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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0428.01 Sarah Lozano x3858 HOUSE BILL 26-1111
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
CONCERNING THE CREATION OF A PROGRAM FOR THE END -OF-LIFE101
MANAGEMENT OF PESTICIDE PRODUCTS , AND, IN CONNECTION102
THEREWITH, CREATING THE PESTICIDE PRODUCT DISPOSAL AND103
CONTAINER RECYCLING ENTERPRISE TO DEVELOP AND104
ADMINISTER THE PROGRAM.105
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.)
The bill creates the pesticide product disposal and container
recycling enterprise (enterprise) in the department of agriculture. The
HOUSE SPONSORSHIP
Mauro and McCormick,
SENATE SPONSORSHIP
Kipp and Roberts,
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.
board of directors of the enterprise consists of the members of the state
agricultural commission.
The enterprise is tasked with developing and administering a
program for the disposal of pesticide products and the recycling of
pesticide product containers (program). Along with providing these
business services, the program must:
! Organize pesticide product disposal and container recycling
events for commercial applicators and private applicators
across the state;
! Provide outreach and education to commercial applicators
and private applicators on proper and safe disposal and
recycling practices and the services provided by the
program; and
! Provide certain business services to an applicant that
registers a pesticide product with the commissioner of
agriculture for sale or distribution in the state (applicant).
The enterprise operates as a government-owned business
imposing:
! A pesticide product disposal fee for each pesticide product
that is disposed of through the program; and
! A pesticide registration product disposal and container
recycling fee on each applicant.
The fees are credited to the pesticide product disposal and
container recycling enterprise cash fund for use by the enterprise to carry
out the program. Money credited to the fund is subject to annual
appropriation by the general assembly.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 10.5 to2
title 35 as follows:3
ARTICLE 10.54
Pesticide Product Disposal and5
Container Recycling Enterprise6
35-10.5-101. Legislative declaration.7
(1) THE GENERAL ASSEMBLY FINDS THAT:8
(a) T HE ACCUMULATION OF EXCESS OR UNWANTED PESTICIDE9
PRODUCTS MAY POSE A RISK TO HUMAN HEALTH OR THE ENVIRONMENT10
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BECAUSE:1
(I) P ESTICIDE PRODUCT CONTAINERS MAY BE COMPROMISED BY2
LENGTHY OR IMPROPER STORAGE, LEADING TO AN INCREASED POTENTIAL3
FOR RELEASE INTO THE ENVIRONMENT; AND4
(II) T HE ACCUMULATION OF EXCESS OR UNWANTED PESTICIDE5
PRODUCTS MAY INCREASE THE POTENTIAL FOR IMPROPER DISPOSAL OF6
THOSE PRODUCTS OR THEIR CONTAINERS WHEN SUITABLE AND SAFE7
DISPOSAL OPTIONS ARE LACKING AND MAY CAUSE THOSE PRODUCTS OR8
THE CONTENTS OF THEIR CONTAINERS TO SEEP INTO SOIL , LEACH INTO9
GROUNDWATER, OR COME INTO CONTACT WITH HUMANS OR OTHER10
