Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-1081.02 Alana Rosen x2606
HOUSE BILL 24-1390
House Committees Senate Committees
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO SUPPORT CERTAIN SCHOOL FOOD101
PROGRAMS IN THE DEPARTMENT OF EDUCATION .102
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/
.)
Joint Budget Committee. The bill requires the department of
education (department) to apply to the United States department of
agriculture for a statewide community eligibility provision if the
department determines participation in a statewide community eligibility
provision will maximize federal funding.
The bill requires the department to annually establish options for,
HOUSE SPONSORSHIP
Bird and Sirota, Taggart
SENATE SPONSORSHIP
Kirkmeyer and Bridges, Zenzinger
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. and communicate the options to, school food authorities to maximize
federal funding. A school food authority that chooses an option other than
those established by the department will not receive healthy school meals
for all program funding and must use other eligible funding sources to
cover the costs of serving free meals to all students at the schools of the
school food authority.
The bill delays the implementation of the local food purchasing
grant, the wage increase or stipend program for school meals food
preparation and service employees (wage increase or stipend program),
and the local school food purchasing technical assistance and education
grant program until the 2025-26 budget year.
The bill requires the department to create a policy for school food
authorities to maximize the collection of household income application
forms for the national school lunch program to increase federal funding
for the program. School food authorities that choose to participate in the
program shall apply the policy to maximize the collection of household
income application forms.
The bill creates the healthy school meals for all program technical
advisory group (advisory group). As soon as practicable, the department
shall convene the advisory group. The advisory group shall collaborate
with school districts, the office of state planning and budgeting, and other
interested parties to:
! Identify ways to maximize federal reimbursements;
! Reduce costs of the program;
! Review cost-savings options, including minimizing food
waste;
! Strengthen the long-term resiliency of the healthy school
meals for all cash fund;
! Create model revenue scenarios;
! Provide options and recommendations to balance program
revenues and expenditures; and
! Draft a report with legislative and administrative
recommendations and submit it to the education
committees of the house of representatives and the senate,
or any successor committees; the joint budget committee;
the state board of education; and the governor.
On January 1, 2024, the local school food purchasing program
(purchasing program) and the local school food purchasing technical
assistance and education grant program (grant program) repealed. The bill
recreates the purchasing program and the grant program, and extends the
programs through the 2024-25 budget year.
The bill eliminates the authorization for department expenditures
in excess of the appropriated amount to participating school food
authorities for the wage increase or stipend program.
HB24-1390
-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 22-82.9-202, add (3)2
as follows:3
22-82.9-202. Legislative declaration. (3) T
HE GENERAL4
ASSEMBLY FURTHER DECLARES THAT FOR PURPOSES OF SECTION 17 OF5
ARTICLE IX OF THE STATE CONSTITUTION, HEALTHY SCHOOL MEALS ARE6
AN ESSENTIAL COMPONENT TO STUDENT LEARNING . FREE HEALTHY7
SCHOOL MEALS ARE AN IMPORTANT COMPONENT OF AN ACCOUNTABLE8
EDUCATION PROGRAM TO MEET ST ATE ACADEMIC STANDARDS AND MAY9
THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND10
CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.11
SECTION 2. In Colorado Revised Statutes, 22-82.9-203, add12
