Colorado § 22-82.9-205 - Local food purchasing grant - amount - advisory committee - verification of invoices - definition.

§ 22-82.9-205. Local food purchasing grant - amount - advisory committee - verification of invoices - definition.

(1) (a) Subject to subsection (5) of this section, each participating school food authority or charter school that operates under a participating charter school food authority that commits to operating 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. It is the general assembly's intent that these grants be used primarily to support small- and medium-sized farms and ranches.

(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 grantee 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 grantee 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 grantee 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 grantee received; and

(IV) The total number of eligible meals the participating grantee provided to students.

(2) (a) Subject to subsection (2)(b) of this section, at the beginning of each budget year the department, subject to available appropriations, shall distribute to each participating grantee that is eligible to receive a grant pursuant to this section an amount established pursuant to section 22-82.9-211 (3). The participating grantee 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 participating grantee 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 grantee 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 grantee 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 grantees 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 grantees 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 grantee must have or 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 grantee shall ensure that the membership of the advisory committee reflects the racial, ethnic, and socioeconomic demographics of the student population enrolled by the participating grantee. The advisory committee shall advise the participating grantee 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 grantee 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.

(c) A grantee that provided one million or fewer lunches in the 2023-24 school year may, subject to approval by the department, work with other grantees to implement an advisory committee that collaborates with multiple school food authorities.

(d) An advisory committee established pursuant to this subsection (3) is not limited to, but may:

(I) Schedule and hold meetings as necessary for the advisory committee to have ongoing collaboration with the participating grantee and achieve the advisory committee's goals;

(II) Through student surveys or other methods as necessary, gather student feedback on meals and meal preferences;

(III) Suggest the types of purchases of local ingredients to the grantee that would support local farmers and ranchers in the school food authority's region;

(IV) Inform the school food authority of recipes that are both nutritious and reflect the cultures of the student population enrolled by the participating grantee;

(V) Taste test healthy meal options;

(VI) Develop solutions to reduce food waste;

(VII) Assist the grantee in developing plans to support more scratch cooking;

(VIII) Assist the participating grantee in obtaining the necessary resources to provide meals that are culturally relevant, healthy, and appealing to all ages of the student population;

(IX) Inform the grantee of, and assist in the implementation of, strategies to maximize the collection and completion of household income application forms for national school lunch programs;

(X) Evaluate the effectiveness of the advisory committee in supporting the participating grantee in improving meal quality and student satisfaction with the meals provided by the grantee; and

(XI) Learn from a grantee about the logistics of local food procurement, menu requirements, and operational management to support the advisory committee in suggesting realistic and attainable changes to school meals.

(e) A grantee may contract with an external nonprofit organization to convene and facilitate an advisory committee pursuant to this subsection (3).

(4) The department shall annually require a selected group of participating grantees 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 grantee 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.

(6) As used in this section, unless the context otherwise requires, "grantee" means a participating school food authority or charter school that operates under a participating school food authority described in subsection (1) of this section that is eligible for and receives a local food purchasing grant program pursuant to this section.

Source: Referred 2022: Entire part added, Proposition FF, L. 2022, (HB 22-1414), ch. 509, p. 4282, § 1, effective upon proclamation of the Governor, December 27, 2022. L. 2024: (5) amended, (HB 24-1390), ch. 133, p. 481, § 4, effective April 29. L. 2025: (1)(a), (2)(a), and (3)(a) amended and (3)(c), (3)(d), and (3)(e) added (HB 25-1274), ch. 402, p. 2283, § 6, effective December 9, 2025, (see editor's note). L. 2026: (1), (2), (3), and (4) amended and (6) added, (SB 26-023), ch. 181, p. 1059, § 22, effective May 28.

Editor's note: Section 20(6) of chapter 402 (HB 25-1274), Session Laws of Colorado 2025, provides that the act changing this section takes effect on the date of the governor's proclamation, only if, at the November 2025 statewide election, a majority of voters approve the ballot issue referred in accordance with § 22-82.9-213.The ballot issue, referred to voters as Proposition MM, was approved on November 4, 2025, and was proclaimed by the governor on December 9, 2025, see L. 2026, p. 3650. The vote count for the measure was as follows:

FOR: 1,010,644

AGAINST: 681,400

Cross references: For the legislative declaration in HB 25-1274, see section 1 of chapter 402, Session Laws of Colorado 2025.