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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0529.02 Jacob Baus x2173 HOUSE BILL 26-1350
House Committees Senate Committees
Appropriations
A BILL FOR AN ACT
CONCERNING APPROPRIATIONS RELATED TO SCHOOL FOOD101
PROGRAMS, AND , IN CONNECTION THEREWITH , MAKING AND102
REDUCING AN APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/.)
Joint Budget Committee. Under current law, the general
assembly is required to appropriate an amount to comply with matching
requirements under the federal "Richard B. Russell National School
Lunch Act". The bill makes this appropriation optional and allows the
amount to be appropriated from the healthy school meals for all program
HOUSE
3rd Reading Unamended
April 11, 2026
HOUSE
2nd Reading Unamended
April 8, 2026
HOUSE SPONSORSHIP
Brown and Taggart, Sirota, Clifford
SENATE SPONSORSHIP
Amabile and Bridges, Kirkmeyer
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
cash fund.
Under current law, the department of education is a designated
partner agency for the summer electronic benefits transfer for children
program (summer EBT program), created in the department of human
services, and is required to administer the summer EBT program. The bill
allows money for administration of the summer EBT program to be
appropriated from the healthy school meals for all program cash fund.
Under current law, the general assembly is required to appropriate
$700,000 to $1.5 million to the start smart nutrition program cash fund
(cash fund). The bill makes the appropriation optional, repeals the cash
fund, transfers the cash fund balance to the general fund, and allows an
appropriation to be made from the healthy school meals for all program
cash fund.
Under current law, the general assembly is required to appropriate
money for the child nutrition school lunch protection program. The bill
makes the appropriation optional and allows an appropriation to be made
from the healthy school meals for all program cash fund.
Under current law, the department of education administers a local
school food purchasing program and a local school food purchasing
technical assistance and education grant program (legacy local school
food programs) that are distinct from the local school food purchasing
program and technical assistance and education grant programs within the
"Healthy School Meals for All Act" (HSMA local school food programs).
The bill states that the general assembly may appropriate an amount for
the legacy local school food programs if the healthy school meals for all
program cash fund does not fully fund the HSMA local school food
programs.
The bill makes and reduces appropriations to the department of
education for the affected programs.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Prior to the approval of propositions FF, MM, and LL4
concerning the healthy school meals for all program, the state maintained5
a number of mechanisms and programs to subsidize meals for students,6
each with required appropriations; and7
(b) The voter approval of propositions FF, MM, and LL8
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concerning the healthy school meals for all program is anticipated to be1
sufficient to fully support school nutrition programs.2
(2) Therefore, the general assembly declares that it is necessary to3
eliminate the requirement to appropriate money to the legacy meal4
mechanisms and that the healthy school meals for all program may be5
used to support school nutrition programs, if necessary.6
SECTION 2. In Colorado Revised Statutes, 22-82.9-211, amend7
(3)(a)(VII) and (3)(g); and add (3)(a)(IX), (3)(a)(X), (3)(a)(XI), and8
(3)(a)(XII) as follows:9
22-82.9-211. Healthy school meals for all program cash fund10
- creation - uses - reporting requirements - legislative declaration -11
definitions - repeal.12
(3) (a) Subject to annual appropriation by the general assembly,13
money may be expended from the fund that is not in the account for the14
following purposes:15
(VII) Beginning July 1, 2026, providing outreach related to the16
supplemental nutritional assistance program; and17
(IX) B EGINNING JULY 1, 2026, COMPLYING WITH THE18
REQUIREMENTS FOR STATE MATCHING FUNDS UNDER THE FEDERAL19
"RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC.20
1751 ET SEQ.;21
(X) BEGINNING JULY 1, 2026, ADMINISTERING THE START SMART22
NUTRITION PROGRAM CREATED IN SECTION 22-82.7-103;23
(XI) B EGINNING JULY 1, 2026, ADMINISTERING THE CHILD24
NUTRITION SCHOOL LUNCH PROTECTION PROGRAM CREATED IN SECTION25
22-82.9-104; AND26
(XII) B EGINNING JULY 1, 2026, ADMINISTERING THE SUMMER27
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ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM PURSUANT TO1
SECTION 22-2-149.2
(g) If, upon awarding money according to subsection (3)(f) of this3
section, the department determines that awarding money pursuant to this4
subsection (3)(g) would result in a reserve calculation amount equal to5
thirty-five percent or more, then money may be expended from the fund,6
including money in the account in accordance with subsection (3)(a.5)(II)7
of this section by awarding and distributing amounts from the fund as8
described in subsection (3)(f) of this section and then funding the9
implementation of the supplemental nutritional assistance program in a10
manner that supplements and does not supplant the state's expenditures,11
as of July 1, 2025, to implement the supplemental nutritional assistance12
program; outreach related to the supplemental nutritional assistance13
program; and community-based nutrition education; THE REQUIREMENTS14
FOR STATE MATCHING FUNDS UNDER THE FEDERAL "RICHARD B. RUSSELL15
NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC. 1751 ET SEQ.; AND THE16
SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM17
PURSUANT TO SECTION 22-2-149.18
SECTION 3. In Colorado Revised Statutes, 22-54-123, amend19
(1); and add (1.5) as follows:20
22-54-123. Richard B. Russell national school lunch act -21
appropriation of state matching funds - definition.22
(1) For the 2001-02 budget year and budget years thereafter, The23
general assembly shall MAY appropriate by separate line item an amount24
to comply with the requirements for state matchi ng funds under the25
federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec.26
1751 et seq. The department of education shall develop procedures to27
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allocate and disburse the funds among participating school food1
authorities each year in an equitable manner so as to comply with the2
requirements of said act.3
(1.5) PURSUANT TO SECTION 22-82.9-211 (3)(a)(IX), SUBJECT TO4
ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, THE DEPARTMENT5
OF EDUCATION MAY EXPEND AN AM OUNT FROM THE HEALTHY SCHOOL6
MEALS FOR ALL PROGRAM CASH FUND TO COMPLY WITH THE7
REQUIREMENTS FOR STATE MATCHING FUNDS UNDER THE FEDERAL8
"RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT", 42 U.S.C. SEC.9
1751 ET SEQ.10
SECTION 4. In Colorado Revised Statutes, 22-82.7-102, amend11
the introductory portion; and repeal (2) as follows:12
22-82.7-102. Definitions.13
As used in this article ARTICLE 82.7, unless the context otherwise14
requires:15
(2) "Fund" means the start smart nutrition program fund created16
in section 22-82.7-105.17
SECTION 5. In Colorado Revised Statutes, 22-82.7-104, amend18
(1); and repeal (2) as follows:19
22-82.7-104. Program funding - appropriation.20
(1) The general assembly shall MAY annually appropriate by21
separate line item in the annual general appropriation bill an amount of22
not less than seven hundred thousand dollars and not more than one23
million fi ve hundred thousand dollars to the fund created in section24
22-82.7-105 TO THE DEPARTMENT FOR DISTRIBUTION TO SCHOOL FOOD25
AUTHORITIES to allow school food authorities to provide free breakfasts26
to children participating in the school breakfast program who would27
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otherwise be required to pay a reduced price for breakfast and to offset1
the costs incurred by facility schools in providing breakfasts to students2
who are placed in the facility and are eligible to participate in the school3
breakfast program. The appropriation to the fund shall be DEPARTMENT4
MAY BE in addition to any appropriation made by the general assembly5
pursuant to section 22-54-123 or 22-54-123.5 (1).6
(2) The department may seek and accept gifts, grants, and7
donations from public and private sources to fund the program, but8
receipt of gifts, grants, and donations shall not be a prerequisite to the9
implementation of the program. All private and public funds received10
through gifts, grants, and donations shall be transmitted to the state11
treasurer, who shall credit the same to the fund.12
SECTION 6. In Colorado Revised Statutes, 22-82.7-105, amend13
(1) introductory portion and (1)(a); repeal (1)(b); and add (4) and (5) as14
