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February 9, 2024 HB 24-1178
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Fiscal Note
Drafting Number:
Prime Sponsors:
LLS 24-0217
Rep. Kipp; Froelich
Sen. Cutter; Jaquez Lewis
Date:
Bill Status:
Fiscal Analyst:
February 9, 2024
House Energy & Environment
Alexa Kelly | 303-866-3469
alexa.kelly@coleg.gov
Bill Topic: LOCAL GOVERNMENT AUTHORITY TO REGULATE PESTICIDES
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☒ Local Government
☐ Statutory Public Entity
The bill gives local governments authority to regulate the sale and use of pesticides. It
increases state expenditures and may increase local government expenditures on an
ongoing basis.
Appropriation
Summary:
For FY 2024-25, the bill requires an appropriation of $45,807 to the Department of
Agriculture.
Fiscal Note
Status:
The fiscal note reflects the introduced bill.
Table 1
State Fiscal Impacts Under HB 24-1178
Budget Year
FY 2024-25
Out Year
FY 2025-26
Revenue - -
Expenditures Cash Funds $45,807 $39,137
Centrally Appropriated $7,673 $7,673
Total Expenditures $53,480 $46,810
Total FTE 0.5 FTE 0.5 FTE
Transfers - -
Other Budget Impacts - -
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February 9, 2024 HB 24-1178
Summary of Legislation
The bill allows a county or a municipality to create and enforce an ordinance, resolution,
regulation, or other law regulating the sale or use of pesticides. A local government may not
enforce any regulation that limits pesticide use:
for the production of agricultural products;
for dry-up, revegetation, or noxious weed management of land in a water conservation
program or land where irrigation water is being limited;
by a public utility to protect infrastructure;
for the operation of a water supply collection or distribution facility; or
for the cultivation of marijuana.
State Expenditures
The bill increases state expenditures in the Department of Agriculture by about $53,000 in
FY 2024-25 and $47,000 in FY 2025-26 and in future years, paid from the Plant Health, Pest
Control, and Environmental Protection Fund. Expenditures are shown in Table 2 and detailed
below.
Table 2
Expenditures Under HB 24-1178
FY 2024-25 FY 2025-26
Department of Agriculture
Personal Services $38,497 $38,497
Operating Expenses $640 $640
Capital Outlay Costs $6,670 -
Centrally Appropriated Costs
1
$7,673 $7,673
Total Cost $53,480 $46,810
Total FTE 0.5 FTE 0.5 FTE
1
Centrally appropriated costs are not included in the bill's appropriation.
Staff. Beginning in FY 2024-25, the CDA requires 0.5 FTE to respond to inquiries from local
governments and provide technical support in creating new regulations from local governments.
The CDA will review any regulations created by local governments to ensure compliance with
state and federal law. Local regulations must be added to the state certification plan, which is
filed with the federal Environmental Protection Agency (EPA). This requires staff to coordinate
with local governments and the EPA for any new local regulations.
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February 9, 2024 HB 24-1178
The bill does not currently allow for the CDA to have time to review local regulations before they
are enacted. In cases where regulations do not comply with state or local law, the CDA may be
required to pursue legal action through the courts, which has the potential create legal costs for
the department. This impact has not been estimated in this fiscal note. If additional legal
expenses are incurred to implement the bill, the CDA will request funding as needed through
the budget process.
Local Government
The bill minimally increases workload for local governments that choose to implement and
enforce a regulation for the use and application of pesticides.
Technical Note
This fiscal note assumes that the bill does not delegate the enforcement of pesticide use as is
described on individual pesticide product labels, which are regulated under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA). If local governments attempt to regulate use
in this manner, the fiscal impacts of the bill will likely vary from this analysis.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his
signature.
State Appropriations
For FY 2024-25, the bill requires an appropriation of $45,807 from the Plant Health, Pest Control,
and Environmental Protection Fund to the Department of Agriculture, and 0.5 FTE.
State and Local Government Contacts
Agriculture Local Affairs Natural Resources
Counties Regulatory Agencies Municipalities
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 the General Assembly website.