2023 Colorado Revised Statutes › Title 22 - EDUCATION (§§ 22-1-101 — 22-108-109) › MISCELLANEOUS (§§ 22-80-101 — 22-108-109) › Article 82.9 - Child Nutrition School Lunch Protection Program (§§ 22-82.9-101 — 22-82.9-306) › Part 2 - HEALTHY SCHOOL MEALS FOR ALL PROGRAM (§§ 22-82.9-201 — 22-82.9-211) › Section 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.
(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.
Amended by 2024 Ch. 133,§ 4, eff. 4/29/2024.
Added by 2022 Ballot Proposition FF, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
Added by 2022 Ch. 509, § 1, eff. 12/27/2022.
2022 Ch. 509, was passed without a safety clause. See Colo. Const. art. V, § 1(3).