Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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, AND, IN102
CONNECTION THEREWITH , MAKING AND REDUCING AN103
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/
.)
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
HOUSE
Amended 2nd Reading
March 28, 2024
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. department determines participation in a statewide community eligibility
provision will maximize federal funding.
The bill requires the department to annually establish options for,
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
1390
-2- in excess of the appropriated amount to participating school food
authorities for the wage increase or stipend program.
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 STATE 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
1390-3- board. At a minimum, the notice must include evidence that the school1
food authority is participating in the community eligibility provision as2
required in subsection (3) of this section PROVISIONAL PROGRAMMING IF3
DEEMED NECESSARY BY THE DEPARTMENT . THE DEPARTMENT MAY4
REQUIRE SCHOOL FOOD AUTHORITY MODIFICATIONS TO THE PROGRAM5
THROUGHOUT THE YEAR TO MAXIMIZE A SCHOOL FOOD AUTHORITY 'S6
FEDERAL REIMBURSEMENTS AS DEEMED NECESSARY BY THE DEPARTMENT .7
(3) (a) If the United States department of agriculture creates the8
option for the state, as a whole, to participate in the community eligibility9
provision, the department shall participate in the option and shall work10
with school food authorities and the necessary state and local departments11
to collect data and implement the community eligibility provision12
statewide,
IF THE DEPARTMENT DETERMINES PARTICIPATION IN THE13
STATEWIDE COMMUNITY ELIGIBILITY PROVISION MAXIMIZES FEDERAL14
FUNDING. Until such time as Colorado participates in the community15
eligibility provision as a state, each participating school food authority,16
as a condition of participating in the program, must maximize the amount17
of federal reimbursement by
THE SCHOOL FOOD AUTHORITY RECEIVES ,18
INCLUDING, BUT NOT LIMITED TO , participating in PROVISIONAL19
PROGRAMS, INCLUDING the community eligibility provision for all schools20
that qualify, for the community eligibility provision and that the21
participating school food authority serves SUBJECT TO DETERMINATION BY22
THE DEPARTMENT THAT THE SCHOOL FOOD AUTHORITY 'S PARTICIPATION23
MAXIMIZES FEDERAL REIMBURSEMENT .24
(b) A
NNUALLY, THE DEPARTMENT SHALL ESTABLISH OPTIONS FOR ,25
AND COMMUNICATE THE OPTIONS TO , EACH SCHOOL FOOD AUTHORITY TO26
MAXIMIZE FEDERAL FUNDING. A SCHOOL FOOD AUTHORITY THAT CHOOSES27
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-4- AN OPTION OTHER THAN THE OPTIONS ESTABLISHED BY THE DEPARTMENT1
SHALL NOT RECEIVE HEALTHY SCHOOL MEALS FOR ALL PROGRAM FUNDING2
AND MUST USE OTHER ELIGIBLE FUNDING SOURCES TO COVER THE COSTS3
OF SERVING FREE MEALS TO ALL STUDENTS AT THE SCHOOLS OF THE4
SCHOOL FOOD AUTHORITY .5
(4) (b) S
UBJECT TO AVAILABLE APPROPRIATIONS , implementation6
of sections 22-82.9-205 to 22-82.9-207 is conditional upon the state of
7
Colorado being certified to participate in the demonstration project for8
direct certification for children receiving medicaid benefits that is9
operated pursuant to 42 U.S.C. sec. 1758 (b)(15) EFFECTIVE BEGINNING10
IN THE 2025-26 BUDGET YEAR.11
(6) (a) O
N OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL12
CREATE A POLICY FOR SCHOOL FOOD AUTHORITIES TO MAXIMIZE THE13
COLLECTION OF HOUSEHOLD INCOME APPLICATION FORMS FOR THE14
NATIONAL SCHOOL LUNCH PROGRAM TO INCREASE FEDERAL FUNDING FOR15
THE PROGRAM.16
(b) S
CHOOL FOOD AUTHORITIES THAT CHOOSE TO PARTICIPATE IN17
THE PROGRAM SHALL COMPLY WITH THE POLICY DESCRIBED IN18
SUBSECTION (6)(a) OF THIS SECTION TO MAXIMIZE THE COLLECTION OF19
HOUSEHOLD INCOME APPLICATION FORMS FOR THE NATIONAL SCHOOL20
LUNCH PROGRAM.21
(7) (a) T
HE HEALTHY SCHOOL MEALS FOR ALL PROGRAM22
TECHNICAL ADVISORY GROUP IS CREATED IN THE DEPARTMENT . AS SOON23
AS PRACTICABLE, THE DEPARTMENT SHALL CONVENE THE ADVISORY24
GROUP AND THE ADVISORY GROUP SHALL COLLABORATE WITH SCHOOL25
DISTRICTS, THE OFFICE OF STATE PLANNING AND BUDGETING , AND OTHER26
INTERESTED PARTIES TO:27
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-5- (I) IDENTIFY WAYS TO MAXIMIZE FEDERAL REIMBURSEMENTS ;1
(II) R
EDUCE COSTS OF THE PROGRAM ;2
(III) R
EVIEW COST-SAVINGS OPTIONS, INCLUDING MINIMIZING3
FOOD WASTE;4
(IV) S
TRENGTHEN THE LONG-TERM RESILIENCY OF THE HEALTHY5
SCHOOL MEALS FOR ALL CASH FUND ;6
(V) C
REATE MODEL REVENUE SCENARIOS ;7
(VI) P
ROVIDE OPTIONS AND RECOMMENDATIONS FOR BALANCING8
PROGRAM REVENUES AND EXPENDITURES IN THE MANNER MOST9
EQUITABLE FOR STUDENTS AND SCHOOL FOOD AUTHORITIES ; AND10
(VII) D
RAFT A REPORT PURSUANT TO SUBSECTION (7)(d) OF THIS11
SECTION WITH LEGISLATIVE AND ADMINISTRATIVE RECOMMENDATIONS .12
(b) (I) T
HE ADVISORY GROUP SHALL SOLICIT INPUT FROM13
STAKEHOLDERS AND THE PUBLIC TO DIRECT THE ADVISORY GROUP 'S WORK.14
(II) L
