(1) (Deleted by amendment, L. 2008, p. 1967, � 15, effective January 1, 2009.)
(1.5) Moneys appropriated by the general assembly to the county block grant
line shall remain appropriated and available to counties pursuant to the procedures
specified in this section.
(2) Subject to available appropriations, in state fiscal year 2009-10 and in
each fiscal year thereafter, the state department, with input from the works
allocation committee, shall set the amount of the county block grants based on
demographic and economic factors within the counties, including the amount a
county spends on basic cash assistance grants and the county's TANF reserve
balance.
(2.5) In the event that the state department and the works allocation
committee do not reach an agreement in setting the amounts of the county block
grants pursuant to the provisions of subsection (2) of this section on or before June
15 of each state fiscal year, the works allocation committee shall submit
alternatives to the joint budget committee of the general assembly from which the
joint budget committee shall identify each individual county's block grant for the
state fiscal year commencing on the immediately succeeding July 1.
(3) Nothing in subsections (2) and (2.5) of this section shall prevent a county
from transferring at any time during the fiscal year, pursuant to procedures
established by the state department and the works allocation committee, a portion
of the county's current federal TANF allocation to another county in exchange for
an amount of county moneys equal to the maintenance of effort associated with the
allocation.
(4) The state department shall identify the portion of moneys in the county
block grant that may be spent on administrative costs.
(5) (a) (I) (A) A county shall be authorized to maintain a reserve account of
county block grant moneys pursuant to rules promulgated by the state department.
(B) Pursuant to the provisions of subparagraph (V) of paragraph (c) of
subsection (6) of this section, upon the conclusion of state fiscal year 2010-11, and
upon the conclusion of each state fiscal year thereafter, the works allocation
committee may transfer to another county on or before November 1 of the
succeeding fiscal year, any unspent county TANF reserves in excess of forty
percent of the county's county block grant for the concluding state fiscal year.
TANF reserves transferred to a county pursuant to this sub-subparagraph (B) shall
be available to the county in the succeeding state fiscal year.
(C) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, � 1, effective
May 19, 2011.)
(D) If the works allocation committee transfers excess unspent TANF
reserves pursuant to sub-subparagraph (B) of this subparagraph (I), the county from
which the reserves are transferred shall receive appropriate maintenance of effort
credit for those reserves. The county receiving the TANF reserves shall be
responsible for providing an amount of county moneys equal to the maintenance of
effort associated with the TANF reserves.
(E) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, � 1, effective
May 19, 2011.)
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to
the contrary, in state fiscal year 2008-09, and in each state fiscal year thereafter, a
county with an annual county block grant amount of two hundred thousand dollars
or less shall make available to the works allocation committee for transfer to
another county pursuant to the provisions of subparagraph (V) of paragraph (c) of
subsection (6) of this section any unspent TANF reserves in excess of one hundred
thousand dollars.
(III) As used in this subsection (5), unspent TANF reserves means the
amount deposited in a county reserve account plus any unspent TANF transfers
authorized pursuant to this subsection (5) and subsections (7) and (9) of this
section.
(IV) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, � 1, effective
May 19, 2011.)
(b) A county shall be required to maintain in such county's social services
fund created pursuant to section 26-1-123 any county funds that were appropriated
pursuant to section 26-2-716 (1)(a) and section 26-1-122 (6) in order to meet the
targeted spending level required pursuant to subsection (6) of this section but not
actually expended on the works program during the state fiscal year for which the
county appropriated such funds.
(5.5) (a) The state department is authorized to segregate county block grant
funds allocated under this section.
(b) If the state department segregates county block grant funds as
authorized under this subsection (5.5):
(I) County departments shall report to the state expenditures they have
made in a segregated manner, according to rules promulgated by the state board in
accordance with applicable federal law;
(II) The counties shall develop policies regarding the use of segregated
funds under this subsection (5.5);
(III) Funds shall be segregated in order to ensure maximum flexibility and to
allow counties to provide additional assistance or services, in accordance with
federal law.
(c) Repealed.
(d) The state board shall promulgate rules as necessary to implement this
subsection (5.5).
(6) (a) Targeted spending levels. For state fiscal year 1997-98 and each
state fiscal year thereafter, a county's targeted spending level shall be an amount
that meets or exceeds one hundred percent of the county's spending on AFDC,
JOBS, and the administrative costs related to those programs in state fiscal year
1995-96.
(b) Repealed.
