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Colorado Senate Bill SB131

Colorado 2022 Regular Session

Colorado Senate Bill SB131 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-third General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 22-0235.02 Jennifer Berman x3286
88 SENATE BILL 22-131
99 Senate Committees House Committees
1010 Agriculture & Natural Resources
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING MEASURES TO IMPROVE POLLINATOR HABITATS FOR THE101
1414 PROTECTION OF THE ENVIRONMENT .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill implements a number of measures to protect pollinators
2323 and people throughout the state. Section 1 of the bill makes legislative
2424 findings.
2525 Section 2 restricts the use of pesticides on the grounds of a school,
2626 preschool program, child care center, or children's resident camp and
2727 requires that notification be sent when a pesticide is used at such a
2828 SENATE SPONSORSHIP
2929 Jaquez Lewis and Priola,
3030 HOUSE SPONSORSHIP
3131 Kipp and Froelich, Duran
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing statute.
3434 Dashes through the words indicate deletions from existing statute. location. The executive director of the department of public health and
3535 environment may adopt rules to implement section 2.
3636 Section 3 requires the executive director of the department of
3737 natural resources or the executive director's designee (DNR executive
3838 director) to conduct a study on how to address pollinator decline and
3939 increase pollinator health in the state. In conducting the study, the DNR
4040 executive director shall consult with other state agencies and with
4141 scientists with expertise in pollinator health, ecological processes,
4242 biodiversity, native plants, and ecological land management. The DNR
4343 executive director shall submit a report of the study to the general
4444 assembly and the governor on or before January 1, 2024.
4545 Section 4 creates a pilot grant program in the department of
4646 agriculture to provide financial grants to agricultural producers to test the
4747 use of noncoated seed-applied systemic insecticide on their crops.
4848 Sections 5 and 6 require the commissioner of agriculture to adopt
4949 rules designating as restricted-use certain pesticides that contain an active
5050 ingredient belonging to the neonicotinoid class of insecticides or the
5151 sulfoxomine class of insecticides, but allowing the use of such pesticides
5252 in pet care, personal care, wood preservatives, and indoor pest-control
5353 products and products used on golf courses. The commissioner's rules
5454 will not affect the use of the restricted-use pesticides for agricultural
5555 purposes.
5656 Sections 7 through 10 authorize local governments to regulate
5757 pesticide use and remove certain preemptions regarding local government
5858 regulation of pesticide use.
5959 Be it enacted by the General Assembly of the State of Colorado:1
6060 SECTION 1. Legislative declaration. (1) The general assembly2
6161 hereby finds and determines that:3
6262 (a) Pollinators are vital to ecosystem health and are essential in4
6363 producing much of our food supply;5
6464 (b) Pollination supports the state's agriculture and the state's6
6565 overall economy;7
6666 (c) Pollinators provide critical ecosystem benefits that are8
6767 essential to maintaining the diversity of the state's native flowering plants9
6868 and the state's biodiversity;10
6969 (d) The decline in pollinator populations has implications for the11
7070 SB22-131-2- state's food supply, the resilience of the state's ecosystems, and the health1
7171 of the state's citizens; and2
7272 (e) The protection of healthy and diverse habitats in the state3
7373 protects the health of its pollinators and people alike.4
7474 (2) The general assembly declares that the state should establish5
7575 a comprehensive framework for the protection of both pollinators and6
7676 people through the creation of programs that:7
7777 (a) Build healthy, diverse, and sustainable habitats for pollinators;8
7878 (b) Improve agricultural practices;9
7979 (c) Promote the protection of safe and healthy ecosystems that10
8080 support both pollinator and human health;11
8181 (d) Grant local governments the authority to protect local12
8282 resources and public health; and13
8383 (e) Raise awareness throughout the state of the need to protect14
8484 pollinators.15
8585 SECTION 2. In Colorado Revised Statutes, add part 14 to article16
8686 5 of title 25 as follows:17
8787 PART 1418
8888 REDUCTION OF CHILDREN'S 19
8989 EXPOSURE TO PESTICIDES20
9090 25-5-1401. Definitions. A
