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February 22, 2024 HB 24-1164
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0485
Rep. Titone; Willford
Sen. Buckner; Winter F.
Date:
Bill Status:
Fiscal Analyst:
February 22, 2024
House Education
Anna Gerstle | 303-866-4375
anna.gerstle@coleg.gov
Bill Topic: FREE MENSTRUAL PRODUCTS TO STUDENTS
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☒ School District
The bill requires that local education providers provide free menstrual products to
students and modifies the menstrual hygiene grant program. The bill increases state
and school district expenditures from FY 2024-25 to FY 2026-27.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $400,000 to the Colorado
Department of Education.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1164
Budget Year
FY 2024-25
Out Year
FY 2025-26
Out Year
FY 2026-27
Revenue - - -
Expenditures
1
General Fund $400,000 - -
Centrally Appropriated $9,854 $7,883 $3,942
Total Expenditures $409,854 $7,883 $3,942
Total FTE 0.5 FTE 0.4 FTE 0.2 FTE
Transfers - - -
Other Budget Impacts General Fund Reserve $60,000 - -
1
The bill requires a $400,000 appropriation in FY 2024-25; however, it is assumed this funded will be spent over three
years, as shown in Table 2 in the State Expenditures section. Page 2
February 22, 2024 HB 24-1164
Summary of Legislation
Free menstrual hygiene products. The bill requires that local education providers (LEPs)
provide free menstrual hygiene products to students. School districts, charter schools, and
boards of cooperative education services, excluding small rural school districts and those with
only one middle or high school must provide the products in half of the school buildings that
serve grades six through twelve beginning July 1, 2025. All LEPs, the Colorado School for the
Deaf and Blind, and approved facility schools must provide the products in all relevant school
buildings beginning July 1, 2026.
Menstrual hygiene grant program. The bill expands the Menstrual Hygiene Grant Program in
the Colorado Department of Education (CDE) to be available to all local education providers. If
demand exceeds program funding, CDE must prioritize grant recipients that identify schools
with at least 50 percent of students eligible for free or reduced-price lunch. The bill also
continues the program reporting requirement indefinitely.
For FY 2024-25, the bill requires that the General Assembly appropriate $400,000 for the
program. Any unexpended money is further available for FY 2025-26 and FY 2026-27, and no
more than 5 percent may be used for administrative costs.
Background
The Menstrual Hygiene Products Accessibility Grant Program was created by Senate Bill 21-255
to provide grants to LEPs to provide free menstrual hygiene products to all students. To qualify,
LEPs must have at least 50 percent of students qualify for free and reduced-price lunch. Funding
is allocated proportionally to any qualifying LEP that applies. The program has been funded at
$100,000 per year; has awarded grants to between 32 and 38 recipients each year. The program
has been managed by existing staff in the CDE since it was created, without a specific allocation
of FTE.
State Expenditures
The bill increases state General Fund expenditures by $400,000 in CDE in FY 2024-25. These
funds are assumed to be spent over three years on grants and administration, as shown in
Table 2 and discussed below.
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February 22, 2024 HB 24-1164
Table 2
Expenditures Under HB 24-1164
FY 2024-25 FY 2025-26 FY 2026-27
Department of Education
Personal Services $46,888 $37,511 $18,755
Operating Expenses $640 $512 $256
Grants $147,719 $147,719 -
Centrally Appropriated Costs
1
$9,854 $7,883 $3,942
Total Cost $205,101 $193,625 $22,953
Total FTE 0.5 FTE 0.4 FTE 0.2 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Assumptions. The fiscal note assumes that grant funds will be distributed over two years, with
three years of administrative expenses required. Additionally, the fiscal note assumes that the
requirement that LEPs provide free menstrual products to students will increase demand for the
grant program.
Staff costs. CDE requires 0.5 FTE in FY 2024-25 and 0.4 FTE in FY 2025-26 to administer the
grant program. Costs include coordinating with grantees, managing two rounds of application
and prioritization processes, and collecting data. In FY 2025-26, 0.2 FTE is required to wrap up
the expanded program and manage any grants that are extended into the third year. First-year
costs assume a September start date.
Grants. After administrative expenses, $295,438 is remaining for grants to local education
providers. See Technical Note. The fiscal note assumes this amount will be spent equally in
FY 2024-25 and FY 2025-26, but actual timing will depend on the number of applications
received and amounts awarded.
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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February 22, 2024 HB 24-1164
School District
The bill increases costs for school district to provide free menstrual hygiene costs for students.
Exact costs will vary based on products currently provided, the type of products provided, the
number of restrooms and school buildings, and the number of students. Some of the costs will
be offset by funding from the state grant program. For informational purposes:
menstrual hygiene products are estimated at about $5 per menstruating student per year;
a small to midsize school is estimated to incur costs of about $1,000 per year for products, in
addition to one-time costs to install a dispenser, which are estimated at no less than
$30 each; and
the statewide cost is estimated up to about $1.2 million per year, based on the number of
school buildings serving grades six through twelve, the female population at those schools,
and an assumed average of eight bathrooms per school. This estimate does not account for
any school districts that already provide these products.
Technical Note
The bill states that CDE may retain no more than 5 percent of the amount appropriated for
administrative expenses. However, over three years, administrative costs are expected to total
$104,562. This equates to 26 percent of the funding appropriated in the bill, or 17 percent of
total funding assumed to be available ($400,000 in bill + $100,000 in Long Bill).
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 2024-25, the bill requires a General Fund appropriation of $400,000 to the Colorado
Department of Education, and 0.5 FTE.
State and Local Government Contacts
Education School 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 the General Assembly website.