(11.5) as follows:13
22-82.9-203. Definitions. As used in this part 2, unless the14
context otherwise requires:15
(11.5) "P
ROVISIONAL PROGRAMS" MEANS ALTERNATIVE OPTIONS16
THROUGH THE NATIONAL SCHOOL LUNCH PROGRAM AND NATIONAL17
SCHOOL BREAKFAST PROGRAM TO IMPROVE ACCESS TO FREE MEALS AND18
TO SIMPLIFY MEAL COUNTING AND CLAIMS PROCEDURES .19
SECTION 3. In Colorado Revised Statutes, 22-82.9-204, amend20
(2), (3), and (4)(b); and add (6) and (7) as follows:21
22-82.9-204. Healthy school meals for all program - created -22
advisory group - report - rules - definition - repeal. (2) A school food23
authority that chooses to participate in the program must annually give24
notice of participation to the department as provided by rule of the state25
board. At a minimum, the notice must include evidence that the school26
HB24-1390-3- food authority is participating in the community eligibility provision as1
required in subsection (3) of this section PROVISIONAL PROGRAMMING IF2
DEEMED NECESSARY BY THE DEPARTMENT . THE DEPARTMENT MAY3
REQUIRE SCHOOL FOOD AUTHORITY MODIFICATIONS TO THE PROGRAM4
THROUGHOUT THE YEAR TO MAXIMIZE A SCHOOL FOOD AUTHORITY 'S5
FEDERAL REIMBURSEMENTS AS DEEMED NECESSARY BY THE DEPARTMENT .6
(3) (a) If the United States department of agriculture creates the7
option for the state, as a whole, to participate in the community eligibility8
provision, the department shall participate in the option and shall work9
with school food authorities and the necessary state and local departments10
to collect data and implement the community eligibility provision11
statewide,
IF THE DEPARTMENT DETERMINES PARTICIPATION IN THE12
STATEWIDE COMMUNITY ELIGIBILITY PROVISION MAXIMIZES FEDERAL13
FUNDING. Until such time as Colorado participates in the community14
eligibility provision as a state, each participating school food authority,15
as a condition of participating in the program, must maximize the amount16
of federal reimbursement by
THE SCHOOL FOOD AUTHORITY RECEIVES ,17
INCLUDING, BUT NOT LIMITED TO , participating in PROVISIONAL18
PROGRAMS, INCLUDING the community eligibility provision for all schools19
that qualify, for the community eligibility provision and that the20
participating school food authority serves SUBJECT TO DETERMINATION BY21
THE DEPARTMENT THAT THE SCHOOL FOOD AUTHORITY 'S PARTICIPATION22
MAXIMIZES FEDERAL REIMBURSEMENT .23
(b) A
NNUALLY, THE DEPARTMENT SHALL ESTABLISH OPTIONS FOR ,24
AND COMMUNICATE THE OPTIONS TO , EACH SCHOOL FOOD AUTHORITY TO25
MAXIMIZE FEDERAL FUNDING. A SCHOOL FOOD AUTHORITY THAT CHOOSES26
AN OPTION OTHER THAN THE OPTIONS ESTABLISHED BY THE DEPARTMENT27
HB24-1390
-4- SHALL NOT RECEIVE HEALTHY SCHOOL MEALS FOR ALL PROGRAM F UNDING1
AND MUST USE OTHER ELIGIBLE FUNDING SOURCES TO COVER THE COSTS2
OF SERVING FREE MEALS TO ALL STUDENTS AT THE SCHOOLS OF THE3
SCHOOL FOOD AUTHORITY .4
(4) (b) S
UBJECT TO AVAILABLE APPROPRIATIONS , implementation5
of sections 22-82.9-205 to 22-82.9-207 is conditional upon the state of
6
Colorado being certified to participate in the demonstration project for7
direct certification for children receiving medicaid benefits that is8
operated pursuant to 42 U.S.C. sec. 1758 (b)(15) EFFECTIVE BEGINNING9
IN THE 2025-26 BUDGET YEAR.10
(6) (a) O
N OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL11
CREATE A POLICY FOR SCHOOL FOOD AUTHORITIES TO MAXIMIZE THE12
COLLECTION OF HOUSEHOLD INCOME APPLICATION FORMS FOR THE13
NATIONAL SCHOOL LUNCH PROGRAM TO INCREASE FEDERAL FUNDING FOR14
THE PROGRAM.15
(b) S
CHOOL FOOD AUTHORITIES THAT CHOOSE TO PARTICIPATE IN16
THE PROGRAM SHALL COMPLY WITH THE POLICY DESCRIBED IN17
SUBSECTION (6)(a) OF THIS SECTION TO MAXIMIZE THE COLLECTION OF18
HOUSEHOLD INCOME APPLICATION FORMS FOR THE NATIONAL SCHOOL19
LUNCH PROGRAM.20
(7) (a) T
HE HEALTHY SCHOOL MEALS FOR ALL PROGRAM21
TECHNICAL ADVISORY GROUP IS CREATED IN THE DEPARTMENT . AS SOON22
AS PRACTICABLE, THE DEPARTMENT SHALL CONVENE THE ADVISORY23