(c) Actual spending levels - 1998-99 and thereafter. (I) For state fiscal year
1998-99 and for each state fiscal year thereafter, all counties collectively shall be
required to meet levels of spending on the works program that are set forth in the
annual long appropriation act, subject to the provisions of subsection (8) of this
section.
(II) For state fiscal year 1998-99 and for each state fiscal year thereafter,
each county's actual level of spending shall be identified by the works allocation
committee created in subparagraph (IV) of this paragraph (c) no later than June 15
of each state fiscal year for the immediately succeeding state fiscal year. Prior to
determining each county's actual spending level, the works allocation committee
shall ensure that all counties have been notified of the recommended actual
spending level and given an opportunity to provide comment on the
recommendation. In the event that the works allocation committee does not reach
an agreement on each individual county's actual level of spending for a state fiscal
year on or before June 15 of such prior state fiscal year, the committee shall submit
alternatives to the joint budget committee of the general assembly from which
such joint budget committee shall identify each individual county's level of
spending for a state fiscal year. The amount identified for a county's level of
spending shall be identified in the county's performance contract with the state
department entered into pursuant to section 26-2-715.
(III) The works allocation committee shall also identify the amount of
mitigation that shall be allocated for a small county in accordance with the
provisions of subsection (8) of this section. The works allocation committee may
create a subcommittee that represents the interests of small counties as defined in
subsection (8) of this section, which subcommittee may make recommendations
concerning the mitigation amounts to be allocated for a small county pursuant to
the provisions of subsection (8) of this section.
(IV) There is hereby created the works allocation committee that shall
consist of eleven members, eight of whom shall be appointed by a statewide
association of counties and three of whom shall be appointed by the state
department. Of the members appointed by the statewide association of counties, at
least two members shall be from small or medium-sized counties, and at least three
shall be from large counties. The appointing authorities shall consult with each
other to ensure that the works allocation committee is representative of the
counties in the state. A representative from the county that has the greatest
percentage of the state's works caseload will automatically be appointed, which
appointment shall be credited against the eight appointments allocated to the
statewide association of counties. The works allocation committee shall develop its
own operational procedures.
(V) The works allocation committee shall determine the priority criteria for
transfers of excess unspent TANF reserves to a county pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (5) of this
section and the amount of the transfers. With the goal of increasing the counties'
minimum percentage reserve balances, the works allocation committee's priority
criteria shall give first priority to transfers to counties that have no more than a ten
percent balance in the county's TANF reserve account. If moneys remain after
satisfying the first priority criterion, second priority shall be given to transfers to
those counties whose TANF reserves are more than ten percent, but no more than
twenty percent.
(7) The county may transfer any amount of the county block grant that is
designated as federal funds and that is specified by the state department as being
available for transfer within the limitation imposed by the federal law on transfers
of federal funds from the temporary assistance for needy families block grant to
the child care development fund if child care funds are not available.
(8) (a) As used in this subsection (8), unless the context otherwise requires:
(I) Annual maximum mitigation amount means that portion of the total
amount of county funds identified in the annual long appropriation act that may be
used for mitigation for small counties in that state fiscal year.
(II) Mitigation means a specific reduction in a county's targeted spending
level established pursuant to paragraph (a) of subsection (6) of this section or a
specific reduction in a county's actual spending level established pursuant to
paragraph (c) of subsection (6) of this section that is authorized pursuant to the
provisions of this subsection (8). Mitigation can occur for targeted spending levels
or actual spending levels or for both types of spending levels.
(III) Small county means a county with less than thirty-eight one
hundredths of one percent of the total caseload of the works program statewide.
The state department, with input from the works allocation committee, shall
determine what shall constitute the total caseload of the works program and the
time at which such caseload shall be established.
(b) Subject to the identification of an annual maximum mitigation amount in
the annual long appropriation act and the criteria identified in paragraph (c) of this
subsection (8), the works allocation committee created pursuant to subparagraph
(IV) of paragraph (c) of subsection (6) of this section is authorized to identify the
amount or amounts of any mitigation that shall be allocated to a small county in a
specific state fiscal year. The works allocation committee shall notify the state
department of any agreement concerning the allocation of any annual maximum
mitigation amount in accordance with the provisions of this subsection (8).
