C.R.S. § 35-1-101 Short title
35-1-101. Short title. This article shall be known and may be cited as the "State Department of Agriculture Act of 1949".
Department of Agriculture
C.R.S. tit. 35, art. 1
in effectC.R.S. § 35-1-102 Definitions
35-1-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Agriculture" means the science and art of production of plants and animals useful to man, including, to a variable extent, the preparation of these products for man's use and their disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm production.
(1.5) Repealed.
(2) "Commission" means the state agricultural commission.
(3) "Commissioner" means the commissioner of agriculture.
(4) "Department" means the department of agriculture.
(5) "Division" means a primary subdivision of the department whose administrative head is directly responsible to the head of the department.
(6) "Livestock" means cattle, sheep, goats, swine, mules, poultry, horses, alternative livestock, as defined in section 35-41.5-102 (1), and such domesticated animals as fox, mink, marten, chinchilla, beaver, and rabbits, and all other animals raised or kept for profit.
(7) "Section" means a subdivision of a division whose administrative head is directly responsible to the head of the division.
C.R.S. § 35-1-103 Department of agriculture
35-1-103. Department of agriculture. There is hereby created a department of agriculture, referred to in this article as the "department". When any law of this state refers to the state department of agriculture, said law shall be construed as referring to the department of agriculture.
C.R.S. § 35-1-104 Functions, powers, and duties - rules
35-1-104. Functions, powers, and duties - rules. (1) The department has and shall exercise the following functions, powers, and duties:
(a) To inquire into the needs of agriculture of the state and make appropriate recommendations to the governor and the general assembly, except as to functions specifically assigned under state law to other state agencies;
(b) To perform all regulatory and inspection services relating to agriculture, except agricultural education and research and those regulatory functions relating primarily to the control of milk or milk products or assigned by law to other state agencies;
(c) To make investigations, conduct hearings, and make recommendations concerning all matters as related to the powers, duties, and functions as provided in this article;
(d) To cooperate with the United States department of agriculture in getting and disseminating production statistics, market and trade information concerning demand, supply, prevailing prices, and commercial movements of agricultural products and extent of products in storage, and cooperate with any other state or federal agency which in any manner may be helpful to agriculture;
(e) To annually fix such inspection and license fees and service charges within maximum limits provided by law as may be necessary to pay the cost of service performed and reasonable reserves for contingencies, including cost of depository, accounting, disbursement, auditing, and rental of quarters and facilities furnished by the state;
(f) To foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and marketing of agricultural products and, after investigation and public hearings thereon, acting in cooperation with the United States department of agriculture, to establish and promulgate standard grades and other standard classifications of and for agricultural products, except milk or milk products;
(g) To extend in every practicable way the distribution and sale of Colorado agricultural products throughout the markets of the world;
(h) To promote, in the interest of the producer, the distributor, and the consumer, the economical and efficient distribution of agricultural products of this state and to that end cooperate with the department of commerce of the United States and any other department or agency of the federal government;
(h.5) To promote, within existing appropriations, farmers' markets located within the state, including support or development of farmers' market organizations and working groups and the provision of education, outreach, and other assistance;
(i) To obtain and furnish information relating to the selection of shipping routes, adoption of shipping methods, or avoidance of delays in the transportation of agricultural products or helpful in the solution of other transportation problems connected with the distribution of agricultural products;
(j) To act as adviser to producers and distributors, when requested, and to assist them in the economical and efficient distribution of their agricultural product;
(k) To foster and encourage cooperation between producers and distributors in the interest of the general public;
(l) To act as a mediator or arbitrator in any controversy or issue that may arise between producers and distributors of any agricultural products concerning the grade or classification of such products;
(m) To determine for the protection of owners, buyers, creditors, or other interested parties the validity of warehouse receipts for any such products by verifying quantities, grade, and classification thereof;
a mediator or arbitrator in any controversy or issue that may arise between producers and distributors of any agricultural products concerning the grade or classification of such products;
(m) To determine for the protection of owners, buyers, creditors, or other interested parties the validity of warehouse receipts for any such products by verifying quantities, grade, and classification thereof;
(n) To enforce the state laws or regulations relating to fruit and vegetable inspection and grading; spray residue inspection and removal; the registration, inspection, and analysis of commercial feeding stuffs; the licensing of commission merchants, produce dealers, brokers, and agents handling agricultural products; the inspection and grading of poultry and eggs; the inspection of warehouses and frozen food locker plants; the inspection of commercial fertilizers; the control of plant and insect pests and diseases; the control and eradication of noxious and poisonous weeds; the inspection and sale of seeds; the control of contagious and infectious livestock diseases; and all other regulatory laws relating to agriculture;
(o) To inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any private or public place which may become infested or infected with harmful insects, plant diseases, noxious or poisonous weeds, or other agricultural pests; to establish and enforce quarantines; to issue and enforce orders and regulations for the control and eradication of said pests, wherever they may exist within the state; to perform such other duties relating to plants and plant products as may seem advisable and not contrary to law; and to inspect apiaries for diseases inimical to bees and beekeeping and enforce the laws relating thereto;
(p) to (t) Repealed.
(u) To license and inspect locker plants and enforce standards of construction and operation;
(v) To offer and award suitable premiums on livestock at the national western stock show;
(w) To take charge of the exhibition of Colorado agricultural products at international or national expositions;
(x) To cooperate with the United States department of agriculture or any other federal agency in control and eradication activities and programs involving predatory animals and rodent pests, plant diseases and insect pests, and noxious and poisonous weeds and to cooperate in the enforcement of the provisions of the federal seed act governing the movement of seeds in interstate commerce;
(y) To serve as the state agency to carry out the policies and purposes of the "Colorado Agricultural Conservation and Adjustment Act" and to promote and administer state plans for the same;
(z) Repealed.
(aa) On approval of the governor, to coordinate the management and operation of farms of state institutions and the exchange of agricultural products and equipment between state institutions;
(aa.1) To promulgate rules to specify the varieties of rapeseed, also known as canola, produced in the state and the geographical locations where each variety may be produced or stored, to establish districts and require registration of fields producing rapeseed with the appropriate district, and to enforce the provisions of this paragraph (aa.1) by requiring a producer to take appropriate action necessary to prevent cross-pollination, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.1);
to enforce the provisions of this paragraph (aa.1) by requiring a producer to take appropriate action necessary to prevent cross-pollination, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.1);
(aa.2) To promulgate rules specifying the class of strawberries allowed for production of nursery stock in the state and the geographical locations where each class may be produced, establishing districts and requiring registration of fields producing strawberries with the appropriate district, and enforcing the provisions of this paragraph (aa.2) by requiring a producer to take appropriate actions necessary to prevent the introduction of diseases and pests, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.2);
(aa.3) To identify agricultural management areas in the state and to develop best management practices pursuant to section 25-8-205.5 (3), C.R.S., and to assist the commissioner in the promulgation of any rules and regulations authorized pursuant to said section;
(bb) Such other and additional functions, powers, and duties as may be provided by law;
(cc) To solicit grants, donations, and gifts for the purpose of funding noxious weed management projects, as described in section 35-5.5-116. Such moneys shall be transferred to the state treasurer, who shall credit the same to the noxious weed management fund.
(dd) For each division, section, program, or established funding source of the department, to solicit, receive, and spend grants, donations, and gifts. Such moneys shall be transmitted to the state treasurer, who shall credit the same to the particular cash fund or established funding source deemed most appropriate by the department.
(ee) and (ff) Repealed.
