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Sunset Pesticide Applicators' Act

Concerning 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.
2023 Regular Session
Bill Summary

Sunset Process - Senate Agriculture and Natural Resources Committee. The bill implements some of the recommendations of the department of regulatory agencies, as contained in the department's sunset review of the "Pesticide Applicators' Act" (act), as follows:

  • Sections 1 and 2 of the bill continue the act for 11 years, until September 1, 2034;
  • Section 3 updates the statutory definition of "use" to align with the federal definition adopted by the federal environmental protection agency;
  • The commissioner of agriculture (commissioner) maintains a registry of pesticide-sensitive persons (registry) whose residences are listed in the registry. If a commercial, registered limited commercial, or registered public applicator (applicator) applies a pesticide near the residence of a pesticide-sensitive person included in the registry, the applicator is required to take reasonable actions to notify the pesticide-sensitive person of the pesticide application. Section 4 authorizes a pesticide-sensitive person to apply for inclusion of the person's primary work or school address in the registry as well. In addition, section 4 authorizes an applicator to provide electronic notice to pesticide-sensitive persons.
  • Section 4 also requires that, on or before July 1, 2024, the department of agriculture (department) develop a searchable database of all properties that abut or are entirely located within 250 feet of a residential property listed on the registry for applicators to search. If an applicator will apply pesticides on a property included in the searchable database, the applicator is required to notify the relevant pesticide-sensitive person of the pesticide application.
  • Section 4 5 increases the maximum civil penalty for a violation of the act from $1,000 to $2,500 for the first violation, which results in the possibility of a maximum civil penalty of $5,000 for a second violation;
  • Section 5 6 requires that money collected for civil penalties imposed under the act be transferred to the general fund;
  • Section 6 7 requires the commissioner of agriculture (commissioner) to publish and periodically update information on the department of agriculture's department's website about pesticide applicators' licensing and registration;
  • Section 7 8 requires the commissioner to establish an online complaint process;
  • Section 8 9 limits the number of terms that members of the advisory committee, appointed by the state agricultural commission to advise the commissioner, may serve to 2 terms, but allows a member representing the Colorado state university agricultural experiment station or extension service (CSU) or the Colorado department of public health and environment (CDPHE) to serve on the advisory committee for unlimited terms during the duration of the member's employment with CSU or CDPHE; and
  • Sections 9 to 11 10 to 12 place language in statutes governing local governments that mirrors the language in the act requiring a local government that adopts an ordinance or resolution about pesticides to submit information to the commissioner about the ordinance. or resolution.

Section 13 appropriates $72,150 for the 2023-24 state fiscal year from the plant health, pest control, and environmental protection cash fund to the department, which money is reappropriated to the office of information technology in the office of the governor for technology purchases.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


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Bill Text

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