C.R.S. § 22-82.9-101 Short title
22-82.9-101. Short title. The short title of this part 1 is the "Child Nutrition School Lunch Protection Program Act".
Child Nutrition School Lunch Protection Program
C.R.S. tit. 22, art. 82.9
in effectC.R.S. § 22-82.9-102 Legislative declaration
22-82.9-102. Legislative declaration. (1) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution:
(a) Good nutrition is an essential component to student learning and promotes success for students in today's fast-paced environment;
(b) By increasing the number of students who can receive a free, nutritious lunch, the school lunch program is an important component of an accountable 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.
C.R.S. § 22-82.9-103 Definitions
22-82.9-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.
(1.5) "Facility school" means an educational program that is operated by a facility to provide educational services to students placed in the facility and that, pursuant to section 22-2-407(2), has been placed on the list of facility schools that are approved to receive reimbursement for providing educational services to students placed in a facility.
(2) "Program" means the child nutrition school lunch protection program created pursuant to section 22-82.9-104.
(2.5) "School food authority" means:
(a) A school district or the state charter school institute;
(a.3) A charter school collaborative formed pursuant to section 22-30.5-603;
(a.5) A board of cooperative services created pursuant to article 5 of this title that elects to operate as a school food authority pursuant to section 22-5-120; or
(b) A district charter school or an institute charter school that:
(I) The commissioner of education or his or her designee provisionally authorizes as a school food authority pursuant to section 22-32-120 (6); or
(II) The department of education authorizes as a school food authority pursuant to section 22-32-120 (5).
(3) "School lunch program" means the federal "Richard B. Russell National School Lunch Act" created in 42 U.S.C. sec. 1751 et seq.
C.R.S. § 22-82.9-104 Child nutrition school lunch protection program - creation - administration - objectives
22-82.9-104. Child nutrition school lunch protection program - creation - administration - objectives. (1) There is hereby created the child nutrition school lunch protection program to ensure that each student in a Colorado public school has access to a healthy lunch at school to help the student participate fully in the learning process.
(2) The department shall administer the program in accordance with the procedures developed pursuant to section 22-82.9-106.
(3) The department shall approve a multi-district online school operating in learning centers, as defined in section 22-30.7-102 (4), to participate in the program and in the school lunch program so long as the multi-district online school complies with the federal requirements for participating in the school lunch program, including but not limited to completing and submitting the required federal application form for each student who chooses to participate in the school lunch program.
(4) The objectives of the program are to:
(a) Eliminate the reduced price paid by Colorado students who are enrolled in state-subsidized early childhood education programs administered by public schools or in kindergarten through twelfth grade and who are participating in the school lunch program, and to eliminate the reduced price paid by Colorado students who are receiving educational services from a facility school and who are participating in the school lunch program;
(b) Increase the number of Colorado students who consume a healthy lunch each day;
(c) Decrease statewide health-care costs by improving the health of school-age children;
(d) Lessen students' risk of obesity and type 2 diabetes by providing healthy school lunch options;
(e) Encourage charter schools and school districts to participate in the school lunch program;
(f) Increase students' consumption of whole grains, fruits and vegetables, vitamins, calcium, protein, fiber, and iron; and reduce the consumption of sodium, cholesterol, sugar, and calories;
(g) Make lunch more accessible to underprivileged students;
(h) Lessen the stigma associated with children who receive reduced-cost lunches;
(i) Reduce child hunger in Colorado; and
(j) Continue to strengthen and support child nutrition programs.
C.R.S. § 22-82.9-105 Program funding
22-82.9-105. Program funding. (1) For each fiscal year, the general assembly shall make an appropriation by separate line item in the annual general appropriation bill to allow school food authorities to provide lunches at no charge for children in state-subsidized early childhood education programs administered by public schools or in kindergarten through twelfth grade participating in the school lunch program who would otherwise be required to pay a reduced price for lunch and to offset the costs incurred by a facility school in providing lunch to students who are placed in the facility and are eligible to participate in the school lunch program. The appropriation to the department for the program must be in addition to any appropriation made by the general assembly pursuant to section 22-54-123 or 22-54-123.5 (1). The department may expend not more than two percent of the money annually appropriated for the program to offset the direct and indirect costs incurred by the department in implementing the program pursuant to this part 1.
