HOUSE BILL 24-1390
BY REPRESENTATIVE(S) Bird and Sirota, Taggart, Amabile, Bacon,
Boesenecker, Brown, Clifford, Daugherty, Duran, English, Epps, Froelich, Garcia,
Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt,
Mabrey, Marvin, McCormick, McLachlan, Ortiz, Parenti, Ricks, Rutinel, Story,
Titone, Valdez, Velasco, Weissman, Willford, Woodrow, Young, McCluskie,
deGruy Kennedy, Lukens, Mauro, Snyder, Vigil;
also SENATOR(S) Kirkmeyer and Bridges, Zenzinger, Coleman, Cutter, Exum,
Hansen, Hinrichsen, Marchman, Michaelson Jenet, Mullica, Priola, Roberts
.
C
ONCERNING MEASURES TO SUPPORT CERTAIN SCHOOL FOOD PROGRAMS IN
THE DEPARTMENT OF EDUCATION
, AND, IN CONNECTION THEREWITH,
MAKING AND REDUCING AN APPROPRIATION .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 22-82.9-202, add (3)
as follows:
22-82.9-202. Legislative declaration. (3) T
HE GENERAL ASSEMBLY
FURTHER DECLARES THAT FOR PURPOSES OF SECTION
17 OF ARTICLE IX OF
THE STATE CONSTITUTION
, HEALTHY SCHOOL MEALS ARE AN ESSENTIAL
COMPONENT TO STUDENT LEARNING
. FREE HEALTHY SCHOOL MEALS ARE AN
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. IMPORTANT COMPONENT OF AN ACCOUNTABLE EDUCATION PROGRAM TO
MEET STATE ACADEMIC STANDARDS AND MAY THEREFORE RECEIVE FUNDING
FROM THE STATE EDUCATION FUND CREATED IN SECTION
17 (4) OF ARTICLE
IX OF THE STATE CONSTITUTION.
SECTION 2. In Colorado Revised Statutes, 22-82.9-203, add
(11.5) as follows:
22-82.9-203. Definitions. As used in this part 2, unless the context
otherwise requires:
(11.5) "P
ROVISIONAL PROGRAMS" MEANS ALTERNATIVE OPTIONS
THROUGH THE NATIONAL SCHOOL L UNCH PROGRAM AND NATIONAL SCHOOL
BREAKFAST PROGRAM TO IMPROVE ACCESS TO FREE MEALS AND TO SIMPLIFY
MEAL COUNTING AND CLAIMS PROCEDURES
.
SECTION 3. In Colorado Revised Statutes, 22-82.9-204, amend
(2), (3), and (4)(b); and add (6) and (7) as follows:
22-82.9-204. Healthy school meals for all program - created -
advisory group - report - rules - definition - repeal. (2) A school food
authority that chooses to participate in the program must annually give
notice of participation to the department as provided by rule of the state
board. At a minimum, the notice must include evidence that the school food
authority is participating in the community eligibility provision as required
in subsection (3) of this section PROVISIONAL PROGRAMMING IF DEEMED
NECESSARY BY THE DEPARTMENT
. THE DEPARTMENT MAY REQUIRE SCHOOL
FOOD AUTHORITY MODIFICATIONS TO THE PROGRAM THROUGHOUT THE YEAR
TO MAXIMIZE A SCHOOL FOOD AUTHORITY
'S FEDERAL REIMBURSEMENTS AS
DEEMED NECESSARY BY THE DEPARTMENT
.
(3) (a) If the United States department of agriculture creates the
option for the state, as a whole, to participate in the community eligibility
provision, the department shall participate in the option and shall work with
school food authorities and the necessary state and local departments to
collect data and implement the community eligibility provision statewide,
IF THE DEPARTMENT DETERMINES PARTICIPATION IN THE STATEWIDE
COMMUNITY ELIGIBILITY PROVISION MAXIMIZES FEDERAL FUNDING
. Until
such time as Colorado participates in the community eligibility provision as
a state, each participating school food authority, as a condition of
PAGE 2-HOUSE BILL 24-1390 participating in the program, must maximize the amount of federal
reimbursement by THE SCHOOL FOOD AUTHORITY RECEIVES , INCLUDING, BUT
NOT LIMITED TO
, participating in PROVISIONAL PROGRAMS, INCLUDING the
community eligibility provision for all schools that qualify, for thecommunity eligibility provision and that the participating school food
authority serves SUBJECT TO DETERMINATION BY THE DEPARTMENT THAT
THE SCHOOL FOOD AUTHORITY
'S PARTICIPATION MAXIMIZES FEDERAL
REIMBURSEMENT
.
(b) A
NNUALLY, THE DEPARTMENT SHALL ESTABLISH OPTIONS FOR ,
AND COMMUNICATE THE OPTIONS TO , EACH SCHOOL FOOD AUTHORITY TO
MAXIMIZE FEDERAL FUNDING
. A SCHOOL FOOD AUTHORITY THAT CHOOSES
AN OPTION OTHER THAN THE OPTIONS ESTABLISHED BY THE DEPARTMENT
SHALL 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 SC HOOL
FOOD AUTHORITY
.
(4) (b) S
UBJECT TO AVAILABLE APPROPRIATIONS , implementation of
sections 22-82.9-205 to 22-82.9-207 is conditional upon the state of
Colorado being certified to participate in the demonstration project for
direct certification for children receiving medicaid benefits that is operated
pursuant to 42 U.S.C. sec. 1758 (b)(15) EFFECTIVE BEGINNING IN THE
2025-26 BUDGET YEAR.
(6) (a) O
N OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL
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
.
(b) S
CHOOL FOOD AUTHORITIES THAT CHOOSE TO PARTICIPATE IN
THE PROGRAM SHALL COMPLY WITH THE POLICY DESCRIBED IN SUBSECTION
(6)(a) OF THIS SECTION TO MAXIMIZE THE COLLECTION OF HOUSEHOLD
INCOME APPLICATION FORMS FOR THE NATIONAL SCHOOL LUNCH PROGRAM
.
