Colorado 2024 2024 Regular Session

Colorado Senate Bill SB212 Introduced / Fiscal Note

Filed 04/23/2024

                    Page 1 
April 23, 2024   SB 24-212 
 
 
 Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
 
Fiscal Note  
  
 
Drafting Number: 
Prime Sponsors: 
LLS 24-0838  
Sen. Hansen; Fenberg 
  
Date: 
Bill Status: 
Fiscal Analyst: 
April 23, 2024  
Senate Transportation & Energy  
Josh Abram | 303-866-3561 
josh.abram@coleg.gov  
Bill Topic: LOCAL GOVERNMENTS RENEWABLE ENERGY PROJECTS  
Summary of  
Fiscal Impact: 
☐ State Revenue 
☒ State Expenditure 
☐ State Transfer 
☐ TABOR Refund 
☒ Local Government 
☐ Statutory Public Entity 
 
The bill requires that the Department of Natural Resources provide technical support 
to local and tribal governments related to renewable energy projects, and requires 
that the Department of Local Affairs and the Governor’s Energy Office jointly develop 
a repository of model codes and ordinances for renewable energy projects. The bill 
increases state expenditures and may decrease local workload beginning FY 2024-25.  
Appropriation 
Summary: 
For FY 2024-25, the bill requires appropriations totaling $403,481 to the Department 
of Natural Resources. 
Fiscal Note 
Status: 
The fiscal note reflects the introduced bill. 
Table 1 
State Fiscal Impacts Under SB 24-212 
  
Budget Year 
FY 2024-25 
Out Year 
FY 2025-26 
Revenue  	-     	-     
Expenditures 	Cash Funds 	$403,481  $455,201  
 	Federal Funds 	$79,346  	- 
 
Centrally Appropriated 	$66,706  $74,552  
 
Total Expenditures 	$549,533  $529,753  
 	Total FTE 	3.5 FTE 4.0 FTE 
Transfers  	-  	-  
Other Budget Impacts  	- 	- 
   Page 2 
April 23, 2024   SB 24-212 
 
 
Summary of Legislation 
The bill requires certain state agencies to provide technical support to project developers, local 
governments, and tribal governments for renewable energy projects. Local or tribal 
governments may request support from the Energy and Carbon Management Commission in 
the Department of Natural Resources (DNR) about the development of local codes for 
renewable energy projects or the review of proposed projects. The Colorado Parks and Wildlife 
(CPW) in DNR must provide, upon request, best management practices for renewable energy 
projects based on habitat impacts and project-specific, high-priority habitats. 
No later than June 30, 2025, the DNR, the Colorado Energy Office (CEO), and the Department of 
Local Affairs (DOLA) must collaborate on a repository of model codes and ordinances that local 
and tribal governments may consider. Finally, the CEO must submit a report to the General 
Assembly by September 30, 2025, that evaluates solar and wind energy projects parameters, 
including siting, streamlined development, and other impacts. 
The bill prohibits local governments from granting permits for renewable energy facilities on 
tribal lands without consent from the tribal government.  
State Expenditures 
The bill increases state expenditures in the Department of Natural Resources by about $465,000 
in FY 2024-25, and by about $530,000 in FY 2025-26, paid from the Wildlife Cash Fund and the 
Energy and Carbon Management Cash Fund. It also increases state expenditures in the Colorado 
Energy Office by about $85,000 in FY 2024-25 only, paid from federal funds. The bill also 
increases workload in the Department of Local Affairs. Expenditures are shown in Table 2 and 
detailed below. 
   Page 3 
April 23, 2024   SB 24-212 
 
 
Table 2 
Expenditures Under SB 24-212 
 	FY 2024-25 FY 2025-26 
DNR – Colorado Parks and Wildlife   
Personal Services 	$87,796  $109,745  
Operating Expenses 	$1,024  $1,280  
Capital Outlay Costs 	$6,670  	-  
Centrally Appropriated Costs
1
 	$14,895  $18,619  
FTE – Personal Services 	0.8 FTE 	1.0 FTE 
CPW Subtotal 	$110,385  $129,644  
DNR – Energy Carbon Management Commission   
Personal Services 	$274,481  $330,036  
Operating Expenses 	$3,200  $3,840  
Capital Outlay Costs 	$20,010  	- 
Vehicle Lease 	$3,694  $3,694  
Vehicle Operating 	$6,606  $6,606  
Centrally Appropriated Costs
1
 	$46,559  $55,933  
FTE – Personal Services 	2.5 FTE 	3.0 FTE 
ECMC Subtotal 	$354,550  $400,108  
Colorado Energy Office
2
   
Personal Services 	$29,346  	-    
Study of Local Government Renewable Energy Projects 	$50,000  	-    
Centrally Appropriated Costs
1
 	$5,252  	-    
FTE – Personal Services 	0.2 FTE 	- 
CEO Subtotal 	$84,598  	- 
Total $549,533  $529,753  
Total FTE 3.5 FTE 4.0 FTE 
1
 Centrally appropriated costs are not included in the bill's appropriation. 
2
 These expenditures are from federal funds, which are not included in the bill’s appropriation. 
 
  Page 4 
April 23, 2024   SB 24-212 
 
 
Department of Natural Resources. The bill increases expenses for Colorado Parks and Wildlife 
and the Energy and Carbon Management Commission. The DNR will require 3.3 FTE in 
FY 2024-25, which annualizes to 4.0 FTE beginning FY 2025-26 to support local governments, 
tribal governments, and facility owners in the development of renewable energy projects—with 
3.0 FTE at the ECMC and 1.0 FTE at CPW. Staffing estimates are based on the volume of requests 
currently being received by DNR for assistance related to the state’s greenhouse gas emission 
reduction goals. For FY 2024-25, this volume is anticipated to increase by 30 percent compared 
to the baseline set of requests received in FY 2021-22 and FY 2022-23. Beginning FY 2025-26, 
request volume is estimated to increase by 20 percent annually thereafter. Standard operating 
and capital outlay costs are included and FTE   
Colorado Energy Office. The CEO will add 0.2 FTE Senior Policy Lead to develop a study and 
publish a repository of model codes and ordinances in coordination with the Department of 
Local Affairs. Workload includes data collection, stakeholder outreach, departmental 
collaboration, and drafting and publishing. The CEO will also contract with outside experts for 
$50,000 to prepare the final product. CEO’s expenses are paid by federal block grants from the 
Department of Energy. 
Department of Local Affairs. DOLA will have an increase in workload to collaborate with other 
departments to develop and publish a repository of model codes and ordinances that local and 
tribal governments may consider. This effort does not require new appropriations. 
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. 
Local Government 
The bill may decrease workload in any local government that uses technical support or model 
codes to facilitate the development of renewable energy projects. 
Effective Date 
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming 
no referendum petition is filed. 
State Appropriations 
For FY 2024-25, the bill requires the following cash fund appropriations:  
 $95,490 from the Wildlife Cash Fund to the Department of Natural Resources, and 0.7 FTE; 
and, 
 $307,991 from the Energy and Carbon Management Cash Fund to the Department of 
Natural Resources, and 2.5 FTE.  Page 5 
April 23, 2024   SB 24-212 
 
 
State and Local Government Contacts 
Colorado Energy Office    Local Affairs    Natural Resources  
 
 
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.