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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2023-00502


CCR details

Tracking Number 2023-00502
Type of Filing Emergency
Department 1200 Department of Agriculture
Agency 1204 Markets Division
CCR Number 8 CCR 1204-9
CCR Title RULES PERTAINING TO THE SMALL FOOD BUSINESS RECOVERY AND RESILIENCY GRANT AS PART OF THE COMMUNITY FOOD ACCESS PROGRAM

Proposed rule

Rule
Additional Information
Statutory Authority 35-1-117(2)(b)(III)
Purpose/Objective of Rule The Colorado Commissioner of Agriculture finds that immediate adoption of these rules is imperatively necessary to comply with the statutory deadlines for distribution of funds as set forth in section 35-1-117(2)(b)(III), C.R.S., which requires compliance with the “American Rescue Plan Act of 2021, “Pub. L 117-2, and that compliance with the rulemaking requirements of § 24-4-103, C.R.S., would be contrary to the public’s interest. Specifically, the Commissioner finds that the Colorado General Assembly appropriated $7 million dollars to the Department of Agriculture to be used to provide grants to small-family farms and small-food retailers, which money must be spent or obligated by December 30, 2024. To ensure clarity of the program’s requirements to all applicants; to ensure a distribution of funds that reaches the broadest set of potential applicants; and to make the greatest strides toward improving access to and lowering prices for healthy foods in low-income and underserved areas of the state (section 35-1-117(1), C.R.S.), the Commissioner must adopt these rules immediately to comply with the provisions of state and federal law, to expedite the application process for interested applicants, and to ensure that the appropriated money is fully spent or obligated by December 30, 2024. The purpose of these rules is to establish general eligibility requirements for application for a grant; to establish the application process and procedures for grant applicants; and to establish processes and procedures to direct the review of applications and the award of funds. These rules will support the statutory directive to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small-food retailers and small-family farms in Colorado. These rules are promulgated pursuant to the Commissioner’s authorities as set forth at §§ 35-1-117(7), C.R.S., and § 24-4-103(6)(a), C.R.S.
Comments This is a new rule effective September 1, 2023.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB 22-1380
Contact Name Hollis Glenn
Contact Title Deputy Commissioner of Operations
Contact Telephone 303-503-2668
Contact email hollis.glenn@state.co.us

Adopted rule

Adopted Rules AdoptedRules02023-00502.docx
Emergency Justification EmergencyJustificationPathAttach2023-00502.docx
Adopting agency Commissioner of Agriculture
Adopted Date 08/09/2023
Emergency AGO requested date 08/10/2023
Attorney General Opinion 08/23/2023
Colorado Register publication date 09/10/2023
Effective Date 09/01/2023
Inserted into CCR 08/31/2023
  
  
  
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