SENATE BILL 23-192
BY SENATOR(S) Priola and Roberts, Marchman, Pelton B., Pelton R.,
Simpson, Cutter, Jaquez Lewis;
also REPRESENTATIVE(S) Kipp and McLachlan, Amabile, Bird,
Boesenecker, Brown, Joseph, Lindsay, Lukens, Martinez, Ricks, Snyder,
Valdez, McCluskie.
C
ONCERNING THE CONTINUATION OF THE "PESTICIDE APPLICATORS' ACT",
AND, IN CONNECTION THEREWITH , IMPLEMENTING
RECOMMENDATIONS CONTAINED IN THE
2022 SUNSET REPORT BY THE
DEPARTMENT OF REGULATORY AGENCIES REGARDING THE ACT
, AND
MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
(24)(a)(I); and add (35)(a)(V) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (24) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2023:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (I) The regulation by the commissioner of agriculture of the
application of pesticides in accordance with article 10 of title 35, C.R.S.;
(35) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2034:
(V) T
HE REGULATION OF THE APPLICATION OF PESTICIDES BY THE
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH ARTICLE
10 OF TITLE
35.
SECTION 2. In Colorado Revised Statutes, amend 35-10-128 as
follows:
35-10-128. Repeal of article - review of functions. Effective
September 1, 2023, This article 10 is repealed, Prior to EFFECTIVE
SEPTEMBER 1, 2034. BEFORE the repeal, THIS ARTICLE 10 IS SCHEDULED FOR
REVIEW IN ACCORDANCE WITH SECTION
24-34-104. AS PART OF ITS REVIEW,
the department of regulatory agencies shall review the regulation by thecommissioner of the application of pesticides pursuant to this article 10 as
provided for in section 24-34-104, C.R.S., and shall report on the extent of
local regulation of pesticides pursuant to section 31-15-707 (1)(b) C.R.S.,
or under the police power of any political subdivision of the state.
SECTION 3. In Colorado Revised Statutes, 35-10-103, amend the
introductory portion and (18) as follows:
35-10-103. Definitions. As used in this article ARTICLE 10, unless
the context otherwise requires:
(18) "Use" means: all aspects of the handling of pesticides,
including but not limited to the mixing, loading, application or
administration, spill control, and disposal of a pesticide or its container.
(a) PRE-APPLICATION ACTIVITIES INVOLVING MIXING AND LOADING
A PESTICIDE
;
(b) A
PPLYING THE PESTICIDE, INCLUDING SUPERVISING THE USE OF
A PESTICIDE BY A NONCERTIFIED APPLICATOR
; AND
(c) OTHER PESTICIDE-RELATED ACTIVITIES, INCLUDING:
PAGE 2-SENATE BILL 23-192 (I) TRANSPORTING OR STORING PESTICIDE CONTAINERS THAT HAVE
BEEN OPENED
;
(II) C
LEANING EQUIPMENT; AND
(III) DISPOSING OF EXCESS PESTICIDES, SPRAY MIX, EQUIPMENT
WASH WATER
, PESTICIDE CONTAINERS, AND OTHER PESTICIDE-CONTAINING
MATERIALS
.
SECTION 4. In Colorado Revised Statutes, 35-10-112, amend
(1)(a) and (1)(c)(I)(A); and add (1)(c)(III) and (1)(f) as follows:
35-10-112. Notification requirements - registry of
pesticide-sensitive persons - preemption - rules. (1) (a) (I) The
commissioner shall promulgate rules for the establishment of a registry of
pesticide-sensitive persons to be maintained by the department.
Pesticide-sensitive persons may apply to be placed on the registry if they
can provide proof of medical justification by a physician licensed in
Colorado in the form and manner prescribed by the commissioner. T
O
REMAIN ON THE REGISTRY
, A PESTICIDE-SENSITIVE PERSON MUST UPDATE the
PERSON'S proof of medical justification shall be updated
every two years.
The
DEPARTMENT SHALL UPDATE THE registry shall be updated
at least
annually, and
MAKE the published registry shall be made
readily accessible,
in a form and manner prescribed by the commissioner, to all commercial,
registered limited commercial, and registered public applicators on record
with the commissioner.
(II) I
N APPLYING TO BE PLACED ON THE REGISTRY , A
PESTICIDE
-SENSITIVE PERSON MAY LIST A PRINCIPAL:
(A) R
ESIDENTIAL ADDRESS;
(B) E
MPLOYMENT ADDRESS ; AND
(C) SCHOOL ADDRESS.