ORGANISMS, WHICH INCREASES THE POTENTIAL FOR ENVIRONMENTAL11
CONTAMINATION OR HUMAN HEALTH RISK; AND12
(b) T HE ESTABLISHMENT OF A PROGRAM THAT REDUCES THE13
POTENTIAL RISKS ASSOCIATED WITH THE INCORRECT OR OTHERWISE14
UNLAWFUL DISPOSAL OF PESTICIDE PRODUCTS AND RECYCLING OF15
PESTICIDE PRODUCT CONTAINERS SUPPORTS PUBLIC HEALTH AND THE16
ENVIRONMENT.17
(2) THE GENERAL ASSEMBLY FURTHER FINDS THAT:18
(a) A COMMERCIAL APPLICATOR OR PRIVATE APPLICATOR MAY19
LACK RELIABLE OPPORTUNITIES FOR THE DISPOSAL OF PESTICIDE20
PRODUCTS OR THE RECYCLING OF PESTICIDE PRODUCT CONTAINERS21
BECAUSE:22
(I) A COMMERCIAL APPLICATOR OR PRIVATE APPLICATOR CANNOT23
DISPOSE OF OR RECYCLE PESTICIDE PRODUCTS IN HOUSEHOLD OR24
RESIDENTIAL WASTE PROGRAMS BECAUSE THE APPLICATORS POSSESS TOO25
HIGH OF A VOLUME OF EXCESS OR UNWANTED PESTICIDE PRODUCTS OR26
OTHERWISE POSSESS RESTRICTED-USE PESTICIDE PRODUCTS THAT REQUIRE27
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SPECIAL HANDLING BEYOND WHAT A HOUSEHOLD OR RESIDENTIAL WASTE1
PROGRAM CAN PROVIDE; AND2
(II) T HERE ARE A LIMITED NUMBER OF DISPOSAL FACILITIES3
AVAILABLE TO COMMERCIAL APPLICATORS AND PRIVATE APPLICATORS .4
THESE FACILITIES ARE GEOGRAPHICALLY DISPERSED AND THUS5
INCONVENIENT OR COST PROHIBITIVE TO ACCESS OR USE FOR COMMERCIAL6
APPLICATORS AND PRIVATE APPLICATORS THAT ARE NOT LOCATED NEAR7
THE FACILITIES.8
(b) THE ESTABLISHMENT OF A DISPOSAL AND RECYCLING PROGRAM9
WOULD INCENTIVIZE A COMMERCIAL APPLICATOR 'S OR PRIVATE10
APPLICATOR'S PROPER AND TIMELY MANAGEMENT OF EXCESS OR11
UNWANTED PESTICIDE PRODUCTS BY PROVIDING A PREDICTABLE ,12
CONVENIENT, COST -EFFECTIVE, AND LAWFUL OPPORTUNITY FOR A13
COMMERCIAL APPLICATOR OR PRIVATE APPLICATOR TO DISPOSE OF14
PESTICIDE PRODUCTS OR RECYCLE PESTICIDE PRODUCT CONTAINERS; AND15
(c) MANUFACTURERS OR DISTRIBUTORS OF PESTICIDE PRODUCTS16
THAT REGISTER THEIR PRODUCTS FOR SALE OR DISTRIBUTION IN THE STATE17
ALSO BENEFIT FROM A PESTICIDE DISPOSAL AND RECYCLING PROGRAM18
BECAUSE THE PROGRAM:19
(I) R EDUCES A REGISTRANT 'S ENVIRONMENTAL FOOTPRINT BY20
PROMOTING THE SUSTAINABLE AND SAFE USE OF THAT REGISTRANT 'S21
PESTICIDE PRODUCT THROUGHOUT THE PRODUCT'S ENTIRE LIFE CYCLE;22
(II) L ESSENS THE REGISTRANT 'S BURDEN OF INDEPENDENTLY23
MANAGING THE DISPOSAL OF PESTICIDE PRODUCTS OR RECYCLING OF24
PESTICIDE PRODUCT CONTAINERS; AND25
(III) ALIGNS WITH PRODUCT STEWARDSHIP AND SUSTAINABILITY26
GOALS SHARED ACROSS THE PESTICIDE INDUSTRY AND SUPPORTED BY THE27
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REQUIREMENT IN THE "FEDERAL INSECTICIDE, FUNGICIDE, AND1
RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET SEQ ., THAT, IN ORDER TO BE2
REGISTERED AS A PESTICIDE PRODUCT , THE PRODUCT 'S LABEL INCLUDE3
DIRECTIONS FOR SAFE STORAGE , USE , AND DISPOSAL AND FURTHER4
SUPPORTED BY THE REQUIREMENT THAT REFILLABLE AND NONREFILLABLE5
PESTICIDE PRODUCT CONTAINERS M EET SPECIFIC DESIGN AND6
CONSTRUCTION STANDARDS.7
(3) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT:8
(a) TO PROMOTE PUBLIC HEALTH AND THE ENVIRONMENT AND TO9