follows:15
22-82.7-105. Start smart nutrition program fund - creation -16
administrative costs - repeal.17
(1) There is hereby created in the state treasury the start smart18
nutrition program fund. The fund shall consist CONSISTS of:19
(a) Such moneys as are MONEY AS IS appropriated to the fund by20
the general assembly pursuant to section 22-82.7-104 (1); AND21
(b) Any gifts, grants, or donations received by the department for22
the fund pursuant to section 22-82.7-104 (2); and23
(4) (a) N OTWITHSTANDING SUBSECTIONS (1) TO (3) OF THIS24
SECTION, ON JUNE 30, 2026, THE STATE TREASURER SHALL TRANSFER ALL25
UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND TO THE GENERAL26
FUND.27
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(b) NOTWITHSTANDING SUBSECTIONS (1) TO (3) OF THIS SECTION,1
ON AUGUST 31, 2026, THE STATE TREASURER SHALL TRANSFER ALL2
UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND TO THE GENERAL3
FUND.4
(5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.5
SECTION 7. In Colorado Revised Statutes, amend 22-82.7-1066
as follows:7
22-82.7-106. Program - procedures.8
The department shall develop procedures to allocate and disburse9
the moneys in the fund THE MONEY APPROPRIATED TO THE DEPARTMENT10
FOR THE PROGRAM among participating school food authorities and11
facility schools each year, in an equitable manner and in compliance with12
the requirements of the federal "Richard B. Russell National School13
Lunch Act", 42 U.S.C. sec. 1751 et seq.14
SECTION 8. In Colorado Revised Statutes, 22-82.9-105, amend15
(1) as follows:16
22-82.9-105. Program funding.17
(1) For each fiscal year, the general assembly shall MAY make an18
appropriation by separate line item in the annual general appropriation19
bill to allow school food authorities to provide lunches at no charge for20
children in state-subsidized early childhood education programs21
administered by public schools or in kindergarten through twelfth grade22
participating in the school lunc h program who woul d otherwise be23
required to pay a reduced price for lunch and to offset the costs incurred24
by a facility school in providing lunch to students who are placed in the25
facility and are eligible to participate in the school lunch program. The26
appropriation to the department for the program must MAY be in addition27
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to any appropriation made by the general assembly pursuant to section1
22-54-123 or 22-54-123.5 (1). The department may expend not more than2
two percent of the money annually appropriated for the program to offset3
the direct and indirect costs incurred by the department in implementing4
the program pursuant to this part 1.5
SECTION 9. In Colorado Revised Statutes, 22-82.9-302, amend6
(3)(a) as follows:7
22-82.9-302. Local school food purchasing program - creation8
- rules.9
(3) (a) In October 2024, and each October thereafter, subject to10
annual appropriation IN A STATE FISCAL YEAR WHEN APPROPRIATIONS11
FROM THE HEALTHY SCHOOL MEALS FOR ALL PROGRAM FUND CREATED IN12
SECTION 22-82.9-211 DO NOT FULLY FUND THE AWARD OF LOCAL FOOD13
PURCHASING GRANTS PURSUANT TO SECTION 22-82.9-205, THE GENERAL14
ASSEMBLY MAY APPROPRIATE AN AMOUNT FOR the department shall TO15
reimburse each participating provider at least five cents for every school16
lunch that the participating provider prepared in the immediately17
preceding school year; or a minimum of one thousand dollars, whichever18
is greater; except that a participating provider is not reimbursed for the19
amount of value-added processed products that exceeds twenty-five20
percent of the total of the Colorado grown, raised, or processed products21
it purchased and that the department may prorate these reimbursements22
as necessary.23
SECTION 10. In Colorado Revised Statutes, 22-82.9-303,24
amend (2) introductory portion as follows:25
22-82.9-303. Local school food purchasing technical assistance26
and education grant program - creation - report.27
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(2) Subject to available appropriations IN A STATE FISCAL YEAR1
WHEN APPROPRIATIONS FROM THE HEALTHY SCHOOL MEALS FOR ALL2
PROGRAM FUND CREATED IN SECTION 22-82.9-211 DO NOT FULLY FUND3
THE LOCAL SCHOOL FOOD PURCHASING TECHNICAL ASSISTANCE AND4
EDUCATION GRANT PROGRAM PURSUANT TO SECTION 22-82.9-207, THE5
GENERAL ASSEMBLY MAY APPROPRIATE AN AMOUNT FOR the nonprofit6
organization may TO award grants for the following:7
