Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0235.02 Jennifer Berman x3286
SENATE BILL 22-131
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPROVE POLLINATOR HABITATS FOR THE101
PROTECTION OF THE ENVIRONMENT .102
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 implements a number of measures to protect pollinators
and people throughout the state. Section 1 of the bill makes legislative
findings.
Section 2 restricts the use of pesticides on the grounds of a school,
preschool program, child care center, or children's resident camp and
requires that notification be sent when a pesticide is used at such a
SENATE SPONSORSHIP
Jaquez Lewis and Priola,
HOUSE SPONSORSHIP
Kipp and Froelich, Duran
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. location. The executive director of the department of public health and
environment may adopt rules to implement section 2.
Section 3 requires the executive director of the department of
natural resources or the executive director's designee (DNR executive
director) to conduct a study on how to address pollinator decline and
increase pollinator health in the state. In conducting the study, the DNR
executive director shall consult with other state agencies and with
scientists with expertise in pollinator health, ecological processes,
biodiversity, native plants, and ecological land management. The DNR
executive director shall submit a report of the study to the general
assembly and the governor on or before January 1, 2024.
Section 4 creates a pilot grant program in the department of
agriculture to provide financial grants to agricultural producers to test the
use of noncoated seed-applied systemic insecticide on their crops.
Sections 5 and 6 require the commissioner of agriculture to adopt
rules designating as restricted-use certain pesticides that contain an active
ingredient belonging to the neonicotinoid class of insecticides or the
sulfoxomine class of insecticides, but allowing the use of such pesticides
in pet care, personal care, wood preservatives, and indoor pest-control
products and products used on golf courses. The commissioner's rules
will not affect the use of the restricted-use pesticides for agricultural
purposes.
Sections 7 through 10 authorize local governments to regulate
pesticide use and remove certain preemptions regarding local government
regulation of pesticide use.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and determines that:3
(a) Pollinators are vital to ecosystem health and are essential in4
producing much of our food supply;5
(b) Pollination supports the state's agriculture and the state's6
overall economy;7
(c) Pollinators provide critical ecosystem benefits that are8
essential to maintaining the diversity of the state's native flowering plants9
and the state's biodiversity;10
(d) The decline in pollinator populations has implications for the11
SB22-131-2- state's food supply, the resilience of the state's ecosystems, and the health1
of the state's citizens; and2
(e) The protection of healthy and diverse habitats in the state3
protects the health of its pollinators and people alike.4
(2) The general assembly declares that the state should establish5
a comprehensive framework for the protection of both pollinators and6
people through the creation of programs that:7
(a) Build healthy, diverse, and sustainable habitats for pollinators;8
(b) Improve agricultural practices;9
(c) Promote the protection of safe and healthy ecosystems that10
support both pollinator and human health;11
(d) Grant local governments the authority to protect local12
resources and public health; and13
(e) Raise awareness throughout the state of the need to protect14
pollinators.15
SECTION 2. In Colorado Revised Statutes, add part 14 to article16
5 of title 25 as follows:17
PART 1418
REDUCTION OF CHILDREN'S 19
EXPOSURE TO PESTICIDES20
25-5-1401. Definitions. A
S USED IN THIS PART 14, UNLESS THE21
CONTEXT OTHERWISE REQUIRES :22
(1) "C
