First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 23-0313.01 Josh Schultz x5486 SENATE BILL 23-159 Senate Committees House Committees Agriculture & Natural Resources Appropriations A BILL FOR AN ACT C ONCERNING THE CONTINUATION OF THE COLORADO FOOD SYSTEMS101 ADVISORY COUNCIL , AND, IN CONNECTION THEREWITH ,102 EXTENDING THE SUNSET DATE BY THREE YEARS AND MAKING AN 103 APPROPRIATION.104 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Sunset Process - Senate Agriculture and Natural Resources Committee. The Colorado food systems advisory council established within Colorado state university is scheduled to repeal on September 1, SENATE 3rd Reading Unamended April 3, 2023 SENATE Amended 2nd Reading March 31, 2023 SENATE SPONSORSHIP Hinrichsen and Pelton B., Pelton R., Priola, Simpson, Buckner, Cutter, Exum, Ginal, Gonzales, Hansen, Marchman, Winter F. HOUSE SPONSORSHIP Boesenecker and Lindsay, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. 2023. The bill extends the sunset date until September 1, 2030. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 2-3-1203, repeal2 (14)(a)(X); and add (17)(a)(VII) as follows:3 2-3-1203. Sunset review of advisory committees - legislative4 declaration - definition - repeal. (14) (a) The following statutory5 authorizations for the designated advisory committees are scheduled for6 repeal on September 1, 2023:7 (X) The Colorado food systems advisory council created in part8 11 of article 31 of title 23;9 (17) (a) The following statutory authorizations for the designated10 advisory committees will repeal on September 1, 2026:11 (VII) T HE COLORADO FOOD SYSTEMS ADVISORY COUNCIL 12 CREATED IN SECTION 23-31-1102.13 SECTION 2. In Colorado Revised Statutes, 23-31-1102, amend14 (2)(b) introductory portion; and add (2)(b)(XII) and (2.1) as follows:15 23-31-1102. Colorado food systems advisory council - created16 - membership - terms - vacancies. (2) The council consists of:17 (b) Sixteen SEVENTEEN members appointed ON A ROTATING BASIS18 IN THE ORDER LISTED IN THIS SUBSECTION (2)(b), AS NEW POSITIONS OR19 VACANCIES ARISE, by the governor or the governor's designee THE20 SPEAKER OF THE HOUSE OF REPRESENTATIVES , THE MINORITY LEADER OF21 THE HOUSE OF REPRESENTATIVES , THE PRESIDENT OF THE SENATE, AND22 THE MINORITY LEADER OF THE SENATE , as follows:23 (XII) O NE MEMBER WHO IS A REPRESENTATIVE OF A FOOD BANK . 24 (2.1) I F TWO NEW POSITIONS OR VACANCIES LISTED IN SUBSECTION 25 159-2- (2)(b) OF THIS SECTION OPEN SIMULTANEOUSLY , THE INDIVIDUAL FIRST1 SCHEDULED TO APPOINT PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION2 SHALL CHOOSE WHICH POSITION TO APPOINT .3 SECTION 3. In Colorado Revised Statutes, 23-31-1103, amend4 (1)(a), (1)(a)(III), and (1)(b); and add (1)(b.5) and (3) as follows:5 23-31-1103. Council - purpose and duties. (1) The purposes6 PURPOSE of the council include IS TO GROW LOCAL, REGIONAL, AND7 STATEWIDE FOOD ECONOMIES WITHIN WHICH PR ODUCERS HAVE ACCESS TO8 NEW MARKETS AND LOW -INCOME POPULATIONS HAVE ACCESS TO FRESH ,9 AFFORDABLE, AND HEALTHY FOODS. DUTIES OF THE COUNCIL INCLUDE:10 (a) Growing local, regional, and statewide food economies within11 which producers have access to new markets and low-income populations12 have access to fresh, affordable, and healthy foods. The council will13 collaborate and coordinate COLLABORATING AND COORDINATING with14 agricultural producers, relevant state and federal educational institutions,15 nongovernmental organizations, and consumers to connect state and16 federal agencies and to provide Colorado agricultural producers,17 including fruit and vegetable producers, with viable market opportunities.18 Areas of focus include:19 (III) Supporting the implementation of the recommendations in20 the Colorado blueprint of food and agriculture project, ensuring that the21 recommendations in the blueprint, or its successor project, are updated as22 needed, and ensuring alignment with other state or local food plans if23 relevant. EXAMINING BEST PRACTICES TO ADVANCE OR IMPROVE24 DISTRIBUTION SYSTEMS AND DEVELOP NEW MARKETS FOR COLORADO25 