Amendments for HB23-1161
House Journal, March 9
18 HB23-1161 be amended as follows, and as so amended, be referred to
19 the Committee on Appropriations with favorable
20 recommendation:
21
22 Amend printed bill, page 4, after line 6 insert:
23
24 "(2) "AHRI 1430" MEANS THE AIR-CONDITIONING, HEATING, AND
25 REFRIGERATION INSTITUTE STANDARD FOR DEMAND FLEXIBLE ELECTRIC
26 STORAGE WATER HEATERS.".
27
28 Page 4, line 7, strike "(2)" and substitute "(2) (3)".
29
30 Renumber succeeding subsections accordingly.
31
32 Page 4, line 9, strike ""ANSI/APSP/ICC-14-2019"" and substitute
33 ""ANSI/APSP/ICC-14"".
34
35 Page 4, line 17, strike ""ANSI C79.1-2002"" and substitute ""ANSI
36 C79.1"".
37
38 Page 4, strike lines 19 through 21 and substitute: "Lamps". approved
39 September 16, 2002.".
40
41 Renumber succeeding subsections accordingly.
42
43 Page 8, after line 19 insert:
44
45 "(29) "GAS LOG SET" MEANS A FIREPLACE PRODUCT DESIGNED TO
46 BE USED AND INSTALLED IN A WORKING MASONRY OR FACTORY-BUILT
47 WOOD-BURNING FIREPLACE AND VENTED THROUGH A CHIMNEY BY
48 NATURAL DRAFTING OR POWER VENTING.".
49
50 Renumber succeeding subsections accordingly.
51
52 Page 12, strike lines 14 through 18 and substitute:
53
54 "(38) "IRRIGATION CONTROLLER" MEANS A STANDALONE
55 CONTROLLER, AN ADD-ON DEVICE, OR A PLUG-IN DEVICE THAT IS USED TO
56 OPERATE AN AUTOMATIC IRRIGATION SYSTEM SUCH AS A LAWN SPRINKLER
1 OR DRIP IRRIGATION SYSTEM DESIGNED AND INTENDED FOR
2 NONAGRICULTURAL PURPOSES. "IRRIGATION CONTROLLER" INCLUDES:
3 (a) A SOIL MOISTURE-BASED IRRIGATION CONTROLLER THAT
4 INHIBITS OR ALLOWS AN IRRIGATION EVENT BASED ON A READING FROM A
5 SOIL MOISTURE SENSOR MECHANISM; AND
6 (b) A WEATHER-BASED IRRIGATION CONTROLLER THAT USES
7 CURRENT WEATHER DATA AS A BASIS FOR SCHEDULING IRRIGATION.".
8
9 Page 16, strike lines 10 through 13 and substitute:
10
11 "(61) "SMART THERMOSTAT" MEANS A THERMOSTAT THAT:
12 (a) IS ENABLED FOR WIRELESS CONNECTIVITY;
13 (b) ALLOWS THE USER TO CONTROL HOME HEATING AND COOLING
14 TEMPERATURE SETTINGS FROM A COMPUTER OR FROM A PHONE, A TABLET,
15 OR ANOTHER COMPUTER-ENABLED DEVICE; AND
16 (c) CAN AUTOMATICALLY ADJUST HEATING AND COOLING
17 TEMPERATURE SETTINGS BASED ON USER PREFERENCES, DAILY
18 SCHEDULES, WEATHER CONDITIONS, OCCUPANCY, OR OPTIMAL ENERGY
19 SAVINGS.".
20
21 Page 16, line 15, strike "sprinkler," and substitute "sprinkler DESIGNED
22 AND INTENDED FOR NONAGRICULTURAL USES,".
23
24 Page 18, strike lines 7 through 10.
25
26 Page 18, strike lines 25 and 26 and substitute "(1)(i), (1)(o), (1)(p), and
27 (2)(c); repeal (1)(a) and (1)(h); and add (1)(a.3), (1)(a.6), (1)(d.5),
28 (1)(f.2), (1)(f.5), (1)(j.5), (1)(j.7),".
