HB 23-1008

HB 23-1008, also known as the Food Accessibility Act, allocates $250,000 to help low-income Coloradans access fresh, locally grown fruits and vegetables through partnerships with nonprofits. It also increases state income tax for individuals and corporations by adding back a federal deduction for business meals from 2024 to 2030. Additionally, the bill provides tax credits to small food retailers and family farms that purchase specific systems or equipment, and it expands a grant program to support these businesses with up to $50,000 in funding annually until 2031. The governor signed this bill into law on June 2, 2023, and it went into effect on August 7, 2023.

Official Summary

Section 2 of the act appropriates $250,000 to the prevention services division (division) within the department of public health and environment to partner with a statewide nonprofit organization to provide healthy eating program incentives among low-income populations in the state and must attempt to improve access to fresh Colorado-grown fruits and vegetables among low-income populations in the state. The nonprofit organization that the division selects for partnership must have experience in supporting healthy eating incentives programs and experience with coordinating healthy eating programs and funding between local, state, and federal programs. Section 3 requires individual taxpayers to add an amount of federal taxable income equal to their federal deduction for business meals to their state income tax liability for the 2024 through 2030 income tax years. Section 4 requires the same of corporate taxpayers. Section 5 creates a refundable tax credit for both small food retailers and small family farms that purchase certain systems or equipment (purchasers) and a member of the community food consortium for small food retailers and Colorado-owned and Colorado-operated farms (the consortium) that completes its duties and responsibilities. For the 2024 income tax year, the tax credit is equal to 85% of the cost of the amount spent by a member of the consortium on completing its duties and 85% of the cost of the systems or equipment purchased by purchasers. For income tax years 2025 through 2030, the tax credit is equal to 75% of the cost of the systems or equipment purchased by the small food retailers and small family farms and 75% of the amount spent by a member of the consortium on completing its duties. Section 6 modifies the small food business recovery and resilience grant program (grant program). Section 6: Allows the department of agriculture to award grants of up to $50,000, rather than $25,000; Allows the department to annually award a grant to a grantee, rather than only once; Modifies the definition of "small food retailer" to include food retailers with less than 10,000 square feet or retail space, rather than less than 5,000 square feet of retail space; and Extends the repeal date of the grant program from September 1, 2027, to September 1, 2031. For the 2023-24 state fiscal year, $360,413 from the general fund is appropriated to the department of agriculture and $44,411 is appropriated to the department of law to provide legal services for the department of agriculture, which consists of money reappropriated from a portion of the appropriation made to the department of agriculture. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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