9191 S USED IN THIS PART 14, UNLESS THE21
9292 CONTEXT OTHERWISE REQUIRES :22
9393 (1) "C
9494 HILD CARE CENTER" MEANS A FACILITY REQUIRED TO BE23
9595 LICENSED UNDER THE "CHILD CARE LICENSING ACT", PART 1 OF ARTICLE24
9696 6
9797 OF TITLE 26.25
9898 (2) "C
9999 HILDREN'S RESIDENT CAMP" MEANS A FACILITY:26
100100 (a) O
101101 PERATING FOR THREE OR MORE CONSECUTIVE27
102102 SB22-131
103103 -3- TWENTY-FOUR-HOUR DAYS DURING ONE OR MORE SEASONS OF THE YEAR1
104104 FOR THE CARE OF FIVE OR MORE CHILDREN ; AND2
105105 (b) T
106106 HE PURPOSE OF WHICH IS TO PROVIDE A GROUP LIVING3
107107 EXPERIENCE OFFERING EDUCATION AND RECREATIONAL ACTIVITIES IN AN4
108108 OUTDOOR ENVIRONMENT , REGARDLESS OF WHETHER THE RECREATIONAL5
109109 ACTIVITIES OCCUR AT THE PERMANENT CAMP PREMISES OR ON TRIPS OFF6
110110 THE PREMISES.7
111111 (3) "E
112112 XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF8
113113 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT APPOINTED9
114114 PURSUANT TO SECTION 25-1-102 (1) OR THE EXECUTIVE DIRECTOR 'S10
115115 DESIGNEE.11
116116 (4) "G
117117 UARDIAN" MEANS A GUARDIAN OF ANY CHILD OR CHILDREN12
118118 ATTENDING A SPECIFIC SCHOOL , PRESCHOOL PROGRAM , CHILD CARE13
119119 CENTER, OR CHILDREN'S RESIDENTIAL CAMP.14
120120 (5) (a) "P
121121 ESTICIDE" MEANS ANY SUBSTANCE OR MIXTURE OF15
122122 SUBSTANCES INTENDED:16
123123 (I) T
124124 O PREVENT, DESTROY, REPEL, OR MITIGATE ANY PEST; OR17
125125 (II) F
126126 OR USE AS A PLANT REGULATOR, DEFOLIANT, OR DESICCANT.18
127127 (b) "P
128128 ESTICIDE" DOES NOT INCLUDE AN ARTICLE THAT THE UNITED19
129129 S
130130 TATES FOOD AND DRUG ADMINISTRATION DESI GNATES AS A "NEW20
131131 ANIMAL DRUG".21
132132 (6) "P
133133 RESCHOOL PROGRAM " MEANS A DISTRICT PRESCHOOL22
134134 PROGRAM ESTABLISHED PURSUANT TO SECTION 22-28-107 OR A SIMILAR23
135135 PREKINDERGARTEN PROGRAM FOR CHILDREN .24
136136 (7) "P
137137 ROPERTY" MEANS ALL PROPERTY THAT IS OWNED , LEASED,25
138138 RENTED, OR OTHERWISE USED BY A CHILD CARE CENTER , CHILDREN'S26
139139 RESIDENT CAMP, PRESCHOOL PROGRAM , OR SCHOOL, INCLUDING ANY27
140140 SB22-131
141141 -4- PLAYGROUND, ATHLETIC FIELD, RECREATIONAL AREA, PARKING AREA, AND1
142142 THE GROUNDS SURROUNDING ANY BUILDING .2
143143 (8) "S
144144 CHOOL" MEANS:3
145145 (a) A
146146 PUBLIC SCHOOL MAINTAINED AND OPERATED BY A SCHOOL4
147147 DISTRICT FOR THE EDUCATION OF SOME OR ALL GRADES BETWEEN5
148148 KINDERGARTEN AND TWELFTH GRADE ;6
149149 (b) A
150150 DISTRICT CHARTER SCHOOL AS DEFINED IN SECTION7
151151 22-11-103
152152 (12);8
153153 (c) A
154154 N INSTITUTE CHARTER SCHOOL AS DEFINED IN SECTION9
155155 22-11-103
156156 (17); OR10
157157 (d) A
158158 PRIVATE SCHOOL AS DEFINED IN SECTION 22-30.5-103 (6.5).11
159159 25-5-1402. Prohibit use of pesticides on grounds of children's12
160160 education, care, and recreational facilities - exemptions - rules.13
161161 (1) O
162162 N AND AFTER JANUARY 1, 2026, AND EXCEPT AS PROVIDED IN14
163163 SUBSECTIONS (2) AND (3) OF THIS SECTION, IT IS UNLAWFUL TO USE A15
164164 PESTICIDE ON THE GROUNDS OF A SCHOOL , PRESCHOOL PROGRAM, CHILD16
165165 CARE CENTER, OR CHILDREN'S RESIDENT CAMP PROPERTY.17
166166 (2) A
167167 PESTICIDE MAY BE USED ON THE PROPERTY OF A SCHOOL ,18
168168 PRESCHOOL PROGRAM , CHILD CARE CENTER, OR CHILDREN'S RESIDENT19
169169 CAMP IF:20
170170 (a) T
171171 HE PESTICIDE IS A DISINFECTANT;21
172172 (b) T
173173 HE PESTICIDE IS APPLIED INSIDE OF OR ON THE EXTERIOR OF22
174174 A BUILDING ON THE PROPERTY; OR23
175175 (c) T
176176 HE PESTICIDE IS USED ON THE GROUNDS OF A PROPERTY ON AN24
177177 EMERGENCY BASIS BASED ON THE DETERMINATION BY THE HEAD25
178178 ADMINISTRATOR OF THE SCHOOL , PRESCHOOL PROGRAM , CHILD CARE26
179179 CENTER, OR CHILDREN'S RESIDENT CAMP THAT USE OF THE PESTICIDE IS27
180180 SB22-131
181181 -5- FOR THE PURPOSE OF ELIMINATING AN IMMEDIATE THREAT TO HUMAN1
182182 HEALTH, SUCH AS FOR THE PURPOSE OF ELIMINATING TICKS , STINGING2
183183 INSECTS, POISON IVY, POISON OAK, OR POISON SUMAC.3
184184 (3) (a) (I) T
185185 HE FOLLOWING PESTICIDES MAY BE USED ON THE4
186186 GROUNDS OF A SCHOOL, PRESCHOOL PROGRAM, CHILD CARE CENTER, OR5
187187 CHILDREN'S RESIDENT CAMP WITHOUT REQUIRING NOTIFICATION TO6
188188 GUARDIANS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS SECTION:7
189189 (A) A
190190 PESTICIDE OR SOIL FERTILITY PRODUCT FOR WHICH THE8
191191 ACTIVE INGREDIENTS ARE RECOMMENDED BY THE NATIONAL ORGANIC9
192192 STANDARDS BOARD ESTABLISHED PURSUANT TO 7 U.S.C. SEC. 6518, AS10
193193 AMENDED, FOR INCLUSION IN THE NATIONAL LIST OF PRODUCTS ALLOWED11
194194 AS INGREDIENTS IN PRODUCTS LABELED "ORGANIC" OR "MADE WITH12
195195 ORGANIC", WHICH LIST IS PUBLISHED BY THE UNITED STATES DEPARTMENT13
