Code of Colorado Regulations
1200 - Department of Agriculture
1207 - Agriculture Commissioner's Office
8 CCR 1207-4 - RULES PERTAINING TO FARM-TO-MARKET INFRASTRUCTURE GRANTS
Part 10 - Statement of Basis, Specific Statutory Authority and Purpose

Universal Citation: 1200 CO Code Regs 10

Current through Register Vol. 47, No. 17, September 10, 2024

10.1. Emergency Rule Adopted September 8, 2021 - Effective September 8, 2021

Statutory Authority

The Commissioner of Agriculture adopts these rules pursuant to § 35-1.2-103(7)(a) and (c), C.R.S., and § 24-4-103(6), C.R.S.

Purpose

1. To create the Farm-to-Market Infrastructure Grant Program providing funds to businesses, farmers, and ranchers for the development and expansion of agricultural processing.

2. To establish general eligibility requirements for the Program.

3. To establish application processes and procedures for the Program.

4. To establish processes and procedures for the review of applications and award of grant funds.

5. To establish processes and procedures for reimbursement of expenses to participating businesses, farmers, and ranchers.

Factual and Policy Issues

This temporary emergency rule is necessary to enable the Commissioner of Agriculture to fulfill the requirements of SB 21-248, which created a new "Colorado Agricultural Future Loan Program." SB 21-248 authorized the Commissioner to commence distributing between five and ten million dollars on or before January 1, 2022, in part, to fund farm-to-market grants. SB 21-248, codified at § 35-1.2-101, et seq., C.R.S., limits the period of time during which the Commissioner may issue such farm-to-market grants, which time period ends June 30, 2022. Further, before the Commissioner may receive an application for a grant or issue a grant, the Commissioner must adopt rules to govern the grant process.

Engaging in the normal rule-making process would not permit these rules to be effective until the start of the new year. Such a delay would result in the Commissioner's inability to begin receiving and processing grant applications until after the new year. Such a delay would impair the Commissioner's ability to issue sufficient grants to comply with the statutory minimums before the statutory deadline of June 30, 2022.

Immediate adoption is therefore imperatively necessary to comply with state law and to enable the Commissioner to fulfill the General Assembly's desire to fund such farm-to-market infrastructure grants.

In developing these Rules, the Department reviewed policies and program guidelines of previous grant programs administered by the Markets Division within the Department of Agriculture. The Department also conducted listening sessions with agricultural stakeholders relating to the New Agricultural Future Loan Program, which encompasses the Farm-to-Market Infrastructure Grant Program.

10.2. Adopted November 10, 2021 - Effective December 30, 2021

Statutory Authority

The Commissioner of Agriculture adopts these rules pursuant to § 35-1.2-103(7)(a) and (c), C.R.S.

Purpose

1. To create the Farm-to-Market Infrastructure Grant Program providing funds to businesses, farmers, and ranchers for the development and expansion of agricultural processing.

2. To establish general eligibility requirements for the Program.

3. To establish application processes and procedures for the Program.

4. To establish processes and procedures for the review of applications and award of grant funds.

5. To establish processes and procedures for reimbursement of expenses to participating businesses, farmers, and ranchers.

Factual and Policy Issues

This Commissioner adopts this Rule to fulfill the requirements of SB 21-248, which created a new "Colorado Agricultural Future Loan Program." SB 21-248 authorized the Commissioner to commence distributing between five and ten million dollars on or before January 1, 2022, in part, to fund farm-to-market grants, and required the Commissioner to establish the program, including specifying the application process, the payment process, and the criteria to be used.

In developing these Rules, the Department reviewed policies and program guidelines of previous grant programs administered by the Markets Division within the Department of Agriculture. The Department also conducted listening sessions with agricultural stakeholders relating to the Colorado Agricultural Future Loan Program, which encompasses the Farm-to-Market Infrastructure Grant Program, as well as sought stakeholder input on this Rule as adopted to help inform this rulemaking process.

Finally, the Department revised provisions adopted in the emergency rule to clarify the reimbursement process and to amend an internal conflict related to reimbursement dates and deadlines.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.