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May 25, 2022 HB 22-1134
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0111
Rep. Titone
Sen. Priola
Date:
Bill Status:
Fiscal
Analyst:
May 25, 2022
Postponed Indefinitely
Christina Van Winkle | 303-866-6289
Christina.VanWinkle@state.co.us
Bill Topic: MEASURES TO REDUCE USE SINGLE -USE MEAL ACCESSORIES
Summary of
Fiscal Impact:
☐ State Revenue
☐ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill would have prohibited, with certain exemptions, retail food establishments
and third-party food delivery service providers from providing single-use
food serviceware and condiments unless requested by a customer beginning
January 1, 2023. The bill may have increased local government revenue and
expenditures beginning in FY 2022-23.
Appropriation
Summary:
No appropriation would have been required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill. This bill was not enacted into law; therefore,
the impacts identified in this analysis do not take effect.
Summary of Legislation
Commencing January 1, 2023, retail food establishments and third-party food delivery service
providers may only provide single-use food serviceware and single-use condiments upon request
from a customer. Certain exemptions apply. Third-party food delivery service platforms must
provide customers the ability to select which serviceware and condiments the customer wants
included with their food order. Local governments that enacted more stringent regulations on or
before January 1, 2022 may continue to implement and enforce those regulations.
Local Government
Beginning in FY 2022-23, expenditures may increase for local governments to update ordinances and
to enforce and investigate compliance with the bill. Under current law, local governments are
authorized to enforce the Plastic Pollution Reduction Act created by House Bill 21-1162 in a manner
that they choose, except that they may not enforce violations against retail food establishments located
within a school. Counties are authorized to seek injunctive relief against a store or retail food
establishment and impose a civil penalty of up to $500 for a second violation and up to $1,000 for a
third or subsequent violation. To the extent that penalties are imposed for violations, local Page 2
May 25, 2022 HB 22-1134
government revenue will increase. To the extent that penalty revenue has not been exempted from
TABOR limits by voters in affected local jurisdictions, the amount required to be refunded to
taxpayers will increase.
Effective Date
This bill was postponed indefinitely by the House Business Affairs and Labor Committee on
February 16, 2022.
State and Local Government Contacts
Agriculture Corrections
Counties Information Technology
Municipalities Public Health and Environment
School Districts
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.