196196 OF AGRICULTURE UNDER 7 CFR 205.601 AND 205.602; AND14
197197 (B) A
198198 PESTICIDE THAT IS DESIGNATED AS A MINIMUM RISK15
199199 PESTICIDE UNDER THE "FEDERAL INSECTICIDE, FUNGICIDE, AND16
200200 R
201201 ODENTICIDE ACT", 7 U.S.C. SEC. 136 ET SEQ., AS AMENDED, AND LISTED17
202202 IN UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGULATIONS18
203203 IN 40 CFR 152.25 (f).19
204204 (II) E
205205 XCEPT WITH RESPECT TO EMERGENCY PESTICIDE USE20
206206 PERFORMED PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION OR USE OF21
207207 PESTICIDES IN ACCORDANCE WITH SUBSECTION (3)(a)(I)(A) OR (3)(a)(I)(B)22
208208 OF THIS SECTION, BEFORE USING ANY PESTICIDES ON THE GROUNDS OF A23
209209 PROPERTY, A SCHOOL, PRESCHOOL PROGRAM , CHILD CARE CENTER, OR24
210210 CHILDREN'S RESIDENT CAMP SHALL NOTIFY GUARDIANS AT LEAST25
211211 FORTY-EIGHT HOURS BEFORE THE PESTICIDE USE.26
212212 (III) W
213213 ITH REGARD TO EMERGENCY PESTICIDE USE PURSUANT TO27
214214 SB22-131
215215 -6- SUBSECTION (2)(c) OF THIS SECTION, A SCHOOL, PRESCHOOL PROGRAM,1
216216 CHILD CARE CENTER, OR CHILDREN'S RESIDENTIAL CAMP MUST NOTIFY2
217217 GUARDIANS WITHIN FORTY -EIGHT HOURS AFTER THE EMERGENCY3
218218 PESTICIDE USE.4
219219 (b) A
220220 NOTIFICATION SENT PURSUANT TO SUBSECTION (3)(a)(II) OR5
221221 (3)(a)(III)
222222 OF THIS SECTION MUST INCLUDE THE FOLLOWING INFORMATION :6
223223 (I) I
224224 NFORMATION IDENTIFYING EACH PESTICIDE USED OR THAT7
225225 WILL BE USED, INCLUDING:8
226226 (A) T
227227 HE NAME OF THE PESTICIDE PRODUCT; AND9
228228 (B) A
229229 WEBSITE LINK TO THE PRODUCT LABEL FOR THE PESTICIDE ,10
230230 IF AVAILABLE ONLINE, OR A WEBSITE LINK FOR THE PRODUCT, OR BOTH;11
231231 (II) T
232232 HE DATE AND TIME OF DAY THAT EACH PESTICIDE WAS USED12
233233 OR WILL BE USED; AND13
234234 (III) T
235235 HE LOCATION ON THE GROUNDS OF THE PROPERTY WHERE14
236236 EACH PESTICIDE WAS USED OR WILL BE USED AND THE REASON FOR15
237237 APPLICATION OF THE PESTICIDE.16
238238 (4) T
239239 HE EXECUTIVE DIRECTOR MAY PROMULGATE RULES AS17
240240 NECESSARY TO IMPLEMENT THIS PART 14.18
241241 SECTION 3. In Colorado Revised Statutes, add 24-33-118 as19
242242 follows:20
243243 24-33-118. Pollinator health study - reporting. (1) T
244244 HE21
245245 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES ,22
246246 REFERRED TO IN THIS SECTION AS THE "EXECUTIVE DIRECTOR", OR THE23
247247 EXECUTIVE DIRECTOR'S DESIGNEE SHALL CONDUCT A STUDY AND DEVELOP24
248248 RECOMMENDATIONS ON HOW TO ADDRESS THE CHALLENGES ASSOCIATED25
249249 WITH POLLINATOR DECLINE AND INCREASE POLLINATOR HEALTH IN THE26
250250 STATE. AT A MINIMUM, THE STUDY MUST:27
251251 SB22-131
252252 -7- (a) IDENTIFY THE SIGNIFICANCE OF HEALTHY POLLINATOR1
253253 COMMUNITIES AND THE ROLE OF NATIVE POLLINATORS IN SUPPORTING2
254254 HEALTHY ECOSYSTEMS AND HUMAN WELL -BEING;3
255255 (b) S
256256 UMMARIZE CURRENT KNOWLEDGE OF POLLINATOR HEALTH4
257257 BASED ON EXISTING RESEARCH AND DATA ;5
258258 (c) I
259259 DENTIFY FACTORS THAT , WHETHER INDIVIDUALLY OR6
260260 COMBINED, NEGATIVELY AFFECT POLLINATOR COMMUNITIES , INCLUDING:7
261261 (I) C
262262 HANGES IN LAND USE;8
263263 (II) H
264264 ABITAT LOSS AND FRAGMENTATION ;9
265265 (III) L
266266 AND-MANAGEMENT PRACTICES ;10
267267 (IV) F
268268 OOD AND NUTRITION;11
269269 (V) P
270270 ESTICIDES;12
271271 (VI) P
272272 ARASITES AND PATHOGENS; AND13
273273 (VII) C
274274 LIMATE CHANGE;14
275275 (d) I
276276 DENTIFY EXISTING POLLINATOR CONSERVATION PROJECTS IN15
277277 THE STATE AND ANY PUBLIC -PRIVATE PARTNERSHIP AND FUNDING16
278278 OPPORTUNITIES FOR POLLINATOR CONSERVATION ;17
279279 (e) I
280280 DENTIFY ANY GAPS IN KNOWLEDGE REGARDING POLLINATOR18
281281 HEALTH, INCLUDING WILD BEE DISTRIBUTIONS AND POPULATION19
282282 DYNAMICS, POLLINATOR SPECIES THAT ARE AT RISK OF DECLINE, AND BEST20
283283 PRACTICES FOR LAND MANAGERS TO PROMOTE HEALTHY AND DIVERSE21
284284 POLLINATOR COMMUNITIES ;22
285285 (f) I
286286 DENTIFY OPPORTUNITIES FOR:23
287287 (I) P
288288 OLLINATOR PROTECTION AND RECOVERY EFFORTS THROUGH24
289289 THE DEVELOPMENT OF PROGRAMS THAT MITIGATE FACTORS THAT25
290290 NEGATIVELY AFFECT POLLINATOR COMMUNITIES ; AND26
291291 (II) T
292292 HE DEVELOPMENT OF ECOLOGICAL LAND -MANAGEMENT27
293293 SB22-131
294294 -8- PRACTICES THAT RESTORE HABITAT FUNCTIONALITY ;1
295295 (g) R
296296 ECOMMEND HOW TO DEVELOP AN EDUCATION AND OUTREACH2
297297 PROGRAM TO RAISE AWARENESS AND PUBLIC ENGAGEMENT REGARDING ,3
298298 AND TO INCENTIVIZE ACTION TO BENEFIT, POLLINATOR HEALTH; AND4
299299 (h) R
300300 ECOMMEND HOW BEST TO ENGAGE WITH , AND WORK ACROSS,5
301301 STATE AGENCIES WHEN DEVELOPING AND IMPLEMENTING POLICIES ABOUT6
302302 POLLINATORS.7
303303 (2) I