EGISLATIVE COUNCIL STAFF AND JOINT BUDGET COMMITTEE15
STAFF SHALL PROVIDE TECHNICAL SUPPORT TO THE ADVISORY GROUP .16
(III) T
HE DEPARTMENT SHALL COLLABORATE WITH THE ADVISORY17
GROUP TO OBTAIN THE CONTRACTUAL SERVICES NECESSARY FOR THE18
ADVISORY GROUP'S WORK.19
(c) I
N JUNE 2024 AND SEPTEMBER 2024, THE ADVISORY GROUP20
SHALL SUBMIT A STATUS REPORT TO THE JOINT BUDGET COMMITTEE ON21
THE PROGRESS OF THE ADVISORY GROUP 'S WORK.22
(d) (I) O
N OR BEFORE DECEMBER 1, 2024, THE ADVISORY GROUP23
SHALL SUBMIT A REPORT SUMMARIZING THE ADVISORY GROUP 'S WORK24
DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION TO THE EDUCATION25
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR26
ANY SUCCESSOR COMMI TTEES ; THE JOINT BUDGET COMMITTEE; THE STATE27
1390
-6- BOARD; AND THE GOVERNOR.1
(II) I
N DECEMBER 2024, THE DEPARTMENT SHALL PRESENT THE2
ADVISORY GROUP'S REPORT DESCRIBED IN SUBSECTION (7)(d)(I) OF THIS3
SECTION TO THE JOINT BUDGET COMMITTEE .4
(III) I
N JANUARY 2025, THE DEPARTMENT SHALL INCLUDE AS PART5
OF ITS PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY6
SECTION 2-7-203 INFORMATION CONCERNING THE PROGRAM AND THE7
REPORT DESCRIBED IN SUBSECTION (7)(d)(I) OF THIS SECTION.8
(e) A
S USED IN THIS SUBSECTION , UNLESS THE CONTEXT9
OTHERWISE REQUIRES, "HEALTHY SCHOOL MEALS FOR ALL PROGRAM10
TECHNICAL ADVISORY GROUP " OR "ADVISORY GROUP" MEANS THE11
HEALTHY SCHOOL MEALS FOR ALL PROGRAM TECHNICAL ADVISORY GROUP12
CREATED IN THIS SUBSECTION (7).13
(f) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JULY 1, 2025.14
SECTION 4. In Colorado Revised Statutes, 22-82.9-205, amend15
(5) as follows:16
22-82.9-205. Local food purchasing grant - amount - advisory17
committee - verification of invoices. (5) S
UBJECT TO AVAILABLE18
APPROPRIATIONS, this section is effective beginning in the first full budget
19
year after the state of Colorado is certified to participate in the federal20
demonstration project for direct certification for children receiving21
medicaid benefits as provided in section 22-82.9-204 (4) and begins22
including medicaid direct certification in determining school districts'23
identified student percentages 2025-26 BUDGET YEAR.24
SECTION 5. In Colorado Revised Statutes, 22-82.9-206, amend25
(2) as follows:26
22-82.9-206. School meals food preparation and service27
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-7- employees - wage increase or stipend. (2) S UBJECT TO AVAILABLE1
APPROPRIATIONS, this section is effective beginning in the first full budget2
year after the state of Colorado is certified to participate in the federal3
demonstration project for direct certification for children receiving4
medicaid benefits as provided in section 22-82.9-204 (4) and begins5
including medicaid direct certification in determining school districts'6
identified student percentages 2025-26 BUDGET YEAR.7
SECTION 6. In Colorado Revised Statutes, 22-82.9-207, amend8
(4) as follows:9
22-82.9-207. Local school food purchasing technical assistance10
and education grant program - created - report. (4) S
UBJECT TO11
AVAILABLE APPROPRIATIONS, this section is effective beginning in the12
first full budget year after the state of Colorado is certified to participate
13
in the federal demonstration project for direct certification for children14
receiving medicaid benefits as provided in section 22-82.9-204 (4) and15
begins including medicaid direct certification in determining school16
districts' identified student percentages 2025-26 BUDGET YEAR.17
SECTION 7. In Colorado Revised Statutes, 22-82.9-208, amend18
(2) as follows:19
22-82.9-208. Report - audit. (2) (a) The department shall20
contract with an independent auditor to conduct a biennial financial and21
performance audit of the implementation of the program, including22
implementation of section 22-82.9-204 and including implementation of23
local food purchasing grants pursuant to section 22-82.9-205,24
distributions for the increase in wages or provision of stipends pursuant25
to section 22-82.9-206, and implementation of the local school food26
purchasing technical assistance and education grant program pursuant to27
1390
-8- section 22-82.9-207, to the extent said sections are in effect as provided1
in section 22-82.9-204 (4)(b). B
EGINNING DECEMBER 1, 2027, the audit2
of the two budget years in each biennial cycle must be completed by3
December 1 of the following budget year. The department shall make the4
audit easily accessible by the public on the department website.5
(b) A
NY APPROPRIATION TO THE DEPARTMENT FOR PURPOSES OF6
AN AUDIT THAT IS NOT EXPENDED IN A BUDGET YEAR IS FURTHER7
APPROPRIATED TO THE DEPARTMENT THROUGH THE CLOSE OF THE8
FOLLOWING BUDGET YEAR FOR THE SAME PURPOSES .9
SECTION 8. In Colorado Revised Statutes, amend 22-82.9-20910
as follows:11
22-82.9-209. Program - funding. (1) For the 2023-24 budget12
year and for each budget year thereafter, the general assembly shall13
appropriate to the department, by separate line items in the annual general14
appropriation bill, the amount necessary to implement the program,15
