Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0937.01 Richard Sweetman x4333
HOUSE BILL 22-1308
House Committees Senate Committees
Agriculture, Livestock, & Water
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE COLORADO AGRICULTURAL101
WORKFORCE SERVICES PROGRAM IN THE DEPARTMENT OF102
AGRICULTURE TO PROVIDE RESOURCES SPECIFIC TO103
AGRICULTURAL
EMPLOYMENT , AND, IN CONNECTION104
THEREWITH, MAKING AN APPROPRIATION .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the Colorado agricultural workforce services
program (program) in the department of agriculture (department) and
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
McCormick, Amabile, Bacon, Bernett, Herod, Hooton, Lindsay, Lontine, McCluskie,
McLachlan, Michaelson Jenet, Ricks, Titone, Young
SENATE SPONSORSHIP
Donovan,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. requires the department to create and maintain an online resource portal
for agricultural employees and employers.
The bill also creates the Colorado agricultural workplace
improvement grant program (grant program) and requires the department
to administer the grant program and, subject to available appropriations,
award grants. The department may determine minimum eligibility
requirements for grant recipients; however, the department may award
grants only:
! To entities that provide services to Colorado agricultural
employers or agricultural employees; and
! For the purpose of facilitating labor law compliance,
improving workplaces, and providing education to
agricultural employees to help them understand their legal
rights.
On or before January 1, 2023, and on or before January 1 each year
thereafter, the department shall submit to the agriculture, livestock, and
water committee of the house of representatives and the agriculture and
natural resources committee of the senate a report concerning the
operations of the program, including the grant program.
For the 2022-23 state fiscal year, the general assembly must
appropriate $500,000 from the general fund to the department to
implement the program, including the grant program. Any unused money
does not revert to the general fund but is continuously appropriated to the
department.
The grant program is repealed, effective January 1, 2026.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds that:3
(a) Agriculture is one of the largest and most significant economic4
sectors in Colorado;5
(b) Agricultural employers and agricultural employees have the6
right to safe, dignified working conditions, and their economic needs are7
interdependent;8
(c) Farms and ranches must be economically viable in order to9
offer competitive wages for their employees and spread economic success10
within their communities and to the next generation; and11
1308-2- (d) Agricultural employees should expect fair wages that can lead1
to healthy, safe, and prosperous lives.2
(2) The general assembly therefore declares that the state should3
establish a multilingual online resource portal to offer services, technical4
assistance, training, and educational resources for agricultural employers5
and agricultural employees in order to:6
(a) Improve working conditions;7
(b) Ensure compliance with, and implementation of, state and8
federal labor laws, including newly enacted labor laws and regulations;9
and10
(c) Allow agricultural employees to gain an understanding of the11
rights they are afforded.12
(3) The general assembly further declares that the state should13
establish a temporary grant program to help agricultural employers14
construct, modify, or develop infrastructure and programming for15
workplace improvement for the benefit of agricultural employees, which16
infrastructure and programming may concern:17
(a) Heat stress protection;18