304304 N CONDUCTING THE STUDY, THE EXECUTIVE DIRECTOR OR THE8
305305 EXECUTIVE DIRECTOR'S DESIGNEE SHALL CONSULT WITH:9
306306 (a) O
307307 THER STATE AGENCIES, INCLUDING THE DEPARTMENT OF10
308308 TRANSPORTATION, DEPARTMENT OF AGRICULTURE , AND DEPARTMENT OF11
309309 PUBLIC HEALTH AND ENVIRONMENT ; AND12
310310 (b) I
311311 NDEPENDENT SCIENTISTS WITH EXPERTISE IN POLLINATOR13
312312 HEALTH, ECOLOGICAL PROCESSES, BIODIVERSITY, NATIVE PLANTS, AND14
313313 ECOLOGICAL LAND MANAGEMENT .15
314314 (3) O
315315 N OR BEFORE JANUARY 1, 2024, THE EXECUTIVE DIRECTOR OR16
316316 THE EXECUTIVE DIRECTOR'S DESIGNEE SHALL SUBMIT A REPORT OF THE17
317317 STUDY TO THE GENERAL ASSEMBLY AND THE GOVERNOR .18
318318 SECTION 4. In Colorado Revised Statutes, add 35-1-116 as19
319319 follows:20
320320 35-1-116. Noncoated seed-applied systemic insecticide pilot21
321321 grant program - creation - eligibility - reporting - definitions - repeal.22
322322 (1) T
323323 HERE IS CREATED IN THE DEPARTMENT THE NONCOATED23
324324 SEED-APPLIED SYSTEMIC INSECTICIDE PILOT GRANT PROGRAM . THE24
325325 COMMISSIONER SHALL ADMINISTER THE GRANT PROGRAM TO AWARD25
326326 MONEY TO AGRICULTURAL PRODUCERS THAT PLANT SEEDS THAT ARE NOT26
327327 COATED WITH SEED -APPLIED SYSTEMIC INSECTICIDES AND , AS THE27
328328 SB22-131
329329 -9- COMMISSIONER DEEMS NECESSARY , PROVIDE TECHNICAL ASSISTANCE TO1
330330 AGRICULTURAL PRODUCERS AWARDED GRANT MONEY .2
331331 (2) (a) T
332332 O BE ELIGIBLE FOR AN AWARD UNDER THE GRANT3
333333 PROGRAM, AN AGRICULTURAL PRODUCER MUST :4
334334 (I) B
335335 E AN AGRICULTURAL PRODUCER IN THE STATE THAT , IN THE5
336336 GRANT YEAR IMMEDIATELY PRECEDING THE APPLICANT 'S INITIAL6
337337 APPLICATION FOR GRANT MONEY , PLANTED ONLY SEEDS COATED WITH7
338338 SEED-APPLIED SYSTEMIC INSECTICIDES ON THE PORTION OF THE8
339339 AGRICULTURAL PRODUCER 'S LAND THAT THE AGRICULTURAL PRODUCER9
340340 IDENTIFIES IN THE GRANT APPLICATION PURSUANT TO SUBSECTION10
341341 (2)(a)(III)
342342 OF THIS SECTION;11
343343 (II) N
344344 OT HAVE RECEIVED AN AWARD UNDER THIS GRANT12
345345 PROGRAM; EXCEPT THAT A GRANT APPLICANT MAY SUBMIT A RENEWAL13
346346 APPLICATION; AND14
347347 (III) I
348348 DENTIFY AS PART OF THE GRANT APPLICATION AT LEAST15
349349 FORTY ACRES, BUT NOT MORE THAN EIGHT HUNDRED ACRES , ON THE16
350350 AGRICULTURAL PRODUCER 'S LAND ON WHICH THE AGRICULTURAL17
351351 PRODUCER INTENDS TO PLANT SEEDS NOT COATED WITH SEED -APPLIED18
352352 SYSTEMIC INSECTICIDES UNDER THE GRANT PROGRAM .19
353353 (b) (I) T
354354 HE COMMISSIONER SHALL ESTABLISH THE FORM AND20
355355 MANNER FOR SUBMITTING AN APPLICATION OR A RENEWAL APPLICATION21
356356 FOR THE GRANT PROGRAM, INCLUDING ANY APPLICABLE DEADLINES , AND22
357357 THE RELEVANT TIMELINES FOR THE COMMISSIONER TO REVIEW23
358358 APPLICATIONS AND AWARD GRANT MONEY FOR THE APPLICABLE GRANT24
359359 YEAR. THE COMMISSIONER SHALL POST THE APPLICATION , RENEWAL25
360360 APPLICATION, AND TIMELINE INFORMATION ON THE DEPARTMENT 'S26
361361 WEBSITE.27
362362 SB22-131
363363 -10- (II) THE COMMISSIONER SHALL PRIORITIZE AWARDING MONEY FOR1
364364 RENEWAL APPLICATIONS OVER INITIAL APPLICATIONS , BUT AMONG INITIAL2
365365 APPLICATIONS, THE COMMISSIONER SHALL AWARD MONEY IN THE ORDER3
366366 IN WHICH APPLICATIONS ARE RECEIVED.4
367367 (3) A
368368 N AGRICULTURAL PRODUCER AWARDED MONEY UNDER THE5
369369 GRANT PROGRAM MUST COMMIT TO THE COMMISSIONER , BEFORE6
370370 RECEIVING THE MONEY, THAT THE AGRICULTURAL PRODUCER WILL :7
371371 (a) P
372372 LANT ONLY SEEDS THAT ARE NOT COATED WITH ANY8
373373 SEED-APPLIED SYSTEMIC INSECTICIDE ON THE AGRICULTURAL PRODUCER 'S9
374374 LAND IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(III) OF THIS SECTION10
375375 DURING THE GRANT YEAR FOR WHICH THE MONEY IS AWARDED ;11
376376 (b) N
377377 OT USE ANY SYSTEMIC INSECTICIDE ON THE LAND IDENTIFIED12
378378 PURSUANT TO SUBSECTION (2)(a)(III) OF THIS SECTION FOR AT LEAST13
379379 THREE WEEKS FOLLOWING PLANTING OF THE SEEDS ;14
380380 (c) M
381381 AINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH15
382382 SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION IN THE FORM AND16
383383 MANNER DETERMINED BY THE COMMISSIONER , WHICH RECORDS MUST17
384384 INCLUDE:18
385385 (I) C
386386 OPIES OR PHOTOGRAPHS OF SEED LABELS ;19
387387 (II) R
388388 ECEIPTS OF SEED PURCHASES WITH THE PURCHASE DATES20
389389 CLEARLY INDICATED;21
390390 (III) D
391391 ATES OF PLANTING; AND22
392392 (IV) M
393393 APS IDENTIFYING THE ACREAGE ON WHICH THE SEEDS WERE23
394394 PLANTED;24
395395 (d) A
396396 LLOW THE COMMISSIONER TO INSPECT RECORDS MAINTAINED25
397397 PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION UPON THE26
398398 COMMISSIONER'S REQUEST; AND27