HILD CARE CENTER" MEANS A FACILITY REQUIRED TO BE23
LICENSED UNDER THE "CHILD CARE LICENSING ACT", PART 1 OF ARTICLE24
6
OF TITLE 26.25
(2) "C
HILDREN'S RESIDENT CAMP" MEANS A FACILITY:26
(a) O
PERATING FOR THREE OR MORE CONSECUTIVE27
SB22-131
-3- TWENTY-FOUR-HOUR DAYS DURING ONE OR MORE SEASONS OF THE YEAR1
FOR THE CARE OF FIVE OR MORE CHILDREN ; AND2
(b) T
HE PURPOSE OF WHICH IS TO PROVIDE A GROUP LIVING3
EXPERIENCE OFFERING EDUCATION AND RECREATIONAL ACTIVITIES IN AN4
OUTDOOR ENVIRONMENT , REGARDLESS OF WHETHER THE RECREATIONAL5
ACTIVITIES OCCUR AT THE PERMANENT CAMP PREMISES OR ON TRIPS OFF6
THE PREMISES.7
(3) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF8
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT APPOINTED9
PURSUANT TO SECTION 25-1-102 (1) OR THE EXECUTIVE DIRECTOR 'S10
DESIGNEE.11
(4) "G
UARDIAN" MEANS A GUARDIAN OF ANY CHILD OR CHILDREN12
ATTENDING A SPECIFIC SCHOOL , PRESCHOOL PROGRAM , CHILD CARE13
CENTER, OR CHILDREN'S RESIDENTIAL CAMP.14
(5) (a) "P
ESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF15
SUBSTANCES INTENDED:16
(I) T
O PREVENT, DESTROY, REPEL, OR MITIGATE ANY PEST; OR17
(II) F
OR USE AS A PLANT REGULATOR, DEFOLIANT, OR DESICCANT.18
(b) "P
ESTICIDE" DOES NOT INCLUDE AN ARTICLE THAT THE UNITED19
S
TATES FOOD AND DRUG ADMINISTRATION DESI GNATES AS A "NEW20
ANIMAL DRUG".21
(6) "P
RESCHOOL PROGRAM " MEANS A DISTRICT PRESCHOOL22
PROGRAM ESTABLISHED PURSUANT TO SECTION 22-28-107 OR A SIMILAR23
PREKINDERGARTEN PROGRAM FOR CHILDREN .24
(7) "P
ROPERTY" MEANS ALL PROPERTY THAT IS OWNED , LEASED,25
RENTED, OR OTHERWISE USED BY A CHILD CARE CENTER , CHILDREN'S26
RESIDENT CAMP, PRESCHOOL PROGRAM , OR SCHOOL, INCLUDING ANY27
SB22-131
-4- PLAYGROUND, ATHLETIC FIELD, RECREATIONAL AREA, PARKING AREA, AND1
THE GROUNDS SURROUNDING ANY BUILDING .2
(8) "S
CHOOL" MEANS:3
(a) A
PUBLIC SCHOOL MAINTAINED AND OPERATED BY A SCHOOL4
DISTRICT FOR THE EDUCATION OF SOME OR ALL GRADES BETWEEN5
KINDERGARTEN AND TWELFTH GRADE ;6
(b) A
DISTRICT CHARTER SCHOOL AS DEFINED IN SECTION7
22-11-103
(12);8
(c) A
N INSTITUTE CHARTER SCHOOL AS DEFINED IN SECTION9
22-11-103
(17); OR10
(d) A
PRIVATE SCHOOL AS DEFINED IN SECTION 22-30.5-103 (6.5).11
25-5-1402. Prohibit use of pesticides on grounds of children's12
education, care, and recreational facilities - exemptions - rules.13
(1) O
N AND AFTER JANUARY 1, 2026, AND EXCEPT AS PROVIDED IN14
SUBSECTIONS (2) AND (3) OF THIS SECTION, IT IS UNLAWFUL TO USE A15
PESTICIDE ON THE GROUNDS OF A SCHOOL , PRESCHOOL PROGRAM, CHILD16
CARE CENTER, OR CHILDREN'S RESIDENT CAMP PROPERTY.17
(2) A
PESTICIDE MAY BE USED ON THE PROPERTY OF A SCHOOL ,18
PRESCHOOL PROGRAM , CHILD CARE CENTER, OR CHILDREN'S RESIDENT19
CAMP IF:20
(a) T
HE PESTICIDE IS A DISINFECTANT;21
(b) T
HE PESTICIDE IS APPLIED INSIDE OF OR ON THE EXTERIOR OF22
A BUILDING ON THE PROPERTY; OR23
(c) T
HE PESTICIDE IS USED ON THE GROUNDS OF A PROPERTY ON AN24
EMERGENCY BASIS BASED ON THE DETERMINATION BY THE HEAD25
ADMINISTRATOR OF THE SCHOOL , PRESCHOOL PROGRAM , CHILD CARE26
CENTER, OR CHILDREN'S RESIDENT CAMP THAT USE OF THE PESTICIDE IS27
SB22-131
-5- FOR THE PURPOSE OF ELIMINATING AN IMMEDIATE THREAT TO HUMAN1
HEALTH, SUCH AS FOR THE PURPOSE OF ELIMINATING TICKS , STINGING2
INSECTS, POISON IVY, POISON OAK, OR POISON SUMAC.3
(3) (a) (I) T
HE FOLLOWING PESTICIDES MAY BE USED ON THE4
GROUNDS OF A SCHOOL, PRESCHOOL PROGRAM, CHILD CARE CENTER, OR5
CHILDREN'S RESIDENT CAMP WITHOUT REQUIRING NOTIFICATION TO6
GUARDIANS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS SECTION:7
(A) A
PESTICIDE OR SOIL FERTILITY PRODUCT FOR WHICH THE8
ACTIVE INGREDIENTS ARE RECOMMENDED BY THE NATIONAL ORGANIC9
STANDARDS BOARD ESTABLISHED PURSUANT TO 7 U.S.C. SEC. 6518, AS10
AMENDED, FOR INCLUSION IN THE NATIONAL LIST OF PRODUCTS ALLOWED11
AS INGREDIENTS IN PRODUCTS LABELED "ORGANIC" OR "MADE WITH12
ORGANIC", WHICH LIST IS PUBLISHED BY THE UNITED STATES DEPARTMENT13
OF AGRICULTURE UNDER 7 CFR 205.601 AND 205.602; AND14
(B) A
PESTICIDE THAT IS DESIGNATED AS A MINIMUM RISK15
