Second Regular Session

Sixty-seventh General Assembly

STATE OF COLORADO

INTRODUCED

LLS NO. 10-0640.02 Debbie Haskins SENATE BILL 10-106

Senate Committees House Committees

Health and Human Services

A BILL FOR AN ACT

CONCERNING THE CREATION OF A FOOD SYSTEMS ADVISORY COUNCIL. 101

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://www.leg.state.co.us/billsummaries.)

The bill creates a 17-member food systems advisory council

(council). The executive directors or their designees from the

departments of public health and environment, agriculture, human

services, education, and local affairs are 5 of the members of the council.

The remaining 12 members are appointed by the governor, the president

of the senate, the speaker of the house of representatives, the minority

leader of the senate, and the minority leader of the house of

SENATE SPONSORSHIP

Bacon, Boyd, Newell, Sandoval

HOUSE SPONSORSHIP

Looper,

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

representatives as outlined in the bill. Those 12 appointive members are

representatives of 6 functional areas: Nutrition and health; agricultural

production; food wholesalers and food retailers; anti-hunger and food

assistance programs; economic development; and local government.

The purposes of the council are to:

! Identify and use existing studies of the food system and

examples of best practices, whenever possible;

! Collaborate with other task forces, committees, or

organizations with similar purposes;

! Develop local food policies for Colorado that contribute to

building robust, resilient, and long-term local food

economies;

! Develop policy recommendations regarding hunger and

food access;

! Support the efforts of, be a resource to, and receive input

from local and regional food policy councils in the state;

! Advise and recommend actions that state and local

governments, businesses, agriculture, and consumers can

take to build robust, resilient, and long-term local food

economies.

The bill lists several policy issues that the council will consider

and study. The council may appoint subcommittees in the following

areas: Local and regional food councils, local government, and school

districts. The council may also appoint other subcommittees.

The council may accept gifts, grants, donations, or federal funds

to fund the work of the council. The council will annually report its

findings and recommendations, including proposals for legislation or for

administrative action, to the general assembly, the governor, and the

commissioner of agriculture.

As an advisory committee, the council will undergo a sunset

review and be repealed, effective July 1, 2013, unless extended by the

general assembly.