399399 SB22-131
400400 -11- (e) COMPLY WITH ANY REPORTING REQUIREMENTS THAT THE1
401401 COMMISSIONER ESTABLISHES FOR GRANTEES .2
402402 (4) (a) A
403403 N AGRICULTURAL PRODUCER AWARDED MONEY UNDER3
404404 THE GRANT PROGRAM SHALL REIMBURSE THE COMMISSIONER FOR ANY4
405405 MONEY RECEIVED UNDER THE GRANT PROGRAM WITH RESPECT TO ANY5
406406 ACRES IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(III) OF THIS SECTION6
407407 FOR WHICH THE AGRICULTURAL PRODUCER DID NOT COMPLY WITH THE7
408408 PLANTING AND SYSTEMIC INSECTICIDE USE REQUIREMENTS SET FORTH IN8
409409 SUBSECTIONS (3)(a) AND (3)(b) OF THIS SECTION.9
410410 (b) A
411411 N AGRICULTURAL PRODUCER THAT IS REQUIRED TO10
412412 REIMBURSE THE COMMISSIONER UNDER SUBSECTION (4)(a) OF THIS11
413413 SECTION MAY NOT SUBMIT A RENEWAL APPLICATION . THE COMMISSIONER12
414414 MAY LIKEWISE PROHIBIT AN AGRICULTURAL PRODUCER FROM SUBMITTING13
415415 A RENEWAL APPLICATION FOR ANY VIOLATION OF SUBSECTIONS (3)(c) TO14
416416 (3)(e)
417417 OF THIS SECTION.15
418418 (5) T
419419 HE COMMISSIONER SHALL AWARD AN AGRICULTURAL16
420420 PRODUCER PARTICIPATING IN THE GRANT PROGRAM FIFTEEN DOLLARS FOR17
421421 EACH ACRE OF CORN AND TEN DOLLARS FOR EACH ACRE OF WHEAT THAT18
422422 THE AGRICULTURAL PRODUCER IDENTIFIES PURSUANT TO SUBSECTION19
423423 (2)(a)(III)
424424 OF THIS SECTION.20
425425 (6) A
426426 S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE21
427427 REQUIRES:22
428428 (a) "A
429429 GRICULTURAL PRODUCER " MEANS A PERSON ENGAGED IN23
430430 GROWING COMMODITIES OR ENGAGED IN GROWING OR PRODUCING FARM24
431431 PRODUCTS, AS THOSE TERMS ARE DEFINED IN SECTION 35-36-102.25
432432 (b) "C
433433 OMMISSIONER" MEANS THE COMMISSIONER OR THE26
434434 COMMISSIONER'S DESIGNEE.27
435435 SB22-131
436436 -12- (c) "GRANT PROGRAM" MEANS THE NONCOATED SEED -APPLIED1
437437 SYSTEMIC INSECTICIDE PILOT GRANT PROGRAM CREATED IN SUBSECTION2
438438 (1)
439439 OF THIS SECTION.3
440440 (d) "G
441441 RANT YEAR" MEANS THE YEAR OF THE GROWING SEASON IN4
442442 WHICH AN AGRICULTURAL PRODUCER AWARDED A GRANT WILL PLANT5
443443 SEEDS THAT ARE NOT COATED WITH SEED-APPLIED SYSTEMIC INSECTICIDES6
444444 AS PART OF THE GRANT PROGRAM .7
445445 (e) "R
446446 ENEWAL APPLICATION " MEANS AN AGRICULTURAL8
447447 PRODUCER'S APPLICATION FOR AN ADDITIONAL AWARD OF MONEY UNDER9
448448 THE GRANT PROGRAM FOR A GRANT YEAR FOLLOWING THE GRANT YEAR10
449449 IN WHICH THE APPLICANT WAS PREVIOUSLY AWARDED MONEY UNDER THE11
450450 GRANT PROGRAM.12
451451 (f) (I) "S
452452 YSTEMIC INSECTICIDE" MEANS ANY CHEMICAL ACTIVE13
453453 INGREDIENT INTENDED TO KILL OR OTHERWISE HARM INSECTS OR14
454454 INVERTEBRATE WILDLIFE AND INTENDED TO TRANSLOCATE INTO THE15
455455 TISSUE OF PLANTS.16
456456 (II) "S
457457 YSTEMIC INSECTICIDE" INCLUDES THE FOLLOWING:17
458458 (A) A
459459 CETAMIPRID;18
460460 (B) C
461461 LOTHIANIDIN;19
462462 (C) D
463463 INOTEFURAN;20
464464 (D) F
465465 IPRONIL;21
466466 (E) I
467467 MIDACLOPRID;22
468468 (F) N
469469 ITENPYRAM;23
470470 (G) S
471471 ULFOXAFLOR;24
472472 (H) T
473473 HIACLOPRID; AND25
474474 (I) T
475475 HIAMETHOXAM.26
476476 (7) T
477477 HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.27
478478 SB22-131
479479 -13- SECTION 5. In Colorado Revised Statutes, 35-9-103, amend the1
480480 introductory portion and (12); and add (9.5) and (13) as follows:2
481481 35-9-103. Definitions. As used in this article ARTICLE 9, unless3
482482 the context otherwise requires:4
483483 (9.5) "N
484484 EONICOTINOID PESTICIDE" MEANS A PESTICIDE5
485485 CONTAINING AN ACTIVE INGREDIENT BELONGING TO THE NEONICOTINOID6
486486 CLASS OF INSECTICIDES.7
487487 (12) "Restricted-use pesticide" means any pesticide designated
488488 8
489489 THAT THE COMMISSIONER OR THE ADMINISTRATOR OF THE EPA9
490490 DESIGNATES as a restricted-use pesticide. by the commissioner or the10
491491 administrator of the environmental protection agency.11
492492 (13) "S
493493 ULFOXIMINE PESTICIDE" MEANS A PESTICIDE CONTAINING12
494494 AN ACTIVE INGREDIENT BELONGING TO THE SULFOXIMINE CLASS OF13
495495 INSECTICIDES.14
496496 SECTION 6. In Colorado Revised Statutes, 35-9-118, add (3.5)15
497497 as follows:16
498498 35-9-118. Powers and duties of the commissioner - legislative17
499499 declaration - rules. (3.5) (a) T
500500 HE GENERAL ASSEMBLY DECLARES THAT18
501501 THE PURPOSE OF THIS SUBSECTION (3.5) IS TO PROHIBIT THE APPLICATION19
502502 TO, OR TREATMENT OF, OUTDOOR, ORNAMENTAL PLANTS AND TURF WITH20
503503 NEONICOTINOID AND SULFOXIMINE PESTICIDES , EXCEPT:21
504504 (I) A
505505 S USED FOR AGRICULTURAL PURPOSES ;22
506506 (II) A
507507 S USED IN PET-CARE, PERSONAL-CARE, AND INDOOR23
508508 PEST-CONTROL PRODUCTS;24
509509 (III) A
