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April 25, 2023 SB 23-148
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 20, 2023)
Drafting Number:
Prime Sponsors:
LLS 23-0496
Sen. Cutter
Rep. Lindsay
Date:
Bill Status:
Fiscal Analyst:
April 25, 2023
House Trans. & Local Govt.
Clayton Mayfield | 303-866-5851
clayton.mayfield@coleg.gov
Bill Topic: ILLEGAL DRUG LABORATORY PROPERTY & CERTIFICATION
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill requires the Colorado Department of Public Health and Environment to create
a public database of residences used as illegal laboratories. Starting in FY 2023-24,
state revenue and expenditures are increased on an ongoing basis.
Appropriation
Summary:
For FY 2023-24, the bill requires an appropriation of $74,516 to the Department of
Public Health and Environment. It currently includes an appropriation of $106,798.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under SB 23-148
Budget Year
FY 2023-24
Out Year
FY 2024-25
Out Year
FY 2025-26
Revenue Cash Funds - $44,259 $37,589
Total Revenue - $44,259 $37,589
Expenditures General Fund $74,516 - -
Cash Funds - $36,063 $29,393
Centrally Appropriated $17,243 $8,196 $8,196
Total Expenditures $91,759 $44,259 $37,589
Total FTE 1.0 FTE 0.5 FTE 0.5 FTE
Transfers - - -
Other Budget Impacts GF Reserve $11,177 - -
TABOR Refund - $44,259 not estimated
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April 25, 2023 SB 23-148
Summary of Legislation
The bill requires the Colorado Department of Public Health and Environment (CDPHE) to create a
public online database of residential properties used as illegal methamphetamine drug laboratories
by January 1, 2024.
The bill also requires that:
law enforcement agencies and certified industrial hygienists report discovered illegal drug
laboratories to CDPHE following notice requirements outlined in the bill and by CDPHE rule;
property owners submit remediation documentation to the CDPHE;
after five years, CDPHE remove a properly decontaminated property from the database; and
residential properties without compliant remediation be deemed uninhabitable.
Background and Assumptions
Under current law, the CDPHE certifies individuals and business assessing and decontaminating
properties used as illegal drug laboratories to produce methamphetamines, and monitors
decontaminations through a reporting system. The most recent data from the CDPHE indicate a total
of about 675 certifications, composed of about 500 individuals and 175 businesses.
State Revenue
The bill increases state revenue by $44,259 in FY 2024-25 and by $37,589 in FY 2025-26 to the Illegal
Drug Laboratory Cash Fund. The increase is to cover expenditures associated with the bill and will
impact individuals and businesses certified to assess or decontaminate illegal drug laboratories.
Fee impact on certified drug laboratory decontaminators. Colorado law requires legislative service
agency review of measures which create or increase any fee collected by a state agency. These fee
amounts are estimates only, actual fees will be set administratively by the CDPHE based on cash fund
balance, program costs, and the number of certifications subject to the fee. The fiscal note assumes fee
collections will begin in FY 2024-25, after the rulemaking process is complete, but the actual timeline
may vary from this estimate. Table 2 below identifies the fee impact of this bill.
Table 2
Fee Impact on Certified Drug Laboratory Decontaminators
Fiscal Year
Type of
Fee
Certification
Fee
Number
Affected
Total Fee
Impact
FY 2024-25 Inspection Fee $65.57 675 $44,259
FY 2025-26 Inspection Fee $55.69 675 $37,589
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April 25, 2023 SB 23-148
State Expenditures
The bill increases state expenditures in the CDPHE by $91,759 in FY 2023-24, $44,259 in FY 2024-25,
and $37,589 in FY 2025-26, paid from the General Fund the first year and the Illegal Drug Laboratory
Cash Fund in future years, as detailed in Table 3 and described below.
Table 3
Expenditures Under SB 23-148
FY 2023-24 FY 2024-25 FY 2025-26
Department of Public Health and Environment
Personal Services $66,496 $28,718 $28,718
Operating Expenses $1,350 $675 $3,375
Capital Outlay Costs $6,670 $6,670 -
Centrally Appropriated Costs
1
$17,243 $8,196 $8,196
Total $91,759 $44,259 $37,589
Total FTE 1.0 FTE 0.5 FTE 0.5 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Department of Public Health and Environment. The CDPHE requires support staff to create and
administer the online database required by the bill.
Staffing. The CDPHE requires 1.0 FTE Data Manager in FY 2023-24 only to design and implement
the public database required by the bill, and to update an existing database to track inspections
and certifications. Beginning in FY 2024-25, the department requires 0.5 FTE Program Assistant
to assist with rulemaking, manage the database, and coordinate with property owners, law
enforcement, and industrial hygienists regarding certificates of compliance. Standard operating
and capital outlay costs are included.
Centrally appropriated costs. Pursuant to a Joint Budget Committee policy, certain costs
associated with this bill are addressed through the annual budget process and centrally
appropriated in the Long Bill or supplemental appropriations bills, rather than in this bill. These
costs, which include employee insurance and supplemental employee retirement payments, are
shown in Table 2.
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. Based on this fiscal note, the
bill is expected to increase the amount of General Fund held in reserve by the amounts shown in
Table 1, decreasing the amount of General Fund available for other purposes.
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April 25, 2023 SB 23-148
TABOR refunds. The bill is expected to increase the amount of state revenue required to be refunded
to taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the
March 2023 LCS revenue forecast. A forecast of state revenue subject to TABOR is not available
beyond FY 2024-25. Because TABOR refunds are paid from the General Fund, increased cash fund
revenue will reduce the amount of General Fund available to spend or save.
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 a General Fund appropriation of $74,516 to the Colorado Department
of Public Health and Environment, and 1.0 FTE. The bill currently includes a General Fund
appropriation of $106,798, and 1.4 FTE.
State and Local Government Contacts
Judicial Law Local Affairs
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.