Be it enacted by the General Assembly of the State of Colorado: 1

SECTION 1. Title 24, Colorado Revised Statutes, is amended BY 2

THE ADDITION OF A NEW ARTICLE to read: 3

ARTICLE 37.3 4

Colorado Food Systems Advisory Council 5

24-37.3-101. Legislative declaration. (1) THE GENERAL 6

ASSEMBLY HEREBY FINDS AND DECLARES THAT: 7

(a) IN SEPTEMBER 2009, THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION REPORTED THAT NO STATE IN THE UNITED 2

STATES WAS MEETING NATIONAL GOALS FOR THE AMOUNT OF FRUITS AND 3

VEGETABLES THAT AMERICANS SHOULD BE EATING. AS A RESULT, THE 4

CENTERS FOR DISEASE CONTROL AND PREVENTION IDENTIFIED THE 5

CREATION OF FOOD POLICY COUNCILS CONSISTING OF 6

MULTI-STAKEHOLDER ORGANIZATIONS AS AN EFFECTIVE WAY TO SUPPORT 7

SYSTEM CHANGES TO IMPROVE LOCAL FOOD ECONOMIES. 8

(b) FOOD POLICY COUNCILS FORMED IN OTHER STATES HAVE BEEN 9

EFFECTIVE IN BRINGING TOGETHER A BROAD ARRAY OF FOOD-RELATED 10

GOVERNMENT AND NONGOVERNMENT CONSTITUENCIES TO EMPLOY A 11

FOOD SYSTEMS APPROACH THAT FACILITATES POLICY EVALUATION AND 12

PROGRAM DEVELOPMENT AT EVERY STAGE OF THE FOOD PROCESS FROM 13

FARM TO TABLE; 14

(c) FORMATION OF A STATE FOOD ADVISORY COUNCIL WILL 15

BENEFIT COLORADO AGRICULTURISTS AND OTHERS INVOLVED IN ALL 16

ASPECTS OF AGRICULTURAL PRODUCTION; 17

(d) CREATION OF A STATE FOOD ADVISORY COUNCIL WILL PROVIDE 18

INCREASED FOCUS ON THE ECONOMIC DEVELOPMENT OPPORTUNITIES OF 19

COLORADO'S FOOD SYSTEM ALONG WITH IMPROVEMENTS TO 20

AGRICULTURAL PRODUCTION, COMMUNITY WELL-BEING, AND PUBLIC 21

HEALTH. 22

(2) THE GENERAL ASSEMBLY FURTHER FINDS THAT BUILDING 23

LOCAL FOOD ECONOMIES WILL CREATE JOBS, STIMULATE STATEWIDE 24

ECONOMIC DEVELOPMENT, AND CIRCULATE MONEY FROM LOCAL FOOD 25

SALES WITHIN LOCAL COMMUNITIES. THE GENERAL ASSEMBLY FINDS THAT 26

BUILDING ROBUST, RESILIENT, AND LONG-TERM LOCAL FOOD ECONOMIES 27

IN COLORADO WILL PRESERVE AND PROTECT THE NATURAL ENVIRONMENT, INCREASE CONSUMER ACCESS TO FRESH, HEALTHY, AND SAFE FOODS, AND 2