including the amount required to reimburse participating school food16
authorities for eligible meals provided to students pursuant to section17
22-82.9-204, and including the amount distributed as local food18
purchasing grants pursuant to section 22-82.9-205,
SUBJECT TO19
AVAILABLE APPROPRIATIONS , AND the amount distributed pursuant to20
section 22-82.9-206 to increase the wages or provide stipends for staff21
who prepare and serve school meals, and at least five million dollars
22
annually to implement the local school food purchasing technical23
assistance and education grant program pursuant to section 22-82.9-207,24
to the extent said sections are in effect as provided in section 22-82.9-20425
(4)(b) SUBJECT TO AVAILABLE APPROPRIATIONS . The department may26
expend not more than one and five-tenths percent of the total amount27
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-9- annually appropriated pursuant to this section to offset the direct and1
indirect costs incurred by the department in implementing this part 2.2
(2) F
OR THE 2023-24 BUDGET YEAR AND THE 2024-25 BUDGET3
YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM THE4
STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF5
THE STATE CONSTITUTION TO COVER PROGRAM COSTS FOR WHICH THERE6
IS NOT SUFFICIENT MONEY IN THE HEALTHY SCHOOL MEALS FOR ALL CASH7
FUND.8
SECTION 9. In Colorado Revised Statutes, 22-82.9-210, add (8)9
and (9) as follows:10
22-82.9-210. Healthy school meals for all program general11
fund exempt account - creation - uses - reporting requirements -12
definitions - repeal. (8) ON JULY 1, 2024, THE STATE TREASURER SHALL13
TRANSFER THE BALANCE OF THE ACCOUNT TO THE HEALTHY SCHOOL14
MEALS FOR ALL PROGRAM CASH FUND CREATED IN SECTION 22-82.9-211.15
(9) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.16
SECTION 10. In Colorado Revised Statutes, add 22-82.9-211 as17
follows:18
22-82.9-211. Healthy school meals for all program cash fund19
- creation - uses - reporting requirements - definitions. (1) AS USED20
IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :21
(a) "CASH FUND" MEANS THE HEALTHY SCHOOL MEALS FOR ALL22
PROGRAM CASH FUND CREATED IN THIS SECTION .23
(b) "HEALTHY SCHOOL MEALS FOR ALL PROGRAM REVENUE"24
MEANS THE REVENUE GENERATED BY THE ADDITION TO FEDERAL T AXABLE25
INCOME IN SECTION 39-22-104 (3)(p.5), WHICH REVENUE IS A26
VOTER-APPROVED REVENUE CHANGE .27
1390
-10- (2) THE HEALTHY SCHOOL MEALS FOR ALL PROGRAM CASH FUND1
IS CREATED IN THE STATE TREASURY. THE CASH FUND CONSISTS OF2
HEALTHY SCHOOL MEALS FOR ALL PROGRAM REVENUE DEPOSITED IN THE3
CASH FUND IN ACCORDANCE WITH SUBSECTION (4)(a) OF THIS SECTION.4
THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED5
FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE CASH FUND TO THE6
CASH FUND.7
(3) (a) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL8
ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE CASH FUND9
FOR THE FOLLOWING PURPOSES:10
(I) PROVIDING REIMBURSEMENTS TO A PARTICIPATING SCHOOL11
FOOD AUTHORITY FOR OFFERING ELIGIBLE MEALS WITHOUT CHARGE12
PURSUANT TO SECTION 22-82.9-204 (1)(b);13
(II) AWARDING LOCAL FOOD PURCHASING GRANTS PURSUANT TO14
SECTION 22-82.9-205;15
(III) DISTRIBUTING MONEY TO A PARTICIPATING SCHOOL FOOD16
AUTHORITY TO INCREASE WAGES OR PROVIDE STIPENDS FOR INDIVIDUALS17
WHOM THE PARTICIPATING SCHOOL FOOD AUTHORITY EMPLOYS TO18
DIRECTLY PREPARE AND SERVE FOOD FOR SCHOOL MEALS PURSUANT TO19
SECTION 22-82.9-206 (1);20
(IV) AWARDING LOCAL SCHOOL FOOD PURCHASING TECHNICAL21
ASSISTANCE AND EDUCATION GRANTS PURSUANT TO SECTION 22-82.9-207;22
AND23
(V) THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THE24
PROGRAMS DESCRIBED IN THIS SUBSECTION (3)(a), SO LONG AS THESE25
COSTS DO NOT EXCEED ONE AND FIVE-TENTHS PERCENT OF THE TOTAL26
AMOUNT THE GENERAL ASSEMBLY ANNUALLY APPROPRIATES IN THE SAME27
1390
-11- FISCAL YEAR FOR THE OTHER PURPOSES DESCRIBED IN THIS SUBSECTION1
(3)(a).2
(b) MONEY IN THE CASH FUND SHALL NOT BE USED FOR THE3
PURPOSES DESCRIBED IN SUBSECTIONS (3)(a)(II), (3)(a)(III), AND4
(3)(a)(IV) OF THIS SECTION IF THE SUM OF THE ANNUAL TAX YEAR5
REVENUE RECORDED IN THE CASH FUND AND THE BALANCE IN THE CASH6
FUND, AS CALCULATED PURSUANT TO SUBSECTION (4) OF THIS SECTION, IS7
LESS THAN, OR IS ANTICIPATED TO BE LESS THAN, THE ANNUAL8
EXPENDITURE ANTICIPATED TO BE REQUIRED FOR THE PURPOSES9
DESCRIBED IN SUBSECTIONS (3)(a)(I) AND (3)(a)(V) OF THIS SECTION.10
(4) (a) THE DEPARTMENT OF REVENUE SHALL, ON A MONTHLY11
BASIS, RECORD REVENUES AND DEPOSIT MONEY IN THE CASH F UND IN A12
MANNER THAT IS ALIGNED WITH EXEMPT REVENUES DETERMINED13
PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION.14
(b) THE DEPARTMENT OF REVENUE SHALL, ON A MONTHLY BASIS,15
REPORT THE AMOUNT OF HEALTHY SCHOOL MEALS FOR ALL PROGRAM16
REVENUE IDENTIFIED FROM TAX RETURNS TO THE OFFICE OF STATE17
PLANNING AND BUDGETING AND THE LEGISLATIVE COUNCIL STAFF. THE18
OFFICE OF STATE PLANNING AND BUDGETING SHALL CALCULATE THE19
