Date: 01/18/2006
Final
Pesticide Applicators Act
HOUSE COMMITTEE ON AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
| Votes: View--> | Action Taken: |
| <none> | <none> |
10:40 AM - Sunset Hearing on the Pesticide Applicators Act
Brian Tobias, DORA policy analyst, described the regulation of pesticides and pesticide applicators by the Colorado Department of Agriculture. He explained that DORA recommends that the Pesticide Applicators Act be continued and proposed amendments to this law (Attachment C). Mr. Tobias also described the provisions of DORA's recommendation for draft legislation in LLS No. 06-0266.01 (Attachment D).
11:01 AM
Mr. Tobias explained that the DORA report recommends two amendments to the notification requirements for pesticide-sensitive persons. Recommendation Two would require pesticide applicators to notify individuals on the registry of pesticide-sensitive persons about pending application indoors. Recommendation Three would require notice to pesticide-sensitive persons when pesticide applications will be made to common areas abutting the property or unit of a pesticide sensitive person. Current law requires notification of such persons when an application will be done outdoors for lawns, trees, and other plants. Committee discussion followed about Recommendation Two and Three.
11:13 AM
Mr. Tobias explained that DORA recommends fines be credited to the General Fund and that the Commissioner of Agriculture be allowed to establish license renewal cycles administratively up to three years. He also identified provision of the draft bill that includes these recommendations. Discussion followed about DORA's recommendations concerning relicensing requirements, the reinstatement of expired licenses, and the administration of exams for obtaining a pesticide applicator license. It also discussed the Recommendation Eight that fines be credited to the General Fund.
The following persons testified on the continuation of the Pesticide Applicators Act:
11:22 AM -- Sheldon Jones, Colorado Department of Agriculture, spoke in support of DORA's recommendations to continue the program and proposed amendments to other recommendations. He also spoke in support of Amendment L. 001 to the draft bill (Attachment E).
11:35 AM -- Mitch Yergert, Colorado Department of Agriculture, responded to questions from the committee regarding Recommendation Seven concerning renewal cycles for pesticide applicator licenses.
11:40 AM -- Claud Oleyar, Colorado Wildlife Control Operators Association, expressed concern about unnecessary regulations that apply animal control devices that are not a public health threat (Attachment F). Committee discussion followed about whether DORA's Recommendation Four would address Mr. Oleyar's concern. In part, this recommendation would allow the Commissioner of Agriculture to determine which devices used by a pesticide applicator constitute a significant risk to public health or safety.
11:52 AM -- Richard Dyckstra, Colorado Pest Control Association, expressed concern about DORA's recommendation concerning notification of persons on the register of pesticide sensitive persons (Attachment G). He also described changes in pesticide application practices since he began his career that have improved public safety.
12:01 PM -- Gary Gillenwater, Colorado Pest Control Association, expressed concern about Recommendation Two concerning notice of pesticide sensitive persons when applications will be made inside structures.
12:03 PM -- Rita Berberian, representing herself, expressed concern about notification requirement for pending pesticide applications for persons that are not on the sensitive persons registry (Attachment H). She also expressed concern about the adequacy of notification requirements for persons on the pesticide sensitive registry in urban areas.
12:14 PM -- Mr. Jones returned to respond to a question from the committee regarding the ability of local governments to regulate pesticide applicators. He explained that the law preempts regulation of pesticide applicators by local governments.
12:20 PM -- Tom Tolkacz, Green Co., spoke in opposition to limiting the terms of members of the Pesticide Advisory Committee.
12:22 PM -- Angela Medbery, Colorado Pesticide Network, expressed concern about the long term risk from exposure to pesticide (Attachment I). She also spoke in support of expanding the program to include a public outreach program to ensure that citizens and workers are informed about the regulation of pesticides.
12:32 PM -- Kathleen Christensen, Citizen for Pesticide Reform, expressed support for continuing the Pesticide Applicators Act and she expressed concern about the risk of exposure of children to pesticide (Attachment J). She proposed a requirement that pesticide applicators notify schools and health care providers about pending pesticide applications.
12:40 PM
The meeting was adjourned. The sunset hearing will continue on Monday, January 23, for action only.
Donna Johnston, Colorado Rural Electric Association, submitted written testimony on the Pesticide Applicators Act (Attachment K).
Jill Sverdlove, representing herself, submitted written testimony (Attachment L).