Page 1 February 27, 2023 HB 23-1057 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated January 25, 2023) Drafting Number: Prime Sponsors: LLS 23-0047 Rep. McCormick; Vigil Sen. Jaquez Lewis Date: Bill Status: Fiscal Analyst: February 27, 2023 House Appropriations Matt Bishop | 303-866-4796 matt.bishop@coleg.gov Bill Topic: AMENITIES FOR ALL GENDERS IN PUBLIC BUILDINGS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ Local Government ☐ Statutory Public Entity The bill creates requirements for public buildings regarding non-gendered bathrooms, baby diaper changing stations, and signage. The bill increases state and local expenditures beginning in FY 2023-24. Appropriation Summary: For FY 2023-24, the bill requires appropriations of $2.3 million to multiple state agencies. See the State Appropriations section for detail. Fiscal Note Status: The revised fiscal note reflects the introduced bill, as amended by the House State, Civic, Military, and Veterans Affairs Committee. Table 1 State Fiscal Impacts Under HB 23-1057 Budget Year FY 2023-24 Out Year FY 2024-25 Revenue - - Expenditures General Fund $1.2 million - Cash Funds $1.1 million - Total Expenditures $2.3 million - Transfers - - Other Budget Impacts General Fund Reserve $182,088 - Page 2 February 27, 2023 HB 23-1057 Summary of Legislation Beginning January 1, 2024, the bill requires that any new construction or restroom renovation of a qualifying public building owned, operated, or controlled by the state, a county, or a municipality must include certain amenities regarding restrooms. It applies to publically accessible buildings by January 1, 2024, and buildings accessible by employees or enrolled students by July 1, 2025. Non-gendered restrooms. Each floor where a restroom is publically available must contain a single-stall restroom or a non-gendered multi-stall restroom, and each single-stall restroom must not be a gender-specific restroom. Multi-stall restrooms must be usable by people of any gender provided that certain code requirements are met. Baby diaper changing stations. On each floor that contains a public restroom, each such building must provide at least one baby diaper changing station that is accessible to the public. Each baby diaper changing station must be maintained for safety and ease of use, and must be cleaned on the same schedule as the restroom(s) on that floor. Signage. Each restroom with a baby diaper changing station and each non-gendered restroom must be labelled with non-gendered pictogram signage. In addition, each building must include signage near its entrance indicating the location of any baby diaper changing station, and any central directory that indicates the location of offices, restrooms, and other building facilities must include non-gendered pictograms of the location of any baby diaper changing stations, and any non-gendered restrooms. Other requirements. The bill allows an exemption if meeting these requirements would cause a failure to comply with building standards governing accessibility, if a project was approved before the bill’s effective date, or if the building is a certified historic structure. Failure to comply with the bill’s requirements constitutes a discriminatory or unfair practice, and an employee working in the public building may file a complaint with the Colorado Civil Rights Division. State Expenditures The bill increases state expenditures in various state agencies by $2.3 million in FY 2023-24 to update and add restroom signs, paid from the General Fund and cash funds. Expenditures are shown in Table 2 on the following page and detailed below. Signage requirements. The bill requires adding or replacing up to 7,400 signs in public and employee spaces in state-owned buildings. Total cost for hardware, labor, contractor fees, and bonding are estimated, on average, at $380 for a restroom sign and $220 for a lobby sign. Future capital construction projects. The bill’s requirements will be incorporated into future capital construction and renovation requests by state agencies and state institutions of higher education seeking funding beginning in FY 2024-25. This will increase state expenditures, though the amount will vary from project to project depending on the project’s scope and whether any of these requirements have already been included. For informational purposes, the Office of the State Architect estimates the costs shown in Table 3 on the following page, based on active construction projects. Page 3 February 27, 2023 HB 23-1057 Table 2 Expenditures Under HB 23-1057 Restroom Signs Lobby Signs FY 2023-24 Cost Agency Department of Higher Education 1,696 1,510 $976,680 Department of Natural Resources 1,764 694 $823,000 Department of Transportation 304 584 $244,000 Department of Public Safety 132 48 $60,720 Department of Human Services 0 170 $37,400 Judicial Department 56 2 $21,720 Department of Public Health and Environment 32 32 $19,200 Department of Agriculture 15 61 $19,120 Department of Military and Veterans Affairs 0 83 $18,260 Department of Education 38 17 $18,180 History Colorado 22 38 $16,720 Department of Personnel and Administration 23 19 $12,920 Department of Local Affairs 4 17 $5,260 Office of Information Technology 8 6 $4,360 Department of Labor and Employment 6 2 $2,720 Department of Revenue 0 3 $660 Totals 4,100 3,286 $2,280,920 Table 3 Average Restroom Construction Costs in FY 2023-24 Component Cost Multi-Stall Restroom $203,000 Single-Stall Restroom $153,700 Changing Station $310 Page 4 February 27, 2023 HB 23-1057 Local Government Similar to the state, expenditures will increase for local governments to update signage and incorporate the bill’s requirements into new construction and renovation projects beginning in FY 2023-24. Effective Date The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming no referendum petition is filed. State Appropriations For FY 2023-24, the bill requires the following appropriations from the General Fund: $976,680 to the Department of Higher Education; $60,720 to the Department of Public Safety; $37,400 to the Department of Human Services; $21,720 to the Judicial Department; $19,200 to the Department of Public Health and Environment; $19,120 to the Department of Agriculture; $18,260 to the Department of Military and Veterans Affairs; $16,720 to History Colorado; $12,920 to the Department of Personnel and Administration; $5,260 to the Department of Local Affairs; $4,360 to the Office of Information Technology; and $660 to the Department of Revenue. For FY 2023-24, the bill requires the following appropriations from cash funds: $823,000 to the Department of Natural Resources; and $244,000 to the Department of Transportation. State and Local Government Contacts Counties Information Technology Law Municipalities Personnel Regulatory Agencies Special Districts 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.