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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0255.01 Jacob Bennington x2371 HOUSE BILL 26-1216
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
A BILL FOR AN ACT
CONCERNING THE CORRECTION OF TEC HNICAL DEFECTS IN CERTAIN101
STATUTES ADMINISTERED BY THE DEPARTMENT OF REVENUE. 102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/.)
Statutory Revision Committee. Current law in certain statutes
administered by the department of revenue contains several technical
defects and incorrect statutory cross-references. The bill corrects these
technical defects and incorrect cross-references as follows:
! Section 1 of the bill amends the list of conditions a
taxpayer must meet to claim a refundable income tax credit
SENATE
3rd Reading Unamended
April 7, 2026
SENATE
2nd Reading Unamended
April 6, 2026
HOUSE
3rd Reading Unamended
March 9, 2026
HOUSE
2nd Reading Unamended
March 6, 2026
HOUSE SPONSORSHIP
Luck and Carter, Bradley, Espenoza,
SENATE SPONSORSHIP
Exum and Rich, Coleman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
for certain businesses located in the state so that the list of
conditions terminates correctly and conforms with standard
drafting practices;
! Sections 2 and 4 correct outdated cross-references in the
statute governing the collection of gas and special fuels tax
and the statute governing the road usage fee and bridge and
tunnel impact fee;
! Section 3 clarifies the amount that can be claimed for a
property tax or rent assistance grant and a heat or fuel
expenses assistance grant based on the year the claim was
made; and
! Section 5 removes the definitions for "battery electric
motor vehicle" and "plug-in hybrid electric motor vehicle"
from the statute that creates the high-performance
transportation enterprise, as those defined terms do not
otherwise appear in the statute.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-46-108, amend2
(7)(d)(IV) and (7)(e) as follows:3
24-46-108. Re fundable income tax credits for certain4
businesses located in the state - definitions - repeal.5
(7) To claim a refund in connection with an approved refund6
certificate, a taxpayer must:7
(d) Submit all required records and information to the department8
on or before the due date, including extensions, for filing the taxpayer's9
state income tax return for the income tax year in which an income tax10
credit in excess of the amount applied for pursuant to subsection (7)(c) of11
this section will be refunded, including:12
(IV) Any additional documentation required by section 39-36-10613
(1)(b) or otherwise required by law; AND14
(e) Subject to the limitation in subsection (8) of this section, agree15
to receive a refund of the eighty percent of the amount of the credit16
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remaining after applying the credit under subsection (7)(c) of this section1
and forgo the remaining twenty percent of the amount claimed as a2
refund; and REFUND.3
SECTION 2. In Colorado Revised Statutes, 39-27-105, amend4
(2)(a)(I) as follows:5
39-27-105. Collection of tax on gasoline and special fuel - rules6
- repeal.7
(2) (a) (I) It is the duty of every distributor of gasoline or special8
fuel other than liquefied petroleum gas to compute the amount of tax9
payable on all gasoline or special fuel imported, removed from a terminal,10
or otherwise acquired during the preceding calendar month at the rate of11
tax per gallon imposed thereon in section 39-27-102 (1), and, in12
computing the amount of tax, the allowance of two percent provided for13
in section 39-27-102 (1)(b)(I)(A) shall SECTION 39-27-102 (1)(b)(I) MUST14
be taken into account.15
SECTION 3. In Colorado Revised Statutes, 39-31-101, amend16
(2)(d) and (2.1) as follows:17
39-31-101. Real property tax - tax equivalent - assistance -18
heat or fuel expenses assistance - eligibility - applicability - definitions19
- repeal.20
(2) A grant is the amount of the general property taxes actually21
paid on the residence or the amount of taxes actually paid on a mobile22
home, plus any tax-equivalent payments computed pursuant to subsection23
(4) of this section, with respect to the rent of a trailer space during the24
year for which the grant is claimed, the amount of the specific ownership25
tax actually paid on a trailer coach, or the amount of the tax-equivalent26
payments, computed pursuant to subsection (4) of this section, actually27
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made during the year for which such grant is claimed, but in no event may1
it exceed:2
(d) (I) For a grant claimed for the 2023 calendar year, either eight3
hundred seventy-two dollars reduced by ten percent of the claimant's4
income over the phase-out amount or the property tax flat grant amount,5
whichever amount is greater; OR6
(II) For a grant claimed for years commencing on or after January7
1, 2024, either the maximum grant amount allowed under this subsection8
(2)(d) for the prior year, adjusted for inflation and reduced by ten percent9
of the claimant's income over the phase-out amount, or the property tax10
flat grant amount, whichever amount is greater.11
(2.1) THE AMOUNT OF A HEAT OR FUEL EXPENSES GRANT IS:12
(a) For a grant claimed for the 2023 calendar year, either two13
hundred forty dollars reduced by ten percent of the claimant's income14
over the phase-out amount or the heat or fuel expenses flat grant amount,15
whichever amount is greater; OR16
(b) For a grant claimed for years commencing on or after January17
1, 2024, either the maximum grant amount allowed under this subsection18
(2.1) for the prior year, adjusted for inflation and reduced by ten percent19
of the claimant's income over the phase-out amount, or the heat or fuel20
expenses flat grant amount, whichever amount is greater.21
SECTION 4. In Colorado Revised Statutes, 43-4-217, amend22
(6)(a) as follows:23
43-4-217. Additional funding - road usage fees - rules -24
legislative declaration - definitions.25
(6) (a) A distributor is not required to pay the road usage fee26
imposed by subsection (3) or (4) of this section or the bridge and tunnel27
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impact fee imposed as authorized by section 43-4-805 (5)(g.5), if the1
distributor would otherwise be liable for the excise tax on the gasoline or2
special fuel subject to the fee but is allowed to sell the gasoline or special3
fuel without payment of the applicable excise tax pursuant to section4
39-27-102 (1)(b)(II) or section 39-27-102.5 (2)(b).5
SECTION 5. In Colorado Revised Statutes, 43-4-806, repeal6
(7.6)(a)(II)(A) and (7.6)(a)(II)(C) as follows:7
43-4-806. High-performance transportation enterprise -8
creation - enterprise status - board - funds - powers and duties - user9
fees - limitations - reporting requirements - violations on the peak10
period shoulder lanes - legislative declaration - definitions.11
(7.6) (a) (II) As used in this subsection (7.6), unless the context12
otherwise requires:13
(A) "Battery electric motor vehicle" has the same meaning as set14
forth in section 43-4-1202 (1).15
(C) "Plug-in hybrid electric motor vehicle" has the same meaning16
as set forth in section 43-4-1202 (14).17
SECTION 6. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly (August20
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a21
referendum petition is filed pursuant to section 1 (3) of article V of the22
state constitution against this act or an item, section, or part of this act23
within such period, then the act, item, section, or part will not take effect24
unless approved by the people at the general election to be held in25
November 2026 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
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