(7) (a) T
HE HEALTHY SCHOOL MEALS FOR ALL PROGRAM TECHNICAL
ADVISORY GROUP IS CREATED IN THE DEPARTMENT
. AS SOON AS
PRACTICABLE
, THE DEPARTMENT SHALL CONVENE THE ADVISORY GROUP
AND THE ADVISORY GROUP SHALL COLLABORATE WITH SCHOOL DISTRICTS
,
PAGE 3-HOUSE BILL 24-1390 THE OFFICE OF STATE PLANNING AND BUDGETING , AND A REPRESENTATIVE
FROM THE DEPARTMENT OF AGRICULTURE TO
:
(I) IDENTIFY WAYS TO MAXIMIZE FEDERAL REIMBURSEMENTS ;
(II) R
EDUCE COSTS OF THE PROGRAM ;
(III) R
EVIEW COST-SAVINGS OPTIONS, INCLUDING MINIMIZING FOOD
WASTE
;
(IV) S
TRENGTHEN THE LONG-TERM RESILIENCY OF THE HEALTHY
SCHOOL MEALS FOR ALL CASH FUND
;
(V) C
REATE MODEL REVENUE SCENARIOS ;
(VI) P
ROVIDE OPTIONS AND RECOMMENDATIONS FOR BALANCING
PROGRAM REVENUES AND EXPENDITURES IN THE MANNER MOST EQUITABLE
FOR STUDENTS AND SCHOOL FOOD AUTHORITIES
; AND
(VII) DRAFT A REPORT PURSUANT TO SUBSECTION (7)(d) OF THIS
SECTION WITH LEGISLATIVE AND ADMINISTRATIVE RECOMMENDATIONS
.
(b) (I) T
HE ADVISORY GROUP SHALL SOLICIT INPUT FROM
STAKEHOLDERS AND THE PUBLIC TO DIRECT THE ADVISORY GROUP
'S WORK.
(II) L
EGISLATIVE COUNCIL STAFF AND JOINT BUDGET COMMITTEE
STAFF SHALL PROVIDE TECHNICAL SUPPORT TO THE ADVISORY GROUP
.
(III) T
HE DEPARTMENT SHALL COLLABORATE WITH THE ADVISORY
GROUP TO OBTAIN THE CONTRACTUAL SERVICES NECESSARY FOR THE
ADVISORY GROUP
'S WORK.
(c) I
N JUNE 2024 AND SEPTEMBER 2024, THE ADVISORY GROUP
SHALL SUBMIT A STATUS REPORT TO THE JOINT BUDGET COMMITTEE ON THE
PROGRESS OF THE ADVISORY GROUP
'S WORK.
(d) (I) O
N OR BEFORE DECEMBER 1, 2024, THE ADVISORY GROUP
SHALL SUBMIT A REPORT SUMMARIZING THE ADVISORY GROUP
'S WORK
DESCRIBED IN SUBSECTION
(7)(a) OF THIS SECTION TO THE EDUCATION
PAGE 4-HOUSE BILL 24-1390 COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE , OR ANY
SUCCESSOR COMMITTEES
; THE JOINT BUDGET COMMITTEE ; THE STATE
BOARD
; AND THE GOVERNOR.
(II) I
N DECEMBER 2024, THE DEPARTMENT SHALL PRESENT THE
ADVISORY GROUP
'S REPORT DESCRIBED IN SUBSECTION (7)(d)(I) OF THIS
SECTION TO THE JOINT BUDGET COMMITTEE
.
(III) I
N JANUARY 2025, THE DEPARTMENT SHALL INCLUDE AS PART
OF ITS PRESENTATION DURING ITS
"SMART ACT" HEARING REQUIRED BY
SECTION
2-7-203 INFORMATION CONCERNING THE PROGRAM AND THE
REPORT DESCRIBED IN SUBSECTION
(7)(d)(I) OF THIS SECTION.
(e) A
S USED IN THIS SUBSECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "HEALTHY SCHOOL MEALS FOR ALL PROGRAM TECHNICAL
ADVISORY GROUP
" OR "ADVISORY GROUP" MEANS THE HEALTHY SCHOOL
MEALS FOR ALL PROGRAM TECHNICAL ADVISORY GROUP CREATED IN THIS
SUBSECTION
(7).
(f) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 4. In Colorado Revised Statutes, 22-82.9-205, amend
(5) as follows:
22-82.9-205. Local food purchasing grant - amount - advisory
committee - verification of invoices. (5) S
UBJECT TO AVAILABLE
APPROPRIATIONS
, this section is effective beginning in the first full budget
year after the state of Colorado is certified to participate in the federal
demonstration project for direct certification for children receiving
medicaid benefits as provided in section 22-82.9-204 (4) and begins
including medicaid direct certification in determining school districts'
identified student percentages 2025-26 BUDGET YEAR.
SECTION 5. In Colorado Revised Statutes, 22-82.9-206, amend
(2) as follows:
22-82.9-206. School meals food preparation and service
employees - wage increase or stipend. (2) S
UBJECT TO AVAILABLE
APPROPRIATIONS
, this section is effective beginning in the first full budget
year after the state of Colorado is certified to participate in the federal
PAGE 5-HOUSE BILL 24-1390 demonstration project for direct certification for children receiving
medicaid benefits as provided in section 22-82.9-204 (4) and begins
including medicaid direct certification in determining school districts'
identified student percentages 2025-26 BUDGET YEAR.
SECTION 6. In Colorado Revised Statutes, 22-82.9-207, amend
(4) as follows:
22-82.9-207. Local school food purchasing technical assistance
and education grant program - created - report. (4) S
UBJECT TO
AVAILABLE APPROPRIATIONS
, this section is effective beginning in the first
full budget year after the state of Colorado is certified to participate in the
federal demonstration project for direct certification for children receiving
medicaid benefits as provided in section 22-82.9-204 (4) and begins
including medicaid direct certification in determining school districts'
identified student percentages 2025-26 BUDGET YEAR.
SECTION 7. In Colorado Revised Statutes, 22-82.9-208, amend
(2) as follows:
22-82.9-208. Report - audit. (2) (a) The department shall contract
with an independent auditor to conduct a biennial financial and performance
audit of the implementation of the program, including implementation of
section 22-82.9-204 and including
implementation of local food purchasing
grants pursuant to section 22-82.9-205, distributions for the increase in
wages or provision of stipends pursuant to section 22-82.9-206, and
implementation of the local school food purchasing technical assistance and
education grant program pursuant to section 22-82.9-207, to the extent said
sections are in effect as provided in section 22-82.9-204 (4)(b). B
EGINNING
DECEMBER 1, 2027, the audit of the two budget years in each biennial cycle
must be completed by December 1 of the following budget year. The
department shall make the audit easily accessible by the public on the
department website.
(b) A
NY APPROPRIATION TO THE DEPARTMENT FOR PURPOSES OF AN
AUDIT THAT IS NOT EXPENDED IN A BUDGET YEAR IS FURTHER APPROPRIATED
TO THE DEPARTMENT THROUGH THE CLOSE OF THE FOLLOWING BUDGET
YEAR FOR THE SAME PURPOSES
.
