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June 29, 2023 SB 23-266
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Final Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 23-0996
Sen. Priola; Jaquez Lewis
Rep. Brown; Kipp
Date:
Bill Status:
Fiscal Analyst:
June 29, 2023
Signed into Law
Alexa Kelly | 303-866-3469
alexa.kelly@coleg.gov
Bill Topic: NEONIC PESTICIDES AS LIMITED -USE PESTICIDES
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☐ Statutory Public Entity
The bill requires the Commissioner of Agriculture to adopt rules classifying
neonicotinoid pesticides as limited-use pesticides. The bill increases workload in the
Department of Agriculture on an ongoing basis.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The fiscal note reflects the enacted bill.
Summary of Legislation
The bill requires the Commissioner of Agriculture to adopt rules designating neonicotinoid pesticides
as limited-use pesticides. By July 1, 2024, the commissioner must adopt rules requiring neonicotinoid
pesticides to be sold only by licensed dealers under the Pesticide Act. The rules must exempt products
containing neonicotinoid pesticides when they are used in the following ways:
as pet care products;
as a veterinary product used by a licensed veterinarian in a licensed veterinary practice;
in indoor personal care products used for lice or bedbugs;
as an indoor pest control product;
for structural insulation;
for academic research;
as a preserved wood product;
as a bait product; or
as an insect strip.
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June 29, 2023 SB 23-266
Comparable Crime Analysis
Legislative Council Staff is required to include certain information in the fiscal note for any bill that
creates a new crime, changes the classification of an existing crime, or creates a new factual basis for
an existing crime. The following section outlines crimes that are comparable to the offense in this bill
and discusses assumptions on future rates of criminal convictions resulting from the bill.
Prior conviction data and assumptions. This bill creates a new factual basis for the existing offense
of violating the Pesticide Act by expanding the number of pesticides whose sale and use are limited.
From FY 2019-20 to FY 2021-22, one individual has been convicted and sentenced for this offense.
Demographically, this person was a white male. Based on the limited number of convictions, the fiscal
note assumes that there will be minimal or no additional case filings or convictions for the new offense
under the bill. The impacts to state revenue and expenditures are not discussed further in this fiscal
note. Visit leg.colorado.gov/fiscalnotes for more information about criminal justice costs in fiscal
notes.
State Expenditures
Workload will increase in the Department of Agriculture to adopt rules in FY 2023-24, and on an
ongoing basis to enforce its limited use. Ongoing workload will include conducting inspections at
retail locations to ensure products are sold by allowable sellers and stored properly; conducting
outreach and education informing vendors of the new requirements; and responding to complaints.
No change in appropriation is required.
Effective Date
The bill was signed into law by the Governor on May 17, 2023, and takes effect on August 7, 2023,
assuming no referendum petition is filed.
State and Local Government Contacts
Agriculture Law
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.