PESTICIDE UNDER THE "FEDERAL INSECTICIDE, FUNGICIDE, AND16
R
ODENTICIDE ACT", 7 U.S.C. SEC. 136 ET SEQ., AS AMENDED, AND LISTED17
IN UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGULATIONS18
IN 40 CFR 152.25 (f).19
(II) E
XCEPT WITH RESPECT TO EMERGENCY PESTICIDE USE20
PERFORMED PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION OR USE OF21
PESTICIDES IN ACCORDANCE WITH SUBSECTION (3)(a)(I)(A) OR (3)(a)(I)(B)22
OF THIS SECTION, BEFORE USING ANY PESTICIDES ON THE GROUNDS OF A23
PROPERTY, A SCHOOL, PRESCHOOL PROGRAM , CHILD CARE CENTER, OR24
CHILDREN'S RESIDENT CAMP SHALL NOTIFY GUARDIANS AT LEAST25
FORTY-EIGHT HOURS BEFORE THE PESTICIDE USE.26
(III) W
ITH REGARD TO EMERGENCY PESTICIDE USE PURSUANT TO27
SB22-131
-6- SUBSECTION (2)(c) OF THIS SECTION, A SCHOOL, PRESCHOOL PROGRAM,1
CHILD CARE CENTER, OR CHILDREN'S RESIDENTIAL CAMP MUST NOTIFY2
GUARDIANS WITHIN FORTY -EIGHT HOURS AFTER THE EMERGENCY3
PESTICIDE USE.4
(b) A
NOTIFICATION SENT PURSUANT TO SUBSECTION (3)(a)(II) OR5
(3)(a)(III)
OF THIS SECTION MUST INCLUDE THE FOLLOWING INFORMATION :6
(I) I
NFORMATION IDENTIFYING EACH PESTICIDE USED OR THAT7
WILL BE USED, INCLUDING:8
(A) T
HE NAME OF THE PESTICIDE PRODUCT; AND9
(B) A
WEBSITE LINK TO THE PRODUCT LABEL FOR THE PESTICIDE ,10
IF AVAILABLE ONLINE, OR A WEBSITE LINK FOR THE PRODUCT, OR BOTH;11
(II) T
HE DATE AND TIME OF DAY THAT EACH PESTICIDE WAS USED12
OR WILL BE USED; AND13
(III) T
HE LOCATION ON THE GROUNDS OF THE PROPERTY WHERE14
EACH PESTICIDE WAS USED OR WILL BE USED AND THE REASON FOR15
APPLICATION OF THE PESTICIDE.16
(4) T
HE EXECUTIVE DIRECTOR MAY PROMULGATE RULES AS17
NECESSARY TO IMPLEMENT THIS PART 14.18
SECTION 3. In Colorado Revised Statutes, add 24-33-118 as19
follows:20
24-33-118. Pollinator health study - reporting. (1) T
HE21
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES ,22
REFERRED TO IN THIS SECTION AS THE "EXECUTIVE DIRECTOR", OR THE23
EXECUTIVE DIRECTOR'S DESIGNEE SHALL CONDUCT A STUDY AND DEVELOP24
RECOMMENDATIONS ON HOW TO ADDRESS THE CHALLENGES ASSOCIATED25
WITH POLLINATOR DECLINE AND INCREASE POLLINATOR HEALTH IN THE26
STATE. AT A MINIMUM, THE STUDY MUST:27
SB22-131
-7- (a) IDENTIFY THE SIGNIFICANCE OF HEALTHY POLLINATOR1
COMMUNITIES AND THE ROLE OF NATIVE POLLINATORS IN SUPPORTING2
HEALTHY ECOSYSTEMS AND HUMAN WELL -BEING;3
(b) S
UMMARIZE CURRENT KNOWLEDGE OF POLLINATOR HEALTH4
BASED ON EXISTING RESEARCH AND DATA ;5
(c) I
DENTIFY FACTORS THAT , WHETHER INDIVIDUALLY OR6
COMBINED, NEGATIVELY AFFECT POLLINATOR COMMUNITIES , INCLUDING:7
(I) C
HANGES IN LAND USE;8
(II) H
ABITAT LOSS AND FRAGMENTATION ;9
(III) L
AND-MANAGEMENT PRACTICES ;10
(IV) F
OOD AND NUTRITION;11
(V) P
ESTICIDES;12
(VI) P
ARASITES AND PATHOGENS; AND13
(VII) C
LIMATE CHANGE;14
(d) I
DENTIFY EXISTING POLLINATOR CONSERVATION PROJECTS IN15
THE STATE AND ANY PUBLIC -PRIVATE PARTNERSHIP AND FUNDING16
OPPORTUNITIES FOR POLLINATOR CONSERVATION ;17
(e) I
DENTIFY ANY GAPS IN KNOWLEDGE REGARDING POLLINATOR18
HEALTH, INCLUDING WILD BEE DISTRIBUTIONS AND POPULATION19
DYNAMICS, POLLINATOR SPECIES THAT ARE AT RISK OF DECLINE, AND BEST20
PRACTICES FOR LAND MANAGERS TO PROMOTE HEALTHY AND DIVERSE21
POLLINATOR COMMUNITIES ;22
(f) I
DENTIFY OPPORTUNITIES FOR:23
(I) P
OLLINATOR PROTECTION AND RECOVERY EFFORTS THROUGH24
THE DEVELOPMENT OF PROGRAMS THAT MITIGATE FACTORS THAT25
NEGATIVELY AFFECT POLLINATOR COMMUNITIES ; AND26
(II) T
HE DEVELOPMENT OF ECOLOGICAL LAND -MANAGEMENT27
SB22-131
-8- PRACTICES THAT RESTORE HABITAT FUNCTIONALITY ;1
(g) R
ECOMMEND HOW TO DEVELOP AN EDUCATION AND OUTREACH2
PROGRAM TO RAISE AWARENESS AND PUBLIC ENGAGEMENT REGARDING ,3
AND TO INCENTIVIZE ACTION TO BENEFIT, POLLINATOR HEALTH; AND4
(h) R
ECOMMEND HOW BEST TO ENGAGE WITH , AND WORK ACROSS,5
STATE AGENCIES WHEN DEVELOPING AND IMPLEMENTING POLICIES ABOUT6
POLLINATORS.7
(2) I
N CONDUCTING THE STUDY, THE EXECUTIVE DIRECTOR OR THE8
EXECUTIVE DIRECTOR'S DESIGNEE SHALL CONSULT WITH:9
(a) O
THER STATE AGENCIES, INCLUDING THE DEPARTMENT OF10
