First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0327.01 Jennifer Berman x3286
SENATE BILL 23-192
Senate Committees House Committees
Agriculture & Natural Resources
Appropriations
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, AND 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/
.)
Sunset Process - Senate Agriculture and Natural Resources
Committee. The bill implements some of the recommendations of the
SENATE
Amended 2nd Reading
April 14, 2023
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
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
27
192
-3- 1
(a) P
RE-APPLICATION ACTIVITIES INVOLVING MIXING AND LOADING
2
A PESTICIDE;3
(b) A
PPLYING THE PESTICIDE, INCLUDING SUPERVISING THE USE OF
4
A PESTICIDE BY A NONCERTIFIED APPLICATOR; AND5
(c) O
THER PESTICIDE-RELATED ACTIVITIES, INCLUDING:
6
(I) T
RANSPORTING OR STORING PESTICIDE CONTAINERS THAT HAVE
7
BEEN OPENED;8
(II) C
LEANING EQUIPMENT; AND
9
(III) D
ISPOSING OF EXCESS PESTICIDES, SPRAY MIX, EQUIPMENT
10
WASH WATER, PESTICIDE CONTAINERS, AND OTHER PESTICIDE-CONTAINING11
MATERIALS.12
SECTION 4. In Colorado Revised Statutes, 35-10-112, amend13
(1)(a) and (1)(c)(I)(A); and add (1)(c)(III) and (1)(f) as follows:14
35-10-112. Notification requirements - registry of15
pesticide-sensitive persons - preemption - rules. (1) (a) (I) The16
commissioner shall promulgate rules for the establishment of a registry17
of pesticide-sensitive persons to be maintained by the department.18
Pesticide-sensitive persons may apply to be placed on the registry if they19
can provide proof of medical justification by a physician licensed in20
Colorado in the form and manner prescribed by the commissioner. T
O
21
REMAIN ON THE REGISTRY, A PESTICIDE-SENSITIVE PERSON MUST UPDATE22
the
PERSON'S proof of medical justification shall be updated
every two23
years. The
DEPARTMENT SHALL UPDATE THE registry shall be updated
at24
least annually, and
MAKE the published registry shall be made
readily25
accessible, in a form and manner prescribed by the commissioner, to all26
commercial, registered limited commercial, and registered public27
192
-4- applicators on record with the commissioner.1
(II) I
N APPLYING TO BE PLACED ON THE REGISTRY , A
2
PESTICIDE-SENSITIVE PERSON MAY LIST A PRINCIPAL:3
(A) R
ESIDENTIAL ADDRESS;
4
(B) E
MPLOYMENT ADDRESS ; AND
5
(C) S
CHOOL ADDRESS.
6
(c) (I) A commercial, registered limited commercial, or registered7
public applicator, prior to applying a pesticide in any turf or ornamental8
category, shall take reasonable actions to give notice of the date and9
approximate time of any such pesticide application, prior to the10
application, to any pesticide-sensitive person whose name is on the11
published registry and:12
(A) Who resides on HAS LISTED the property to be treated AS THE13
PERSON'S PRINCIPAL RESIDENTIAL, EMPLOYMENT, OR SCHOOL ADDRESS14
PURSUANT TO SUBSECTION (1)(a)(II) OF THIS SECTION;15
(III) I
N NOTIFYING A PESTICIDE-SENSITIVE PERSON PURSUANT TO
16
THIS SECTION, A COMMERCIAL, REGISTERED LIMITED COMMERCIAL , OR17
REGISTERED PUBLIC APPLICATOR MAY PROVIDE THE NOTICE18
ELECTRONICALLY.19
(f) (I) O
N OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL
20
DEVELOP A SEARCHABLE DATABASE OF ALL PROPERTIES THAT ABUT , OR21
ARE ENTIRELY LOCATED WITHIN TWO HUNDRED FIFTY FEET OF , ANY22
RESIDENTIAL PROPERTY LISTED IN THE REGISTRY OF PESTICIDE-SENSITIVE23
PERSONS. IF A PROPERTY IS ONLY PARTIALLY LOCATED WITHIN TWO24
HUNDRED FIFTY FEET OF A RESIDENTIAL PROPERTY LISTED IN THE25
REGISTRY, AND DOES NOT ABUT THE RESIDENTIAL PROPERTY , THE26
DEPARTMENT SHALL NOT INCLUDE THE PROPERTY IN THE SEARCHABLE27
192
