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HB19-1264

Conservation Easement Tax Credit Modifications

Concerning programmatic efficiency of the conservation easement tax credit program, and, in connection therewith, increasing the transparency of the program and making an appropriation.
Session:
2019 Regular Session
Subjects:
Natural Resources & Environment
State Government
Bill Summary

Income tax - credit for donation of conservation easement - extend repeal of conservation easement oversight commission and easement holder certification program - alternative valuation method - conservation easement working group - disclosure form - access to COMaP. A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The instruments creating the conservation easement are recorded in the public records affecting the ownership of the property. The conservation easement is held by a third party (holder), which monitors the use of the land and ensures that the terms of the agreement are upheld. A state income tax credit is currently allowed for a portion of the value of a donated conservation easement.

The statutes establishing the conservation easement oversight commission and the program to certify conservation easement holders in the division of conservation are currently set to repeal on July 1, 2019. The act extends the repeal dates for each to July 1, 2026. In addition, the act:

  • Eliminates a requirement that the board of real estate appraisers establish education and experience requirements for conservation easement appraisers;
  • Relocates and modifies certain provisions governing the creation and valuation of conservation easements;
  • Allows the division of conservation to use an alternative method acceptable to the division and the conservation easement oversight commission to value a conservation easement;
  • Modifies provisions governing a conservation easement working group convened to address specified issues relating to claiming a state income tax credit for the donation of a conservation easement;
  • Requires the owner of property who is granting a conservation easement to execute a disclosure form developed by the division of conservation and the conservation easement oversight commission regarding the easement;
  • Modifies provisions governing when a conservation easement may be extinguished;
  • Prohibits a conservation easement for which a state income tax credit has been allowed from being released, terminated, extinguished, or abandoned by merger, which occurs when the same entity holds both the easement and the land subject to the easement;
  • Increases the total amount that may be claimed as an income tax credit for an individual donation of a conservation easement, but limits the amount that may be claimed per year; and
  • Makes a $250,000 appropriation to Colorado state university to facilitate the provision of public access to the Colorado ownership, management, and protection (COMaP) service which maintains a database and corresponding map of conservation easements and other protected lands in Colorado.

Additionally, the act makes conforming amendments to certain statutory sections contained in HB 19-1172, which recodifies title 12, Colorado Revised Statutes, to ensure that the provisions of the act will be effective as a result of HB 19-1172 becoming law.

Specifies that certain sections take effect only if House Bill 19-1172 becomes law.


(Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

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Bill Text

Pursuant to HJR20-1007, the Second Regular Session of the 72nd General Assembly is Temporarily Adjourned until 10:00 a.m., Monday, March 30, 2020. 

COVID-19 Resources

Temporary Guidelines for Review and Comment Meetings

The legislature will meet in limited session on Monday, March 30th. The Capitol will be open for the duration of the session for those with essential business related to the session. The building will not be available for public tours. People without essential business are encouraged to access the session through the General Assembly website and Colorado Channel.  Anybody with essential business related to the session will be required to practice appropriate social distancing measures.