GROUP AND THE ADVISORY GROUP SHALL COLLABORATE WITH SCHOOL24
DISTRICTS, THE OFFICE OF STATE PLANNING AND BUDGETING , AND OTHER25
INTERESTED PARTIES TO:26
(I) I
DENTIFY WAYS TO MAXIMIZE FEDERAL REIMBURSEMENTS ;27
HB24-1390
-5- (II) REDUCE COSTS OF THE PROGRAM ;1
(III) R
EVIEW COST-SAVINGS OPTIONS, INCLUDING MINIMIZING2
FOOD WASTE;3
(IV) S
TRENGTHEN THE LONG-TERM RESILIENCY OF THE HEALTHY4
SCHOOL MEALS FOR ALL CASH FUND ;5
(V) C
REATE MODEL REVENUE SCENARIOS ;6
(VI) P
ROVIDE OPTIONS AND RECOMMENDATIONS FOR BALANCING7
PROGRAM REVENUES AND EXPENDITURES IN THE MANNER MOST8
EQUITABLE FOR STUDENTS AND SCHOOL FOOD AUTHORITIES ; AND9
(VII) D
RAFT A REPORT PURSUANT TO SUBSECTION (7)(d) OF THIS10
SECTION WITH LEGISLATIVE AND ADMINISTRATIVE RECOMMENDATIONS .11
(b) (I) T
HE ADVISORY GROUP SHALL SOLICIT INPUT FROM12
STAKEHOLDERS AND THE PUBLIC TO DIRECT THE ADVISORY GROUP 'S WORK.13
(II) L
EGISLATIVE COUNCIL STAFF AND JOINT BUDGET COMMITTEE14
STAFF SHALL PROVIDE TECHNICAL SUPPORT TO THE ADVISORY GROUP .15
(III) T
HE DEPARTMENT SHALL COLLABORATE WITH THE ADVISORY16
GROUP TO OBTAIN THE CONTRACTUAL SERVICES NECESSARY FOR THE17
ADVISORY GROUP'S WORK.18
(c) I
N JUNE 2024 AND SEPTEMBER 2024, THE ADVISORY GROUP19
SHALL SUBMIT A STATUS REPORT TO THE JOINT BUDGET COMMITTEE ON20
THE PROGRESS OF THE ADVISORY GROUP 'S WORK.21
(d) (I) O
N OR BEFORE DECEMBER 1, 2024, THE ADVISORY GROUP22
SHALL SUBMIT A REPORT SUMMARIZING THE ADVISORY GROUP 'S WORK23
DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION TO THE EDUCATION24
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR25
ANY SUCCESSOR COMMITTEES ; THE JOINT BUDGET COMMITTEE; THE STATE26
BOARD; AND THE GOVERNOR.27
HB24-1390
-6- (II) IN DECEMBER 2024, THE DEPARTMENT SHALL PRESENT THE1
ADVISORY GROUP'S REPORT DESCRIBED IN SUBSECTION (7)(d)(I) OF THIS2
SECTION TO THE JOINT BUDGET COMMITTEE .3
(III) I
N JANUARY 2025, THE DEPARTMENT SHALL INCLUDE AS PART4
OF ITS PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY5
SECTION 2-7-203 INFORMATION CONCERNING THE PROGRAM AND THE6
REPORT DESCRIBED IN SUBSECTION (7)(d)(I) OF THIS SECTION.7
(e) A
S USED IN THIS SUBSECTION , UNLESS THE CONTEXT8
OTHERWISE REQUIRES, "HEALTHY SCHOOL MEALS FOR ALL PROGRAM9
TECHNICAL ADVISORY GROUP " OR "ADVISORY GROUP" MEANS THE10
HEALTHY SCHOOL MEALS FOR ALL PROGRAM TECHNICAL ADVISORY GROUP11
CREATED IN THIS SUBSECTION (7).12
(f) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JULY 1, 2025.13
SECTION 4. In Colorado Revised Statutes, 22-82.9-205, amend14
(5) as follows:15
22-82.9-205. Local food purchasing grant - amount - advisory16
committee - verification of invoices. (5) S
UBJECT TO AVAILABLE17
APPROPRIATIONS, this section is effective beginning in the first full budget
18
year after the state of Colorado is certified to participate in the federal19
demonstration project for direct certification for children receiving20
medicaid benefits as provided in section 22-82.9-204 (4) and begins21
including medicaid direct certification in determining school districts'22
identified student percentages 2025-26 BUDGET YEAR.23
SECTION 5. In Colorado Revised Statutes, 22-82.9-206, amend24
(2) as follows:25
22-82.9-206. School meals food preparation and service26
employees - wage increase or stipend. (2) S
UBJECT TO AVAILABLE27
HB24-1390
-7- APPROPRIATIONS, this section is effective beginning in the first full budget1
year after the state of Colorado is certified to participate in the federal2
demonstration project for direct certification for children receiving3
medicaid benefits as provided in section 22-82.9-204 (4) and begins4
including medicaid direct certification in determining school districts'5
identified student percentages 2025-26 BUDGET YEAR.6
SECTION 6. In Colorado Revised Statutes, 22-82.9-207, amend7
(4) as follows:8
22-82.9-207. Local school food purchasing technical assistance9
and education grant program - created - report. (4) S
UBJECT TO10
AVAILABLE APPROPRIATIONS, this section is effective beginning in the11