AMOUNT OF HEALTHY SCHOOL MEALS FOR ALL PROGRAM REVENUE BOTH20
PROJECTED TO BE RECEIVED AND ACTUALLY RECEIVED BY THE21
DEPARTMENT OF REVENUE BASED ON INCOME TAX RETURN DATA AND22
OTHER RELEVANT FACTORS. THE OFFICE OF STATE PLANNING AND23
BUDGETING SHALL ALSO IDENTIFY, IN COLLABORATION WITH THE24
DEPARTMENT OF REVENUE, THE REVENUE TO BE RECORDED AND25
DEPOSITED ON A MONTHLY BASIS BY THE DEPARTMENT OF REVENUE IN THE26
CASH FUND PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, AND THE27
1390
-12- TOTAL REVENUE TO BE RECORDED AND DEPOSITED BY THE DEPARTMENT1
OF REVENUE IN THE CASH FUND FOR THE FISCAL YEAR .2
(c) THE AMOUNT OF HEALTHY SCHOOL MEALS FOR ALL PROGRAM3
REVENUE IDENTIFIED BY THE OFFICE OF STATE PLANNING AND BUDGETING4
FOR EACH FISCAL YEAR MUST INCLUDE ADJUSTMENTS FOR ESTIMATION5
ERRORS DISCOVERED FOR ALL PRIOR FISCAL YEARS. THE OFFICE SHALL6
NOTIFY THE DEPARTMENT OF REVENUE AND THE LEGISLATIVE COUNCIL7
STAFF OF THE GENERAL ASSEMBLY OF THE ADJUSTMENT AMOUNTS .8
(d) ON DECEMBER 1, 2024, AND EVERY DECEMBER 1 THEREAFTER,9
THE OFFICE OF STATE PLANNING AND BUDGETING SHALL REPORT THE10
AMOUNT OF HEALTHY SCHOOL MEALS FOR ALL PROGRAM REVENUE11
RECEIVED BY THE DEPARTMENT OF REVENUE IN THE PREVIOUS TAX YEAR12
BASED ON INCOME TAX RETURN DATA AND OTHER RELEVANT FACTORS.13
THE GENERAL ASSEMBLY SHALL CONSIDER THIS REPORT WHEN14
ESTIMATING THE AMOUNT OF MONEY TO APPROPRIATE FOR THE PURPOSES15
SPECIFIED IN SUBSECTION (3) OF THIS SECTION IN THE NEXT FISCAL YEAR.16
(5) IF THE DEPARTMENT DETERMINES THAT THERE IS AN17
INSUFFICIENT AMOUNT OF MONEY IN THE CASH FUND TO PROVIDE FOR AN18
EXPENDITURE AUTHORIZED BY THE ANNUAL APPROPRIATION FROM THE19
CASH FUND FOR THE PURPOSES DESCRIBED IN SUBSECTION (3)(a)(I) OF THIS20
SECTION, THE DEPARTMENT MAY MAKE THE EXPENDITURE FROM THE21
GENERAL FUND.22
(6) IN ITS ANNUAL SUBMISSION OF THE STATE DEPARTMENT 'S23
BUDGET REQUEST TO THE JOINT BUDGET COMMITTEE, THE OFFICE OF STATE24
PLANNING AND BUDGETING SHALL REPORT :25
(a) THE TOTAL AMOUNT OF EXPENDITURES FROM THE CASH FUND26
MADE PURSUANT TO SUBSECTION (3) OF THIS SECTION; AND27
1390
-13- (b) THE TOTAL AMOUNT OF EXPENDITURES FROM THE GENERAL1
FUND MADE PURSUANT TO SUBSECTION (5) OF THIS SECTION.2
(7) ON JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER THE3
BALANCE FROM THE HEALTHY SCHOOL MEALS FOR ALL PROGRAM GENERAL4
FUND EXEMPT ACCOUNT DEFINED IN SECTION 22-82.9-210 TO THE CASH5
FUND PURSUANT TO SECTION 22-82.9-210 (8).6
7
SECTION 11. In Colorado Revised Statutes, add part 3 to article8
82.9 of title 22 as follows:9
PART 310
LOCAL SCHOOL FOOD11
PURCHASING PROGRAMS12
22-82.9-301. Definitions. A
S USED IN THIS PART 3, UNLESS THE13
CONTEXT OTHERWISE REQUIRES :14
(1) "C
OLORADO GROWN , RAISED, OR PROCESSED PRODUCTS "15
MEANS ALL FRUITS, VEGETABLES, GRAINS, MEATS, AND DAIRY PRODUCTS,16
EXCEPT LIQUID MILK, GROWN OR RAISED IN COLORADO, AND MINIMALLY17
PROCESSED PRODUCTS OR VALUE -ADDED PROCESSED PRODUCTS THAT18
MEET THE STANDARDS FOR THE COLORADO PROUD DESIGNATION ,19
ESTABLISHED BY THE COLORADO DEPARTMENT OF AGRICULTURE , EVEN IF20
THE PRODUCT DOES NOT HAVE THE COLORADO PROUD DESIGNATION .21
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION22
CREATED PURSUANT TO SECTION 24-1-115.23
(3) "L
OCAL SCHOOL FOOD PURCHASING PROGRAM " OR24
"
PURCHASING PROGRAM " MEANS THE LOCAL SCHOOL FOOD PURCHASING25
PROGRAM CREATED IN SECTION 22-82.9-302.26
(4) "M
INIMALLY PROCESSED PRODUCTS " MEANS RAW OR FROZEN27
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-14- FABRICATED PRODUCTS ; PRODUCTS THAT RETAIN THEIR INHERENT1
CHARACTER, SUCH AS SHREDDED CARROTS OR DICED ONIONS ; AND DRIED2
PRODUCTS, SUCH AS BEANS, BUT DOES NOT INCLUDE ANY PRODUCTS THAT3
ARE HEATED, COOKED, OR CANNED.4
(5) "N
ATIONAL SCHOOL LUNCH PROGRAM " MEANS THE FEDERAL5
SCHOOL LUNCH PROGRAM CREATED IN THE "RICHARD B. RUSSELL6
N
ATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ., AS7
AMENDED.8
(6) "P
ARTICIPATING PROVIDER" MEANS A SCHOOL DISTRICT ;9
DISTRICT CHARTER SCHOOL ; INSTITUTE CHARTER SCHOOL ; BOARD OF10
COOPERATIVE SERVICES; COLORADO SCHOOL FOR THE DEAF AND THE11
BLIND, ESTABLISHED IN SECTION 22-80-102; APPROVED FACILITY SCHOOL12
OR FACILITY, AS DEFINED IN SECTION 22-2-402; OR RESIDENTIAL OR DAY13
TREATMENT CHILD CARE FACILITY, AS DEFINED IN SECTION 26-6-903, THAT14
PARTICIPATES IN THE FEDERAL NATIONAL SCHOOL LUNCH PROGRAM AND15
THAT HAS BEEN SELECTED BY THE DEPARTMENT TO PARTICIPATE IN THE16
LOCAL SCHOOL FOOD PURCHASING PROGRAM PURSUANT TO SECTION17
22-82.9-302 (2)(b).18
(7) "S
TATE BOARD" MEANS THE STATE BOARD OF EDUCATION19
CREATED AND EXISTING PURSUANT TO SECTION 1 OF ARTICLE IX OF THE20
STATE CONSTITUTION.21
(8) "T
ECHNICAL ASSISTANCE AND EDUCATION PROGRAM " MEANS22
THE LOCAL SCHOOL FOOD PURCHASING TECHNICAL ASSISTANCE AND23
EDUCATION GRANT PROGRAM CREATED PURSUANT TO SECTION24
22-82.9-303.25
(9) "V
ALUE-ADDED PROCESSED PRODUCTS " MEANS PRODUCTS26
THAT ARE ALTERED FROM THEIR UNPROCESSED OR MINIMALLY PROCESSED27
1390
-15- STATE THROUGH PRESERVATION TECHNIQUES , INCLUDING COOKING,1
BAKING, OR CANNING.2