-5- DATABASE.1
(II) W
HEN DEVELOPING THE SEARCHABLE DATABASE PURSUANT
2
TO THIS SUBSECTION (1)(f), THE DEPARTMENT MUST:3
(A) T
HROUGH THE COMMISSIONER , ADOPT RULES REQUIRING A
4
COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC5
APPLICATOR TO PROVIDE NOTICE TO A PESTICIDE-SENSITIVE PERSON IF THE6
COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC7
APPLICATOR TREATS A PROPERTY THAT IS LISTED IN THE SEARCHABLE8
DATABASE AS ABUTTING , OR BEING ENTIRELY LOCATED WITHIN TWO9
HUNDRED FIFTY FEET OF, THE PESTICIDE SENSITIVE PERSON'S LISTED10
RESIDENTIAL PROPERTY . A COMMERCIAL, REGISTERED LIMITED11
COMMERCIAL, OR REGISTERED PUBLIC APPLICATOR IS NOT REQUIRED TO12
PROVIDE NOTICE PURSUANT TO THIS SUBSECTION (1)(f)(II)(A) UNLESS AND13
UNTIL THE COMMISSIONER ADOPTS RULES PURSUANT TO THIS SUBSECTION14
(1)(f)(II)(A).15
(B) P
ERIODICALLY UPDATE THE SEARCHABLE DATABASE AS
16
NEEDED; AND17
(C) P
ROVIDE ACCESS TO THE SEARCHABLE DATABASE TO ALL
18
COMMERCIAL, REGISTERED LIMITED COMMERCIAL , AND REGISTERED19
PUBLIC APPLICATORS.20
(III) I
T IS AN AFFIRMATIVE DEFENSE TO AN ALLEGATION THAT A
21
COMMERCIAL, REGISTERED LIMITED COMMERCIAL, OR REGISTERED PUBLIC22
APPLICATOR VIOLATED RULES ADOPTED PURSUANT TO SUBSECTION23
(1)(f)(II)(A)
OF THIS SECTION IF A FAILURE TO NOTIFY A
24
PESTICIDE-SENSITIVE PERSON OF THE TREATMENT OF A PROPERTY THAT25
ABUTS, OR IS LOCATED ENTIRELY WITHIN TWO HUNDRED FIFTY FEET OF ,26
THE PESTICIDE-SENSITIVE PERSON'S LISTED RESIDENTIAL PROPERTY27
192
-6- RESULTED FROM THE FACT THAT THE TREATED PROPERTY WAS NOT LISTED1
IN THE SEARCHABLE DATABASE AT THE TIME OF THE TREATMENT .2
SECTION 5. In Colorado Revised Statutes, 35-10-122, amend3
(1) as follows:4
35-10-122. Civil penalties. (1) Any person who violates any5
provision of this article or any rule or regulation THIS ARTICLE 10 OR ANY6
RULE adopted pursuant to this article ARTICLE 10 is subject to a civil7
penalty, as determined by the commissioner or a court of competent8
jurisdiction. The maximum penalty shall not exceed one IS TWO thousand9
FIVE HUNDRED dollars per violation; except that such THE penalty may be10
doubled if it is determined, after notice and an opportunity for hearing,11
that the person has violated the provision
OR rule or regulation
for the12
second time.13
SECTION 6. In Colorado Revised Statutes, amend 35-10-126 as14
follows:15
35-10-126. Transfer of money to plant health, pest control,16
and environmental protection cash fund - fees. (1) All fees and civil17
fines collected pursuant to this article ARTICLE 10 shall be transmitted to18
the state treasurer, who shall credit the same MONEY to the plant health,19
pest control, and environmental protection cash fund created in section20
35-1-106.3.21
(2) A
LL CIVIL PENALTIES COLLECTED PURSUANT TO SECTION22
35-10-122
SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL23
CREDIT THE MONEY TO THE GENERAL FUND .24
SECTION 7.
In Colorado Revised Statutes, 35-10-124, add (3)25
as follows:26
35-10-124. Information - use and handling of pesticides -27
192
-7- enforcement action - credentialing information - definition.1
(3) (a) T
HE COMMISSIONER SHALL:2
(I) P
UBLISH AND PERIODICALLY UPDATE INFORMATION ON THE3
DEPARTMENT'S WEBSITE INFORMING CONSUMERS ABOUT WHICH PESTICIDE4
APPLICATORS ARE CREDENTIALED IN COMPLIANCE WITH THIS ARTICLE 10;5
AND6
(II) P
ROVIDE THE CREDENTIALING INFORMATION SPECIFIED IN7
SUBSECTION (3)(a)(I) OF THIS SECTION IN A MANNER THAT MEMBERS OF8
THE PUBLIC MAY EASILY ACCESS AND SEARCH ON THE WEBSITE .9
(b) A
S USED IN THIS SUBSECTION (3), "CREDENTIALED" MEANS10
HAVING A VALID LICENSE OR REGISTRATION ISSUED PURSUANT TO THIS11
ARTICLE 10.12
SECTION 8.