PROVIDE GREATER FOOD SECURITY FOR ALL COLORADANS. 3

24-37.3-102. Colorado food systems advisory council - created 4

- membership - terms - vacancies. (1) THERE IS HEREBY CREATED THE 5

COLORADO FOOD SYSTEMS ADVISORY COUNCIL, REFERRED TO IN THIS 6

ARTICLE AS THE "COUNCIL". THE COUNCIL IS CREATED AS AN ADVISORY 7

COMMITTEE TO FOSTER A HEALTHY AND AVAILABLE FOOD SUPPLY TO ALL 8

COLORADO RESIDENTS WHILE ENHANCING THE STATE'S AGRICULTURAL 9

AND NATURAL RESOURCES, ENCOURAGING ECONOMIC GROWTH, 10

EXPANDING THE VIABILITY OF AGRICULTURE, AND IMPROVING THE HEALTH 11

OF OUR COMMUNITIES AND RESIDENTS. THE COUNCIL'S ROLE IS TO MAKE 12

RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND TO APPROPRIATE 13

REGULATORY AGENCIES, NOT TO CREATE POLICY. THE COUNCIL SHALL 14

USE A METHOD OF DIALOG AND CONSENSUS DECISION-MAKING TO ARRIVE 15

AT ITS RECOMMENDATIONS. 16

(2) THE COUNCIL CONSISTS OF SEVENTEEN MEMBERS AS FOLLOWS: 17

(a) THE EXECUTIVE DIRECTOR OF OR HIS OR HER DESIGNEE FROM 18

EACH OF THE FOLLOWING STATE DEPARTMENTS: 19

(I) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT; 20

(II) THE DEPARTMENT OF AGRICULTURE; 21

(III) THE DEPARTMENT OF HUMAN SERVICES; 22

(IV) THE DEPARTMENT OF EDUCATION; 23

(V) THE DEPARTMENT OF LOCAL AFFAIRS; 24

(b) TWELVE MEMBERS WHO REPRESENT AND HAVE EXPERTISE IN 25

ONE OF SIX FUNCTIONAL AREAS OF FOOD SYSTEMS AS FOLLOWS: 26

(I) TWO MEMBERS WHO REPRESENT NUTRITION AND HEALTH; 27

(II) TWO MEMBERS WHO REPRESENT AGRICULTURAL PRODUCTION; (III) TWO MEMBERS WHO REPRESENT FOOD WHOLESALERS OR 2

FOOD RETAILERS; 3

(IV) TWO MEMBERS WHO REPRESENT ANTI-HUNGER AND FOOD 4

ASSISTANCE PROGRAMS; 5

(V) TWO MEMBERS WHO REPRESENT ECONOMIC DEVELOPMENT; 6

(VI) TWO MEMBERS WHO REPRESENT LOCAL GOVERNMENT; 7

(c) THE MEMBERS DESCRIBED IN PARAGRAPH (b) OF THIS 8

SUBSECTION (2) SHALL BE APPOINTED AS FOLLOWS: 9

(I) THE GOVERNOR SHALL APPOINT ONE MEMBER WHO REPRESENTS 10

AGRICULTURAL PRODUCTION, ONE MEMBER WHO REPRESENTS A FOOD 11

WHOLESALER, ONE MEMBER WHO REPRESENTS ECONOMIC DEVELOPMENT, 12

AND ONE MEMBER WHO REPRESENTS LOCAL GOVERNMENT; 13

(II) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL 14

APPOINT ONE MEMBER WHO REPRESENTS ANTI-HUNGER AND FOOD 15

ASSISTANCE PROGRAMS AND ONE MEMBER WHO REPRESENTS NUTRITION 16

AND HEALTH; 17

(III) THE PRESIDENT OF THE SENATE SHALL APPOINT ONE MEMBER 18

WHO REPRESENTS ANTI-HUNGER AND FOOD ASSISTANCE PROGRAMS AND 19

ONE MEMBER WHO REPRESENTS NUTRITION AND HEALTH; 20

(IV) THE MINORITY LEADER OF THE HOUSE SHALL APPOINT ONE 21

MEMBER WHO REPRESENTS A FOOD RETAILER AND ONE MEMBER WHO 22

REPRESENTS LOCAL GOVERNMENT; 23

(V) THE MINORITY LEADER OF THE SENATE SHALL APPOINT ONE 24

MEMBER WHO REPRESENTS AGRICULTURAL PRODUCTION AND ONE 25

MEMBER WHO REPRESENTS ECONOMIC DEVELOPMENT. 26

(3) IN MAKING APPOINTMENTS TO THE COUNCIL, THE APPOINTING 27

AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE COUNCIL REFLECTS THE ETHNIC, CULTURAL, AND GENDER DIVERSITY OF THE STATE 2