(gg) To promote domestic animal welfare, including providing education and outreach, creating voluntary programs, and awarding grants. Prior to creating a voluntary program or awarding grants pursuant to this subsection (1)(gg), the department shall conduct a stakeholder process to receive input from those interested in the proposed program or grant and receive approval from the commission.
(2) Whenever any law provides for issuance or renewal by the department of any license, permit, certificate, registration, or other form of authorization and such law provides for specific dates for the issuance, renewal, or expiration of the same, notwithstanding the provisions of any such laws, and in order to promote efficiency and avoid duplication of effort, the department may, by rule and regulation, establish dates for such issuance, renewal, or expiration different from those established by law; but in no case shall the department change the duration or period of time during which any license, permit, certificate, registration, or other form of authorization may be valid or effective as established by law, unless otherwise provided.
(3) Whenever a specific law provides for the renewal by the department of any license previously issued and provides a license renewal fee to be paid by the applicant therefor, upon the issuance of any such renewal license after the applicable renewal date, the applicant shall pay in addition to the renewal fee a penalty in an amount equal to the said renewal fee, but not to exceed twenty-five dollars. The provisions of this subsection (3) shall not apply to articles 14 and 21 of this title 35, nor to any other specific law that provides for a penalty for the issuance of a license, permit, or registration after the applicable renewal date.
ewal date, the applicant shall pay in addition to the renewal fee a penalty in an amount equal to the said renewal fee, but not to exceed twenty-five dollars. The provisions of this subsection (3) shall not apply to articles 14 and 21 of this title 35, nor to any other specific law that provides for a penalty for the issuance of a license, permit, or registration after the applicable renewal date.
(4) To the extent its costs are repaid by gifts, grants, or donations received pursuant to section 35-1-107 (6), and only to that extent, the department may provide educational programs and materials regarding any activity regulated under articles 12, 13, 14, 21, 33, 36, and 60 of this title 35.
C.R.S. § 35-1-104.5 Agricultural workforce development program - legislative declaration - creation - rules - repeal
35-1-104.5. Agricultural workforce development program - legislative declaration - creation - rules - repeal. (1) The general assembly finds and declares that:
(a) Finding qualified and trained agricultural employees is a significant challenge for agricultural businesses. It is especially difficult to provide training and experience to young and beginning farmers and ranchers.
(b) The barriers to entry for young and beginning farmers and ranchers are significant. Among these barriers are access to training programs that provide real-world work experience.
(c) Internships are a recognized way to build a talent pipeline and career pathway to align education, training, and work-based learning; and
(d) By offering incentives to agricultural businesses to create internships, there will be more opportunities for students to obtain work experience in agriculture.
(2) The commissioner shall promulgate rules creating the agricultural workforce development program to provide incentives to agricultural businesses to hire interns through partial reimbursement of internship costs. The rules must specify, at a minimum:
(a) The criteria for selecting an agricultural business for participation in the program, including the ability of the business to effectively supervise an intern and the opportunity for an intern to get meaningful work experience;
(b) The criteria for an internship to qualify under the program, including the following:
(I) The internship must provide an intern at least one hundred thirty hours of work experience; and
(II) The internship cannot exceed one year in duration per intern;
(c) The criteria for an agricultural business to use in selecting qualified interns, including the required educational experience for an intern and the ability of the intern to perform meaningful work for the business;
(d) The process and timetable for selecting qualified businesses and qualified interns;
(e) The accounting requirements for tracking internship costs; and
(f) The process for a business to seek reimbursement.
(3) Subject to appropriation, the department may reimburse a qualified business an amount not to exceed fifty percent of the actual cost to the business to employ the intern. Actual cost includes the wages paid to the intern, a reasonable allocation of fixed overhead expenses, and all incidental costs directly related to the internship. Based on the annual appropriation for the program, the commissioner shall determine how many internships may be approved, the amount of reimbursement per internship, and whether a business may be reimbursed for more than one intern in the same fiscal year. However, no business may be reimbursed for more than three internships in the same fiscal year.
(4) This section is repealed, effective July 1, 2029.
C.R.S. § 35-1-104.7 Colorado agricultural workforce services program - online resource portal - definitions
35-1-104.7. Colorado agricultural workforce services program - online resource portal - definitions. (1) The Colorado agricultural workforce services program is created in the department. The program includes the online resource portal described in subsection (3) of this section.
(2) The department shall administer the program in accordance with this section.
(3) (a) As part of the program, the department may establish on its official website a publicly available page that includes a portal to resources for use by agricultural employees and agricultural employers. The department shall ensure that the resources of the portal are available in both English and Spanish.
(b) For the purposes of the online portal described in this subsection (3), the department may curate video modules and other resources to help agricultural employers comply with labor laws, including the sections specified in subsection (3)(d)(II) of this section, and help agricultural employees understand the rights they are afforded, including links to relevant state agencies and nongovernmental organizations.
(c) The department may include in the online portal information and resources concerning:
(I) Agricultural employee safety and working conditions;
(II) Agricultural employee labor rights;
(III) Mental health;
(IV) Agricultural employers' labor requirements; and
(V) Other resources for agricultural employees or agricultural employers.
(d) The department shall include in the online portal information regarding:
(I) A wage and hour calculator; and
(II) The requirements of sections 8-6-101.5, 8-6-120, 8-13.5-202, 8-13.5-203, and 8-14.4-109.
(e) In establishing and maintaining the online portal described in this subsection (3), the department may consult with the Colorado cooperative extension service described in part 7 of article 31 of title 23.
(4) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate one hundred thousand dollars from the general fund to the department to implement the online resource portal described in subsection (3) of this section. Any unused money does not revert to the general fund but is continuously appropriated to the department.
(b) The department is authorized to seek, solicit, accept, and expend gifts, grants, and donations for the purposes of this section.
(5) As used in this section, unless the context otherwise requires:
(a) "Agricultural employee" has the meaning set forth in section 8-2-206 (1)(b).
(b) "Agricultural employer" has the meaning set forth in section 8-3-104 (1).
(c) "Program" means the Colorado agricultural workforce services program created in subsection (1) of this section.
C.R.S. § 35-1-105 State agricultural commission - creation - composition - public engagement - reports
35-1-105. State agricultural commission - creation - composition - public engagement - reports. (1) There is created the state agricultural commission, referred to in this article 1 as the "commission", which consists of nine members appointed by the governor, with the consent of the senate, for terms of four years. Of such members, one member must be appointed from each of the four agricultural districts, as defined in subsection (3) of this section, and five members must be appointed from the state at large; except that no more than three members may be appointed from any one agricultural district. No more than five of the nine members may be affiliated with the same political party. The commission is a type 1 entity, as defined in section 24-1-105.
(2) The members of the commission shall be appointed from persons who are currently or were previously actively engaged in the business of agriculture and allied activities, but a majority of the commission shall be appointed from persons actively engaged in the business of agriculture in such a manner that representation of no agricultural commodity organization constitutes a majority of the commission. A vacancy on the commission shall be filled by the governor by the appointment of a qualified person.
(3) For the purposes of representation on the state agricultural commission, this state is divided into four agricultural districts as follows:
(a) The city and county of Denver and the counties of Adams, Arapahoe, Douglas, and Jefferson constitute the first district.
(b) The counties of Boulder, Cheyenne, Clear Creek, Elbert, Gilpin, Kit Carson, Larimer, Lincoln, Logan, Morgan, Phillips, Sedgwick, Washington, Weld, and Yuma constitute the second district.
(c) The counties of Alamosa, Baca, Bent, Conejos, Costilla, Crowley, Custer, El Paso, Fremont, Huerfano, Kiowa, Las Animas, Mineral, Otero, Prowers, Pueblo, Rio Grande, Saguache, and Teller constitute the third district.