(c) The criteria that the works allocation committee shall use include but are
not limited to the following:
(I) The assessment of the equity of a small county's total program
expenditures as they relate to the targeted or actual spending level for the small
county;
(II) The extent to which the small county will have insufficient revenues to
meet its targeted or actual spending level; and
(III) The extent to which the provision of any mitigation may enhance the
efforts of a small county or group of small counties to regionalize pursuant to the
provisions of section 26-2-718.
(9) (a) For state fiscal year 1997-98, and for each state fiscal year thereafter,
a county may transfer any amount of the county block grant that is designated as
federal funds and that is specified by the state department as being available for
transfer within the limitation imposed by the federal law on transfers of federal
funds from the temporary assistance for needy families block grant to programs
funded by Title XX of the federal social security act.
(b) A county may make the transfer authorized by paragraph (a) of this
subsection (9) only for expenditures that are allowable under programs funded by
Title XX of the federal social security act, subject to the following provisions:
(I) If the funds transferred are used for the provision of child welfare services
as defined in section 26-5-101 (3), the county may only make the transfer:
(A) After the county has made allowable expenditures of all funds in the
county's capped or targeted allocation or allocations for child welfare services,
other than for core services as referred to in section 26-5-101 (3)(f); and
(B) For the expenditures for child welfare services other than out-of-home
placement services as described in section 26-5-101 (3)(i).
(II) A county shall not be required to appropriate funds to provide a county
match pursuant to the provisions of section 26-1-122 for any funds transferred
pursuant to the provisions of this subsection (9).
(III) A county shall not be authorized to use funds transferred pursuant to the
provisions of this subsection (9) for the purpose of supplanting funds that:
(A) The county would otherwise be required to appropriate pursuant to
section 26-1-122 in order to provide a county match for public assistance programs;
or
(B) The county would otherwise appropriate in order to continue the
provision of services under a program of public assistance administered with county
only funds in the prior fiscal year.
(c) The state board shall promulgate rules governing procedures for
transfers authorized pursuant to the provisions of this subsection (9).
(d) A county may make a transfer authorized by subsection (9)(a) of this
section, within the limitations imposed by state and federal law on such transfers, in
order to fund various programs for the improvement of child care. The transfers
may be used for minor remodeling of licensed child care facilities or facilities
legally exempt from licensing requirements pursuant to section 26.5-5-304,
including but not limited to physical modifications for the purpose of licensure or
accreditation, construction or improvement of fencing or other safety and security
fixtures or other uses not prohibited under 42 U.S.C. sec. 1397d.
(10) (a) If the state meets federal work participation rates and qualifies for a
percent reduction in the state's maintenance of effort as specified in federal law for
any year, the actual spending level for the works program of all counties
collectively shall be reduced by the same amount as the amount of the reduction in
the federal maintenance of effort requirement.
(b) For the purposes of this subsection (10), percent reduction means the
percent of reduction of historical expenditures as that term is defined in section
409 (7)(b) of the federal social security act, as amended.
(c) For any year in which a percent reduction in the state's maintenance of
effort requirement occurs, the works allocation committee created pursuant to
subparagraph (IV) of paragraph (c) of subsection (6) of this section shall determine
each county's share of the reduction in actual spending levels. Prior to making such
determination, the works allocation committee shall ensure that all counties have
been notified of the recommended reduction for each county and given an
opportunity to provide comment on the recommendation. In the event that the
works allocation committee does not reach an agreement on each individual
county's reduction in actual spending levels, the committee shall submit
alternatives to the joint budget committee of the general assembly from which
such joint budget committee shall identify each individual county's reduction in
actual spending levels. The state department is authorized to adjust each county's
share of the reduction in actual spending levels. The state department is authorized
to adjust each county's actual spending level for any percentage reduction earned
in accordance with the determination of the works allocation committee concerning
each county's share of the reduction.
(11) The works allocation committee shall:
(a) Review, at least quarterly, the balance of the Colorado long-term works
reserve, the balance of the total statewide county TANF reserve, and the amount of
basic cash assistance grants provided to participants to monitor whether the
balance of the Colorado long-term works reserve will fall below twenty-five
percent of the state block grant amount and whether the balance of the total
statewide county TANF reserve will fall below fifteen percent of the county block
grant amount;
(b) Submit a written report to the joint budget committee detailing the
current Colorado long-term works reserve level, the total statewide county TANF
reserve level as a whole and by county, and any projections regarding deficits in the
reserves; and
(c) Establish a mitigation fund for counties whose TANF reserves fall below
fifteen percent of the county's block grant amount.