AGRICULTURAL PRODUCERS .26 (b) Conducting research regarding national best practices27 159 -3- regarding food and nutrition assistance, direct and intermediated market1 development, institutional procurement, and farm-to-school programs; as2 well as other priorities determined by the council;3 (b.5) S ERVING AS A RESOURCE FOR RESEARCH AND SUPPORT AT 4 THE REQUEST OF THE GOVERNOR , MEMBERS OF THE GENERAL ASSEMBLY ,5 OR ANY STATE AGENCY IN CONNECTION WITH THE C OUNCIL 'S PURPOSE AND6 DUTIES IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION;7 (3) T HE COUNCIL SHALL ACCEPT AND CONSIDER PUBLIC COMMENT 8 REGARDING ANY RESEARCH OR REPORTS CREATED BY THE COUNCIL9 PURSUANT TO SUBSECTIONS (1)(b) AND (1)(b.5) OF THIS SECTION. THE10 COUNCIL SHALL RECEIVE PUBLIC COMMENT FOR A MINIMUM OF SIXTY11 DAYS.12 SECTION 4. In Colorado Revised Statutes, 23-31-1104, repeal13 (2) as follows:14 23-31-1104. Subcommittees of the council. (2) The council may15 engage in any other activity the council determines is necessary to16 accomplish the purposes outlined in this part 11.17 SECTION 5. In Colorado Revised Statutes, amend 23-31-110618 as follows:19 23-31-1106. Reports - recommendations. Notwithstanding20 section 24-1-136 (11)(a)(I), no later than January 31, 2021, and January21 31 every other year thereafter, the council shall report the information22 specified in section 23-31-1103 (1)(d) AND PROVIDE A SUMMARY OF THE 23 COUNCIL'S ACTIVITIES FROM THE PRIOR YEAR AND A SUMMARY OF THE24 COUNCIL'S PLANNED ACTIVITIES FOR THE UPCOMING YEAR to the house25 rural affairs and agriculture AGRICULTURE, WATER, AND NATURAL26 RESOURCES committee and the senate agriculture and natural resources27 159 -4- committee, or their successor committees.1 SECTION 6. In Colorado Revised Statutes, amend 23-31-11072 as follows:3 23-31-1107. Repeal of part. This part 11 is repealed, effective4 September 1, 2023 SEPTEMBER 1, 2026. Before the repeal, this part 11 is5 scheduled for review in accordance with section 2-3-1203.6 SECTION 7. In Colorado Revised Statutes, 23-3.3-103, add (12)7 as follows:8 23-3.3-103. Annual appropriations - repeal. (12) (a) T HE 9 PROVISIONS OF SUBSECTION (1) OF THIS SECTION CONCERNING10 APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS11 ARTICLE 3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE12 OF THE COLORADO FOOD SYSTEMS ADVISORY C OUNCIL PURSUANT TO PART13 11 OF ARTICLE 31 OF THIS TITLE 23. 14 (b) T HIS SUBSECTION (12) IS REPEALED, EFFECTIVE SEPTEMBER 1, 15 2026.16 SECTION 8. Appropriation. (1) For the 2023-24 state fiscal17 year, $151,068 is appropriated to the department of higher education. This18 appropriation is from the general fund. To implement this act, the19 department may use this appropriation for the college opportunity fund20 program to be used for limited purpose fee-for-service contracts with21 state institutions.22 (2) For the 2023-24 state fiscal year, $151,068 is appropriated to23 the department of higher education. This appropriation is from24 reappropriated funds received from the limited purpose fee-for-service25 contracts with state institutions under subsection (1) of this section. To26 implement this act, the department may use this appropriation for the27 159 -5- board of governors of the Colorado state university system for the food1 systems advisory council, which amount is based on an assumption that2 the board of governors will require an additional 1.0 FTE.3 SECTION 9. Act subject to petition - effective date. This act4 takes effect at 12:01 a.m. on the day following the expiration of the5 ninety-day period after final adjournment of the general assembly; except6 that, if a referendum petition is filed pursuant to section 1 (3) of article V7 of the state constitution against this act or an item, section, or part of this8 act within such period, then the act, item, section, or part will not take9 effect unless approved by the people at the general election to be held in10 November 2024 and, in such case, will take effect on the date of the11 official declaration of the vote thereon by the governor.12 159 -6-