(d) The counties of Archuleta, Chaffee, Delta, Dolores, Eagle, Garfield, Grand, Gunnison, Hinsdale, Jackson, Lake, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Park, Pitkin, Rio Blanco, Routt, San Juan, San Miguel, and Summit constitute the fourth district.
(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2025.] (a) Each year that a member serves on the commission, the member shall participate in at least two public meetings in the member's district; except that each of the five members appointed from the state at large shall participate in at least one meeting per year west of the continental divide and at least one meeting per year east of the continental divide, unless the meeting is virtual.
(b) Members are entitled to be reimbursed for reasonable costs incurred in participating in public meetings pursuant to subsection (3.5)(a) of this section.
(c) The commissioner shall:
(I) Track and report to the chair of the commission the status of each voting member's public meetings at least once per year at a time determined by the chair; and
(II) Include the data tracked under subsection (3.5)(c)(I) of this section in the department's annual "SMART Act" presentation to the general assembly pursuant to section 2-7-203.
3.5)(a) of this section.
(c) The commissioner shall:
(I) Track and report to the chair of the commission the status of each voting member's public meetings at least once per year at a time determined by the chair; and
(II) Include the data tracked under subsection (3.5)(c)(I) of this section in the department's annual "SMART Act" presentation to the general assembly pursuant to section 2-7-203.
(d) The governor may determine that a commission member's failure to participate in public meetings pursuant to this subsection (3.5) qualifies as cause for removal from the commission.
(4) The commission shall elect from its members a chair, vice-chair, and such other commission officers as it shall determine. The commissioner of agriculture, in the discretion of the commission, may serve as secretary of the commission but shall not be eligible to appointment as a member. All commission officers hold their offices at the pleasure of the commission. Regular meetings of the commission shall be held not less than once every three months at such times as may be fixed by resolution of the commission. Special meetings may be called by the chair, by the commissioner, or by a majority of members of the commission at any time on at least three days' prior notice by mail or, in cases of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business. A majority shall constitute a quorum of the commission. Members serve without compensation but are entitled to be reimbursed for their actual and necessary traveling and subsistence expenses when absent from their places of residence in attendance at meetings.
C.R.S. § 35-1-106 Powers and duties of commission
35-1-106. Powers and duties of commission. (1) In addition to all other powers and duties conferred upon the commission by this article 1, the commission has the following specific powers and duties:
(a) To formulate the general policy with respect to the management of the department of agriculture and the general policy with respect to the enforcement of regulatory and service laws, rules, and regulations pertaining to agriculture;
(b) To make or cause to be made, within the limits of appropriations, such studies as it deems necessary to guide the commissioner concerning the agricultural policy of this state;
(c) To advise and make recommendations to the governor and the general assembly on matters pertaining to agriculture within this state;
(d) To require the preparation and transmittal by the commissioner of an annual departmental report and to establish publication policies for the department in accordance with the provisions of section 24-1-136, C.R.S.;
(e) To furnish the commissioner with advice on any agricultural or livestock problem with which he may be confronted;
(f) To promulgate and adopt all department of agriculture budgets for submission to the controller of this state in accordance with law and to approve and pass upon all annual budgets for expenditures of money from the various funds of the department and to review such budgets at each meeting of the commission;
(g) To approve prior to their release all rules and regulations issued by the commissioner and considered necessary and proper to carry out the provisions of this article;
(h) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties of the commission. Upon the failure or refusal of any witness to obey any subpoena, the commission may petition the district court, and, upon proper showing, the court may order a witness to appear and testify or produce documentary evidence. Failure to obey the order of the court shall be punishable as contempt of court.
(i) To establish and appoint, as it may deem necessary or advisable, such advisory committees from the groups affected to advise and confer with the commission or the commissioner concerning aspects of agricultural or livestock products, marketing, disease, or any other pertinent matter;
(j) If not already required by law, to require and fix the bonds of such employees of the department as may be deemed necessary;
(k) To avoid duplication of effort within the department and to clarify responsibilities under this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article 24 of title 30; to enter into cooperative agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission that is authorized by law to perform like or similar duties to those delegated by law to this commission, wherein it shall be prescribed whether this commission, the state board of health, the board of governors of the Colorado state university system, or such other state board or commission shall perform and be responsible for the performance of the duties mentioned in the agreements, so that there is no duplication of effort as between this commission and the state board of health, the board of governors of the Colorado state university system, or any other state board or commission; and to enter into agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission relative to the cooperative use by this commission of any laboratories, equipment, or facilities owned or used by this commission or any other state board or commission;
o state university system, or any other state board or commission; and to enter into agreements with the state board of health, the board of governors of the Colorado state university system, or any other state board or commission relative to the cooperative use by this commission of any laboratories, equipment, or facilities owned or used by this commission or any other state board or commission;
(l) To employ any person, partnership, or corporation for services in carrying out the provisions of this title 35 (except part 2 of article 7 and articles 14, 42, 51, 65, 70, and 72) and article 24 of title 30, and not inconsistent with section 13 of article XII of the state constitution or to provide information, statistics, or data deemed beneficial by the commission to livestock and agriculture in the state of Colorado;
(m) The commission shall act only by resolution adopted at a duly called meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department;
(n) To comply with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans, as if the commission were the executive director of the department;
(o) To promulgate rules requiring the owners of alternative livestock, as defined in section 35-41.5-102 (1), to obtain certification showing that the alternative livestock herd meets the requirements of a tuberculosis surveillance plan approved by the state veterinarian and meets regulations pertaining to the control of infectious diseases and parasites as determined by the department. This paragraph (o) shall not apply if the owner of the alternative livestock is a zoological park that is accredited by the American zoo and aquarium association; except that any intrastate transfer of alternative livestock by a zoological park that is accredited by the American zoo and aquarium association to any person or entity that is not accredited by the American zoo and aquarium association is subject to the rules of the commission adopted under this paragraph (o).
(p) (I) In consultation with interested industry groups, to fix, assess, and collect fees in amounts sufficient to recover the department's direct and indirect costs incurred in carrying out and enforcing the provisions of articles 12, 13, 14, 33, 36, and 60 of this title 35, part 1 of article 21 of this title 35, and part 2 of article 43 of this title 35.
(II) Fees established pursuant to this paragraph (p) that exceed the amount of any corresponding fees that were in effect as of April 1, 2003, and any new or additional fees established after April 1, 2003, shall be reported, on or before December 1 of each year, to the agriculture, natural resources and energy committee of the senate and the agriculture, livestock, and natural resources committee of the house of representatives.
(III) (Deleted by amendment, L. 2007, p. 1902, § 1, effective July 1, 2007.)
(2) The parks and wildlife commission shall review the rules concerning alternative livestock proposed by the commission pursuant to paragraph (o) of subsection (1) of this section and shall make recommendations to the commission concerning such rules. The commission shall not adopt or implement rules concerning alternative livestock that impact native big game wildlife without the prior approval of the parks and wildlife commission. In addition, the parks and wildlife commission may propose rules to the commission designed to protect native big game wildlife.
C.R.S. § 35-1-106.3 Plant health, pest control, and environmental protection cash fund - creation
35-1-106.3. Plant health, pest control, and environmental protection cash fund - creation. (1) There is hereby created in the state treasury the plant health, pest control, and environmental protection cash fund.
(2) All revenues collected in pursuit of the department's efforts in relation to plant health, pest control, and environmental protection shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund. The commission may establish a fee schedule to cover the direct and indirect costs of the collection and distribution of beneficial insects.
