NOTE: The governor signed this measure on 4/4/2013.
      
      
      HOUSE BILL 13-1012
      
      
      BY REPRESENTATIVE(S) Gerou and Levy, Duran, Fields, Fischer,
      Gardner, Ginal, Hamner, Hullinghorst, Kagan, Labuda, Lawrence, Lebsock,
      McLachlan, Mitsch Bush, Moreno, Pabon, Pettersen, Rankin, Salazar,
      Schafer, Stephens, Vigil, Williams, Young, Ferrandino;
      also SENATOR(S) Roberts and Nicholson, Aguilar, Carroll, Heath, Hodge,
      Jones, Kefalas, Kerr, King, Lambert, Newell, Schwartz, Todd, Morse.
      
      
      Concerning the extension of financial incentives for wildfire
           mitigation.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 39-22-104, add (4)
      (n.5) as follows:
      
           39-22-104.  Income tax imposed on individuals, estates, and
      trusts - single rate - definitions - repeal. (4)  There shall be subtracted
      from federal taxable income:
      
           (n.5) (I) (A)  For income tax years commencing on or after
      January 1, 2014, but prior to January 1, 2025, an amount equal to
      fifty percent of a landowner's costs incurred in performing
      wildfire mitigation measures in that income tax year on his or her
      property located within the state; except that the amount of the
      deduction claimed in an income tax year shall not exceed two
      thousand five hundred dollars or the total amount of the
      landowner's federal taxable income for the income tax year for
      which the deduction is claimed, whichever is less.
      
           (B)  In the case of two individuals filing a joint return, the
      amount subtracted from federal taxable income shall not exceed
      two thousand five hundred dollars in any taxable year. In the
      case of a married individual who files a separate return, only one
      individual in the marriage may claim the deduction specified in this
      paragraph (n.5).
      
           (C)  In the case of real property owned as tenants in
      common, the deduction allowed pursuant to this paragraph (n.5)
      shall only be allowed to one of the individuals of the ownership
      group.
      
           (II)  A landowner who performs wildfire mitigation measures
      on his or her real property located within the state may claim the
      deduction authorized by this paragraph (n.5) if the wildfire
      mitigation measures are performed in a wildland-urban interface
      area.
      
           (III)  For purposes of this paragraph (n.5):
      
           (A)  "Colorado state forest service" means the Colorado
      state forest service identified in section 23-31-302, C.R.S.
      
           (B)  "Costs" means any actual out-of-pocket expense
      incurred and paid by the landowner, documented by receipt, for
      performing wildfire mitigation measures. "Costs" do not include
      any inspection or certification fees, in-kind contributions,
      donations, incentives, or cost sharing associated with performing
      wildfire mitigation measures. "Costs" do not include expenses paid
      by the landowner from any grants awarded to the landowner for
      performing wildfire mitigation measures.
      
           (C)  "Landowner" means any owner of record of private land
      located within the state, including any easement, right-of-way, or
      estate in the land, and includes the heirs, successors, and assigns
      of such land, and shall not include any partnership, S
      corporation, or other similar entity that owns private land as an
      entity.
      
           (D)  "Wildfire mitigation measures" means the creation of a
      defensible space around structures; the establishment of fuel
      breaks; the thinning of woody vegetation for the primary purpose
      of reducing risk to structures from wildland fire; or the
      secondary treatment of woody fuels by lopping and scattering,
      piling, chipping, removing from the site, or prescribed burning; so
      long as such activities meet or exceed any Colorado state forest
      service standards or any other applicable state rules.
      
           (IV)  This paragraph (n.5) is repealed, effective January 1,
      2026.
      
           SECTION 2.  In Colorado Revised Statutes, 37-95-112.5, amend
      (5) as follows:
      
           37-95-112.5.  Watershed protection and forest health projects -
      repeal. (5)  This section is repealed, effective July 1, 2013 July 1, 2023.
      Such repeal shall not nullify, abrogate, alter, or otherwise affect any extant
      obligations under this article at the time of the repeal.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO