Senate Committee of Reference Report
Committee on Finance
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April 14, 2026
After consideration on the merits, the Committee recommends the following:
SB26-049 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, 39-22-104, add
Page 1, Line 4(3)(v), (3)(w), (3)(x), and (4)(ff) as follows:
Page 1, Line 539-22-104. Income tax imposed on individuals, estates, and
Page 1, Line 6trusts - single rate - report - tax preference performance statement
Page 1, Line 7- legislative declaration - definitions - repeal.
Page 1, Line 8(3) There shall be added to the federal taxable income:
Page 1, Line 9(v) For income tax years commencing on or after January
Page 1, Line 101, 2025, an amount equal to the amount of employer contribution
Page 1, Line 11that an employee forfeits pursuant to section 39-22-558 (3)(c)
Page 1, Line 12and that the taxpayer had previously subtracted from the
Page 1, Line 13taxpayer's federal taxable income pursuant to subsection (4)(bb)
Page 1, Line 14of this section;
Page 1, Line 15(w) The amount of any overtime compensation excluded or
Page 1, Line 16deducted from federal gross income; and
Page 1, Line 17(x) (I) The amount recaptured pursuant to section
Page 1, Line 1839-22-572 (4).
Page 1, Line 19(II) This subsection (3)(x) is repealed, effective December
Page 1, Line 2031, 2047.
Page 1, Line 21(4) There shall be subtracted from federal taxable income:
Page 1, Line 22(ff) (I) Contributions to a catastrophe savings account
Page 1, Line 23and the interest income realized thereon to the extent
Page 1, Line 24permitted by section 39-22-572 (3).
Page 1, Line 25(II) This subsection (4)(ff) is repealed, effective December
Page 1, Line 2631, 2047.
Page 1, Line 27SECTION 2. In Colorado Revised Statutes, add 39-22-572 as
Page 2, Line 1follows:
Page 2, Line 239-22-572. Catastrophe savings account - legislative
Page 2, Line 3declaration - tax preference performance statement - definitions -
Page 2, Line 4repeal.
Page 2, Line 5(1) As used in this section, unless the context otherwise
Page 2, Line 6requires:
Page 2, Line 7(a) "Administrator" means the department, a third party
Page 2, Line 8selected by the department, or a third party with the
Page 2, Line 9department to administer the subtraction created in section
Page 2, Line 1039-22-104 (4)(ff).
Page 2, Line 11(b) "Catastrophe savings account" means a regular
Page 2, Line 12savings or money market account established by a taxpayer
Page 2, Line 13exclusively for the purpose of accepting contributions that
Page 2, Line 14qualify for the subtraction allowed by this section.
Page 2, Line 15(c) "Department" means the department of revenue.
Page 2, Line 16(d) "Fortified" means a homebuilding standard program
Page 2, Line 17from the insurance institute for business and home safety or a
Page 2, Line 18similar entity designated by the administrator that researches
Page 2, Line 19building materials specifically designed to prevent damage from
Page 2, Line 20natural disasters.
Page 2, Line 21(e) "Impact-resistant roofing materials" means a roofing
Page 2, Line 22material that has been tested and certified through the
Page 2, Line 23underwriters laboratories 2218 standard for impact resistance
Page 2, Line 24of prepared roof covering materials as a class four material
Page 2, Line 25and designed for hail resistance.
Page 2, Line 26(f) "Legal residence" means the residence of an individual
Page 2, Line 27that is the principal or primary home or place of abode of the
Page 2, Line 28individual and is the place in which the individual's habitation is
Page 2, Line 29fixed. A legal residence may include a house or condominium. A
Page 2, Line 30vacant lot or business address is not a legal residence.
Page 2, Line 31(g) "Natural disaster" means a hail, wildfire, or a
Page 2, Line 32catastrophic wind event.
Page 2, Line 33(h) "Property-specific mitigation action" means a
Page 2, Line 34science-based mitigation action as demonstrated by the
Page 2, Line 35"wildfire prepared home" designation from the insurance
Page 2, Line 36institute for business and home safety or by a similar mitigation
Page 2, Line 37program that includes a verification and certification process
Page 2, Line 38as designated by the administrator.
Page 2, Line 39(i) "Qualified catastrophe expense" means the amount paid
Page 2, Line 40or incurred by a qualified individual:
Page 2, Line 41(I) To prepare for the replacement or repair or to replace
Page 2, Line 42or repair the roof of the qualified taxpayer's legal residence in
Page 2, Line 43the state as a result of damage caused by a natural disaster,
Page 3, Line 1including the annual cost of a fortified endorsement to
Page 3, Line 2supplement an insurance policy;
Page 3, Line 3(II) For self-insured losses from a natural disaster for
Page 3, Line 4the qualified taxpayer's legal residence in the state;
Page 3, Line 5(III) To cover an insurance deductible under an insurance
Page 3, Line 6policy for the qualified taxpayer's legal residence in the state
Page 3, Line 7that covers roof replacement with impact-resistant roofing
Page 3, Line 8materials, property-specific mitigation action, or other natural
Page 3, Line 9disaster damage;
Page 3, Line 10(IV) For mitigation actions with respect to the qualified
Page 3, Line 11taxpayer's legal residence in the state that reduce the risk of
Page 3, Line 12natural disaster damage;
Page 3, Line 13(V) For evaluation services to qualify for a fortified
Page 3, Line 14designation with respect to the qualified taxpayer's legal
Page 3, Line 15residence in the state; or
Page 3, Line 16(VI) The cost of completing a property-specific mitigation
Page 3, Line 17action with respect to the qualified taxpayer's legal residence
Page 3, Line 18in the state.
Page 3, Line 19(j) "Qualified taxpayer" means a resident individual who
Page 3, Line 20is an insurance policyholder for a legal residence in the state.
Page 3, Line 21(2) A qualified taxpayer may establish a catastrophe
Page 3, Line 22savings account. A catastrophe savings account that is
Page 3, Line 23registered pursuant to subsection (5)(a) of this section is not
Page 3, Line 24subject to attachment or legal process in the state. A qualified
Page 3, Line 25taxpayer may not establish more than one catastrophe savings
Page 3, Line 26account; except that two qualified taxpayers who may legally
Page 3, Line 27file a joint return but who file separate returns and who live in
Page 3, Line 28separate legal residences in the state may each establish a
Page 3, Line 29catastrophe savings account with respect to their legal
Page 3, Line 30residence.
Page 3, Line 31(3) (a) For income tax years beginning on or after January
Page 3, Line 321, 2027, but prior to January 1, 2037, to the extent included in
Page 3, Line 33federal taxable income, a qualified taxpayer may subtract from
Page 3, Line 34the qualified taxpayer's federal taxable income:
Page 3, Line 35(I) The amount contributed to the qualified taxpayer's
Page 3, Line 36catastrophe savings account during the income tax year;
Page 3, Line 37(II) Interest income realized during the income tax year
Page 3, Line 38with respect to the amount held in the qualified taxpayer's
Page 3, Line 39catastrophe savings account; and
Page 3, Line 40(III) Any subtraction carried forward pursuant to
Page 3, Line 41subsection (3)(c) of this section.
Page 3, Line 42(b) (I) in the case of a qualified taxpayer who files a single
Page 3, Line 43return or two qualified taxpayers who file a joint return, the
Page 4, Line 1maximum amount that may be subtracted pursuant to subsection
Page 4, Line 2(3)(a)(I) of this section is fifty thousand dollars per income tax
Page 4, Line 3year;
Page 4, Line 4(II) (A) Except as provided in subsection (3)(b)(II)(B) of this
Page 4, Line 5section, in the case of two qualified taxpayers who may legally
Page 4, Line 6file a joint return but who file separate returns, the maximum
Page 4, Line 7amount that may be subtracted by each qualified taxpayer
Page 4, Line 8pursuant to subsection (3)(a)(I) of this section is twenty-five
Page 4, Line 9thousand dollars per tax year.
Page 4, Line 10(B) If the qualified taxpayers live in separate legal
Page 4, Line 11residences in the state with separate catastrophe savings
Page 4, Line 12accounts, the maximum amount that may be subtracted by each
Page 4, Line 13qualified taxpayer pursuant to subsection (3)(a)(I) of this
Page 4, Line 14section is fifty thousand dollars per tax year.
Page 4, Line 15(c) If the subtraction allowed by subsections (3)(a)(I) and
Page 4, Line 16(3)(a)(II) exceeds the qualified taxpayer's federal taxable
Page 4, Line 17income, the excess may be carried forward as a subtraction from
Page 4, Line 18subsequent year's federal taxable income for a period not
Page 4, Line 19exceeding five years and shall be applied first to the earliest
Page 4, Line 20income tax year possible.
Page 4, Line 21(4) The qualified taxpayer shall recapture a subtraction
Page 4, Line 22taken pursuant to subsection (3)(a) of this section and add to the
Page 4, Line 23qualified taxpayer's federal taxable income the amount of any
Page 4, Line 24distribution, refund, or other withdrawal from the qualified
Page 4, Line 25taxpayer's catastrophe savings account during the income tax
Page 4, Line 26year, except to the extent the distribution, refund, or
Page 4, Line 27withdrawal is used for a qualified catastrophe expense.
Page 4, Line 28(5) (a) The qualified taxpayer shall register the
Page 4, Line 29catastrophe savings account established pursuant to
Page 4, Line 30subsection (2) of this section with the administrator. When
Page 4, Line 31registering the account, the qualified taxpayer shall furnish
Page 4, Line 32the administrator with the qualified taxpayer's social security
Page 4, Line 33number or individual taxpayer identification number and any
Page 4, Line 34other information required by the administrator. The
Page 4, Line 35administrator shall confirm that the account is a catastrophe
Page 4, Line 36savings account. The qualified taxpayer shall notify the
Page 4, Line 37administrator within ninety days after the qualified taxpayer
Page 4, Line 38closes the catastrophe savings account.
Page 4, Line 39(b) On or before March 31, 2028, and each March 31
Page 4, Line 40thereafter until March 31, 2038, the administrator shall
Page 4, Line 41furnish the department with a secure electronic report of the
Page 4, Line 42name and social security number or individual taxpayer
Page 4, Line 43identification number of each qualified taxpayer with a
Page 5, Line 1registered catastrophe savings account.
Page 5, Line 2(c) (I) Every qualified taxpayer shall keep and maintain
Page 5, Line 3for a period of four years any books and records that may be
Page 5, Line 4necessary to determine:
Page 5, Line 5(A) That the taxpayer is a qualified taxpayer and the
Page 5, Line 6account is a catastrophe savings account;
Page 5, Line 7(B) The dates and amounts of contributions to the
Page 5, Line 8catastrophe savings account;
Page 5, Line 9(C) The amounts of interest realized with respect to the
Page 5, Line 10amount held in the catastrophe savings account and the dates
Page 5, Line 11when those amounts were realized; and
Page 5, Line 12(D) The dates and amounts of any distributions, refunds,
Page 5, Line 13or other withdrawals from the catastrophe savings account
Page 5, Line 14and whether the amount distributed, refunded, or withdrawn
Page 5, Line 15was used for a qualified catastrophe expense.
Page 5, Line 16(II) The administrator shall periodically examine a
Page 5, Line 17sample of catastrophe savings accounts to substantiate that
Page 5, Line 18the account is a catastrophe savings account, that the account
Page 5, Line 19holder is a qualified taxpayer, and that the qualified taxpayer
Page 5, Line 20is subtracting and recapturing the correct amounts pursuant to
Page 5, Line 21this section. Upon request of the administrator, an eligible
Page 5, Line 22taxpayer shall produce the books and records described in
Page 5, Line 23subsection (5)(c)(I) of this section for examination by the
Page 5, Line 24administrator.
Page 5, Line 25(III) For the purpose of conducting the examination
Page 5, Line 26described in subsection (5)(c)(II) of this section, the department
Page 5, Line 27shall furnish the administrator with the amounts subtracted
Page 5, Line 28and recaptured by each qualified taxpayer who is listed in the
Page 5, Line 29report furnished by the administrator pursuant to subsection
Page 5, Line 30(5)(b) of this section for each tax year.
Page 5, Line 31(IV) (A) If the administrator determines that a taxpayer
Page 5, Line 32is not a qualified taxpayer, or that the account is not a
Page 5, Line 33catastrophe savings account, the administrator shall notify
Page 5, Line 34the taxpayer in writing that they are not eligible for the
Page 5, Line 35subtraction allowed by this section, remove the ineligible
Page 5, Line 36taxpayer from the list described in subsection (5)(b) of this
Page 5, Line 37section, and promptly notify the department in writing of its
Page 5, Line 38determination.
