Page 1 June 7, 2022 HB 22-1313 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 22-0856 Rep. McCormick; Caraveo Sen. Moreno Date: Bill Status: Fiscal Analyst: June 7, 2022 Signed into Law Clare Pramuk | 303-866-2677 clare.pramuk@state.co.us Bill Topic: AGRICULTURAL HOUSING PUBLIC HEALTH COVID EMERGENCY Summary of Fiscal Impact: ☒ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity This bill clarifies that protections related to housing requirements for agricultural workers apply only during a statewide public health emergency related to COVID-19 or another communicable disease. The bill also includes alternative protections related to housing as identified by the Department of Public Health and Environment. The bill may decrease state revenue beginning in FY 2022-23 and will increase workload in FY 2022-23 only. Appropriation Summary: No appropriation is required. Fiscal Note Status: The fiscal note reflects the enacted bill. Summary of Legislation Under current law, an agricultural employer is required to meet specific housing requirements for agricultural workers during a public health emergency and the Department of Public Health and Environment (CDPHE) is allowed to inspect the employer-provided housing. This bill clarifies that these requirements apply only during a statewide public health emergency related to COVID-19 or another communicable disease that is transmissible from person to person. The bill also includes alternative protections related to housing as identified by the CDPHE and allows the Department of Labor and Employment (CDLE) to consult with the CDPHE regarding enforcement of the housing requirements. The authority of the CDPHE to routinely inspect employer-provided housing is repealed. Assumptions Because the bill narrows the scope of a public health emergency to one related to COVID-19 and other communicable diseases, and expands protective housing options for agricultural employers, the fiscal note assumes that judicial review of administrative actions and compliance actions will be reduced. Page 2 June 7, 2022 HB 22-1313 State Revenue To the extent the bill reduces civil and criminal case filings, state revenue from fees to multiple cash funds may decrease beginning in FY 2022-23. This fee revenue is subject to TABOR. State Expenditures Department of Labor and Employment. The CDLE have an increase in workload to update its outreach materials and reference materials for agricultural employers and workers regarding housing during a public health emergency. This workload increase can be accomplished within existing appropriations. Department of Public Health and Environment. The CDPHE will have a decrease in workload from no longer inspecting employer-provided housing. No change in appropriations is required. Judicial Department. To the extent that fewer cases are filed, workload for the trial courts in the Judicial Department will decrease. No change in appropriations is required. Effective Date The bill was signed into law by the Governor and took effect on June 3, 2022. State and Local Government Contacts Agriculture Governor Information Technology Judicial Labor and Employment Law Public Health and Environment Regulatory Agencies 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.