first full budget year after the state of Colorado is certified to participate
12
in the federal demonstration project for direct certification for children13
receiving medicaid benefits as provided in section 22-82.9-204 (4) and14
begins including medicaid direct certification in determining school15
districts' identified student percentages 2025-26 BUDGET YEAR.16
SECTION 7. In Colorado Revised Statutes, 22-82.9-208, amend17
(2) as follows:18
22-82.9-208. Report - audit. (2) (a) The department shall19
contract with an independent auditor to conduct a biennial financial and20
performance audit of the implementation of the program, including21
implementation of section 22-82.9-204 and including implementation of22
local food purchasing grants pursuant to section 22-82.9-205,23
distributions for the increase in wages or provision of stipends pursuant24
to section 22-82.9-206, and implementation of the local school food25
purchasing technical assistance and education grant program pursuant to26
section 22-82.9-207, to the extent said sections are in effect as provided27
HB24-1390
-8- in section 22-82.9-204 (4)(b). BEGINNING DECEMBER 1, 2027, the audit1
of the two budget years in each biennial cycle must be completed by2
December 1 of the following budget year. The department shall make the3
audit easily accessible by the public on the department website.4
(b) A
NY APPROPRIATION TO THE DEPARTMENT FOR PURPOSES OF5
AN AUDIT THAT IS NOT EXPENDED IN A BUDGET YEAR IS FURTHER6
APPROPRIATED TO THE DEPARTMENT THROUGH THE CLOSE OF THE7
FOLLOWING BUDGET YEAR FOR THE SAME PURPOSES .8
SECTION 8. In Colorado Revised Statutes, amend 22-82.9-2099
as follows:10
22-82.9-209. Program - funding. (1) For the 2023-24 budget11
year and for each budget year thereafter, the general assembly shall12
appropriate to the department, by separate line items in the annual general13
appropriation bill, the amount necessary to implement the program,14
including the amount required to reimburse participating school food15
authorities for eligible meals provided to students pursuant to section16
22-82.9-204, and including the amount distributed as local food17
purchasing grants pursuant to section 22-82.9-205,
SUBJECT TO18
AVAILABLE APPROPRIATIONS , AND the amount distributed pursuant to19
section 22-82.9-206 to increase the wages or provide stipends for staff20
who prepare and serve school meals, and at least five million dollars
21
annually to implement the local school food purchasing technical22
assistance and education grant program pursuant to section 22-82.9-207,23
to the extent said sections are in effect as provided in section 22-82.9-20424
(4)(b) SUBJECT TO AVAILABLE APPROPRIATIONS . The department may25
expend not more than one and five-tenths percent of the total amount26
annually appropriated pursuant to this section to offset the direct and27
HB24-1390
-9- indirect costs incurred by the department in implementing this part 2.1
(2) F
OR THE 2023-24 BUDGET YEAR AND THE 2024-25 BUDGET2
YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM THE3
STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF4
THE STATE CONSTITUTION TO COVER PROGRAM COSTS FOR WHICH THERE5
IS NOT SUFFICIENT MONEY IN THE HEALTHY SCHOOL MEALS FOR ALL CASH6
FUND.7
SECTION 9. In Colorado Revised Statutes, 22-82.9-210, amend8
(1)(a), (2), (3)(a) introductory portion, (3)(b), (4)(a), (4)(b), (5), and9
(6)(a); and repeal (7) as follows:10
22-82.9-210. Healthy school meals for all program cash fund11
- creation - uses - reporting requirements - definitions. (1) As used in12
this section, unless the context otherwise requires:13
(a) "Account"
"CASH FUND" means the healthy school meals for14
all program general fund exempt account CASH FUND created in this15
section.16
(2) The healthy school meals for all program general fund exempt17
account is hereby created in the general fund. The account CASH FUND IS18
CREATED IN THE STATE TREASURY . THE CASH FUND consists of healthy19