Page 5, Line 39(B) If the administrator determines that a taxpayer was
Page 5, Line 40not eligible for all or part of a subtraction claimed pursuant to
Page 5, Line 41subsection (3) of this section, or that an amount subtracted was
Page 5, Line 42subject to recapture pursuant to subsection (4) of this section,
Page 5, Line 43the administrator shall notify the department in writing of its
Page 6, Line 1determination. The department shall issue the taxpayer a notice
Page 6, Line 2of deficiency for the unpaid tax owed, together with applicable
Page 6, Line 3penalties and interest, and proceed to collect the deficiency in
Page 6, Line 4the same manner as other tax deficiencies.
Page 6, Line 5(6) (a) A financial institution is not required to:
Page 6, Line 6(I) Designate an account as a catastrophe savings
Page 6, Line 7account in the financial institution's account contracts or
Page 6, Line 8systems or in any other way;
Page 6, Line 9(II) Track the use of money withdrawn from a catastrophe
Page 6, Line 10savings account; or
Page 6, Line 11(III) Report any information regarding a catastrophe
Page 6, Line 12saving account to the department of revenue or any other
Page 6, Line 13governmental agency that is not otherwise required by law.
Page 6, Line 14(b) A financial institution is not responsible or liable for:
Page 6, Line 15(I) Determining or ensuring that a taxpayer is eligible for
Page 6, Line 16a subtraction under section 39-22-104 (4)(ff);
Page 6, Line 17(II) Determining or ensuring that money in a catastrophe
Page 6, Line 18savings account is used for an eligible expense; or
Page 6, Line 19(III) Reporting or remitting taxes or penalties related to
Page 6, Line 20a taxpayer's use of money in a catastrophe savings account.
Page 6, Line 21(c) In implementing this section, the department shall not
Page 6, Line 22establish any administrative reporting requirement or other
Page 6, Line 23requirements of financial institutions that are outside the scope
Page 6, Line 24of normal account procedures.
Page 6, Line 25(7) In accordance with section 39-21-304 (1), which
Page 6, Line 26requires each bill that creates a new tax expenditure to include
Page 6, Line 27a tax preference performance statement as part of a statutory
Page 6, Line 28legislative declaration, the general assembly finds and
Page 6, Line 29declares that:
Page 6, Line 30(a) The purpose of the income tax subtraction created in
Page 6, Line 31this section is to provide tax relief for certain individuals,
Page 6, Line 32specifically taxpayers who invest in natural disaster
Page 6, Line 33mitigation; and
Page 6, Line 34(b) The general assembly and the state auditor shall
Page 6, Line 35measure the effectiveness of the subtraction in achieving the
Page 6, Line 36purpose specified in this subsection (7) based upon the aggregate
Page 6, Line 37amount of subtractions claimed pursuant to subsection (3) of
Page 6, Line 38this section net of the aggregate amount added back to a
Page 6, Line 39taxpayer's federal taxable income pursuant to subsection (4) of
Page 6, Line 40this section.
Page 6, Line 41(8) This section is repealed, effective December 31, 2047.
Page 6, Line 42SECTION 3. In Colorado Revised Statutes, 39-21-113, add (40)
Page 6, Line 43as follows:
Page 7, Line 139-21-113. Reports and returns - rule - repeal.
Page 7, Line 2(40) Notwithstanding the provisions of this section, the
Page 7, Line 3executive director shall provide to the administrator defined
Page 7, Line 4in section 39-22-572 (1)(a) the information required by section
Page 7, Line 539-22-572 (5)(c)(III). Any information provided pursuant to this
Page 7, Line 6subsection (40) must remain confidential, and all persons who
Page 7, Line 7receive this information are subject to the limitations specified
Page 7, Line 8in subsection (4) of this section and the penalties specified in
Page 7, Line 9subsection (6) of this section.
Page 7, Line 10SECTION 4. Safety clause. The general assembly finds,
Page 7, Line 11determines, and declares that this act is necessary for the immediate
Page 7, Line 12preservation of the public peace, health, or safety or for appropriations for
Page 7, Line 13the support and maintenance of the departments of the state and state
Page 7, Line 14institutions.".