510510 S USED IN PRESERVED WOOD PRODUCTS AND PRODUCTS25
511511 USED IN THE MANUFACTURE OF WOOD PRESERVATIVES ; AND26
512512 (IV) A
513513 S PRODUCTS USED ON GOLF COURSES .27
514514 SB22-131
515515 -14- (b) ON OR BEFORE MARCH 1, 2023, THE COMMISSIONER SHALL1
516516 ADOPT RULES THAT IDENTIFY THE FOLLOWING AS RESTRICTED -USE2
517517 PESTICIDES:3
518518 (I) P
519519 ESTICIDES CONTAINING ANY OF THE FOLLOWING ACTIVE4
520520 INGREDIENTS:5
521521 (A) I
522522 MIDACLOPRID;6
523523 (B) N
524524 ITHIAZINE;7
525525 (C) A
526526 CETAMIPRID;8
527527 (D) C
528528 LOTHIANIDIN;9
529529 (E) D
530530 INOTEFURAN;10
531531 (F) T
532532 HIACLOPRID; AND11
533533 (G) T
534534 HIAMETHOXAM; AND12
535535 (II) S
536536 ULFOXIMINE PESTICIDES.13
537537 (c) T
538538 HE COMMISSIONER SHALL PROMULGATE RULES TO ESTABLISH14
539539 AN EXEMPTION FROM THE RESTRICTED USE OF PESTICIDES PURSUANT TO15
540540 SUBSECTION (3.5)(b) OF THIS SECTION FOR THE USE OF A PRODUCT16
541541 CONTAINING ONE OR MORE OF THE ACTIVE INGREDIENTS LISTED IN17
542542 SUBSECTION (3.5)(b)(I) OF THIS SECTION IF THE PRODUCT IS USED IN18
543543 ACCORDANCE WITH THE DIRECTIONS ON THE PRODUCT 'S LABEL AND AS A:19
544544 (I) P
545545 ET-CARE PRODUCT;20
546546 (II) P
547547 ERSONAL-CARE PRODUCT;21
548548 (III) I
549549 NDOOR PEST-CONTROL PRODUCT;22
550550 (IV) P
551551 RESERVED WOOD PRODUCT OR PRODUCT USED IN THE23
552552 MANUFACTURE OF WOOD PRESERVATIVES ; OR24
553553 (V) P
554554 RODUCT USED ON GOLF COURSES .25
555555 (d) N
556556 OTHING IN THIS SUBSECTION (3.5):26
557557 (I) P
558558 REVENTS THE COMMISSIONER FROM IDENTIFYING OTHER27
559559 SB22-131
560560 -15- NEONICOTINOID PESTICIDES OR SULFOXIMINE PESTICIDES AS1
561561 RESTRICTED-USE PESTICIDES IF RESTRICTING THEIR USE IS DONE IN2
562562 ACCORDANCE WITH THE COMMISSIONER 'S AUTHORITY UNDER THIS ARTICLE3
563563 9;4
564564 (II) A
565565 LTERS, LIMITS, OR EXPANDS THE COMMISSIONER'S EXISTING5
566566 AUTHORITY TO DESIGNATE A PESTICIDE THAT IS NOT A NEONICOTINOID6
567567 PESTICIDE OR SULFOXIMINE PESTICIDE AS A STATE RESTRICTED -USE OR7
568568 LIMITED-USE PESTICIDE UNDER THIS ARTICLE 9; OR8
569569 (III) A
570570 LTERS OR LIMITS THE APPLICATION OF PESTICIDES FOR9
571571 AGRICULTURAL USE.10
572572 SECTION 7. In Colorado Revised Statutes, 35-10-112, repeal (3)11
573573 as follows:12
574574 35-10-112. Notification requirements - registry of13
575575 pesticide-sensitive persons - rules. (3) No county, city and county,
576576 14
577577 municipality, home rule county, home rule city and county, or home rule15
578578 municipality shall enact or impose any notification requirements upon16
579579 commercial applicators which are more stringent than those imposed by17
580580 this article; except that each county, city and county, municipality, home18
581581 rule county, home rule city and county, and home rule municipality shall19
582582 retain the authority to impose any notification requirements upon private20
583583 individuals, property owners, and the general public. Any such21
584584 notification requirement imposed by any county, city and county,22
585585 municipality, home rule county, home rule city and county, or home rule23
586586 municipality on private individuals, property owners, or the general24
587587 public shall not be held to be applicable to any commercial applicator, nor25
588588 shall any commercial applicator be exposed to any liability for a failure26
589589 to comply with any such notification requirement.27
590590 SB22-131
591591 -16- SECTION 8. In Colorado Revised Statutes, amend 35-10-112.51
592592 as follows:2
593593 35-10-112.5. Statewide uniformity of pesticide control and3
594594 regulation - exceptions. (1) The general assembly hereby determines4
595595 that:5
596596 (a) The citizens of this state benefit from a system of safe,6
597597 effective, and scientifically sound pesticide regulation;7
598598 (b) I
599599 T IS ESSENTIAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE8
600600 THAT THE CITIZENS OF THE STATE HAVE a system of pesticide regulation9
601601 that:10
602602 (I) Is consistent
603603 TRANSPARENT and coordinated; that11
604604 (II) Creates statewide uniform
605605 BASELINE standards; and that
606606 12
607607 (III) Conforms with both state and federal
608608 BASELINE technical13
609609 standards and requirements; is essential to the public health, safety, and
610610 14
611611 welfare, and finds that local regulation of pesticides that is inconsistent15
612612 with and adopts different standards from federal and state requirements16
613613 does not assist in achieving these benefits; AND17
614614 (IV) E
615615 NABLES LOCAL GOVERNMENTS TO ADDRESS THE NEEDS OF18
616616 THEIR RESIDENTS AND THE NEEDS OF THE LOCAL ENVIRONMENT ;19