PROVIDE PROTECTION FROM THE POTENTIAL RISKS POSED BY THE10
IMPROPER DISPOSAL OF PESTICIDE PRODUCTS OR RECYCLING OF PESTICIDE11
PRODUCT CONTAINERS , COMMERCIAL APPLICATORS AND PRIVATE12
APPLICATORS THAT USE THE BUSINESS SERVICES DESCRIBED IN SECTION13
35-10.5-105 (1)(a)(I) AND APPLICANTS THAT REGISTER A PESTICIDE14
PRODUCT WITH THE COMMISSIONER FOR SALE OR DISTRIBUTION IN THE15
STATE SHOULD SUPPORT THE DEVELOPMENT AND ADMINISTRATION OF A16
PESTICIDE PRODUCT DISPOSAL AND CONTAINER RECYCLING PROGRAM17
CREATED AS AN ENTERPRISE IN THE DEPARTMENT;18
(b) THE ACTIVITIES OF THE ENTERPRISE SHOULD BE FUNDED BY19
REVENUE GENERATED FROM:20
(I) P ESTICIDE PRODUCT DISPOSAL FEES PAID BY COMMERCIAL21
APPLICATORS AND PRIVATE APPLICATORS THAT USE THE BUSINESS22
SERVICES DESCRIBED IN SECTION 35-10.5-105 (1)(a)(I); AND23
(II) PESTICIDE REGISTRATION PRODUCT DISPOSAL AND CONTAINER24
RECYCLING FEES PAID ANNUALLY BY APPLICANTS THAT REGISTER A25
PESTICIDE PRODUCT WITH THE COMMISSIONER FOR SALE OR DISTRIBUTION26
IN THE STATE;27
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(c) I T IS APPROPRIATE FOR COMMERCIAL APPLICATORS AND1
PRIVATE APPLICATORS THAT DISPOSE OF PESTICIDE PRODUCTS THROUGH2
THE PROGRAM TO PAY THE PESTICIDE PRODUCT DISPOSAL FEE IMPOSED BY3
THE ENTERPRISE, AS THESE APPLICATORS ARE THE DIRECT BENEFICIARIES4
OF THE BUSINESS SERVICES PROVIDED BY THE ENTERPRISE;5
(d) I T IS ALSO APPROPRIATE FOR APPLICANTS THAT REGISTER A6
PESTICIDE PRODUCT WITH THE COMMISSIONER FOR SALE OR DISTRIBUTION7
IN THE STATE TO PAY THE PESTICIDE REGISTRATION PRODUCT DISPOSAL8
AND CONTAINER RECYCLING FEE IMPOSED BY THE ENTERPRISE, AS THESE9
APPLICANTS BENEFIT FROM A PROGRAM THAT PROVIDES FOR THE DISPOSAL10
OF MANY OF THE PESTICIDE PRODUCTS AND THE RECYCLING OF MANY OF11
THE CONTAINERS FOR THE PESTICIDE PRODUCTS THAT THESE APPLICANTS12
SELL OR DISTRIBUTE IN THE STATE;13
(e) C ONSISTENT WITH THE DETERMINATION OF THE COLORADO14
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89615
P.2d 859 (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS16
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE17
X OF THE STATE CONSTITUTION , THE GENERAL ASSEMBLY CONCLUDES18
THAT THE PESTICIDE PRODUCT DISPOSAL FEE AND THE PESTICIDE19
REGISTRATION PRODUCT DISPOSAL AND CONTAINER RECYCLING FEE ARE20
FEES, NOT TAXES, AND THE ENTERPRISE OPERATES AS A BUSINESS BECAUSE21
THE PESTICIDE PRODUCT DISPOSAL FEE AND THE PESTICIDE REGISTRATION22
PRODUCT DISPOSAL AND CONTAINER RECYCLING FEE ARE:23
(I) IMPOSED FOR THE SPECIFIC BUSINESS PURPOSE OF DEVELOPING24
AND ADMINISTERING THE PESTICIDE PRODUCT DISPOSAL AND CONTAINER25
RECYCLING PROGRAM; AND26
(II) COLLECTED AT A RATE THAT IS REASONABLY RELATED TO THE27
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OVERALL COST OF THE BUSINESS SERVICES BEING PROVIDED; AND1
(f) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR2
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE3
REVENUE FROM THE PESTICIDE PRODUCT DISPOSAL FEES AND THE4
PESTICIDE REGISTRATION PRODUCT DISPOSAL AND CONTAINER RECYCLING5
