Page 1 April 25, 2024 HB 24-1466 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Fiscal Note Drafting Number: Prime Sponsors: LLS 24-0966 Rep. Bird; Taggart Sen. Zenzinger; Kirkmeyer Date: Bill Status: Fiscal Analyst: April 25, 2024 House Appropriations Erin Reynolds | 303-866-4146 erin.reynolds@coleg.gov Bill Topic: REFINANCE FEDERAL CORONAVIRUS RECOVERY FUNDS Summary of Fiscal Impact: ☐ State Revenue ☒ State Expenditure ☒ State Transfer ☐ TABOR Refund ☐ Local Government ☐ Statutory Public Entity The bill refinances various programs that received federal funding as a result of the COVID-19 pandemic. It makes various state transfers and appropriations to expedite spending of American Rescue Plan Act (ARPA) money before relevant federal deadlines, and free up General Fund for other uses. Appropriation Summary: The bill requires appropriation adjustments for in the current FY 2023-24 and FY 2024-25. See State Appropriations and Transfers (“Swaps”) section. Fiscal Note Status: The fiscal note reflects the introduced bill, which was recommended by the Joint Budget Committee. Table 1 1 State Fiscal Impacts Under HB 24-1466 Current Year Budget Year Steps for Refinancing ARPA Funds FY 2023-24 FY 2024-25 1 – Transfer Unspent APRA Money Transfer from Various ARPA Recipient Funds ($1,605,182,048) - Transfer to ARPA Refinance State Money Cash Fund $1,605,182,048 - 2 – Refinance Personal Services Expenditures Over Two Years General Fund Expenditures ($1,018,000,000) ($587,182,048) ARPA Refinance State Money Cash Fund Expenditures $1,018,000,000 $587,182,048 3 – Appropriations and Transfer General Fund Savings for Program Spending Transfer From General Fund ($1,394,623,617) - Transfer to Various ARPA Recipient Funds $1,394,623,617 - Net Change in Available General Fund (net of 2 and 3 above) ($376,623,617) $587,182,048 Two-Year Change 2 $210,558,431 1 Amounts in Table 1 are inclusive of certain amounts that are also adjusted in HB 24-1465. 2 The two-year change in General Fund made available as a result of this bill has been accounted by the Joint Budget Committee in its budget balancing. Page 2 April 25, 2024 HB 24-1466 Summary of Legislation The state received money from the Federal Coronavirus State Fiscal Recovery Fund pursuant to the American Rescue Plan Act of 2021 (ARPA money). ARPA money was deposited into the American Rescue Plan Act of 2021 Cash Fund (ARPA Cash Fund) and then transferred to various cash funds (recipient funds) and appropriated for various programs for use of several years. This bill “swaps” money between various ARPA funds and the General Fund. The bill works in tandem with House Bill 24-1465. Additional detail on these bills can be found in this Joint Budget Committee Staff memo. Transfers. The bill requires the State Treasurer to transfer: specified amounts of ARPA money from recipient funds at the close of FY 2023-24 to the ARPA Cash Fund, totaling $1.6 billion; and $1.4 billion from the General Fund to the newly created ARPA Refinance State Money Cash Fund on July 1, 2024, which goes back to these various recipient funds. Refinance of personal services. The bill requires the General Assembly to refinance personal services expenses paid with General Fund by using ARPA funds instead in FY 2023-24 and FY 2024-25, freeing up General Fund to spend on programs funded with ARPA money. Appropriations and transfers (“swaps”). The bill makes appropriations and transfers totaling $1.4 billion to programs originally funded with ARPA money, using General Fund freed up from the refinance of personal services. Use of unspent ARPA funds. On December 1, 2024, any unspent and unobligated money that originated from ARPA funds, other than money designated for personal services or operating costs, reverts to the ARPA Cash Fund. The reverted money is continuously appropriated until January 31, 2025 to any department designated by the