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February 28, 2022 HB 22-1232
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 22-0317
Rep. Valdez A.; Titone
Date:
Bill Status:
Fiscal Analyst:
February 28, 2022
House Energy & Environment
Clare Pramuk | 303-866-2677
clare.pramuk@state.co.us
Bill Topic: SUNSET CONTINUE REGULATION OF ASBESTOS
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
Sunset Bill. This bill continues the administration of the Asbestos Control Act by the
Air Quality Control Commission in the Department of Public Health and Environment.
It is currently set to repeal on September 1, 2022. State fiscal impacts under the bill
include only the continuation of the program's current revenue and expenditures. The
program is continued through September 1, 2027.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 22-1232
1
New Impacts
Budget Year
FY 2022-23
Out Year
FY 2023-24
Revenue - -
Expenditures - -
Other Budget Impacts - -
Continuing Impacts
Revenue Cash Funds - $1,903,215
Expenditures Cash Funds - $1,903,215
Continuing FTE - 13.1 FTE
Other Budget Impacts
- -
1
Table 1 shows the new impacts resulting from changes to the program under the bill, and the continuing impacts
from extending the program beyond its current repeal date. Because the bill continues a program without making
any changes, there are no new impacts. The continuing program impacts will end if the bill is not passed and the
program is allowed to repeal. Page 2
February 28, 2022 HB 22-1232
Summary of Legislation
The administration of the Asbestos Control Act by the Department of Public Health and Environment
is set to expire September 1, 2022. This bill continues the program until September 1, 2027, removes
provisions that prohibit rules under the Act from being more restrictive than the laws and regulations
under the federal Occupational Safety and Health Act; and requires local governments to include
specific language regarding asbestos inspections on building permits.
Background
The Indoor Environment Program within the Air Pollution Control Division at the Colorado
Department of Public Health and Environment is responsible for asbestos regulatory compliance in
the state. The program is authorized and obligated to enforce the federal National Emission Standards
for Hazardous Air Pollutants regarding asbestos in public and commercial buildings, the federal
Asbestos Hazard Emergency Response Act regarding asbestos in schools, and the federal Asbestos
School Hazard Abatement Reauthorization Act, which extends certification requirements to public
and commercial buildings. Funding for asbestos control administration includes fees for permits for
asbestos abatement and demolition and the testing and certification of individuals and companies
involved in asbestos abatement activities. The 2021 sunset review can be found here:
https://drive.google.com/file/d/1XZzvJffxP6Aexxx0GwGX4l8gPUWTTFEd/view.
Continuing Program Impacts
Based on the department's FY 2022-23 budget request, the Department of Public Health and
Environment is expected to have revenue and expenditures of $1,903,215 to administer the Asbestos
Program, including the certification of asbestos control professionals. If this bill is enacted, current
revenue and expenditures will continue for the program starting in FY 2023-24. This continuing
revenue is subject to the state TABOR limit. If this bill is not enacted, the program will end on
September 1, 2023, following a wind-down period, and state revenue and expenditures will decrease
starting in FY 2023 24 by the amounts shown in Table 1, above.
Local Government
When updating application forms for building permits, local governments will add the language
specified in the bill, which may increase printing costs.
Effective Date
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no
referendum petition is filed.
State and Local Government Contacts
Counties Information Technology Law
Municipalities Public Health and Environment
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.