Page 1 March 1, 2024 HB 24-1307 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0281 Rep. Lieder; Hamrick Sen. Marchman Date: Bill Status: Fiscal Analyst: March 1, 2024 House Education Josh Abram | 303-866-3561 josh.abram@coleg.gov Bill Topic: HVAC IMPROVEMENTS FOR PUBLIC SCHOOLS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☐ State Transfer ☐ TABOR Refund ☒ School District ☐ Statutory Public Entity The bill requires that public schools and districts satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning systems when using federal and state funding. The bill increases state expenditures beginning FY 2024-25. Appropriation Summary: For FY 2024-25, the bill requires appropriations totaling $1.6 million to the Governor’s Office and the Department of Public Safety. Fiscal Note Status: The fiscal note reflects the introduced bill. Table 1 State Fiscal Impacts Under HB 24-1307 Budget Year FY 2024-25 Out Year FY 2025-26 Revenue - - Expenditures General Fund $120,252 $208,139 Cash Funds $1,485,090 $1,458,410 Centrally Appropriated $104,060 $124,190 Total Expenditures $1,709,402 $1,790,739 Total FTE 5.0 FTE 6.0 FTE Transfers - - Other Budget Impacts General Fund Reserve $18,038 $31,221 Page 2 March 1, 2024 HB 24-1307 Summary of Legislation The bill requires that all public schools and districts adhere to technical specifications for the installation, inspection, maintenance, review and reporting of heating, ventilation, and air conditioning (HVAC) systems whenever improvements are made using federal money, or a combination of federal and state funding specifically for HVAC improvements. Schools must only employ certified contractors to perform HVAC improvements. The bill permits public schools to apply for grants from federal and state sources, including the Building Electrification for Public Buildings Grant Program in the Colorado Energy Office. Schools may also access an existing grant navigation program administered by the Department of Local Affairs, and coordinate with third parties for technical assistance related to HVAC installation and in obtaining grant funding. The Governor’s office may use money in the Infrastructure Investment and Jobs Act Cash Fund to provide grant writing support to schools and districts, and to coordinate with third parties providing technical assistance to schools. State Expenditures The bill increases state expenditures in the Governor’s Energy Office by about $1.5 million in FY 2024-25 and FY 2025-26, paid from the Infrastructure Investment and Jobs Act Cash Fund. The bill increases expenditures in the Division of Fire Prevention and Control (DFPC) in the Department of Public Safety (DPS) by about $140,000 in FY 2024-25, and by about $248,000 in FY 2025-26, paid from the General Fund. Expenditures are shown in Table 2 and detailed below. Table 2 Expenditures Under HB 24-1307 FY 2024-25 FY 2025-26 Governor’s Office Personal Services $361,810 $361,810 Operating Expenses $5,120 $5,120 Capital Outlay Costs $26,680 - Travel $6,480 $6,480 Third-Party Contracts $1,085,000 $1,085,000 Centrally Appropriated Costs 1 $83,930 $83,930 FTE – Personal Services 4.0 FTE 4.0 FTE Governor’s Office Subtotal $1,569,020 $1,542,340 Page 3 March 1, 2024 HB 24-1307 Table 2 Expenditures Under HB 24-1307 (Cont.) Department of Public Safety Personal Services $73,331 $146,661 Operating Expenses $1,280 $2,560 Capital Outlay Costs $6,670 $13,340 Statewide Travel Expenses $10,000 $20,000 Radios $8,600 $19,914 Uniforms $2,250 $5,664 Personal Protective Equipment $2,500 - Leased Vehicles $9,957 - Variable Vehicle Costs $5,664 - Centrally Appropriated Costs 1 $20,130 $40,260 FTE – Personal Services 1.0 FTE 2.0 FTE DPS Subtotal $140,382 $248,399 Total Costs $1,709,402 $1,790,739 Total FTE 5.0 FTE 6.0 FTE 1 Centrally appropriated costs are not included in the bill's appropriation. Governor’s Office Staff. Under current law, the Governor’s office provides grant writing support and project planning for local governments and tribes. The office may authorize spending from the money provided under the federal Infrastructure Investment and Jobs Act for infrastructure projects, and other permissible uses. Expanding the current program to include HVAC improvements or installations in schools and districts, the Governor’s Energy Office will add 1.0 FTE Contract Administrator to oversee third party contracts, review and approve payments, and manage memoranda of understanding between the office and schools and districts. The office will also add 3.0 FTE School Grant and Tax Credit Navigators to market available state resources to public schools, identify grants and other funding and financing opportunities, and provide technical assistance for grant writing and project planning. Third-party contracts. The office uses outside vendors and consulting firms to provide additional assistance to current program participants. The office will contract with additional consultants with expertise in the expanded assistance authorized in the bill, including HVAC engineering systems, compliance with federal labor standards, project financing, and tax credits and other incentives for HVAC improvements in schools. Page 4 March 1, 2024 HB 24-1307 Department of Public Safety Staff. The DFPC in DPS provides building, fire, and safety code enforcement and fire-related training and education to local governments, including public schools and districts. Within the division, the Fire and Life Safety Section administers the fire, building, and life safety codes adopted by the division for all public schools, and the Building Codes Branch of the division is the designated code official. Inspectors conduct plan reviews and construction inspections for building, mechanical, energy conservation, and fire suppression code adopted by the DFPC. This bill is estimated to increase the number of HVAC improvement or replacement projects in public schools. The DFPC currently estimates that HVAC inspections number about 15 annually. Assuming this bill doubles the number of projects in FY 2024-25, the DFPC requires an additional 1.0 FTE Inspector and related costs such as travel, uniforms, personal protective equipment, etc. Assuming the number of annual inspections increases again in FY 2025-26, the DFPC will add an additional inspector, bringing the total increase to 2.0 FTE. Beyond FY 2025-26, if the number of new inspections exceeds the division’s staff resources, additional FTE will be requested during the annual budget process. 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 he amount of General Fund available for other purposes. School District Public schools and districts will receive specialized grant writing support and other technical assistance from the Governor’s energy office and third-party partners in order to address HVAC system upgrades. Cost may increase to pursue additional HVAC projects, with costs offset to the extent that additional grants and other resources become available. These costs will vary by school district. Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature. Page 5 March 1, 2024 HB 24-1307 State Appropriations For FY 2024-25, the bill requires the following appropriations: $120,252 General Fund to the Department of Public Safety, and 1.0 FTE. $1,485,090 from the Infrastructure Investment and Jobs Act Cash Fund to the Governor’s Office, and 4.0 FTE. State and Local Government Contacts Education Governor Labor Public Safety 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.