Colorado 2025 Regular Session

Colorado Senate Bill SB214 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REVISED~~
	4	+	ENGROSSED
5	5		This Version Includes All Amendments Adopted
6		-	on Second Reading in the ~~Second House~~
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0750.04 Pierce Lively x2059
8	8		SENATE BILL 25-214
9	9		Senate Committees House Committees
10		-	Appropriations ~~Appropriations~~
	10	+	Appropriations
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING REIMBURSEMENTS FOR ELIGIBLE MEALS PROVIDED101
14	14		THROUGH THE HEALTHY SCHOOL MEALS FOR ALL PROGRAM ,102
15	15		AND, IN CONNECTION THEREWITH , MAKING AND REDUCING AN103
16	16		APPROPRIATION.104
17	17		Bill Summary
18	18		(Note: This summary applies to this bill as introduced and does
19	19		not reflect any amendments that may be subsequently adopted. If this bill
20	20		passes third reading in the house of introduction, a bill summary that
21	21		applies to the reengrossed version of this bill will be available at
22	22		http://leg.colorado.gov/
23	23		.)
24	24		Joint Budget Committee. The healthy school meals for all
25	25		program (program) reimburses participating school food authorities for
26	26		meals that those authorities provide to students without charge. Section
27		-	HOUSE
28		-	Amended 2nd Reading
29		-	April 9, 2025
30		-	SENATE
31		-	3rd Reading Unamended
32		-	April 3, 2025
33	27		SENATE
34	28		Amended 2nd Reading
35	29		April 2, 2025
36	30		SENATE SPONSORSHIP
37		-	Bridges and Amabile, Kirkmeyer~~, Michaelson Jenet, Mullica, Snyder, Wallace~~
	31	+	Bridges and Amabile, Kirkmeyer
38	32		HOUSE SPONSORSHIP
39	33		Sirota and Taggart, Bird
40	34		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
41	35		Capital letters or bold & italic numbers indicate new material to be added to existing law.
42	36		Dashes through the words or numbers indicate deletions from existing law. 2 of the bill allows for the amount of these reimbursements to be
43	37		modified in 2 different scenarios. First, if a referred measure that would,
44	38		beginning with the 2026 state income tax year, increase state taxes
45	39		annually by at least $90 million in connection with the program is not
46	40		approved by the voters voting on the referred measure at the 2025
47	41		statewide election, the department of education (department) is required
48	42		to only provide reimbursements to participating school food authorities
49	43		for meals served at eligible sites. Eligible sites are those that either:
50	44		! Qualify for the community eligibility provision program, as
51	45		that program exists on November 15, 2025; or
52	46		! Is identified as an eligible site by the department based on
53	47		the amount that the general assembly appropriates for the
54	48		purpose of providing reimbursements to a participating
55	49		school food authority for offering eligible meals without
56	50		charge and the percentage of a site's student enrollment
57	51		who are certified as eligible for free meals based on
58	52		documentation of benefit receipt or categorical eligibility
59	53		as described in federal rule, or any successor regulations.
60	54		Second, if the department, in consultation with the office of state planning
61	55		and budgeting, determines that the amount that the general assembly
62	56		appropriated for the purpose of providing reimbursements to a
63	57		participating school food authority is less than the costs of the department
64	58		providing those reimbursements, the department may request a
65	59		supplemental appropriation or an overexpenditure. If that request is
66	60		rejected, the department may determine a prorated reimbursement amount
67	61		for the reimbursements that the department provides through the program
68	62		to each participating school food authority for the remainder of that
69	63		budget year.
70	64		Under current law, if the department determines that there is an
71	65		insufficient amount of money in the healthy school meals for all program
72	66		cash fund (fund) for the department to provide reimbursements to a
73	67		participating school food authority for offering eligible meals without
74	68		charge, the department may make an expenditure from the general fund
75	69		to provide those reimbursements. Sections 4 and 6 limit this expenditure
76	70		authority to fiscal years commencing on or before July 1, 2024.
77	71		Additionally, under current law, the general assembly is required
78	72		to appropriate money from the state education fund to cover program
79	73		costs for which there is not sufficient money in the fund for state fiscal
80	74		years 2023-24 and 2024-25. Section 3 allows the general assembly to
81	75		appropriate money from the state education fund into state fiscal year
82	76		2025-26. Section 4 requires the department, on January 15, 2027, in
83	77		consultation with the office of state planning and budgeting, to report to
84	78		the joint budget committee on whether there is a sufficient balance in the
85	79		fund for:
86	80		! The state treasurer to transfer an amount from the fund to
87	81		214
88	82		-2- the state education fund equal to the total amount of
89	83		expenditures from the state education fund for the program
90	84		for state fiscal years 2022-23, 2023-24, 2024-25, and
91	85		2025-26 minus the amount of additional tax revenue
92	86		deposited in the state education fund as a result of the
93	87		increase in state income tax generated in connection with
94	88		voter approval of the program for those same fiscal years;
95	89		and
96	90		! The department to provide reimbursements to a
97	91		participating school food authority for offering eligible
98	92		meals without charge.
99	93		Section 8 decreases the appropriation for school meal
100	94		reimbursements provided through the program from the general fund by
101	95		$42,240,242 and increases the appropriation from the state education fund
102	96		by $8,119,271 for the same purpose.