(1.5) Repealed.
(2) The department is authorized to seek and accept gifts, grants, and donations from public and private sources for the purposes of this part 1, but receipt of gifts, grants, and donations are not a prerequisite to the implementation of the program.
(3) To the extent permitted by law, the department may, at its discretion, direct other moneys to fund the program.
C.R.S. § 22-82.9-106 Program - procedures
22-82.9-106. Program - procedures. The department shall develop procedures to allocate and disburse the moneys in the program among participating school food authorities and facility schools each year, in an equitable manner and in compliance with the requirements of the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq.
C.R.S. § 22-82.9-107 No individual entitlement
22-82.9-107. No individual entitlement. (1) This part 1 does not create a legal entitlement to any participant to assistance provided pursuant to the program.
(2) The department in administering the program and a school food authority in implementing the program may not create and shall not be deemed to create a legal entitlement to any participant to assistance provided pursuant to the program.
C.R.S. § 22-82.9-201 Short title
22-82.9-201. Short title. The short title of this part 2 is the "Healthy School Meals for All Act".
C.R.S. § 22-82.9-202 Legislative declaration
22-82.9-202. Legislative declaration. (1) The general assembly finds and declares that:
(a) No Colorado child should experience hunger, and every public school student should benefit from access to healthy, locally procured, and freshly prepared meals during the school day;
(b) Healthy school meals are necessary for all students for effective learning, and Colorado's investment in education should include healthy school meals for all students to support the nourishment students need to achieve academic success;
(c) Access to healthy school meals should not cause stigma or stress for any student seeking an education;
(d) Colorado's healthy school meals program should support Colorado's food systems, including local farmers and ranchers;
(e) Colorado's healthy school meals program must support students' nutrition and provide quality meals to boost the health and well-being of Colorado students;
(f) During the COVID-19 pandemic, the United States department of agriculture eased program restrictions to allow free meals to continue to be available to all students universally, ensuring that all students facing hunger had access to food while in school; and
(g) Now that strategies exist to prevent hunger for all students during the school day, it is imperative that the state embrace these strategies to move toward the goal of ending child hunger.
(2) The general assembly finds, therefore, that it is in the best interests of the students of Colorado and their families to enact the healthy school meals for all program to provide free meals in public schools for all students.
(3) The 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 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.
C.R.S. § 22-82.9-203 Definitions
22-82.9-203. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Colorado grown, raised, or processed products" means all fruits, vegetables, grains, meats, and dairy products, except liquid milk, grown, raised, or produced in Colorado and minimally processed products or value-added processed products that meet the standards for the Colorado proud designation, as established by the Colorado department of agriculture, even if the product does not have the Colorado proud designation.
(2) "Community eligibility provision" means the federal program created in 42 U.S.C. sec. 1759a (a)(1)(F) that allows school districts to choose to receive federal special assistance payments for school meals in exchange for providing free school meals to all students enrolled in all or selected schools of the school district.
(3) "Department" means the department of education created in section 24-1-115.
(4) "Eligible meal" means a lunch or breakfast that meets the nutritional requirements specified in 7 CFR 210.10, or successor regulations, for the national school lunch program or the national school breakfast program.
(5) "Federal free reimbursement rate" means the free reimbursement rate set by the United States department of agriculture for meals that qualify for reimbursement under the national school breakfast program and the national school lunch program.
(6) "Identified student percentage" means the percentage of a public school's or school district's student enrollment who are certified as eligible for free meals based on documentation of benefit receipt or categorical eligibility as described in 7 CFR 245.6, or successor regulations.
(7) "Minimally 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.
(8) "National school breakfast program" means the federal school breakfast program created in 42 U.S.C. sec. 1773.