Governor for any purpose that was funded with General Fund in the FY 2024-25 Long Bill. After December 31, 2024, any ARPA funds in a recipient fund that were obligated as of December 31, 2024, but not expended on an eligible activity at the conclusion of the fiscal year for which the appropriation was authorized, reverts to the ARPA Cash Fund. The reverted money is continuously appropriated through December 31, 2026, to any department designated by the Governor for any purpose for which a General Fund appropriation was made in the Long Bill for the state fiscal year in which the reversion occurred. Any federal funding spent by the Governor drives an equal General Fund reversion for those funds. The bill also repeals the requirement for a subrecipient to obligate ARPA money by November 30, 2024. State Controller duties and reporting. The bill authorizes the State Controller in the Department of Personnel and Administration (DPA) to take certain measures to implement the bill and ensure that ARPA money is expended within the time allowed by federal law. The Governor and the State Controller shall jointly submit a report to the Joint Budget Committee and legislative leadership about the transfers in the bill and about spending ARPA money. Page 3 April 25, 2024 HB 24-1466 Other provisions and clarifications. The bill makes changes to various programs related to refinancing ARPA money, including clarifying spending and obligation deadlines for program money that is not ARPA money and exempting the use of state money from requirements for capital construction projects that use federal money. State Transfers The bill, in concert with House Bill 24-1465, makes the following transfers from various cash funds into the ARPA Cash Fund in the current FY 2023-24, totaling $1.6 billion. It then transfers $1.4 billion from the General Fund to these various recipient funds in FY 2024-25. The difference between these two transfers reflects the amount remaining unallocated by the General Assembly, totaling $125 million, changes in program spending for the various programs originally funded with ARPA money made in HB 24-1465, and $12 million in funds reverted from various programs that have already concluded spending. Table 2 Transfers Under HB 24-1466 Recipient Fund Transfer from Recipient Fund to ARPA Cash Fund* Transfer from General Fund to Recipient Fund Difference Affordable Housing and Home Ownership Cash Fund * $70,582 - $70,582 American Rescue Plan Act of 2021 Cash Fund * $249,344,084 $248,244,084 $1,100,000 Behavioral and Mental Health Cash Fund * $268,744,343 $212,881,576 $55,862,767 Broadband Administrative Fund $14,500,000 $14,500,000 - Colorado Economic Development Fund $7,134,282 $7,134,282 - Colorado Heritage Communities Fund $10,368,159 $10,368,159 - Colorado Opportunity Scholarship Initiative Fund * $21,545,307 $11,545,307 $10,000,000 Colorado Water Conservation Board Const. Fund $7,000,000 $7,000,000 - Connect. Co. Exp. Homelessness with Services Fund $90,980,000 $90,980,000 - Digital Inclusion Grant Program Fund $11,002,529 $11,002,529 - Economic Recovery and Relief Cash Fund * $135,875,549 $129,293,242 $6,582,307 Healthy Forests and Vibrant Communities Fund $3,000,000 $3,000,000 - Housing Development Grant Fund $20,000 $20,000 - Infra. and Strong Communities Grant Program Fund $29,209,576 $29,209,576 - Judicial Dep’t Information Technology Cash Fund $17,000,000 $17,000,000 - Local Invest. in Transformational Aff. Housing Fund $125,600,000 $125,600,000 - Multimodal Trans. and Mitigation Options Fund $96,160,000 $96,160,000 - Regional Navigation Campus Cash Fund $49,652,936 $49,652,936 - Regional Talent Dev. Initiative Grant Program Fund $68,730,000 $68,730,000 - Revenue Loss Restoration Cash Fund * $299,362,303 $163,541,565 $135,820,738 Rural Provider Access and Affordability Fund $2,300,000 $2,300,000 - State Highway Fund $75,330,000 $75,330,000 - Wildfire Mitigation Capacity Development Fund $40,000 $40,000 - Workers, Employers, and Workforce Cash Fund * $22,212,399 $21,090,361 $1,122,038 Total $1,605,182,048 $1,394,623,617 $210,558,431 * Some of these amounts are also accounted for in HB 24-1465, which this bill is conditional upon taking effect. Page 4 April 25, 2024 HB 24-1466 State Expenditures The bill refinances General Fund spending on personal services using ARPA Cash Funds in FY 2023-24 and FY 2024-25. The amounts spent from the ARPA Cash Funds are shown in Table 3, and are equal to the amount transferred to the fund, as shown in Table 2. This will increase APRA Cash Fund spending by $1.6 billion over two years, and reduce General Fund expenditures by the same amount. Table 3 Expenditures Under HB 24-1466 Department FY 2023-24 11-Month GF Refinance FY 2024-25 5-Month GF Refinance Two-Year Total Department of Corrections $495,000,000 $324,000,000 $819,000,000 Department of Human Services $214,000,000 $63,182,048 $277,182,048 Judicial Department $309,000,000 $200,000,000 $509,000,000 Total $1,018,000,000 $587,182,048 $1,605,182,048 Effective Date The bill takes effect upon signature of the Governor, or upon becoming law without his signature, except that sections 52 to 65 and section 81 only take effect if House Bill 24-1465 becomes law. State Appropriations and Transfers (“Swaps”) The bill makes the following adjustments to appropriations made in prior year bills as listed in Table 4 below. In some cases, these are statutory transfers. “Swaps” are paid using General Fund revenue transferred to the recipient funds as shown in Table 2 above. Table 4 State Appropriations Adjustments Under HB 24-1466 Bill Section Appropriation HB21-1264 Section 19 (2) Total $15,651,351 Section 19 (3) Total $2,880,000 Section 19 (4)(a) Total $2,559,010 HB21-1271 Section 12 (1) Total $9,861,200 Section 12 (2) Total $506,959 HB21-1289 Section 15 (1) Total $11,002,529 Section 15 (2) Total $15,330,000 HB21-1330 Section 16 (1) Total $10,463,439 Section 16 (2) Total $1,081,868 HB22-1220 Section 9 (2)(a) Total $7,700,000 HB22-1243 Section 4 (3) Total $1,243,963 HB22-1259 Section 14 Total $400,000 HB22-1281 Section 4 (1)(a) Total $32,200,000 Section 4 (1)(b) Total $6,100,000 Page 5 April 25, 2024 HB 24-1466 Table 4 State Appropriations Adjustments Under HB 24-1466 (Cont.) Bill Section Appropriation HB22-1283 Section 10 Total $30,236,662 Section 8 (1)(a) Total $2,900,000 Section 9 Total $431,457 HB22-1302 Section 6 (1) Total $19,231,546 Section 6 (2) Total $1,754,853 HB22-1303 Section 4 (1)(a) Total $372,264 Section 4 (1)(b) Total $346,040 Section 4 (1)(c) Total $9,992 Section 5 (1)(a) Total $1,491,061 Section 5 (1)(c) Total $5,485,761 Section 7 Total $4,857,586 HB22-1304 Section 2 (4)(c) and Section 5 (6) Total $154,809,576 HB22-1326 Section 56 (10) Total $7,459,000 Section 56 (11) Total $4,439,519 HB22-1329 Cap Const. PART I Section (1)(A) Total $1,275,425 Cap Const. PART I Section (1)(B) Total $3,346,671 Cap Const. PART I Section (1)(C) Total $110,000 Cap Const. PART I Section (1)(D) Total $1,315,802 Cap Const. PART I Section (1)(E) Total $829,453 Cap Const. PART I Section (1)(F) Total $12,316,617 Cap Const. PART I Section (1)(G) Total $653,140 Cap Const. PART I Section (1)(H) Total $589,312 Cap Const. PART I Section (1)(I) Total $2,695,489 Cap Const. PART I Section (1)(J) Total $534,862 Cap Const. PART I Section (2)(A) Total $2,206,619 Cap Const. PART I Section (2)(B) Total $668,864 Cap Const. PART I Section (2)(C) Total $2,357,684 Cap Const. PART I Section (2)(D) Total $949,753 Cap Const. PART I Section (2)(E) Total $809,100 Cap Const. PART I Section (2)(F) Total $1,969,340 Cap Const. PART I Section (2)(G) Total $1,457,695 Cap Const. PART I Section (2)(H) Total $1,870,000 Cap Const. PART I Section (2)(I) Total $1,453,992 Cap Const. PART I Section (2)(J) Total $694,207 Cap Const. PART