103	97		Be it enacted by the General Assembly of the State of Colorado:1
104	98		SECTION 1. Legislative declaration. The general assembly2
105	99		finds and declares that, in the event of unanticipated federal action,3
106	100		changes in the amount of tax revenue collected in connection with the4
107	101		Healthy School Meals for All program, or changes in the utilization of the5
108	102		Healthy School Meals for All program it is the general assembly's intent6
109	103		to prioritize reimbursing the cost of meals served for those students who7
110	104		are certified as eligible for free meals based on documentation of benefit8
111	105		receipt or categorical eligibility as described in 7 CFR 245.9 (f)(1)(iii)9
112	106		and by those schools that participate in the federal community eligibility10
113	107		provision program created in 42 U.S.C. sec. 1759a (a)(1)(F).11
114	108		SECTION 2. In Colorado Revised Statutes, 22-82.9-204, amend12
115	109		(1)(a)(I), (1)(a)(II), (1)(b), and (2); and add (1)(b.3) and (1)(b.5) as13
116	110		follows:14
117	111		22-82.9-204. Healthy school meals for all program - created -15
118	112		advisory group - report - rules - definition - repeal. (1) (a) There is16
119	113		created in the department the healthy school meals for all program17
120	114		214-3- through which each school food authority that chooses to participate in1
121	115		the program:2
122	116		(I) Offers eligible meals, without charge, to all students enrolled3
123	117		in the public schools
124	118		THAT ARE served by the participating school food4
125	119		authority, that
126	120		participate in the national school lunch program or national5
127	121		school breakfast program,
128	122		AND FOR WHICH THE DEPARTMENT MAY6
129	123		REIMBURSE THE PARTICIPATING SCHOOL FOOD AUTHORITY PURSUANT TO7
130	124		SUBSECTION (1)(b) OR (1)(b.3) OF THIS SECTION;8
131	125		(II) Receives reimbursement for the meals as described in9
132	126		subsection (1)(b)of this section
133	127		THIS SUBSECTION (1);10
134	128		(b) (I) F
135	129		OR ELIGIBLE MEALS SERVED BEFORE JANUARY 1, 2026, the11
136	130		amount of the reimbursement provided through the program to each12
137	131		participating school food authority for each budget year, is equal to the13
138	132		federal free reimbursement rate multiplied by the total number of eligible14
139	133		meals that the participating school food authority serves during the15
140	134		applicable budget year minus the total amount of reimbursement for16
141	135		eligible meals served during the applicable budget year that the17
142	136		participating school food authority receives pursuant to the national18
143	137		school breakfast program, the national school lunch program, sections19
144	138		22-54-123 and 22-54-123.5, article 82.7 of this title 22, and part 1 of this20
145	139		article 82.9.21
146	140		(II) (A) N
147	141		OTWITHSTANDING ANY LAW TO THE CONTRARY , IF A22
148	142		REFERRED MEASURE THAT WOULD , IN COMBINATION WITH SECTION
149	143		23
150	144		39-22-104 (3)(p.5),
151	145		RESULT IN THE COLLECTION OF AT LEAST ONE
152	146		24
153	147		HUNDRED FIFTY MILLION DOLLARS FOR THE INCOME TAX YEAR25
154	148		COMMENCING ON JANUARY 1, 2026, IN CONNECTION WITH THE HEALTHY26
155		-	SCHOOL MEALS FOR ALL PROGRAM~~, AS ESTIMATED IN~~ THE ~~FISCAL IMPACT27~~
	149	+	SCHOOL MEALS FOR ALL PROGRAM IS APPROVED BY THE VOTERS VOTING27
156	150		214
157		-	-4- STATEMENT PREPARED PURSUANT TO SECTION 1-40-124.5 FOR THAT1
158		-	REFERRED MEASURE, IS APPROVED BY THE VOTERS VOTING ON THE2
159		-	REFERRED MEASURE AT THE STATEWIDE ELECTION HELD ON NOVEMBER3
160		-	4,
161		-	2025, FOR ELIGIBLE MEALS SERVED ON OR AFTER JANUARY 1, 2026, THE4
162		-	AMOUNT OF THE REIMBURSEMENT PROVIDED THROUGH THE PROGRAM TO5
163		-	EACH PARTICIPATING SCHOOL FOOD AUTHORITY FOR EACH BUDGET YEAR6
164		-	IS EQUAL TO THE FEDERAL FREE REIMBURSEMENT RATE MULTIPLIED BY7
165		-	THE TOTAL NUMBER OF ELIGIBLE MEALS THAT THE PARTICIPATING SCHOOL8
166		-	FOOD AUTHORITY SERVES DURING THE APPLICABLE BUDGET YEAR MINUS9
167		-	THE TOTAL AMOUNT OF REIMBURSEMENT FOR ELIGIBLE MEALS SERVED10
168		-	DURING THE APPLICABLE BUDGET YEAR THAT THE PARTICIPATING SCHOOL11
169		-	FOOD AUTHORITY RECEIVES PURSUANT TO THE NATIONAL SCHOOL12
170		-	BREAKFAST PROGRAM , THE NATIONAL SCHOOL LUNCH PROGRAM ,13
171		-	SECTIONS 22-54-123 AND 22-54-123.5, ARTICLE 82.7 OF THIS TITLE 22,14
172		-	AND PART 1 OF THIS ARTICLE 82.9.15
	151	+	-4- ON THE REFERRED MEASURE AT THE STATEWIDE ELECTION HELD ON1
	152	+	N
	153	+	OVEMBER 4, 2025, FOR ELIGIBLE MEALS SERVED ON OR AFTER JANUARY2
	154	+	1,
	155	+	2026, THE AMOUNT OF THE REIMBURSEMENT PROVIDED THROUGH THE3
