Page 1 July 22, 2022 SB 22-215 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 22-0951 Sen. Hansen; Zenzinger Rep. Herod; McCluskie Date: Bill Status: Fiscal Analyst: July 22, 2022 Signed into Law Christina Van Winkle | 303-866-6289 Christina.VanWinkle@state.co.us Bill Topic: INFRASTRUCTURE INVESTMENT & JOBS ACT CASH FUND Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☒ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill creates the Infrastructure Investment and Jobs Act Cash Fund to be used for by state and local governments for non-federal matching funds required to receive federal infrastructure funds under the Infrastructure Investment Jobs Act. It increases state expenditures beginning in FY 2022-23, and may increase local government revenue and expenditures. Appropriation Summary: The bill requires and includes a $60 million appropriation to any principal department and the Office of the Governor. Fiscal Note Status: The fiscal note reflects the enacted bill. Table 1 State Fiscal Impacts Under SB 22-215 Current Year FY 2021-22 Budget Year FY 2022-23 Out Year FY 2023-24 Revenue - - - Expenditures 1 Cash Funds - $60.0 million - Total Expenditure - $60.0 million - Transfers General Fund ($80.25 million) - - Cash Funds $80.25 million - - Net Transfer $0 - - Other Budget Impacts - - - 1 The bill provides roll-forward spending authority through FY 2026-27. Page 2 July 22, 2022 SB 22-215 Summary of Legislation The bill creates the Infrastructure Investment and Jobs Act Cash Fund (fund) to provide non-federal matching funds for infrastructure projects allowed under the federal Infrastructure Investment and Jobs Act (federal act). The fund is annually appropriated to any principal department and the Governor’s Office. Subject to approval by the Governor, a department may expend money in the fund as matching funds for the following infrastructure categories as set forth in the federal act: transportation infrastructure projects; water, environmental, and resiliency projects; power, grid, and broadband projects; and any other infrastructure projects explicitly funded and set forth in the federal act. The Governor’s Office will develop a process for departments to apply for funds and for reviewing and approving applications. It will submit a report by October 1, 2022 and each year thereafter to the Joint Budget Committee and relevant legislative committees detailing expenditures from the fund. The bill creates a statutory transfer in FY 2021-22 of $80.25 million from the General Fund to the fund. On June 30, 2028, all unexpended money in the fund will be transferred to the General Fund. Background The Infrastructure Investment Jobs Act (IIJA) includes around 200 programs that impact Colorado. Through formula funding, Colorado is expected to receive approximately $3.5 billion from the federal government. Colorado may be eligible for additional funding through competitive grants by providing non-federal matching funds. The IIJA legislation specifies that non-federal matching funds will be required for at least 40 percent of these programs, but exact matching amounts are not specified. The Office of State Planning and Budgeting estimates the maximum match amount that may be required across all programs where non-federal matches are required to be around $971 million. The IIJA funds may be allocated and granted over the next five years, and more information will be available on non-federal matching requirements in the coming months. State Transfers In FY 2021-22, the bill transfers $80.25 million from the General Fund to the Infrastructure Investment and Jobs Act Cash Fund. Page 3 July 22, 2022 SB 22-215 State Expenditures The bill will affect state agency workload and spending in several ways, as described below. Administration. Beginning in FY 2022-23, workload will increase in the Governor’s Office to administer the cash fund and provide project planning and grant writing support to state agencies. This fiscal note assumes that the office will require 2.5 FTE and $475,904 in FY 2022-23, including an infrastructure coordinator, a budget and policy analyst, and a controller to establish an application process, review and approve grant applications, award and monitor grants, and prepare annual reports. Costs beyond FY 2022-23 will depend on the number of applicants and level of grant writing and project planning support required by the departments. Infrastructure funding. Spending from the Infrastructure Investment and Jobs Act Cash Fund will increase by up to $60 million from FY 2022-23 through FY 2026-27 to pay for the non-federal portion of project funding. By providing the state share of project funding, additional federal matching funds will also be available for projects, which will increase expenditure of federal funds on eligible projects conducted by the state. The timing of spending from the fund will depend on when projects are approved, and the amount of federal funds available will depend of the matching rate for specific projects. If the remaining $20.25 million in the cash fund is appropriated in future fiscal years, spending will increase by the appropriated amount. Local Government Revenue and expenditures in local governments will increase to the extent matching funding is provided from the fund for an infrastructure project that will be conducted by a local government. State Appropriation For FY 2021-22, the bill requires and includes an appropriation of $60 million from the Infrastructure Investment and Jobs Act Cash Fund to a principal department of the state and to the Office of the Governor. Any money appropriated and not expended is further appropriated through FY 2026-27. Effective Date This bill was signed into law by the Governor and took effect on June 7, 2022. State and Local Government Contacts Office of State Planning and Budgeting 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.