Page 1 April 12, 2022 SB 22-098 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated February 18, 2022) Drafting Number: Prime Sponsors: LLS 22-0640 Sen. Rodriguez Date: Bill Status: Fiscal Analyst: April 12, 2022 Senate Appropriations Annie Scott | 303-866-5851 Annie.Scott@state.co.us Bill Topic: PROGRAM ALLOWING REDISPENSING OF UNUSED DRUGS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity This bill creates a task force in the Department of Public Health and Environment to determine how to implement a safe, efficient, and effective drug repository program. The bill increases state expenditures in FY 2022-23 only. Appropriation Summary: For FY 2022-23, the bill requires an appropriation of $47,423 to the Department of Public Health and Environment. Fiscal Note Status: The revised fiscal note reflects the introduced bill, as amended by the Senate Health and Human Services Committee. Table 1 State Fiscal Impacts Under SB 22-098 Budget Year FY 2022-23 Out Year FY 2023-24 Revenue - - Expenditures General Fund $47,423 - Centrally Appropriated $3,455 - Total Expenditures $50,878 - Total FTE 0.1 FTE - Transfers - - Other Budget Impacts General Fund Reserve $7,113 - Page 2 April 12, 2022 SB 22-098 Summary of Legislation The bill creates the Drug Repository Task Force in the Department of Public Health and Environment (CDPHE) to examine existing drug repository program models, and determine how to implement an efficient and effective drug repository program. The task force consists of up to 15 voting members, as outlined under the bill, including six members appointed by the Executive Director of the CDPHE, six members appointed by the Executive Director of the Department of Regulatory Agencies (DORA), and one member appointed by the Executive Director of the Department of Health Care Policy and Financing (HCPF). Members must be appointed no later than August 1, 2022, and each task force member serves without compensation, or reimbursement for expenses. The task force is required to convene by September 15, 2022, and will meet as necessary to consider issues including: program models; patient access prioritization; medications to be included in the program, and requirements for donating, receiving, packaging, and redispensing medications; fees and costs; legal or regulatory barriers and solutions; and any interaction with existing drug take-back and repository programs. The task force is required to report findings and recommendations to the Governor and the legislature by December 15, 2022. The task force repeals July 1, 2023. State Expenditures The bill increases state expenditures in the CDPHE by $50,787 in FY 2022-23 from the General Fund. Expenditures are shown in Table 2 and detailed below. Table 2 Expenditures Under SB 22-098 FY 2022-23 FY 2023-24 Department of Public Health and Environment Personal Services $5,923 - Task Force Facilitator Contract $9,000 - Clinical Facilities Survey $25,000 - Professional Report Writer $7,500 - Centrally Appropriated Costs 1 $3,455 - Total Cost $50,878 - Total FTE 0.1 FTE - 1 Centrally appropriated costs are not included in the bill's appropriation. Page 3 April 12, 2022 SB 22-098 Department of Public Health and Environment. The CDPHE requires staff and contractual assistance to support the task force in FY 2022-23 only. Staff. In FY 2022-23, the CDPHE requires 0.1 FTE to develop, execute, and monitor the contracts for the facilitator, survey services, and report writer; provide assistance to the task force; ensure recommendations align with the CDPHE’s legal and privacy protections, and oversee the development and submission of the report. Task force facilitator. In FY 2022-23, the CDPHE will hire a professional meeting facilitator to facilitate work of the task force. This fiscal note assumes that the task force will hold at least six virtual meetings to create a scope of work, review survey data, and make recommendations. For each two-hour meeting, it is assumed that the facilitator will require four hours of preparation and four hours to debrief, report out, and follow up as needed, for an estimated cost of $9,000. Clinical facilities survey. In FY 2022-23, the CDPHE will contract with an outside entity to develop and implement a survey for clinical settings and prescribers to gather information about program participation and implementation. These costs are estimated at $25,000. Reporting. In FY 2022-23 only, the CDPHE will hire a professional report writer to prepare the findings and recommendations of the task force. It is assumed that 50 hours of work will be required, estimated at a cost of $7,500. Other Budget Impacts General Fund reserve. Under current law, an amount equal to 15 percent of General Fund appropriations must be set aside in the General Fund statutory reserve beginning in FY 2022-23. Based on this fiscal note, the bill is expected to increase the amount of General Fund held in reserve by $7,113 in FY 2022-23, which will decrease the amount of General Fund available for other purposes. Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. State Appropriations For FY 2022-23, the bill requires an appropriation of $47,423 from the General Fund to the Department of Public Health and Environment, and 0.1 FTE. State and Local Government Contacts Corrections Information Technology Judicial 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.