(3) The plant health, pest control, and environmental protection cash fund consists of any fees, fines, or penalties collected pursuant to articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35; any fees, fines, or penalties collected pursuant to article 8 of title 25; any fees collected under article 12 of this title 35 for the purpose of funding state waters protection activities; and all revenues collected in pursuit of the department's efforts to conduct biological pest control. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of implementing, administering, and enforcing articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35 and of article 8 of title 25; except that any appropriation for the indirect costs of issuing chemigation permits pursuant to section 35-11-106 must not exceed the amount specified in section 35-11-106 (3)(b). Any money from the fund that is allocated for biological pest control must supplement any general fund money appropriated for that purpose.
(4) All interest derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund shall be credited to the fund. At the end of each fiscal year, all unexpended and unencumbered money in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund; except that the state treasurer shall transfer any unexpended and unencumbered money that is requested by the commissioner to be transferred from the plant health, pest control, and environmental protection cash fund to the emergency invasive-pest response fund created in section 35-1-106.4.
(5) In accordance with section 24-75-402 (3)(c), C.R.S., the alternative maximum reserve for the plant health, pest control, and environmental protection cash fund is fifty percent of the amount expended from the fund during each fiscal year.
C.R.S. § 35-1-106.4 Emergency invasive-pest response fund
35-1-106.4. Emergency invasive-pest response fund. (1) The emergency invasive-pest response fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of:
(a) Money transferred to the fund in accordance with section 35-1-106.3 (4);
(b) Money from remuneration authorized in section 35-4-118;
(c) Gifts, grants, and donations received under subsection (4) of this section; and
(d) Any other money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(3) Subject to annual appropriation by the general assembly, the commissioner may expend money from the fund to:
(a) Implement sections 35-4-118 and 35-4-119; and
(b) Implement emergency measures to control or eradicate invasive pests.
(4) The commissioner may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(5) The department shall report annually the amount and source of money received under this section in the prior fiscal year at the hearing required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.
C.R.S. § 35-1-106.5 Inspection and consumer services cash fund - creation
35-1-106.5. Inspection and consumer services cash fund - creation. (1) All fees, fines, and penalties collected under articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35, other than civil penalties collected under section 35-21-107.5, shall be transmitted to the state treasurer, who shall credit the same to the inspection and consumer services cash fund, which fund is hereby created in the state treasury. All interest derived from the deposit and investment of money in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund or used for any purpose other than to offset the costs of implementing, administering, and enforcing the provisions of articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35. Money in the fund is subject to annual appropriation to the department for such purposes.
(2) In accordance with section 24-75-402 (3)(c), C.R.S., the alternative maximum reserve for the inspection and consumer services cash fund is fifty percent of the amount expended from the fund during the fiscal year.
(3) (Deleted by amendment, L. 2007, p. 1902, § 2, effective July 1, 2007.)
C.R.S. § 35-1-106.7 Conservation district grant fund
35-1-106.7. Conservation district grant fund. (1) There is hereby created in the state treasury the conservation district grant fund. The fund consists of money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(III). Money in the fund is specifically and continuously appropriated to the department. The department shall grant money in the fund to conservation districts for the purpose of implementing and maintaining soil and water conservation efforts. All money credited to the fund and all interest earned on the investment of money in the fund is part of the fund and shall not be transferred or credited to the general fund or to any other fund.
(2) Notwithstanding any other provision of law, by September 1, 2022, and each September 1 thereafter, the department shall distribute two thousand dollars from the conservation district grant fund created in subsection (1) of this section to each conservation district formed pursuant to article 70 of this title 35.
(3) Three days after August 10, 2022, and each July 1 thereafter, the state treasurer shall transfer the sum of one hundred forty-eight thousand dollars from the general fund to the conservation district grant fund created in subsection (1) of this section.
C.R.S. § 35-1-106.8 Biological pest control cash fund - transfer of moneys to plant health, pest control, and environmental protection cash fund
35-1-106.8. Biological pest control cash fund - transfer of moneys to plant health, pest control, and environmental protection cash fund. (1) All revenues collected in pursuit of the department's efforts to conduct its program of biological pest control shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the biological pest control cash fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.
(2) (Deleted by amendment, L. 2009, (HB 09-1249), ch. 87, p. 315, § 2, effective July 1, 2009.)
C.R.S. § 35-1-106.9 Agriculture management fund - creation
35-1-106.9. Agriculture management fund - creation. There is hereby created in the state treasury the agriculture management fund. The fund shall consist of money transferred pursuant to section 38-13-801.5 (3), any money realized from the sale of the inspection and consumer services division facility and other real property associated with that facility that are all located in the Highlands neighborhood of Denver, Colorado, and any money realized from the sale of the warehouse and storage facility located at 5000 Packing House Road, Denver, Colorado. The department shall use such money to fund agricultural efforts approved by the commissioner, including, but not limited to, funding additional department employees necessary to implement and manage approved programs. Money may be used for direct assistance or grant assistance for conservation districts created pursuant to article 70 of this title 35. Money in the fund may be used for expenses related to the department's office consolidation as authorized by House Bill 13-1234, enacted in 2013, and as authorized by House Bill 16-1460, enacted in 2016. Money in the fund is subject to annual appropriation to the department. Any money not expended or encumbered from any appropriation at the end of any fiscal year shall remain available for expenditure in the next fiscal year without further appropriation. All interest derived from the deposit and investment of money in the fund shall be credited to the fund and shall not be transferred or credited to the general fund or any other fund.
C.R.S. § 35-1-107 Commissioner of agriculture - report - publications - deputy commissioner - rules
35-1-107. Commissioner of agriculture - report - publications - deputy commissioner - rules. (1) The commissioner of agriculture shall be the chief administrative officer of the department of agriculture and shall have direct control and management of its functions, subject only to the powers and duties of the commission as prescribed in this article. The commissioner shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The commissioner shall be allowed traveling and subsistence expenses actually and necessarily incurred in the performance of official duties. The commissioner shall maintain an office at the state capitol buildings group and shall be custodian of all property and records of the department.
(2) The commissioner shall require of the head of each agency assigned to the department an annual report containing such information and submitted at such time as the commissioner shall decide.
(3) The commissioner shall exercise control over publications of the department and subordinate units thereof and shall cause such publications as are approved for circulation in quantity outside the executive branch to be issued in accordance with the provisions of section 24-1-136, C.R.S.
(4) The commissioner may appoint the deputy commissioner of agriculture, pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the commissioner, the deputy commissioner shall have all the powers, duties, and responsibilities of the commissioner, as provided by law, and shall exercise such powers, duties, and responsibilities in the absence of the commissioner and when so instructed by the commissioner.
(5) The commissioner is authorized to adopt all reasonable rules for the implementation of articles 12, 13, 14, 21, 33, 36, and 60 of this title 35 and part 2 of article 43 of this title 35. Such rules may include, but are not limited to:
(a) The establishment of classifications and subclassifications for any license authorized under said articles; and
(b) The establishment of any penalty fees that may be assessed for violations of said articles or of rules adopted under said articles or under this section.
(6) The commissioner is authorized to accept gifts, grants, and donations of any kind from any private or public source and, upon receipt, shall transmit all such gifts, grants, or donations to the state treasurer, who shall credit the same to the inspection and consumer services cash fund created in section 35-1-106.5.
(7) The commissioner is authorized to enter into cooperative agreements with any agency or political subdivision of this state or any other state, or with any agency of the United States government, for the purpose of carrying out the provisions of this article, receiving gifts, grants, or donations, securing uniformity of rules, and entering into reciprocal licensing agreements.
