SB 24-152

Senate Bill 24-152, also known as the Regenerative Agriculture Tax Credit, offers a tax incentive for local food and beverage retailers who buy products from nearby farmers practicing regenerative agriculture. Retailers can get a tax credit worth up to 25% of their purchases from these producers, but this benefit is capped at $2,500,000 annually statewide. If state revenue forecasts predict less than a 4% increase in the next fiscal year starting June 2025, the tax credit amount for retailers would be cut by half or eliminated if it drops below $500. The bill has been signed into law and is now active, meaning local businesses can start claiming these credits once they meet the requirements set forth by the state departments of agriculture and revenue starting in 2024.

Official Summary

The bill creates a tax incentive program to be administered by the department of agriculture and the department of revenue to encourage local food and beverage retailers to purchase agricultural commodities from local producers practicing regenerative agriculture. For income tax years commencing on or after January 1, 2024, but before January 1, 2029, January 1, 2026, but before January 1, 2031, qualifying retailers that purchase produce and animal products from qualifying local producers are allowed an income tax credit in an amount equal to 25% of the total amount paid for all such purchases by the qualifying retailer in the income tax year in accordance with the requirements and limitations set forth in section 2 of the bill. Section 3 makes a conforming amendment to allow the exchange between the department of agriculture and the department of revenue of otherwise confidential tax information pertinent to an income tax credit claim allowed pursuant to section 2. To claim the credit, a qualifying retailer must annually apply for and receive a tax credit certificate from the department of agriculture, which tax credit certificate must then be filed with the department of revenue. The department of agriculture shall not issue tax credit certificates that exceed an aggregate amount of $2,500,000 in a calendar year. Moreover, notwithstanding any other provision of the bill, if the June 2025 revenue forecast and each June revenue forecast thereafter through the June 2029 forecast, as prepared by either legislative council staff or the office of state planning and budgeting, projects that state revenues will not increase by at least 4% for the next fiscal year, then the amount of the credit any qualifying retailer may claim pursuant to the bill in said next fiscal year is reduced by 50%; except that, if the amount of a reduced tax credit is equal to or less than $500, then the department of agriculture shall not issue a tax credit certificate at all. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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