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March 17, 2023 SB 23-191
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0839
Sen. Cutter
Rep. Joseph; Kipp
Date:
Bill Status:
Fiscal Analyst:
March 17, 2023
Senate Agriculture
Matt Bishop | 303-866-4796
matt.bishop@coleg.gov
Bill Topic: CDPHE ORGANICS DIVERSION STUDY
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
commission a study on organic waste diversion. It increases state expenditures in
FY 2023-24 and FY 2024-25 only.
Appropriation
Summary:
No appropriation is required. The Front Rage Waste Diversion Cash Fund is
continuously appropriated to the Front Range Waste Diversion Enterprise.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under SB 23-191
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue - -
Expenditures Cash Funds $298,391 $25,000
Centrally Appropriated $33,545 $2,350
Total Expenditures $331,936 $27,350
Total FTE 0.3 FTE -
Transfers - -
Other Budget Impacts - -
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March 17, 2023 SB 23-191
Summary of Legislation
The bill requires the Department of Public Health and Environment (CDPHE) to conduct a study
exploring what local governments, other state agencies, and other states are doing to divert organic
materials from landfills. The study must:
consult with stakeholders;
utilize data from the Statewide Organics Management Plan;
review existing pilot programs in Colorado;
consider the feasibility of requiring the diversion of both yard trimmings and food scraps;
consider the impacts on landfill longevity, greenhouse gas emissions, and water usage;
include the scope of implementing necessary composting infrastructure;
develop the timeline, material type, and benchmarks for various regions of the state; and
recommend changes to policies, regulations, and public awareness to enable organic waste
diversion.
CDPHE must submit a report to the General Assembly on the study’s research, findings, and
recommendations by August 1, 2024. The bill authorizes either the Front Range Waste Diversion
Enterprise or Recycling Resources Economic Opportunity Fund to pay the costs associated with the
study.
State Expenditures
The bill increases state expenditures in CDPHE by $331,936 in FY 2023-24 and $27,350 in FY 2024-25.
The fiscal note assumes expenditures will be paid from the Front Range Waste Diversion Fund, which
is continuously appropriated Front Range Waste Diversion Enterprise in CDPHE. Expenditures are
shown in Table 2 and detailed below.
Table 2
Expenditures Under SB 23-191
FY 2023-24 FY 2024-25
Department of Public Health and Environment
Personal Services $23,391 -
Contractor $275,000 $25,000
Centrally Appropriated Costs
1
$33,545 $2,350
Total Cost $331,936 $27,350
Total FTE 0.3 FTE -
1
Centrally appropriated costs are not included in the bill's appropriation.
CDPHE. The bill increases expenditures to hire a contractor to conduct the study, estimated at
$300,000 across FY 2023-24 and FY 2024-25 based on costs for recently completed studies. CDPHE
also requires 0.3 FTE in FY 2023-24 only to solicit, execute, monitor, and assist with the contract as
necessary. Page 3
March 17, 2023 SB 23-191
Other state agencies. The bill directs the study to consider collaboration with other state agencies,
including the Department of Agriculture and the Department of Transportation. It minimally
increases workload in these agencies in FY 2023-24.
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.
Local Government
The bill minimally increases workload in any local government that collaborates with the study.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
State and Local Government Contacts
Agriculture Information Technology Legislative Council
Public Health and Environment Transportation
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.