(8) Repealed.
C.R.S. § 35-1-107.5 Relief program for agricultural events organizations - created - definitions - report - repeal
35-1-107.5. Relief program for agricultural events organizations - created - definitions - report - repeal. (Repealed)
C.R.S. § 35-1-107.7 Support for national western stock show - administration by commissioner - report - repeal
35-1-107.7. Support for national western stock show - administration by commissioner - report - repeal. (Repealed)
C.R.S. § 35-1-108 Divisions created
35-1-108. Divisions created. There is created in the department an administrative services division, a division of plant industry, a division of animal health, a division of animal welfare, a division of markets, and a division of inspection and consumer services. These divisions are type 2 entities, as defined in section 24-1-105.
C.R.S. § 35-1-109 Employees interchangeable
35-1-109. Employees interchangeable. It is the duty of the commissioner of agriculture in the administration of his department to so organize the same that all employees of the department, so far as possible, shall be interchangeable in work assignment to the end that they may be shifted within the department so as to meet seasonal and emergency demands upon any division or section of the department and the number of such help kept to a minimum possible for efficient operation.
C.R.S. § 35-1-110 Legal adviser - legal actions
35-1-110. Legal adviser - legal actions. The attorney general shall be the legal adviser for the department of agriculture and shall defend it in all actions and proceedings brought against it. The district attorney of the judicial district in which a cause of action may arise shall bring any action, civil or criminal, requested by the commissioner to abate a condition which exists in violation of, or to restrain or enjoin any action which is in violation of, or to prosecute for the violation of or for the enforcement of, the agricultural laws or the standards, orders, rules, and regulations of the department established by or issued under the provisions of this article. If the district attorney fails to act, the commissioner may bring any such action and shall be represented by the attorney general or, with the approval of the commission, by special counsel.
C.R.S. § 35-1-111 Records of receipts and expenditures - appropriations
35-1-111. Records of receipts and expenditures - appropriations. (1) The department shall maintain records, in the manner prescribed by the controller, on all receipts and expenditures made with respect to each service for which moneys are credited to the general fund under the provisions of articles 1 to 13, 26, and 27 of this title and article 24 of title 30, C.R.S.
(2) The general assembly shall appropriate moneys from the general fund for the administration of the services rendered by the department for which moneys are credited to the general fund under the provisions of articles 1 to 13, 26, and 27 of this title and article 24 of title 30, C.R.S.
C.R.S. § 35-1-112 Licensing functions subject to periodic review
35-1-112. Licensing functions subject to periodic review. (Repealed)
C.R.S. § 35-1-113 Applications for licenses - authority to suspend licenses - rules
35-1-113. Applications for licenses - authority to suspend licenses - rules. (1) Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number.
(2) The department or any authorized agent of the department shall deny, suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.
(b) The appropriate rule-making body of the department is authorized to promulgate rules to implement the provisions of this section.
(4) For purposes of this section, "license" means any recognition, authority, or permission that the department or any authorized agent of the department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. "License" may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
C.R.S. § 35-1-114 Agricultural drought and climate resilience office - creation - grants for agrivoltaic demonstration and research projects - rules - definitions
35-1-114. Agricultural drought and climate resilience office - creation - grants for agrivoltaic demonstration and research projects - rules - definitions. (1) Legislative declaration. The general assembly hereby:
(a) Finds that:
(I) Severe droughts, as well as unaddressed water demands associated with urban growth, will add pressure to Colorado's already strained water supply in all of Colorado's watersheds;
(II) More frequent and severe droughts will add pressure to Colorado's already strained water supply; and
(III) A strong, prosperous, diverse, and resilient agricultural sector is fundamental to the fabric of Colorado;
(b) Determines that:
(I) Colorado's agricultural producers are stewards of our lands, waters, and ecosystems, but they cannot shoulder the burden of water scarcity without addressing water-saving measures being implemented and sustained in urban areas; and
(II) Colorado's agricultural sector is a leader in implementing practices that build resiliency, conserve our water supplies, provide an economic base for rural communities, and enhance our environment; and
(c) Declares that:
(I) Creating the agricultural drought and climate resilience office will support and elevate producers in their resiliency efforts through nonregulatory, voluntary, and incentive-based programs without negatively impacting the overall rural economic viability of agricultural operations and rural communities; and
(II) The agricultural drought and climate resilience office can best address and mitigate agricultural climate-related issues on a wide scale by providing support to and assisting agricultural producers in implementing practices that minimize the impacts of climate change.
(2) Office created. (a) (I) There is created in the department the agricultural drought and climate resilience office. The office may provide voluntary technical assistance, nonregulatory programs, and incentives, including grants, that increase the ability to anticipate, prepare for, mitigate, adapt to, and respond to hazardous events, trends, or disturbances related to drought or the climate.
(II) In awarding grants in accordance with the commissioner's rules adopted pursuant to subsection (3) of this section, the office shall give strong consideration to grant applications that propose using grant money to conduct a new or ongoing demonstration or research project as a means to study the potential, benefits, and tradeoffs of agrivoltaics in the state. Any agrivoltaic study awarded a grant pursuant to this subsection (2)(a)(II) must include findings on the additional costs, including the additional capital and ongoing maintenance costs, for the use of agrivoltaics as compared to traditional photovoltaics. The additional costs must be quantified on both a dollar-per-megawatt and a dollar-per-megawatt-hour basis.
(b) The office shall advise the commissioner, the Colorado agricultural value-added development board created in section 35-75-203, other state agencies, and the governor on the impact to agriculture of drought and climate policies and programs.
ics as compared to traditional photovoltaics. The additional costs must be quantified on both a dollar-per-megawatt and a dollar-per-megawatt-hour basis.
(b) The office shall advise the commissioner, the Colorado agricultural value-added development board created in section 35-75-203, other state agencies, and the governor on the impact to agriculture of drought and climate policies and programs.
(c) The commissioner shall appoint the head of the office.
(3) (a) Rules. The commissioner may promulgate rules necessary for the administration of the office's assistance, programs, and incentives, including grants, consistent with this subsection (3). Before promulgating the rules, the commissioner shall convene a stakeholder group, including representatives of organizations whose membership consists of agricultural producers engaged in the production of the top ten agricultural commodities produced in Colorado, members of the state conservation board created in section 35-70-103 (1)(a), and representatives of the solar energy development industry. The stakeholder group shall advise the commissioner as to the needs of the agriculture industry to respond to and mitigate the impacts of climate change on agricultural production and solutions from the solar energy development industry on providing feasible solutions for producing electricity on agricultural lands while contributing ecological and agricultural benefits.
(b) Assistance, programs, and incentives. (I) Except for a program, assistance, incentive, or support administered by the office to address immediate needs as a result of disaster, including wildfire and drought, or that was in existence on January 1, 2021, a program, assistance, incentive, or support administered by the office must include new or ongoing demonstration or research projects to demonstrate or study the use of agrivoltaics to:
(A) Help prepare for and mitigate the impacts that climate change or drought have on agriculture;
(B) Reduce energy costs in agriculture;
(C) Improve the economic resilience of agricultural producers;
(D) Minimize negative environmental impacts of photovoltaic energy production facilities on soil health, native vegetation, state and federally listed species, wildlife migration corridors, and the species, habitats, and ecosystems that are of the greatest conservation need; and
(E) Provide other statewide environmental benefits, as identified by the office.
(II) Grants awarded by the office must pay for implementation of practices to address and mitigate the impacts of climate change or drought on agriculture or to provide direct adaptation support for impacted agricultural communities, including mental health resources, conflict resolution assistance, and risk-management guidance. A grant award may pay no more than five percent of administrative expenses incurred by an agricultural producer to implement the practices.