	156	+	PROGRAM TO EACH PARTICIPATING SCHOOL FOOD AUTHORITY FOR EACH4
	157	+	BUDGET YEAR IS EQUAL TO THE FEDERAL FREE REIMBURSEMENT RATE5
	158	+	MULTIPLIED BY THE TOTAL NUMBER OF ELIGIBLE MEALS THAT THE6
	159	+	PARTICIPATING SCHOOL FOOD AUTHORITY SERVES DURING THE7
	160	+	APPLICABLE BUDGET YEAR MINUS THE TOTAL AMOUNT OF8
	161	+	REIMBURSEMENT FOR ELIGIBLE MEALS SERVED DURING THE APPLICABLE9
	162	+	BUDGET YEAR THAT THE PARTICIPATING SCHOOL FOOD AUTHORITY10
	163	+	RECEIVES PURSUANT TO THE NATIONAL SCHOOL BREAKFAST PROGRAM ,11
	164	+	THE NATIONAL SCHOOL LUNCH PROGRAM , SECTIONS 22-54-123 AND12
	165	+	22-54-123.5,
	166	+	ARTICLE 82.7 OF THIS TITLE 22, AND PART 1 OF THIS ARTICLE13
	167	+	82.9.14
173	168		(B) I
174	169		F A REFERRED MEASURE THAT WOULD , IN COMBINATION WITH
175		-	16
176		-	SECTION 39-22-104 (3)(p.5), RESULT IN THE COLLECTION OF AT LEAST ONE17
177		-	HUNDRED FIFTY MILLION DOLLARS FOR THE INCOME TAX YEAR18
178		-	COMMENCING ON JANUARY 1, 2026, IN CONNECTION WITH THE HEALTHY19
179		-	SCHOOL MEALS FOR ALL PROGRAM, AS ESTIMATED IN THE FISCAL IMPACT20
180		-	STATEMENT PREPARED PURSUANT TO SECTION 1-40-124.5 FOR THAT21
181		-	REFERRED MEASURE, IS NOT APPROVED BY THE VOTERS VOTING ON THE22
182		-	REFERRED MEASURE AT THE STATEWIDE ELECTION HELD ON NOVEMBER23
183		-	4,
184		-	2025, THIS SUBSECTION (1)(b)(II) IS REPEALED, EFFECTIVE JULY 1, 2026.24
	170	+	15
	171	+	SECTION 39-22-104 (3)(p.5), RESULT IN THE COLLECTION OF AT LEAST ONE16
	172	+	HUNDRED FIFTY MILLION DOLLARS FOR THE INCOME TAX YEAR17
	173	+	COMMENCING ON JANUARY 1, 2026, IN CONNECTION WITH THE HEALTHY18
	174	+	SCHOOL MEALS FOR ALL PROGRAM IS NOT APPROVED BY THE VOTERS19
	175	+	VOTING ON THE REFERRED MEASURE AT THE STATEWIDE ELECTION HELD20
	176	+	ON NOVEMBER 4, 2025, THIS SUBSECTION (1)(b)(II) IS REPEALED,21
	177	+	EFFECTIVE JULY 1, 2026.22
185	178		(b.3) (I) I
186	179		F A REFERRED MEASURE THAT WOULD , IN COMBINATION
187		-	25
188		-	WITH SECTION 39-22-104 (3)(p.5), RESULT IN THE COLLECTION OF AT26
189		-	LEAST ONE HUNDRED FIFTY MILLION DOLLARS FOR THE INCOME TAX YEAR27
	180	+	23
	181	+	WITH SECTION 39-22-104 (3)(p.5), RESULT IN THE COLLECTION OF AT24
	182	+	LEAST ONE HUNDRED FIFTY MILLION DOLLARS FOR THE INCOME TAX YEAR25
	183	+	COMMENCING ON JANUARY 1, 2026, IN CONNECTION WITH THE HEALTHY26
	184	+	SCHOOL MEALS FOR ALL PROGRAM IS NOT APPROVED BY THE VOTERS27
190	185		214
191		-	-5- COMMENCING ON JANUARY 1, 2026, IN CONNECTION WITH THE HEALTHY1
192		-	SCHOOL MEALS FOR ALL PROGRAM, AS ESTIMATED IN THE FISCAL IMPACT2
193		-	STATEMENT PREPARED PURSUANT TO SECTION 1-40-124.5 FOR THAT3
194		-	REFERRED MEASURE, IS NOT APPROVED BY THE VOTERS VOTING ON THE4
195		-	REFERRED MEASURE AT THE STATEWIDE ELECTION HELD ON NOVEMBER5
196		-	4,
197		-	2025, FOR ELIGIBLE MEALS SERVED ON OR AFTER JANUARY 1, 2026, THE6
198		-	DEPARTMENT SHALL ONLY REIMBURSE PARTICIPATING SCHOOL FOOD7
199		-	AUTHORITIES FOR MEALS SERVED AT ELIGIBLE SITES .8
	186	+	-5- VOTING ON THE REFERRED MEASURE AT THE STATEWIDE ELECTION HELD1
	187	+	ON NOVEMBER 4, 2025, FOR ELIGIBLE MEALS SERVED ON OR AFTER2
	188	+	J
	189	+	ANUARY 1, 2026, THE DEPARTMENT SHALL ONLY REIMBURSE3
	190	+	PARTICIPATING SCHOOL FOOD AUTHORITIES FOR MEALS SERVED AT4
	191	+	ELIGIBLE SITES.5
200	192		(II) T
201		-	HE AMOUNT OF THE REIMBURSEMENT PROVIDED ~~THROUGH9~~
202		-	THE PROGRAM TO EACH PARTICIPATING SCHOOL FOOD AUTHORITY ~~FOR10~~
203		-	EACH BUDGET YEAR FOR ELIGIBLE MEALS SERVED AT ELIGIBLE SITES ON ~~OR11~~
204		-	AFTER JANUARY 1, 2026, IS EQUAL TO THE FEDERAL FREE ~~REIMBURSEMENT12~~
205		-	RATE MULTIPLIED BY THE TOTAL NUMBER OF ELIGIBLE MEALS THAT ~~THE13~~
206		-	PARTICIPATING SCHOOL FOOD AUTHORITY SERVES AT ELIGIBLE ~~SITES14~~
207		-	DURING THE APPLICABLE BUDGET YEAR MINUS THE TOTAL AMOUNT ~~OF15~~
208		-	REIMBURSEMENT FOR ELIGIBLE MEALS SERVED AT ELIGIBLE SITES ~~DURING16~~
209		-	THE APPLICABLE BUDGET YEAR THAT THE PARTICIPATING SCHOOL ~~FOOD17~~
210		-	AUTHORITY RECEIVES PURSUANT TO THE NATIONAL SCHOOL ~~BREAKFAST18~~
211		-	PROGRAM, THE NATIONAL SCHOOL LUNCH PROGRAM , SECTIONS 22-54-~~12319~~
212		-	AND 22-54-123.5, ARTICLE 82.7 OF THIS TITLE 22, AND PART 1 OF ~~THIS20~~
213		-	ARTICLE 82.9.21
	193	+	HE AMOUNT OF THE REIMBURSEMENT PROVIDED THROUGH6
	194	+	THE PROGRAM TO EACH PARTICIPATING SCHOOL FOOD AUTHORITY FOR7
	195	+	EACH BUDGET YEAR FOR ELIGIBLE MEALS SERVED AT ELIGIBLE SITES ON OR8
	196	+	AFTER JANUARY 1, 2026, IS EQUAL TO THE FEDERAL FREE REIMBURSEMENT9
	197	+	RATE MULTIPLIED BY THE TOTAL NUMBER OF ELIGIBLE MEALS THAT THE10
	198	+	PARTICIPATING SCHOOL FOOD AUTHORITY SERVES AT ELIGIBLE SITES11
	199	+	DURING THE APPLICABLE BUDGET YEAR MINUS THE TOTAL AMOUNT OF12
