Amendments for HB22-1301
House Journal, April 13
50 HB22-1301 be amended as follows, and as so amended, be referred to
51 the Committee of the Whole with favorable
52 recommendation:
53
54 Amend printed bill, page 2, lines 3 and 4, strike "(1.6)(a)(VI),
55 (1.6)(b)(III), and (3.3)" and substitute "(3.3) and (6.2)".
1 Page 2, strike lines 7 and 8 and substitute:
2
3 "(1.1) (a) "Agricultural and livestock products" means plant or
4 animal products in a raw or unprocessed state that are".
5
6 Page 3, strike lines 3 through 9 and substitute:
7
8 "(b) ON AND AFTER JANUARY 1, 2023, FOR THE PURPOSES OF THIS
9 SUBSECTION (1.1), "AGRICULTURAL AND LIVESTOCK PRODUCTS" INCLUDES
10 CROPS GROWN WITHIN A CONTROLLED ENVIRONMENT AGRICULTURAL
11 FACILITY IN A RAW OR UNPROCESSED STATE FOR HUMAN OR LIVESTOCK
12 CONSUMPTION. FOR THE PURPOSES OF THIS SUBSECTION (1.1)(b),
13 "AGRICULTURAL AND LIVESTOCK PRODUCTS" DOES NOT INCLUDE
14 MARIJUANA, AS DEFINED IN SECTION 18-18-102 (18)(a), OR ANY OTHER
15 NONFOOD CROP AGRICULTURAL PRODUCTS.".
16
17 Page 3, strike lines 20 through 27 and substitute:
18
19 "(III) ANY PERSONAL PROPERTY WITHIN A FACILITY, WHETHER
20 ATTACHED TO A BUILDING OR NOT, THAT IS CAPABLE OF BEING REMOVED
21 FROM THE FACILITY, AND IS USED IN DIRECT CONNECTION WITH THE
22 OPERATION OF A CONTROLLED ENVIRONMENT AGRICULTURAL FACILITY,
23 WHICH FACILITY IS USED SOLELY FOR PLANTING, GROWING, OR
24 HARVESTING CROPS IN A RAW OR UNPROCESSED STATE.".
25
26 Page 4, strike lines 1 through 3.
27
28 Page 4, lines 5 and 6, strike "STRUCTURE OF NO LESS THAN ONE
29 THOUSAND SQUARE FEET" and substitute "NONRESIDENTIAL STRUCTURE".
30
31 Page 4, line 8, strike "HYDROPONIC PLANT GROWING," and substitute
32 "HYDROPONICS,".
33
34 Page 4, line 10, strike "PRIMARY" and substitute "SOLE".
35
36 Page 4, after line 13, insert:
37
38 "(6.2) "HYDROPONICS" MEANS A SYSTEM IN WHICH WATER
39 SOLUBLE PRIMARY OR SECONDARY PLANT NUTRIENTS OR
40 MICRONUTRIENTS, OR A COMBINATION OF SUCH NUTRIENTS, ARE PLACED
41 IN INTIMATE CONTACT WITH A PLANT'S ROOT SYSTEM THAT IS BEING
42 GROWN IN WATER OR AN INERT SUPPORTIVE MEDIUM THAT SUPPLIES
43 PHYSICAL SUPPORT FOR THE ROOTS.".
44
45 Page 4, line 27, after "valuation -" insert "affidavit -".
46
47 Page 5, strike lines 3 through 8 and substitute:
48
49 "(2) A CEA FACILITY IS VALUED FOR ASSESSMENT PURPOSES AS
50 ALL OTHER AGRICULTURAL PROPERTY USING THE COST, MARKET, AND
51 INCOME APPROACHES TO VALUE.".
52
53 Page 5, line 9, strike "PRIMARY" and substitute "SOLE".
54
55
1 Page 5, strike lines 11 and 12 and substitute "PROPERTY IS CLASSIFIED
2 AND VALUED FOR ASSESSMENT PURPOSES BASED ON ACTUAL USE.
3 (4) AS PART OF THE PERSONAL DECLARATION THE OWNER OF A
4 CEA FACILITY SIGNS AND RETURNS TO THE COUNTY ASSESSOR PURSUANT
5 TO SECTIONS 39-5-107 AND 39-5-108, THE OWNER SHALL INCLUDE AN
6 AFFIDAVIT EXECUTED BY THE OWNER IN WHICH THE OWNER AFFIRMS THAT
7 THE CEA FACILITY MEETS THE REQUIREMENTS OF SECTION 39-1-102 (3.3),
8 INCLUDING THE REQUIREMENTS THAT THE FACILITY OPTIMIZES
9 HYDROPONICS AND THAT THE SOLE PURPOSE OF THE CEA FACILITY IS TO
10 OBTAIN A MONETARY PROFIT FROM THE WHOLESALE OF PLANT-BASED
11 FOOD FOR HUMAN OR LIVESTOCK CONSUMPTION. IF THE CROP GROWN IN
12 THE CEA FACILITY IS HEMP, THE OWNER MUST ALSO INCLUDE A COPY OF
13 A LICENSE TO VERIFY TO THE ASSESSOR THAT THE CROP IS NOT
14 MARIJUANA.
15 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A CEA
16 FACILITY SHALL NOT VIOLATE THE TERMS AND CONDITIONS OF ANY
17 APPLICABLE WATER COURT DECREE ISSUED PURSUANT TO ARTICLE 92 OF
18 TITLE 37 AND SHALL NOT MATERIALLY INJURE WATER RIGHTS OR
19 CONDITIONAL WATER RIGHTS GRANTED UNDER ARTICLE 92 OF TITLE 37.".
20
21
House Journal, April 13
46 Amendment No. 1, Transportation & Local Government Report, dated
47 April 13, 2022, and placed in member’s bill file; Report also printed in
48 House Journal, April 14, 2022.
49
50 As amended, ordered engrossed and placed on the Calendar for Third
51 Reading and Final Passage.
52
Senate Journal, April 29
HB22-1301 by Representative(s) Soper and Roberts, Holtorf, McLachlan, Pelton, Rich, Titone, Will;
also Senator(s) Donovan and Simpson--Concerning the treatment of controlled
environment agricultural facilities for property tax purposes.
Amendment No. 1(L.006), by Senator Donovan.
Amend reengrossed bill, page 4, line 22, after "JANUARY 1, 2023," insert "BUT
PRIOR TO JANUARY 2, 2028,".
Page 5, line 1, strike "definition." and substitute "definition - repeal.".
Page 6, after line 1, insert:
"(6) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2029.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.