AND INCLUDES GEOGRAPHIC REPRESENTATION OF ALL AREAS OF THE 3

STATE. THE APPOINTING AUTHORITIES SHALL ALSO CONSIDER MAKING 4

APPOINTMENTS OF PERSONS WHO HAVE EXPERTISE IN MORE THAN ONE 5

FUNCTIONAL AREA. 6

(4) EACH MEMBER OF THE COUNCIL WHO IS APPOINTED PURSUANT 7

TO SUBSECTION (2) OF THIS SECTION SHALL SERVE AT THE PLEASURE OF 8

THE APPOINTING AUTHORITY WHO APPOINTED THE MEMBER. EACH 9

MEMBER OF THE COUNCIL SHALL SERVE A THREE-YEAR TERM; EXCEPT 10

THAT THE MEMBERS INITIALLY APPOINTED PURSUANT TO SUBPARAGRAPHS 11

(I) AND (III) OF PARAGRAPH (c) OF SUBSECTION (2) OF THIS SECTION SHALL 12

SERVE TWO-YEAR TERMS. 13

(5) THE APPOINTING AUTHORITIES SHALL MAKE THEIR INITIAL 14

APPOINTMENTS TO THE COUNCIL NO LATER THAN OCTOBER 1, 2010. 15

(6) ANY VACANCY ON THE COUNCIL RESULTING FROM THE 16

RESIGNATION OF A MEMBER OR OTHERWISE SHALL BE FILLED IN THE SAME 17

MANNER IN WHICH THE ORIGINAL APPOINTMENT WAS MADE, AND THE 18

TERM SHALL BE FOR THE BALANCE OF THE UNEXPIRED TERM OF THE 19

MEMBER WHOSE TERM IS VACANT. 20

(7) A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL ELECT 21

A CHAIR AND A VICE-CHAIR WHO SHALL SERVE FOR TWO-YEAR TERMS. 22

(8) EACH MEMBER OF THE COUNCIL SHALL SERVE WITHOUT 23

COMPENSATION, BUT MAY BE REIMBURSED FROM THE FOOD SYSTEMS 24

ADVISORY COUNCIL FUND CREATED IN SECTION 24-37.3-105 FOR ACTUAL 25

AND NECESSARY SUBSISTENCE AND TRAVEL EXPENSES INCURRED IN THE 26

27

(9) THE CHAIR SHALL CALL THE MEETINGS AND NOTIFY THE MEMBERS OF EACH MEETING BEING CALLED AT LEAST SEVEN DAYS BEFORE 2

THE DATE ON WHICH THE MEETING IS TO OCCUR. MEETINGS SHALL BE 3

HELD AS OFTEN AS THE CHAIR DEEMS NECESSARY, BUT NOT LESS THAN 4

FOUR TIMES EACH CALENDAR YEAR. THE CHAIR SHALL ARRANGE FOR THE 5

LOCATION AND STAFFING OF THE MEETINGS, THE COST OF WHICH SHALL BE 6

PAID OUT OF THE FOOD SYSTEMS ADVISORY COUNCIL FUND CREATED IN 7

SECTION 24-37.3-105. A QUORUM FOR THE TRANSACTION OF BUSINESS 8

CONSISTS OF TEN MEMBERS OF THE COUNCIL. 9

24-37.3-103. Council - purpose and duties. (1) THE PURPOSE 10

OF THE COUNCIL IS TO: 11

(a) IDENTIFY AND USE EXISTING STUDIES OF THE FOOD SYSTEM AND 12

EXAMPLES OF BEST PRACTICES, WHENEVER POSSIBLE; 13

(b) WORK WITH OTHER TASK FORCES, COMMITTEES, OR 14

ORGANIZATIONS THAT ARE PURSUING SIMILAR INITIATIVES OR STUDIES TO 15

THE PURPOSES AND DUTIES OUTLINED IN THIS ARTICLE FOR THE COUNCIL 16

AND TO DEVELOP RELATIONSHIPS WITH OTHER TASK FORCES, COMMITTEES, 17

OR ORGANIZATIONS TO COLLABORATE ON SIMILAR EFFORTS; 18

(c) DEVELOP LOCAL FOOD POLICIES FOR COLORADO THAT 19

CONTRIBUTE TO BUILDING ROBUST, RESILIENT, AND LONG-TERM LOCAL 20

FOOD ECONOMIES; 21

(d) DEVELOP POLICY RECOMMENDATIONS REGARDING HUNGER 22

AND FOOD ACCESS; 23

(e) SUPPORT THE EFFORTS OF, BE A RESOURCE TO, AND RECEIVE 24

INPUT FROM LOCAL AND REGIONAL FOOD POLICY COUNCILS IN THE STATE; 25

(f) RECOMMEND ACTIONS THAT STATE AND LOCAL GOVERNMENTS, 26

BUSINESSES, AGRICULTURISTS, AND CONSUMERS CAN TAKE TO BUILD 27

ROBUST, RESILIENT, AND LONG-TERM LOCAL FOOD ECONOMIES. (2) IN DEVELOPING ROBUST, RESILIENT, AND LONG-TERM LOCAL 2

FOOD POLICIES FOR COLORADO, THE COUNCIL SHALL CONSIDER, BUT NOT 3

BE LIMITED TO, THE FOLLOWING POLICY ISSUES: 4

(a) (I) AN EXAMINATION OF FOODS MADE AVAILABLE TO CHILDREN 5

IN PUBLIC SCHOOLS AND CONSIDERATION OF WAYS TO IMPROVE THE 6

NUTRITIONAL QUALITY OF THOSE FOODS AND INCREASE THE CHILDREN'S 7

ACCESS TO LOCALLY GROWN FOODS. 8

(II) IN DESIGNING RECOMMENDATIONS ON IMPROVING SCHOOL 9

NUTRITION AND INCREASED ACCESS TO LOCALLY GROWN FOODS, THE 10

COUNCIL SHALL INCORPORATE INPUT FROM AND COORDINATE WITH THE 11

WORK OF THE COLORADO CAMPAIGN TO END CHILDHOOD HUNGER BY 2015 12

INITIATED BY EXECUTIVE ORDER OF THE GOVERNOR. 13

(b) A STUDY OF EFFORTS TO MAKE LOCAL HEALTHY, SAFE FOODS 14

AVAILABLE UNDER PUBLIC ASSISTANCE PROGRAMS, INCLUDING THE 15

POSSIBILITY OF USING FOOD STAMPS AT LOCAL FARMERS' MARKETS; 16

(c) AN IN-DEPTH EXAMINATION OF LOCAL AND REGIONAL EFFORTS 17

TO STRENGTHEN AND DEVELOP ROBUST, RESILIENT, AND LONG-TERM 18

LOCAL FOOD ECONOMIES BY SUPPORTING AND PROMOTING URBAN, 19

SUBURBAN, AND RURAL AGRICULTURAL PRODUCTION, IDENTIFYING AND 20

DEVELOPING SOLUTIONS TO REGULATORY AND POLICY BARRIERS, AND 21

STRENGTHENING LOCAL INFRASTRUCTURE AND ENTREPRENEURIAL 22

EFFORTS; 23

(d) THE POTENTIAL IMPACTS THAT THE PRODUCTION OF LOCAL 24

HEALTHY, SAFE FOODS WOULD HAVE ON ECONOMIC DEVELOPMENT IN 25

COLORADO, BOTH THE DIRECT IMPACTS FOR THE PRODUCERS OF LOCAL 26

FOOD AND THE ACTUAL AND POTENTIAL INDIRECT IMPACTS, SUCH AS 27

ENCOURAGING RESTAURANTS TO FEATURE LOCALLY RAISED AGRICULTURAL PRODUCTS AND PROMOTING FOOD AND WINE TOURISM; 2

(e) ANY OTHER POLICY ISSUES THE COUNCIL CONSIDERS 3

PERTINENT. 4

24-37.3-104. Subcommittees of the council. (1) (a) THE 5

COUNCIL MAY CREATE SUBCOMMITTEES, AS DEEMED NECESSARY, TO 6

CARRY OUT THE WORK OF THE COUNCIL, INCLUDING SUBCOMMITTEES 7

FOCUSING ON: 8

(I) LOCAL AND REGIONAL FOOD COUNCILS; 9

(II) LOCAL GOVERNMENT; 10

(III) SCHOOL DISTRICTS. 11

(b) THE COUNCIL MAY CREATE OTHER SUBCOMMITTEES AS 12

DEEMED NECESSARY. 13

(c) THE SUBCOMMITTEES SHALL INCLUDE REPRESENTATIVES OF 14

THE COUNCIL AND MAY INCLUDE PERSONS APPOINTED BY THE CHAIR AND 15

THE VICE-CHAIR OF THE COUNCIL WHO ARE NOT MEMBERS OF THE 16

COUNCIL. 17

(2) THE COUNCIL MAY ENGAGE IN ANY OTHER ACTIVITY THE 18

COUNCIL DETERMINES IS NECESSARY TO ACCOMPLISH THE PURPOSES 19

OUTLINED IN THIS ARTICLE. 20

24-37.3-105. Fund - acceptance of gifts, grants, or donations. 21

(1) THE COUNCIL IS AUTHORIZED TO SEEK AND ACCEPT GIFTS, GRANTS, OR 22

DONATIONS, INCLUDING IN-KIND DONATIONS, FROM PRIVATE OR PUBLIC 23

SOURCES FOR THE PURPOSES OF THIS ARTICLE; EXCEPT THAT THE COUNCIL 24

MAY NOT ACCEPT A GIFT, GRANT, OR DONATION THAT IS SUBJECT TO 25

CONDITIONS THAT ARE INCONSISTENT WITH THIS ARTICLE OR ANY OTHER 26

LAW OF THE STATE. THE COUNCIL IS ALSO AUTHORIZED TO ACCEPT AND 27

EXPEND FEDERAL FUNDS AVAILABLE FOR FOOD POLICY COUNCILS. THE COUNCIL SHALL TRANSMIT ALL PRIVATE AND PUBLIC MONEYS RECEIVED 2

