SENATE BILL 23-159
BY SENATOR(S) Hinrichsen and Pelton B., Pelton R., Priola, Simpson,
Buckner, Cutter, Exum, Ginal, Gonzales, Hansen, Marchman, Mullica,
Winter F.;
also REPRESENTATIVE(S) Boesenecker and Lindsay, Bird, Bockenfeld,
Brown, Dickson, Duran, English, Garcia, Gonzales-Gutierrez, Herod,
Jodeh, Joseph, Kipp, Lieder, Lukens, Marshall, McCormick, McLachlan,
Michaelson Jenet, Ricks, Sharbini, Snyder, Story, Titone, Velasco,
Willford, Woodrow, Young, McCluskie.
C
ONCERNING THE CONTINUATION OF THE COLORADO FOOD SYSTEMS
ADVISORY COUNCIL
, AND, IN CONNECTION THEREWITH, EXTENDING
THE SUNSET DATE BY THREE YEARS AND MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 2-3-1203, repeal
(14)(a)(X); and add (17)(a)(VII) as follows:
2-3-1203. Sunset review of advisory committees - legislative
declaration - definition - repeal. (14) (a) The following statutory
authorizations for the designated advisory committees are scheduled for
repeal on September 1, 2023:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (X) The Colorado food systems advisory council created in part 11
of article 31 of title 23;
(17) (a) The following statutory authorizations for the designated
advisory committees will repeal on September 1, 2026:
(VII) T
HE COLORADO FOOD SYSTEMS ADVISORY COUNCIL CREATED
IN SECTION
23-31-1102.
SECTION 2. In Colorado Revised Statutes, 23-31-1102, amend
(2); and add (2.1) as follows:
23-31-1102. Colorado food systems advisory council - created -
membership - terms - vacancies. (2) The council consists of:
(a) The following six members appointed as indicated:
(I) One representative of the department of education, appointed by
the commissioner of education;
(II) One representative of the department of public health and
environment, appointed by the executive director of the department of
public health and environment;
(III) One representative of the department of agriculture, appointed
by the commissioner of agriculture;
(IV) One representative of the department of human services,
appointed by the executive director of the department of human services;
(V) One representative of the Colorado state university extension,
appointed by the director of the Colorado state university extension; and
(VI) One representative of the Colorado office of economic
development, created in section 24-48.5-101, appointed by the director of
the office of economic development; and
(b) Sixteen FIVE members appointed by the governor or the
governor's designee as follows:
PAGE 2-SENATE BILL 23-159 (I) Two members who are recipients of a federal food assistance
program, at least one of whom is a recipient of the supplemental nutrition
assistance program;
(II) Two members who represent different sectors of agricultural
production, one of whom is a specialty crop producer and at least one of
whom sells agricultural products to a public school or school district ONE
MEMBER WHO IS KNOWLEDGEABLE ABOUT NUTRITION
, PREFERABLY A
PHYSICIAN LICENSED IN THIS STATE OR A REGISTERED DIETITIAN
; AND
(III) Two members who represent food wholesalers or food retailers,
one of whom must be a direct market retailer;
AND
(c) TWELVE MEMBERS ON A ROTATING BASIS IN THE ORDER LISTED
IN THIS SUBSECTION
(2)(c), AS NEW POSITIONS OR VACANCIES ARISE ,
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES , THE
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
, THE PRESIDENT OF
THE SENATE
, AND THE MINORITY LEADER OF THE SENATE , AS FOLLOWS:
(IV)
(I) One member who represents a statewide anti-hunger
organization;
(V) (II) Two members who are knowledgeable about federal
agencies, one of whom has expertise in federal food and nutrition service
programs and one of whom has expertise in rural community and regional
development programs or community and economic development programs;
(VI)
(III) One member from an academic institution who specializes
in economic systems, agriculture, or health care;
(VII) (IV) Two members who represent institutional procurement,
one of whom is from an educational setting and one of whom is from a
health-care setting;
(VIII)
(V) One member who represents a local, nonprofit,
community organization engaged in a farm-to-school program or local food
systems;
(IX)
(VI) One member who represents a food distributor or a food
hub;
PAGE 3-SENATE BILL 23-159 (X) (VII) One member who is knowledgeable about nutrition,
preferably a physician licensed in this state or a registered dietician; and
TWO MEMBERS WHO REPRESENT DIFFERENT SECTORS OF AGRICULTURAL
PRODUCTION
, ONE OF WHOM IS A SPECIALTY CROP PRODUCER AND AT LEAST
ONE OF WHOM SELLS AGRICULTURAL PRODUCTS TO A PUBLIC SCHOOL OR
SCHOOL DISTRICT
;
(XI)
(VIII) One member who is a representative of a statewide
healthy food systems organization;
AND
(IX) ONE MEMBER WHO IS A REPRESENTATIVE OF A FOOD BANK .
(2.1) I
F TWO NEW POSITIONS OR VACANCIES LISTED IN SUBSECTION
(2)(c) OF THIS SECTION OPEN SIMULTANEOUSLY , THE INDIVIDUAL FIRST
SCHEDULED TO APPOINT PURSUANT TO SUBSECTION
(2)(c) OF THIS SECTION
SHALL CHOOSE WHICH POSITION TO APPOINT
.
