Colorado Legislative Council Staff



(replaces fiscal impact dated April 1, 1999)

Drafting Number:

Prime Sponsor(s):

LLS 99-0797

Rep. Witwer

Sen. Sullivant


Bill Status:

Fiscal Analyst:

April 7, 1999

House - Second Reading

Janis Baron (303-866-3523)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

Cash Fund Exempt

Possible Gifts, Grants, and Donations

State Expenditures

Cash Fund Exempt

Federal Funds

Subject to Receipt of Gifts, Grants, and Donations

FTE Position Change

0.0 FTE

0.0 FTE

Other State Impact: None

Effective Date: Upon signature of the Governor

Appropriation Summary for FY 1999-2000: None required.

Local Government Impact: None

Summary of Legislation

            The bill, as amended by the House Business Affairs and Labor Committee, April 6, 1999, provides that in addition to all other powers and duties, the Department of Public Health and Environment (DPHE) has the authority to study whether there are possible harmful health effects of nonionizing radiation on persons living in close proximity to broadcast antennas and broadcast towers. DPHE is authorized to contract with an independent entity to conduct the study. For purposes of the study, the contractor is required to comply with confidentiality requirements regarding medical records and reports. The bill creates the Nonionizing Radiation Study Fund to be comprised of gifts, grants, donations, and federal funds received by DPHE; and any General Fund appropriations made by the General Assembly.

State Revenues

            The bill establishes the Nonionizing Radiation Study Fund comprised of gifts, grants, or donations from the federal government or private sources and moneys appropriated by the General Assembly. The amount of gifts, grants, or donations to the fund would be exempt from state revenue considerations for TABOR. The amount of any private and/or governmental gifts and grants has not been estimated.

State Expenditures

            Although the bill grants DPHE the authority to conduct a study on the effect of nonionizing radiation, the bill does not require DPHE to conduct the study. The bill's legislative declaration directs DPHE to conduct environmental studies in an area to be determined by the department and to include but not be limited to Lookout Mountain, Genesee, and Golden. DPHE estimates the cost of such study to be $150,000.

            The bill establishes the Nonionizing Radiation Fund, subject to annual appropriation by the General Assembly, to be comprised of General Fund appropriations made by the General Assembly, in addition to gifts, grants, awards, or federal funds. As amended, the bill requires that the study shall not be implemented until sufficient grants, donations, and gifts are obtained to support its implementation.

            The fiscal note assumes that the bill carries a conditional fiscal impact for two reasons:


               the study is not required; and

               the study shall not be implemented until sufficient grants, donations, and gifts are obtained.

            At present, no sources of funding have been identified for the purpose of conducting the study in FY 1999-00. The fiscal note assumes that because the study cannot be implemented without sufficient grants, donations, and gifts, the study will not be implemented in FY 1999-00. Should the department identify a source of funds in FY 2000-01 or beyond, the department would require an appropriation to implement the study at that time.

State Appropriations

            None required in FY 1999-00.


Departments Contacted

            Public Health and Environment