Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0217.02 Sarah Lozano x3858
HOUSE BILL 24-1178
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING LOCAL GOVERNMENT AUTHORITY TO REGULATE101
PESTICIDES.102
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
.)
Current law prohibits a local government from creating laws that
regulate the use of pesticides by pesticide applicators regulated by state
or federal law. The bill allows a local government to create and enforce
laws regulating the sale or use of pesticides to protect the health and
safety of the community with certain exceptions.
HOUSE SPONSORSHIP
Kipp and Froelich, Boesenecker, Brown, Rutinel, Vigil, Weissman, Woodrow, Willford,
Joseph
SENATE SPONSORSHIP
Cutter and Jaquez Lewis, Winter F., Priola
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. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 29-20-110, add (1.5),2
(2)(c), (2)(d), (2)(e), and (2)(f) as follows:3
29-20-110. Local government regulation of the sale or use of4
pesticides - definitions. (1.5) (a) N
OTWITHSTANDING SECTION 35-10-1125
(3)
OR 35-10-112.5 (2)(b), NOTHING IN SECTION 35-10-112 OR 35-10-112.56
LIMITS THE ABILITY OF A LOCAL GOVERNMENT TO ENACT OR ENFORCE AN7
ORDINANCE, RESOLUTION, REGULATION, OR OTHER LAW REGULATING THE8
SALE OR USE OF PESTICIDES TO PROTECT THE HEALTH AND SAFETY OF THE9
COMMUNITY; EXCEPT THAT A LOCAL GOVERNMENT SHALL NOT ENACT OR10
ENFORCE AN ORDINANCE , RESOLUTION, REGULATION, OR OTHER LAW11
PURSUANT TO THIS SECTION THAT LIMITS THE USE OF PESTICIDES :12
(I) F
OR THE PRODUCTION OF AGRICULTURAL PR ODUCTS ,13
INCLUDING THE USE OF PESTICIDES FOR:14
(A) A
GRICULTURAL PRODUCTS GROWN FOR HUMAN CONSUMPTION ;15
(B) G
ROWING FEED FOR LIVESTOCK;16
(C) M
ANAGEMENT OF LIVESTOCK ; AND17
(D) M
AINTENANCE OF AGRICULTURAL WATER SUPPLY FACILITIES ,18
INCLUDING IRRIGATION DITCHES AND OTHER WATER INFRASTRUCTURE ;19
(II) F
OR ACCOMPLISHING THE DRY -UP, REVEGETATION, OR20
NOXIOUS WEED MANAGEMENT OF LAND THAT IS ENROLLED IN A WATER21
CONSERVATION PROGRAM , INCLUDING:22
(A) A
FEDERAL LAND CONSERVATION PROGRAM ;23
(B) A
WATER CONSERVATION PROGRAM , INCLUDING A PILOT24
PROGRAM, APPROVED IN ADVANCE BY A WATER CONSERVATION DISTRICT ,25
WATER DISTRICT, WATER AUTHORITY, OR WATER CONSERVANCY DISTRICT26
HB24-1178-2- FOR LAND THAT IS WITHIN THE ENTITY'S JURISDICTIONAL BOUNDARIES OR1
BY A STATE AGENCY WITH EXPLICIT STATUTORY JURISDICTION OVER2
WATER CONSERVATION OR WATER RIGHTS ;3
(C) A
WATER CONSERVATION PROGRAM , INCLUDING A PILOT4
PROGRAM, ESTABLISHED THROUGH FORMAL WRITTEN ACTION OR5
ORDINANCE BY A WATER DISTRICT, WATER AUTHORITY, OR MUNICIPALITY,6
OR THE MUNICIPALITY'S WATER SUPPLIER, FOR LAND THAT IS WITHIN THE7
ENTITY'S JURISDICTIONAL BOUNDARIES;8
(D) A
N APPROVED LAND FALLOWING PROGRAM AS PROVIDED BY9
LAW IN ORDER TO CONSERVE WATER OR TO PROVIDE WATER FOR10
INTERSTATE COMPACT COMPLIANCE ; AND11
(E) A