	200	+	REIMBURSEMENT FOR ELIGIBLE MEALS SERVED AT ELIGIBLE SITES DURING13
	201	+	THE APPLICABLE BUDGET YEAR THAT THE PARTICIPATING SCHOOL FOOD14
	202	+	AUTHORITY RECEIVES PURSUANT TO THE NATIONAL SCHOOL BREAKFAST15
	203	+	PROGRAM, THE NATIONAL SCHOOL LUNCH PROGRAM , SECTIONS 22-54-12316
	204	+	AND 22-54-123.5, ARTICLE 82.7 OF THIS TITLE 22, AND PART 1 OF THIS17
	205	+	ARTICLE 82.9.18
214	206		(III) A
215		-	S USED IN THIS SUBSECTION (1)(b.3), UNLESS THE ~~CONTEXT22~~
216		-	OTHERWISE REQUIRES, "ELIGIBLE SITE" MEANS A SITE THAT, FOR ~~THE23~~
217		-	SCHOOL YEAR DURING THE RELEVANT BUDGET YEAR :24
	207	+	S USED IN THIS SUBSECTION (1)(b.3), UNLESS THE CONTEXT19
	208	+	OTHERWISE REQUIRES, "ELIGIBLE SITE" MEANS A SITE THAT, FOR THE20
	209	+	SCHOOL YEAR DURING THE RELEVANT BUDGET YEAR :21
218	210		(A) Q
219		-	UALIFIES FOR THE COMMUNITY ELIGIBILITY ~~PROVISION25~~
220		-	PROGRAM, AS THAT PROGRAM EXISTS ON NOVEMBER 15, 2025; ~~OR26~~
	211	+	UALIFIES FOR THE COMMUNITY ELIGIBILITY PROVISION22
	212	+	PROGRAM, AS THAT PROGRAM EXISTS ON NOVEMBER 15, 2025; OR23
221	213		(B) I
222		-	S IDENTIFIED AS AN ELIGIBLE SITE BY THE DEPARTMENT BASED27
	214	+	S IDENTIFIED AS AN ELIGIBLE SITE BY THE DEPARTMENT BASED24
	215	+	ON THE AMOUNT THAT THE GENERAL ASSEMBLY APPROPRIATES FOR THE25
	216	+	PURPOSE OF PROVIDING REIMBURSEMENTS TO A PARTICIPATING SCHOOL26
	217	+	FOOD AUTHORITY FOR OFFERING ELIGIBLE MEALS WITHOUT CHARGE27
223	218		214
224		-	-6- ON THE AMOUNT THAT THE GENERAL ASSEMBLY APPROPRIATES FOR THE1
225		-	PURPOSE OF PROVIDING REIMBURSEMENTS TO A PARTICIPATING SCHOOL2
226		-	FOOD AUTHORITY FOR OFFERING ELIGIBLE MEALS WITHOUT CHARGE3
227		-	PURSUANT TO THIS SUBSECTION (1) AND THE PERCENTAGE OF A SITE 'S4
228		-	STUDENT ENROLLMENT WHO ARE CERTIFIED AS ELIGIBLE FOR FREE MEALS5
229		-	BASED ON DOCUMENTATION OF BENEFIT RECEIPT OR CATEGORICAL6
230		-	ELIGIBILITY AS DESCRIBED IN 7 CFR 245.9 (f)(1)(iii) OR ANY SUCCESSOR7
231		-	REGULATIONS.8
	219	+	-6- PURSUANT TO THIS SUBSECTION (1) AND THE PERCENTAGE OF A SITE 'S1
	220	+	STUDENT ENROLLMENT WHO ARE CERTIFIED AS ELIGIBLE FOR FREE MEALS2
	221	+	BASED ON DOCUMENTATION OF BENEFIT RECEIPT OR CATEGORICAL3
	222	+	ELIGIBILITY AS DESCRIBED IN 7 CFR 245.9 (f)(1)(iii) OR ANY SUCCESSOR4
	223	+	REGULATIONS.5
232	224		(IV) I
233	225		F A REFERRED MEASURE THAT WOULD, IN COMBINATION WITH
234		-	9
235		-	SECTION 39-22-104 (3)(p.5), RESULT IN THE COLLECTION OF AT LEAST ~~ONE10~~
236		-	HUNDRED FIFTY MILLION DOLLARS FOR THE INCOME TAX ~~YEAR11~~
237		-	COMMENCING ON JANUARY 1, 2026, IN CONNECTION WITH THE ~~HEALTHY12~~
238		-	SCHOOL MEALS FOR ALL PROGRAM~~, AS ESTIMATED IN~~ THE ~~FISCAL IMPACT13~~
239		-	~~STATEMENT PREPARED PURSUANT TO SECTION 1-40-124.5 FOR THAT14~~
240		-	~~REFERRED MEASURE, IS APPROVED BY THE VOTERS VOTING ON THE15~~
241		-	~~REFERRED MEASURE AT THE STATEWIDE ELECTION HELD ON NOVEMBER16~~
242		-	4,
243		-	~~2025, THIS SUBSECTION (1)(b.3) IS REPEALED, EFFECTIVE JULY~~ 1, 2026.17
	226	+	6
	227	+	SECTION 39-22-104 (3)(p.5), RESULT IN THE COLLECTION OF AT LEAST ONE7
	228	+	HUNDRED FIFTY MILLION DOLLARS FOR THE INCOME TAX YEAR8
	229	+	COMMENCING ON JANUARY 1, 2026, IN CONNECTION WITH THE HEALTHY9
	230	+	SCHOOL MEALS FOR ALL PROGRAM IS APPROVED BY THE VOTERS VOTING10
	231	+	ON THE REFERRED MEASURE AT THE STATEWIDE ELECTION HELD ON11
	232	+	N
	233	+	OVEMBER 4, 2025, THIS SUBSECTION (1)(b.3) IS REPEALED, EFFECTIVE12
	234	+	J
	235	+	ULY 1, 2026.13
244	236		(b.5) (I) I
245		-	F THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE18
246		-	OF STATE PLANNING AND BUDGETING, ESTIMATES, FOR ANY BUDGET YEAR,19
247		-	THAT THE AMOUNT THAT THE GENERAL ASSEMBLY APPROPRIATED FOR THE20
248		-	PURPOSE OF PROVIDING REIMBURSEMENTS TO A PARTICIPATING SCHOOL21
249		-	FOOD AUTHORITY FOR OFFERING ELIGIBLE MEALS WITHOUT CHARGE22
250		-	PURSUANT TO THIS SUBSECTION (1) AFTER JANUARY 1, 2026, WILL BE LESS23
251		-	THAN THE COSTS OF THE DEPARTMENT PROVIDING THOSE24
252		-	REIMBURSEMENTS, THE DEPARTMENT SHALL PROVIDE NOTICE OF THIS25
253		-	ESTIMATION TO THE JOINT BUDGET COMMITTEE OF THE GENERAL26
254		-	ASSEMBLY AND THE EXECUTIVE COMMI TTEE OF THE LEGISLATIVE COUNCIL 27
	237	+	F THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE14
	238	+	OF STATE PLANNING AND BUDGETING , ESTIMATES, FOR ANY BUDGET YEAR,15
	239	+	THAT THE AMOUNT THAT THE GENERAL ASSEMBLY APPROPRIATED FOR THE16
	240	+	PURPOSE OF PROVIDING REIMBURSEMENTS TO A PARTICIPATING SCHOOL17
	241	+	FOOD AUTHORITY FOR OFFERING ELIGIBLE MEALS WITHOUT CHARGE18
	242	+	PURSUANT TO THIS SUBSECTION (1) AFTER JANUARY 1, 2026, WILL BE LESS19
	243	+	THAN THE COSTS OF THE DEPARTMENT PROVIDING THOSE20
	244	+	REIMBURSEMENTS, THE DEPARTMENT SHALL PROVIDE NOTICE OF THIS21