SECTION 8. In Colorado Revised Statutes, amend 22-82.9-209 as
PAGE 6-HOUSE BILL 24-1390 follows:
22-82.9-209. Program - funding. (1) For the 2023-24 budget year
and for each budget year thereafter, the general assembly shall appropriate
to the department, by separate line items in the annual general appropriation
bill, the amount necessary to implement the program, including the amount
required to reimburse participating school food authorities for eligible meals
provided to students pursuant to section 22-82.9-204, and including the
amount distributed as local food purchasing grants pursuant to section
22-82.9-205,
SUBJECT TO AVAILABLE APPROPRIATIONS , AND the amount
distributed pursuant to section 22-82.9-206 to increase the wages or provide
stipends for staff who prepare and serve school meals, and at least five
million dollars annually to implement the local school food purchasing
technical assistance and education grant program pursuant to section
22-82.9-207, to the extent said sections are in effect as provided in section
22-82.9-204 (4)(b) SUBJECT TO AVAILABLE APPROPRIATIONS . The
department may expend not more than one and five-tenths percent of the
total amount annually appropriated pursuant to this section to offset the
direct and indirect costs incurred by the department in implementing this
part 2.
(2) F
OR THE 2023-24 BUDGET YEAR AND THE 2024-25 BUDGET YEAR,
THE GENERAL ASSEMBLY SHALL APPROPRIATE MONEY FROM THE STATE
EDUCATION FUND CREATED IN SECTION
17 (4) OF ARTICLE IX OF THE STATE
CONSTITUTION TO COVER PROGRAM COSTS FOR WHICH THERE IS NOT
SUFFICIENT MONEY IN THE HEALTHY SCHOOL MEALS FOR ALL CASH FUND
.
SECTION 9. In Colorado Revised Statutes, 22-82.9-210, add (8)
and (9) as follows:
22-82.9-210. Healthy school meals for all program general fund
exempt account - creation - uses - reporting requirements - definitions
- repeal. (8) O
N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER THE
BALANCE OF THE ACCOUNT TO THE HEALTHY SCHOOL MEALS FOR ALL
PROGRAM CASH FUND CREATED IN SECTION
22-82.9-211.
(9) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 10. In Colorado Revised Statutes, add 22-82.9-211 as
follows:
PAGE 7-HOUSE BILL 24-1390 22-82.9-211. Healthy school meals for all program cash fund -
creation - uses - reporting requirements - definitions. (1) A
S USED IN
THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
ASH FUND" MEANS THE HEALTHY SCHOOL MEALS FOR ALL
PROGRAM CASH FUND CREATED IN THIS SECTION
.
(b) "H
EALTHY SCHOOL MEALS FOR ALL PROGRAM REVENUE " MEANS
THE REVENUE GENERATED BY THE ADDITION TO FEDERAL TAXABLE INCOME
IN SECTION
39-22-104 (3)(p.5), WHICH REVENUE IS A VOTER -APPROVED
REVENUE CHANGE
.
(2) T
HE HEALTHY SCHOOL MEALS FOR ALL PROGRAM CASH FUND IS
CREATED IN THE STATE TREASURY
. THE CASH FUND CONSISTS OF HEALTHY
SCHOOL MEALS FOR ALL PROGRAM REVENUE DEPOSITED IN THE CASH FUND
IN ACCORDANCE WITH SUBSECTION
(4)(a) OF THIS SECTION. THE STATE
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
DEPOSIT AND INVESTMENT OF MONEY IN THE CASH FUND TO THE CASH FUND
.
(3) (a) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
ASSEMBLY
, THE DEPARTMENT MAY EXPEND MONEY FROM THE CASH FUND
FOR THE FOLLOWING PURPOSES
:
(I) P
ROVIDING REIMBURSEMENTS TO A PARTICIPATING SCHOOL FOOD
AUTHORITY FOR OFFERING ELIGIBLE MEALS WITHOUT CHARGE PURSUANT TO
SECTION
22-82.9-204 (1)(b);
(II) A
WARDING LOCAL FOOD PURCHASING GRANTS PURSUANT TO
SECTION
22-82.9-205;
(III) D
ISTRIBUTING MONEY TO A PARTICIPATING SCHOOL FOOD
AUTHORITY TO INCREASE WAGES OR PROVIDE STIPENDS FOR INDIVIDUALS
WHOM THE PARTICIPATING SCHOOL FOOD AUTHORITY EMPLOYS TO DIRECTLY
PREPARE AND SERVE FOOD FOR SCHOOL MEALS PURSUANT TO SECTION
22-82.9-206 (1);
(IV) A
WARDING LOCAL SCHOOL FOOD PURCHASING TECHNICAL
ASSISTANCE AND EDUCATION GRANTS PURSUANT TO SECTION
22-82.9-207;
AND
PAGE 8-HOUSE BILL 24-1390 (V) THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THE
PROGRAMS DESCRIBED IN THIS SUBSECTION
(3)(a), SO LONG AS THESE COSTS
DO NOT EXCEED ONE AND FIVE
-TENTHS PERCENT OF THE TOTAL AMOUNT THE
GENERAL ASSEMBLY ANNUALLY APPROPRIATES IN THE SAME FISCAL YEAR
FOR THE OTHER PURPOSES DESCRIBED IN THIS SUBSECTION
(3)(a).
(b) M
ONEY IN THE CASH FUND SHALL NOT BE USED FOR THE
PURPOSES DESCRIBED IN SUBSECTIONS
(3)(a)(II), (3)(a)(III), AND (3)(a)(IV)
OF THIS SECTION IF THE SUM OF THE ANNUAL TAX YEAR REVENUE RECORDED
IN THE CASH FUND AND THE BALANCE IN THE CASH FUND
, AS CALCULATED
PURSUANT TO SUBSECTION
(4) OF THIS SECTION, IS LESS THAN, OR IS
ANTICIPATED TO BE LESS THAN
, THE ANNUAL EXPENDITURE ANTICIPATED TO
BE REQUIRED FOR THE PURPOSES DESCRIBED IN SUBSECTIONS
(3)(a)(I) AND
(3)(a)(V) OF THIS SECTION.
(4) (a) T
HE DEPARTMENT OF REVENUE SHALL , ON A MONTHLY BASIS,
RECORD REVENUES AND DEPOSIT MONEY IN THE CASH FUND IN A M ANNER
THAT IS ALIGNED WITH EXEMPT REVENUES DETERMINED PURSUANT TO
SUBSECTION
(4)(b) OF THIS SECTION.