FEES IMPOSED , COLLECTED, AND ADMINISTERED BY THE ENTERPRISE IS6
NOT STATE FISCAL YEAR SPENDING , AS DEFINED IN SECTION 24-77-1027
(17), OR STATE REVENUES , AS DEFINED IN SECTION 24-77-103.6 (6)(c),8
AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING9
LIMIT IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION10
OR THE EXCESS STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.611
(6)(b)(I)(G).12
35-10.5-102. Definitions.13
AS USED IN THIS ARTICLE 10.5, UNLESS THE CONTEXT OTHERWISE14
REQUIRES:15
(1) "BOARD" MEANS THE BOARD OF DIRECTORS OF THE ENTERPRISE16
CREATED IN SECTION 35-10.5-104 (1)(a).17
(2) "COMMERCIAL APPLICATOR" HAS THE MEANING SET FORTH IN18
SECTION 35-10-103 (2).19
(3) "C OMMISSION" MEANS THE STATE AGRICULTURAL20
COMMISSION.21
(4) "C OMMISSIONER" MEANS THE COMMISSIONER OF22
AGRICULTURE.23
(5) (a) "C ONTAINER" MEANS A PACKAGE , CAN , BOTTLE , BAG ,24
BARREL, DRUM, TANK , OR OTHER CONTAINING DEVICE , EXCLUDING AN25
APPLICATION TANK, THAT IS USED TO ENCLOSE A PESTICIDE PRODUCT.26
(b) "CONTAINER" INCLUDES A CONTAINER THAT IS USED TO SELL27
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OR DISTRIBUTE A PESTICIDE PRODUCT AND THAT ALSO FUNCTIONS IN1
APPLYING THE PESTICIDE PRODUCT , SUCH AS A SPRAY BOTTLE , AN2
AEROSOL CAN , AND A CONTAINER THAT BECOMES PART OF A DIRECT3
INJECTION SYSTEM.4
(6) "DEPARTMENT" MEANS THE DEPARTMENT OF AGRICULTURE.5
(7) "ENTERPRISE" MEANS THE PESTICIDE PRODUCT DISPOSAL AND6
CONTAINER RECYCLING ENTERPRISE CREATED IN SECTION 35-10.5-103 (1).7
(8) "F UND" MEANS THE PESTICIDE PRODUCT DISPOSAL AND8
CONTAINER RECYCLING ENTERPRISE CASH FUND CREATED IN SECTION9
35-10.5-106 (1).10
(9) (a) "P ESTICIDE" HAS THE MEANING SET FORTH IN SECTION11
35-9-103 (11) BUT INCLUDES ONLY PESTICIDES THAT ARE REGISTERED12
WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER13
THE "FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 714
U.S.C. SEC. 136 ET SEQ., OR WITH THE DEPARTMENT UNDER ARTICLE 9 OF15
THIS TITLE 35.16
(b) "PESTICIDE" DOES NOT INCLUDE PESTICIDE RINSATE, SPILLED17
MATERIAL, OR AFFECTED MEDIA.18
(10) "PESTICIDE PRODUCT" MEANS A PESTICIDE IN THE PARTICULAR19
FORM, INCLUDING PACKAGING, COMPOSITION, AND LABELING, IN WHICH20
THE PESTICIDE IS INTENDED TO BE DISTRIBUTED OR SOLD.21
(11) "PESTICIDE PRODUCT DISPOSAL AND CONTAINER RECYCLING22
PROGRAM" OR "PROGRAM" MEANS THE PESTICIDE PRODUCT DISPOSAL AND23
CONTAINER RECYCLING PROGRAM DESCRIBED IN SECTION 35-10.5-105 (1).24
(12) "PESTICIDE PRODUCT DISPOSAL FEE" MEANS THE FEE IMPOSED25
BY THE ENTERPRISE PURSUANT TO SECTION 35-10.5-105 (2)(a).26
(13) "P ESTICIDE REGISTRATION PRODUCT DISPOSAL AND27
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CONTAINER RECYCLING FEE " MEANS THE ANNUAL FEE IMPOSED BY THE1
ENTERPRISE PURSUANT TO SECTION 35-10.5-105 (3)(a).2
(14) "P RIVATE APPLICATOR " HAS THE MEANING SET FORTH IN3
SECTION 35-10-103 (11.5).4
35-10.5-103. Enterprise created.5
(1) THE PESTICIDE PRODUCT DISPOSAL AND CONTAINER RECYCLING6
ENTERPRISE IS CREATED IN THE DEPARTMENT AND EXERCISES ITS POWERS7