	245	+	ESTIMATION TO THE JOINT BUDGET COMMITTEE OF THE GENERAL22
	246	+	ASSEMBLY AND THE EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL 23
	247	+
	248	+	OF THE GENERAL ASSEMBLY AND THE DEPARTMENT MAY24
	249	+	DETERMINE A PRORATED, REDUCED REIMBURSEMENT AMOUNT FOR THE25
	250	+	REIMBURSEMENTS THAT THE DEPARTMENT PROVIDES PURSUANT TO26
	251	+	SUBSECTION (1)(b) OR (1)(b.3) OF THIS SECTION AS APPLICABLE FOR THE27
255	252		214
256		-	-7- OF THE GENERAL ASSEMBLY. IN ADDITION TO THE NOTICE DESCRIBED IN1
257		-	THIS SUBSECTION (1)(b.5)(I), THE DEPARTMENT MAY SUBMIT A2
258		-	SUPPLEMENTAL APPROPRIATION REQUEST TO THE JOINT BUDGET3
259		-	COMMITTEE OR A REQUEST FOR AN OVEREXPENDITURE IN ACCORDANCE4
260		-	WITH SECTION 24-75-111.5
261		-	(II) (A) AS SOON AS PRACTICABLE AFTER THE DEPARTMENT6
262		-	SUBMITS A REQUEST FOR A SUPPLEMENTAL APPROPRIATION PURSUANT TO7
263		-	SUBSECTION (1)(b.5)(I) OF THIS SECTION, THE JOINT BUDGET COMMITTEE8
264		-	OF THE GENERAL ASSEMBLY SHALL INFORM THE DEPARTMENT WHETHER9
265		-	IT WILL APPROVE OR REJECT THE DEPARTMENT 'S REQUEST. IF THE JOINT10
266		-	BUDGET COMMITTEE INDICATES THAT IT WILL REJECT THE DEPARTMENT'S11
267		-	REQUEST, THE DEPARTMENT MAY DETERMINE A PRORATED, REDUCED12
268		-	REIMBURSEMENT AMOUNT FOR THE REIMBURSEMENTS THAT THE13
269		-	DEPARTMENT PROVIDES PURSUANT TO SUBSECTION (1)(b) OR (1)(b.3) OF14
270		-	THIS SECTION AS APPLICABLE FOR THE REMAINDER OF THAT BUDGET YEAR.15
271		-	(B) IF, WITHIN THIRTY DAYS OF THE DEPARTMENT SUBMITTING A16
272		-	REQUEST FOR AN OVEREXPENDITURE PURSUANT TO SUBSECTION (1)(b.5)(I)17
273		-	OF THIS SECTION, THE DEPARTMENT'S REQUEST HAS NOT BEEN GRANTED,18
274		-	THE DEPARTMENT MAY DETERMINE A PRORATED , REDUCED19
275		-	REIMBURSEMENT AMOUNT FOR THE REIMBURSEMENTS THAT THE20
276		-	DEPARTMENT PROVIDES PURSUANT TO SUBSECTION (1)(b) OR (1)(b.3) OF21
277		-	THIS SECTION AS APPLICABLE FOR THE REMAINDER OF THAT BUDGET YEAR .22
278		-	(C) BEFORE PROVIDING THE PRORATED , REDUCED23
279		-	REIMBURSEMENT AMOUNTS DESCRIBED IN SUBSECTIONS (1)(b.5)(II)(A)24
280		-	AND (1)(b.5)(II)(B) OF THIS SECTION, THE DEPARTMENT SHALL PROVIDE25
281		-	TIMELY WRITTEN NOTICE TO EACH PARTICIPATING SCHOOL FOOD26
282		-	AUTHORITY.27
	253	+	-7- REMAINDER OF THAT BUDGET YEAR .1
	254	+	(II) BEFORE PROVIDING THE PRORATED , REDUCED2
	255	+	REIMBURSEMENT AMOUNTS DESCRIBED IN SUBSECTIONS (1)(b.5)(I) OF THIS3
	256	+	SECTION, THE DEPARTMENT SHALL PROVIDE TIMELY WRITTEN NOTICE TO4
	257	+	EACH PARTICIPATING SCHOOL FOOD AUTHORITY .5
	258	+	(2) A school food authority that chooses to participate in the6
	259	+	program must annually give notice of participation to the department as7
	260	+	provided by rule of the state board. At a minimum, the notice must8
	261	+	include evidence that the school food authority is participating in9
	262	+	provisional programming if deemed necessary by the department. The10
	263	+	department may require school food authority modifications to the11
	264	+	program throughout the year to maximize a school food authority's federal12
	265	+	reimbursements as deemed necessary by the department.13
	266	+	SECTION 3. In Colorado Revised Statutes, 22-82.9-209, amend14
	267	+	(2) as follows:15
	268	+	22-82.9-209. Program - funding. (2) (a) For the 2023-24 budget16
	269	+	year and the 2024-25 budget year, the general assembly shall appropriate17
	270	+	money from the state education fund created in section 17 (4) of article18
	271	+	IX of the state constitution to cover program costs for which there is not19
	272	+	sufficient money in the healthy school meals for all cash fund.20
	273	+	(b) F
	274	+	OR THE 2025-26 BUDGET YEAR, THE GENERAL ASSEMBLY MAY21
	275	+	APPROPRIATE MONEY FROM THE STATE EDUCATION FUND CREATED IN22
	276	+	SECTION 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION TO COVER23
	277	+	PROGRAM COSTS FOR WHICH THERE IS NOT SUFFICIENT MONEY IN THE24
	278	+	HEALTHY SCHOOL MEALS FOR ALL CASH FUND .25
	279	+	SECTION 4. In Colorado Revised Statutes, 22-82.9-211, amend26
	280	+	(3)(a)(I) and (5); and add (8) as follows:27
283	281		214
284		-	-8- (2) A school food authority that chooses to participate in the1
285		-	program must annually give notice of participation to the department as2
286		-	provided by rule of the state board. At a minimum, the notice must3
287		-	include evidence that the school food authority is participating in4
288		-	provisional programming if deemed necessary by the department. The5
289		-	department may require school food authority modifications to the6
290		-	program throughout the year to maximize a school food authority's federal7
