First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0327.01 Jennifer Berman x3286
SENATE BILL 23-192
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE "PESTICIDE APPLICATORS'101
A
CT", AND, IN CONNECTION THEREWITH , IMPLEMENTING102
RECOMMENDATIONS CONTAINED IN THE 2022 SUNSET REPORT103
BY THE DEPARTMENT OF RE GULATORY AGENCIES REGARDING104
THE ACT.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/
.)
Sunset Process - Senate Agriculture and Natural Resources
Committee. The bill implements some of the recommendations of the
SENATE SPONSORSHIP
Priola and Roberts, Marchman, Pelton B., Pelton R., Simpson
HOUSE SPONSORSHIP
Kipp and McLachlan,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. department of regulatory agencies, as contained in the department's sunset
review of the "Pesticide Applicators' Act" (act), as follows:
! Sections 1 and 2 of the bill continue the act for 11 years,
until September 1, 2034;
! Section 3 updates the statutory definition of "use" to align
with the federal definition adopted by the federal
environmental protection agency;
! Section 4 increases the maximum civil penalty for a
violation of the act from $1,000 to $2,500 for the first
violation, which results in the possibility of a maximum
civil penalty of $5,000 for a second violation;
! Section 5 requires that money collected for civil penalties
imposed under the act be transferred to the general fund;
! Section 6 requires the commissioner of agriculture
(commissioner) to publish and periodically update
information on the department of agriculture's website
about pesticide applicators' licensing and registration;
! Section 7 requires the commissioner to establish an online
complaint process;
! Section 8 limits the number of terms that members of the
advisory committee may serve to 2 terms, but allows a
member representing the Colorado state university
agricultural experiment station or extension service (CSU)
or the Colorado department of public health and
environment (CDPHE) to serve on the advisory committee
for unlimited terms during the duration of the member's
employment with CSU or CDPHE; and
! Sections 9 to 11 place language in statutes governing local
governments that mirrors the language in the act requiring
a local government that adopts an ordinance or resolution
about pesticides to submit information to the commissioner
about the ordinance or resolution.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
(24)(a)(I); and add (35)(a)(V) as follows:3
24-34-104. General assembly review of regulatory agencies4
and functions for repeal, continuation, or reestablishment - legislative5
declaration - repeal. (24) (a) The following agencies, functions, or both,6
are scheduled for repeal on September 1, 2023:7
SB23-192-2- (I) The regulation by the commissioner of agriculture of the1
application of pesticides in accordance with article 10 of title 35, C.R.S.;2
(35) (a) The following agencies, functions, or both, are scheduled3
for repeal on September 1, 2034:4
(V) T
HE REGULATION OF THE APPLICATION OF PESTICIDES BY THE5
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH ARTICLE 10 OF6
TITLE 35.7
SECTION 2. In Colorado Revised Statutes, amend 35-10-128 as8
follows:9
35-10-128. Repeal of article - review of functions. Effective
10
September 1, 2023, This article 10 is repealed, Prior to EFFECTIVE11
S
EPTEMBER 1, 2034. BEFORE the repeal, THIS ARTICLE 10 IS SCHEDULED12
FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104. AS PART OF ITS13
REVIEW, the department of regulatory agencies shall review the regulation
14
by the commissioner of the application of pesticides pursuant to this15
article 10 as provided for in section 24-34-104, C.R.S., and shall report16
on the extent of local regulation of pesticides pursuant to section17
31-15-707 (1)(b) C.R.S., or under the police power of any political18
subdivision of the state.19
SECTION 3. In Colorado Revised Statutes, 35-10-103, amend20
the introductory portion and (18) as follows:21
35-10-103. Definitions. As used in this article ARTICLE 10, unless22
the context otherwise requires:23
(18) "Use" means: all aspects of the handling of pesticides,24
including but not limited to the mixing, loading, application or25
administration, spill control, and disposal of a pesticide or its container.26
