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February 9, 2024 HB 24-1141
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0858
Rep. Winter T.
Sen. Pelton R.
Date:
Bill Status:
Fiscal Analyst:
February 9, 2024
House Energy & Environment
Colin Gaiser | 303-866-2677
colin.gaiser@coleg.gov
Bill Topic: LOCAL GOVERNMENT CONTROL OVER BURN BARREL REGULATION
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill specifies that local governments control the regulation of burning in burn
barrels and not the state. It increases state expenditures and may impact local revenue
and expenditures on an ongoing basis.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $51,208 to the Colorado
Department of Public Health and Environment.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1141
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue - -
Expenditures General Fund $51,208 $51,208
Total FTE 0.2 FTE 0.2 FTE
Transfers - -
Other Budget Impacts General Fund Reserve $7,681 $7,681
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February 9, 2024 HB 24-1141
Summary of Legislation
The bill specifies that local governments, rather than the Air Quality Control Commission or the
Department of Public Health and Environment (CDPHE), control the regulation of burning in
burn barrels. Burning in burn barrels is permitted as regulated unless prohibited by a local
government. The bill also classifies burning in burn barrels as “noncommercial burning of trash,”
and clarifies that burning in burn barrels is not open burning.
Background
Under current law, burn barrels are classified as incinerators that require construction permits.
Operating a burn barrel without a permit may result in a penalty of up to $55,554 per day for
each day of the violation. Incinerators must have pollution control systems that reduce
emissions and are subject to federal and state testing requirements and regulations.
State Revenue
The bill may result in a decrease in revenue to the CDPHE, as it can no longer regulate burn
barrels as incinerators, or enforce burn barrel-related violations. Revenue from penalties for air
quality violations is deposited into the Community Impact Cash Fund and the General Fund.
However, burn barrel-related violations are rare and the bill’s requirements will have a minimal
overall impact on state revenue. Penalties from air quality violations are subject to the state’s
TABOR limit.
State Expenditures
The bill increases state expenditures in the CDPHE by about $51,000 in FY 2024-25 and future
years, paid from the General Fund, for increased legal services costs provided by the
Department of Law. Specifically, the CDPHE will require 400 hours of legal services (0.2 FTE in
the Department of Law) beginning FY 2024-25 to assist with rulemaking, manage legal issues
pertaining to revisions of its State Implementation Plan, and facilitate discussions with the
Environmental Protection Agency. On an ongoing basis, legal services are required for
departmental assistance to local governments with regulations, permitting, and enforcement.
Legal services are provided by the Department of Law at a rate of $128.02 per hour.
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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February 9, 2024 HB 24-1141
Local Government
The bill may increase workload for local governments that choose to develop, implement, and
enforce local ordinances and regulations regarding burning in burn barrels. It may also increase
local government revenue for any new burn barrel-related permits or penalties.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State Appropriations
For FY 2024-25, the bill requires a General Fund appropriation of $51,208 to the Colorado
Department of Public Health and Environment. This amount is reappropriated to the
Department of Law, and 0.2 FTE.
State and Local Government Contacts
Counties Law Local Affairs
Public Health and Environment
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 the General Assembly website.