(b) T
HE DEPARTMENT OF REVENUE SHALL , ON A MONTHLY BASIS,
REPORT THE AMOUNT OF HEALTHY SCHOOL MEALS FOR ALL PROGRAM
REVENUE IDENTIFIED FROM TAX RETURNS TO THE OFFICE OF STATE PLANNING
AND BUDGETING AND THE LEGISLATIVE COUNCIL STAFF
. THE OFFICE OF
STATE PLANNING AND BUDGETING SHALL CALCULATE THE AMOUNT OF
HEALTHY SCHOOL MEALS FOR ALL PROGRAM REVENUE BOTH PROJECTED TO
BE RECEIVED AND ACTUALLY RECEIVED BY THE DEPARTMENT OF REVENUE
BASED ON INCOME TAX RETURN DATA AND OTHER RELEVANT FACTORS
. THE
OFFICE OF STATE PLANNING AND BUDGETING SHALL ALSO IDENTIFY
, IN
COLLABORATION WITH THE DEPARTMENT OF REVENUE
, THE REVENUE TO BE
RECORDED AND DEPOSITED ON A MONTHLY BASIS BY THE DEPARTMENT OF
REVENUE IN THE CASH FUND PURSUANT TO SUBSECTION
(4)(a) OF THIS
SECTION
, AND THE TOTAL REVENUE TO BE RECORDED AND DEPOSITED BY THE
DEPARTMENT OF REVENUE IN THE CASH FUND FOR THE FISCAL YEAR
.
(c) T
HE AMOUNT OF HEALTHY SCHOOL MEALS FOR ALL PROGRAM
REVENUE IDENTIFIED BY THE OFFICE OF STATE PLANNING AND BUDGETING
FOR EACH FISCAL YEAR MUST INCLUDE ADJUSTMENTS FOR ESTIMATION
ERRORS DISCOVERED FOR ALL PRIOR FISCAL YEARS
. THE OFFICE SHALL
NOTIFY THE DEPARTMENT OF REVENUE AND THE LEGISLATIVE C OUNCIL
PAGE 9-HOUSE BILL 24-1390 STAFF OF THE GENERAL ASSEMBLY OF THE ADJUSTMENT AMOUNTS .
(d) O
N DECEMBER 1, 2024, AND EVERY DECEMBER 1 THEREAFTER,
THE OFFICE OF STATE PLANNING AND BUDGETING SHALL REPORT THE
AMOUNT OF HEALTHY SCHOOL MEALS FOR ALL PROGRAM REVENUE RECEIVED
BY THE DEPARTMENT OF REVENUE IN THE PREVIOUS TAX YEAR BASED ON
INCOME TAX RETURN DATA AND OTHER RELEVANT FACTORS
. THE GENERAL
ASSEMBLY SHALL CONSIDER THIS REPORT WHEN ESTIMATING THE AMOUNT
OF MONEY TO APPROPRIATE FOR THE PURPOSES SPECIFIED IN SUBSECTION
(3)
OF THIS SECTION IN THE NEXT FISCAL YEAR.
(5) I
F THE DEPARTMENT DETERMINES THAT THERE IS AN
INSUFFICIENT AMOUNT OF MONEY IN THE CASH FUND TO PROVIDE FOR AN
EXPENDITURE AUTHORIZED BY THE ANNUAL APPROPRIATION FROM THE CASH
FUND FOR THE PURPOSES DESCRIBED IN SUBSECTION
(3)(a)(I) OF THIS
SECTION
, THE DEPARTMENT MAY MAKE THE EXPENDITURE FROM THE
GENERAL FUND
.
(6) I
N ITS ANNUAL SUBMISSION OF THE STATE DEPARTMENT 'S BUDGET
REQUEST TO THE JOINT BUDGET COMMITTEE
, THE OFFICE OF STATE PLANNING
AND BUDGETING SHALL REPORT
:
(a) T
HE TOTAL AMOUNT OF EXPENDITURES FROM THE CASH FUND
MADE PURSUANT TO SUBSECTION
(3) OF THIS SECTION; AND
(b) THE TOTAL AMOUNT OF EXPENDITURES FROM THE GENERAL FUND
MADE PURSUANT TO SUBSECTION
(5) OF THIS SECTION.
(7) O
N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER THE
BALANCE FROM THE HEALTHY SCHOOL MEALS FOR ALL PROGRAM GENERAL
FUND EXEMPT ACCOUNT DEFINED IN SECTION
22-82.9-210 TO THE CASH
FUND PURSUANT TO SECTION
22-82.9-210 (8).
SECTION 11. In Colorado Revised Statutes, add part 3 to article
82.9 of title 22 as follows:
PART 3
LOCAL SCHOOL FOOD
PAGE 10-HOUSE BILL 24-1390 PURCHASING PROGRAMS
22-82.9-301. Definitions. A
S USED IN THIS PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
OLORADO GROWN, RAISED, OR PROCESSED PRODUCTS" MEANS
ALL FRUITS
, VEGETABLES, GRAINS, MEATS, AND DAIRY PRODUCTS, EXCEPT
LIQUID MILK
, GROWN OR RAISED IN COLORADO, AND MINIMALLY PROCESSED
PRODUCTS OR VALUE
-ADDED PROCESSED PRODUCTS THAT MEET THE
STANDARDS FOR THE
COLORADO PROUD DESIGNATION , ESTABLISHED BY THE
COLORADO DEPARTMENT OF AGRICULTURE , EVEN IF THE PRODUCT DOES NOT
HAVE THE
COLORADO PROUD DESIGNATION .
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
CREATED PURSUANT TO SECTION
24-1-115.
(3) "L
OCAL SCHOOL FOOD PURCHASING PROGRAM " OR "PURCHASING
PROGRAM
" MEANS THE LOCAL SCHOOL FOOD PURCHASING PROGRAM
CREATED IN SECTION
22-82.9-302.
(4) "M
INIMALLY PROCESSED PRODUCTS " MEANS RAW OR FROZEN
FABRICATED PRODUCTS
; PRODUCTS THAT RETAIN THEIR INHERENT
CHARACTER
, SUCH AS SHREDDED CARROTS OR DICED ONIONS ; AND DRIED
PRODUCTS
, SUCH AS BEANS, BUT DOES NOT INCLUDE ANY PRODUCTS THAT
ARE HEATED
, COOKED, OR CANNED.