29
30 Page 19, strike line 15.
31
32 Page 19, line 20, after "and" add "THERMOSTATS;".
33
34 Page 20, strike line 16 and substitute "(1), (3) introductory portion, (3)(a),
35 (3)(b), (3)(c), (3)(d), (3)(h), (3)(i), (3)(j), (3)(k), and (3)(m) introductory
36 portion; repeal".
37
38 Page 21, strike lines 1 through 8 and substitute:
39
40 "(a) (I) A PRIVATE LAVATORY FAUCET.
41 (II) THIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE JANUARY 1,
42 2025.
43 (b) A PUBLIC LAVATORY FAUCET;
44 (c) A SHOWERHEAD;
45 (d) (I) A URINAL.
46 (II) THIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JANUARY 1,
47 2025.
48 (e) A WATER CLOSET.".
49
50 Page 21, after line 19 insert:
51
52 "(a) Commercial dishwashers included in the scope of the Energy
53 Star program requirements product specification for commercial
54 dishwashers version 2.0, must meet the qualification criteria of that
55 specification.
56
1 (b) Commercial fryers included in the scope of the Energy Star
2 program requirements product specification for commercial fryers version
3 2.0, must meet the qualification criteria of that specification.".
4
5 Page 21, line 26, strike "requirements" and substitute "requirements".
6
7 Page 22, strike line 2 and substitute "2025.
8 (d) Commercial steam cookers must meet the requirements of the
9 Energy Star program requirements product specification for commercial
10 steam cookers. version 1.2.".
11
12 Page 22, strike lines 14 through 26 and substitute "2025.
13 (i) Portable electric spas must meet the requirements of the
14 "American National Standard for Portable Electric Spa Energy
15 Efficiency" ANSI/APSP/ICC-14.
16 (j) New residential ventilating fans must meet the FAN MOTOR
17 EFFICACY qualification criteria of the Energy Star program requirements
18 product specification for residential ventilating fans. version 3.2.
19 (k) (I) Spray sprinkler bodies that are not specifically excluded
20 from the scope of the WaterSense PROGRAM PRODUCT specification for
21 spray sprinkler bodies,".
22
23 Page 23, strike line 4 and substitute "2025.".
24
25 Page 23, after line 14 insert:
26
27 "(m) Water coolers included in the scope of the Energy Star
28 program requirements product specification for water coolers version 2.0,
29 must have an "on" mode with no-water-draw energy consumption less
30 than or equal to the following values as measured in accordance with the
31 test requirements of that program:".
32
33 Page 23, line 26, strike "2024," and substitute "2025,".
34
35 Page 24 strike lines 5 through 20 and substitute "THE CERTIFICATION
36 REQUIREMENTS OF THE ENERGY STAR PROGRAM PRODUCT SPECIFICATION
37 FOR ROOM AIR CLEANERS.
38 (b) COMMERCIAL HOT FOOD HOLDING CABINETS MUST MEET THE
39 QUALIFICATION CRITERIA OF THE ENERGY STAR PROGRAM PRODUCT
40 SPECIFICATION FOR COMMERCIAL HOT FOOD HOLDING CABINETS.
41 (c) COMMERCIAL OVENS INCLUDED IN THE SCOPE OF THE ENERGY
42 STAR PROGRAM PRODUCT SPECIFICATION FOR COMMERCIAL OVENS MUST
43 MEET THE QUALIFICATION CRITERIA OF THAT SPECIFICATION.
44 (d) ELECTRIC STORAGE WATER HEATERS MUST HAVE A MODULAR
45 DEMAND RESPONSE COMMUNICATIONS PORT COMPLIANT WITH AHRI
46 1430.".
47
48 Page 24, line 22, strike "REQUIREMENTS".
49
50 Page 24, line 23, strike "EQUIPMENT, VERSION 1.0," and substitute
51 "EQUIPMENT".
52
53 Page 25, strike lines 2 through 25 and substitute "EXTINGUISHED OR MUST
54 PREVENT ANY IGNITION SOURCE FOR THE MAIN GAS BURNER FLAME FROM
55 OPERATING CONTINUOUSLY FOR MORE THAN SEVEN DAYS FROM THE LAST
56 USE OF THE MAIN GAS BURNER;
1 (II) DECORATIVE GAS FIREPLACES MUST HAVE A DIRECT VENT OR
2 POWER VENT CONFIGURATION, UNLESS THE DECORATIVE GAS FIREPLACE
3 IS MARKED FOR REPLACEMENT USE ONLY OR OUTDOOR USE ONLY OR IS A
4 GAS LOG SET; AND
5 (III) HEATING GAS FIREPLACES MUST HAVE A FIREPLACE
6 EFFICIENCY OF AT LEAST FIFTY PERCENT WHEN TESTED IN ACCORDANCE
7 WITH CANADIAN STANDARDS ASSOCIATION P.4.1-15, "TESTING METHOD
8 FOR MEASURING FIREPLACE EFFICIENCY", AS AMENDED OR REVISED.
9 (g) HIGH CRI, COLD-TEMPERATURE, AND IMPACT-RESISTANT
10 FLUORESCENT LAMPS MUST MEET THE MINIMUM EFFICACY REQUIREMENTS
11 CONTAINED IN 10 CFR 430.32 (n)(4), AS MEASURED IN ACCORDANCE WITH
12 10 CFR 430, SUBPART B, APPENDIX R, "UNIFORM TEST METHOD FOR
13 MEASURING AVERAGE LAMP EFFICACY (LE), COLOR RENDERING INDEX
14 (CRI), AND CORRELATED COLOR TEMPERATURE (CCT) OF ELECTRIC
15 LAMPS".
16 (h) IRRIGATION CONTROLLERS MUST COMPLY WITH THE
17 FOLLOWING REQUIREMENTS:
18 (I) WEATHER-BASED IRRIGATION CONTROLLERS INCLUDED WITHIN
19 THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT SPECIFICATION FOR
20 WEATHER-BASED IRRIGATION CONTROLLERS MUST MEET THE WATER".
21
22 Strike page 26.
23
24 Page 27, strike line 1 and substitute:
25
26 "(II) SOIL MOISTURE-BASED IRRIGATION CONTROLLERS INCLUDED
27 WITHIN THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT
28 SPECIFICATION FOR SOIL MOISTURE-BASED IRRIGATION CONTROLLERS
29 MUST MEET THE WATER EFFICIENCY AND PERFORMANCE CRITERIA AND
30 OTHER REQUIREMENTS FOR THAT SPECIFICATION.
31 (i) PRIVATE LAVATORY FAUCETS, TUB SPOUT DIVERTERS,
32 SHOWERHEAD TUB SPOUT DIVERTER COMBINATIONS, AND URINALS MUST
33 MEET THE REQUIREMENTS IN 20 CCR SEC. 1605.3, AS MEASURED IN
34 ACCORDANCE WITH THE TEST METHODS PRESCRIBED IN 20 CCR SEC. 1604,
35 AS AMENDED.
36 (j) RESIDENTIAL WINDOWS, RESIDENTIAL DOORS, AND RESIDENTIAL
37 SKYLIGHTS INCLUDED IN THE SCOPE OF THE ENERGY STAR PROGRAM
38 PRODUCT SPECIFICATION FOR RESIDENTIAL WINDOWS, DOORS, AND
39 SKYLIGHTS MUST SATISFY THE NORTHERN".
40
41 Page 27, after line 6 insert:
42
43 "(k) SPRAY SPRINKLER BODIES THAT ARE NOT SPECIFICALLY
44 EXCLUDED FROM THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT
45 SPECIFICATION FOR SPRAY SPRINKLER BODIES MUST INCLUDE AN INTEGRAL
46 PRESSURE REGULATOR AND A CHECK VALVE AND MUST MEET THE WATER
47 EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS OF
48 THAT SPECIFICATION.
49 (l) THERMOSTATS MUST BE PROGRAMMABLE THERMOSTATS OR
50 SMART THERMOSTATS.".
51
52 Page 27, strike lines 9 through 20 and substitute:
53
54 "6-7.5-106. New and revised standards - rules. (1) The
55 executive director may adopt by rule a more recent version of any
56 standard or test method established in section 6-7.5-105, including any
1 product definition associated with the standard or test method, in order to
2 maintain or improve consistency with other comparable standards in other
3 states, so long as the resulting efficiency is equal to or greater than the
4 efficiency achieved using the prior standard or test method. The executive
5 director shall allow at least a one-year delay between the adoption by rule
6 and the enforcement of any new standard or test method.".
