definitions - repeal
39‑26‑733
Residential energy storage systems - tax preference performance statement - legislative declaration - definition - repeal
39‑26‑734
Rebuilding from declared wildfire disaster - tax preference performance statement - legislative declaration - definitions - repeal
39‑26‑801
Legislative declaration
39‑26‑802
Sales and use tax simplification task force - creation
39‑26‑802.5
Sales and use tax simplification - request for information
39‑26‑802.7
Electronic sales and use tax simplification system - sourcing method - implementation - legislative intent - definitions
39‑26‑802.9
Retailers without physical presence or with only incidental physical presence in local taxing jurisdictions - streamlined application process and no fee for local general business license - legislative declaration - definitions
39‑26‑803
Gifts, grants, or donations
39‑26‑804
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 39-26-732’s source at colorado​.gov