(9) "National 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.
(10) "Participating school food authority" means a school food authority that chooses to participate in the healthy school meals for all program.
(11) "Program" means the healthy school meals for all program created in section 22-82.9-204.
(11.5) "Provisional programs" means alternative options through the national school lunch program and national school breakfast program to improve access to free meals and to simplify meal counting and claims procedures.
(12) "School food authority" has the same meaning as provided in section 22-32-120 (8).
(13) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(14) "Value-added processed products" means products that are altered from their unprocessed or minimally processed state through preservation techniques, including cooking, baking, or canning.
C.R.S. § 22-82.9-204 Healthy school meals for all program - created - advisory group - report - rules - definition - repeal
22-82.9-204. Healthy school meals for all program - created - advisory group - report - rules - definition - repeal. (1) (a) There is created in the department the healthy school meals for all program through which each school food authority that chooses to participate in the program:
(I) Offers eligible meals, without charge, to all students enrolled in the public schools served by the participating school food authority that participate in the national school lunch program or national school breakfast program;
(II) Receives reimbursement for the meals as described in subsection (1)(b) of this section;
(III) Is eligible to receive a local food purchasing grant pursuant to section 22-82.9-205, subject to subsection (4)(b) of this section;
(IV) Is eligible to receive funding pursuant to section 22-82.9-206 to increase wages or provide stipends for individuals whom the participating school food authority employs to directly prepare and serve food for school meals, subject to subsection (4)(b) of this section; and
(V) Is eligible to receive assistance through the local school food purchasing technical assistance and education grant program pursuant to section 22-82.9-207, subject to subsection (4)(b) of this section.
(b) The amount of the reimbursement provided through the program to each participating school food authority for each budget year is equal to the federal free reimbursement rate multiplied by the total number of eligible meals that the participating school food authority serves during the applicable budget year minus the total amount of reimbursement for eligible meals served during the applicable budget year that the participating school food authority receives pursuant to the national school breakfast program, the national school lunch program, sections 22-54-123 and 22-54-123.5, article 82.7 of this title 22, and part 1 of this article 82.9.
(c) The department shall develop procedures to allocate and disburse, beginning in the 2023-24 budget year, the money appropriated as reimbursements pursuant to this section among participating school food authorities each budget year in an equitable manner and in compliance with the requirements of the national school breakfast program and the national school lunch program.
(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 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 participating in the program, must maximize the amount of federal reimbursement the school food authority receives, including, but not limited to, participating in provisional programs, including the community eligibility provision for all schools that qualify, subject to determination by the department that the school food authority's participation maximizes federal reimbursement.
a condition of participating in the program, must maximize the amount of federal reimbursement the school food authority receives, including, but not limited to, participating in provisional programs, including the community eligibility provision for all schools that qualify, subject to determination by the department that the school food authority's participation maximizes federal reimbursement.
(b) Annually, 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 school food authority.
(4) (a) As soon as practicable after December 27, 2022, the department shall apply to the federal secretary of agriculture to participate in the demonstration project operated pursuant to 42 U.S.C. sec. 1758 (b)(15) for direct certification for children receiving medicaid benefits, with the intent that the demonstration project is implemented statewide to the extent allowable under federal law. If the state is selected to participate in the demonstration project, the department shall comply with all of the requirements of the demonstration project, including entering into an agreement with the department of health care policy and financing to establish procedures by which a student may be certified, without further application, as meeting the eligibility requirements for free or reduced-price meals pursuant to the national school breakfast program and the national school lunch program based on information collected by the department of health care policy and financing in implementing the medicaid program.
(b) Subject to available appropriations, implementation of sections 22-82.9-205 to 22-82.9-207 is effective beginning in the 2025-26 budget year.
(5) The state board shall promulgate rules as necessary to implement the program, including rules to maximize the amount of federal funding available to implement the program.
(6) (a) On 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) School 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) The 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, the office of state planning and budgeting, and a representative from the department of agriculture to:
(I) Identify ways to maximize federal reimbursements;
(II) Reduce costs of the program;
(III) Review cost-savings options, including minimizing food waste;
(IV) Strengthen the long-term resiliency of the healthy school meals for all cash fund;
(V) Create model revenue scenarios;
(VI) Provide 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.
gthen the long-term resiliency of the healthy school meals for all cash fund;
(V) Create model revenue scenarios;
(VI) Provide 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) The advisory group shall solicit input from stakeholders and the public to direct the advisory group's work.
(II) Legislative council staff and joint budget committee staff shall provide technical support to the advisory group.
(III) The department shall collaborate with the advisory group to obtain the contractual services necessary for the advisory group's work.
(c) In 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) On 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 committees of the house of representatives and the senate, or any successor committees; the joint budget committee; the state board; and the governor.
(II) In 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) In 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) As used in this subsection (7), 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) This subsection (7) is repealed, effective July 1, 2025.
C.R.S. § 22-82.9-205 Local food purchasing grant - amount - advisory committee - verification of invoices
22-82.9-205. Local food purchasing grant - amount - advisory committee - verification of invoices. (1) (a) Subject to subsection (5) of this section, each participating school food authority that creates an advisory committee as described in subsection (3) of this section is eligible to receive a local food purchasing grant pursuant to this section to purchase Colorado grown, raised, or processed products.
(b) On or before August 1 of the first full budget year in which this section is effective as provided in subsection (5) of this section and on or before August 1 of each budget year thereafter, each participating school food authority shall track and report to the department for the preceding budget year:
(I) The total amount spent in purchasing all products used in preparing meals and how much of that total was attributable to the local food purchasing grant the participating school food authority received;
(II) The total amount spent to purchase Colorado grown, raised, or processed products and how much of that total was attributable to the local food purchasing grant the participating school food authority received;
(III) The total amount spent to purchase value-added processed products and how much of that total was attributable to the local food purchasing grant the participating school food authority received; and
(IV) The total number of eligible meals the participating school food authority provided to students.
(2) (a) Subject to the provisions of subsection (2)(b) of this section, at the beginning of each budget year the department, subject to available appropriations, shall distribute to each participating school food authority that is eligible to receive a grant pursuant to this section the greater of five thousand dollars or an amount equal to twenty-five cents multiplied by the number of lunches that qualified as an eligible meal that the participating school food authority served to students in the preceding school year. The participating school food authority shall use the money received pursuant to this section to purchase only Colorado grown, raised, or processed products and as provided in subsection (3)(b) of this section and shall not use more than twenty-five percent of the amount received to purchase value-added processed products. In addition, a school food authority may use up to ten percent of the money received pursuant to this section to pay allowable costs, as identified by rules of the state board, incurred in complying with this section.
(b) At the beginning of each budget year, each participating school food authority shall submit to the department an estimate of the amount it expects to spend to purchase Colorado grown, raised, or processed products for the budget year; a description of the items and amounts it expects to purchase; and a list of the suppliers from which it expects to purchase the items. If, based on the information provided, the department determines that a participating school food authority is unlikely to spend the full amount of the grant described in subsection (2)(a) of this section, the department shall reduce the amount of the grant accordingly. The department shall distribute to other participating school food authorities that are eligible to receive grants pursuant to this section any amount that is retained pursuant to this subsection (2)(b). The department shall distribute the additional amounts to the participating school food authorities for which the grant amount calculated pursuant to subsection (2)(a) of this section is less than twenty-five thousand dollars, prioritized based on the highest identified student percentages and greatest financial need.
to this section any amount that is retained pursuant to this subsection (2)(b). The department shall distribute the additional amounts to the participating school food authorities for which the grant amount calculated pursuant to subsection (2)(a) of this section is less than twenty-five thousand dollars, prioritized based on the highest identified student percentages and greatest financial need.
(3) (a) To receive a local food purchasing grant pursuant to this section, a participating school food authority must establish an advisory committee made up of students and parents of students enrolled in the public schools served by the participating school food authority. In selecting students and parents to serve on the advisory committee, the participating school food authority shall ensure that the membership of the advisory committee reflects the racial, ethnic, and socioeconomic demographics of the student population enrolled by the participating school food authority. The advisory committee shall advise the participating school food authority concerning the selection of foods to ensure that meals are culturally relevant, healthy, and appealing to all ages of the student population.
(b) A participating school food authority may use up to twelve percent of the amount received pursuant to subsection (2) of this section to support implementation of the advisory committee required in subsection (3)(a) of this section.
(4) The department shall annually require a selected group of participating school food authorities that received a grant pursuant to this section in the preceding budget year to submit to the department a representative sample of the invoices for the products purchased using the grant money. No later than September 1 of the second budget year in which this section is effective as provided in subsection (5) of this section, and no later than September 1 of each year thereafter, the department shall review the invoices to verify that the products purchased met the requirements specified in this section. If the department finds that a participating school food authority used a significant portion of the grant money, as determined by rule of the state board, to purchase products that did not meet the requirements of this section, the participating school food authority is ineligible to receive a grant pursuant to this section for the next budget year following the budget year in which the department completes the review.
(5) Subject to available appropriations, this section is effective beginning in the 2025-26 budget year.
C.R.S. § 22-82.9-206 School meals food preparation and service employees - wage increase or stipend
22-82.9-206. School meals food preparation and service employees - wage increase or stipend. (1) Subject to subsection (2) of this section, in addition to the amounts received pursuant to sections 22-82.9-204 and 22-82.9-205, a participating school food authority may receive the greater of three thousand dollars or an amount equal to twelve cents multiplied by the number of school lunches that qualify as eligible meals that the participating school food authority provided in the previous budget year, so long as the participating school food authority uses one hundred percent of the amount received pursuant to this section to increase wages or provide stipends for individuals whom the participating school food authority employs to directly prepare and serve food for school meals. To receive the amount described in this section, a participating school food authority must submit documentation to the department as required by rules of the state board to demonstrate that the increase in wages or provision of stipends using the amount received pursuant to this section is implemented for the budget year in which the amount is received.
(2) Subject to available appropriations, this section is effective beginning in the 2025-26 budget year.
C.R.S. § 22-82.9-207 Local school food purchasing technical assistance and education grant program - created - report
22-82.9-207. Local school food purchasing technical assistance and education grant program - created - report. (1) Subject to subsection (4) of this section, there is created in the department the local school food purchasing technical assistance and education grant program 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 school food authorities and to assist participating school food authorities in preparing meals using basic ingredients, with minimal reliance on processed products.
(2) Subject to available appropriations, the nonprofit organization may award grants for:
(a) Training, technical assistance, and physical infrastructure, awarded to participating school food authorities, grower associations, or other organizations that aggregate products from producers for:
(I) Professional contracting services to support the development and sustainability of local and regional food systems;
(II) Chef training on food handling, meal preparation using basic ingredients, and procurement practices, and for kitchen equipment purchases;
(III) Good 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) Schools to engage families and communities on 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) The nonprofit organization shall annually report to the department on implementation of the technical assistance and education grant program, including:
(a) The number and types of entities receiving grants;
(b) The number, types, and purposes of the grants awarded pursuant to subsection (2)(a) of this section; and
(c) The types of education, outreach, and promotion conducted by participating school food authorities and others pursuant to subsection (2)(b) of this section.
(4) Subject to available appropriations, this section is effective beginning in the 2025-26 budget year.