(a) P
RE-APPLICATION ACTIVITIES, INCLUDING:27
SB23-192
-3- (I) ARRANGING FOR THE APPLICATION OF THE PESTICIDE ;1
(II) M
IXING AND LOADING THE PESTICIDE; AND2
(III) M
AKING NECESSARY PREPARATIONS FOR THE APPLICATION OF3
THE PESTICIDE, INCLUDING:4
(A) R
ESPONSIBILITIES RELATED TO WORKER NOTIFICATION ;5
(B) T
RAINING OF WORKERS OR HANDLERS ;6
(C) P
ROVIDING DECONTAMINATION SUPPLIES ;7
(D) P
ROVIDING PESTICIDE SAFETY INFORMATION AND PESTICIDE8
APPLICATION AND HAZARD INFORMATION ;9
(E) U
SING AND TAKING CARE OF PERSONAL PROTECTIVE10
EQUIPMENT;11
(F) P
ROVIDING EMERGENCY ASSISTANCE ; AND12
(G) M
ANAGING HEAT STRESS;13
(b) A
PPLICATION OF THE PESTICIDE;14
(c) P
OST-APPLICATION ACTIVITIES INTENDED TO REDUCE THE RISKS15
OF ILLNESS AND INJURY RESULTING FROM HANDLERS ' AND WORKERS'16
OCCUPATIONAL EXPOSURES TO PESTICIDE RESIDUES DURING AND AFTER17
THE RESTRICTED-ENTRY INTERVAL, AS THAT TERM IS DEFINED IN 40 CFR18
170.305,
INCLUDING:19
(I) R
ESPONSIBILITIES RELATED TO WORKER NOTIFICATION ;20
(II) T
RAINING OF WORKERS OR EARLY -ENTRY WORKERS;21
(III) P
ROVIDING DECONTAMINATION SUPPLIES ;22
(IV) P
ROVIDING PESTICIDE SAFETY INFORMATION AND PESTICIDE23
APPLICATION AND HAZARD INFORMATION ;24
(V) U
SING AND TAKING CARE OF PERSONAL PROTECTIVE25
EQUIPMENT;26
(VI) P
ROVIDING EMERGENCY ASSISTANCE ; AND27
SB23-192
-4- (VII) MANAGING HEAT STRESS; AND1
(d) O
THER PESTICIDE-RELATED ACTIVITIES, INCLUDING:2
(I) T
RANSPORTING OR STORING PESTICIDES THAT HAVE BEEN3
OPENED;4
(II) C
LEANING EQUIPMENT; AND5
(III) D
ISPOSING OF EXCESS PESTICIDES, SPRAY MIX, EQUIPMENT6
WASH WATERS , PESTICIDE CONTAINERS , AND OTHER7
PESTICIDE-CONTAINING MATERIALS.8
SECTION 4. In Colorado Revised Statutes, 35-10-122, amend9
(1) as follows:10
35-10-122. Civil penalties. (1) Any person who violates any
11
provision of this article or any rule or regulation THIS ARTICLE 10 OR ANY12
RULE adopted pursuant to this article ARTICLE 10 is subject to a civil13
penalty, as determined by the commissioner or a court of competent14
jurisdiction. The maximum penalty shall not exceed one IS TWO thousand15
FIVE HUNDRED dollars per violation; except that such THE penalty may be16
doubled if it is determined, after notice and an opportunity for hearing,17
that the person has violated the provision
OR rule or regulation
for the18
second time.19
SECTION 5. In Colorado Revised Statutes, amend 35-10-126 as20
follows:21
35-10-126. Transfer of money to plant health, pest control,22
and environmental protection cash fund - fees. (1) All fees and civil23
fines collected pursuant to this article ARTICLE 10 shall be transmitted to24
the state treasurer, who shall credit the same MONEY to the plant health,25
pest control, and environmental protection cash fund created in section26
35-1-106.3.27
SB23-192
-5- (2) ALL CIVIL PENALTIES COLLECTED PURSUANT TO SECTION1
35-10-122
SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL2
CREDIT THE MONEY TO THE GENERAL FUND .3
SECTION 6. In Colorado Revised Statutes, 35-10-124, add (3)4
as follows:5
35-10-124. Information - use and handling of pesticides -6
enforcement action - credentialing information - definition.7
(3) (a) T
HE COMMISSIONER SHALL:8
(I) P
UBLISH AND PERIODICALLY UPDATE INFORMATION ON THE9
DEPARTMENT'S WEBSITE INFORMING CONSUMERS ABOUT WHICH PESTICIDE10
APPLICATORS ARE CREDENTIALED IN COMPLIANCE WITH THIS ARTICLE 10;11
AND12
(II) P
ROVIDE THE CREDENTIALING INFORMATION SPECIFIED IN13
SUBSECTION (3)(a)(I) OF THIS SECTION IN A MANNER THAT MEMBERS OF14
THE PUBLIC MAY EASILY ACCESS AND SEARCH ON THE WEBSITE .15
(b) A
S USED IN THIS SUBSECTION (3), "CREDENTIALED" MEANS16
HAVING A VALID LICENSE OR REGISTRATION ISSUED PURSUANT TO THIS17
ARTICLE 10.18
SECTION 7. In Colorado Revised Statutes, 35-10-118, add (9.7)19
as follows:20
35-10-118. Powers and duties of the commissioner.21
(9.7) (a) T
HE COMMISSIONER SHALL:22
(I) D
EVELOP AN ONLINE COMPLAINT PROCESS ON THE23
DEPARTMENT'S WEBSITE THAT ALLOWS MEMBERS OF THE PUBLIC TO FILL24
OUT AND SUBMIT A COMPLAINT FORM ONLINE ; AND25
(II) P
ROVIDE THE COMPLAINT FORM IN A MANNER THAT IS :26
(A) E
ASILY ACCESSIBLE ON THE DEPARTMENT 'S WEBSITE;27
SB23-192
-6- (B) USER-FRIENDLY;1
(C) P
RINTABLE; AND2
(D) A
CCOMPANIED BY EASY-TO-FOLLOW INSTRUCTIONS.3
(b) T
HE COMPLAINT FORM OR THE INSTRUCTIONS ACCOMPANYING4