I Section (2)(K) Total $1,282,689 Cap Const. PART I Section (2)(L) Total $254,302 Cap Const. PART I Section (2)(M) Total $739,020 Cap Const. PART I Section (2)(N) Total $1,104,453 Cap Const. PART I Section (2)(O) Total $754,350 Cap Const. PART I Section (2)(P) Total $2,501,384 Cap Const. PART I Section (2)(Q) Total $1,624,790 Page 6 April 25, 2024 HB 24-1466 Table 4 State Appropriations Adjustments Under HB 24-1466 (Cont.) Bill Section Appropriation HB22-1329 (cont.) Cap Const. PART I Section (2)(R) Total $2,580 Cap Const. PART I Section (2)(S) Total $1,730,739 Cap Const. PART I Section (2)(T) Total $1,128,906 Cap Const. PART I Section (2)(U) Total $1,022,757 Cap Const. PART I Section (2)(V) Total $2,683,008 Cap Const. PART I Section (2)(W) Total $258,552 Cap Const. PART II Section (1)(A) Total $5,108,877 Cap Const. PART II Section (1)(B) Total $14,908,530 Cap Const. PART II Section (1)(C) Total $123,446 Cap Const. PART II Section (1)(E) Total $51,145,998 Cap Const. PART III Section (2)(D) Total $6,750,000 HB22-1335 Section 3 (3.5) Total $17,000,000 HB22-1350 24-48.5-406 (1)(a)(I) Total $68,730,000 HB22-1356 Section 2 Total $7,160,000 HB22-1369 Section 2 Total $1,500,000 HB22-1377 Section 2 (5)(d) Total $90,980,000 HB22-1378 Section 2 (7) Total $49,652,936 HB22-1379 Section 1(a)(I) and (II) Total $3,040,000 Section (1)(a)(III) through (V) Total $7,000,000 HB22-1380 Section 6 (1) Total $400,000 Section 6 (2) Total $1,814,616 Section 6 (3) Total $810,000 Section 6 (4) Total $1,000,000 Section 6 (5) Total $4,090,500 HB22-1386 Section 6 (2) Total $334,200 HB22-1411 Section 1 (4)(a) Total $70,000,000 SB21-242 Section 2 (g)(I) Total $20,000 SB21-260 Section 7(7)(a)(I) Total $75,330,000 Section 55 (1)(c) & (1.5) and Section 7(7)(a)(II) Total $96,160,000 SB21-288 Section 1 (4)(a) Total $155,320,345 Unallocated SLFRF $22,923,739 SB21-291 Section 2 Total $7,134,282 SB22-028 Section 3 (1) Total $500,000 SB22-147 Section 5 (1) Total $4,414,069 Section 5 (2) Total $3,516,581 Section 5 (3) Total $665,486 SB22-148 Section 3 Total $1,500,000 SB22-177 Section 3 Total $10,500,000 SB22-181 Section 6 (1)(b) Total $3,048,890 Section 6 (1)(c) Total $2,063,133 Section 6 (1)(d) Total $3,000,000 Page 7 April 25, 2024 HB 24-1466 Table 4 State Appropriations Adjustments Under HB 24-1466 (Cont.) Bill Section Appropriation SB22-181 (cont.) Section 6 (1)(e) Total $1,928,337 Section 6 (1)(f) Total $4,376,616 Section 6 (1)(g) Total $2,428,337 Section 6 (1)(h) Total $2,928,337 Section 6 (1)(i) Total $1,428,337 Section 7 Total $7,116,823 Section 8 (1)(a) Total $63,018 Section 8 (1)(b) Total $13,206,278 SB22-196 Section 12 (1)(a) Total $449,688 Section 12 (1)(b) Total $24,063,797 Section 12 (2) Total $1,300,000 Section 12 (3)(a) Total $141,563 Section 12 (3)(b) Total $1,547,728 Section 12 (3)(c) Total $1,746,528 Section 12 (5) Total $2,554,126 SB22-200 Section 2 (7)(a) and (b) Total $2,300,000 SB22-211 Section 4 (1) Total $44,090,000 SB22-213 Section 8 (1)(a) Total $6,100,000 Section 8 (1)(b) Total $6,400,000 Section 8 (1)(c) Total $14,247,910 Section 8 (1)(d) Total $6,720,000 Section 8 (1)(e) Total $567,641 SB22-226 Section 12 (1)(a) Total $257,775 Section 12 (1)(b) Total $5,685,000 Section 12 (1)(c) Total $15,019,800 Section 12 (2) Total $4,000,000 SB23-214 Cap Const. PART I Section (2)(F) Total $2,440,000 Cap Const. PART I Section (2)(G) Total $7,297,883 Cap Const. PART I Section (2)(H) Total $1,366,889 Cap Const. PART I Section (2)(L) Total $1,028,925 Cap Const. PART I Section (2)(T) Total $5,628,388 Cap Const. PART I Section (2)(U) Total $1,376,321 Cap Const. PART I Section (2)(V) Total $7,158,534 Cap Const. PART I Section (2)(W) Total $4,206,565 Department Section of LB Total $1,809,654 Total $1,394,623,617 Page 8 April 25, 2024 HB 24-1466 State and Local Government Contacts Joint Budget Committee Staff 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.