(III) The department shall, at least thirty days before opening the grant application process, make available, on its website, information related to the grant program to agricultural producers.
(IV) A grant authorized pursuant to this section must receive final approval by the commission before a final award can be issued.
(V) The department shall post on its website all applications for grant awards. Within fifteen days after awarding a grant, the department shall post on its website the name of the individual or entity receiving a grant, the amount of the grant awarded, the project or projects to be funded by the grant, and the duration of the grant award.
(4) Definitions. As used in this section, unless the context otherwise requires:
l post on its website all applications for grant awards. Within fifteen days after awarding a grant, the department shall post on its website the name of the individual or entity receiving a grant, the amount of the grant awarded, the project or projects to be funded by the grant, and the duration of the grant award.
(4) Definitions. As used in this section, unless the context otherwise requires:
(a) "Agrivoltaics" means one or more solar energy generation facilities directly integrated with agricultural activities, including crop production, grazing, animal husbandry, apiaries, cover cropping to improve soil health or insect habitat benefits or carbon sequestration, or production of agricultural commodities for sale in the retail or wholesale market.
(b) "Office" means the agricultural drought and climate resilience office created in subsection (2) of this section.
C.R.S. § 35-1-115 Agriculture and drought resilience - cash fund - legislative declaration - repeal
35-1-115. Agriculture and drought resilience - cash fund - legislative declaration - repeal. (Repealed)
C.R.S. § 35-1-116 Blockchain educational program - repeal
35-1-116. Blockchain educational program - repeal. (1) On or before January 1, 2024, the commissioner shall create and deploy an online program that teaches:
(a) The benefits of implementing blockchain technology in agricultural production, distribution, and sales;
(b) The different blockchain programs that exist for agricultural producers; and
(c) The requirements to begin using a blockchain program in accordance with best practices for agricultural producers.
(2) The commissioner shall consult and cooperate with stakeholders to develop the online program using best practices. To implement this section, the commissioner may consult or contract with the Colorado state university system.
(3) The commissioner shall publicize the educational program and encourage agricultural producers to participate in the program.
(4) This section is repealed, effective July 1, 2030.
C.R.S. § 35-1-117 Community food access program - creation - purpose - duties and responsibilities - grant program - advisory committee - funding - reporting - rules - definitions - repeal
35-1-117. Community food access program - creation - purpose - duties and responsibilities - grant program - advisory committee - funding - reporting - rules - definitions - repeal. (1) There is created in the department a community food access program. The purpose of the program is to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers.
(2) (a) As part of the program, the department shall create a community food consortium for small food retailers and Colorado-owned and Colorado-operated farms that has the following duties and responsibilities:
(I) Providing technical assistance in purchasing and negotiations;
(II) Providing subsidies for pallet, pallet break, distribution, and delivery fees;
(III) Assisting with connecting small food producers to small food retailers, which ultimately supports the farm, retailer, and consumer;
(IV) Operating as a food value chain coordinator to connect small food retailers to Colorado-owned and Colorado-operated farms and small- and large-scale distributors; and
(V) Providing technical support to small food retailers who choose to participate in the consortium with negotiating pallet, pallet break, pricing, distribution, and delivery fees for better prices on wholesale products.
(b) (I) For the 2022-23 state fiscal year, the general assembly shall appropriate one million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.
(II) The department is authorized to use up to seven percent of the total money appropriated to the program for the direct and indirect costs of administering the program.
(III) The use of money appropriated pursuant to this subsection (2)(b) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(IV) The state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(V) Repealed.
(3) (a) As part of the program, the department shall create and manage the small food business recovery and resilience grant program. The department shall award grants, not to exceed fifty thousand dollars, out of the grant program, to participating small food retailers and small family farms. The department may award the owner of a small food retailer or small family farm one such grant each calendar year for every small food retailer or small family farm owned by the owner. The department shall award these grants for:
(I) Assisting with the necessary costs of operating;
(II) Purchasing costly equipment, including but not limited to cold storage, display shelving, and calibrated and certified produce scales;
(III) Providing accounting and book management support; and
(IV) Purchasing or updating point of sales systems or equipment to allow participating small food retailers to accept payment from any food incentive program.
with the necessary costs of operating;
(II) Purchasing costly equipment, including but not limited to cold storage, display shelving, and calibrated and certified produce scales;
(III) Providing accounting and book management support; and
(IV) Purchasing or updating point of sales systems or equipment to allow participating small food retailers to accept payment from any food incentive program.
(b) (I) The department shall create an advisory committee consisting of no more than seven members to assist with the grant program. The advisory committee may include but need not be limited to members that reflect community and nonprofit organizations that have experience relevant to subsection (4)(a) of this section, small food retailers, and small family farms that are not applying for grant funding, an individual who has participated in a supplemental food assistance benefit program, and department staff with experience in grant-making. The commissioner shall select the members of the advisory committee.
(II) The advisory committee's role is to make recommendations on and assist with:
(A) The development of the grant application;
(B) A disbursement timeline for the grants;
(C) A rubric to evaluate grant applications;
(D) The evaluation of grant applications; and
(E) Awarding grant money to eligible recipients.
(III) The department and advisory committee shall award at least thirty percent of the grants to applicants located in rural areas.
(c) (I) For the 2022-23 state fiscal year, the general assembly shall appropriate seven million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.
(II) The department is authorized to use up to ten percent of the total money appropriated to the program for the direct and indirect costs of administering the program.
(III) Money spent pursuant to this subsection (3)(c) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(IV) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(V) This subsection (3) is repealed, effective September 1, 2027.
(4) The department shall develop a strategy for outreach to Colorado-owned and Colorado-operated farms and food retailers and small farms that are interested in participating in the consortium or applying for a grant through the grant program. The outreach strategy must include:
(a) Funding for partnerships with nonprofit organizations to ensure applicants for the consortium and grant program reflect the identity and needs of their individual communities. The outreach strategy must include funding for partnerships with nonprofit organizations that have:
(I) Experience working with small food retailers and small family farms that currently accept payment from any incentive program;
(II) Experience running and supporting small food retailers and small family farms or any other food incentive program;
(III) Experience with grant-making;
(IV) Community relationships that will ensure that outreach to small food retailers and small farms reflects the identity and needs of individual communities; or
(V) A demonstrated track record of working in food access and food justice; and
(II) Experience running and supporting small food retailers and small family farms or any other food incentive program;
(III) Experience with grant-making;
(IV) Community relationships that will ensure that outreach to small food retailers and small farms reflects the identity and needs of individual communities; or
(V) A demonstrated track record of working in food access and food justice; and
(b) Working with local governments, counties, towns, and other municipalities.
(5) On or before January 30, 2027, the department shall submit a report to the agriculture, livestock, and water committee of the house of representatives and the agriculture and natural resources committee of the senate, or any successor committees, on the grant program and consortium, including information on grantees, use of grant funds, SNAP sales, and produce and stocking data.
(6) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate one million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department of human services. The department of human services shall use the appropriation for electronic benefits transfer back-end programmatic updates. The appropriation must also be used for new functionality with the contracted financial technology vendor and eligibility system that makes it possible to deposit time-limited incentive funds based on qualifying purchases back into an account by an authorized electronic benefits transfer retailer with the appropriate middleware.
(b) The department of human services is authorized to use up to ten percent of the total money appropriated to the program for the direct and indirect costs of administering the program.
(c) The use of money appropriated pursuant to this subsection (6) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department of human services shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(d) The department of human services shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(e) This subsection (6) is repealed, effective September 1, 2027.