(5) "N
ATIONAL SCHOOL LUNCH PROGRAM " MEANS THE FEDERAL
SCHOOL LUNCH PROGRAM CREATED IN THE
"RICHARD B. RUSSELL NATIONAL
SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ., AS AMENDED.
(6) "P
ARTICIPATING PROVIDER" MEANS A SCHOOL DISTRICT; DISTRICT
CHARTER SCHOOL
; INSTITUTE CHARTER SCHOOL; BOARD OF COOPERATIVE
SERVICES
; COLORADO SCHOOL FOR THE DEAF AND THE BLIND , ESTABLISHED
IN SECTION
22-80-102; APPROVED FACILITY SCHOOL OR FACILITY , AS
DEFINED IN SECTION
22-2-402; OR RESIDENTIAL OR DAY TREATMENT CHILD
CARE FACILITY
, AS DEFINED IN SECTION 26-6-903, THAT PARTICIPATES IN THE
FEDERAL NATIONAL SCHOOL LUNCH PROGRAM AND THAT HAS BEEN
SELECTED BY THE DEPARTMENT TO PARTICIPATE IN THE LOCAL SCHOOL FOOD
PURCHASING PROGRAM PURSUANT TO SECTION
22-82.9-302 (2)(b).
PAGE 11-HOUSE BILL 24-1390 (7) "STATE BOARD" MEANS THE STATE BOARD OF EDUCATION
CREATED AND EXISTING PURSUANT TO SECTION
1 OF ARTICLE IX OF THE
STATE CONSTITUTION
.
(8) "T
ECHNICAL ASSISTANCE AND EDUCATION PROGRAM " MEANS THE
LOCAL SCHOOL FOOD PURCHASING TECHNICAL ASSISTANCE AND EDUCATION
GRANT PROGRAM CREATED PURSUANT TO SECTION
22-82.9-303.
(9) "V
ALUE-ADDED PROCESSED PRODUCTS " MEANS PRODUCTS THAT
ARE ALTERED FROM THEIR UNPROCESSED OR MINIMALLY PROCESSED STATE
THROUGH PRESERVATION TECHNIQUES
, INCLUDING COOKING, BAKING, OR
CANNING
.
22-82.9-302. Local school food purchasing program - creation
- rules. (1) T
HE LOCAL SCHOOL FOOD PURCHASING PROGRAM IS CREATED
IN THE DEPARTMENT TO REIMBURSE PARTICIPATING PROVIDERS FOR THE
PURCHASE OF
COLORADO GROWN , RAISED, OR PROCESSED PRODUCTS
PURSUANT TO THIS SECTION
.
(2) (a) A
SCHOOL DISTRICT, DISTRICT CHARTER SCHOOL, INSTITUTE
CHARTER SCHOOL
, BOARD OF COOPERATIVE SERVICES , THE COLORADO
SCHOOL FOR THE DEAF AND THE BLIND
, AN APPROVED FACILITY SCHOOL OR
FACILITY
, OR A RESIDENTIAL CHILD CARE FACILITY MAY APPLY TO THE
DEPARTMENT TO PARTICIPATE IN THE PURCHASING PROGRAM TO RECEIVE
REIMBURSEMENT FOR PURCHASE OF
COLORADO GROWN , RAISED, OR
PROCESSED PRODUCTS PURSUANT TO THIS SECTION
.
(b) (I) T
HE DEPARTMENT SHALL SELECT PARTICIPATING PROVIDERS
THAT SERVED FEWER THAN TWO MILLION ONE HUNDRED FIFTY THOUSAND
SCHOOL LUNCHES IN THE
2023-24 SCHOOL YEAR. THE DEPARTMENT SHALL
CREATE A FORM FOR PARTICIPATING PROVIDERS TO TRACK AND REPORT THE
COLORADO GROWN, RAISED, OR PROCESSED PRODUCTS PURCHASED .
(II) T
HE DEPARTMENT SHALL GIVE PREFERENCE TO APPLICANTS
THAT
:
(A) D
EMONSTRATE A COMMITMENT TO LOCAL PURCHASING OR FOOD
AND AGRICULTURAL EDUCATION
;
(B) H
AVE A KITCHEN WITH THE ABILITY TO STORE , PREPARE, AND
PAGE 12-HOUSE BILL 24-1390 SERVE LOCAL FOOD PRODUCTS ;
(C) H
AVE GREATER THAN TWENTY -FIVE PERCENT OF THEIR
STUDENTS ELIGIBLE FOR FREE OR REDUCED PRICE LUNCH PURSUANT TO THE
NATIONAL SCHOOL LUNCH PROGRAM
;
(D) S
ERVED FEWER THAN ONE MILLION TWO HUNDRED FIFTY
THOUSAND SCHOOL LUNCHES IN THE
2023-24 SCHOOL YEAR COUNT; AND
(E) SATISFY ANY OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE DEPARTMENT
.
(III) T
O THE EXTENT POSSIBLE , IN SELECTING PARTICIPATING
PROVIDERS
, THE DEPARTMENT SHALL ENSURE DIVERSITY IN GEOGRAPHIC
LOCATION AND DISTRICT PUPIL COUNT
.
(c) O
N OR BEFORE AUGUST 1 OF THE YEAR FOLLOWING THE
PARTICIPATING PROVIDER
'S APPLICATION, THE PARTICIPATING PROVIDER
SHALL TRACK AND REPORT TO THE DEPARTMENT FOR THE SCHOOL YEAR IN
WHICH IT APPLIED
, AND FOR THE 2023-24 SCHOOL YEAR, THE TOTAL AMOUNT
OF
COLORADO GROWN, RAISED, OR PROCESSED PRODUCTS IT PURCHASED FOR
STUDENT MEALS AND THE TOTAL NUMBER OF LUNCHES THAT IT PROVIDED TO
STUDENTS
.
(3) (a) I
N OCTOBER 2024, THE DEPARTMENT SHALL REIMBURSE EACH
PARTICIPATING PROVIDER PARTICIPATING IN THE PURCHASING PROGRAM AT
LEAST FIVE CENTS FOR EVERY SCHOOL LUNCH THAT THE PARTICIPATING
PROVIDER PREPARED IN THE
2023-24 SCHOOL YEAR OR A MINIMUM OF ONE
THOUSAND DOLLARS
, WHICHEVER IS GREATER ; EXCEPT THAT A
PARTICIPATING PROVIDER IS NOT REIMBURSED FOR THE AMOUNT OF
VALUE
-ADDED PROCESSED PRODUCTS THAT EXCEEDS TWENTY -FIVE PERCENT
OF THE TOTAL OF THE
COLORADO GROWN, RAISED, OR PROCESSED PRODUCTS
IT PURCHASED
.