22-82.9-302. Local school food purchasing program - creation3
- rules. (1) T
HE LOCAL SCHOOL FOOD PURCHASING PROGRAM IS CREATED4
IN THE DEPARTMENT TO REIMBURSE PARTICIPATING PROVIDERS FOR THE5
PURCHASE OF COLORADO GROWN , RAISED, OR PROCESSED PRODUCTS6
PURSUANT TO THIS SECTION.7
(2) (a) A
SCHOOL DISTRICT, DISTRICT CHARTER SCHOOL, INSTITUTE8
CHARTER SCHOOL, BOARD OF COOPERATIVE SERVICES , THE COLORADO9
SCHOOL FOR THE DEAF AND THE BLIND , AN APPROVED FACILITY SCHOOL10
OR FACILITY, OR A RESIDENTIAL CHILD CARE FACILITY MAY APPLY TO THE11
DEPARTMENT TO PARTICIPATE IN THE PURCHASING PROGRAM TO RECEIVE12
REIMBURSEMENT FOR PURCHASE OF COLORADO GROWN , RAISED, OR13
PROCESSED PRODUCTS PURSUANT TO THIS SECTION .14
(b) (I) T
HE DEPARTMENT SHALL SELECT PARTICIPATING PROVIDERS15
THAT SERVED FEWER THAN TWO MILLION ONE HUNDRED FIFTY THOUSAND16
SCHOOL LUNCHES IN THE 2023-24 SCHOOL YEAR. THE DEPARTMENT SHALL17
CREATE A FORM FOR PARTICIPATING PROVIDERS TO TRACK AND REPORT18
THE COLORADO GROWN, RAISED, OR PROCESSED PRODUCTS PURCHASED .19
(II) T
HE DEPARTMENT SHALL GIVE PREFERENCE TO APPLICANTS20
THAT:21
(A) D
EMONSTRATE A COMMITMENT TO LOCAL PURCHASING OR22
FOOD AND AGRICULTURAL EDUCATION ;23
(B) H
AVE A KITCHEN WITH THE ABILITY TO STORE, PREPARE, AND24
SERVE LOCAL FOOD PRODUCTS ;25
(C) H
AVE GREATER THAN TWENTY -FIVE PERCENT OF THEIR26
STUDENTS ELIGIBLE FOR FREE OR REDUCED PRICE LUNCH PURSUANT TO27
1390
-16- THE NATIONAL SCHOOL LUNCH PROGRAM ;1
(D) S
ERVED FEWER THAN ONE MILLION TWO HUNDRED FIFTY2
THOUSAND SCHOOL LUNCHES IN THE 2023-24 SCHOOL YEAR COUNT; AND3
(E) S
ATISFY ANY OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED4
BY THE DEPARTMENT.5
(III) T
O THE EXTENT POSSIBLE, IN SELECTING PARTICIPATING6
PROVIDERS, THE DEPARTMENT SHALL ENSURE DIVERSITY IN GEOGRAPHIC7
LOCATION AND DISTRICT PUPIL COUNT.8
(c) O
N OR BEFORE AUGUST 1 OF THE YEAR FOLLOWING THE9
PARTICIPATING PROVIDER'S APPLICATION, THE PARTICIPATING PROVIDER10
SHALL TRACK AND REPORT TO THE DEPARTMENT FOR THE SCHOOL YEAR11
IN WHICH IT APPLIED, AND FOR THE 2023-24 SCHOOL YEAR, THE TOTAL12
AMOUNT OF COLORADO GROWN , RAISED, OR PROCESSED PRODUCTS IT13
PURCHASED FOR STUDENT MEALS AND THE TOTAL NUMBER OF LUNCHES14
THAT IT PROVIDED TO STUDENTS.15
(3) (a) I
N OCTOBER 2024, THE DEPARTMENT SHALL REIMBURSE16
EACH PARTICIPATING PROVIDER PARTICIPATING IN THE PURCHASING17
PROGRAM AT LEAST FIVE CENTS FOR EVERY SCHOOL LUNCH THAT THE18
PARTICIPATING PROVIDER PREPARED IN THE 2023-24 SCHOOL YEAR OR A19
MINIMUM OF ONE THOUSAND DOLLARS , WHICHEVER IS GREATER; EXCEPT20
THAT A PARTICIPATING PROVIDER IS NOT REIMBURSED FOR THE AMOUNT21
OF VALUE-ADDED PROCESSED PRODUCTS THAT EXCEEDS TWENTY -FIVE22
PERCENT OF THE TOTAL OF THE COLORADO GROWN , RAISED, OR23
PROCESSED PRODUCTS IT PURCHASED .24
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, THE25
MAXIMUM AMOUNT OF REIMBURSEMENTS THAT MAY BE AWARDED IN ANY26
YEAR IS FIVE HUNDRED THOUSAND DOLLARS .27
1390
-17- (4) REIMBURSEMENT PAYMENTS MADE PURSUANT TO THIS SECTION1
ACCRUE TO THE PARTICIPATING PROVIDER 'S NONPROFIT SCHOOL FOOD2
ACCOUNT.3
(5) (a) T
HE STATE BOARD IS AUTHORIZED TO ADOPT RULES TO4
IMPLEMENT THE PURCHASING PROGRAM .5
(b) T
HE DEPARTMENT IS AUTHORIZED TO MONITOR THE6
PURCHASING PROGRAM TO ENSURE PROGRAM INTEGRITY .7
(c) T
HE DEPARTMENT SHALL CREATE , DISTRIBUTE, AND COLLECT8
PRODUCER AND PARTICIPATING PROVIDER SURVEYS REQUIRED PURSUANT9
TO SECTION 22-82.9-304.10
(6) I
F IN ANY STATE BUDGET YEAR THE DEPARTMENT DOES NOT11
EXPEND OR ENCUMBER THE FULL AMOUNT OF THE APPROPRIATION FOR THE12
PURCHASING PROGRAM , UP TO FIVE PERCENT OF THE APPROPRIATION IS13
AVAILABLE TO THE DEPARTMENT IN THE NEXT STATE BUDGET YEAR TO14
PAY FOR THE EVALUATION REQUIRED PURSUANT TO SECTION 22-82.9-304.15
22-82.9-303. Local school food purchasing technical assistance16
and education grant program - creation - report. (1) T
HE LOCAL17
SCHOOL FOOD PURCHASING TECHNICAL ASSISTANCE AND EDUCATION18
GRANT PROGRAM IS CREATED IN THE DEPARTMENT . THE PURPOSE OF THE19
TECHNICAL ASSISTANCE AND EDUCATION PROGRAM IS TO ISSUE A GRANT20
TO A STATEWIDE NONPROFIT ORGANIZATION TO DEVELOP AND MANAGE A21
GRANT PROGRAM TO ASSIST WITH THE PROMOTION OF COLORADO GROWN,22
RAISED, OR PROCESSED PRODUCTS TO PARTICIPATING PROVIDERS .23
(2) S
UBJECT TO AVAILABLE APPROPRIATIONS , THE NONPROFIT24
ORGANIZATION MAY AWARD GRANTS FOR THE FOLLOWING :25
(a) T
RAINING, TECHNICAL ASSISTANCE , AND PHYSICAL26
INFRASTRUCTURE GRANTS TO PARTICIPATING PROVIDERS , GROWER27
1390
-18- ASSOCIATIONS, OR OTHER ORGANIZATIONS THAT AGGREGATE PRODUCTS1
FROM PRODUCERS FOR:2
(I) P
ROFESSIONAL CONTRACTING SERVICES TO SUPPORT THE3
DEVELOPMENT AND SUSTAINABILITY OF LOCAL AND REGIONAL FOOD4
SYSTEMS;5
(II) C
HEF TRAINING ON FOOD HANDLING AND PROCUREMENT6
PRACTICES AND SMALL KITCHEN EQUIPMENT PURCHASES ;7
(III) G
OOD AGRICULTURAL PRACTICES CERTIFICATION COSTS AND8
GOOD HANDLING PRACTICES CERTIFICATION COSTS AND TRAINING ON9
SELLING TO SCHOOLS; AND10
(IV) C
APACITY BUILDING FOR LOCAL VALUE -ADDED PROCESSED11
PRODUCTS; AND12
(b) E
DUCATION, OUTREACH, AND PROMOTION FOR:13
(I) S