school meals for all program revenue deposited in the account CASH FUND20
in accordance with subsection (4)(a) of this section. The state treasurer21
shall credit all interest and income derived from the deposit and22
investment of money in the healthy school meals for all program general23
fund exempt account to the account CASH FUND TO THE CASH FUND.24
(3) (a) Subject to annual appropriation by the general assembly,25
the department may expend money from the account CASH FUND for the26
following purposes:27
HB24-1390
-10- (b) Money in the account shall CASH FUND MUST only be used for1
the purposes described in subsections (3)(a)(II) and (3)(a)(IV) of this2
section if the sum of the annual tax year revenue recorded in the account3
CASH FUND and the balance in the account CASH FUND, as calculated4
pursuant to subsection (4) of this section, is greater than, or is anticipated5
to be greater than, the annual expenditure anticipated to be required for6
the purposes described in subsections (3)(a)(I), (3)(a)(III), and (3)(a)(V)7
of this section.8
(4) (a) The department of revenue shall, on a monthly basis,9
record revenues and deposit money to the account CASH FUND in a manner10
that is aligned with exempt revenues determined pursuant to subsection11
(4)(b) of this section.12
(b) The department of revenue shall, on a monthly basis, report13
the amount of program revenue identified from tax returns to the office14
of state planning and budgeting and the legislative council staff. The15
office of state planning and budgeting shall calculate the amount of16
healthy school meals for all program revenue both projected to be17
received and actually received by the department of revenue based on18
income tax return data and other relevant factors. The office of state19
planning and budgeting shall also identify, in collaboration with the20
department of revenue, the revenue to be recorded and deposited on a21
monthly basis by the department of revenue in the account CASH FUND22
pursuant to subsection (4)(a) of this section, and the total revenue to be23
recorded and deposited by the department of revenue in the account CASH24
FUND for the fiscal year.25
(5) If the department determines that there is an insufficient26
amount of money in the account CASH FUND to provide for an expenditure27
HB24-1390
-11- authorized by the annual appropriation from the account CASH FUND for1
the purposes described in subsections (3)(a)(I) and (3)(a)(III) of this2
section, the department may make the expenditure from the general fund.3
(6) In its annual submission of the state department's budget4
request to the joint budget committee, the office of state planning and5
budgeting shall report:6
(a) The total amount of expenditures from the account CASH FUND7
made pursuant to subsection (3) of this section; and8
(7) (a) Pursuant to section 24-75-201 (2)(c), any unrestricted9
balance remaining in the account at the end of any fiscal year shall not be10
designated as a part of the general fund surplus.11
(b) Pursuant to section 24-75-201.1 (2)(e), appropriations for12
expenditures from the account shall be excluded from the basis for the13
calculation of the general fund reserve.14
SECTION 10. In Colorado Revised Statutes, add part 3 to article15
82.9 of title 22 as follows:16
PART 317
LOCAL SCHOOL FOOD18
PURCHASING PROGRAMS19
22-82.9-301. Definitions. A
S USED IN THIS PART 3, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
(1) "C
OLORADO GROWN , RAISED, OR PROCESSED PRODUCTS "22
MEANS ALL FRUITS, VEGETABLES, GRAINS, MEATS, AND DAIRY PRODUCTS,23
EXCEPT LIQUID MILK, GROWN OR RAISED IN COLORADO, AND MINIMALLY24
PROCESSED PRODUCTS OR VALUE -ADDED PROCESSED PRODUCTS THAT25
MEET THE STANDARDS FOR THE COLORADO PROUD DESIGNATION ,26
ESTABLISHED BY THE COLORADO DEPARTMENT OF AGRICULTURE , EVEN IF27
HB24-1390
-12- THE PRODUCT DOES NOT HAVE THE COLORADO PROUD DESIGNATION .1
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION2