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, THE
MAXIMUM AMOUNT OF REIMBURSEMENTS THAT MAY BE AWARDED IN ANY
YEAR IS FIVE HUNDRED THOUSAND DOLLARS
.
(4) R
EIMBURSEMENT PAYMENTS MADE PURSUANT TO THIS SECTION
ACCRUE TO THE PARTICIPATING PROVIDER
'S NONPROFIT SCHOOL FOOD
PAGE 13-HOUSE BILL 24-1390 ACCOUNT.
(5) (a) T
HE STATE BOARD IS AUTHORIZED TO ADOPT RULES TO
IMPLEMENT THE PURCHASING PROGRAM
.
(b) T
HE DEPARTMENT IS AUTHORIZED TO MONITOR THE PURCHASING
PROGRAM TO ENSURE PROGRAM INTEGRITY
.
(c) T
HE DEPARTMENT SHALL CREATE , DISTRIBUTE, AND COLLECT
PRODUCER AND PARTICIPATING PROVIDER SURVEYS REQUIRED PURS UANT TO
SECTION
22-82.9-304.
(6) I
F IN ANY STATE BUDGET YEAR THE DEPARTMENT DOES NOT
EXPEND OR ENCUMBER THE FULL AMOUNT OF THE APPROPRIATION FOR THE
PURCHASING PROGRAM
, UP TO FIVE PERCENT OF THE APPROPRIATION IS
AVAILABLE TO THE DEPARTMENT IN THE NEXT STATE BUDGET YEAR TO PAY
FOR THE EVALUATION REQUIRED PURSUANT TO SECTION
22-82.9-304.
22-82.9-303. Local school food purchasing technical assistance
and education grant program - creation - report. (1) T
HE LOCAL SCHOOL
FOOD PURCHASING TECHNICAL ASSISTANCE AND EDUCATION GRANT
PROGRAM IS CREATED IN THE DEPARTMENT
. THE PURPOSE OF THE TECHNICAL
ASSISTANCE AND EDUCATION PROGRAM IS TO ISSUE A GRANT TO A
STATEWIDE NONPROFIT ORGANIZATION TO DEVELOP AND MANAGE A GRANT
PROGRAM TO ASSIST WITH THE PROMOTION OF
COLORADO GROWN, RAISED,
OR PROCESSED PRODUCTS TO PARTICIPATING PROVIDERS .
(2) S
UBJECT TO AVAILABLE APPROPRIATIONS , THE NONPROFIT
ORGANIZATION MAY AWARD GRANTS FOR THE FOLLOWING
:
(a) T
RAINING, TECHNICAL ASSISTANCE , AND PHYSICAL
INFRASTRUCTURE GRANTS TO PARTICIPATING PROVIDERS
, GROWER
ASSOCIATIONS
, OR OTHER ORGANIZATIONS THAT AGGREGATE PRODUCTS
FROM PRODUCERS FOR
:
(I) P
ROFESSIONAL CONTRACTING SERVICES TO SUPPORT THE
DEVELOPMENT AND SUSTAINABILITY OF LOCAL AND REGIONAL FOOD
SYSTEMS
;
(II) C
HEF TRAINING ON FOOD HANDLING AND PROCUREMENT
PAGE 14-HOUSE BILL 24-1390 PRACTICES AND SMALL KITCHEN EQUIPMENT PURCHASES ;
(III) G
OOD AGRICULTURAL PRACTICES CERTIFICATION COSTS AND
GOOD HANDLING PRACTICES CERTIFICATION COSTS AND TRAINING ON
SELLING TO SCHOOLS
; AND
(IV) CAPACITY BUILDING FOR LOCAL VALUE -ADDED PROCESSED
PRODUCTS
; AND
(b) EDUCATION, OUTREACH, AND PROMOTION FOR:
(I) S
CHOOLS TO ENGAGE FAMILIES AND COMMUNITIES AROUND THE
BENEFITS OF FARM
-TO-SCHOOL AND WAYS TO SUPPORT FARM -TO-SCHOOL;
AND
(II) GROWER ASSOCIATIONS AND GROWERS TO COMMUNICATE TO
SCHOOLS AND SCHOOL COMMUNITIES ABOUT THE MULTIPLE BENEFITS OF
PURCHASING LOCAL PRODUCTS
.
(3) T
HE NONPROFIT ORGANIZATION SHALL ANNUALLY REPORT TO
THE DEPARTMENT ON THE TECHNICAL ASSISTANCE AND EDUCATION
PROGRAM
, INCLUDING:
(a) T
HE NUMBER AND TYPES OF ENTITIES RECEIVING GRANTS ;
(b) T
HE NUMBER, TYPES, AND PURPOSES OF THE GRANTS AWARDED
PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION; AND
(c) THE TYPES OF EDUCATION AND OUTREACH CONDUCTED BY
PARTICIPATING PROVIDERS AND OTHERS PURSUANT TO SUBSECTION
(2)(b)
OF THIS SECTION.
22-82.9-304. Evaluation - report. (1) O
N OR BEFORE DECEMBER
1, 2025, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE EDUCATION
COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE
, THE
HOUSE OF REPRESENTATIVES AGRICULTURE
, WATER, AND NATURAL
RESOURCES COMMITTEE
, THE SENATE AGRICULTURE AND NATURAL
RESOURCES COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES, ON THE EFFECT
OF THE PURCHASING PROGRAM ON THE AMOUNT OF
COLORADO GROWN ,
RAISED, OR PROCESSED PRODUCTS PURCHASED BY PARTICIPATING
PAGE 15-HOUSE BILL 24-1390 PROVIDERS, INCLUDING:
(a) N
AMES AND DEMOGRAPHIC DATA OF PARTICIPATING PROVIDERS ;
(b) T
HE DOLLAR AMOUNT SPENT ON COLORADO GROWN, RAISED, OR
PROCESSED PRODUCTS DURING THE PURCHASING PROGRAM
, INCLUDING
LOCAL PURCHASING DATA FROM THE
2023-24 SCHOOL YEAR, THAT THE
PARTICIPATING PROVIDER INCLUDED IN THE APPLICATION TO THE
PURCHASING PROGRAM
;
(c) P
RODUCT CATEGORIES PURCHASED ;
(d) N
UMBER OF COLORADO PRODUCERS OR BUSINESSES
PARTICIPATING BY PARTICIPATING PROVIDER AND IN TOTAL
;
(e) E
CONOMIC EFFECT ON PARTICIPATING PROVIDERS , PRODUCERS,
AND ECONOMIES; AND
(f) QUALITATIVE PRODUCER AND PARTICIPATING PROVIDER
SURVEYS
.