7
8 Page 27, line 27, strike "STATES." and substitute "STATES OR ARE
9 PUBLISHED IN FINALIZED FORM BY THE ENERGY STAR PROGRAM OR THE
10 WATERSENSE PROGRAM.".
11
12 Page 28, strike lines 1 through 8 and substitute:
13
14 "(3) AFTER JANUARY 1, 2025, THE EXECUTIVE DIRECTOR SHALL
15 ALLOW A ONE-YEAR GRACE PERIOD AFTER ANY STANDARD, STANDARD
5 16 VERSION, DEFINITION, OR TEST METHOD REFERENCED IN THIS ARTICLE 7.
17 IS UPDATED, DURING WHICH TIME A PRODUCT MAY MEET EITHER THE
18 PREVIOUS STANDARD OR THE UPDATED STANDARD, STANDARD VERSION,
19 DEFINITION, OR TEST METHOD, AS APPLICABLE.
20 SECTION 6. In Colorado Revised Statutes, 6-7.5-109, amend (1)
21 introductory portion; and add (3), (4), and (5) as follows:
22 6-7.5-109. Testing, certification, labeling, and enforcement -
23 rules - verifications of compliance - publication of material
24 incorporated by".
25
26 Page 28, strike lines 17 through 20 and substitute:
27
28 "(3) ON OR BEFORE JANUARY 1, 2025, THE EXECUTIVE DIRECTOR".
29
30 Page 28, strike lines 26 and 27.
31
32 Page 29, strike lines 1 through 14 and substitute:
33
34 "(4) THE EXECUTIVE DIRECTOR SHALL:
35 (a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE
36 WITH THE PROVISIONS OF THIS ARTICLE 7.5 THROUGH ONLINE
37 SPOT-CHECKS, COORDINATION WITH OTHER STATES THAT HAVE SIMILAR
38 STANDARDS, OR BOTH;
39 (b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE
40 JANUARY 1, 2026, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2031;
41 (c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
42 VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
43 HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
44 COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES, AND
45 POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND
46 ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;
47 AND
48 (d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
49 GENERAL.
50 (5) ON OR BEFORE JANUARY 1, 2025, THE EXECUTIVE DIRECTOR".
51
52 Page 35, strike lines 15 through 27.
53
54 Page 36, strike lines 1 through 9 and substitute:
55
56
1 "25-5-1405. Prohibited lamps. (1) ON AND AFTER JANUARY 1,
2 2025, A PERSON SHALL NOT MANUFACTURE, DISTRIBUTE, SELL, OR OFFER
3 FOR SALE IN COLORADO ANY:
4 (a) LINEAR FLUORESCENT LAMP; OR
5 (b) COMPACT FLUORESCENT LAMP.
6 25-5-1406. Enforcement - verifications of compliance - civil
7 action by attorney general - penalties. (1) THE EXECUTIVE DIRECTOR
8 SHALL:
9 (a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE
10 WITH THE PROVISIONS OF THIS PART 14 THROUGH ONLINE SPOT-CHECKS,
11 COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS, OR
12 BOTH;
13 (b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE
14 JANUARY 1, 2026, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2031;
15 (c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
16 VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
17 HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
18 COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES, AND
19 POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND
20 ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;
21 AND
22 (d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
23 GENERAL.".
24
25 Page 36, line 10, strike "2024," and substitute "2025,".
26
27 Page 38, after line 4 insert:
28
29 "(e) MITIGATE THE EFFECTS OF CLIMATE CHANGE;".
30
31 Reletter succeeding paragraphs accordingly.
32
33 Page 38, strike lines 12 through 15 and substitute:
34
35 "(1) (a) "BOILER" MEANS A DEVICE THAT HEATS WATER BY
36 COMBUSTION OF FUEL OR THROUGH THE USE OF ELECTRICITY AND FROM
37 WHICH THE HEATED WATER EXITS FOR USE IN VARIOUS PROCESSES OR
38 HEATING APPLICATIONS.
39 (b) "BOILER" DOES NOT INCLUDE A STEAM BOILER.".
