Amendments for SB23-207
Senate Journal, April 12
Amend printed bill, page 6, line 25, after "SOFTWARE;" insert "AND".
Page 6, line 27, strike "CENTER; AND" and substitute "CENTER.".
Page 7, strike lines 1 through 3.
Page 7, line 10, strike "TWENTY-FIVE" and substitute "ONE HUNDRED".
Page 8, line 4, strike "2034," and substitute "2032,".
Page 9, line 17, after "CENTER." add "THE COMMISSION MAY APPROVE, DENY,
OR LIMIT A REFUND CERTIFICATION TO A DOLLAR AMOUNT BASED ON THE
FOLLOWING ECONOMIC DEVELOPMENT PRIORITIES:
(I) THE CAPITAL INVESTMENT THAT WAS REQUIRED TO BUILD THE
ELIGIBLE OPERATING DATA CENTER;
(II) THE SALES AND USE TAXES THAT WERE ABATED IN THE FIRST TWO
YEARS OF CONSTRUCTION;
(III) THE AMOUNT OF LOCAL INCENTIVES PROVIDED TO ATTRACT THE
DATA CENTER TO THE LOCAL COMMUNITY;
(IV) THE ECONOMIC HEALTH OF THE STATE;
(V) A COMPETITIVE ANALYSIS BETWEEN COLORADO AND OTHER STATES
INCLUDING, BUT NOT LIMITED TO, IDENTIFICATION OF THE COST DIFFERENTIAL
IN THE COSTS OF THE PROJECT IN COLORADO COMPARED TO THE PROJECTED
COSTS IF THE PROJECT HAD COMMENCED IN A COMPETING STATE. THE COST
DIFFERENTIAL INCLUDES ANY IMPACT OF THE COMPETING STATE'S INCENTIVE
PROGRAMS INCLUDING:
(A) SPECIFIC COSTS FOR LABOR, UTILITIES, TAXES, AND ANY OTHER
COSTS OF A COMPETING STATE'S SITE; AND
(B) THE COST STRUCTURE OF THE TAXPAYER'S INDUSTRY IN THE
COMPETING STATE;
(VI) CERTIFIED DOCUMENTATION FROM THE TAXPAYER TO
DEMONSTRATE THAT THE CREDIT ALLOWED PURSUANT TO THIS SECTION WAS A
SUBSTANTIAL FACTOR IN THE DECISION TO LOCATE THE PROJECT IN THE STATE.
THE DOCUMENTATION MUST INCLUDE INFORMATION INDICATING THAT:
(A) THE TAXPAYER COULD HAVE REASONABLY AND EFFICIENTLY
LOCATED THE PROJECT OUTSIDE OF THE STATE;
(B) AT LEAST ONE OTHER STATE WAS CONSIDERED FOR THE PROJECT;
(C) RECEIPT OF THE CREDIT ALLOWED IN THIS SECTION WAS A MAJOR
FACTOR IN THE TAXPAYER'S DECISION; AND
(D) WITHOUT THE CREDIT ALLOWED PURSUANT TO THIS SECTION, THE
TAXPAYER WAS NOT LIKELY TO COMMENCE THE PROJECT IN THE STATE;
(VII) THE DATA CENTER'S ENERGY EFFICIENCY AND WATER USAGE; AND
(VIII) THE NUMBER OF FULL-TIME PERMANENT JOBS CREATED TO
OPERATE THE DATA CENTER ON AN ONGOING BASIS AND THE AVERAGE ANNUAL
WAGE OF THOSE JOBS.
(d) IN EACH STATE FISCAL YEAR THAT A SALES AND USE TAX REFUND IS
ALLOWED PURSUANT TO THIS SECTION, THE COMMISSION MAY APPROVE
CERTIFICATION FOR UP TO THREE DATA CENTERS TO CLAIM A SALES AND USE
TAX REFUND PURSUANT TO THIS SECTION.".
Page 9, line 21, strike "CENTER," and substitute "CENTER AND THE COMMISSION
HAS APPROVED THE CERTIFICATION,".
Page 9, line 25, strike "CENTER." and substitute "CENTER UP TO THE AMOUNT
APPROVED BY THE COMMISSION.".
Page 11, line 23, strike "2039." and substitute "2037.".