(b) Acute and chronic injury prevention;19
(c) Time-keeping equipment;20
(d) Workforce housing improvements;21
(e) The development of employee common areas;22
(f) In-person training and technical assistance; and23
(g) Other resources that help agricultural employers implement24
recent changes to labor laws.25
SECTION 2. In Colorado Revised Statutes, add 35-1-104.7 as26
follows:27
1308
-3- 35-1-104.7. Colorado agricultural workforce services program1
- online resource portal - Colorado agricultural workplace2
improvement grant program - rules - report - definitions - repeal.3
(1) T
HE COLORADO AGRICULTURAL WORKFORCE SERVICES PROGRAM IS4
CREATED IN THE DEPARTMENT . THE PROGRAM CONSISTS OF:5
(a) T
HE ONLINE RESOURCE PORTAL FOR AGRICULTURAL6
EMPLOYEES AND AGRICULTURAL EMPLOYERS DESCRIBED IN SUBSECTION7
(3)
OF THIS SECTION; AND8
(b) T
HE GRANT PROGRAM DESCRIBED IN SUBSECTION (4) OF THIS9
SECTION.10
(2) T
HE DEPARTMENT SHALL ADMINISTER THE PROGRAM ,11
INCLUDING THE GRANT PROGRAM , IN ACCORDANCE WITH THIS SECTION.12
(3) (a) A
S PART OF THE PROGRAM , THE DEPARTMENT SHALL13
ESTABLISH ON ITS OFFICIAL WEBSITE A PUBLICLY AVAILABLE PAGE THAT14
INCLUDES A PORTAL TO RESOURCES FOR USE BY AGRICULTURAL15
EMPLOYEES AND AGRICULTURAL EMPLOYERS . THE DEPARTMENT SHALL16
ENSURE THAT THE RESOURCES OF THE PORTAL ARE AVAILABLE IN BOTH17
E
NGLISH AND SPANISH.18
(b) F
OR THE PURPOSES OF THE ONLINE PORTAL DESCRIBED IN THIS19
SUBSECTION (3), THE DEPARTMENT SHALL CURATE VIDEO MODULES AND20
OTHER RESOURCES TO HELP AGRICULTURAL EMPLOYERS COMPLY WITH21
LABOR LAWS, INCLUDING THE SECTIONS SPECIFIED IN SUBSECTION22
(3)(d)(II)
OF THIS SECTION, AND HELP AGRICULTURAL EMPLOYEES23
UNDERSTAND THE RIGHTS THEY ARE AFFORDED , INCLUDING LINKS TO24
RELEVANT STATE AGENCIES AND NONGOVERNMENTAL ORGANIZATIONS .25
(c) T
HE DEPARTMENT MAY INCLUDE IN THE ONLINE PORTAL26
INFORMATION AND RESOURCES CONCERNING :27
1308
-4- (I) AGRICULTURAL EMPLOYEE SAFETY AND WORKING CONDITIONS ;1
(II) A
GRICULTURAL EMPLOYEE LABOR RIGHTS ;2
(III) M
ENTAL HEALTH;3
(IV) A
GRICULTURAL EMPLOYERS ' LABOR REQUIREMENTS; AND4
(V) O
THER RESOURCES FOR AGRICULTURAL EMPLOYEES OR5
AGRICULTURAL EMPLOYERS .6
(d) T
HE DEPARTMENT SHALL INCLUDE IN THE ONLINE PORTAL7
INFORMATION REGARDING :8
(I) A
WAGE AND HOUR CALCULATOR ; AND9
(II) T
HE REQUIREMENTS OF SECTIONS 8-6-101.5, 8-6-120,10
8-13.5-202,
8-13.5-203, AND 8-14.4-109.11
(e) IN ESTABLISHING AND MAINTAINING THE ONLINE PORTAL12
DESCRIBED IN THIS SUBSECTION (3), THE DEPARTMENT MAY CONSULT WITH13
THE COLORADO COOPERATIVE EXTENSION SERVICE DESCRIBED IN PART 714
OF ARTICLE 31 OF TITLE 23.15
(4) (a) T
HE COLORADO AGRICULTURAL WORKPLACE16
IMPROVEMENT GRANT PROGRAM IS HEREBY CREATED WITHIN THE17 DEPARTMENT TO PROVIDE GRANTS FOR THE PURPOSE OF HELPING18
EMPLOYERS MAKE WORKPLACE IMPROVEMENTS OR IMPLEMENT CHANGES19
NEEDED TO COMPLY WITH LABOR AND WORKPLACE REQUIREMENTS .20
(b) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM IN21
ACCORDANCE WITH THIS SUBSECTION (4) AND, SUBJECT TO AVAILABLE22
APPROPRIATIONS, SHALL AWARD GRANTS AS PROVIDED IN THIS23
SUBSECTION (4) OUT OF MONEY APPROPRIATED FOR THE PROGRAM .24
(c) T
HE DEPARTMENT MAY DETERMINE MINIMUM ELIGIBILITY25
REQUIREMENTS FOR GRANT RECIPIENTS ; EXCEPT THAT THE DEPARTMENT26
SHALL AWARD GRANTS ONLY :27
1308
-5- (I) TO:1
(A) COLORADO AGRICULTURAL EMPLOYERS ; OR2
(B) ENTITIES THAT PROVIDE SERVICES TO COLORADO3
AGRICULTURAL EMPLOYERS, INCLUDING RESOURCES FOR THE BENEFIT OF4
AGRICULTURAL EMPLOYEES ; AND5
(II) F
OR THE PURPOSES OF FACILITATING LABOR LAW COMPLIANCE ,6
IMPROVING WORKPLACES, AND PROVIDING EDUCATION TO AGRICULTURAL7
EMPLOYEES TO HELP THEM UNDERSTAND THE RIGHTS THEY ARE8
AFFORDED.9
(d) I
N AWARDING AND DECLINING TO AWARD GRANTS , THE10
DEPARTMENT SHALL CONSIDER THE FOLLOWING CRITERIA :11
(I) T