40
41 Page 38, after line 19 insert:
42
43 "(3) "ENERGY STAR PROGRAM" HAS THE MEANING SET FORTH IN
44 SECTION 6-7.5-102 (24).".
45
46 Renumber succeeding subsections accordingly.
47
48 Page 38, strike lines 24 through 26 and substitute "SPACE HEATER THAT
49 PROVIDES".
50
51 Page 38, line 27, strike "(b) PROVIDES".
52
53 Page 40, line 7, strike "SECTION," and substitute "SECTION AND AS
54 MODIFIED BY RULES PROMULGATED BY THE EXECUTIVE DIRECTOR OR THE
55 COMMISSION PURSUANT TO SECTION 25-7-1506,".
56
1 Page 40, line 27, strike "OR".
2
3 Page 41, strike lines 1 through 21 and substitute:
4
5 "(d) PRODUCTS THAT DO NOT BURN FOSSIL FUELS; OR
6 (e) PRODUCTS THAT ARE CERTIFIED TO THE ENERGY STAR
7 PROGRAM PRODUCT SPECIFICATION FOR WATER HEATERS, BOILERS, OR
8 FAN-TYPE CENTRAL FURNACES.
9 25-7-1504. Emission standards for new products. (1) ON AND
10 AFTER JANUARY 1, 2025, EXCEPT AS DESCRIBED IN SECTION 25-7-1506, A
11 PERSON SHALL NOT MANUFACTURE, DISTRIBUTE, SELL, OFFER FOR SALE,
12 LEASE, OR OFFER FOR LEASE IN COLORADO ANY OF THE FOLLOWING NEW
13 PRODUCTS UNLESS THE EMISSIONS OF THE PRODUCT DO NOT EXCEED THE
14 FOLLOWING EMISSIONS LIMITS, AS APPLICABLE:
15 (a) TEN NANOGRAMS OF NOX PER JOULE FOR WATER HEATERS AND
16 BOILERS WITH A RATED HEAT INPUT CAPACITY OF UP TO SEVENTY-FIVE
17 THOUSAND BTUS PER HOUR AND FOR ANY UNIT WITH POWER ASSIST;
18 (b) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR WATER
19 HEATERS AND BOILERS WITH A RATED HEAT INPUT CAPACITY OF MORE
20 THAN SEVENTY-FIVE THOUSAND AND LESS THAN TWO MILLION BTUS PER
21 HOUR; OR
22 (c) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR FAN-TYPE
23 CENTRAL FURNACES.".
24
25 Page 42, strike line 21 and substitute "EACH MODEL BY EITHER:".
26
27 Page 42, strike line 27 and substitute "PART 15; OR".
28
29 Page 43, strike lines 5 through 27.
30
31 Page 44, strike lines 1 through 17 and substitute "DESCRIBED IN THIS PART
32 15.