AND PERFORMS ITS DUTIES AND FUNCTIONS AS A GOVERNMENT -OWNED8
BUSINESS IN THE DEPARTMENT TO EXECUTE THE BUSINESS PURPOSES SET9
FORTH IN THIS SECTION. THE ENTERPRISE IS CREATED FOR THE PURPOSES10
OF:11
(a) D EVELOPING AND ADMINISTERING THE PESTICIDE PRODUCT12
DISPOSAL AND CONTAINER RECYCLING PROGRAM; AND13
(b) I MPOSING THE PESTICIDE PRODUCT DISPOSAL FEE AND THE14
PESTICIDE REGISTRATION PRODUCT DISPOSAL AND CONTAINER RECYCLING15
FEE.16
(2) THE BOARD, IN CONSULTATION WITH THE DEPARTMENT, SHALL17
ADMINISTER THE ENTERPRISE IN ACCORDANCE WITH THIS SECTION.18
(3) (a) T HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR19
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO20
LONG AS IT RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND21
RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS, AS22
DEFINED IN SECTION 24-77-102 (7), FROM ALL COLORADO STATE AND23
LOCAL GOVERNMENTS COMBINED . SO LONG AS IT CONSTITUTES AN24
ENTERPRISE, THE ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE25
X OF THE STATE CONSTITUTION.26
(b) THE ENTERPRISE IS AUTHORIZED TO ISSUE REVENUE BONDS FOR27
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THE EXPENSES OF THE ENTERPRISE , SECURED BY REVENUE OF THE1
ENTERPRISE.2
35-10.5-104. Board of directors created - powers and duties.3
(1) (a) T HE ENTERPRISE BOARD OF DIRECTORS IS CREATED TO4
ADMINISTER THE ENTERPRISE. THE BOARD CONSISTS OF THE MEMBERS OF5
THE COMMISSION.6
(b) BOARD MEMBERS SERVE WITHOUT COMPENSATION AND ARE7
NOT ENTITLED TO RECEIVE REIMBURSEMENT FOR TRAVEL EXPENSES8
INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.9
(2) IN ADDITION TO THE PURPOSE DESCRIBED IN SUBSECTION (1)(a)10
OF THIS SECTION AND ANY OTHER POWERS AND DUTIES SPECIFIED IN THIS11
ARTICLE 10.5, THE BOARD HAS THE FOLLOWING POWERS AND DUTIES ON12
BEHALF OF THE ENTERPRISE:13
(a) T O ADOPT PROCEDURES FOR CONDUCTING THE BOARD 'S14
AFFAIRS;15
(b) T O ENGAGE THE SERVICES OF CONTRACTORS AND16
CONSULTANTS, INCLUDING THE DEPARTMENT , FOR PROFESSIONAL AND17
TECHNICAL ASSISTANCE AND ADVICE AND TO SUPPLY OTHER SERVICES18
RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE, WITHOUT19
REGARD TO THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE20
24; AND21
(c) TO HAVE AND EXERCISE THE RIGHTS AND POWERS NECESSARY22
OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES23
GRANTED BY THIS SECTION.24
(3) (a) THE ENTERPRISE MAY CONTRACT WITH THE DEPARTMENT25
FOR THE PROVISION OF OFFICE SPACE AND ADMINISTRATIVE STAFF TO THE26
ENTERPRISE AT A FAIR MARKET RATE.27
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(b) T HE ENTERPRISE SHALL ENGAGE THE ATTORNEY GENERAL 'S1
OFFICE FOR LEGAL SERVICES.2
35-10.5-105. Pesticide product disposal and container3
recycling program - fees.4
(1) ON AND AFTER JANUARY 1, 2027, THE BOARD SHALL DEVELOP5
AND ADMINISTER A PROGRAM FOR THE DISPOSAL OF PESTICIDE PRODUCTS6
AND THE RECYCLING OF PESTICIDE PRODUCT CONTAINERS , WHICH7
PROGRAM MUST:8
(a) PROVIDE THE FOLLOWING BUSINESS SERVICES TO COMMERCIAL9
APPLICATORS AND PRIVATE APPLICATORS IN THE STATE:10