C.R.S. § 22-82.9-208 Report - audit
22-82.9-208. Report - audit. (1) (a) On or before December 1, 2024, and on or before December 1 every two years thereafter, the department shall prepare a report concerning the implementation of section 22-82.9-204 and sections 22-82.9-205, 22-82.9-206, and 22-82.9-207, to the extent those sections are in effect as provided in section 22-82.9-204 (4)(b). At a minimum, the report must describe:
(I) The increase in the number of students who receive free eligible meals as a result of implementation of the program;
(II) The effect of the use of local food purchasing grants on the amount of Colorado grown, raised, or processed products purchased by participating school food authorities and include a compilation of the information reported by participating school food authorities pursuant to section 22-82.9-205 (1)(b);
(III) The effect of the distribution of money pursuant to section 22-82.9-206 on the amount of wages paid or the amount of stipends provided to individuals who are employed by public schools to prepare and serve school meals; and
(IV) A summary of the information reported by the nonprofit organization pursuant to section 22-82.9-207 (3) concerning implementation of the local school food purchasing technical assistance and education grant program.
(b) The department shall submit the report to the education committees of the house of representatives and the senate; the agriculture, livestock, and water committee of the house of representatives; and the agriculture and natural resources committee of the senate; or any successor committees.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (1) continues indefinitely.
(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 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). Beginning 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) Any 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.
C.R.S. § 22-82.9-209 Program - funding
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, 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) For 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.
C.R.S. § 22-82.9-210 Healthy school meals for all program general fund exempt account - creation - uses - reporting requirements - definitions - repeal
22-82.9-210. Healthy school meals for all program general fund exempt account - creation - uses - reporting requirements - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Account" means the healthy school meals for all program general fund exempt account created in this section.
(b) "Healthy 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) The healthy school meals for all program general fund exempt account is hereby created in the general fund. The account consists of healthy school meals for all program revenue deposited in the account 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 healthy school meals for all program general fund exempt account to the account.
(3) (a) Subject to annual appropriation by the general assembly, the department may expend money from the account for the following purposes:
(I) Providing reimbursements to a participating school food authority for offering eligible meals without charge pursuant to section 22-82.9-204 (1)(b);
(II) Awarding local food purchasing grants pursuant to section 22-82.9-205;
(III) 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);
(IV) Awarding local school food purchasing technical assistance and education grants pursuant to section 22-82.9-207; and
(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) Money in the account shall only be used for the purposes described in subsections (3)(a)(II) and (3)(a)(IV) of this section if the sum of the annual tax year revenue recorded in the account and the balance in the account, as calculated pursuant to subsection (4) of this section, is greater than, or is anticipated to be greater than, the annual expenditure anticipated to be required for the purposes described in subsections (3)(a)(I), (3)(a)(III), and (3)(a)(V) of this section.
(4) (a) The department of revenue shall, on a monthly basis, record revenues and deposit money to the account in a manner that is aligned with exempt revenues determined pursuant to subsection (4)(b) of this section.
(b) The department of revenue shall, on a monthly basis, report the amount of 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 account pursuant to subsection (4)(a) of this section, and the total revenue to be recorded and deposited by the department of revenue in the account for the fiscal year.
(c) The 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 council staff of the general assembly of the adjustment amounts.
e in the account for the fiscal year.
(c) The 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 council staff of the general assembly of the adjustment amounts.
(d) On 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) If the department determines that there is an insufficient amount of money in the account to provide for an expenditure authorized by the annual appropriation from the account for the purposes described in subsections (3)(a)(I) and (3)(a)(III) of this section, the department may make the expenditure from the general fund.
(6) In 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) The total amount of expenditures from the account 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) (a) Pursuant to section 24-75-201 (2)(c), any unrestricted balance remaining in the account at the end of any fiscal year shall not be designated as a part of the general fund surplus.
(b) Pursuant to section 24-75-201.1 (2)(e), appropriations for expenditures from the account shall be excluded from the basis for the calculation of the general fund reserve.
(8) On 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) This section is repealed, effective July 1, 2025.
C.R.S. § 22-82.9-211 Healthy school meals for all program cash fund - creation - uses - reporting requirements - definitions
22-82.9-211. Healthy school meals for all program cash fund - creation - uses - reporting requirements - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Cash fund" means the healthy school meals for all program cash fund created in this section.