(c) (I) A commercial, registered limited commercial, or registered
public applicator, prior to applying a pesticide in any turf or ornamental
category, shall take reasonable actions to give notice of the date and
approximate time of any such pesticide application, prior to the application,
PAGE 3-SENATE BILL 23-192 to any pesticide-sensitive person whose name is on the published registry
and:
(A) Who resides on HAS LISTED the property to be treated AS THE
PERSON
'S PRINCIPAL RESIDENTIAL, EMPLOYMENT, OR SCHOOL ADDRESS
PURSUANT TO SUBSECTION
(1)(a)(II) OF THIS SECTION;
(III) I
N NOTIFYING A PESTICIDE-SENSITIVE PERSON PURSUANT TO
THIS SECTION
, A COMMERCIAL, REGISTERED LIMITED COMMERCIAL , OR
REGISTERED PUBLIC APPLICATOR MAY PROVIDE THE NOTICE
ELECTRONICALLY
.
(f) (I) O
N OR BEFORE JULY 1, 2024, THE DEPARTMENT SHALL
DEVELOP A SEARCHABLE DATABASE OF ALL PROPERTIES THAT ABUT
, OR ARE
ENTIRELY LOCATED WITHIN TWO HUNDRED FIFTY FEET OF
, ANY RESIDENTIAL
PROPERTY LISTED IN THE REGISTRY OF PESTICIDE
-SENSITIVE PERSONS. IF A
PROPERTY IS ONLY PARTIALLY LOCATED WITHIN TWO HUNDRED FIFTY FEET
OF A RESIDENTIAL PROPERTY LISTED IN THE REGISTRY
, AND DOES NOT ABUT
THE RESIDENTIAL PROPERTY
, THE DEPARTMENT SHALL NOT INCLUDE THE
PROPERTY IN THE SEARCHABLE DATABASE
.
(II) W
HEN DEVELOPING THE SEARCHABLE DATABASE PURSUANT TO
THIS SUBSECTION
(1)(f), THE DEPARTMENT MUST:
(A) T
HROUGH THE COMMISSIONER , ADOPT RULES REQUIRING A
COMMERCIAL
, REGISTERED LIMITED COMMERCIAL , OR REGISTERED PUBLIC
APPLICATOR TO PROVIDE NOTICE TO A PESTICIDE
-SENSITIVE PERSON IF THE
COMMERCIAL
, REGISTERED LIMITED COMMERCIAL , OR REGISTERED PUBLIC
APPLICATOR TREATS A PROPERTY THAT IS LISTED IN THE SEARCHABLE
DATABASE AS ABUTTING
, OR BEING ENTIRELY LOCATED WITHIN TWO
HUNDRED FIFTY FEET OF
, THE PESTICIDE SENSITIVE PERSON 'S LISTED
RESIDENTIAL PROPERTY
. A COMMERCIAL , REGISTERED LIMITED
COMMERCIAL
, OR REGISTERED PUBLIC APPLICATOR IS NOT REQUIRED TO
PROVIDE NOTICE PURSUANT TO THIS SUBSECTION
(1)(f)(II)(A) UNLESS AND
UNTIL THE COMMISSIONER ADOPTS RULES PURSUANT TO THIS SUBSECTION
(1)(f)(II)(A).
(B) P
ERIODICALLY UPDATE THE SEARCHABLE DATABASE AS NEEDED ;
AND
PAGE 4-SENATE BILL 23-192 (C) PROVIDE ACCESS TO THE SEARCHABLE DATABASE TO ALL
COMMERCIAL
, REGISTERED LIMITED COMMERCIAL, AND REGISTERED PUBLIC
APPLICATORS
.
(III) I
T IS AN AFFIRMATIVE DEFENSE TO AN ALLEGATION THAT A
COMMERCIAL
, REGISTERED LIMITED COMMERCIAL , OR REGISTERED PUBLIC
APPLICATOR VIOLATED RULES ADOPTED PURSUANT TO SUBSECTION
(1)(f)(II)(A) OF THIS SECTION IF A FAILURE TO NOTIFY A
PESTICIDE
-SENSITIVE PERSON OF THE TREATMENT OF A PROPERTY THAT
ABUTS
, OR IS LOCATED ENTIRELY WITHIN TWO HUNDRED FIFTY FEET OF , THE
PESTICIDE
-SENSITIVE PERSON'S LISTED RESIDENTIAL PROPERTY RESULTED
FROM THE FACT THAT THE TREATED PROPERTY WAS NOT LISTED IN THE
SEARCHABLE DATABASE AT THE TIME OF THE TREATMENT
.