617617 (c) (I) Through statute and regulation
618618 RULES, the state has created20
619619 a system of pesticide regulation based upon scientific standards that21
620620 protects the citizens of this state;22
621621 (II) T
622622 HE STATE HAS PRIMARY ENFORCEMENT RESPONSIBILITY FOR23
623623 PESTICIDE VIOLATIONS UNDER 7 U.S.C. SEC. 136w-1, AND 7 U.S.C. SEC.24
624624 136w-5
625625 AUTHORIZES STATES TO DEVELOP LICENSING, CERTIFICATION, AND25
626626 TRAINING PROGRAMS FOR PESTICIDE USE AND APPLICATIONS ; AND26
627627 (III) A
628628 LTHOUGH THE STATE HAS PRIMARY ENFORCEMENT27
629629 SB22-131
630630 -17- RESPONSIBILITY, LOCAL GOVERNMENTS MAY REGULATE THE USE AND1
631631 APPLICATION OF A PESTICIDE IN THE INTEREST OF PUBLIC HEALTH, PUBLIC2
632632 SAFETY, AND ENVIRONMENTAL PROTECTION IF THE REGULATION MEETS3
633633 THE REQUIREMENTS OF BOTH STATE AND FEDERAL LAW AND IF THE USE IS4
634634 NOT FOR THE PRODUCTION OF AGRICULTURAL PRODUCTS ;5
635635 (d) Although the cultivation of marijuana is illegal under federal6
636636 law and so the use of pesticides in cultivating marijuana is not specifically7
637637 allowed by any pesticide's label, the cultivation of marijuana is8
638638 specifically allowed and regulated by Colorado law, and the use of9
639639 pesticides should be regulated pursuant to this article ARTICLE 10 and10
640640 rules promulgated pursuant to this article ARTICLE 10 rather than pursuant11
641641 to local laws; and12
642642 (e) Pesticide regulation is a matter of
643643 BOTH statewide AND LOCAL13
644644 concern;
645645 AND14
646646 (f) T
647647 HIS SECTION DOES NOT AFFECT ANY DUTY IMPOSED UNDER15
648648 ARTICLE 4, 5.5, 7, OR 9 OF THIS TITLE 35.16
649649 (2) A local government shall not adopt or continue in effect any17
650650 ordinance, rule, resolution,
651651 OR charter provision or statute
652652 regarding the18
653653 use of any pesticide by persons regulated by this article ARTICLE 10 or19
654654 federal law and pertaining to:20
655655 (a) Any labeling or registration requirements for pesticides,21
656656 including requirements regarding the name of the product, the name and22
657657 address of the manufacturer, and any applicable registration numbers;23
658658 (b) (I) The use and application of pesticides IN CONNECTION WITH24
659659 THE CULTIVATION OF MARIJUANA by persons regulated by this article25
660660 ARTICLE 10 or federal law; including but not limited to, directions for use,26
661661 classification of pesticides as general or restricted use, mixing and27
662662 SB22-131
663663 -18- loading, site of application, target pest, dosage rate, method of1
664664 application, application equipment, frequency and timing of applications,2
665665 application rate, reentry intervals, worker specifications, container storage3
666666 and disposal, required intervals between application and harvest of food4
667667 or feed crops, rotational crop restrictions, and warnings against use on5
668668 certain crops, animals, or objects or against use in or adjacent to certain6
669669 areas.7
670670 (II) Subparagraph (I) of this paragraph (b) applies to the use and8
671671 application of pesticides by persons regulated by this article or federal law9
672672 in connection with the cultivation of marijuana.10
673673 (c) Except as specifically provided in this article, any warnings11
674674 and precautionary statements, notifications, or statements of practical12
675675 treatment; or13
676676 (d) (c) Licensure, training, or certification requirements for14
677677 persons regulated under this article ARTICLE 10, including any insurance15
678678 and record-keeping requirements;
679679 OR16
680680 (d) T
681681 HE USE OF PESTICIDES IN THE PRODUCTION OF AGRICULTURAL17
682682 PRODUCTS, INCLUDING:18
683683 (I) G
684684 ROWING FEED FOR LIVESTOCK;19
685685 (II) M
686686 ANAGING LIVESTOCK; OR20
687687 (III) M
688688 AINTAINING AGRICULTURAL WATER SUPPLY FACILITIES ,21
689689 INCLUDING IRRIGATION DITCHES AND OTHER WATER INFRASTRUCTURE .22
690690 (3) (a) Nothing in
691691 This article may be construed to ARTICLE 1023
692692 DOES NOT limit the authority of a local government as defined by state law24
693693 to:25
694694 (I) (A) Zone for the sale or storage of any pesticide;26
695695 (B) Provide or designate sites for disposal of any pesticide or27
696696 SB22-131
697697 -19- pesticide container;1
698698 (C) Adopt or enforce building and fire code requirements;2
699699 (D) Regulate the transportation of pesticides consistently with and3
700700 in no more strict of a manner than state and federal law;4
701701 (E) Adopt regulations pursuant to a storm water management5
702702 program that is ARE consistent with OR MORE RESTRICTIVE THAN federal6
