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April 18, 2024 SB 24-194
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated April 16, 2024.)
Drafting Number:
Prime Sponsors:
LLS 24-0084
Sen. Roberts; Will
Rep. McLachlan; Armagost
Date:
Bill Status:
Fiscal Analyst:
April 18, 2024
House Trans., Hous. & Local Govt.
Amanda Liddle | 303-866-5834
amanda.liddle@coleg.gov
Bill Topic: SPECIAL DISTRICT EMERGENCY SERVICES FUNDING
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill repeals local government authority to collect impact fees for fire district
expenditures and allows fire and ambulance districts to collect their own impact fees
and levy a district sales tax. The bill impacts local revenue and increases state
expenditures.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the reengrossed bill.
Summary of Legislation
The bill changes financing mechanisms available to fund local emergency services districts, as
discussed below.
Mechanisms repealed. The bill repeals statutory authorizations for local governments to
impose and collect impact fees to be remitted to fire districts for the purpose of funding fire and
emergency services. The bill additionally clarifies that fire districts are prohibited from charging
fees for firefighting activity on taxable properties.
Mechanisms allowed. The bill authorizes fire and ambulance districts to collect an impact fee
on the construction of new buildings, structures, facilities, or improvements including oil or gas
wells and related equipment; and on previously improved or unimproved real property within
the district’s boundaries if the impact fee is related to the overall cost of the district’s services.
Districts must quantify the reasonable impacts of proposed construction on existing capital
facilities and establish an impact fee no greater than those construction and improvement costs.
Districts must notify impacted local governments no later than 60 days before the adopting the
impact fee, and those impacted may file an action for declaratory judgment to determine
whether the impact fee schedule complies with the provisions in this bill. Page 2
April 18, 2024 SB 24-194
The bill also permits fire and ambulance districts to levy a uniform sales tax at a rate determined
by the board of the district, subject to the approval of district voters. The sales tax rate may only
be levied on purchases of goods or services that fall within the state’s sales tax base. Any sales
tax approved by voters in a fire or ambulance district must be collected, administered, and
enforced by the Colorado Department of Revenue (DOR). If this bill passes, the administration
and collection process of any sales tax levied by a fire or ambulance district per the bill is
required to follow the provisions of Senate Bill 24-025, which modifies and harmonizes various
state statutes related to the state’s administration of local sales and use tax into one uniform
statute.
Impact fee waivers. The bill allows fire and ambulance districts to waive an impact fee on the
development of low- or moderate-income housing or affordable employee housing.
Background
Under current law, local governments impose and collect an impact fee or other similar
development charge on real estate developments. In addition to special assessment taxes, local
governments may assess impact fees for infrastructure and capital improvements in order to
support new property development in the jurisdiction. A portion of impact fees and other
comparable development charges are remitted to emergency services districts in the local
government’s jurisdiction to fund expenditures by a fire and emergency services providers.
State Expenditures
Department of Revenue (DOR). The bill may increase future DOR expenditures to program fire
district sales taxes in departmental software systems. Any impact is conditional upon voter
approval of these taxes. Any expenditures required would be addressed through the annual
budget process.
Local Government
Fire and ambulance districts that elect to impose impact fees and/or levy a sales and use tax rate
may incur election costs for the ballot measures approving or denying additional tax authority
delegated by the bill. Overall, it is expected that fire and ambulance districts would collect
increased fee and tax revenues compared to current law.
Since the bill disallows local governments from collecting an impact fee to be remitted to fire
and ambulance districts, local government workload may be minimally reduced as tax and fee
administration responsibilities are lessened.
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 24-194
State and Local Government Contacts
Counties Information Technology Law
Local Affairs Personnel Special District Association
Revenue RTD
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.