SECTION 5. In Colorado Revised Statutes, 35-10-122, amend (1)
as follows:
35-10-122. Civil penalties. (1) Any person who violates any
provision of this article or any rule or regulation THIS ARTICLE 10 OR ANY
RULE
adopted pursuant to this article
ARTICLE 10 is subject to a civil
penalty, as determined by the commissioner or a court of competent
jurisdiction. The maximum penalty shall not exceed one
IS TWO thousand
FIVE HUNDRED dollars per violation; except that such THE penalty may be
doubled if it is determined, after notice and an opportunity for hearing, that
the person has violated the provision
OR rule or regulation for the second
time.
SECTION 6. In Colorado Revised Statutes, amend 35-10-126 as
follows:
35-10-126. Transfer of money to plant health, pest control, and
environmental protection cash fund - fees. (1) All fees and civil fines
collected pursuant to this article ARTICLE 10 shall be transmitted to the state
treasurer, who shall credit the same MONEY to the plant health, pest control,
and environmental protection cash fund created in section 35-1-106.3.
(2) A
LL CIVIL PENALTIES COLLECTED PURSUANT TO SECTION
35-10-122 SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO SHALL
CREDIT THE MONEY TO THE GENERAL FUND
.
PAGE 5-SENATE BILL 23-192 SECTION 7. In Colorado Revised Statutes, 35-10-124, add (3) as
follows:
35-10-124. Information - use and handling of pesticides -
enforcement action - credentialing information - definition. (3) (a) T
HE
COMMISSIONER SHALL
:
(I) P
UBLISH AND PERIODICALLY UPDATE INFORMATION ON THE
DEPARTMENT
'S WEBSITE INFORMING CONSUMERS ABOUT WHICH PESTICIDE
APPLICATORS ARE CREDENTIALED IN COMPLIANCE WITH THIS ARTICLE
10;
AND
(II) PROVIDE THE CREDENTIALING INFORMATION SPECIFIED IN
SUBSECTION
(3)(a)(I) OF THIS SECTION IN A MANNER THAT MEMBERS OF THE
PUBLIC MAY EASILY ACCESS AND SEARCH ON THE WEBSITE
.
(b) A
S USED IN THIS SUBSECTION (3), "CREDENTIALED" MEANS
HAVING A VALID LICENSE OR REGISTRATION ISSUED PURS UANT TO THIS
ARTICLE
10.
SECTION 8. In Colorado Revised Statutes, 35-10-118, add (9.7)
as follows:
35-10-118. Powers and duties of the commissioner. (9.7) (a) T
HE
COMMISSIONER SHALL
:
(I) D
EVELOP AN ONLINE COMPLAINT PROCESS ON THE DEPARTMENT 'S
WEBSITE THAT ALLOWS MEMBERS OF THE PUBLIC TO FILL OUT AND SUBMIT
A COMPLAINT FORM ONLINE
; AND
(II) PROVIDE THE COMPLAINT FORM IN A MANNER THAT IS :
(A) E
ASILY ACCESSIBLE ON THE DEPARTMENT 'S WEBSITE;
(B) U
SER-FRIENDLY;
(C) P
RINTABLE; AND
(D) ACCOMPANIED BY EASY-TO-FOLLOW INSTRUCTIONS.
PAGE 6-SENATE BILL 23-192 (b) THE COMPLAINT FORM OR THE INSTRUCTIONS ACCOMPANYING
THE COMPLAINT FORM MUST INCLUDE THE DEPARTMENT
'S MAILING ADDRESS
SO THAT A MEMBER OF THE PUBLIC MAY CHOOSE TO PRINT AND SUBMIT THE
COMPLAINT FORM BY MAIL INSTEAD OF ELECTRONICALLY
.