291		-	reimbursements as deemed necessary by the department.8
292		-	SECTION 3. In Colorado Revised Statutes, 22-82.9-209, amend9
293		-	(2) as follows:10
294		-	22-82.9-209. Program - funding. (2) (a) For the 2023-24 budget11
295		-	year and the 2024-25 budget year, the general assembly shall appropriate12
296		-	money from the state education fund created in section 17 (4) of article13
297		-	IX of the state constitution to cover program costs for which there is not14
298		-	sufficient money in the healthy school meals for all cash fund.15
299		-	(b) F
300		-	OR THE 2025-26 BUDGET YEAR, THE GENERAL ASSEMBLY MAY16
301		-	APPROPRIATE MONEY FROM THE STATE EDUCATION FUND CREATED IN17
302		-	SECTION 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION TO COVER18
303		-	PROGRAM COSTS FOR WHICH THERE IS NOT SUFFICIENT MONEY IN THE19
304		-	HEALTHY SCHOOL MEALS FOR ALL CASH FUND .20
305		-	SECTION 4. In Colorado Revised Statutes, 22-82.9-211, amend21
306		-	(3)(a)(I) and (5); and add (8) as follows:22
307		-	22-82.9-211. Healthy school meals for all program cash fund23
308		-	- creation - uses - reporting requirements - definitions - repeal.24
309		-	(3) (a) Subject to annual appropriation by the general assembly, the25
310		-	department may expend money from the cash fund for the following26
311		-	purposes:27
	282	+	-8- 22-82.9-211. Healthy school meals for all program cash fund1
	283	+	- creation - uses - reporting requirements - definitions - repeal.2
	284	+	(3) (a) Subject to annual appropriation by the general assembly, the3
	285	+	department may expend money from the cash fund for the following4
	286	+	purposes:5
	287	+	(I) Providing reimbursements to a participating school food6
	288	+	authority for offering eligible meals without charge pursuant to section7
	289	+	22-82.9-204 (1)(b) SECTION 22-82.9-204 (1);8
	290	+	(5) (a) F
	291	+	OR FISCAL YEARS COMMENCING ON OR BEFORE JULY 1,9
	292	+	2024, if the department determines that there is an insufficient amount of10
	293	+	money in the cash fund to provide for an expenditure authorized by the11
	294	+	annual appropriation from the cash fund for the purposes described in12
	295	+	subsection (3)(a)(I) of this section, the department may make the13
	296	+	expenditure from the general fund.14
	297	+	(b) T
	298	+	HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.15
	299	+	(8) (a) O
	300	+	N OR BEFORE JANUARY 15, 2027, THE DEPARTMENT, IN16
	301	+	CONSULTATION WITH THE OFFICE OF STATE PLANNING AND BUDGETING ,17
	302	+	SHALL REPORT TO THE JOINT BUDGET COMMITTEE OF THE GENERAL18
	303	+	ASSEMBLY ON WHETHER THERE IS A SUFFICIENT BALANCE IN THE CASH19
	304	+	FUND FOR:20
	305	+	(I) T
	306	+	HE STATE TREASURER TO TRANSFER AN AMOUNT FROM THE21
	307	+	CASH FUND TO THE STATE EDUCATION FUND EQUAL TO THE TOTAL22
	308	+	AMOUNT OF EXPENDITURES FROM THE STATE EDUCATION FUND FOR THE23
	309	+	PURPOSES OF SUBSECTION (3) OF THIS SECTION MINUS THE AMOUNT OF24
	310	+	ADDITIONAL TAX REVENUE DEPOSITED IN THE STATE EDUCATION FUND AS25
	311	+	A RESULT OF SECTION 39-22-104 (3)(p.5) FOR STATE FISCAL YEARS26
	312	+	2022-23,
	313	+	2023-24, 2024-25, AND 2025-26; AND27
312	314		214
313		-	-9- (I) Providing reimbursements to a participating school food1
314		-	authority for offering eligible meals without charge pursuant to section2
315		-	22-82.9-204 (1)(b) SECTION 22-82.9-204 (1);3
316		-	(5) (a) F
317		-	OR FISCAL YEARS COMMENCING ON OR BEFORE JULY 1,4
318		-	2024, if the department determines that there is an insufficient amount of5
319		-	money in the cash fund to provide for an expenditure authorized by the6
320		-	annual appropriation from the cash fund for the purposes described in7
321		-	subsection (3)(a)(I) of this section, the department may make the8
322		-	expenditure from the general fund.9
	315	+	-9- (II) THE DEPARTMENT TO PROVIDE REIMBURSEMENTS TO A1
	316	+	PARTICIPATING SCHOOL FOOD AUTHORITY FOR OFFERING ELIGIBLE MEALS2
	317	+	WITHOUT CHARGE PURSUANT TO SECTION 22-82.9-204 (1).3
323	318		(b) T
324		-	HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.10
325		-	(8) (a) O
326		-	N OR BEFORE JANUARY 15, 2027, THE DEPARTMENT, IN11
327		-	CONSULTATION WITH THE OFFICE OF STATE PLANNING AND BUDGETING ,12
328		-	SHALL REPORT TO THE JOINT BUDGET COMMITTEE OF THE GENERAL13
329		-	ASSEMBLY ON WHETHER THERE IS A SUFFICIENT BALANCE IN THE CASH14
330		-	FUND FOR:15
331		-	(I) T
332		-	HE STATE TREASURER TO TRANSFER AN AMOUNT FROM THE16
333		-	CASH FUND TO THE STATE EDUCATION FUND EQUAL TO THE TOTAL17
334		-	AMOUNT OF EXPENDITURES FROM THE STATE EDUCATION FUND FOR THE18
335		-	PURPOSES OF SUBSECTION (3) OF THIS SECTION MINUS THE AMOUNT OF19
336		-	ADDITIONAL TAX REVENUE DEPOSITED IN THE STATE EDUCATION FUND AS20