CHOOLS TO ENGAGE FAMILIES AND COMMUNITIES AR OUND THE14
BENEFITS OF FARM-TO-SCHOOL AND WAYS TO SUPPORT FARM -TO-SCHOOL;15
AND16
(II) G
ROWER ASSOCIATIONS AND GROWERS TO COMMUNICATE TO17
SCHOOLS AND SCHOOL COMMUNITIES ABOUT THE MULTIPLE BENEFITS OF18
PURCHASING LOCAL PRODUCTS .19
(3) T
HE NONPROFIT ORGANIZATION SHALL ANNUALLY REPORT TO20
THE DEPARTMENT ON THE TECHNICAL ASSISTANCE AND EDUCATION21
PROGRAM, INCLUDING:22
(a) T
HE NUMBER AND TYPES OF ENTITIES RECEIVING GRANTS ;23
(b) T
HE NUMBER, TYPES, AND PURPOSES OF THE GRANTS AWARDED24
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION; AND25
(c) T
HE TYPES OF EDUCATION AND OUTREACH CONDUCTED BY26
PARTICIPATING PROVIDERS AND OTHERS PURSUANT TO SUBSECTION (2)(b)27
1390
-19- OF THIS SECTION.1
22-82.9-304. Evaluation - report. (1) O
N OR BEFORE DECEMBER2
1,
2025, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE EDUCATION3
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , THE4
HOUSE OF REPRESENTATIVES AGRICULTURE , WATER, AND NATURAL5
RESOURCES COMMITTEE , THE SENATE AGRICULTURE AND NATURAL6
RESOURCES COMMITTEE , OR THEIR SUCCESSOR COMMITTEES , ON THE7
EFFECT OF THE PURCHASING PROGRAM ON THE AMOUNT OF COLORADO8
GROWN, RAISED, OR PROCESSED PRODUCTS PURCHASED BY PARTICIPATING9
PROVIDERS, INCLUDING:10
(a) N
AMES AND DEMOGRAPHIC DATA OF PARTICIPATING11
PROVIDERS;12
(b) T
HE DOLLAR AMOUNT SPENT ON COLORADO GROWN, RAISED,13
OR PROCESSED PRODUCTS DURING THE PURCHASING PROGRAM , INCLUDING14
LOCAL PURCHASING DATA FROM THE 2023-24 SCHOOL YEAR, THAT THE15
PARTICIPATING PROVIDER INCLUDED IN THE APPLICATION TO THE16
PURCHASING PROGRAM ;17
(c) P
RODUCT CATEGORIES PURCHASED ;18
(d) N
UMBER OF COLORADO PRODUCERS OR BUSINESSES19
PARTICIPATING BY PARTICIPATING PROVIDER AND IN TOTAL ;20
(e) E
CONOMIC EFFECT ON PARTICIPATING PROVIDERS , PRODUCERS,21
AND ECONOMIES; AND22
(f) Q
UALITATIVE PRODUCER AND PARTICIPATING PROVIDER23
SURVEYS.24
22-82.9-305. Program funding - state education fund.25
P
URCHASING NUTRITIOUS FOODS FROM COLORADO'S FOOD SYSTEMS,26
INCLUDING LOCAL FARMERS AND RANCHERS , SUPPORTS STUDENTS '27
1390
-20- NUTRITION AND PROVIDES QUALITY MEALS TO BOOST THE HEALTH AND1
WELL-BEING OF COLORADO STUDENTS, AND IS AN IMPORTANT COMPONENT2
OF AN ACCOUNTABLE EDUCATION PR OGRAM TO MEET STATE ACADEMIC3
STANDARDS, AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE4
EDUCATION FUND CREATED SECTION 17 (4) OF ARTICLE IX OF THE STATE5
CONSTITUTION.6
22-82.9-306. Repeal of part. T
HIS PART 3 IS REPEALED, EFFECTIVE7
J
ULY 1, 2026.8
SECTION
12. In Colorado Revised Statutes, 24-75-109, amend9
(1)(f) as follows:10
24-75-109. Controller may allow expenditures in excess of11
appropriations - limitations - appropriations for subsequent fiscal12
year restricted - repeal. (1) For the purpose of closing the state's books,13
and subject to the provisions of this section, the controller may, on or14
after May 1 of any fiscal year and before the forty-fifth day after the close15
thereof, upon approval of the governor, allow any department, institution,16
or agency of the state, including any institution of higher education, to17
make an expenditure in excess of the amount authorized by an item of18
appropriation for such fiscal year if:19
(f) The overexpenditure is by the department of education for20
either:21
(I) Providing reimbursements to a participating school food22
authority for offering eligible meals without charge, pursuant to section23
22-82.9-204 (1)(b); or24
(II) Distributing money to a participating school food authority to25
increase wages or provide stipends for individuals whom the participating26
school food authority employs to directly prepare and serve food for27
1390
-21- school meals, pursuant to section 22-82.9-206 (1). PROVIDING1
REIMBURSEMENTS TO A PARTICIPATING SCHOOL FOOD AUTHORITY FOR2
OFFERING ELIGIBLE MEALS WITHOUT CHARGE , PURSUANT TO SECTION3
22-82.9-204 (1)(b).4
SECTION 13. In Colorado Revised Statutes, 24-75-201, amend5
(2)(c) as follows:6
24-75-201. General fund - general fund surplus - custodial7
money - repeal. (2) (c) (I) Any unrestricted balance remaining in the8
healthy school meals for all program general fund exempt account created9
in section 22-82.9-210 (2) at the end of any fiscal year shall not be10
designated as part of the general fund surplus.11
(II) THIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JULY 1, 2025.12
SECTION 14. In Colorado Revised Statutes, 24-75-201.1,13
amend (2)(e) as follows:14
24-75-201.1. Restriction on state appropriations - legislative15
declaration - definitions - repeal. (2) The basis for the calculation of16
the reserve as specified in this section includes all appropriations for17
expenditure from the general fund for such fiscal year, except for any18
appropriations for:19
(e) (I) Expenditures from the healthy school meals for all program20
general fund exempt account created in section 22-82.9-210 (2).21
(II) THIS SUBSECTION (2)(e) IS REPEALED, EFFECTIVE JULY 1, 2025.22
1390
-22- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
SECTION
15.