SECTION 9. In Colorado Revised Statutes, 35-10-125, amend (4)
as follows:
35-10-125. Advisory committee. (4) The appointment of theformulator, the commercial applicator engaged in the control of agricultural
crop pests, and one of the representatives from a registered public applicator
shall expire on January 1, 1991; and the appointment of the commercial
applicator engaged in the control of turf or ornamental pests, the
representative from the general public who is actively engaged in
agricultural production, the qualified supervisor employed by a registered
limited commercial applicator, and the representative from the department
of health shall expire on January 1, 1992. The initial appointment of all
other members shall be for a term of three years. Thereafter, the
appointment of Each member to OF the committee shall be for SERVES a
term of three years
AND MAY SERVE A MAXIMUM OF TWO CONSECUTIVE
TERMS ON THE COMMITTEE
; EXCEPT THAT A COMMITTEE MEMBER APPOINTED
PURSUANT TO SUBSECTION
(2)(g) OR (2)(h) OF THIS SECTION MAY SERVE
UNLIMITED TERMS FOR THE DURATION OF THE COMMITTEE MEMBER
'S
EMPLOYMENT BY THE AGENCY THAT THE COMMITTEE MEMBER REPRESENTS
.
SECTION 10. In Colorado Revised Statutes, add 29-20-110 as
follows:
29-20-110. Local government regulation of pesticide use -
definitions. (1) A
LOCAL GOVERNMENT THAT ADOPTS AN ORDINANCE THAT
CONCERNS PESTICIDES
, INCLUDING AN ORDINANCE ADOPTED PURSUANT TO
SECTION
31-15-707 (1)(b), SHALL FILE THE FOLLOWING WITH THE
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION
35-10-112.5 (4):
(a) A
CERTIFIED COPY OF THE ORDINANCE; AND
(b) A MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT
THE LOCAL GOVERNMENT INTENDS TO REGULATE UNDER THE ORDINANCE
.
PAGE 7-SENATE BILL 23-192 (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
OMMISSIONER OF AGRICULTURE " MEANS THE COMMISSIONER
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION
35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION 35-10-103
(10).
SECTION 11. In Colorado Revised Statutes, add 30-11-131 as
follows:
30-11-131. Regulation of pesticide use - definitions. (1) A
BOARD
OF COUNTY COMMISSIONERS THAT ADOPTS AN ORDINANCE THAT CONCERNS
PESTICIDES SHALL FILE THE FOLLOWING WITH THE COMMISSIONER OF
AGRICULTURE IN ACCORDANCE WITH SECTION
35-10-112.5 (4):
(a) A
CERTIFIED COPY OF THE ORDINANCE; AND
(b) A MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT
THE BOARD OF COUNTY COMMISSIONERS INTENDS TO REGULATE UNDER THE
ORDINANCE
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
OMMISSIONER OF AGRICULTURE " MEANS THE COMMISSIONER
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION
35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION 35-10-103
(10).
SECTION 12. In Colorado Revised Statutes, add 31-15-905 as
follows:
31-15-905. Regulation of pesticide use - definitions. (1) T
HE
GOVERNING BODY OF A MUNICIPALITY THAT ADOPTS AN ORDINANCE THAT
CONCERNS PESTICIDES
, INCLUDING AN ORDINANCE ADOPTED PURSUANT TO
PAGE 8-SENATE BILL 23-192 SECTION 31-15-707 (1)(b), SHALL FILE THE FOLLOWING WITH THE
COMMISSIONER OF AGRICULTURE IN ACCORDANCE WITH SECTION
35-10-112.5 (4):
(a) A
CERTIFIED COPY OF THE ORDINANCE; AND
(b) A MAP OR LEGAL DESCRIPTION OF THE GEOGRAPHIC AREA THAT
THE GOVERNING BODY INTENDS TO REGULATE UNDER THE ORDINANCE
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
OMMISSIONER OF AGRICULTURE " MEANS THE COMMISSIONER
OF THE DEPARTMENT OF AGRICULTURE APPOINTED PURSUANT TO SECTION
35-1-107 (1) OR THE COMMISSIONER'S DESIGNEE.
(b) "P
ESTICIDE" HAS THE MEANING SET FORTH IN SECTION 35-10-103
(10).
SECTION 13. Appropriation. (1) For the 2023-24 state fiscal
year, $72,150 is appropriated to the department of agriculture. This
appropriation is from the plant health, pest control, and environmental
protection cash fund created in section 35-1-106.3 (1), C.R.S. To implement
this act, the department may use this appropriation for the purchase of
information technology services.
(2) For the 2023-24 state fiscal year, $72,150 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
agriculture under subsection (1) of this section. To implement this act, the
office may use this appropriation to provide information technology
services for the department of agriculture.
SECTION 14. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 9-SENATE BILL 23-192 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-SENATE BILL 23-192