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July 10, 2023 SB 23-192
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0327
Sen. Priola; Roberts
Rep. Kipp; McLachlan
Date:
Bill Status:
Fiscal Analyst:
July 10, 2023
Signed into Law
Aaron Carpenter | 303-866-4918
aaron.carpenter@coleg.gov
Bill Topic: SUNSET PESTICIDE APPLICATORS' ACT
Summary of
Fiscal Impact:
☒ State Revenue
☒ State Expenditure
☐ State Transfer
☒ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
Sunset Bill. This bill continues the regulation of pesticide applicators in the
Department of Agriculture, which is scheduled to repeal on September 1, 2023. State
fiscal impacts include both increased revenue and expenditures from changes to the
program under the bill, as well as the continuation of the program's current revenue
and expenditures. The program is continued through September 1, 2034.
Appropriation
Summary:
For FY 2023-24, the bill requires and includes an appropriation of $72,150 to the
Department of Agriculture.
Fiscal Note
Status:
The fiscal note reflects the enacted bill.
Table 1. State Fiscal Impacts Under SB 23-192
1
New Impacts
Budget Year
FY 2023-24
Out Year
FY 2024-25
Revenue General Fund $14,000 $14,000
Cash Funds ($14,000) ($14,000)
Total $0 $0
Expenditures Cash Funds $72,150 -
Other Budget Impacts TABOR Refund - -
Continuing Impacts
Revenue Cash Funds - $1,400,000
Expenditures Cash Funds - $2,489,186
Continuing FTE - 25.2 FTE
Other Budget Impacts TABOR Refund - $1,400,000
1
Table 1 shows the new impacts resulting from changes to the program under the bill and the continuing impacts
from extending the program beyond its current repeal date. The continuing program impacts will end if the bill is
not passed and the program is allowed to repeal. Page 2
July 10, 2023 SB 23-192
Summary of Legislation
The bill continues the regulation of pesticide applicators for 11 years from September 1, 2023, to
September 1, 2034. The bill also:
updates definitions to align with federal law;
allows a person to list a principal residential address; employment address; and school address
on the pesticide-sensitive registry and requires the applicator to notify individuals who list this
information on the registry of the application of pesticide;
requires the Colorado Department of Agriculture (CDA) to develop a searchable database of all
properties within 250 feet of any residential property of a pesticide-sensitive person;
increases the maximum civil penalty to $2,500 for a first violation and $5,000 for a second;
requires civil penalties to be deposited into the General Fund rather than the Plant Health, Pest
Control and Environmental Protection Cash Fund;
requires the Colorado Department of Agriculture (CDA) to publish and provide information on
which pesticide applicators are credentialed;
requires the CDA to develop an online complaint process;
details the term lengths and the maximum terms for members of the Advisory Committee to the
State Agricultural Commission; and
details what a local government must file with the CDA if the government adopts an ordinance
concerning pesticides.
Background
The CDA currently regulates individual and businesses who use or supervises the use of pesticides
or pesticide devices. The full sunset report and recommendations can be found here.
Continuing Program Impacts
Based on the 2022 sunset report, the Department of Agriculture is expected to have revenue of
$1.4 million and expenditures of $2.5 million to administer the pesticide applicator program. If this
bill is enacted, current revenue and expenditures will continue for the program starting in FY 2024-25.
This continuing revenue is subject to the state TABOR limits. If this bill is not enacted, the program
will end on September 1, 2023, followed by a wind-down period, and state revenue and expenditures
will decrease starting in FY 2024-25 by the amounts shown in Table 1. The changes to the program
that drive additional revenue and costs are discussed in the State Revenue and State Expenditures
sections below.
State Revenue
Starting in FY 2023-24, state revenue will be impacted in two ways. First, state revenue to the Plant
Health, Pest Control, and Environmental Protection Cash Fund will decrease by $14,000 and General
Fund revenue will increase by the same amount due to civil fines being deposited in the General Fund
instead of the cash fund. In addition, revenue to the General Fund will increase to the extent the CDA
issue larger fines due to the increased allowable penalty. It is unknown how fine amounts will
increase under the bill. Fine revenue is subject to TABOR. Page 3
July 10, 2023 SB 23-192
State Expenditures
In FY 2023-24 only, expenditures from the Plant Health, Pest Control, and Environmental Protection
Cash Fund will increase by $72,150 to update computer systems to post credential information online,
add a search function, add school and business addresses for a registrant in the pesticide-sensitive
registry, and to create a searchable database of homes with 250 feet of a pesticide-sensitive person.
This fiscal note estimates that the upgrades for credential information and adding addresses will take
160 hours at $195 per hour, and creation of a database will require 150 hours of programming at
$123 per hour and 250 hours of GIS programing at $90 per hour.
In addition, workload to CDA will increase to create an online complaint process. The department
currently utilizes and pays for a platform that can implement an online complaint process; therefore,
workload to develop and implement any forms and to maintain any changes can be accomplished
within existing appropriations.
Local Government
Starting in FY 2023-24, workload to local governments will increase to file the necessary notices to the
CDA when the local government adopts an ordinance concerning pesticides.
Effective Date
The bill was signed into law by the Governor on June 5, 2023, and takes effect on August 7, 2023,
assuming no referendum petition is filed.
State Appropriations
For FY 2023-24, the bill requires and includes an appropriation of $72,150 from the Plant Health, Pest
Control, an Environmental Protection Cash Fund to the Department of Agriculture, to be
reappropriated to the Office of Information Technology.
State and Local Government Contacts
Agriculture Counties Higher Education
Judicial Municipalities Public Health and Environment
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes.