Colorado 2022 2022 Regular Session

Colorado House Bill HB1304 Introduced / Fiscal Note

Filed 03/28/2022

                    Page 1 
March 28, 2022  HB 22-1304  
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 22-0811  
Rep. Roberts; Bradfield 
Sen. Coleman; Gonzales  
Date: 
Bill Status: 
Fiscal Analyst: 
March 28, 2022 
House Trans. & Local Govt.  
Matt Bishop | 303-866-4796 
Matt.Bishop@state.co.us  
Bill Topic: STATE GRANTS INVESTMENTS LOCAL AFFORDABLE HOUS ING  
Summary of  
Fiscal Impact: 
☒ State Revenue 
☒ State Expenditure 
☒ State Transfer 
☐ TABOR Refund 
☒ Local Government 
☐ Statutory Public Entity 
 
The bill creates two grant programs to support affordable housing.  It may increase 
state revenue, increases state expenditures, and increases local revenue and 
expenditures beginning in FY 2022-23. 
Appropriation 
Summary: 
The fiscal note may require an appropriation to DOLA of $8.9 million for FY 2022-23.  
It also requires reappropriations to other agencies totaling $431,985. 
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. 
 
Table 1 
State Fiscal Impacts Under HB 22-1304 
 
 
Budget Year 
FY 2022-23 
Out Year 
FY 2023-24 
Revenue  	-     -     
Expenditures 	Cash Fund $45.5 million    $44.7 million     
 	Centrally Appropriated $0.6 million $0.6 million 
 	Total Expenditures $46.1 million $45.4 million 
 	Total FTE 20.4 FTE 19.9 FTE 
Transfers Affordable Housing & Home Ownership CF ($150.0 million) 	-     
 	Local Invest. in Affordable Housing Fund $150.0 million 	-     
 	General Fund ($28.0 million) 	-     
 	Infrastructure & Strong Communities Prog. Fund $28.0 million 	-     
 	Net Transfer $0 	-     
Other Budget Impacts 	-     -     
* Totals may not sum due to rounding.   Page 2 
March 28, 2022  HB 22-1304  
 
Summary of Legislation 
The bill creates two housing-related grant programs in the Department of Local Affairs (DOLA). 
 
Local Investments in Transformational Affordable Housing Grant Program. This program provides 
grants to certain governmental entities or nonprofit organizations for affordable housing initiatives, 
including developing housing infrastructure, providing gap financing, maintaining existing 
affordable housing stock, and land banking.  DOLA must establish policies and procedures for the 
program by September 1, 2022.  The bill specifies preferences for grant recipients and requires DOLA 
to annually report on the program.   
 
The bill transfers $150.0 million of federal coronavirus recovery money from the Affordable Housing 
and Home Ownership Cash Fund to the newly created Local Investments in Transformational 
Affordable Housing Fund, continuously appropriates money in the fund to DOLA until July 1, 2024, 
and authorizes the department to use up to five percent of the money for administrative purposes.  
Any remaining money in the fund reverts to the General Fund on December 31, 2024. 
 
Infrastructure and Strong Communities Grant Program. The bill requires that the Division of 
Housing in DOLA, the Colorado Energy Office, and the Department of Transportation (CDOT) 
develop a list of sustainable land use best practices, and creates a grant program to provide grants to 
local governments for investments in infill infrastructure projects that support affordable housing.  
DOLA must report on the program to the legislature by October 1 of each year, beginning in 2023.   
 
The bill transfers $28.0 million from the General Fund to the newly created Infrastructure and Strong 
Communities Grant Program Fund, continuously appropriates the money in the fund to DOLA (see 
Technical Note below), and authorizes DOLA to use money in the fund for administrative purposes, 
education, or technical assistance.  
 
For both grant programs, DOLA is authorized to seek and spend gifts, grants, and donations. 
State Revenue 
The bill potentially increases state revenue to the Local Investments in Transformational Affordable 
Housing Fund and the Infrastructure and Strong Communities Grant Program Fund from gifts, 
grants, or donations; however, no sources have been identified at this time.  Gifts, grants, and 
donations are exempt from TABOR revenue limits. 
   Page 3 
March 28, 2022  HB 22-1304  
 
State Transfers 
The bill directs the State Treasurer to make two transfers on the bill’s effective date, or as soon as 
practicable thereafter.  The fiscal not assumes these transfers will occur in FY 2022-23. The transfers 
are: 
 
 $150.0 million from the Affordable Housing and Home Ownership Cash Fund to the Local 
Investments in Transformational Affordable Housing Fund; and 
 $28.0 million from the General Fund to the Infrastructure and Strong Communities Grant Program 
Fund. 
State Expenditures 
The bill increases state expenditures in various department, primarily DOLA, by $46.1 million in 
FY 2022-23 and $45.4 million in FY 2023-24 from the Investments in Transformational Affordable 
Housing Fund and the Infrastructure and Strong Communities Grant Program Fund.  Expenditures 
are shown in Table 2 and detailed below. The fiscal note assumes the funds transferred for the 
program will be spent over multiple years. 
 
Table 2 
Expenditures Under HB 22-1304 
 
Cost Components 	FY 2022-23 FY 2023-24 
Department of Local Affairs   
Personal Services 	$1,038,625       $1,275,176 
Operating Expenses 	$51,583       $37,096       
Capital Outlay Costs 	$132,054       	-       
Grants 	$43,000,000 $43,000,000 
Consultants 	$516,666 $241,666 
Software Licenses 	$318,267 $141,204 
Centrally Appropriated Costs
1
 	$516,489       $638,222        
FTE – Personal Services 	15.6 FTE 19.4 FTE 
DOLA Subtotal 	$45,573,684 $45,333,364 
Office of Information Technology   
Personal Services 	$348,476        	-       
Operating Expenses 	$5,805        	-       
Capital Outlay Costs 	$24,800        	-       
Centrally Appropriated Costs
1
 	$74,346        	-       
FTE – Personal Services 	4.3 FTE 	-       
OIT Subtotal 	$453,427 	-        Page 4 
March 28, 2022  HB 22-1304  
 
Table 2 
Expenditures Under HB 22-1304 (Cont.) 
 
