(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) [ Editor's note: This version of subsection (2)(b)(I) is effective unless
the ballot issue described in section 22-82.9-213 is approved by the people at the
next statewide election or unless the ballot issue described in section 22-82.9-212
is approved by the people at the next statewide election and the ballot issue
described in section 22-82.9-213 is rejected by the people at the next statewide
election. ] The department shall select participating providers that served fewer
than two million one hundred fifty thousand school lunches in the immediately
preceding school year. The department shall create a form for participating
providers to track and report the Colorado grown, raised, or processed products
purchased.
(b) (I) [ Editor's note: This version of subsection (2)(b)(I) is effective if the
ballot issue described in section 22-82.9-213 is approved by the people at the next
statewide election. ] The department shall select participating providers that served
a number of school lunches determined by the department pursuant to subsection
(2)(b)(I.5) of this section in the school year two years prior to the school year for
which the participating provider is applying for reimbursement pursuant to this
section. The department shall create a form for participating providers to track and
report the Colorado grown, raised, or processed products purchased.
(b) (I) [ Editor's note: This version of subsection (2)(b)(I) is effective if the
ballot issue described in section 22-82.9-212 is approved by the people at the next
statewide election and the ballot issue described in section 22-82.9-213 is
rejected by the people at the next statewide election. ] The department shall select
participating providers that served fewer than two million one hundred fifty
thousand school lunches in the school year two years prior to the school year for
which the participating provider is applying for reimbursement pursuant to this
section. The department shall create a form for participating providers to track and
report the Colorado grown, raised, or processed products purchased.
(I.5) [ Editor's note: Subsection (2)(b)(I.5) is effective if the ballot issue
described in section 22-82.9-213 is approved by the people at the next statewide
election. ] The department shall only select participating providers that served
fewer than two million one hundred fifty thousand school lunches in the school year
two years prior to the school year for which a participating provider is applying for
reimbursement pursuant to this section, unless the department determines that it
can award reimbursements to those participating providers of at least five cents for
every school lunch that the participating provider prepared in the school year two
years prior to the school year for which the participating provider is applying for
reimbursement pursuant to this section or a minimum of one thousand dollars,
whichever is greater, in which case the department may select any participating
provider for reimbursement pursuant to this section.
(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) [ Editor's note: This version of subsection (2)(b)(II)(D) is effective unless
the ballot issue described in section 22-82.9-213 is approved by the people at the
next statewide election or unless the ballot issue described in section 22-82.9-212
is approved by the people at the next statewide election and the ballot issue
described in section 22-82.9-213 is rejected by the people at the next statewide
election. ] Served fewer than one million two hundred fifty thousand school lunches
in the immediately preceding school year count; and
(D) [ Editor's note: This version of subsection (2)(b)(II)(D) is effective if the
ballot issue described in section 22-82.9-213 is approved by the people at the next
statewide election. ] Served fewer than one million two hundred fifty thousand
school lunches in the school year count two years prior to the school year for which
the participating provider is applying for reimbursement pursuant to this section;
and
(D) [ Editor's note: This version of subsection (2)(b)(II)(D) is effective if the
ballot issue described in section 22-82.9-212 is approved by the people at the next
statewide election and the ballot issue described in section 22-82.9-213 is
rejected by the people at the next statewide election. ] Served fewer than one
million two hundred fifty thousand school lunches in the school year count two
years prior to the school year for which the participating provider is applying for
reimbursement pursuant to this section; 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) [ Editor's note: This version of subsection (2)(c) is effective unless the
ballot issue described in section 22-82.9-213 is approved by the people at the next
statewide election or unless the ballot issue described in section 22-82.9-212 is
approved by the people at the next statewide election and the ballot issue
described in section 22-82.9-213 is rejected by the people at the next statewide
election. ] On or before August 1 of the year following the participating provider's
application, and August 1 of each year thereafter through the year after when the
participating provider stops participating in the purchasing program, the
participating provider shall track and report to the department for the school year
in which it applied, and for the immediately preceding 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.
(c) [ Editor's note: This version of subsection (2)(c) is effective if the ballot
issue described in section 22-82.9-213 is approved by the people at the next
statewide election. ] On or before August 1 of the year following the participating
provider's application, and August 1 of each year thereafter through the year after
when the participating provider stops participating in the purchasing program, the
participating provider shall track and report to the department for the school year
in which it applied, and for the school year two years prior to the school year for
which the participating provider is applying for reimbursement pursuant to this
section, 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.
(c) [ Editor's note: This version of subsection (2)(c) is effective if the ballot
issue described in section 22-82.9-212 is approved by the people at the next
statewide election and the ballot issue described in section 22-82.9-213 is
rejected by the people at the next statewide election. ] On or before August 1 of the
year following the participating provider's application, and August 1 of each year
thereafter through the year after when the participating provider stops
participating in the purchasing program, the participating provider shall track and
report to the department for the school year in which it applied, and for the school
year two years prior to the school year for which the participating provider is
applying for reimbursement pursuant to this section, 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, and each October thereafter, subject to annual
appropriation, the department shall reimburse each participating provider at least
five cents for every school lunch that the participating provider prepared in the
immediately preceding 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 and that
the department may prorate these reimbursements as necessary.
(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.
(3.5) [ Editor's note: Subsection (3.5) is effective if the ballot issue described
in section 22-82.9-213 is approved by the people at the next statewide election. ] During each October after October 2024 in which the department reimburses
providers participating in the purchasing program, the department shall reimburse
participating providers in an amount established pursuant to section 22-82.9-211
(3)(c)(I).
(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.