Colorado Legislative Council Staff



TABOR Refund Impact

No State General Fund Impact

State Cash Fund Revenue Impact

Local Expenditure Impact

Drafting Number:

Prime Sponsor(s):

LLS 98-323

Rep. Clarke

Sen. Tanner


Bill Status:

Fiscal Analyst:

February 1, 1998

House Local Government

Scott Nachtrieb (866-4752)



Summary of Legislation

            The bill would create a rebuttable presumption against approving any application to build or operate a high impact solid waste management facility within a 12-mile radius of a similar facility, a superfund site, or a disposal site for radioactive waste. The presumption would be rebutted by a showing that no other suitable site is available within the disposal district or a 12-mile radius of the site because of geological restraints or evidence that other sites are inappropriate because all sites conflict with existing land use plans, disturb the habitat of an endangered species, would adversely affect the public use of a local, state, or federal facility, or are in a 100-year floodplain. A community may also accept a site because of economic incentives provided by the facility. Applications for the construction or operation of a high impact solid waste management facility would include findings by the host communities with respect to the above-described rebuttable presumption. The provision that exempts transfer stations from state regulation as a solid waste disposal site and facility would be repealed. This bill would become effective July 1, 1998.


FY 1998/99

FY 1999/2000

State Revenues

General Fund

Solid Waste Management Reserve Fund



State Expenditures

General Fund

Other Fund



FTE Position Change



Local Government Impact — See Local Government Impact section

State Revenues

            The bill would subject solid waste transfer stations to state regulations. It is assumed that existing waste transfer stations would be grandfathered in and would not require state review. It is estimated that two new transfer stations would apply in each of the next two fiscal years. It takes approximately 40 hours to review an application for approval or disapproval at $25.30 an hour. The entity applying for the site would pay the costs of the application approval. This would generate $2,024 in cash funds to the Solid Waste Management Reserve Fund (2 sites X 40 hours X $25.3). The cost of generating rules and regulations for this program would be minimal.

TABOR Refund Impact

            Section 20 of Article X of the Colorado Constitution, limits the maximum annual percentage increase in state fiscal year spending. Once total state revenue from all sources that are not specifically excluded from fiscal year spending exceeds these limits for the fiscal year, the state constitution requires that the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Based on the current Legislative Council economic forecast, it is projected that the state will be in a TABOR refund position during each of the next five fiscal years. Any increase or decrease in state revenue from changes in fees, fines, licenses, or other revenue sources will affect the amount of the state revenue to be refunded.

State Expenditures

            The Department of Public Health and Environment would have an increase in workload of approximately 40 hours per application for a solid waste transfer site. It is estimated that two sites per year would apply. This would require 80 hours of additional workload. The department would not require any additional resources to implement the provisions of this bill

Local Government Impact

            The bill would add more conditions that must be met before a solid waste management facility would be approved. It would appear that the additional criteria would increase the time and resources necessary to approve a facility. Local governments seeking a waste disposal site would incur additional costs to have a facility approved.

Spending Authority

            This fiscal note implies that no additional spending authority would be required to implement the provisions of this bill in FY 1998-99.

Departments Contacted

            Public Health and Environment