HE NUMBER OF AGRICULTURAL EMPLOYERS OR AGRICULTURAL12
EMPLOYEES IMPACTED BY THE PROPOSED GRANT ;13
(II) T
HE AMOUNT OF MATCHING FUNDS , INCLUDING IN-KIND14
MATCHES, ASSOCIATED WITH THE PROPOSED GRANT ; AND15
(III) T
HE GEOGRAPHIC DISTRIBUTION AND GEOGRAPHIC REACH OF16
THE PROJECT FOR WHICH THE GRANT IS INTENDED .17
(e) T
HE COMMISSIONER SHALL PROMULGATE RULES AS NECESSARY18
TO IMPLEMENT THE GRANT PROGRAM . AT A MINIMUM, THE RULES MUST19
SPECIFY THE MINIMUM ELIGIBILITY REQUIREMENTS FOR GRANT20
RECIPIENTS, THE TIME FRAMES FOR APPLYING FOR GRANTS , THE FORM OF21
THE GRANT PROGRAM APPLICATION , AND ANY CRITERIA, IN ADDITION TO22
THE CRITERIA DESCRIBED IN SUBSECTION (4)(d) OF THIS SECTION, THAT23
THE DEPARTMENT USES IN AWARDING GRANTS .24
(f) T
HE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL25
REVIEW APPLICATIONS RECEIVED PURSUANT TO THIS SUBSECTION (4).26
(g) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JANUARY 1,27
1308
-6- 2026.1
(5) O
N OR BEFORE JANUARY 1, 2023, AND ON OR BEFORE JANUARY2
1
EACH YEAR THEREAFTER , THE DEPARTMENT SHALL SUBMIT TO THE3
AGRICULTURE, LIVESTOCK, AND WATER COMMITTEE OF THE HOUSE OF4
REPRESENTATIVES AND THE AGRICULTURE AND NATURAL RESOURCES5
COMMITTEE OF THE SENATE , OR TO ANY SUCCESSOR COMMITTEES , A6
REPORT CONCERNING THE OPERATIONS OF THE PROGRAM , INCLUDING THE7
GRANT PROGRAM , WHICH REPORT, AT A MINIMUM, INCLUDES THE8
FOLLOWING INFORMATION CONCERNING THE GRANT PROGRAM FOR THE9
DURATION OF THE GRANT PROGRAM :10
(a) T
HE NUMBER OF GRANTS AWARDED IN THE PRECEDING YEAR ;11
(b) T
HE AMOUNT OF EACH GRANT ; AND12
(c) T
HE PURPOSE FOR WHICH EACH GRANT WAS AWARDED .13
. (6) (a) F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL14
ASSEMBLY SHALL APPROPRIATE TWO HUNDRED FIFTEEN THOUSAND15
DOLLARS FROM THE GENERAL FUND TO THE DEPARTMENT TO IMPLEMENT16
THE ONLINE RESOURCE PORTAL DESCRIBED IN SUBSECTION (3) OF THIS17
SECTION. ANY UNUSED MONEY DOES NOT REVERT TO THE GENERAL FUND18
BUT IS CONTINUOUSLY APPROPRIATED TO THE DEPARTMENT .19
(b) T
HE DEPARTMENT IS AUTHORIZED TO SEEK , SOLICIT, ACCEPT,20
AND EXPEND GIFTS, GRANTS, AND DONATIONS FOR THE PURPOSES OF THIS21
SECTION.22
(7) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE23
REQUIRES:24
(a) "A
GRICULTURAL EMPLOYEE " HAS THE MEANING SET FORTH IN25
SECTION 8-2-206 (1)(b).26
(b) "A
GRICULTURAL EMPLOYER " HAS THE MEANING SET FORTH IN27
1308
-7- SECTION 8-3-104 (1).1
(c) "G
RANT PROGRAM" MEANS THE COLORADO AGRICULTURAL2
WORKPLACE IMPROVEMENT GRANT PROGRAM CREATED IN SUBSECTION (4)3
OF THIS SECTION.4
(d) "P
ROGRAM" MEANS THE COLORADO AGRICULTURAL5
WORKFORCE SERVICES PROGRAM CREATED IN SUBSECTION (1) OF THIS6
SECTION.7
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal8
year, $215,000 is appropriated to the department of agriculture. This9
appropriation is from the general fund. To implement this act, the10
department may use this appropriation as follows:11
(a) $29,086 for use by the commissioners office and12
administrative services for personal services, which amount is based on13
an assumption that the office will require an additional 0.4 FTE; and14
(b) $185,914 for use by the agricultural markets division for the15
agriculture workforce development program.16
(2) For the 2022-23 state fiscal year, $42,859 is appropriated to17
the department of labor and employment for use by the division of labor18
standards and statistics. This appropriation is from the general fund and19
is based on an assumption that the division will require an additional 0.520
FTE. To implement this act, the division may use this appropriation for21
program costs related to labor standards.22
SECTION 4. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
1308
-8- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2022 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
1308
-9-