THROUGH GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER, WHO 3

SHALL CREDIT THE SAME TO THE FOOD SYSTEMS ADVISORY COUNCIL FUND, 4

WHICH FUND IS HEREBY CREATED AND REFERRED TO IN THIS SECTION AS 5

THE "FUND". THE MONEYS IN THE FUND SHALL BE SUBJECT TO ANNUAL 6

APPROPRIATION BY THE GENERAL ASSEMBLY TO THE COUNCIL FOR THE 7

DIRECT AND INDIRECT COSTS ASSOCIATED WITH IMPLEMENTING THIS 8

ARTICLE. ANY MONEYS IN THE FUND NOT EXPENDED FOR THE PURPOSE OF 9

THIS ARTICLE MAY BE INVESTED BY THE STATE TREASURER AS PROVIDED 10

BY LAW. ALL INTEREST AND INCOME DERIVED FROM THE INVESTMENT 11

AND DEPOSIT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. 12

ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND 13

AT THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT 14

BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND. 15

IF, AT THE TIME THIS ARTICLE IS REPEALED PURSUANT TO SECTION 16

24-37.3-107, THE FUND CONTAINS A BALANCE OF UNENCUMBERED AND 17

UNEXPENDED MONEYS, THOSE MONEYS SHALL REVERT TO THE GENERAL 18

FUND. 19

(2) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT NO 20

GENERAL FUNDS BE APPROPRIATED FOR THE COUNCIL. 21

(3) MONEYS IN THE FUND MAY BE USED FOR THE FOLLOWING 22

PURPOSES: 23

(a) THE ACTUAL AND NECESSARY EXPENSES INCURRED BY 24

MEMBERS OF THE COUNCIL FOR SERVING ON THE COUNCIL; AND 25

(b) THE COSTS OF STAFFING THE COUNCIL. 26

24-37.3-106. Reports - recommendations. COMMENCING 27

OCTOBER 1, 2011, AND ON OR BEFORE OCTOBER 1 OF EACH YEAR THEREAFTER, THE COUNCIL SHALL REPORT ITS FINDINGS AND 2

RECOMMENDATIONS, INCLUDING ANY LEGISLATIVE PROPOSALS OR 3

PROPOSALS FOR ADMINISTRATIVE ACTION, TO THE GENERAL ASSEMBLY, 4

THE GOVERNOR, AND THE COMMISSIONER OF AGRICULTURE. 5

24-37.3-107. Repeal of article. THIS ARTICLE IS REPEALED, 6

EFFECTIVE JULY 1, 2013. PRIOR TO SUCH REPEAL, THE FOOD SYSTEMS 7

ADVISORY COUNCIL SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 8

2-3-1203, C.R.S. 9

SECTION 2. 2-3-1203 (3) (z), Colorado Revised Statutes, is 10

amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 11

2-3-1203. Sunset review of advisory committees. (3) The 12

following dates are the dates for which the statutory authorization for the 13

designated advisory committees is scheduled for repeal: 14

(z) July 1, 2013: 15

(VI) THE COLORADO FOOD SYSTEMS ADVISORY COUNCIL CREATED 16

IN SECTION 24-37.3-102, C.R.S. 17

SECTION 3. Act subject to petition - effective date. This act 18

shall take effect at 12:01 a.m. on the day following the expiration of the 19

ninety-day period after final adjournment of the general assembly (August 20

11, 2010, if adjournment sine die is on May 12, 2010); except that, if a 21

referendum petition is filed pursuant to section 1 (3) of article V of the 22

state constitution against this act or an item, section, or part of this act 23

within such period, then the act, item, section, or part shall not take effect 24

unless approved by the people at the general election to be held in 25

November 2010 and shall take effect on the date of the official 26

declaration of the vote thereon by the governor. 27