22-82.9-305. Program funding - state education fund.
P
URCHASING NUTRITIOUS FOODS FROM COLORADO'S FOOD SYSTEMS,
INCLUDING LOCAL FARMERS AND RANCHERS , SUPPORTS STUDENTS '
NUTRITION AND PROVIDES QUALITY MEALS TO BOOST THE HEALTH AND
WELL
-BEING OF COLORADO STUDENTS, AND IS AN IMPORTANT COMPONENT
OF AN ACCOUNTABLE EDUCATION PR OGRAM TO MEET STATE ACADEMIC
STANDARDS
, AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE
EDUCATION FUND CREATED SECTION
17 (4) OF ARTICLE IX OF THE STATE
CONSTITUTION
.
22-82.9-306. Repeal of part. T
HIS PART 3 IS REPEALED, EFFECTIVE
JULY 1, 2026.
SECTION 12. In Colorado Revised Statutes, 24-75-109, amend
(1)(f) as follows:
24-75-109. Controller may allow expenditures in excess of
appropriations - limitations - appropriations for subsequent fiscal year
restricted - repeal. (1) For the purpose of closing the state's books, and
PAGE 16-HOUSE BILL 24-1390 subject to the provisions of this section, the controller may, on or after May
1 of any fiscal year and before the forty-fifth day after the close thereof,
upon approval of the governor, allow any department, institution, or agency
of the state, including any institution of higher education, to make an
expenditure in excess of the amount authorized by an item of appropriation
for such fiscal year if:
(f) The overexpenditure is by the department of education for either:
(I) Providing reimbursements to a participating school food
authority for offering eligible meals without charge, pursuant to section
22-82.9-204 (1)(b); or
(II) Distributing money to a participating school food authority to
increase wages or provide stipends for individuals whom the participating
school food authority employs to directly prepare and serve food for school
meals, pursuant to section 22-82.9-206 (1). PROVIDING REIMBURSEMENTS
TO A PARTICIPATING SCHOOL FOOD AUTHORITY FOR OFFERING ELIGIBLE
MEALS WITHOUT CHARGE
, PURSUANT TO SECTION 22-82.9-204 (1)(b).
SECTION 13. In Colorado Revised Statutes, 24-75-201, amend
(2)(c) as follows:
24-75-201. General fund - general fund surplus - custodial
money - repeal. (2) (c) (I) Any unrestricted balance remaining in the
healthy school meals for all program general fund exempt account created
in section 22-82.9-210 (2) at the end of any fiscal year shall not be
designated as part of the general fund surplus.
(II) T
HIS SUBSECTION (2)(c) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 14. In Colorado Revised Statutes, 24-75-201.1, amend
(2)(e) as follows:
24-75-201.1. Restriction on state appropriations - legislative
declaration - definitions - repeal. (2) The basis for the calculation of the
reserve as specified in this section includes all appropriations for
expenditure from the general fund for such fiscal year, except for any
appropriations for:
PAGE 17-HOUSE BILL 24-1390 (e) (I) Expenditures from the healthy school meals for all program
general fund exempt account created in section 22-82.9-210 (2).
(II) T
HIS SUBSECTION (2)(e) IS REPEALED, EFFECTIVE JULY 1, 2025.
PAGE 18-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
SECTION 15. Appropriation to the department of education for the fiscal year beginning July 1, 2024. Amend as added by House Bill 24-1430 section 2, Part IV (1)(A),
(3)(D)(1), (3)(D)(2), and the affected totals, and repeal Footnote 17, as follows:
Section 2. Appropriation.
PART IV
DEPARTMENT OF EDUCATION
(1) MANAGEMENT AND ADMINISTRATION
(A) Administration and Centrally-Appropriated Line Items
State Board of Education 575,805 575,805
(2.5 FTE)
General Department and
Program Administration 6,532,726 3,204,516 188,595
a
3,139,615
b
(23.9 FTE) (2.1 FTE) (19.9 FTE)
Grants Administration 564,452 389,513 174,939
c
Health, Life, and Dental 9,686,767 4,025,403 1,462,109
d
968,342
e
3,230,913(I)
Short-term Disability 93,966 38,115 12,790
d
9,834
e
33,227(I)
PAGE 19-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
Paid Family Medical Leave
Insurance 265,629 96,798 1,277
f 38,371
d
29,501
e
99,682(I)
39,648
d
Unfunded Liability
Amortization Equalization
Disbursement 6,264,374 2,498,466 42,478
f 852,690
d
655,574
e
2,215,166(I)
895,168
d
Salary Survey 2,167,677 778,984 20,500
f 311,459
d
240,788
e
815,946(I)
331,959
d
Step Pay 2,163,729 908,997 312,360
d
205,099
e
737,273(I)
PERA Direct Distribution 1,304,359 963,385 6,335
f 188,732
d
145,907
e
195,067
d
Temporary Employees
Related to Authorized
Leave 29,961 29,961
Workers' Compensation 334,121 160,533 43,601
d
11,291
e
118,696(I)
Legal Services 1,324,188 818,348 443,603
d
62,237
e
PAGE 20-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
Administrative Law Judge
Services 209,603 209,603
g
Payment to Risk
Management and Property
Funds 821,832 821,832
Capitol Complex Leased
Space 1,053,714 300,308 191,776
d
95,888
h
465,742(I)
CORE Operations 66,377 33,185 25,715
i 7,477
j
33,459,280
a
This amount shall be from general education development program fees.
b
Of this amount, $2,270,195 shall be from departmental indirect cost recoveries or the Indirect Costs Excess Recovery Fund cre ated in Section 24-75-1401 (2), C.R.S., and $869,420
shall be from statewide indirect cost recoveries or the Indirect Costs Excess Recovery Fund created in Section 24-75-1401 (2), C.R.S.
c
Of this amount, $91,134 shall be from the State Education Fund created in Section 17 (4)(a) of Article IX of the State Consti tution, $48,734 shall be from the Marijuana Tax Cash
Fund created in Section 39-28.8-501 (1), C.R.S., $27,096 shall be from the Early Literacy Fund created in Section 22-7-1210 (1) , C.R.S. $4,459 shall be from the Public School Capital
Construction Assistance Fund created in Section 22-43.7-104 (1), C.R.S., and $3,516 shall be from the Start Smart Nutrition Pro gram Fund created in Section 22-82.7-105 (1), C.R.S.