TRANSPORTATION, DEPARTMENT OF AGRICULTURE , AND DEPARTMENT OF11
PUBLIC HEALTH AND ENVIRONMENT ; AND12
(b) I
NDEPENDENT SCIENTISTS WITH EXPERTISE IN POLLINATOR13
HEALTH, ECOLOGICAL PROCESSES, BIODIVERSITY, NATIVE PLANTS, AND14
ECOLOGICAL LAND MANAGEMENT .15
(3) O
N OR BEFORE JANUARY 1, 2024, THE EXECUTIVE DIRECTOR OR16
THE EXECUTIVE DIRECTOR'S DESIGNEE SHALL SUBMIT A REPORT OF THE17
STUDY TO THE GENERAL ASSEMBLY AND THE GOVERNOR .18
SECTION 4. In Colorado Revised Statutes, add 35-1-116 as19
follows:20
35-1-116. Noncoated seed-applied systemic insecticide pilot21
grant program - creation - eligibility - reporting - definitions - repeal.22
(1) T
HERE IS CREATED IN THE DEPARTMENT THE NONCOATED23
SEED-APPLIED SYSTEMIC INSECTICIDE PILOT GRANT PROGRAM . THE24
COMMISSIONER SHALL ADMINISTER THE GRANT PROGRAM TO AWARD25
MONEY TO AGRICULTURAL PRODUCERS THAT PLANT SEEDS THAT ARE NOT26
COATED WITH SEED -APPLIED SYSTEMIC INSECTICIDES AND , AS THE27
SB22-131
-9- COMMISSIONER DEEMS NECESSARY , PROVIDE TECHNICAL ASSISTANCE TO1
AGRICULTURAL PRODUCERS AWARDED GRANT MONEY .2
(2) (a) T
O BE ELIGIBLE FOR AN AWARD UNDER THE GRANT3
PROGRAM, AN AGRICULTURAL PRODUCER MUST :4
(I) B
E AN AGRICULTURAL PRODUCER IN THE STATE THAT , IN THE5
GRANT YEAR IMMEDIATELY PRECEDING THE APPLICANT 'S INITIAL6
APPLICATION FOR GRANT MONEY , PLANTED ONLY SEEDS COATED WITH7
SEED-APPLIED SYSTEMIC INSECTICIDES ON THE PORTION OF THE8
AGRICULTURAL PRODUCER 'S LAND THAT THE AGRICULTURAL PRODUCER9
IDENTIFIES IN THE GRANT APPLICATION PURSUANT TO SUBSECTION10
(2)(a)(III)
OF THIS SECTION;11
(II) N
OT HAVE RECEIVED AN AWARD UNDER THIS GRANT12
PROGRAM; EXCEPT THAT A GRANT APPLICANT MAY SUBMIT A RENEWAL13
APPLICATION; AND14
(III) I
DENTIFY AS PART OF THE GRANT APPLICATION AT LEAST15
FORTY ACRES, BUT NOT MORE THAN EIGHT HUNDRED ACRES , ON THE16
AGRICULTURAL PRODUCER 'S LAND ON WHICH THE AGRICULTURAL17
PRODUCER INTENDS TO PLANT SEEDS NOT COATED WITH SEED -APPLIED18
SYSTEMIC INSECTICIDES UNDER THE GRANT PROGRAM .19
(b) (I) T
HE COMMISSIONER SHALL ESTABLISH THE FORM AND20
MANNER FOR SUBMITTING AN APPLICATION OR A RENEWAL APPLICATION21
FOR THE GRANT PROGRAM, INCLUDING ANY APPLICABLE DEADLINES , AND22
THE RELEVANT TIMELINES FOR THE COMMISSIONER TO REVIEW23
APPLICATIONS AND AWARD GRANT MONEY FOR THE APPLICABLE GRANT24
YEAR. THE COMMISSIONER SHALL POST THE APPLICATION , RENEWAL25
APPLICATION, AND TIMELINE INFORMATION ON THE DEPARTMENT 'S26
WEBSITE.27
SB22-131
-10- (II) THE COMMISSIONER SHALL PRIORITIZE AWARDING MONEY FOR1
RENEWAL APPLICATIONS OVER INITIAL APPLICATIONS , BUT AMONG INITIAL2
APPLICATIONS, THE COMMISSIONER SHALL AWARD MONEY IN THE ORDER3
IN WHICH APPLICATIONS ARE RECEIVED.4
(3) A
N AGRICULTURAL PRODUCER AWARDED MONEY UNDER THE5
GRANT PROGRAM MUST COMMIT TO THE COMMISSIONER , BEFORE6
RECEIVING THE MONEY, THAT THE AGRICULTURAL PRODUCER WILL :7
(a) P
LANT ONLY SEEDS THAT ARE NOT COATED WITH ANY8
SEED-APPLIED SYSTEMIC INSECTICIDE ON THE AGRICULTURAL PRODUCER 'S9
LAND IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(III) OF THIS SECTION10
DURING THE GRANT YEAR FOR WHICH THE MONEY IS AWARDED ;11
(b) N
OT USE ANY SYSTEMIC INSECTICIDE ON THE LAND IDENTIFIED12
PURSUANT TO SUBSECTION (2)(a)(III) OF THIS SECTION FOR AT LEAST13
THREE WEEKS FOLLOWING PLANTING OF THE SEEDS ;14
(c) M
AINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH15
SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION IN THE FORM AND16
MANNER DETERMINED BY THE COMMISSIONER , WHICH RECORDS MUST17
INCLUDE:18
(I) C
OPIES OR PHOTOGRAPHS OF SEED LABELS ;19
(II) R
ECEIPTS OF SEED PURCHASES WITH THE PURCHASE DATES20
CLEARLY INDICATED;21
(III) D
ATES OF PLANTING; AND22
(IV) M
APS IDENTIFYING THE ACREAGE ON WHICH THE SEEDS WERE23
PLANTED;24
(d) A
LLOW THE COMMISSIONER TO INSPECT RECORDS MAINTAINED25
PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION UPON THE26
COMMISSIONER'S REQUEST; AND27
SB22-131
-11- (e) COMPLY WITH ANY REPORTING REQUIREMENTS THAT THE1
COMMISSIONER ESTABLISHES FOR GRANTEES .2