CREATED PURSUANT TO SECTION 24-1-115.3
(3) "L
OCAL SCHOOL FOOD PURCHASING PROGRAM " OR4
"
PURCHASING PROGRAM " MEANS THE LOCAL SCHOOL FOOD PURCHASING5
PROGRAM CREATED IN SECTION 22-82.9-302.6
(4) "M
INIMALLY PROCESSED PRODUCTS " MEANS RAW OR FROZEN7
FABRICATED PRODUCTS ; PRODUCTS THAT RETAIN THEIR INHERENT8
CHARACTER, SUCH AS SHREDDED CARROTS OR DICED ONIONS ; AND DRIED9
PRODUCTS, SUCH AS BEANS, BUT DOES NOT INCLUDE ANY PRODUCTS THAT10
ARE HEATED, COOKED, OR CANNED.11
(5) "N
ATIONAL SCHOOL LUNCH PROGRAM " MEANS THE FEDERAL12
SCHOOL LUNCH PROGRAM CREATED IN THE "RICHARD B. RUSSELL13
N
ATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ., AS14
AMENDED.15
(6) "P
ARTICIPATING PROVIDER" MEANS A SCHOOL DISTRICT ;16
DISTRICT CHARTER SCHOOL ; INSTITUTE CHARTER SCHOOL ; BOARD OF17
COOPERATIVE SERVICES; COLORADO SCHOOL FOR THE DEAF AND THE18
BLIND, ESTABLISHED IN SECTION 22-80-102; APPROVED FACILITY SCHOOL19
OR FACILITY, AS DEFINED IN SECTION 22-2-402; OR RESIDENTIAL OR DAY20
TREATMENT CHILD CARE FACILITY, AS DEFINED IN SECTION 26-6-903, THAT21
PARTICIPATES IN THE FEDERAL NATIONAL SCHOOL LUNCH PROGRAM AND22
THAT HAS BEEN SELECTED BY THE DEPARTMENT TO PARTICIPATE IN THE23
LOCAL SCHOOL FOOD PURCHASING PROGRAM PURSUANT TO SECTION24
22-82.9-302 (2)(b).25
(7) "S
TATE BOARD" MEANS THE STATE BOARD OF EDUCATION26
CREATED AND EXISTING PURSUANT TO SECTION 1 OF ARTICLE IX OF THE27
HB24-1390
-13- STATE CONSTITUTION.1
(8) "T
ECHNICAL ASSISTANCE AND EDUCATION PROGRAM " MEANS2
THE LOCAL SCHOOL FOOD PURCHASING TECHNICAL ASSISTANCE AND3
EDUCATION GRANT PROGRAM CREATED PURSUANT TO SECTION4
22-82.9-303.5
(9) "V
ALUE-ADDED PROCESSED PRODUCTS " MEANS PRODUCTS6
THAT ARE ALTERED FROM THEIR UNPROCESSED OR MINIMALLY PROCESSED7
STATE THROUGH PRESERVATION TECHNIQUES , INCLUDING COOKING,8
BAKING, OR CANNING.9
22-82.9-302. Local school food purchasing program - creation10
- rules. (1) T
HE LOCAL SCHOOL FOOD PURCHASING PROGRAM IS CREATED11
IN THE DEPARTMENT TO REIMBURSE PARTICIPATING PROVIDERS FOR THE12
PURCHASE OF COLORADO GROWN , RAISED, OR PROCESSED PRODUCTS13
PURSUANT TO THIS SECTION.14
(2) (a) A
SCHOOL DISTRICT, DISTRICT CHARTER SCHOOL, INSTITUTE15
CHARTER SCHOOL, BOARD OF COOPERATIVE SERVICES , THE COLORADO16
SCHOOL FOR THE DEAF AND THE BLIND , AN APPROVED FACILITY SCHOOL17
OR FACILITY, OR A RESIDENTIAL CHILD CARE FACILITY MAY APPLY TO THE18
DEPARTMENT TO PARTICIPATE IN THE PURCHASING PROGRAM TO RECEIVE19
REIMBURSEMENT FOR PURCHASE OF COLORADO GROWN , RAISED, OR20
PROCESSED PRODUCTS PURSUANT TO THIS SECTION .21
(b) (I) T
HE DEPARTMENT SHALL SELECT PARTICIPATING PROVIDERS22
THAT SERVED FEWER THAN TWO MILLION ONE HUNDRED FIFTY THOUSAND23
SCHOOL LUNCHES IN THE 2023-24 SCHOOL YEAR. THE DEPARTMENT SHALL24
CREATE A FORM FOR PARTICIPATING PROVIDERS TO TRACK AND REPORT25
THE COLORADO GROWN, RAISED, OR PROCESSED PRODUCTS PURCHASED .26
(II) T
HE DEPARTMENT SHALL GIVE PREFERENCE TO APPLICANTS27
HB24-1390
-14- THAT:1
(A) D
EMONSTRATE A COMMITMENT TO LOCAL PURCHASING OR2
FOOD AND AGRICULTURAL EDUCATION ;3
(B) H
AVE A KITCHEN WITH THE ABILITY TO STORE, PREPARE, AND4
SERVE LOCAL FOOD PRODUCTS ;5
(C) H
AVE GREATER THAN TWENTY -FIVE PERCENT OF THEIR6
STUDENTS ELIGIBLE FOR FREE OR REDUCED PRICE LUNCH PURSUANT TO7
THE NATIONAL SCHOOL LUNCH PROGRAM ;8
(D) S
ERVED FEWER THAN ONE MILLION TWO HUNDRED FIFTY9
THOUSAND SCHOOL LUNCHES IN THE 2023-24 SCHOOL YEAR COUNT; AND10
(E) S
ATISFY ANY OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED11
BY THE DEPARTMENT.12
(III) T
O THE EXTENT POSSIBLE, IN SELECTING PARTICIPATING13
PROVIDERS, THE DEPARTMENT SHALL ENSURE DIVERSITY IN GEOGRAPHIC14
LOCATION AND DISTRICT PUPIL COUNT.15
(c) O
N OR BEFORE AUGUST 1 OF THE YEAR FOLLOWING THE16
PARTICIPATING PROVIDER'S APPLICATION, THE PARTICIPATING PROVIDER17
SHALL TRACK AND REPORT TO THE DEPARTMENT FOR THE SCHOOL YEAR18
IN WHICH IT APPLIED, AND FOR THE 2023-24 SCHOOL YEAR, THE TOTAL19
AMOUNT OF COLORADO GROWN , RAISED, OR PROCESSED PRODUCTS IT20
PURCHASED FOR STUDENT MEALS AND THE TOTAL NUMBER OF LUNCHES21