337		-	A RESULT OF SECTION 39-22-104 (3)(p.5) FOR STATE FISCAL YEARS21
338		-	2022-23,
339		-	2023-24, 2024-25, AND 2025-26; AND22
340		-	(II) T
341		-	HE DEPARTMENT TO PROVIDE REIMBURSEMENTS TO A23
342		-	PARTICIPATING SCHOOL FOOD AUTHORITY FOR OFFERING ELIGIBLE MEALS24
343		-	WITHOUT CHARGE PURSUANT TO SECTION 22-82.9-204 (1).25
344		-	(b) T
345		-	HIS SUBSECTION (8) IS REPEALED, EFFECTIVE JULY 1, 2027.26
346		-	SECTION 5. In Colorado Revised Statutes, 22-82.9-208, amend27
	319	+	HIS SUBSECTION (8) IS REPEALED, EFFECTIVE JULY 1, 2027.4
	320	+	SECTION 5. In Colorado Revised Statutes, 22-82.9-208, amend5
	321	+	(1)(a)(II) as follows:6
	322	+	22-82.9-208. Report - audit. (1) (a) On or before December 1,7
	323	+	2024, and on or before December 1 every two years thereafter, the8
	324	+	department shall prepare a report concerning the implementation of9
	325	+	section 22-82.9-204 and sections 22-82.9-205, 22-82.9-206, and10
	326	+	22-82.9-207, to the extent those sections are in effect as provided in11
	327	+	section 22-82.9-204 (4)(b). At a minimum, the report must describe:12
	328	+	(II) The effect of the use of local food purchasing grants on the13
	329	+	amount of Colorado grown, raised, or processed products purchased by14
	330	+	participating school food authorities and include a compilation of the15
	331	+	information reported by participating school food authorities pursuant to16
	332	+	section 22-82.9-205 (1)(b)
	333	+	SECTION 22-82.9-205 (1);17
	334	+	SECTION 6. In Colorado Revised Statutes, 24-75-109, amend18
	335	+	(1)(f) and (5) as follows:19
	336	+	24-75-109. Controller may allow expenditures in excess of20
	337	+	appropriations - limitations - appropriations for subsequent fiscal21
	338	+	year restricted - repeal. (1) For the purpose of closing the state's books,22
	339	+	and subject to the provisions of this section, the controller may, on or23
	340	+	after May 1 of any fiscal year and before the forty-fifth day after the close24
	341	+	thereof, upon approval of the governor, allow any department, institution,25
	342	+	or agency of the state, including any institution of higher education, to26
	343	+	make an expenditure in excess of the amount authorized by an item of27
347	344		214
348		-	-10- ~~(1)(a)(II) as follows~~:1
349		-	~~22-82.9-208. Report - audit.~~ (~~1) (a~~) ~~On or before December 1,2~~
350		-	~~2024, and on or before December 1 every two years thereafter, the3~~
351		-	~~department shall prepare a report concerning the implementation of4~~
352		-	section 22-82.9-204 ~~and sections 22-82.9-205~~, ~~22-82.9-206, and5~~
353		-	~~22-82.9-207~~, ~~to the extent those sections are in effect as provided in6~~
354		-	~~section 22-82.9-204 (4)(b). At a minimum,~~ the ~~report must describe:7~~
355		-	~~(II) The effect of the use of local food purchasing grants on the8~~
356		-	~~amount of Colorado grown,~~ ~~raised, or processed products purchased by9~~
357		-	~~participating school food authorities and include~~ a ~~compilation~~ of ~~the10~~
358		-	~~information reported~~ by ~~participating school food authorities~~ pursuant to11
359		-	~~section 22-82.9-205~~ (1)(b) SECTION ~~22-82.9-205 (1);12~~
360		-	~~SECTION 6.~~ ~~In Colorado Revised Statutes,~~ ~~24-75-109, amend13~~
361		-	~~(1)(f) and (5) as follows:14~~
362		-	~~24-75-109. Controller may allow expenditures in excess of15~~
363		-	~~appropriations - limitations -~~ appropriations for ~~subsequent fiscal16~~
364		-	~~year restricted - repeal.~~ ~~(1)~~ For the ~~purpose of closing the state's books,17~~
365		-	~~and subject to~~ the ~~provisions of this section,~~ ~~the controller may,~~ ~~on or18~~
366		-	~~after May 1~~ of ~~any fiscal year and before the forty-fifth day after the close19~~
367		-	~~thereof,~~ upon ~~approval of the governor, allow any department, institution,~~20
368		-	~~or agency of the state~~, ~~including any institution of higher education~~, ~~to21~~
369		-	~~make an expenditure~~ in ~~excess~~ of ~~the amount authorized by an item of22~~
370		-	appropriation ~~for such fiscal year if:~~23
371		-	(f) ~~The overexpenditure is by~~ the ~~department of education for24~~
372		-	~~providing reimbursements~~ to ~~a participating school food authority for25~~
373		-	~~offering eligible meals without charge,~~ ~~pursuant to section 22-82.9-20426~~
374		-	(~~1)(b~~) ~~SECTION 22-82.9-204 (1),~~ FOR ~~STATE FISCAL YEARS COMMENCING27~~
	345	+	-10- appropriation for such fiscal year if:1
	346	+	(f) The overexpenditure is by the department of education for2
	347	+	providing reimbursements to a participating school food authority for3