(4) (a) A
N AGRICULTURAL PRODUCER AWARDED MONEY UNDER3
THE GRANT PROGRAM SHALL REIMBURSE THE COMMISSIONER FOR ANY4
MONEY RECEIVED UNDER THE GRANT PROGRAM WITH RESPECT TO ANY5
ACRES IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(III) OF THIS SECTION6
FOR WHICH THE AGRICULTURAL PRODUCER DID NOT COMPLY WITH THE7
PLANTING AND SYSTEMIC INSECTICIDE USE REQUIREMENTS SET FORTH IN8
SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION.9
(b) A
N AGRICULTURAL PRODUCER THAT IS REQUIRED TO10
REIMBURSE THE COMMISSIONER UNDER SUBSECTION (4)(a) OF THIS11
SECTION MAY NOT SUBMIT A RENEWAL APPLICATION . THE COMMISSIONER12
MAY LIKEWISE PROHIBIT AN AGRICULTURAL PRODUCER FROM SUBMITTING13
A RENEWAL APPLICATION FOR ANY VIOLATION OF SUBSECTIONS (3)(c) TO14
(3)(e)
OF THIS SECTION.15
(5) T
HE COMMISSIONER SHALL AWARD AN AGRICULTURAL16
PRODUCER PARTICIPATING IN THE GRANT PROGRAM FIFTEEN DOLLARS FOR17
EACH ACRE OF CORN AND TEN DOLLARS FOR EACH ACRE OF WHEAT THAT18
THE AGRICULTURAL PRODUCER IDENTIFIES PURSUANT TO SUBSECTION19
(2)(a)(III)
OF THIS SECTION.20
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21
REQUIRES:22
(a) "A
GRICULTURAL PRODUCER " MEANS A PERSON ENGAGED IN23
GROWING COMMODITIES OR ENGAGED IN GROWING OR PRODUCING FARM24
PRODUCTS, AS THOSE TERMS ARE DEFINED IN SECTION 35-36-102.25
(b) "C
OMMISSIONER" MEANS THE COMMISSIONER OR THE26
COMMISSIONER'S DESIGNEE.27
SB22-131
-12- (c) "GRANT PROGRAM" MEANS THE NONCOATED SEED -APPLIED1
SYSTEMIC INSECTICIDE PILOT GRANT PROGRAM CREATED IN SUBSECTION2
(1)
OF THIS SECTION.3
(d) "G
RANT YEAR" MEANS THE YEAR OF THE GROWING SEASON IN4
WHICH AN AGRICULTURAL PRODUCER AWARDED A GRANT WILL PLANT5
SEEDS THAT ARE NOT COATED WITH SEED-APPLIED SYSTEMIC INSECTICIDES6
AS PART OF THE GRANT PROGRAM .7
(e) "R
ENEWAL APPLICATION " MEANS AN AGRICULTURAL8
PRODUCER'S APPLICATION FOR AN ADDITIONAL AWARD OF MONEY UNDER9
THE GRANT PROGRAM FOR A GRANT YEAR FOLLOWING THE GRANT YEAR10
IN WHICH THE APPLICANT WAS PREVIOUSLY AWARDED MONEY UNDER THE11
GRANT PROGRAM.12
(f) (I) "S
YSTEMIC INSECTICIDE" MEANS ANY CHEMICAL ACTIVE13
INGREDIENT INTENDED TO KILL OR OTHERWISE HARM INSECTS OR14
INVERTEBRATE WILDLIFE AND INTENDED TO TRANSLOCATE INTO THE15
TISSUE OF PLANTS.16
(II) "S
YSTEMIC INSECTICIDE" INCLUDES THE FOLLOWING:17
(A) A
CETAMIPRID;18
(B) C
LOTHIANIDIN;19
(C) D
INOTEFURAN;20
(D) F
IPRONIL;21
(E) I
MIDACLOPRID;22
(F) N
ITENPYRAM;23
(G) S
ULFOXAFLOR;24
(H) T
HIACLOPRID; AND25
(I) T
HIAMETHOXAM.26
(7) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.27
SB22-131
-13- SECTION 5. In Colorado Revised Statutes, 35-9-103, amend the1
introductory portion and (12); and add (9.5) and (13) as follows:2
35-9-103. Definitions. As used in this article ARTICLE 9, unless3
the context otherwise requires:4
(9.5) "N
EONICOTINOID PESTICIDE" MEANS A PESTICIDE5
CONTAINING AN ACTIVE INGREDIENT BELONGING TO THE NEONICOTINOID6
CLASS OF INSECTICIDES.7
(12) "Restricted-use pesticide" means any pesticide designated
8
THAT THE COMMISSIONER OR THE ADMINISTRATOR OF THE EPA9
DESIGNATES as a restricted-use pesticide. by the commissioner or the10
administrator of the environmental protection agency.11
(13) "S
ULFOXIMINE PESTICIDE" MEANS A PESTICIDE CONTAINING12
AN ACTIVE INGREDIENT BELONGING TO THE SULFOXIMINE CLASS OF13
INSECTICIDES.14
SECTION 6. In Colorado Revised Statutes, 35-9-118, add (3.5)15
as follows:16
35-9-118. Powers and duties of the commissioner - legislative17
declaration - rules. (3.5) (a) T
HE GENERAL ASSEMBLY DECLARES THAT18
THE PURPOSE OF THIS SUBSECTION (3.5) IS TO PROHIBIT THE APPLICATION19
TO, OR TREATMENT OF, OUTDOOR, ORNAMENTAL PLANTS AND TURF WITH20
NEONICOTINOID AND SULFOXIMINE PESTICIDES , EXCEPT:21
(I) A
S USED FOR AGRICULTURAL PURPOSES ;22
(II) A
S USED IN PET-CARE, PERSONAL-CARE, AND INDOOR23
PEST-CONTROL PRODUCTS;24
(III) A
S USED IN PRESERVED WOOD PRODUCTS AND PRODUCTS25
USED IN THE MANUFACTURE OF WOOD PRESERVATIVES ; AND26
(IV) A
S PRODUCTS USED ON GOLF COURSES .27
SB22-131
