Colorado Legislative Council Staff



Drafting Number:

Prime Sponsor(s):

LLS 99-0965

Rep. Spradley

Sen. Lacy


Bill Status:

Fiscal Analyst:

April 23, 1999

House Agriculture

Steve Tammeus (866-2756)



Fiscal Impact Summary

FY 1999/2000

FY 2000/2001

State Revenues

General Fund



State Expenditures

General Fund



FTE Position Change

0.3 FTE

0.0 FTE

Other State Impact: None

Effective Date: Upon signature of the Governor.

Appropriation Summary for FY 1999-2000:

Department of Public Health and Environment - $20,823 and 0.3 FTE - General Fund

Local Government Impact: None

Summary of Legislation


            This bill revises certain statutory provisions regarding the regulation of odor emissions of housed commercial swine feeding operations that were approved by the voters at the 1998 General Election. These provisions were approved in conjunction with statutes that require an individual discharge permit from the Water Quality Control Division to protect water quality.

            The bill defines "best management practices" and requires wastewater vessels, impoundments, and lagoons on such swine feeding operations to use best management practices to manage odorous gases rather than to cover the storage facility or to employ technologies to ensure maintenance of aerobic conditions. The bill requires the Air Quality Control Commission to promulgate rules by December 1, 1999 to require such swine feeding operations to employ best management practices by July 1, 2000 rather than July 1, 1999.

            The bill requires the commission to submit rules to the Legislative Council for review in the same manner as rules pertaining to the Air Quality State Implementation Plan (SIP), however, the rules are not to be included in the SIP. The bill requires the commission to amend existing odor control regulations to conform to the provisions of this bill by December 1, 1999.

            Under current law, any person who may be adversely affected by such a swine feeding operation may file civil suit in the county in which the person resides. This bill limits that authority to any person whose property is adversely affected to file a civil suit in the county in which the operation is located after exhaustion of all administrative remedies as specified by law.

State Expenditures


            Department of Public Health and Environment. This bill will require the Air Pollution Control Division within the Department of Public Health and Environment to support the Air Quality Control Commission in the promulgation of rules for the employment of best management practices. The division will require additional, one-time, personal services, operating expenses, and legal services to prepare all documents and conduct public hearings in the state. Table 1 provides a summary of the division's General Fund expenditures to support the provisions of the bill.

Table 1 - Air Pollution Control Division

General Fund Expenditures


FY 1999-2000

FY 2000/2001

Personal Services

Env. Prot. Spec. II



0.3 FTE - $12,438




Operating Expenses



Legal Expenses - Dept. of Law

100 hours - $5,287


Non-recurring Expenses



Total Expenses

0.3 FTE - $20,823


            Department of Agriculture. The bill requires the department, in consultation with the Colorado Cooperative Extension Service and the Division of Air Pollution Control, to identify best management practices to mitigate off-site odor emissions from such swine feeding operations. The department will be able support these activities within existing resources.

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 of $663;

               short-term disability costs of $26;

               inflationary cost factors;

               leased space; and

               indirect costs.

State Appropriations


            The Department of Public Health and Environment will require a General Fund appropriation of $20,823 and 0.3 FTE for allocation to the Air Pollution Control Division for FY 1999-2000. Of this amount, the Department of Law will require a cash fund exempt spending authority of $5,827.

Departments Contacted


            Public Health and Environment         Agriculture                 Law