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April 18, 2024 SB 24-037
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 18, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0365
Sen. Simpson; Bridges
Rep. Lynch; McCormick
Date:
Bill Status:
Fiscal Analyst:
April 18, 2024
House Ag., Water & Natural Res.
Josh Abram | 303-866-3561
josh.abram@coleg.gov
Bill Topic: STUDY GREEN INFRASTRUCTURE FOR WATER QUALITY MANAGEMENT
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill requires that the Colorado Department of Public Health and Environment, in
collaboration with institutions of higher education, conduct a feasibility study and
create demonstration projects of green infrastructure as an alternative compliance
mechanism for water quality compliance. The bill increases state expenditures
beginning FY 2024-25.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $50,651 to the Colorado
Department of Public Health and Environment.
Fiscal Note
Status:
This revised fiscal note reflects the reengrossed bill.
Table 1
State Fiscal Impacts Under SB 24-037
Budget Year
FY 2024-25
Out Year
FY 2025-26
Out Year
FY 2026-27
Revenue - - -
Expenditures General Fund $50,651 $70,584 $56,233
Centrally Appropriated $7,873 $10,209 $10,209
Total Expenditures $58,524 $80,793 $66,442
Total FTE 0.5 FTE 0.6 FTE 0.5 FTE
Transfers - - -
Other Budget Impacts General Fund Reserve $7,598 $10,588 $8,435 Page 2
April 18, 2024 SB 24-037
Summary of Legislation
The bill requires that the University of Colorado and Colorado State University collaborate with
the Colorado Department of Public Health and Environment (CDPHE) to study the feasibility of
substituting green infrastructure, a planned and managed network of natural green spaces, for
traditional centralized wastewater and drinking water treatment mechanisms. The study must
determine if green infrastructure:
is feasible as an alternative compliance mechanism for water providers that can be aligned
with other state and local interests, including wildfire mitigation;
attracts new sources of environmental-focused funding for water quality compliance and for
water infrastructure projects; and
creates cost savings for the CDPHE and local water providers.
The feasibility study must begin by October 1, 2024. The universities and CDPHE must complete
the study by July 1, 2025, and report findings to the Water Resources and Agriculture Review
Committee. Following the study, and with approval of CDPHE, the universities may establish up
to three pilot projects to demonstrate the use of green infrastructure as an alternative
compliance program supported with environmental-focused funding.
State Expenditures
The bill increases state expenditures in the CDPHE by about $59,000 in FY 2024-25, about
$81,000 in FY 2025-26, and about $66,000 in FY 2026-27, paid from the General Fund.
Expenditures in FY 2024-25 are primarily to conduct the feasibility study. Costs in future fiscal
years are for oversight and management of pilot and demonstration projects. New costs are
displayed in Table 2 and discussed below.
Table 2
Expenditures Under SB 24-037
FY 2024-25 FY 2025-26 FY 2026-27
Department of Public Health and Environment
Personal Services $34,777 $47,404 $47,404
Operating Expenses $512 $640 $640
Capital Outlay Costs - $6,670 -
Legal Services $15,362 $15,362 -
Site Visit Travel & Per Diem - $508 $508
Centrally Appropriated Costs
1
$7,873 $10,209 $10,209
FTE – Personal Services 0.4 FTE 0.5 FTE 0.5 FTE
FTE – Legal Services 0.1 FTE 0.1 FTE -
Total Cost
$58,524
$80,793 $58,761
Total FTE 0.5 FTE 0.6 FTE 0.5 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
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April 18, 2024 SB 24-037
Department of Public Health and Environment. The CDPHE requires additional staff and will
contract outside vendor(s) for additional specialized and technical support beginning
FY 2024-25. Staff and contractor(s) are necessary to complete the feasibility study and prepare a
final report and recommendations for pilot programs by July 2025. Staff is also necessary to
launch and manage pilot projects beginning sometime after the feasibility study is completed.
Personal services. In FY 2024-25, 0.5 FTE Environmental Specialist will work with the
universities to analyze existing federal, state and local policies, investigate green
infrastructure funding options and potential investors, evaluate community interests and
goals, assess alternative legislative and administrative actions necessary for alternative
compliance mechanisms, coordinate and manage technical assistance from outside
vendor(s), and prepare and present reports.
Legal services. The CDPHE requires additional legal services provided by the Department of
Law to conduct the feasibility study, and to implement the pilot programs, estimated at
120 hours in FY 2024-25 and FY 2025-26, and decreasing thereafter to 60 hours annually.
Contracted technical and specialized assistance. The CDPHE will contract with state
institutions of higher education to prepare the feasibility study and manage pilot projects.
This assistance is provided by the institutions using existing research funds available to the
schools, and requires no additional state appropriations.
Site visit travel and per diem. Beginning FY 2025-26, staff will require mileage
reimbursement and hotel and per diem costs for statewide site visits to pilot projects.
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.
Institutions of Higher Education. The CDPHE will collaborate with existing projects and research
activities occurring at the University of Colorado, and at Colorado State University. These efforts
are currently funded and require no additional appropriations.
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 90 days following adjournment of the General Assembly sine die, assuming
no referendum petition is filed.
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April 18, 2024 SB 24-037
State Appropriations
For FY 2024-25, the bill requires a General Fund appropriation of $50,651 to the Colorado
Department of Public Health and Environment, and 0.4 FTE. Of this amount, $15,362 is
reappropriated to the Department of Law, with an additional 0.1 FTE.
State and Local Government Contacts
Public Health and Environment Law
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: leg.colorado.gov/fiscalnotes.