Appropriation to the department of education for the fiscal year beginning July 1, 2024.
Amend
as
added
by
House
Bill
24-1430
section
2,
Part
IV
(1)(A), 1
(3)(D)(1), (3)(D)(2), and the affected totals, and
repeal
Footnote 17, as follows: 2
Section 2.
Appropriation. 3
PART IV 4
DEPARTMENT OF EDUCATION 5
6
(1) MANAGEMENT AND ADMINISTRATION 7(A) Administration and Centrally-Appropriated Line Items 8State Board of Education 9
575,805
575,805
10
(2.5 FTE)
General Department and 11Program Administration 12
6,532,726
3,204,516
188,595
a
3,139,615
b
13
(23.9FTE)
(2.1 FTE)
(19.9 FTE)
Grants Administration 14
564,452
389,513
174,939
c
Health, Life, and Dental 15
9,686,767
4,025,403
1,462,109
d
968,342
e
3,230,913
(I)
1390
-23- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
Short-term Disability 1
93,966
38,115
12,790
d
9,834
e
33,227
(I)
Paid Family Medical Leave 2Insurance 3
265,629
96,798
1,277
f
38,371
d
29,501
e
99,682
(I)
4
39,648
d
Unfunded Liability 5Amortization Equalization 6Disbursement 7
6,264,374
2,498,466
42,478
f
852,690
d
655,574
e
2,215,166
(I)
8
895,168
d
Salary Survey 9
2,167,677
778,984
20,500
f
311,459
d
240,788
e
815,946
(I)
10
331,959
d
Step Pay 11
2,163,729
908,997
312,360
d
205,099
e
737,273
(I)
PERA Direct Distribution 12
1,304,359
963,385
6,335
f
188,732
d
145,907
e
13
195,067
d
1390
-24- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
Temporary Employees 1Related to Authorized 2Leave 3
29,961
29,961
Workers' Compensation 4
334,121
160,533
43,601
d
11,291
e
118,696
(I)
Legal Services 5
1,324,188
818,348
443,603
d
62,237
e
Administrative Law Judge 6Services 7
209,603
209,603
g
Payment to Risk 8Management and Property 9Funds 10
821,832
821,832
Capitol Complex Leased 11Space 12
1,053,714
300,308
191,776
d
95,888
h
465,742
(I)
CORE Operations 13
66,377
33,185
25,715
i
7,477
j
14
33,459,280
15
1390
-25- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
a
This amount shall be from general education development program fees. 1
b
Of this amount, $2,270,195
shall
be
from
departmental
indirect
cost
recoveries
or
the
Indirect
Costs
Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S., and $869,420 2
shall be from statewide indirect cost recoveries or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S. 3c
Of
this
amount,
$91,134
shall
be
from
the
State
Education
Fund
created
in
Section
17
(4)(a)
of
Article
IX
of
the
State
Constitution,
$48,734
shall
be
from
the
Marijuana
Tax
Cash
Fund 4
created
in
Section
39-28.8-501
(1),
C.R.S.,
$27,096
shall
be
from
the
Early
Literacy
Fund
created
in
Section
22-7-1210
(1)
, C.R.S. $4,459 shall be from the Public School Capital 5
Construction
Assistance
Fund
created
in
Section
22-43.7-104
(1),
C.R.S.,
and
$3,516
shall
be
from
the
Start
Smart
Nutrition
Program
Fund
created
in
Section
22-82.7-105
(1),
C.R.S. 6
Pursuant
to
Section
17
(3)
of
Article
IX
of
the
State
Constitution,
appropriations
from
the
State
Education
Fund
are
not
subject
to
the
limitation
on
fiscal
year
spending
set
forth
in
Section 7
20 of Article X of the State Constitution. 8d
Of
these
amounts,
$1,228,130
shall
be
from
the
State
Education
Fund
created
in
Section
17
(4)(a)
of
Article
IX
of
the
State
Constitution,
$1,098,482(I)
shall
be
from
the
Educator 9
Licensure
Cash
Fund
created
in
Section
22-60.5-112
(1)(a),
C.R.S.,
$597,456
shall
be
from
the
Public
School
Capital
Construction
Assistance
Fund
created
in
Section
22-43.7-104
(1), 10
C.R.S.,
$486,345
shall
be
from
the
Early
Literacy
Fund
created
in
Section
22-7-1210
(1),
C.R.S.,
$186,980
shall
be
from
the
Marijuana
Tax
Cash
Fund
created
in
Section
39-28.8-501 11
(1),
C.R.S.,
$70,590
SHALL
BE
FROM
THE
H
EALTHY
S
CHOOL
M
EALS
FOR
A
LL
P
ROGRAM
C
ASH
F
UND
CREATED
IN
S
ECTION
22-82.9-211
(2),
C.R.S.,
$44,739
shall
be
from
general
education 12
development program fees, and $215,359 shall be from various sources of cash funds. Pursuant to Section 17 (3) of Article IX
of
the
State
Constitution,
appropriations from the State 13
Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Cons titution. 14
1390
-26- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
e
Of
these
amounts,
$2,042,122
shall
be from departmental indirect cost recoveri es or the Indirect Costs Excess Recovery Fund
created
in
Section
24-75-1401
(2),
C.R.S.,
$62,237
is 1
estimated
to
be
transferred
from
the
Division
of
Public
School
Capital
Construction
Assistance
line
item
appropriation
in
the
School
District
Operations
section
of this department, 2
$37,047
is
estimated
to
be
transferred
from
the
Department
of
Regulatory
Agencies
from
the
Reading
Services
for
the
Blind
Cash
Fund
and
Disabled
Telephone
Users
Fund
in
the
Public 3
Utilities
Commission,
$36,506
is
estimated
to
be
from
Medicaid
funds
transferred
from
the Department of Health Care Policy and Financing from the Transfer to the Department of 4
Education for Public School Health Services Administration line item in the Executive Director's Office, and $150,661 shall be from various sources of reappropriated funds. 5f These amounts shall be from the Healthy School Meals for All Program General Fund Exempt Account created in Section 22-82.9-21 0 (3), C.R.S.
6
g
Of
this
amount,
$171,874(I)
shall
be
from
the
Educator
Licensure
Cash
Fund
created
in
Section
22-60.5-112
(1)(a),
C.R.S.,
and
$37,729
shall
be
from
the
State
Education
Fund
created 7
in
Section
17
(4)(a)
of
Article
IX
of
the
State
Constitution.