(7) The department shall promulgate rules as necessary for the implementation of this section.
(8) As used in this section, unless the context otherwise requires:
(a) "Consortium" means the community food consortium created in subsection (2) of this section.
(b) "Grant program" means the small food business recovery and resilience grant program created in subsection (3) of this section.
(c) "Program" means the community food access program created in subsection (1) of this section.
(d) "Small family farm" means a farm that is Colorado-owned and Colorado-operated and has an annual gross revenue below three hundred fifty thousand dollars.
(e) "Small food retailer" means:
(I) An independent or nonprofit-managed, Colorado-owned, and Colorado-operated small food retail business, defined as a food retailer with less than ten thousand square feet of retail space that carries at least three categories of federally defined staple foods, as described in the federal "Food and Nutrition Act of 2008", secs. 3 and 9; the federal "Consolidated Appropriations Act of 2017", sec. 76; and the federal "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program", 81 Fed. Reg. 90675; and be located in or provide food to local, state, or federally defined low-income, low-access neighborhoods; or
(II) A farmer's market or farm-direct operation that is already or demonstrates an intent to become SNAP and WIC-authorized where allowed.
(f) "SNAP" means the supplemental nutrition assistance program established in part 3 of article 2 of title 26.
tance Program", 81 Fed. Reg. 90675; and be located in or provide food to local, state, or federally defined low-income, low-access neighborhoods; or
(II) A farmer's market or farm-direct operation that is already or demonstrates an intent to become SNAP and WIC-authorized where allowed.
(f) "SNAP" means the supplemental nutrition assistance program established in part 3 of article 2 of title 26.
(g) "WIC" means the special supplemental nutrition program for women, infants, and children, created pursuant to 42 U.S.C. sec. 1786.
(9) This section is repealed, effective September 1, 2031.
C.R.S. § 35-1-118 Meat processing - grant and loan application assistance - definitions - legislative declaration - repeal
35-1-118. Meat processing - grant and loan application assistance - definitions - legislative declaration - repeal. (Repealed)
C.R.S. § 35-1-119 Wild horse population management - repeal
35-1-119. Wild horse population management - repeal. (1) Subject to obtaining approval from the United States bureau of land management in the department of the interior, the department may assist with managing wild horse populations using fertility control management methods that are or are substantially similar to immunocontraceptive fertility control vaccines. The department may also support on-range stewardship and management to ensure the sustainability of wild horses and wild horse ranges. In implementing this subsection (1), the department may:
(a) Enter into contracts or interagency agreements with private entities, individuals, tribes, local governments, or the United States bureau of land management in the department of the interior; and
(b) Cooperate with:
(I) The United States bureau of land management in the department of the interior;
(II) The Southern Ute Tribe;
(III) The Ute Mountain Ute Tribe;
(IV) Local governments;
(V) Other state agencies;
(VI) Volunteers;
(VII) Contractors; and
(VIII) Interested groups or individuals.
(2) This section is repealed, effective December 31, 2025.
C.R.S. § 35-1-120 Study of greenhouse gas reduction and carbon sequestration opportunities in agriculture and agricultural land management - definitions - reporting - rules
35-1-120. Study of greenhouse gas reduction and carbon sequestration opportunities in agriculture and agricultural land management - definitions - reporting - rules. (1) (a) (I) In accordance with subsection (1)(a)(II) of this section, the commissioner or the commissioner's designee shall conduct a study to examine greenhouse gas reduction and carbon sequestration opportunities in the agricultural sector and in agricultural land management in the state, including:
(A) Soil health management practices, including cover cropping, manure management, soil amendments, rotational grazing, rangeland management, low- and no-till practices, and hedge grows;
(B) The use of dry digesters; and
(C) An investigation into the potential for creating and offering a certified greenhouse gas offset program and credit instruments to provide fungible greenhouse gas offsets for agricultural producers and in agricultural land management.
(II) The commissioner or commissioner's designee shall conduct the study in consultation with the Colorado energy office created in section 24-38.5-101, the air quality control commission created in section 25-7-104 (1), the natural and working lands task force convened by the department of natural resources, the Colorado state forest service, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research.
(b) (I) Any certified greenhouse gas offset program and credit instruments offered must reflect real, additional, quantifiable, permanent, verifiable, and enforceable reductions in greenhouse gas emissions that are equivalent to the offsets provided and must not require agricultural producers' participation.
(II) Greenhouse gas offsets developed for agricultural producers and in agricultural land management in accordance with this section:
(A) May be incorporated into the air quality control commission's rules, including rules adopted under section 25-7-105 (1)(e), and, specifically, rules concerning coordination with other jurisdictions pursuant to the authority granted in, and the considerations required under, section 25-7-105 (1)(e)(V);
(B) May be used as compliance instruments by a source regulated under article 7 of title 25, with emission reduction obligations established by the air quality control commission that ensure that the annual, overall, absolute emissions from the source, sector, or group of sources decline consistent with the statewide greenhouse gas emission reduction goals set forth in section 25-7-102 (2)(g); except that, if the source is located in a disproportionately impacted community, the commission shall establish by rule an annual, absolute emission reduction obligation specific to the source;
(C) Must not be available as an instrument for emission reduction compliance under section 25-7-105 (1)(e)(V) unless the commission has adopted rules establishing an annual, absolute emission reduction obligation for the relevant sector that is consistent with the statewide greenhouse gas emission reduction goals.
(c) The study must identify policy mechanisms to avoid the impacts that the use of greenhouse gas offsets by regulated sources could have on disproportionately impacted communities.
(2) The commissioner or the commissioner's designee shall submit to the general assembly:
(a) A report summarizing the progress on the study on or before October 1, 2024; and
greenhouse gas emission reduction goals.
(c) The study must identify policy mechanisms to avoid the impacts that the use of greenhouse gas offsets by regulated sources could have on disproportionately impacted communities.
(2) The commissioner or the commissioner's designee shall submit to the general assembly:
(a) A report summarizing the progress on the study on or before October 1, 2024; and
(b) A final report on the study on or before October 1, 2025. The final report must include any legislative, regulatory, or other recommendations for designing and implementing greenhouse gas reduction and carbon sequestration opportunities for the agricultural sector and in agricultural land management in the state.
(3) (a) (I) Upon conclusion of the study, with regard to any recommendations in the study that do not require legislative changes, the commissioner, in consultation with the Colorado energy office and the air quality control commission, may adopt rules to implement the recommendations.
(II) Any rules adopted pursuant to this subsection (3)(a) must not mandate participation by agricultural producers in any greenhouse gas offset program or any other greenhouse gas reduction and carbon sequestration programs or mechanisms developed in rule, but the rules may provide incentives to agricultural producers for their voluntary participation in any program or mechanism developed in rule pursuant to this subsection (3)(a).
(b) If the commissioner adopts rules pursuant to subsection (3)(a) of this section, the department shall include a summary of the rules as part of the department's regulatory agenda that it files pursuant to section 2-7-203 (4) and that is included in the department's "SMART Act" presentation that immediately follows the adoption of the rules.
(4) Nothing in this section requires the air quality control commission to adopt rules for greenhouse gas emission offsets or credit mechanisms or to accept any greenhouse gas emission offsets or credit mechanisms as compliance instruments for emission reduction compliance or verification.
(5) As used in this section, unless the context otherwise requires:
(a) "Anaerobic digester" means a sealed, oxygen-free tank into which feedstock, such as food waste, animal manure, or wastewater sludge, is placed for anaerobic digestion by microorganisms. An anaerobic digester can be used as a means of waste disposal or energy production.