33 25-7-1506. Rules - analysis. (1) NOTWITHSTANDING ANY
34 PROVISION OF THIS PART 15, THE EXECUTIVE DIRECTOR MAY PROMULGATE
35 RULES UPDATING ANY EMISSION STANDARD, DEFINITION, OR TEST METHOD
36 ESTABLISHED IN THIS PART 15 IN ORDER TO MAINTAIN OR IMPROVE
37 CONSISTENCY WITH OTHER COMPARABLE STANDARDS IN OTHER STATES SO
38 LONG AS THE UPDATED VERSION RESULTS IN AIR QUALITY THAT IS EQUAL
39 TO OR BETTER THAN AIR QUALITY ACHIEVED USING THE PRIOR STANDARD.
40 (2) THE EXECUTIVE DIRECTOR MAY PROMULGATE RULES AS
41 NECESSARY TO ENSURE THE PROPER IMPLEMENTATION AND ENFORCEMENT
42 OF THIS PART 15.
43 (3) ON OR BEFORE JANUARY 1, 2030, THE EXECUTIVE DIRECTOR
44 SHALL CONDUCT AN ANALYSIS TO DETERMINE WHETHER STATEWIDE
45 GREENHOUSE GAS EMISSIONS FROM WATER HEATERS, BOILERS, AND
46 FAN-TYPE CENTRAL FURNACES ARE DECLINING IN COMPARISON TO
47 EMISSION LEVELS IN 2023 IN A MANNER THAT COMPORTS WITH THE
48 STATEWIDE GREENHOUSE GAS REDUCTION GOALS SET FORTH IN SECTION
49 25-7-102 (2)(g). UNLESS THE ANALYSIS DETERMINES THAT THE EMISSIONS
50 TRAJECTORY IS CONSISTENT WITH ACHIEVING THE STATEWIDE
51 GREENHOUSE GAS REDUCTION GOALS, THE EXECUTIVE DIRECTOR SHALL
52 PROPOSE TO THE COMMISSION RULES TO BRING THE EMISSION LEVELS IN
53 LINE WITH THE REDUCTION GOALS. THE EXECUTIVE DIRECTOR SHALL
54 ENSURE THAT SUCH RULES:
55
1 (a) TAKE INTO ACCOUNT ANY EMISSION STANDARDS THAT ARE IN
2 EFFECT OR UNDER DEVELOPMENT IN OTHER JURISDICTIONS OR AT THE
3 FEDERAL LEVEL FOR NEW WATER HEATERS, BOILERS, AND FAN-TYPE
4 CENTRAL FURNACES;
5 (b) ARE ACHIEVABLE WITH AVAILABLE TECHNOLOGY; AND
6 (c) DO NOT PLACE AN UNDUE COST BURDEN ON CONSUMERS.
7 25-7-1507. Enforcement - verifications of compliance - civil
8 action by attorney general - penalties. (1) THE EXECUTIVE DIRECTOR
9 SHALL:
10 (a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE
11 WITH THE PROVISIONS OF THIS PART 15 THROUGH ONLINE SPOT-CHECKS,
12 COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS, OR
13 BOTH;
14 (b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE
15 JANUARY 1, 2026, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2031;
16 (c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
17 VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
18 HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
19 COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES, AND
20 POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND
21 ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;
22 AND
23 (d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
24 GENERAL.".
25
26 Page 44, line 18, strike "2024," and substitute "2025,".
27
28
House Journal, April 10
38 Amend printed bill, page 47, after line 12 insert:
39
40 "SECTION 13. Appropriation. (1) For the 2023-24 state fiscal
41 year, $49,730 is appropriated to the department of public health and
42 environment. This appropriation is from the general fund. To implement
43 this act, the department may use this appropriation as follows:
44 (a) $5,848 for use by the division of environmental health and
45 sustainability for administration and support, which amount is based on
46 an assumption that the division will require an additional 0.1 FTE; and
47 (b) $43,882 for the purchase of legal services.
48 (2) For the 2023-24 state fiscal year, $43,882 is appropriated to
49 the department of law. This appropriation is from reappropriated funds
50 received from the department of public health and environment under
51 subsection (1)(b) of this section and is based on an assumption that the
52 department of law will require an additional 0.2 FTE. To implement this
53 act, the department of law may use this appropriation to provide legal
54 services for the department of public health and environment.".
55
1 Renumber succeeding section accordingly.
2
3 Page 1, line 101, strike "PRODUCTS." and substitute "PRODUCTS, AND, IN
4 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Senate Journal, April 24
Amend reengrossed bill, page 48, after line 23 insert:
"SECTION 15. In Colorado Revised Statutes, 35-10-112, repeal (3)
as follows:
35-10-112. Notification requirements - registry of pesticide-sensitive
persons - preemption - rules. (3) No county, city and county, municipality,
home rule county, home rule city and county, or home rule municipality shall
enact or impose any notification requirements upon commercial applicators
which are more stringent than those imposed by this article; except that each
county, city and county, municipality, home rule county, home rule city and
county, and home rule municipality shall retain the authority to impose any
notification requirements upon private individuals, property owners, and the
general public. Any such notification requirement imposed by any county, city
and county, municipality, home rule county, home rule city and county, or home
rule municipality on private individuals, property owners, or the general public
shall not be held to be applicable to any commercial applicator, nor shall any
commercial applicator be exposed to any liability for a failure to comply with
any such notification requirement.