-14- (b) ON OR BEFORE MARCH 1, 2023, THE COMMISSIONER SHALL1
ADOPT RULES THAT IDENTIFY THE FOLLOWING AS RESTRICTED -USE2
PESTICIDES:3
(I) P
ESTICIDES CONTAINING ANY OF THE FOLLOWING ACTIVE4
INGREDIENTS:5
(A) I
MIDACLOPRID;6
(B) N
ITHIAZINE;7
(C) A
CETAMIPRID;8
(D) C
LOTHIANIDIN;9
(E) D
INOTEFURAN;10
(F) T
HIACLOPRID; AND11
(G) T
HIAMETHOXAM; AND12
(II) S
ULFOXIMINE PESTICIDES.13
(c) T
HE COMMISSIONER SHALL PROMULGATE RULES TO ESTABLISH14
AN EXEMPTION FROM THE RESTRICTED USE OF PESTICIDES PURSUANT TO15
SUBSECTION (3.5)(b) OF THIS SECTION FOR THE USE OF A PRODUCT16
CONTAINING ONE OR MORE OF THE ACTIVE INGREDIENTS LISTED IN17
SUBSECTION (3.5)(b)(I) OF THIS SECTION IF THE PRODUCT IS USED IN18
ACCORDANCE WITH THE DIRECTIONS ON THE PRODUCT 'S LABEL AND AS A:19
(I) P
ET-CARE PRODUCT;20
(II) P
ERSONAL-CARE PRODUCT;21
(III) I
NDOOR PEST-CONTROL PRODUCT;22
(IV) P
RESERVED WOOD PRODUCT OR PRODUCT USED IN THE23
MANUFACTURE OF WOOD PRESERVATIVES ; OR24
(V) P
RODUCT USED ON GOLF COURSES .25
(d) N
OTHING IN THIS SUBSECTION (3.5):26
(I) P
REVENTS THE COMMISSIONER FROM IDENTIFYING OTHER27
SB22-131
-15- NEONICOTINOID PESTICIDES OR SULFOXIMINE PESTICIDES AS1
RESTRICTED-USE PESTICIDES IF RESTRICTING THEIR USE IS DONE IN2
ACCORDANCE WITH THE COMMISSIONER 'S AUTHORITY UNDER THIS ARTICLE3
9;4
(II) A
LTERS, LIMITS, OR EXPANDS THE COMMISSIONER'S EXISTING5
AUTHORITY TO DESIGNATE A PESTICIDE THAT IS NOT A NEONICOTINOID6
PESTICIDE OR SULFOXIMINE PESTICIDE AS A STATE RESTRICTED -USE OR7
LIMITED-USE PESTICIDE UNDER THIS ARTICLE 9; OR8
(III) A
LTERS OR LIMITS THE APPLICATION OF PESTICIDES FOR9
AGRICULTURAL USE.10
SECTION 7. In Colorado Revised Statutes, 35-10-112, repeal (3)11
as follows:12
35-10-112. Notification requirements - registry of13
pesticide-sensitive persons - rules. (3) No county, city and county,
14
municipality, home rule county, home rule city and county, or home rule15
municipality shall enact or impose any notification requirements upon16
commercial applicators which are more stringent than those imposed by17
this article; except that each county, city and county, municipality, home18
rule county, home rule city and county, and home rule municipality shall19
retain the authority to impose any notification requirements upon private20
individuals, property owners, and the general public. Any such21
notification requirement imposed by any county, city and county,22
municipality, home rule county, home rule city and county, or home rule23
municipality on private individuals, property owners, or the general24
public shall not be held to be applicable to any commercial applicator, nor25
shall any commercial applicator be exposed to any liability for a failure26
to comply with any such notification requirement.27
SB22-131
-16- SECTION 8. In Colorado Revised Statutes, amend 35-10-112.51
as follows:2
35-10-112.5. Statewide uniformity of pesticide control and3
regulation - exceptions. (1) The general assembly hereby determines4
that:5
(a) The citizens of this state benefit from a system of safe,6
effective, and scientifically sound pesticide regulation;7
(b) I
T IS ESSENTIAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE8
THAT THE CITIZENS OF THE STATE HAVE a system of pesticide regulation9
that:10
(I) Is consistent
TRANSPARENT and coordinated; that11
(II) Creates statewide uniform
BASELINE standards; and that
12
(III) Conforms with both state and federal
BASELINE technical13
standards and requirements; is essential to the public health, safety, and
14
welfare, and finds that local regulation of pesticides that is inconsistent15
with and adopts different standards from federal and state requirements16
does not assist in achieving these benefits; AND17
(IV) E
NABLES LOCAL GOVERNMENTS TO ADDRESS THE NEEDS OF18
THEIR RESIDENTS AND THE NEEDS OF THE LOCAL ENVIRONMENT ;19
(c) (I) Through statute and regulation
RULES, the state has created20
a system of pesticide regulation based upon scientific standards that21
protects the citizens of this state;22
(II) T