(I) P ESTICIDE PRODUCT DISPOSAL SERVICES TO COMMERCIAL11
APPLICATORS AND PRIVATE APPLICATORS THAT PAY THE PESTICIDE12
PRODUCT DISPOSAL FEE;13
(II) P ESTICIDE PRODUCT CONTAINER RECYCLING SERVICES TO14
COMMERCIAL APPLICATORS AND PRIVATE APPLICATORS;15
(III) OUTREACH AND EDUCATION TO COMMERCIAL APPLICATORS16
AND PRIVATE APPLICATORS ON THE PROPER AND SAFE DISPOSAL AND17
RECYCLING OF PESTICIDE PRODUCTS AND ON THE BUSINESS SERVICES18
PROVIDED BY THE PROGRAM;19
(IV) ESTABLISHING PESTICIDE PRODUCT DISPOSAL AND CONTAINER20
RECYCLING EVENTS FOR COMMERCIAL APPLICATORS AND PRIVATE21
APPLICATORS, WHICH EVENTS MUST BE SCHEDULED AT A PREDICTABLE22
FREQUENCY AND IN DIVERSE GEOGRAPHIC LOCATIONS ACROSS THE STATE,23
AND THE ENTERPRISE MAY CONTRACT WITH THIRD PARTIES TO HOST ,24
MANAGE, OR OVERSEE THE PESTICIDE PRODUCT DISPOSAL AND CONTAINER25
RECYCLING EVENTS; AND26
(V) P ROVIDING A COST -EFFECTIVE MEANS FOR COMMERCIAL27
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APPLICATORS AND PRIVATE APPLICAT ORS TO DISPOSE OF PESTICIDE1
PRODUCTS OR RECYCLE PESTICIDE PRODUCT CONTAINERS BY ALLOWING2
COMMERCIAL APPLICATORS AND PRIVATE APPLICATORS THAT PARTICIPATE3
IN THE PROGRAM TO SHARE THE COSTS OF THE DISPOSAL SERVICES; AND4
(b) PROVIDE THE FOLLOWING BUSINESS SERVICES TO APPLICANTS5
THAT REGISTER A PESTICIDE PRODUCT WITH THE COMMISSIONER FOR SALE6
OR DISTRIBUTION IN THE STATE:7
(I) D ECREASING COSTS BORNE BY AN APPLICANT WHEN THE8
APPLICANT MUST DISPOSE OF A PESTICIDE PRODUCT OR RECYCLE A9
PESTICIDE PRODUCT CONTAINER INDEPENDENT OF A CONVENIENT, LOCAL,10
AND ESTABLISHED PROGRAM;11
(II) SUPPORTING AN APPLICANT'S PRODUCT STEWARDSHIP GOALS12
BY PROVIDING A SAFE , RELIABLE, AND CONVENIENT OPPORTUNITY FOR13
PESTICIDE PRODUCT DISPOSAL AND PESTICIDE PRODUCT CONTAINER14
RECYCLING;15
(III) D ECREASING THE FINANCIAL AND ENVIRONMENTAL16
FOOTPRINT OF AN APPLICANT'S PESTICIDE PRODUCT BY ENSURING PROPER17
DISPOSAL OF THE PESTICIDE PRODUCT OR RECYCLING OF THE PESTICIDE18
PRODUCT CONTAINER AT THE END-OF-LIFE STAGE; AND19
(IV) DECREASING AN APPLICANT'S LIABILITY FOR CONSEQUENCES20
ASSOCIATED WITH THE IMPROPER DISPOSAL OF UNWANTED OR EXCESS21
PESTICIDE PRODUCTS OR RECYCLING OF PESTICIDE PRODUCT CONTAINERS22
BY PROVIDING AN OPPORTUNITY FOR LAWFUL DISPOSAL OR RECYCLING.23
(2) (a) B EGINNING IN STATE FISCAL YEAR 2026-27, THE BOARD24
SHALL IMPOSE A PESTICIDE PRODUCT DISPOSAL FEE FOR A PESTICIDE25
PRODUCT THAT IS DISPOSED OF THROUGH THE PROGRAM.26
(b) ON AND AFTER JANUARY 1, 2027, A COMMERCIAL APPLICATOR27
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OR PRIVATE APPLICATOR THAT DISPOSES OF A PESTICIDE PRODUCT1
THROUGH THE PROGRAM SHALL PAY A PESTICIDE PRODUCT DISPOSAL FEE2
IN AN AMOUNT DETERMINED BY THE BOARD TO THE DEPARTMENT, WHICH3
SHALL COLLECT THE PESTICIDE PRODUCT DISPOSAL FEE ON BEHALF OF THE4
ENTERPRISE.5
(c) T HE DEPARTMENT SHALL COLLECT A PESTICIDE PRODUCT6
DISPOSAL FEE FROM A COMMERCIAL APPLICATOR OR PRIVATE APPLICATOR7
ONLY IF THE APPLICATOR DISPOSES OF A PESTICIDE PRODUCT THROUGH8
THE PROGRAM. NOTHING IN THIS ARTICLE 10.5 REQUIRES A COMMERCIAL9