Pursuant to Section 17 (3) of Article IX of the State Constitution, appropriations from the State Education Fund are not subjec t to the limitation on fiscal year spending set forth in Section
20 of Article X of the State Constitution.
PAGE 21-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
d
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 C onstitution, $1,098,482(I) shall be from the Educator
Licensure Cash Fund created in Section 22-60.5-112 (1)(a), C.R.S., $597,456 shall be from the Public School Capital Constructio n Assistance Fund created in Section 22-43.7-104 (1),
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 Mar ijuana Tax Cash Fund created in Section 39-28.8-501
(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
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
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.
e
Of these amounts, $2,042,122 shall be from departmental indirect cost recoveries or the Indirect Costs Excess Recovery Fund c reated in Section 24-75-1401 (2), C.R.S., $62,237 is
estimated to be transferred from the Division of Public School Capital Construction Assistance line item appropriation in the S chool District Operations section of this department,
$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
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
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.
f
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.
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
in Section 17 (4)(a) of Article IX of the State Constitution. Pursuant to Section 17 (3) of Article IX of the State Constitutio n, 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.
h
This amount shall be transferred from the Division of Pu blic School Capital Construction Assistance line item appropriation i n the School District Operations section of this department.
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
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),
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 Marijua na Tax Cash Fund created in Section 39-28.8-501 (1),
C.R.S., and $385 shall be from general education development program fees. Pursuant to Section 17 (3) of Article IX of the Stat e Constitution, 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. j 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.
PAGE 22-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
(3) SCHOOL DISTRICT OPERATIONS
(D) Nutrition
(1) Healthy School Meals for All Program
Program Administration
17
A
DMINISTRATION
887,732
95,908
791,824
a
791,824 791,824
a
(3.2 FTE)
(1.0 FTE)
(3.2 FTE)
School Meal
Reimbursements 137,483,812 22,146,226
115,337,586
a
137,483,812
a
Local Food Purchasing
Grant
5,000,000
5,000,000
Local Food Technical Assistance Grant
5,000,000
5,000,000
Wage Distributions
8,400,000
8,400,000
156,771,544
PAGE 23-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
138,275,636
a
These amounts
O
F THESE AMOUNTS
, $116,129,410 shall be from the Healthy School Meals for All Program General Fund Exempt Account,
C
ASH
F
UND
, created in Section 22-82.9-211
(2), C.R.S.,
AND
$22,146,226
SHALL BE FROM THE
S
TATE
E
DUCATION
F
UND CREATED IN
S
ECTION
17
(4)(a)
OF
A
RTICLE
IX
OF THE
S
TATE
C
ONSTITUTION
.
(2) Other Nutrition Program
Federal Nutrition Programs 156,775,300 104,973 156,670,327(I)
(0.9 FTE) (16.1 FTE)
State Match for School
Lunch Program 2,472,644 2,472,644
a
Child Nutrition School
Lunch Protection Program 841,460 841,460
b
Start Smart Nutrition
Program 296,484 296,484
c
L
OCAL
S
CHOOL
F
OOD
P
URCHASING
P
ROGRAMS
675,729 675,729
b
(0.4 FTE)
PAGE 24-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
Summer Electronics
Benefits Transfer for
Children 447,870 223,935 223,935(I)
(0.9 FTE) (0.8 FTE)
160,833,758
161,509,487
a
This amount shall be from the State Public School Fund created in Section 22-54-114 (1), C.R.S., from interest and income earn ed on the investment of money in the Public School
Fund that is credited to the State Public School Fund pursuant to Section 22-41-102 (3)(g), C.R.S.
b
This amount shall be from the State Education Fund created in Section 17 (4)(a) of Article IX of the State Constitution. Pursu ant to Section 17 (3) of Article IX of the State Constitution,
appropriations from the State Education Fund are not subject to the limitation on fiscal year spending set forth in Section 20 of Article X of the State Constitution.
c
This amount shall be from the Start Smart Nutrition Program Fund created in Section 22-82.7-105 (1), C.R.S.
TOTALS PART IV
(EDUCATION)$7,440,497,346
$3,338,057,203
$1,363,480,333
a
1,764,077,511
b
$104,652,889
c
$870,229,410
d
$7,422,677,167 $3,297,415,069 $1,247,280,333
a
$1,903,099,466
b
PAGE 25-HOUSE BILL 24-1390 APPROPRIATION FROM
ITEM &
SUBTOTAL
TOTAL GENERAL
FUND
GENERAL
FUND
EXEMPT
CASH
FUNDS
REAPPROPRIATED
FUNDS
FEDERAL
FUNDS
$$$$$ $ $
a
This amount shall be from the General Fund Exempt Account created in Section 24-77-103.6 (2), C.R.S.
b
Of this amount, $5,432,434 contains an (I) notation.
c
Of this amount, $43,900,000 contains an (I) notation.
d
This amount contains an (I) notation.
FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2.
17
Department of Higher Education, School District Operations, Nutrition, Healthy School Meals for All, Program Administration -- Of the amount appropriated in this line item, up to $400,000, if not expended prior to the close of the 2024-25 state fiscal year, remains available for expenditure until the close of the 2025-26 state fiscal year. PAGE 26-HOUSE BILL 24-1390 SECTION 16. Repeal and reenact, with amendments, as enacted
by House Bill 24-1430, section 16, as follows:
SECTION 16. Appropriation to the department of education for
the fiscal year beginning July 1, 2023. In Session Laws of Colorado 2023,
amend section 7 (1) introductory portion, (1)(f), and add (1)(h) of chapter
89, (SB 23-221), as follows:
Section 7. Appropriation. (1) For the 2023-24 state fiscal year,
$171,439,107 is appropriated to the department of education. Of this
appropriation, $156,000,000 is from the healthy school meals for all
program general fund exempt account and $15,439,107 is from the general
fund. STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF
THE STATE CONSTITUTION
. To implement this act, the department may use
this appropriation as follows:
(f) $171,000,000 for school meal reimbursements; and
(h) $100,000 for consulting support, which amount, if not expended
prior to the close of the 2023-24 state fiscal year, remains available for
expenditure until the close of the 2024-25 state fiscal year.
SECTION 17. Effective date. This act takes effect upon passage;
except that sections 15 and 16 of this act take effect only if House Bill
24-1430 becomes law, in which case sections 15 and 16 take effect upon the
effective date of this act or House Bill 24-1430, whichever is later.
SECTION 18. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 27-HOUSE BILL 24-1390 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 28-HOUSE BILL 24-1390