HE STATE HAS PRIMARY ENFORCEMENT RESPONSIBILITY FOR23
PESTICIDE VIOLATIONS UNDER 7 U.S.C. SEC. 136w-1, AND 7 U.S.C. SEC.24
136w-5
AUTHORIZES STATES TO DEVELOP LICENSING, CERTIFICATION, AND25
TRAINING PROGRAMS FOR PESTICIDE USE AND APPLICATIONS ; AND26
(III) A
LTHOUGH THE STATE HAS PRIMARY ENFORCEMENT27
SB22-131
-17- RESPONSIBILITY, LOCAL GOVERNMENTS MAY REGULATE THE USE AND1
APPLICATION OF A PESTICIDE IN THE INTEREST OF PUBLIC HEALTH, PUBLIC2
SAFETY, AND ENVIRONMENTAL PROTECTION IF THE REGULATION MEETS3
THE REQUIREMENTS OF BOTH STATE AND FEDERAL LAW AND IF THE USE IS4
NOT FOR THE PRODUCTION OF AGRICULTURAL PRODUCTS ;5
(d) Although the cultivation of marijuana is illegal under federal6
law and so the use of pesticides in cultivating marijuana is not specifically7
allowed by any pesticide's label, the cultivation of marijuana is8
specifically allowed and regulated by Colorado law, and the use of9
pesticides should be regulated pursuant to this article ARTICLE 10 and10
rules promulgated pursuant to this article ARTICLE 10 rather than pursuant11
to local laws; and12
(e) Pesticide regulation is a matter of
BOTH statewide AND LOCAL13
concern;
AND14
(f) T
HIS SECTION DOES NOT AFFECT ANY DUTY IMPOSED UNDER15
ARTICLE 4, 5.5, 7, OR 9 OF THIS TITLE 35.16
(2) A local government shall not adopt or continue in effect any17
ordinance, rule, resolution,
OR charter provision or statute
regarding the18
use of any pesticide by persons regulated by this article ARTICLE 10 or19
federal law and pertaining to:20
(a) Any labeling or registration requirements for pesticides,21
including requirements regarding the name of the product, the name and22
address of the manufacturer, and any applicable registration numbers;23
(b) (I) The use and application of pesticides IN CONNECTION WITH24
THE CULTIVATION OF MARIJUANA by persons regulated by this article25
ARTICLE 10 or federal law; including but not limited to, directions for use,26
classification of pesticides as general or restricted use, mixing and27
SB22-131
-18- loading, site of application, target pest, dosage rate, method of1
application, application equipment, frequency and timing of applications,2
application rate, reentry intervals, worker specifications, container storage3
and disposal, required intervals between application and harvest of food4
or feed crops, rotational crop restrictions, and warnings against use on5
certain crops, animals, or objects or against use in or adjacent to certain6
areas.7
(II) Subparagraph (I) of this paragraph (b) applies to the use and8
application of pesticides by persons regulated by this article or federal law9
in connection with the cultivation of marijuana.10
(c) Except as specifically provided in this article, any warnings11
and precautionary statements, notifications, or statements of practical12
treatment; or13
(d) (c) Licensure, training, or certification requirements for14
persons regulated under this article ARTICLE 10, including any insurance15
and record-keeping requirements;
OR16
(d) T
HE USE OF PESTICIDES IN THE PRODUCTION OF AGRICULTURAL17
PRODUCTS, INCLUDING:18
(I) G
ROWING FEED FOR LIVESTOCK;19
(II) M
ANAGING LIVESTOCK; OR20
(III) M
AINTAINING AGRICULTURAL WATER SUPPLY FACILITIES ,21
INCLUDING IRRIGATION DITCHES AND OTHER WATER INFRASTRUCTURE .22
(3) (a) Nothing in
This article may be construed to ARTICLE 1023
DOES NOT limit the authority of a local government as defined by state law24
to:25
(I) (A) Zone for the sale or storage of any pesticide;26
(B) Provide or designate sites for disposal of any pesticide or27
SB22-131
-19- pesticide container;1
(C) Adopt or enforce building and fire code requirements;2
(D) Regulate the transportation of pesticides consistently with and3
in no more strict of a manner than state and federal law;4
(E) Adopt regulations pursuant to a storm water management5
program that is ARE consistent with OR MORE RESTRICTIVE THAN federal6
or state law; or7
(F) Adopt regulations to protect surface or groundwater drinking8