APPLICATOR OR PRIVATE APPLICATOR TO DISPOSE OF A PESTICIDE PRODUCT10
OR RECYCLE A PESTICIDE PRODUCT CONTAINER THROUGH THE PROGRAM.11
(3) (a) B EGINNING IN STATE FISCAL YEAR 2026-27, THE BOARD12
SHALL IMPOSE AN ANNUAL PESTICIDE REGISTRATION PRODUCT DISPOSAL13
AND CONTAINER RECYCLING FEE ON EACH APPLICANT THAT REGISTERS A14
PESTICIDE PRODUCT WITH THE COMMISSIONER FOR SALE OR DISTRIBUTION15
IN THE STATE.16
(b) O N AND AFTER JANUARY 1, 2027, AN APPLICANT THAT17
REGISTERS A PESTICIDE PRODUCT WITH THE COMMISSIONER FOR SALE OR18
DISTRIBUTION IN THE STATE SHALL PAY AN ANNUAL PESTICIDE19
REGISTRATION PRODUCT DISPOSAL AND CONTAINER RECYCLING FEE IN AN20
AMOUNT DETERMINED BY THE BOARD TO THE DEPARTMENT, WHICH SHALL21
COLLECT THE PESTICIDE REGISTRATION PRODUCT DISPOSAL AND22
CONTAINER RECYCLING FEE ON BEHALF OF THE ENTERPRISE.23
(4) (a) T HE STATE TREASURER SHALL CREDIT THE MONEY24
COLLECTED PURSUANT TO THIS SECTION TO THE FUND.25
(b) MONEY COLLECTED PURSUANT TO THIS SECTION AND CREDITED26
TO THE FUND PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION:27
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(I) IS COLLECTED FOR THE ENTERPRISE;1
(II) I S CUSTODIAL MONEY INTENDED FOR THE ENTERPRISE AND2
HELD TEMPORARILY BY THE DEPARTMENT AND THE STATE TREASURER3
SOLELY FOR THE PURPOSE OF TRANSFERRING THE MONEY TO THE FUND FOR4
USE BY THE ENTERPRISE; AND5
(III) BASED ON THE ENTERPRISE 'S STATUS AS AN ENTERPRISE , IS6
NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION7
AT ANY TIME DURING THE MONEY'S COLLECTION, TRANSFER, AND USE.8
35-10.5-106. Cash fund - creation - gifts, grants, or donations9
- repeal.10
(1) THE PESTICIDE PRODUCT DISPOSAL AND CONTAINER RECYCLING11
ENTERPRISE CASH FUND IS CREATED IN THE STATE TREASURY. THE FUND12
CONSISTS OF:13
(a) MONEY RECEIVED AS A PESTICIDE PRODUCT DISPOSAL FEE OR14
A PESTICIDE REGISTRATION PRODUCT DISPOSAL AND CONTAINER15
RECYCLING FEE PURSUANT TO SECTION 35-10.5-105;16
(b) A NY MONEY RECEIVED FROM THE ISSUANCE OF REVENUE17
BONDS, AS DESCRIBED IN SECTION 35-10.5-103 (3)(b);18
(c) ANY GIFTS, GRANTS, OR DONATIONS MADE TO THE ENTERPRISE19
FOR THE PURPOSES OF THIS SECTION; AND20
(d) A NY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY21
APPROPRIATE OR TRANSFER TO THE FUND.22
(2) (a) SECTION 24-77-108 DOES NOT APPLY TO THE ENTERPRISE23
BECAUSE THE TOTAL AMOUNT OF MONEY CREDITED OR APPROPRIATED TO24
THE FUND AS PESTICIDE PRODUCT DISPOSAL FEES AND PESTICIDE25
REGISTRATION PRODUCT DISPOSAL AND CONTAINER RECYCLING FEES DOES26
NOT EXCEED ONE HUNDRED MILLION DOLLARS IN THE FIRST FIVE YEARS OF27
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THE ENTERPRISE'S EXISTENCE.1
(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE SEPTEMBER 1,2
2031.3
(3) S UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL4
ASSEMBLY, MONEY CREDITED TO THE FUND MAY BE EXPENDED BY THE5
ENTERPRISE FOR THE PURPOSES SET FORTH IN THIS ARTICLE 10.5 AND TO6
PAY THE ENTERPRISE 'S REASONABLE AND NECESSARY ADMINISTRATIVE7
AND OPERATING EXPENSES . THE STATE TREASURER SHALL CREDIT ALL8