(b) "Healthy 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) The 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) Subject to annual appropriation by the general assembly, the department may expend money from the cash fund for the following purposes:
(I) Providing reimbursements to a participating school food authority for offering eligible meals without charge pursuant to section 22-82.9-204 (1)(b);
(II) Awarding local food purchasing grants pursuant to section 22-82.9-205;
(III) 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);
(IV) Awarding local school food purchasing technical assistance and education grants pursuant to section 22-82.9-207; and
(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) Money 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) The department of revenue shall, on a monthly basis, record revenues and deposit money in the cash fund in a manner that is aligned with exempt revenues determined pursuant to subsection (4)(b) of this section.
(b) The 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) The 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 council staff of the general assembly of the adjustment amounts.
in the cash fund for the fiscal year.
(c) The 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 council staff of the general assembly of the adjustment amounts.
(d) On 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) If 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) In 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) The 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) On 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).
C.R.S. § 22-82.9-301 Definitions
22-82.9-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Colorado 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) "Department" means the department of education created pursuant to section 24-1-115.
(3) "Local school food purchasing program" or "purchasing program" means the local school food purchasing program created in section 22-82.9-302.
(4) "Minimally 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) "National 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) "Participating 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).
(7) "State board" means the state board of education created and existing pursuant to section 1 of article IX of the state constitution.
(8) "Technical 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) "Value-added processed products" means products that are altered from their unprocessed or minimally processed state through preservation techniques, including cooking, baking, or canning.
C.R.S. § 22-82.9-302 Local school food purchasing program - creation - rules
22-82.9-302. Local school food purchasing program - creation - rules. (1) The 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) The 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) The department shall give preference to applicants that:
(A) Demonstrate a commitment to local purchasing or food and agricultural education;
(B) Have a kitchen with the ability to store, prepare, and serve local food products;
(C) Have greater than twenty-five percent of their students eligible for free or reduced price lunch pursuant to the national school lunch program;
(D) Served 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) To the extent possible, in selecting participating providers, the department shall ensure diversity in geographic location and district pupil count.
(c) On 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) In 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) Notwithstanding subsection (3)(a) of this section, the maximum amount of reimbursements that may be awarded in any year is five hundred thousand dollars.
(4) Reimbursement payments made pursuant to this section accrue to the participating provider's nonprofit school food account.
(5) (a) The state board is authorized to adopt rules to implement the purchasing program.
(b) The department is authorized to monitor the purchasing program to ensure program integrity.
(c) The department shall create, distribute, and collect producer and participating provider surveys required pursuant to section 22-82.9-304.
(6) If 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.
C.R.S. § 22-82.9-303 Local school food purchasing technical assistance and education grant program - creation - report
22-82.9-303. Local school food purchasing technical assistance and education grant program - creation - report. (1) The 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) Subject to available appropriations, the nonprofit organization may award grants for the following:
(a) Training, technical assistance, and physical infrastructure grants to participating providers, grower associations, or other organizations that aggregate products from producers for:
(I) Professional contracting services to support the development and sustainability of local and regional food systems;
(II) Chef training on food handling and procurement practices and small kitchen equipment purchases;
(III) Good 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) Schools 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) The nonprofit organization shall annually report to the department on the technical assistance and education program, including:
(a) The number and types of entities receiving grants;
(b) The 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.
C.R.S. § 22-82.9-304 Evaluation - report
22-82.9-304. Evaluation - report. (1) On 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 providers, including:
(a) Names and demographic data of participating providers;
(b) The 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) Product categories purchased;
(d) Number of Colorado producers or businesses participating by participating provider and in total;
(e) Economic effect on participating providers, producers, and economies; and
(f) Qualitative producer and participating provider surveys.
C.R.S. § 22-82.9-305 Program funding - state education fund
22-82.9-305. Program funding - state education fund. Purchasing 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 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.
C.R.S. § 22-82.9-306 Repeal of part
22-82.9-306. Repeal of part. This part 3 is repealed, effective July 1, 2026.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-22.docxFetched: 10/6/2026