Colorado Legislative Council Staff



Drafting Number:

Prime Sponsor(s):

LLS 99-0333

Rep. Clarke


Bill Status:

Fiscal Analyst:

December 18, 1998

House Local Government

Scott Nachtrieb (303-866-4752)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

Cash Fund



State Expenditures

Cash Fund



FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: TABOR

Effective Date: 90 days unless a referendum is filed

Appropriation Summary for FY 1999-2000: Department of Health - $3,177 CF

Local Government Impact: Increased costs for certificates of designation for new transfer stations.

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 flood plain. 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The provision that exempts transfer stations from state regulation as a solid waste disposal site and facility would be repealed.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.

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 30 hours per applications for approval or disapproval at $72.47 an hour. The entity applying for the site would pay the costs of the application approval totaling $4,348 in cash funds to the Solid Waste Management Reserve Fund (2 sites X 30 hours X $72.47=$4,338) in FY 1999-2000. It is estimated that it will require 16 hours per application in FY 2000-01, resulting in $2,319 added revenue (2 sites X 16 hours X$72.47 = $2,319). Should the waste for these transfer stations be subject to the 20 cent per cubic yard tipping fee, this would generate another $6,034 in additional revenues annually. The total estimated revenues would be $10,382 in FY 1999-2000 and $8,353 in FY 2000-01.

State Expenditures

            The Department of Public Health and Environment would incur a one-time cost in FY 1999-00 for promulgating rules and regulations. The cost of developing rules and regulations for this program would be approximately $1,296. The department would also have a minimal increase in workload for each application for a solid waste transfer site. It is assumed that existing transfer stations would be grandfathered in and would not be subject to the provisions of this bill. It is estimated that two sites per year would apply and that the Department of Public Health and Environment would require $1,881 in cash funds to review the two waste transfer applications. The total estimated cost would be $3,177 in FY 1999-00 and $1,714 in FY 2000-01.

Expenditures Not Included

            Pursuant to the Joint Budget Committee’s budget policies, the following expenditures have not been included in this fiscal note:


               health and life insurance costs;

               short-term disability costs;

               inflationary cost factors;

               leased space; and

               indirect costs.

Local Government Impact

            Local governments would incur additional expenses for obtaining certificates of designation for the new transfer stations created.

State Appropriations

            The Department of Public Health and Environment would require $3,177 in cash fund spending authority from the Solid Waste Management Fund in FY 1999-00 to implement the provisions of this bill.

Departments Contacted

            Public Health and Environment