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF9
MONEY IN THE FUND TO THE FUND.10
(4) ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING11
IN THE FUND AT THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND12
AND IS NOT CREDITED OR TRANSFERRED TO THE GENERAL FUND.13
(5) T HE ENTERPRISE MAY SEEK , ACCEPT , AND EXPEND GIFTS ,14
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE15
PURPOSES OF THIS SECTION . THE STATE TREASURER SHALL CREDIT THE16
GIFTS, GRANTS, OR DONATIONS TO THE FUND.17
35-10.5-107. Reporting.18
(1) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), NO LATER19
THAN APRIL 1, 2028, AND NO LATER THAN EACH APRIL 1 THEREAFTER, THE20
ENTERPRISE SHALL REPORT TO THE AGRICULTURE, WATER, AND NATURAL21
RESOURCES COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE22
AGRICULTURE AND NATURAL RESOURCES COMMITTEE OF THE SENATE, OR23
ANY SUCCESSOR COMMITTEES , THE FOLLOWING INFORMATION FOR THE24
PRIOR CALENDAR YEAR:25
(a) T HE AMOUNT OF PESTICIDE PRODUCT DISPOSAL FEES26
COLLECTED BY THE DEPARTMENT ON BEHALF OF THE ENTERPRISE;27
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(b) THE AMOUNT OF PESTICIDE REGISTRATION PRODUCT DISPOSAL1
AND CONTAINER RECYCLING FEES COLLECTED BY THE DEPARTMENT ON2
BEHALF OF THE ENTERPRISE;3
(c) THE TOTAL REVENUE GENERATED ON BEHALF OF OR BY THE4
ENTERPRISE;5
(d) A DESCRIPTION OF THE LOCATIONS AND TIMES OF THE6
PESTICIDE PRODUCT DISPOSAL AND CONTAINER RECYCLING EVENTS FOR7
COMMERCIAL APPLICATORS AND PRIVATE APPLICATORS PURSUANT TO8
SECTION 35-10.5-105 (1)(a)(IV);9
(e) A SUMMARY OF THE AMOUNT AND TYPES OF PESTICIDE10
PRODUCTS THAT WERE DISPOSED OF OR PESTICIDE PRODUCT CONTAINERS11
THAT WERE RECYCLED THROUGH THE BUSINESS SERVICES DESCRIBED IN12
SECTION 35-10.5-105 (1)(a)(I) AND (1)(a)(II); AND13
(f) A DESCRIPTION OF THE OUTREACH AND EDUCATION ACTIVITIES14
CONDUCTED BY THE ENTERPRISE PURSUANT TO SECTION 35-10.5-10515
(1)(a)(III).16
SECTION 2. In Colorado Revised Statutes, 35-9-107, amend (2)17
as follows:18
35-9-107. Pesticide registration - application - fees - expiration19
- rules.20
(2) Each applicant shall pay, at the time the application is21
submitted:22
(a) An annual application fee in an amount to be determined by23
the commissioner; AND24
(b) ON AND AFTER JANUARY 1, 2027, A PESTICIDE REGISTRATION25
PRODUCT DISPOSAL AND CONTAINER RECYCLING FEE , AS DEFINED IN26
SECTION 35-10.5-102 (13).27
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SECTION 3. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly (August3
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a4
referendum petition is filed pursuant to section 1 (3) of article V of the5
state constitution against this act or an item, section, or part of this act6
within such period, then the act, item, section, or part will not take effect7
unless approved by the people at the general election to be held in8
November 2026 and, in such case, will take effect on the date of the9
official declaration of the vote thereon by the governor10
HB26-1111-17-