Cost Components 	FY 2022-23 FY 2023-24 
Colorado Energy Office   
Personal Services 	$46,029        $46,029        
Operating Expenses 	$675        $675        
Capital Outlay Costs 	$6,200        	-       
Centrally Appropriated Costs
1
 	$9,140        $9,140        
FTE – Personal Services 	0.5 FTE 0.5 FTE 
CEO Subtotal 	$62,044 $55,844 
Total $46,089,155 $45,389,208 
Total FTE 20.4 FTE 19.9 FTE 
1
 Centrally appropriated costs are not included in the bill's appropriation. 
 
Department of Local Affairs. Costs will increase in the Division of Housing and the Division of Local 
Government to establish the new grant programs, including setting program policies, reviewing 
applications, monitoring grants, and reporting on the programs.   
 
 Administrative costs. Administrative costs are estimated at $1.9 million and 17.1 FTE for the Local 
Investments in Transformational Affordable Housing Grant Program and $0.7 million and 2.5 FTE 
for the Infrastructure and Strong Communities Grant Program.  Personal services costs have been 
prorated for various start dates as the programs are implemented.  Operating and capital outlay 
costs include standard costs for the new staff, vehicle mileage, and specialized software licenses 
for grants management.  DOLA requires consultants to provide technical assistance with federal 
requirements.  Administrative expenses are assumed to continue into future years.  
 
 Grants. The fiscal note assumes that the grants will be spent over multiple years.  Table 2 assumes 
$43.0 million per year will be distributed as grants, of which $35 million will be distributed to the 
affordable housing grant program and $8.0 million will be distributed for the infrastructure grant 
program.  This is for illustrative purposes only; the amount of money awarded in each fiscal year 
will depend on the size and number of grants awarded, as determined by DOLA.  
 
Office of Information Technology.  The office requires 4.3 FTE to modify existing systems to support 
the grant programs.  Costs have been estimated assuming that the same system enhancements will 
also support the programs created by Senate Bill 22-159 and Senate Bill 22-160, resulting in some cost 
savings.  The costs shown in Table 2 reflect one-third of the required costs for all three bills; should 
either of those bills not pass, IT development costs for this bill may increase.  Standard operating and 
capital outlay costs are included. Costs are paid from the cash funds via a reappropriation from 
DOLA. 
 
   Page 5 
March 28, 2022  HB 22-1304  
 
Colorado Energy Office.  The office requires 0.5 FTE to participate in the multi-agency group, conduct 
educational programming, and provide technical assistance to local governments.  Standard operating 
and capital outlay costs are included. Costs are paid from the Infrastructure and Strong Communities 
Grant Program Fund via a reappropriation from DOLA. 
 
Department of Transportation. Workload will increase to participate in the multi-agency group, to 
conduct educational programming, and to provide technical assistance to local governments.  This 
work can be accomplished within existing appropriations.  If additional resources are required, the 
department will seek them through the annual budget process.  
 
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs associated 
with this bill are addressed through the annual budget process and centrally appropriated in the Long 
Bill or supplemental appropriations bills, rather than in this bill.  These costs, which include employee 
insurance and supplemental employee retirement payments, are shown in Table 2. 
Local Government  
Revenue and expenditures may increase in local governments to the extent that they adopt land use 
best practices, apply for grants, receive grant awards, and leverage existing resources as part of a grant 
project. 
Technical Note 
The introduced bill specifies that the Infrastructure and Strong Communities Grant Program Fund is 
both subject to annual appropriation to DOLA and that it is continuously appropriated to DOLA.  The 
fiscal note assumes that the funds are intended to be used via a continuous appropriation, but shows 
the annual appropriations required in the State Appropriations section below if the General Assembly 
intends to appropriate money annually.  The fiscal note will be adjusted if this technical issue is 
resolved by an amendment. 
Effective Date 
The bill takes effect upon signature of the Governor, or upon becoming law without his signature. 
State Appropriations 
If the General Assembly decides to annually appropriate money to the Infrastructure and Strong 
Communities Grant Program, for FY 2022-23, the bill requires an appropriation of $8,570,254 from the 
Infrastructure and Strong Communities Grant Program Fund to the Department of Local Affairs, and 
2.5 FTE. If continuously appropriated, no appropriation to DOLA is required 
 
   Page 6 
March 28, 2022  HB 22-1304  
 
For FY 2022-23, the bill requires the following reappropriations from the Department of Local Affairs: 
 
 $319,450 from the Investments in Transformational Affordable Housing Fund to the Office of 
Information Technology, and 4.3 FTE; 
 $59,631 from the Infrastructure and Strong Communities Grant Program Fund to the Office of 
Information Technology; and 
 $52,904 from the Infrastructure and Strong Communities Grant Program Fund to the Colorado 
Energy Office, and 0.5 FTE. 
 
Money transferred to the Investments in Transformational Affordable Housing Fund is continuously 
appropriated to DOLA, so no further appropriation is required. 
State and Local Government Contacts 
Colorado Energy Office Counties Information Technology 
Legislative Council Staff Local Affairs  Municipalities  
Personnel  Revenue Transportation Treasury 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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.