water supplies consistent with
OR MORE RESTRICTIVE THAN state or9
federal law concerning the protection of drinking water supplies;10
(II) I
N ORDER TO COMPLY WITH ANY SPECIFIC FEDERAL OR STATE11
REQUIREMENT OR AVOID A FINE OR OTHER PENALTY UNDER FEDERAL OR12
STATE LAW, take any action:13
(A) Specifically authorized or required by any federal or state law14
or regulation with respect to pesticides; or to take any action
15
(B) Otherwise prohibited by this article in order to comply with16
any specific federal or state requirement or in order to avoid a fine or17
other penalty under federal or state law ARTICLE 10;18
(III) Regulate the use of pesticides on property owned or leased19
by the local government;20
(IV) Issue local general occupational licenses to persons regulated21
by this article. ARTICLE 10; OR22
(V) A
DOPT ANY ORDINANCE , REGULATION, RESOLUTION, OR23
CHARTER PROVISION CONCERNING THE USE AND APPLICATION OF A24
PESTICIDE THAT IS ADOPTED IN THE INTEREST OF PUBLIC HEALTH , PUBLIC25
SAFETY, AND ENVIRONMENTAL PROTECTION .26
(b) This subsection (3) does not authorize a local government to
27
SB22-131
-20- utilize the police power or the authority to zone, to provide or designate1
disposal sites, to adopt and enforce building and fire codes, or to regulate2
the transportation of pesticides as described in paragraph (a) of this3
subsection (3) to directly or indirectly regulate or prohibit the application4
of pesticides by persons regulated by this article or by federal law,5
including in connection with the cultivation of marijuana.6
(c) Nothing in this article shall be construed to be an implicit grant7
of authority to a local government that is not otherwise granted by state8
law.9
(b) T
HIS SECTION DOES NOT AFFECT A LOCAL GOVERNMENT 'S10
OBLIGATION TO MEET THE REQUIREMENTS OF STATE AND FEDERAL LAW .11
(4) Any
A local government, that promulgates IN PROMULGATING12
an ordinance,
REGULATION, RESOLUTION, OR CHARTER PROVISION that13
concerns pesticides
OR that is promulgated pursuant to section 31-15-70714
(1)(b), C.R.S., or that is promulgated pursuant to any authority described
15
in paragraph (a) of subsection (3) of this section concerning pesticides16
shall file the following with the department of agriculture:17
(a) A certified copy of the ordinance,
REGULATION, RESOLUTION,18
OR CHARTER PROVISION; and19
(b) A map or legal description of the geographic area that the local20
government intends to regulate under the ordinance,
REGULATION,21
RESOLUTION, OR CHARTER PROVISION.22
SECTION 9. In Colorado Revised Statutes, add 35-10-112.6 as23
follows:24
35-10-112.6. Judicial review of local government ordinances,25
regulations, resolutions, or charter provisions. S
TATE COURTS HAVE26
EXCLUSIVE JURISDICTION TO REVIEW LOCAL PESTICIDE ORDINANCES ,27
SB22-131
-21- REGULATIONS, RESOLUTIONS, OR CHARTER PROVISIONS.1
SECTION 10. In Colorado Revised Statutes, 30-11-107, add2
(1)(mm) as follows:3
30-11-107. Powers of the board. (1) The board of county4
commissioners of each county has power at any meeting:5
(mm) T
O REGULATE THE USE AND APPLICATION OF PESTICIDES IN6
ACCORDANCE WITH ARTICLE 10 OF TITLE 35.7
SECTION 11. Act subject to petition - effective date. Sections8
7, 8, and 10 of this act take effect March 1, 2023, and the remainder of9
this act takes effect at 12:01 a.m. on the day following the expiration of10
the ninety-day period after final adjournment of the general assembly;11
except that, if a referendum petition is filed pursuant to section 1 (3) of12
article V of the state constitution against this act or an item, section, or13
part of this act within such period, then the act, item, section, or part will14
not take effect unless approved by the people at the general election to be15
held in November 2022 and, in such case, will take effect on the date of16
the official declaration of the vote thereon by the governor; except that17
sections 7, 8, and 10 of this act take effect March 1, 2023.18
SB22-131
-22-