THAT IT PROVIDED TO STUDENTS.22
(3) (a) I
N OCTOBER 2024, THE DEPARTMENT SHALL REIMBURSE23
EACH PARTICIPATING PROVIDER PARTICIPATING IN THE PURCHASING24
PROGRAM AT LEAST FIVE CENTS FOR EVERY SCHOOL LUNCH THAT THE25
PARTICIPATING PROVIDER PREPARED IN THE 2023-24 SCHOOL YEAR OR A26
MINIMUM OF ONE THOUSAND DOLLARS , WHICHEVER IS GREATER; EXCEPT27
HB24-1390
-15- THAT A PARTICIPATING PROVIDER IS NOT REIMBURSED FOR THE AMOUNT1
OF VALUE-ADDED PROCESSED PRODUCTS THAT EXCEEDS TWENTY -FIVE2
PERCENT OF THE TOTAL OF THE COLORADO GROWN , RAISED, OR3
PROCESSED PRODUCTS IT PURCHASED .4
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, THE5
MAXIMUM AMOUNT OF REIMBURSEMENTS THAT MAY BE AWARDED IN ANY6
YEAR IS FIVE HUNDRED THOUSAND DOLLARS .7
(4) R
EIMBURSEMENT PAYMENTS MADE PURSUANT TO THIS SECTION8
ACCRUE TO THE PARTICIPATING PROVIDER 'S NONPROFIT SCHOOL FOOD9
ACCOUNT.10
(5) (a) T
HE STATE BOARD IS AUTHORIZED TO ADOPT RULES TO11
IMPLEMENT THE PURCHASING PROGRAM .12
(b) T
HE DEPARTMENT IS AUTHORIZED TO MONITOR THE13
PURCHASING PROGRAM TO ENSURE PROGRAM INTEGRITY .14
(c) T
HE DEPARTMENT SHALL CREATE , DISTRIBUTE, AND COLLECT15
PRODUCER AND PARTICIPATING PROVIDER SURVEYS REQUIRED PURSUANT16
TO SECTION 22-82.9-304.17
(6) I
F IN ANY STATE BUDGET YEAR THE DEPARTMENT DOES NOT18
EXPEND OR ENCUMBER THE FULL AMOUNT OF THE APPROPRIATION FOR THE19
PURCHASING PROGRAM , UP TO FIVE PERCENT OF THE APPROPRIATION IS20
AVAILABLE TO THE DEPARTMENT IN THE NEXT STATE BUDGET YEAR TO21
PAY FOR THE EVALUATION REQUIRED PURSUANT TO SECTION 22-82.9-304.22
22-82.9-303. Local school food purchasing technical assistance23
and education grant program - creation - report. (1) T
HE LOCAL24
SCHOOL FOOD PURCHASING TECHNICAL ASSISTANCE AND EDUCATION25
GRANT PROGRAM IS CREATED IN THE DEPARTMENT . THE PURPOSE OF THE26
TECHNICAL ASSISTANCE AND EDUCATION PROGRAM IS TO ISSUE A GRANT27
HB24-1390
-16- TO A STATEWIDE NONPROFIT ORGANIZATION TO DEVELOP AND MANAGE A1
GRANT PROGRAM TO ASSIST WITH THE PROMOTION OF COLORADO GROWN,2
RAISED, OR PROCESSED PRODUCTS TO PARTICIPATING PROVIDERS .3
(2) S
UBJECT TO AVAILABLE APPROPRIATIONS , THE NONPROFIT4
ORGANIZATION MAY AWARD GRANTS FOR THE FOLLOWING :5
(a) T
RAINING, TECHNICAL ASSISTANCE , AND PHYSICAL6
INFRASTRUCTURE GRANTS TO PARTICIPATING PROVIDERS , GROWER7
ASSOCIATIONS, OR OTHER ORGANIZATIONS THAT AGGREGATE PRODUCTS8
FROM PRODUCERS FOR:9
(I) P
ROFESSIONAL CONTRACTING SERVICES TO SUPPORT THE10
DEVELOPMENT AND SUSTAINABILITY OF LOCAL AND REGIONAL FOOD11
SYSTEMS;12
(II) C
HEF TRAINING ON FOOD HANDLING AND PROCUREMENT13
PRACTICES AND SMALL KITCHEN EQUIPMENT PURCHASES ;14
(III) G
OOD AGRICULTURAL PRACTICES CERTIFICATION COSTS AND15
GOOD HANDLING PRACTICES CERTIFICATION COSTS AND TRAINING ON16
SELLING TO SCHOOLS; AND17
(IV) C
APACITY BUILDING FOR LOCAL VALUE -ADDED PROCESSED18
PRODUCTS; AND19
(b) E
DUCATION, OUTREACH, AND PROMOTION FOR:20
(I) S
CHOOLS TO ENGAGE FAMILIES AND COMMUNITIES AR OUND THE21
BENEFITS OF FARM-TO-SCHOOL AND WAYS TO SUPPORT FARM -TO-SCHOOL;22
AND23
(II) G
ROWER ASSOCIATIONS AND GROWERS TO COMMUNICATE TO24
SCHOOLS AND SCHOOL COMMUNITIES ABOUT THE MULTIPLE BENEFITS OF25
PURCHASING LOCAL PRODUCTS .26
(3) T
HE NONPROFIT ORGANIZATION SHALL ANNUALLY REPORT TO27
HB24-1390
-17- THE DEPARTMENT ON THE TECHNICAL ASSISTANCE AND EDUCATION1
PROGRAM, INCLUDING:2
(a) T
HE NUMBER AND TYPES OF ENTITIES RECEIVING GRANTS ;3
(b) T
HE NUMBER, TYPES, AND PURPOSES OF THE GRANTS AWARDED4
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION; AND5
(c) T
HE TYPES OF EDUCATION AND OUTREACH CONDUCTED BY6
PARTICIPATING PROVIDERS AND OTHERS PURSUANT TO SUBSECTION (2)(b)7
OF THIS SECTION.8
22-82.9-304. Evaluation - report. (1) O
N OR BEFORE DECEMBER9
1,
2025, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE EDUCATION10
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , THE11
HOUSE OF REPRESENTATIVES AGRICULTURE , WATER, AND NATURAL12
RESOURCES COMMITTEE , THE SENATE AGRICULTURE AND NATURAL13
