Environment

The act creates the pesticide product disposal and container recycling enterprise (enterprise) in the department of agriculture (department). The board of directors of the enterprise (board) 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 not identified as exempt from the program by the board (eligible pesticide products) and with coordinating the recycling of pesticide product containers (program). Along with providing these business services, the program must:Organize eligible pesticide product disposal 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 of eligible pesticide products and the recycling of their containers and the services provided by the program; andProvide certain business services to an applicant that registers an eligible 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 eligible pesticide product that is disposed of through the program; andA pesticide registration product disposal fee on each applicant, which fee must be no more than $50 per eligible pesticide product.     The fees are credited to the pesticide product disposal and container recycling enterprise cash fund (fund) for use by the enterprise to carry out the program. Money credited to the fund is continuously appropriated to the enterprise for the purposes set forth in the act.     Commencing in 2028, the enterprise must annually report to the legislative committees with jurisdiction over agricultural matters the following information for the previous 12 months: the amount of fees collected, the total revenue generated by the fees, the location and times of disposal events held, a summary of the amount and types of products disposed of, and a description of education and outreach activities conducted.     $19,875 is appropriated from the legal services cash fund to the department of law to provide legal services for the department in implementing the act. The appropriation is from revenue received from the department that is continuously appropriated to the department from the fund.(Note: This summary applies to this bill as enacted.)

The water quality control division (division) administers a program to test for and remediate water quality issues for mobile home parks (program). The program tests for water quality issues that pose a risk to not only health or safety but also the welfare of park residents. The act authorizes the division to require remediation of welfare-related water quality violations.     One of the requirements of the program is for the park owner to certify that the park owner has made certain water-quality-related notices to park residents. The act authorizes the division to issue an order requiring the park owner to comply with the park resident notice certification requirement.     Under the program, the park owner is prohibited from imposing the cost of compliance with certain remediation-related requirements on park residents. The act authorizes a park owner who is also a park resident to bear this cost.     The program authorizes the division to issue orders requiring the park owner to perform additional water testing, perform temporary measures necessary to address acute health risks, make additional reports to the division, create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan. The act clarifies that a park owner may ask for a hearing only regarding the orders that concern remediation plans.     The act also clarifies that:The division has authority to enforce the requirements of the program; andThe division has authority to issue cease-and-desist orders to address violations related to the program, regardless of whether the issues are related to water quality violations.     The act also provides that:An additional monthly penalty of up to $5,000 for a continuing violation may be imposed for the first 30 days of noncompliance; andA park owner is not entitled to an administrative hearing to contest an imposed civil penalty but may seek judicial review.(Note: This summary applies to this bill as enacted.)

Sunset Process - House Agriculture, Water, and Natural Resources Committee. The bill indefinitely continues the Colorado forest health council (council) until September 1, 2033. Before the repeal, the council will be given a sunset review. The bill also removes the 2 legislative members from the council.(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.)

When a catalytic converter mechanically fails or is stolen from a motor vehicle, current rules of the air quality control commission require the replacement to comply with the rules of the California air resources board. The bill creates a temporary exception (exception) that allows an individual to use a replacement catalytic converter that complies with the standards established by rules of the United States environmental protection agency if:In the case of the theft of a catalytic converter, the theft has been reported to a law enforcement agency; andThe owner or operator of the motor vehicle has made a reasonable effort to obtain the required replacement catalytic converter and has been unable to obtain the replacement catalytic converter.The exception is repealed, effective July 1, 2028.The bill prohibits a motor vehicle repair facility or any employee or contract laborer of the facility from repairing or replacing a catalytic converter that has failed or been stolen without first informing the customer about available state programs to replace an internal combustion vehicle with a zero-emission alternative.(Note: This summary applies to this bill as introduced.)

The act continues the compliance advisory panel to the air pollution control division in the department of public health and environment for 10 years, until September 1, 2036, pursuant to the provisions of the sunset law.(Note: This summary applies to this bill as enacted.)

The bill grants the energy and carbon management commission (commission) authority over class I, class IV, and class V injection wells and allows the commission to seek and adopt rules related to primacy from the United States environmental protection agency (EPA) for these classes of injection wells. The rules adopted by the commission may only be more stringent than corresponding federal requirements if certain findings are made at a public hearing. The commission may assess and collect fees related to the regulation of class I, class IV, and class V injection wells. A person that willfully violates a rule, permit, authorization, or order of the commission related to these classes of injection wells commits a misdemeanor and is subject to certain penalties. The executive director of the department of resources (executive director) is required to propose initial spending authority in the amount necessary to enforce rules for the permitting, authorization, and regulation of class I, class IV, and class V injection wells. The office of state planning and budgeting (OSPB) is also required to submit a proposal to eliminate or minimize the impact of associated fee revenue for the first state fiscal year that the fee revenue is assessed on the state fiscal year spending limitation in the state constitution.     The bill also grants the mined land reclamation board (board) authority over class III injection wells and allows the board to seek and adopt rules related to primacy from the EPA for class III injection wells. The board may assess and collect fees related to the regulation of class III injection wells. The rules adopted by the board may only be more stringent than corresponding federal requirements if certain findings are made at a public hearing. A person that violates a rule, permit, authorization, or order of the board related to class III injection wells or that operates a class III injection well without a permit from the board is subject to certain penalties. The bill also provides that a class III injection well is not eligible for an exemption from designated mining operation status, which status subjects the operator to certain rules adopted by the board. The executive director is required to propose initial spending authority in the amount necessary to enforce rules for the permitting, authorization, and regulation of class III injection wells. OSPB is also required to submit a proposal to eliminate or minimize the impact of associated fee revenue for the first state fiscal year that the fee revenue is assessed on the state fiscal year spending limitation in the state constitution.(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.)

