Page 1 April 26, 2023 HB 23-1057 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Revised Fiscal Note (replaces fiscal note dated February 27, 2023) Drafting Number: Prime Sponsors: LLS 23-0047 Rep. McCormick; Vigil Sen. Jaquez Lewis Date: Bill Status: Fiscal Analyst: April 26, 2023 Senate State Affairs 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 includes an appropriation of $450,000 to the Department of Personnel and Administration. Fiscal Note Status: The revised fiscal note reflects the reengrossed bill. Table 1 State Fiscal Impacts Under HB 23-1057 Budget Year FY 2023-24 Out Year FY 2024-25 Revenue - - Expenditures General Fund $450,000 - Transfers - - Other Budget Impacts General Fund Reserve $67,500 - Page 2 April 26, 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. State agencies must update signage by July 1, 2026, subject to available appropriations. Survey. The Department of Personnel and Administration must complete a survey on the signage needs of buildings owned or leased by the state. It must provide a draft report to the General Assembly by January 1, 2024, and a final report by July 1, 2024. 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 up to $450,000 in FY 2023-24 to update and add restroom signs, paid from the General Fund. Expenditures may also increase for future capital construction projects. Office of the State Architect. The bill allocates funds to the Office of the State Architect in the Department of Personnel and Administration to reimburse state agencies for updating signage. The office may use up to $50,000 of the money to conduct the survey. This funding remains available for a total of three fiscal years. To the extent that funding provided in the bill does not cover all costs to update signage, additional funding may be required through the annual budget process. Page 3 April 26, 2023 HB 23-1057 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 2, based on active construction projects. Table 2 Average Restroom Construction Costs in FY 2023-24 Component Cost Multi-Stall Restroom $203,000 Single-Stall Restroom $153,700 Changing Station $310 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 includes an appropriation of $450,000 from the General Fund to the Department of Personnel and Administration. Any money not expended remains available for two additional fiscal years. 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.