SECTION 16. In Colorado Revised Statutes, 35-10-112.5, amend
(1)(b), (1)(e), and (3)(a) introductory portion; and add (3)(a)(V), (3)(a)(VI), and
(3)(a.5) as follows:
35-10-112.5. Statewide uniformity of pesticide control and
regulation - exceptions. (1) The general assembly hereby determines that:
(b) A system of pesticide regulation that is consistent and coordinated,
that creates statewide uniform standards, and that conforms with both state and
federal technical standards and requirements is essential to the public health,
safety, and welfare; and finds that local regulation of pesticides that is
inconsistent with and adopts different standards from federal and state
requirements does not assist in achieving these benefits;
(e) Pesticide regulation is a matter of statewide AND LOCAL concern.
(3) (a) Nothing in this article ARTICLE 10 may be construed to limit the
authority of a local government as defined by state law to:
(V) REGULATE THE APPLICATION OF PESTICIDES ON PROPERTIES
LOCATED WITHIN THE BOUNDARIES OF THE LOCAL GOVERNMENT, EXCEPT THAT
A LOCAL GOVERNMENT SHALL NOT:
(A) ADOPT REGULATIONS LIMITING THE APPLICATION OF PESTICIDES TO
PREVENT OR OTHERWISE CONTROL INVASIVE SPECIES OR NOXIOUS WEEDS, OR TO
PROTECT SENSITIVE WILDLIFE, INCLUDING APPLICATIONS THAT MAY BY
NECESSARY FOR THE IMPLEMENTATION OF MANAGEMENT PLANS ON PROPERTIES
OWNED OR MANAGED BY THE STATE GOVERNMENT;
(B) ADOPT REGULATIONS LIMITING THE USE OF PESTICIDES IN THE
PRODUCTION OF AGRICULTURAL PRODUCTS, INCLUDING FOR THE PURPOSES OF
GROWING FEED FOR LIVESTOCK, MANAGING LIVESTOCK, AND MAINTAINING
AGRICULTURAL WATER SUPPLY FACILITIES SUCH AS IRRIGATION DITCHES AND
OTHER WATER INFRASTRUCTURE; OR
(C) ADOPT REGULATIONS LIMITING THE USE OF PESTICIDES BY A PUBLIC
UTILITY, AS DEFINED IN SECTION 40-1-103 (1)(a), ON PROPERTY OWNED OR
CONTROLLED BY THE PUBLIC UTILITY, INCLUDING FOR THE PURPOSE OF
PROTECTING UTILITY INFRASTRUCTURE OR MANAGING VEGETATION FOR THE
OPERATION OF UTILITY INFRASTRUCTURE;
(D) ADOPT REGULATIONS LIMITING THE USE OF PESTICIDES BY A WATER
CONSERVANCY DISTRICT CREATED PURSUANT TO ARTICLE 45 OF TITLE 37; A
WATER CONSERVATION DISTRICT CREATED PURSUANT TO ARTICLES 46 TO 50 OF
TITLE 37; A MUNICIPAL WATER SERVICE PROVIDER; AN IRRIGATION DISTRICT
FORMED PURSUANT TO ARTICLE 41, 42, OR 43 OF TITLE 37; OR A DITCH OR
RESERVOIR COMPANY, IN THE OPERATION AND MAINTENANCE OF WATER SUPPLY
COLLECTION, CONVEYANCE, OR DISTRIBUTION FACILITIES THAT WHOLLY OR
PARTIALLY SUPPLY WATER FOR AGRICULTURAL, INDUSTRIAL, OR MUNICIPAL
USE; OR
(E) APPROVE ANY ORDINANCE THAT REGULATES PESTICIDES AND IS NOT
GUIDED BY PEER REVIEWED SCIENCE; OR
(VI) ENFORCE REGULATIONS ENACTED PURSUANT TO SUBSECTION
(3)(a)(V) OF THIS SECTION.
(a.5) A VIOLATION OF ANY REGULATION ADOPTED BY A LOCAL
GOVERNMENT PURSUANT TO SUBSECTION (3)(a)(V) OF THIS SECTION DOES NOT
ITSELF CONSTITUTE A VIOLATION OF ANY OTHER PROVISION OF THIS ARTICLE
10.".
Renumber succeeding section accordingly.