(b) "Disproportionately impacted communities" has the meaning set forth in section 24-4-109 (2)(b)(II).
(c) "Dry digester" means an anaerobic digester that processes feedstock with a low moisture content.
C.R.S. § 35-1-121 Agricultural behavioral health community of practice work group - creation - grant program - reporting - rules - definitions - repeal
35-1-121. Agricultural behavioral health community of practice work group - creation - grant program - reporting - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Agricultural behavioral health community of practice work group" or "work group" means the agricultural behavioral health community of practice work group created in subsection (2) of this section.
(b) "Agricultural behavioral health grant program" or "grant program" means the agricultural behavioral health grant program created in subsection (3) of this section.
(c) "Behavioral health administration" means the behavioral health administration established in section 27-50-102.
(2) (a) The agricultural behavioral health community of practice work group is created in the department. The purpose of the work group is to convene a group of leaders and experts in agriculture and behavioral health care to improve access to behavioral health care for farmers, ranchers, other agricultural industry workers, and their families.
(b) (I) No later than September 1, 2024, the commissioner, or the commissioner's designee, shall appoint at least seven members to serve on the work group, which must include the agricultural and rural community behavioral health program staff liaison described in section 27-60-303 (1.5) and a designee from the office of suicide prevention created in section 25-1.5-101 (1)(w)(I). The commissioner, or the commissioner's designee, may add additional members, if necessary, to represent the diversity of the agricultural community. The commissioner, or the commissioner's designee, shall appoint members who represent:
(A) Statewide organizations or Indian tribes or tribal organizations with experience providing access, services, and resources for the behavioral health needs of those involved in agriculture;
(B) Statewide agricultural organizations that have programs focused on behavioral health issues;
(C) Statewide organizations that address mental or behavioral health issues;
(D) Veterans service organizations;
(E) Rural behavioral health providers; and
(F) Individuals who have lived experience with mental health issues, behavioral health issues, or substance use disorders and recovery.
(II) The commissioner, or the commissioner's designee, shall select a member of a statewide agricultural organization to chair, facilitate, and lead the work group meetings.
(c) No later than January 1, 2025, the work group shall convene the first meeting and establish procedures for meetings, including procedures to allow members of the work group to participate in the meetings remotely. The work group shall meet at least once a month.
(d) The chair, or the chair's designee, shall open the meetings to the public, provide advance public notice of the meetings, and allow public comments at the meetings. The chair, or the chair's designee, shall conduct outreach and encourage community participation in the public meetings.
(e) The department shall organize translation services, upon advance notice and request, for meetings held pursuant to subsections (2)(c) and (2)(d) of this section for members of the work group and members of the public who attend the meetings. The work group shall create a process for a member of the work group or a member of the public to request translation services in advance of a meeting.
(f) Members of the work group who are compensated by an organization to serve on the work group serve without compensation. Members of the work group who are not compensated by an organization to serve on the work group must receive compensation.
The work group shall create a process for a member of the work group or a member of the public to request translation services in advance of a meeting.
(f) Members of the work group who are compensated by an organization to serve on the work group serve without compensation. Members of the work group who are not compensated by an organization to serve on the work group must receive compensation.
(g) The work group shall:
(I) Compile best practices to provide behavioral health care to farmers, ranchers, other agricultural industry workers, and their families;
(II) Identify gaps in the provision of behavioral health care to farmers, ranchers, other agricultural industry workers, and their families;
(III) Engage with other stakeholders involved in agricultural behavioral health care;
(IV) Collect data, as permitted by state and federal data privacy laws, on behavioral health-care outcomes in agricultural communities and steps taken to support farmers, ranchers, other agricultural industry workers, and their families through behavioral health initiatives and programs; and
(V) Report to the department and the behavioral health administration on the data collected pursuant to subsection (2)(g)(IV) of this section and recommend legislative or policy changes to further improve agricultural behavioral health care.
(h) This subsection (2) is repealed, effective September 1, 2029. Before the repeal, the work group is scheduled for review in accordance with section 2-3-1203.
(3) (a) The agricultural behavioral health grant program is created in the department. Subject to available appropriations, the department may administer the grant program. The purpose of the grant program is to award grant money to:
(I) Continue existing programs or create new programs that address the root causes of behavioral health issues in the agricultural industry or in rural communities;
(II) Strengthen collaborative efforts between organizations and communities in addressing the root causes of behavioral health issues in the agricultural industry or in rural communities; and
(III) Improve access to health, wellness, and behavioral health care for farmers, ranchers, other agricultural industry workers, and their families.
(b) In administering the grant program pursuant to subsection (3)(a) of this section, the department shall:
(I) Develop the grant application;
(II) Establish a disbursement timeline for the grants;
(III) Create a rubric to evaluate grant applications;
(IV) Award grant money to eligible recipients;
(V) Require grant recipients to report to the department on the progress of grant-funded projects, findings, and legislative recommendations and establish a deadline for the submittal of the report to the department; and
(VI) Collect the reports described in subsection (3)(b)(V) of this section from grant recipients on the use of grant funds.
(c) In awarding grant money pursuant to subsection (3)(b)(IV) of this section, the department shall prioritize applicants that primarily serve individuals engaged in agriculture. The maximum amount of money a grant recipient may receive annually is fifty thousand dollars.
(4) (a) The department shall contract with a statewide agricultural organization that has established programs addressing behavioral health issues to organize, manage, and convene an in-person annual summit for organizations with an interest in promoting and providing behavioral health care to agricultural communities. The statewide organization shall convene the first in-person annual summit no later than December 2025. The department shall contract with the statewide agricultural organization in accordance with the "Procurement Code", articles 101 to 112 of title 24.
(b) The statewide agricultural organization shall conduct post-event surveys of the individuals who attend the in-person annual summit.
unities. The statewide organization shall convene the first in-person annual summit no later than December 2025. The department shall contract with the statewide agricultural organization in accordance with the "Procurement Code", articles 101 to 112 of title 24.
(b) The statewide agricultural organization shall conduct post-event surveys of the individuals who attend the in-person annual summit.
(c) The statewide agricultural organization shall annually provide the department:
(I) Receipts documenting funds spent on the in-person annual summit; and
(II) A report describing the in-person annual summit, including:
(A) The number of attendees;
(B) The names of the organizations that attended;
(C) The results of the post-event surveys described in subsection (4)(b) of this section; and
(D) Any findings or recommendations on changes for future in-person annual summits.
(d) The statewide agricultural organization that contracts with the department is not barred from applying to the grant program.
(5) The department and the behavioral health administration shall enter into an interagency agreement to share data collected in the course of understanding and addressing the behavioral health-care issues in the agricultural industry and in rural communities. The interagency agreement must state that the data shared will be aggregated and anonymized, and data sharing must be in compliance with state and federal data privacy laws.
(6) The department may promulgate rules as necessary for the implementation of this section.
(7) (a) On or before January 1, 2026, and each January 1 thereafter, the department shall submit a report summarizing the work group report described in subsection (2)(g)(V) of this section and the grant recipient reports collected pursuant to subsection (3)(b)(VI) of this section to the agriculture, water, and natural resources committee and the health and human services committee of the house of representatives and the agriculture and natural resources committee and the health and human services committee of the senate, or their successor committees, and the behavioral health administration.
(b) As part of the January 1, 2027, report described in subsection (7)(a) of this section, and in each January 1 report thereafter, the department shall submit a report summarizing the statewide agricultural organization report collected pursuant to subsection (4)(c)(II) of this section.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (7) continues indefinitely.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-35.docxFetched: 10/6/2026