The act requires the division of administration in the department of public health and environment (division), no later than July 2029, to propose a final rule (rule) establishing certain limits on the emission of nitrogen oxides and sulfur dioxide (emission limits) from an electric generating unit (unit) that is owned or operated by an electric utility; is located in the state; and emitted 200 tons or more of nitrogen oxides, or sulfur dioxide, or both in calendar year 2024 (covered unit). The rule must require compliance with the emission limits as soon as practicable after December 31, 2034, and must not cover units that, before December 31, 2029, have ceased operations; burn natural gas, fuel oil, or both only; or have certain systems installed. A unit that operates after December 31, 2034, must install certain pollution controls and comply with the emission limits on or before December 31, 2034.     An owner or operator of a unit is required to provide quarterly emission reports showing compliance with the rule to the division. On August 1, 2029, the air quality control commission in the department of public health and environment (AQCC) must submit to the general assembly a list of any units that are subject to a federal order. If there are any units subject to a federal order, the AQCC must also submit to the general assembly recommendations on whether to amend the requirements for units subject to federal order.     An investor-owned utility or wholesale electric cooperative that is the owner or operator of a unit is required, beginning 150 days after the issuance of a federal order requiring the unit to remain operating after the unit was scheduled to retire (order) and continuing every 90 days until the order is no longer in effect, to file a report with the public utilities commission (commission) that contains certain information about the costs to operate the unit and the amount of electricity generated by the unit. The commission must make these reports publicly available. An investor-owned utility is also permitted to submit an application for a financing order to recover the costs of complying with an order.     Any decision by the commission approving or modifying a portfolio in an electric resource plan of an investor-owned utility serving more than 500,000 customers must approve an amount of accredited capacity that allows the investor-owned utility to reliably achieve certain retirement and carbon dioxide emission reduction requirements. This requirement applies to an investor-owned utility serving more than 500,000 customers until the division determines that the investor-owned utility has achieved certain carbon dioxide emission reductions or until the investor-owned utility has retired all covered units, whichever is later.(Note: This summary applies to this bill as enacted.)

The bill prohibits a person from selling, distributing, applying, or using certain types of rodenticide and rodent glue traps in the state except as authorized for restricted and limited use in a public health emergency and in accordance with certain use requirements and time periods.     A person conducting professional rodent control services in the state is required to prioritize integrated pest management strategies, which involve implementing a combination of nonchemical rodent control measures. designates second-generation anticoagulant rodenticides, which are pesticides containing brodifacoum, bromadiolone, difenacoum, or difethialone as an active ingredient, as restricted-use pesticides and authorizes the commissioner of agriculture to restrict their distribution and use.(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.)

In 2023, the general assembly established water and energy efficiency standards for irrigation controllers and spray sprinkler bodies that are sold or leased in the state on and after January 1, 2026. The act repeals these standards.(Note: This summary applies to this bill as enacted.)

On and after January 1, 2029, the bill prohibits a person from selling, offering for sale, or otherwise distributing in the state field crop seeds coated or treated with systemic insecticide (coated or treated seeds), which is an insecticide designed to be absorbed by plants, unless the buyer presents at the point of sale a certificate authorizing the purchase of such seeds from a seed dealer and the use of such seeds on agricultural property.A person may apply to the commissioner of agriculture (commissioner) for approval to serve as a third-party verifier (approved third-party verifier) to determine whether a specified use of coated or treated seeds is necessary and appropriate. On and after January 1, 2029, a person that seeks to apply such coated or treated seeds on agricultural property must work with an approved third-party verifier to determine if such use is necessary and appropriate.The approved third-party verifier shall conduct a pest risk assessment and prepare a report on the assessment. If the approved third-party verifier determines that the use of coated or treated seeds is necessary and appropriate on the agricultural property, they may issue a certificate authorizing the use of coated or treated seeds on the agricultural property for a period up to one year.The commissioner shall adopt rules to implement a program ensuring that coated or treated seeds are used on agricultural property only when needed and expected to be effective and may enforce against an approved third-party verifier's or seed dealer's noncompliance with the requirements of the bill, including by suspending or revoking approval of the third-party verifier or the seed dealer's license or by assessing a fine in an amount not to exceed $50,000 per violation. Approved third-party verifiers and seed dealers must annually report to the commissioner, and the commissioner must include a summary of the reports and the implementation of the bill in the commissioner's annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation to the general assembly.(Note: This summary applies to this bill as introduced.)