	348	+	offering eligible meals without charge, pursuant to section 22-82.9-2044
	349	+	(1)(b) SECTION 22-82.9-204 (1), FOR STATE FISCAL YEARS COMMENCING5
	350	+	ON OR BEFORE JULY 1, 2024; or6
	351	+	(5) The limitation on general fund appropriations and the7
	352	+	requirement for a general fund reserve contained in section 24-75-201.18
	353	+	shall not apply to overexpenditures from the general fund for medicaid9
	354	+	programs allowed pursuant to subsection (1)(a) of this section to10
	355	+	overexpenditures by the department of education allowed pursuant to11
	356	+	subsection (1)(f) of this section or to supplemental general fund12
	357	+	appropriations for medicaid programs enacted pursuant to subsection (4)13
	358	+	of this section. Overexpenditures for all other purposes allowed pursuant14
	359	+	to subsection (1) of this section and supplemental general fund15
	360	+	appropriations for all other purposes enacted pursuant to subsection (4)16
	361	+	of this section shall be considered appropriations for the fiscal year in17
	362	+	which the overexpenditure was allowed and shall accordingly be subject18
	363	+	to the limitations and requirements of section 24-75-201.1.19
	364	+	SECTION 7. Effective date. This act takes effect upon passage;20
	365	+	except that section 24-75-109 (5), Colorado Revised Statutes, as amended21
	366	+	in section 6 of this act, takes effect July 1, 2025.22
	367	+	SECTION 8. Appropriation - adjustments to 2025 long bill.23
	368	+	(1) To implement this act, appropriations made in the annual general24
	369	+	appropriation act for the 2025-26 state fiscal year to the department of25
	370	+	education for use by school district operations are adjusted as follows:26
	371	+	(a) The general fund appropriation for school meal27
375	372		214
376		-	-11- ON OR BEFORE JULY 1, 2024; or1
377		-	(5) The limitation on general fund appropriations and the2
378		-	requirement for a general fund reserve contained in section 24-75-201.13
379		-	shall not apply to overexpenditures from the general fund for medicaid4
380		-	programs allowed pursuant to subsection (1)(a) of this section to5
381		-	overexpenditures by the department of education allowed pursuant to6
382		-	subsection (1)(f) of this section or to supplemental general fund7
383		-	appropriations for medicaid programs enacted pursuant to subsection (4)8
384		-	of this section. Overexpenditures for all other purposes allowed pursuant9
385		-	to subsection (1) of this section and supplemental general fund10
386		-	appropriations for all other purposes enacted pursuant to subsection (4)11
387		-	of this section shall be considered appropriations for the fiscal year in12
388		-	which the overexpenditure was allowed and shall accordingly be subject13
389		-	to the limitations and requirements of section 24-75-201.1.14
390		-	SECTION 7. Effective date. This act takes effect upon passage;15
391		-	except that section 24-75-109 (5), Colorado Revised Statutes, as amended16
392		-	in section 6 of this act, takes effect July 1, 2025.17
393		-	SECTION 8. Appropriation - adjustments to 2025 long bill.18
394		-	(1) To implement this act, appropriations made in the annual general19
395		-	appropriation act for the 2025-26 state fiscal year to the department of20
396		-	education for use by school district operations are adjusted as follows:21
397		-	(a) The general fund appropriation for school meal22
398		-	reimbursements is decreased by $42,240,242; and23
399		-	(b) The cash funds appropriation from the state education fund24
400		-	created in section 17 (4)(a) of article IX of the state constitution for25
401		-	school meal reimbursements is increased by $8,119,271.26
402		-	SECTION 9. Safety clause. The general assembly finds,27
	373	+	-11- reimbursements is decreased by $42,240,242; and1
	374	+	(b) The cash funds appropriation from the state education fund2
	375	+	created in section 17 (4)(a) of article IX of the state constitution for3
	376	+	school meal reimbursements is increased by $8,119,271.4
	377	+	SECTION 9. Safety clause. The general assembly finds,5
	378	+	determines, and declares that this act is necessary for the immediate6
	379	+	preservation of the public peace, health, or safety or for appropriations for7
	380	+	the support and maintenance of the departments of the state and state8
	381	+	institutions.9
403	382		214
404		-	-12- determines, and declares that this act is necessary for the immediate1
405		-	preservation of the public peace, health, or safety or for appropriations for2
406		-	the support and maintenance of the departments of the state and state3
407		-	institutions.4
408		-	214
409		-	-13-
	383	+	-12-