RESOURCES COMMITTEE , OR THEIR SUCCESSOR COMMITTEES , ON THE14
EFFECT OF THE PURCHASING PROGRAM ON THE AMOUNT OF COLORADO15
GROWN, RAISED, OR PROCESSED PRODUCTS PURCHASED BY PARTICIPATING16
PROVIDERS, INCLUDING:17
(a) N
AMES AND DEMOGRAPHIC DATA OF PARTICIPATING18
PROVIDERS;19
(b) T
HE DOLLAR AMOUNT SPENT ON COLORADO GROWN, RAISED,20
OR PROCESSED PRODUCTS DURING THE PURCHASING PROGRAM , INCLUDING21
LOCAL PURCHASING DATA FROM THE 2023-24 SCHOOL YEAR, THAT THE22
PARTICIPATING PROVIDER INCLUDED IN THE APPLICATION TO THE23
PURCHASING PROGRAM ;24
(c) P
RODUCT CATEGORIES PURCHASED ;25
(d) N
UMBER OF COLORADO PRODUCERS OR BUSINESSES26
PARTICIPATING BY PARTICIPATING PROVIDER AND IN TOTAL ;27
HB24-1390
-18- (e) ECONOMIC EFFECT ON PARTICIPATING PROVIDERS , PRODUCERS,1
AND ECONOMIES; AND2
(f) Q
UALITATIVE PRODUCER AND PARTICIPATING PROVIDER3
SURVEYS.4
22-82.9-305. Program funding - state education fund.5
P
URCHASING NUTRITIOUS FOODS FROM COLORADO'S FOOD SYSTEMS,6
INCLUDING LOCAL FARMERS AND RANCHERS , SUPPORTS STUDENTS '7
NUTRITION AND PROVIDES QUALITY MEALS TO BOOST THE HEALTH AND8
WELL-BEING OF COLORADO STUDENTS, AND IS AN IMPORTANT COMPONENT9
OF AN ACCOUNTABLE EDUCATION PROGRAM TO MEET STATE ACADEMIC10
STANDARDS, AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE11
EDUCATION FUND CREATED SECTION 17 (4) OF ARTICLE IX OF THE STATE12
CONSTITUTION.13
22-82.9-306. Repeal of part. T
HIS PART 3 IS REPEALED, EFFECTIVE14
J
ULY 1, 2026.15
SECTION 11. In Colorado Revised Statutes, 24-75-109, amend16
(1)(f) as follows:17
24-75-109. Controller may allow expenditures in excess of18
appropriations - limitations - appropriations for subsequent fiscal19
year restricted - repeal. (1) For the purpose of closing the state's books,20
and subject to the provisions of this section, the controller may, on or21
after May 1 of any fiscal year and before the forty-fifth day after the close22
thereof, upon approval of the governor, allow any department, institution,23
or agency of the state, including any institution of higher education, to24
make an expenditure in excess of the amount authorized by an item of25
appropriation for such fiscal year if:26
(f) The overexpenditure is by the department of education for27
HB24-1390
-19- either:1
(I) Providing reimbursements to a participating school food2
authority for offering eligible meals without charge, pursuant to section3
22-82.9-204 (1)(b); or4
(II) Distributing money to a participating school food authority to5
increase wages or provide stipends for individuals whom the participating6
school food authority employs to directly prepare and serve food for7
school meals, pursuant to section 22-82.9-206 (1). PROVIDING8
REIMBURSEMENTS TO A PARTICIPATING SCHOOL FOOD AUTHORITY FOR9
OFFERING ELIGIBLE MEALS WITHOUT CHARGE , PURSUANT TO SECTION10
22-82.9-204 (1)(b).11
SECTION 12. In Colorado Revised Statutes, 24-75-201, repeal12
(2)(c) as follows:13
24-75-201. General fund - general fund surplus - custodial14
money. (2) (c) Any unrestricted balance remaining in the healthy school15
meals for all program general fund exempt account created in section16
22-82.9-210 (2) at the end of any fiscal year shall not be designated as17
part of the general fund surplus.18
SECTION 13. In Colorado Revised Statutes, 24-75-201.1, repeal19
(2)(e) as follows:20
24-75-201.1. Restriction on state appropriations - legislative21
declaration - definitions. (2) The basis for the calculation of the reserve22
as specified in this section includes all appropriations for expenditure23
from the general fund for such fiscal year, except for any appropriations24
for:25
(e) Expenditures from the healthy school meals for all program26
general fund exempt account created in section 22-82.9-210 (2).27
HB24-1390
-20- SECTION 14. Safety clause. The general assembly finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety or for appropriations for3
the support and maintenance of the departments of the state and state4
institutions.5
HB24-1390
-21-