Pursuant
to
Section
17
(3)
of
Article
IX
of
the
State
Constitution,
appropriations
from
the
State
Education
Fund
are
not
subject 8
to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. 9h
This
amount
shall
be
transferred
from
the
Division
of
Public
School
Capital
Construction
Assistance
line
item
appropriation
in
the
School
District
Operations
section
of
this
department. 10
i Of
this
amount,
it
is
estimated
that
$9,616
shall
be
from
the
State
Education
Fund
created
in
Section
17
(4)(a)
of
Article
IX
of
the
State
Constitution,
$6,155(I)
shall
be
from
the
Educator 11
Licensure Cash Fund created in Section 22-60.5-112 (1)(a), C.R.S.,
$4,442
shall
be
from
the
Public
School
Capital
Construction Assistance Fund created in Section 22-43.7-104 (1), 12
C.R.S.,
$3,515
shall
be
from
the Early Literacy Fund created in Section 22-7-1210
(1),
C.R.S.,
$1,602
shall
be
from
the
Marijuana
Tax
Cash
Fund
created
in
Section
39-28.8-501
(1), 13
C.R.S.,
and
$385
shall
be
from
general
education
development
program
fees.
Pursuant
to
Section
17
(3)
of
Article
IX
of
the
State
Constitution,
appropriations
from
the
State
Education 14
Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. 15j This amount shall be from departmental indirect cost recoveri es or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S. 16
1390
-27- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
1
(3) SCHOOL DISTRICT OPERATIONS 2(D) Nutrition 3(1) Healthy School Meals for All Program 4Program
Administration
17
5
A
DMINISTRATION
6
887,732
95,908
791,824
a
7
791,824
791,824
a
8
(3.2 FTE)
(1.0 FTE)
9
(3.2 FTE)
School Meal 10Reimbursements 11
137,483,812
22,146,226
115,337,586
a
12
137,483,812
a
Local Food Purchasing
13
Grant
14
5,000,000
5,000,000
1390
-28- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
Local Food Technical
1
Assistance Grant
2
5,000,000
5,000,000
Wage Distributions
3
8,400,000
8,400,000
4
156,771,544
5
138,275,636
6
a
These
amounts
O
F
THESE
AMOUNTS
,
$116,129,410
shall
be
from
the
Healthy
School
Meals
for
All
Program
General
Fund
Exempt
Account,
C
ASH
F
UND
,
created
in
Section
22-82.9-211 7
(2), C.R.S.,
AND
$22,146,226
SHALL BE FROM THE
S
TATE
E
DUCATION
F
UND CREATED IN
S
ECTION
17
(4)(
A
)
OF
A
RTICLE
IX
OF THE
S
TATE
C
ONSTITUTION
.
8
9
(2) Other Nutrition Program 10Federal Nutrition Programs 11
156,775,300
104,973
156,670,327
(I)
12
(0.9 FTE)
(16.1 FTE)
State Match for School 13Lunch Program 14
2,472,644
2,472,644
a
1390
-29- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
Child Nutrition School 1Lunch Protection Program 2
841,460
841,460
b
Start Smart Nutrition 3Program 4
296,484
296,484
c
L
OCAL
S
CHOOL
F
OOD
5
P
URCHASING
P
ROGRAMS
6
675,729
675,729
b
7
(0.4 FTE)
Summer Electronics 8Benefits Transfer for 9Children 10
447,870
223,935
223,935
(I)
11
(0.9 FTE)
(0.8 FTE)
12
160,833,758
13
161,509,487
14
1390
-30- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
a
This
amount
shall
be
from
the
State
Public School Fund created in Section 22-54-114 (1), C.R.S., from interest and income
earned
on
the
investment
of
money
in
the
Public
School 1
Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(g), C.R.S. 2b
This
amount
shall
be
from
the
State
Education
Fund
created
in
Section
17
(4)(a)
of
Article
IX
of
the
State
Constitution.
Pursuant
to
Section
17
(3)
of
Article
IX
of
the
State
Constitution, 3
appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution. 4c
This amount shall be from the Start Smart Nutrition Program Fund created in Section 22-82.7-105 (1), C.R.S. 5
6
7
TOTALS PART IV 8(EDUCATION) 9
$7,440,497,346
$3,338,057,203
$1,363,480,333
a
1,764,077,511
b
$104,652,889
c
$870,229,410
d
10
$7,422,677,167
$3,297,415,069
$1,247,280,333
a
$1,903,099,466
b
11
12
a
This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S. 13
b
Of this amount, $5,432,434 contains an (I) notation. 14
c
Of this amount, $43,900,000 contains an (I) notation. 15
1390
-31- APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
d
This amount contains an (I) notation. 1
2
FOOTNOTES
-- The following statements are referenced to the numbered footnotes throughout section 2. 3
4
17
Department
of
Higher
Education,
School
District
Operations,
Nutrition,
Healthy
School
Meals
for
All,
Program
Administration
--
Of
the
amount
appropriated
5
in
this
line
item,
up
to
$400,000,
if
not
exp
ended prior to the close of the 2024-25 state fiscal year, remains available for expenditure until the close of the
6
2025-26 state fiscal year.
7
1390
-32- SECTION 16. Repeal and reenact, with amendments, as1
enacted by House Bill 24-1430, section 16, as follows:2
SECTION 16. Appropriation to the department of education3
for the fiscal year beginning July 1, 2023. In Session Laws of Colorado4
2023, amend section 7 (1) introductory portion, (1)(f), and add (1)(h) of5
chapter 89, (SB 23-221), as follows:6
Section 7. Appropriation. (1) For the 2023-24 state fiscal year,7
$171,439,107 is appropriated to the department of education. Of this8
appropriation, $156,000,000 is from the healthy school meals for all9
program general fund exempt account and $15,439,107 is from the10
general fund. STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF11
ARTICLE IX OF THE STATE CONSTITUTION. To implement this act, the12
department may use this appropriation as follows:13
(f) $171,000,000 for school meal reimbursements; and14
(h) $100,000 for consulting support, which amount, if not15
expended prior to the close of the 2023-24 state fiscal year, remains16
available for expenditure until the close of the 2024-25 state fiscal year.17
SECTION 17. Effective date. This act takes effect upon passage;18
except that sections 15 and 16 of this act take effect only if House Bill19
24-1430 becomes law, in which case sections 15 and 16 take effect upon20
the effective date of this act or House Bill 24-1430, whichever is later.21
SECTION 18. Safety clause. The general assembly finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety or for appropriations for24
the support and maintenance of the departments of the state and state25
institutions.26
1390-33-