SECTION 3. In Colorado Revised Statutes, 23-31-1103, amend (1)
introductory portion, (1)(a) introductory portion, (1)(a)(III), and (1)(b); and
add (1)(b.5) and (3) as follows:
23-31-1103. Council - purpose and duties. (1) The purposes
PURPOSE of the council include IS TO GROW LOCAL, REGIONAL, AND
STATEWIDE FOOD ECONOMIES WITHIN WHICH PRODUCERS HAVE ACCESS TO
NEW MARKETS AND LOW
-INCOME POPULATIONS HAVE ACCESS TO FRESH ,
AFFORDABLE, AND HEALTHY FOODS. DUTIES OF THE COUNCIL INCLUDE:
(a) Growing local, regional, and statewide food economies within
which producers have access to new markets and low-income populations
have access to fresh, affordable, and healthy foods. The council will
collaborate and coordinate COLLABORATING AND COORDINATING with
agricultural producers, relevant state and federal educational institutions,
nongovernmental organizations, and consumers to connect state and federal
agencies and to provide Colorado agricultural producers, including fruit and
vegetable producers, with viable market opportunities. Areas of focus
include:
(III) Supporting the implementation of the recommendations in the
Colorado blueprint of food and agriculture project, ensuring that the
recommendations in the blueprint, or its successor project, are updated as
PAGE 4-SENATE BILL 23-159 needed, and ensuring alignment with other state or local food plans if
relevant. EXAMINING BEST PRACTICES TO ADVANCE OR IMPROVE
DISTRIBUTION SYSTEMS AND DEVELOP NEW MARKETS FOR
COLORADO
AGRICULTURAL PRODUCERS
.
(b) Conducting research regarding national best practices regarding
food and nutrition assistance, direct and intermediated market development,
institutional procurement, and farm-to-school programs; as well as other
priorities determined by the council;
(b.5) SERVING AS A RESOURCE FOR RESEARCH AND SUPPORT AT THE
REQUEST OF THE GOVERNOR
, MEMBERS OF THE GENERAL ASSEMBLY , OR ANY
STATE AGENCY IN CONNECTION WITH THE COUNCIL
'S PURPOSE AND DUTIES
IN SUBSECTIONS
(1)(a) AND (1)(b) OF THIS SECTION;
(3) T
HE COUNCIL SHALL ACCEPT AND CONSIDER PUBLIC COMMENT
REGARDING ANY RESEARCH OR REPORTS CREATED BY THE COUNCIL
PURSUANT TO SUBSECTIONS
(1)(b) AND (1)(b.5) OF THIS SECTION. THE
COUNCIL SHALL RECEIVE PUBLIC COMMENT FOR A MINIMUM OF SIXTY DAYS
.
SECTION 4. In Colorado Revised Statutes, 23-31-1104, repeal (2)
as follows:
23-31-1104. Subcommittees of the council. (2) The council may
engage in any other activity the council determines is necessary to
accomplish the purposes outlined in this part 11.
SECTION 5. In Colorado Revised Statutes, amend 23-31-1106 as
follows:
23-31-1106. Reports - recommendations. Notwithstanding section
24-1-136 (11)(a)(I), no later than January 31, 2021, and January 31 every
other year thereafter, the council shall report the information specified in
section 23-31-1103 (1)(d)
AND PROVIDE A SUMMARY OF THE COUNCIL 'S
ACTIVITIES FROM THE PRIOR YEAR AND A SUMMARY OF THE COUNCIL
'S
PLANNED ACTIVITIES FOR THE UPCOMING YEAR
to the house rural affairs and
agriculture AGRICULTURE, WATER, AND NATURAL RESOURCES committee and
the senate agriculture and natural resources committee, or their successor
committees.
PAGE 5-SENATE BILL 23-159 SECTION 6. In Colorado Revised Statutes, amend 23-31-1107 as
follows:
23-31-1107. Repeal of part. This part 11 is repealed, effective
September 1, 2023 SEPTEMBER 1, 2026. Before the repeal, this part 11 is
scheduled for review in accordance with section 2-3-1203.
SECTION 7. In Colorado Revised Statutes, 23-3.3-103, add (17)
as follows:
23-3.3-103. Annual appropriations - repeal. (17) (a) T
HE
PROVISIONS OF SUBSECTION
(1) OF THIS SECTION CONCERNING
APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS ARTICLE
3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE OF THE
COLORADO FOOD SYSTEMS ADVISORY COUNCIL PURSUANT TO PART 11 OF
ARTICLE
31 OF THIS TITLE 23.
(b) T
HIS SUBSECTION (17) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2026.
SECTION 8. Appropriation. (1) For the 2023-24 state fiscal year,
$151,068 is appropriated to the department of higher education. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation for the college opportunity fund
program to be used for limited purpose fee-for-service contracts with state
institutions.
(2) For the 2023-24 state fiscal year, $151,068 is appropriated to the
department of higher education. This appropriation is from reappropriated
funds received from the limited purpose fee-for-service contracts with state
institutions under subsection (1) of this section. To implement this act, the
department may use this appropriation for the board of governors of the
Colorado state university system for the food systems advisory council,
which amount is based on an assumption that the board of governors will
require an additional 1.0 FTE.
SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
PAGE 6-SENATE BILL 23-159 of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 23-159