SECTION 11. Appropriation - adjustments to 2026 long bill.8
(1) Except as provided in subsection (3) of this section, to implement this9
act, appropriations made in the annual general appropriation act for the10
2026-27 state fiscal year to the department of education for use by school11
district operations are adjusted as follows:12
(a) The cash funds appropriation from the state public school fund13
created in section 22-54-114 (1), C.R.S., for state match for the school14
lunch program is decreased by $2,472,644;15
(b) The cash funds appropriation from the state education fund16
created in section 17 (4)(a) of article IX of the state constitution for the17
child nutrition school lunch protection program is decreased by $841,460;18
(c) The cash f unds appropriation from the start smart nutrition19
program fund created in section 22-82.7-105 (1), C.R.S., for the start20
smart nutrition program is decreased by $296,484; and21
(d) The general fund appropriation for summer electronics22
benefits transfer for children is decreased by $229,097, and the related23
FTE is decreased by 0.9 FTE.24
(2) For the 2026-27 state fiscal year, $3,001,741 is appropriated25
to the department of education for use by school district operations. This26
appropriation is from the healthy school meals for all program fund27
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created in section 22-82.9-211 (2)(a), C.R.S. To implement this act, the1
department may use this appropriation as follows:2
(a) $2,472,644 for state match for the school lunch program;3
(b) $235,000 for the child nutrition school lunch protection4
program;5
(c) $65,000 for the start smart nutrition program; and6
(d) $229,097 for summer electronics benefits transfer for children,7
which amount is based on an assumption that the department will require8
an additional 0.9 FTE.9
(3) Subsection (1) of this section does not require a reduction of10
an appropriation in the annual general appropriation act for the 2026-2711
state fiscal year for the department of education for use by school district12
operations if:13
(a) The amount of cash funds appropriation from the state public14
school fund created in section 22-54-114 (1), C.R.S., made in the annual15
general appropriation act for the 2026-27 state fiscal year for state match16
for the school lunch program is less than the amount of the adjustment17
required in subsection (1)(a) of this section;18
(b) The amount of cash funds appropriation from the state19
education fund created in section 17 (4)(a) of article IX of the state20
constitution made in the annual general appropriation act for the 2026-2721
state fiscal year for the child nutrition school lunch protection program is22
less than the amount of the adjustment required in subsection (1)(b) of23
this section;24
(c) The amount of cash funds appropriation from the start smart25
nutrition program fund created in section 22-82.7-105 (1), C.R.S., made26
in the annual general appropriation act for the 2026-27 state fiscal year27
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for the start smart nutrition program is less than the amount of the1
adjustment required in subsection (1)(c) of this section;2
(d) The amount of the general fund appropriation made in the3
annual general appropriation act for the 2026-27 state fiscal year for the4
summer electronics benefits transfer for children is less than the amount5
of the adjustment required in subsection (1)(d) of this section; or6
(e) The annual general appropriation act for the 2026-27 state7
fiscal year does not include an appropriation to the department of8
education for use by school district operations for:9
(I) State match for the school lunch program;10
(II) The child nutrition school lunch protection program;11
(III) The start smart nutrition program; or12
(IV) The summer electronics benefits transfer for children.13
SECTION 12. Effective date. This act takes effect upon passage;14
except that subsections (1) and (3) of section 11 of this act take effect15
only if the annual general appropriation act for the 2026-27 state fiscal16
year becomes law, in which case subsections (1) and (3) of section 11 of17
this act take effect upon the effective date of this act or of the annual18
general appropriation act for state fiscal year 2026-27, whichever is later. 19
SECTION 13. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
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