THE COMPLAINT FORM MUST INCLUDE THE DEPARTMENT 'S MAILING5
ADDRESS SO THAT A MEMBER OF THE PUBLIC MAY CHOOSE TO PRINT AND6
SUBMIT THE COMPLAINT FORM BY MAIL INSTEAD OF ELECTRONICALLY .7
SECTION 8. In Colorado Revised Statutes, 35-10-125, amend8
(4) as follows:9
35-10-125. Advisory committee. (4) The appointment of the
10
formulator, the commercial applicator engaged in the control of11
agricultural crop pests, and one of the representatives from a registered12
public applicator shall expire on January 1, 1991; and the appointment of13
the commercial applicator engaged in the control of turf or ornamental14
pests, the representative from the general public who is actively engaged15
in agricultural production, the qualified supervisor employed by a16
registered limited commercial applicator, and the representative from the17
department of health shall expire on January 1, 1992. The initial18
appointment of all other members shall be for a term of three years.19
Thereafter, the appointment of Each member to OF the committee shall be20
for SERVES a term of three years AND MAY SERVE A MAXIMUM OF TWO21
CONSECUTIVE TERMS ON THE COMMITTEE ; EXCEPT THAT A COMMITTEE22
MEMBER APPOINTED PURSUANT TO SUBSECTION (2)(g) OR (2)(h) OF THIS23
SECTION MAY SERVE UNLIMITED TERMS FOR THE DURATION OF THE24
COMMITTEE MEMBER 'S EMPLOYMENT BY THE AGENCY THAT THE25
COMMITTEE MEMBER REPRESENTS .26
SECTION 9. In Colorado Revised Statutes, add 29-20-110 as27
SB23-192
-7- follows:1
29-20-110. Local government regulation of pesticide use -2
definitions. (1) A
LOCAL GOVERNMENT THAT ADOPTS AN ORDINANCE OR3
RESOLUTION CONCERNING PESTICIDES , INCLUDING AN ORDINANCE OR4
RESOLUTION ADOPTED PURSUANT TO SECTION 31-15-707 (1)(b) THAT5
AFFECTS PESTICIDE USE, SHALL FILE THE FOLLOWING WITH THE6
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION7
35-10-112.5
(4):8
(a) A
CERTIFIED COPY OF THE ORDINANCE OR RESOLUTION ; AND9
(b) A
MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT10
THE LOCAL GOVERNMENT INTENDS TO REGULATE UNDER THE ORDINANCE11
OR RESOLUTION.12
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "C
OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER15
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION16
35-1-107
(1) OR THE COMMISSIONER'S DESIGNEE.17
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION18
35-10-103
(10).19
SECTION 10. In Colorado Revised Statutes, add 30-11-131 as20
follows:21
30-11-131. Regulation of pesticide use - definitions. (1) A22
BOARD OF COUNTY COMMISSIONERS THAT ADOPTS AN ORDINANCE OR23
RESOLUTION CONCERNING PESTICIDES SHALL FILE THE FOLLOWING WITH24
THE COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION25
35-10-112.5
(4):26
(a) A
CERTIFIED COPY OF THE ORDINANCE OR RESOLUTION ; AND27
SB23-192
-8- (b) A MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT1
THE BOARD OF COUNTY COMMISSIONERS INTENDS TO REGULATE UNDER2
THE ORDINANCE OR RESOLUTION .3
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES:5
(a) "C
OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER6
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION7
35-1-107
(1) OR THE COMMISSIONER'S DESIGNEE.8
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION9
35-10-103
(10).10
SECTION 11. In Colorado Revised Statutes, add 31-15-905 as11
follows:12
31-15-905. Regulation of pesticide use - definitions. (1) T
HE13
GOVERNING BODY OF A MUNICIPALITY THAT ADOPTS AN ORDINANCE OR14
RESOLUTION CONCERNING PESTICIDES , INCLUDING AN ORDINANCE OR15
RESOLUTION ADOPTED PURSUANT TO SECTION 31-15-707 (1)(b) THAT16
AFFECTS PESTICIDE USE, SHALL FILE THE FOLLOWING WITH THE17
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION18
35-10-112.5
(4):19
(a) A
CERTIFIED COPY OF THE ORDINANCE OR RESOLUTION ; AND20
(b) A
MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT21
THE GOVERNING BODY INTENDS TO REGULATE UNDER THE ORDINANCE OR22
RESOLUTION.23
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24
REQUIRES:25
(a) "C
OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER26
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION27
SB23-192
-9- 35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.1
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION2
35-10-103
(10).3
SECTION 12. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
SB23-192
-10-