Colorado Code § 39-3-122

Agricultural equipment used in production of agricultural products - CEA facilities - exemption - definition
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(1) Agricultural equipment that is used on any farm or
ranch in the production of agricultural products is exempt from the levy and collection of
property tax.
(2) On and after January 1, 2023, agricultural equipment that is used in any CEA facility
or greenhouse is exempt from the levy and collection of property tax.
(3) On and after January 1, 2024, but before January 2, 2029, personal property is
exempted from the levy and collection of property tax if the property is machinery or equipment
that is part of a solar energy generating system that is used for agrivoltaics, and if the property:
(a) Incorporates novel designs, technologies, or configurations that significantly expand
the potential for agricultural activities, including by:
(I) Elevating the bottom edge height of the panels at least six feet above the ground;
(II) Utilizing translucent panels or panels with tubular or other innovative panel
geometry that supports agrivoltaics;
(III) Incorporating alternative solar tracking algorithms that are tailored to optimize
vegetative growth;
(IV) Incorporating extended row or panel spacing in a manner that enables agricultural
activities;
(V) Incorporating modified wire management systems that support livestock, including
raising, lowering, or burying wiring;
(VI) Incorporating innovative photovoltaic racking structures, including tensioned wire
racking systems, suspension-based systems, or other dynamic photovoltaic racking systems or
arrangements;
(VII) Incorporating agricultural infrastructure that is typically found on a farm or ranch
operation, such as agricultural fences, water sources and distribution, water troughs and tanks,
corrals, livestock pens, or produce handling equipment; or
(VIII) Incorporating agricultural structures that are typically found on an agricultural
operation, such as a tractor shed, a barn, or structures for equipment storage, produce washing,
storage, processing, or chilling and packaging;
(b) Is constructed in a manner that minimizes soil compaction underneath and in
between panels; and
(c) Is constructed to incorporate design strategies that are planned with the intent to
minimize the negative environmental impact of photovoltaic energy production facilities on
ecosystems, native vegetation, state and federally listed species, wildlife migration corridors, and
the species, habitats, and ecosystems of greatest conservation need.
(4) As used in this section, "agrivoltaics" has the meaning set forth in section 35-1-114
(4)(a).

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