703703 or state law; or7
704704 (F) Adopt regulations to protect surface or groundwater drinking8
705705 water supplies consistent with
706706 OR MORE RESTRICTIVE THAN state or9
707707 federal law concerning the protection of drinking water supplies;10
708708 (II) I
709709 N ORDER TO COMPLY WITH ANY SPECIFIC FEDERAL OR STATE11
710710 REQUIREMENT OR AVOID A FINE OR OTHER PENALTY UNDER FEDERAL OR12
711711 STATE LAW, take any action:13
712712 (A) Specifically authorized or required by any federal or state law14
713713 or regulation with respect to pesticides; or to take any action
714714 15
715715 (B) Otherwise prohibited by this article in order to comply with16
716716 any specific federal or state requirement or in order to avoid a fine or17
717717 other penalty under federal or state law ARTICLE 10;18
718718 (III) Regulate the use of pesticides on property owned or leased19
719719 by the local government;20
720720 (IV) Issue local general occupational licenses to persons regulated21
721721 by this article. ARTICLE 10; OR22
722722 (V) A
723723 DOPT ANY ORDINANCE , REGULATION, RESOLUTION, OR23
724724 CHARTER PROVISION CONCERNING THE USE AND APPLICATION OF A24
725725 PESTICIDE THAT IS ADOPTED IN THE INTEREST OF PUBLIC HEALTH , PUBLIC25
726726 SAFETY, AND ENVIRONMENTAL PROTECTION .26
727727 (b) This subsection (3) does not authorize a local government to
728728 27
729729 SB22-131
730730 -20- utilize the police power or the authority to zone, to provide or designate1
731731 disposal sites, to adopt and enforce building and fire codes, or to regulate2
732732 the transportation of pesticides as described in paragraph (a) of this3
733733 subsection (3) to directly or indirectly regulate or prohibit the application4
734734 of pesticides by persons regulated by this article or by federal law,5
735735 including in connection with the cultivation of marijuana.6
736736 (c) Nothing in this article shall be construed to be an implicit grant7
737737 of authority to a local government that is not otherwise granted by state8
738738 law.9
739739 (b) T
740740 HIS SECTION DOES NOT AFFECT A LOCAL GOVERNMENT 'S10
741741 OBLIGATION TO MEET THE REQUIREMENTS OF STATE AND FEDERAL LAW .11
742742 (4) Any
743743 A local government, that promulgates IN PROMULGATING12
744744 an ordinance,
745745 REGULATION, RESOLUTION, OR CHARTER PROVISION that13
746746 concerns pesticides
747747 OR that is promulgated pursuant to section 31-15-70714
748748 (1)(b), C.R.S., or that is promulgated pursuant to any authority described
749749 15
750750 in paragraph (a) of subsection (3) of this section concerning pesticides16
751751 shall file the following with the department of agriculture:17
752752 (a) A certified copy of the ordinance,
753753 REGULATION, RESOLUTION,18
754754 OR CHARTER PROVISION; and19
755755 (b) A map or legal description of the geographic area that the local20
756756 government intends to regulate under the ordinance,
757757 REGULATION,21
758758 RESOLUTION, OR CHARTER PROVISION.22
759759 SECTION 9. In Colorado Revised Statutes, add 35-10-112.6 as23
760760 follows:24
761761 35-10-112.6. Judicial review of local government ordinances,25
762762 regulations, resolutions, or charter provisions. S
763763 TATE COURTS HAVE26
764764 EXCLUSIVE JURISDICTION TO REVIEW LOCAL PESTICIDE ORDINANCES ,27
765765 SB22-131
766766 -21- REGULATIONS, RESOLUTIONS, OR CHARTER PROVISIONS.1
767767 SECTION 10. In Colorado Revised Statutes, 30-11-107, add2
768768 (1)(mm) as follows:3
769769 30-11-107. Powers of the board. (1) The board of county4
770770 commissioners of each county has power at any meeting:5
771771 (mm) T
772772 O REGULATE THE USE AND APPLICATION OF PESTICIDES IN6
773773 ACCORDANCE WITH ARTICLE 10 OF TITLE 35.7
774774 SECTION 11. Act subject to petition - effective date. Sections8
775775 7, 8, and 10 of this act take effect March 1, 2023, and the remainder of9
776776 this act takes effect at 12:01 a.m. on the day following the expiration of10
777777 the ninety-day period after final adjournment of the general assembly;11
778778 except that, if a referendum petition is filed pursuant to section 1 (3) of12
779779 article V of the state constitution against this act or an item, section, or13
780780 part of this act within such period, then the act, item, section, or part will14
781781 not take effect unless approved by the people at the general election to be15
782782 held in November 2022 and, in such case, will take effect on the date of16
783783 the official declaration of the vote thereon by the governor; except that17
784784 sections 7, 8, and 10 of this act take effect March 1, 2023.18
785785 SB22-131
786786 -22-