WATER BANKING PROGRAM AS PROVIDED BY LAW ;12
(III) F
OR ACCOMPLISHING THE DRY -UP, REVEGETATION, OR13
NOXIOUS WEED MANAGEMENT OF LAND FROM WHICH IRRIGATION WATER14
IS REMOVED AS:15
(A) R
EQUIRED TO COMPLY WITH A TEMPORARY OR PERMANENT16
CHANGE OF WATER RIGHT OR OTHER DECREE OF A WATER COURT ; OR17
(B) D
ETERMINED BY THE STATE ENGINEER OR A DIVISION18
ENGINEER TO BE NECESSARY FOR COMPLIANCE WITH AN INTERSTATE19
COMPACT;20
(IV) B
Y A PUBLIC UTILITY ON PROPERTY OWNED OR CONTROLLED21
BY THE PUBLIC UTILITY TO PROTECT THE PUBLIC UTILITY 'S22
INFRASTRUCTURE OR TO MANAGE VEGETATION FOR THE OPERATION OF23
THE PUBLIC UTILITY'S INFRASTRUCTURE;24
(V) F
OR THE OPERATION AND MAINTENANCE OF A WATER SUPPLY25
COLLECTION OR DISTRIBUTION FACILITY OR A WATER SUPPLY26
CONVEYANCE THAT WHOLLY OR PARTIALLY SUPPLIES WATER FOR AN27
HB24-1178
-3- AGRICULTURAL, INDUSTRIAL, OR MUNICIPAL USE BY:1
(A) A
WATER CONSERVANCY DISTRICT ;2
(B) A
WATER CONSERVATION DISTRICT ;3
(C) A
MUNICIPAL WATER SERVICE PROVIDER ;4
(D) A
N IRRIGATION DISTRICT CREATED PURSUANT TO ARTICLES 415
TO 43 OF TITLE 37;6
(E) A
WATER USERS' ASSOCIATION FORMED PURSUANT TO SECTION7
7-44-103;
OR8
(F) A
DITCH OR RESERVOIR COMPANY; OR9
(VI) F
OR THE CULTIVATION OF MARIJUANA .10
(b) N
OTWITHSTANDING ANY PROVISION IN THIS SECTION TO THE11
CONTRARY, A LOCAL GOVERNMENT SHALL NOT ENACT OR ENFORCE AN12
ORDINANCE, RESOLUTION, REGULATION, OR OTHER LAW REGULATING THE13
SALE OR USE OF PESTICIDES THAT IS:14
(I) N
OT GUIDED BY PEER-REVIEWED SCIENCE; OR15
(II) I
NCONSISTENT WITH FEDERAL LAW OR PART 10 OF ARTICLE 1216
OF TITLE 38.17
(c) N
OTHING IN SUBSECTION (1.5)(a) OR (1.5)(b) OF THIS SECTION18
LIMITS THE AUTHORITY OF A LOCAL GOVERNMENT TO TAKE ANY ACTION19
SPECIFICALLY AUTHORIZED OR REQUIRED BY A FEDERAL OR STATE LAW20
CONCERNING PESTICIDES.21
(2) As used in this section, unless the context otherwise requires:22
(c) "P
UBLIC UTILITY" HAS THE MEANING SET FORTH IN SECTION23
40-1-103 (1)(a)(I).24
(d) "U
SE" HAS THE MEANING SET FORTH IN SECTION 35-10-10325
(18).26
(e) "W
ATER CONSERVANCY DISTRICT " MEANS A WATER27
HB24-1178
-4- CONSERVANCY DISTRICT CREATED PURSUANT TO ARTICLE 45 OF TITLE 37.1
(f) "W
ATER CONSERVATION DISTRICT " MEANS A WATER2
CONSERVATION DISTRICT CREATED PURSUANT TO ARTICLES 46 TO 50 OF3
TITLE 37.4
SECTION 2. In Colorado Revised Statutes, 30-11-131, add (1.5)5
as follows:6
30-11-131. Regulation of the sale or use of pesticides -7
definitions. (1.5) A
BOARD OF COUNTY COMMISSIONERS MAY REGULATE8
THE SALE OR USE OF PESTICIDES IN ACCORDANCE WITH SECTION 29-20-1109
(1.5).10
SECTION 3. In Colorado Revised Statutes, 31-15-905, add (1.5)11
as follows:12
31-15-905. Regulation of the sale or use of pesticides -13
definitions. (1.5) A
GOVERNING BODY OF A MUNICIPALITY MAY14
REGULATE THE SALE OR USE OF PESTICIDES IN ACCORDANCE WITH SECTION15
29-20-110
(1.5).16
SECTION 4. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
HB24-1178
-5-