Colorado 2024 2024 Regular Session

Colorado House Bill HB1245 Introduced / Fiscal Note

Filed 03/19/2024

                    Page 1 
March 14, 2024   HB 24-1245 
 
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 24-0323  
Rep. Story 
Sen. Gonzales  
Date: 
Bill Status: 
Fiscal Analyst: 
March 19, 2024  
House Business & Labor  
Jessika Shipley | 303-866-3528 
jessika.shipley@coleg.gov  
Bill Topic: FAIR LABOR PRACTICE REQUIREMENTS FOR BROADBAND PROJECTS 
Summary of  
Fiscal Impact: 
☐ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☐ TABOR Refund 
☐ Local Government 
☐ Statutory Public Entity 
 
The bill requires the Colorado Broadband Office to give substantial weight to fair 
labor practices when distributing federal funds or state matching funds for broadband 
deployment projects.  It also requires that workers on broadband deployment projects 
that receive over $500,000 be paid prevailing wages. The bill increases state 
expenditures beginning in FY 2024-25. 
Appropriation 
Summary: 
For FY 2024-25, the bill requires an appropriation of $420,730 to the Office of 
Information Technology 
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. 
Table 1 
State Fiscal Impacts Under HB 24-1245 
  
Budget Year 
FY 2024-25 
Out Year 
FY 2025-26 
Revenue  	-     	-     
Expenditures 	General Fund 	$420,730      $236,990 
 
Centrally Appropriated 	$45,108      $45,108 
 
Total Expenditures 	$465,838      $282,098 
 	Total FTE 	2.0 FTE  2.0 FTE  
Transfers  	-  	-  
Other Budget Impacts General Fund Reserve 	$63,109 $35,548 
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March 14, 2024   HB 24-1245 
 
 
Summary of Legislation 
The bill requires that for the distribution of federal funds or state matching funds earmarked for 
broadband deployment projects in Colorado, the Colorado Broadband Office (CBO) in the 
Governor’s Office of Information Technology (OIT) must give substantial weight, but no less than 
25 percent weight, to fair labor practices when establishing evaluation metrics for applicants. 
The CBO is required to ensure ongoing compliance with the established fair labor practices. 
Additionally, for deployment project awards over $500,000, the CBO is required to ensure that 
workers on the project be paid the prevailing wage as defined in state law. 
Background 
Under current law, the CBO is authorized to seek, apply for, accept, and expend money from the 
federal government for broadband deployment. To this end, OIT established the Broadband 
Equity, Access, and Deployment (BEAD) Program in accordance with requirements by the 
National Telecommunications and Information Administration (NTIA). The function of the BEAD 
Program is to manage over $800 million in federal funds awarded to Colorado for broadband 
deployment projects. Part of the management involves developing and submitting detailed 
broadband deployment plans to the NTIA for approval, a multi-step, multi-year process. A final 
stage of NTIA approval is currently pending and is expected in March or April of 2024 for money 
to be distributed in the summer and fall of 2024. 
Assumptions 
As none of the over $800 million in federal funds awarded to Colorado has yet been distributed, 
the fiscal note assumes that pending broadband deployment plans will need to be revised and 
resubmitted to the NTIA to include the requirements of the bill, resulting in at least a 12-month 
delay for affected deployment plans to go into effect. 
State Expenditures 
The bill increases General Fund expenditures in OIT by about $470,000 in FY 2024-25 and by 
about $280,000 per year thereafter.  Expenditures are shown in Table 2 and explained below.   
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March 14, 2024   HB 24-1245 
 
 
Table 2 
Expenditures Under HB 24-1245 
 	FY 2024-25 FY 2025-26 
Information Technology   
Personal Services 	$214,430        $214,430        
Operating Expenses 	$2,560        $2,560 
Capital Outlay Costs 	$13.340        -  
Contractor 	$140,400 	-  
Software 	$30,000 	-  
Travel 	$20,000 $20,000 
Centrally Appropriated Costs
1
 	$45,108        $45,108 
FTE – Personal Services 	2.0 FTE 2.0 FTE 
Total Cost $465,838 $282,098 
Total FTE 2.0 FTE 2.0 FTE 
1
 Centrally appropriated costs are not included in the bill's appropriation. 
Information Technology. The bill increases expenditures in OIT for staff to assess labor 
standards compliance and to resubmit plans to the NTIA. 
 Staff. In order to manage federal and state matching funds distributed on or after the 
effective date of the bill, the CBO requires 2.0 FTE, one senior broadband projects manager 
and a grant specialist to create new evaluation metrics required by the bill, assist in 
developing and submitting plans to the NTIA, and ensuring ongoing compliance with fair 
labor practices. 
 
 Other costs. Other costs associated with the bill include one-time contract assistance for six 
months to revise and resubmit detailed deployment plans to the NTIA to include the 
requirements of the bill ($140,400), specialized grant management software that can be 
customized with the fair labor practices and prevailing wage requirements in the bill 
($30,000), and ten site visits each year by two people to ensure ongoing compliance with fair 
labor practices ($20,000). 
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. 
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March 14, 2024   HB 24-1245 
 
 
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. 
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 $420,730 to the Office of 
Information Technology, and 2.0 FTE. 
State and Local Government Contacts 
Information Technology  
 
 
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.