CO Code § 26-2-139 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 2 - Public Assistance|Part 1 - Colorado Public Assistance Act|§ 26-2-139. Food Pantry Assistance Grant Program - Created - Timeline and Criteria - Grants - Definitions - Repeal

  As used in this section, unless the context otherwise requires:   “Colorado agricultural products” means all fruits, vegetables, grains, meats, and dairy products, 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 state department of agriculture.      “Eligible entity” means, for the purposes of a food pantry assistance grant, either a food bank or food pantry, as defined in this subsection (1). Hunger-relief charitable organizations, as defined in section 39-22-536 (1), are not eligible entities for purposes of this section. (b) (I) “Eligible entity” means, for the purposes of a food pantry assistance grant, either a food bank or food pantry, as defined in this subsection (1). Hunger-relief charitable organizations, as defined in section 39-22-536 (1), are not eligible entities for purposes of this section.    “Eligible entity”, for the purposes of a food pantry assistance grant, includes a faith-based organization.       “Food bank” means a charitable organization, exempt from federal income taxation under the provisions of the internal revenue code, that acquires and distributes food and nonfood essentials to other hunger relief programs.    “Food pantry” means an individual site that buys food or receives donations of foods that are then directly distributed to those in its community.    “Grant program” means the food pantry assistance grant program created in subsection (2) of this section.    “State department” means the state department of human services.       There is created in the state department the food pantry assistance grant program. The purpose of the grant program is to aid Colorado food pantries and food banks in the purchase of foods that better meet the needs of their clientele, which has expanded significantly as a result of the COVID-19 public health emergency. It is the intent of the general assembly that all money awarded by the grant program is expended by July 1, 2022.      The state department may contract with a third-party vendor to solicit, vet, award, and monitor grants. The selection of any vendor pursuant to this subsection (3)(a) is exempt from the requirements of the “Procurement Code”, articles 101 to 112 of title 24.    The state department is authorized to use up to five percent of the total funds appropriated to the grant program for the direct and indirect costs of administering and monitoring the grant program.         The state department or third-party vendor shall award one or more grants to eligible entities as soon as practicable after December 7, 2020, using money appropriated to the grant program. In awarding grants, the state department shall, at a minimum, consider:   Providing money to a wide array of eligible entities of different types and sizes;    Ensuring that money goes directly to eligible entities that are located in a variety of regions throughout the state;    The relative difference each award would make in the eligible entity's ability to meet the needs of its clientele;    The ability of each eligible entity to responsibly distribute the grant money in a timely manner;    The eligible entity's willingness to administer a client-needs survey as a vehicle for collecting input on the efficacy of its grant award; and    The ability of the eligible entity to create a feedback loop with the sate department that can inform implementation of the grant program in the future.       Grant awards, including those to joint applicants, must be at least two thousand five hundred dollars;      To the extent practicable, food purchased by a grant recipient using grant money be designated as a Colorado agricultural product. (c) (I) To the extent practicable, food purchased by a grant recipient using grant money be designated as a Colorado agricultural product.    A grant recipient may use up to twenty percent of its grant award to cover the direct and indirect expenses associated with the distribution of food, including:   Transportation;    Food delivery;    Expanding staff costs;    Refrigeration; and    Storage.       A grant recipient shall not resell or apply other associated fees to the distribution of products purchased with money made available through a grant. (4.5)   For state fiscal year 2021-22, the general assembly shall appropriate five million dollars from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the state department for the grant program that conforms with the allowable purposes set forth in the federal “American Rescue Plan Act of 2021”, Pub.L. 117-2, as the act may be subsequently amended.    This subsection (4.5) is repealed, effective July 1, 2023.             This section is repealed, effective June 30, 2023.     History. Source: L. 2020: Entire section added,(HB 20-1422), ch. 116, p. 485, § 2, effective June 22. L. 2020, 1st Ex. Sess.: (1)(b), (2), (3)(b), IP(4)(a), (4)(b), (4)(c), and (5) amended, (HB 20B-1003), ch. 6, p. 35, § 2, effective December 7. L. 2021: (2), (3), and IP(4)(a) amended and (4.5) added,(SB 21-027), ch. 431, p. 2852, § 3, effective July 6.    Editor's note:   Section 5 of chapter 431 (SB 21-027), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-288 becomes law and takes effect either upon the effective date of SB 21-027 or one day after the effective date of SB 21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and SB 21-027 took effect July 6, 2021.   Cross references:   For the legislative declaration in HB 20-1422, see section 1 of chapter 116, Session Laws of Colorado 2020. For the legislative declaration in HB 20B-1003, see section 1 of chapter 6, Session Laws of Colorado 2020, First Extraordinary Session. For the legislative declaration in SB 21-027, see section 1 of chapter 431, Session Laws of Colorado 2021.