In Colorado Revised Statutes, 35-10-118, add (9.7)13
as follows:14
35-10-118. Powers and duties of the commissioner.15
(9.7) (a) T
HE COMMISSIONER SHALL:16
(I) D
EVELOP AN ONLINE COMPLAINT PROCESS ON THE17
DEPARTMENT'S WEBSITE THAT ALLOWS MEMBERS OF THE PUBLIC TO FILL18
OUT AND SUBMIT A COMPLAINT FORM ONLINE ; AND19
(II) P
ROVIDE THE COMPLAINT FORM IN A MANNER THAT IS :20
(A) E
ASILY ACCESSIBLE ON THE DEPARTMENT 'S WEBSITE;21
(B) U
SER-FRIENDLY;22
(C) P
RINTABLE; AND23
(D) A
CCOMPANIED BY EASY-TO-FOLLOW INSTRUCTIONS.24
(b) T
HE COMPLAINT FORM OR THE INSTRUCTIONS ACCOMPANYING25
THE COMPLAINT FORM MUST INCLUDE THE DEPARTMENT 'S MAILING26
ADDRESS SO THAT A MEMBER OF THE PUBLIC MAY CHOOSE TO PRINT AND27
192
-8- SUBMIT THE COMPLAINT FORM BY MAIL INSTEAD OF ELECTRONICALLY .1
SECTION 9. In Colorado Revised Statutes, 35-10-125, amend2
(4) as follows:3
35-10-125. Advisory committee. (4) The appointment of the4
formulator, the commercial applicator engaged in the control of5
agricultural crop pests, and one of the representatives from a registered6
public applicator shall expire on January 1, 1991; and the appointment of7
the commercial applicator engaged in the control of turf or ornamental8
pests, the representative from the general public who is actively engaged9
in agricultural production, the qualified supervisor employed by a10
registered limited commercial applicator, and the representative from the11
department of health shall expire on January 1, 1992. The initial12
appointment of all other members shall be for a term of three years.13
Thereafter, the appointment of Each member to OF the committee shall be14
for SERVES a term of three years AND MAY SERVE A MAXIMUM OF TWO15
CONSECUTIVE TERMS ON THE COMMITTEE ; EXCEPT THAT A COMMITTEE16
MEMBER APPOINTED PURSUANT TO SUBSECTION (2)(g) OR (2)(h) OF THIS17
SECTION MAY SERVE UNLIMITED TERMS FOR THE DURATION OF THE18
COMMITTEE MEMBER 'S EMPLOYMENT BY THE AGENCY THAT THE19
COMMITTEE MEMBER REPRESENTS .20
SECTION 10. In Colorado Revised Statutes, add 29-20-110 as21
follows:22
29-20-110. Local government regulation of pesticide use -23
definitions. (1) A
LOCAL GOVERNMENT THAT ADOPTS AN ORDINANCE
24
THAT CONCERNS PESTICIDES , INCLUDING AN ORDINANCE ADOPTED25
PURSUANT TO SECTION 31-15-707 (1)(b), SHALL FILE THE FOLLOWING26
WITH THE COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION27
192
-9- 35-10-112.5 (4):1
(a) A
CERTIFIED COPY OF THE ORDINANCE
; AND2
(b) A
MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT3
THE LOCAL GOVERNMENT INTENDS TO REGULATE UNDER THE ORDINANCE4
.5
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
REQUIRES:7
(a) "C
OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER8
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION9
35-1-107
(1) OR THE COMMISSIONER'S DESIGNEE.10
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION11
35-10-103
(10).12
SECTION 11.
In Colorado Revised Statutes, add 30-11-131 as13
follows:14
30-11-131. Regulation of pesticide use - definitions. (1) A15
BOARD OF COUNTY COMMISSIONERS THAT ADOPTS AN ORDINANCE THAT
16
CONCERNS PESTICIDES 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
; AND20
(b) A
MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT21
THE BOARD OF COUNTY COMMISSIONERS INTENDS TO REGULATE UNDER22
THE ORDINANCE
.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
192
-10- 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.
In Colorado Revised Statutes, add 31-15-905 as4
follows:5
31-15-905. Regulation of pesticide use - definitions. (1) T
HE6
GOVERNING BODY OF A MUNICIPALITY THAT ADOPTS AN ORDINANCE THAT
7
CONCERNS PESTICIDES, INCLUDING AN ORDINANCE ADOPTED PURSUANT TO8
SECTION 31-15-707 (1)(b), SHALL FILE THE FOLLOWING WITH THE9
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION10
35-10-112.5
(4):11
(a) A
CERTIFIED COPY OF THE ORDINANCE
; AND12
(b) A
MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT13
THE GOVERNING BODY INTENDS TO REGULATE UNDER THE ORDINANCE
14
.15
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE16
REQUIRES:17
(a) "C
OMMISSIONER OF AGRICULTURE" MEANS THE COMMISSIONER18
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION19
35-1-107
(1) OR THE COMMISSIONER'S DESIGNEE.20
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION21
35-10-103
(10).22
SECTION 13. Appropriation. (1) For the 2023-24 state fiscal
23
year, $72,150 is appropriated to the department of agriculture. This24
appropriation is from the plant health, pest control, and environmental25
protection cash fund created in section 35-1-106.3 (1), C.R.S. To26
implement this act, the department may use this appropriation for the27
192
-11- purchase of information technology services.1
(2) For the 2023-24 state fiscal year, $72,150 is appropriated to2
the office of the governor for use by the office of information technology.3
This appropriation is from reappropriated funds received from the4
department of agriculture under subsection (1) of this section. To5
implement this act, the office may use this appropriation to provide6
information technology services for the department of agriculture.7
SECTION 14. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2024 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
192
-12-