BY REPRESENTATIVES Entz, George, Grossman, Nichol, Spradley, and Young;
also SENATOR Ament.
CONCERNING THE HANDLING OF SUBSTANCES USED IN AGRICULTURAL
PRODUCTION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 244103
(4), Colorado Revised Statutes, is amended BY THE ADDITION OF
A NEW PARAGRAPH to read:
244103. Rulemaking
procedure. (4) (a.5) ANY
STUDY OR OTHER DOCUMENTATION UTILIZED BY AN AGENCY AS THE BASIS
OF A PROPOSED RULE SHALL BE A PUBLIC DOCUMENT IN ACCORDANCE WITH
THE PROVISIONS OF PART 2 OF ARTICLE 72 OF THIS TITLE AND SHALL
BE OPEN FOR PUBLIC INSPECTION. ALL INFORMATION, INCLUDING, BUT
NOT LIMITED TO, RESEARCH, DATA, PUBLISHED PAPERS, AND DOCUMENTS,
USED BY THE AGENCY IN THE DEVELOPMENT OF A PROPOSED RULE SHALL
BE A PUBLIC DOCUMENT IN ACCORDANCE WITH THE PROVISIONS OF PART
2 OF ARTICLE 72 OF THIS TITLE AND SHALL BE OPEN FOR PUBLIC INSPECTION.
SECTION 2. 359118,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
359118. Powers and duties
of the commissioner. (2.5) (a) THE
COMMISSIONER SHALL EXPEDITE, TO THE EXTENT PRACTICABLE AND EFFICIENT,
THE PROCESSING OF APPLICATIONS FOR THE ISSUANCE OF A SPECIAL LOCAL
NEEDS REGISTRATION MADE PURSUANT TO SECTION 24 (c) OF THE "FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", AS AMENDED.
(b) NOTWITHSTANDING SECTION 359113(1)(b)(IV)(D),
THE COMMISSIONER SHALL NOT DENY REGISTRATION OF A PESTICIDE PRODUCT
PURSUANT TO THIS ARTICLE FOR WHICH A SPECIAL LOCAL NEEDS REGISTRATION
HAS BEEN ISSUED PURSUANT TO SECTION 24 (c) OF THE "FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", AS AMENDED,
FOR THE REASON THAT A CONTRACT BETWEEN A GROWER OR GROWER'S GROUP
AND A MANUFACTURER OR SELLER INCLUDES CONTRACTUAL PROVISIONS LIMITING
LIABILITY OF THE MANUFACTURER OR SELLER.
SECTION 3. Part
1 of article 20 of title 42, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
4220108.5. Materials used
for agricultural production exemption legislative
declaration. (1) THE GENERAL
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE FEDERAL
GOVERNMENT HAS EXTENDED FEDERAL HAZARDOUS MATERIALS RULES TO AGRICULTURAL
PRODUCERS IN 49 C.F.R. 173.5 IN A WAY THAT WOULD BE UNDULY BURDENSOME
TO AGRICULTURE WITHOUT CONTRIBUTING SIGNIFICANTLY TO PUBLIC SAFETY.
THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES
THAT THE FEDERAL RULES GIVE EXPLICIT AUTHORITY TO THE STATES TO
EXEMPT THEMSELVES FROM THE FEDERAL RULES, AND THAT THIS SECTION
IS INTENDED TO EXEMPT COLORADO AGRICULTURE FROM SUCH RULES. THE
GENERAL ASSEMBLY FURTHER FINDS, DETERMINES, AND DECLARES THAT
IT IS IMPERATIVELY NECESSARY FOR THE CHIEF TO ADOPT THE RULES
REQUIRED BY THIS SECTION IN TIME TO MEET THE DEADLINE IMPOSED
BY THE FEDERAL RULES.
(2) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) "AGRICULTURAL PRODUCT" MEANS
A HAZARDOUS MATERIAL, OTHER THAN HAZARDOUS WASTE, WHOSE END USE
DIRECTLY SUPPORTS THE PRODUCTION OF AN AGRICULTURAL COMMODITY
INCLUDING, BUT NOT LIMITED TO, A FERTILIZER, PESTICIDE, SOIL AMENDMENT,
OR FUEL. AN AGRICULTURAL PRODUCT IS LIMITED TO A MATERIAL IN
CLASS 3, 8, OR 9, DIVISION 2.1, 2.2, 5.1, OR 6.1, OR AN ORMD
MATERIAL AS SET FORTH IN 49 C.F.R. 172 AND 173.
(b) "FARMER" MEANS A PERSON
OR SUCH PERSON'S AGENT OR CONTRACTOR ENGAGED IN THE PRODUCTION
OR RAISING OF CROPS, POULTRY, OR LIVESTOCK.
(3) THE TRANSPORTATION OF AN AGRICULTURAL
PRODUCT OTHER THAN A CLASS 2 MATERIAL, AS SUCH TERM IS USED IN
49 C.F.R. 172 AND 173, OVER LOCAL ROADS BETWEEN FIELDS OF THE
SAME FARM, IS EXCEPTED FROM THE REQUIREMENTS OF THIS PART 1 WHEN
IT IS TRANSPORTED BY A FARMER WHO IS AN INTRASTATE PRIVATE MOTOR
CARRIER AND THE MOVEMENT OF THE AGRICULTURAL PRODUCT CONFORMS
TO RULES OF THE CHIEF, IN CONSULTATION WITH THE DEPARTMENT OF
AGRICULTURE REGARDING SUCH MOVEMENT. THE CHIEF SHALL, IN CONSULTATION
WITH THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE, PROMULGATE
RULES AND REGULATIONS PURSUANT TO SECTION 244103,
C.R.S., FOR THE INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS.
(4) THE TRANSPORTATION OF AN AGRICULTURAL
PRODUCT TO OR FROM A FARM, WITHIN ONE HUNDRED FIFTY MILES OF SUCH
FARM, IS EXCEPTED FROM THE EMERGENCY RESPONSE INFORMATION AND
TRAINING REQUIREMENTS IN SUBPARTS G AND H OF 49 C.F.R. 172, AND
THIS ARTICLE WHEN:
(a) IT IS TRANSPORTED BY A FARMER WHO
IS AN INTRASTATE PRIVATE MOTOR CARRIER;
(b) THE TOTAL AMOUNT OF AGRICULTURAL PRODUCT
BEING TRANSPORTED ON A SINGLE VEHICLE DOES NOT EXCEED:
(I) SEVEN THOUSAND THREE HUNDRED KILOGRAMS
OR SIXTEEN THOUSAND NINETYFOUR POUNDS OF AMMONIUM NITRATE
FERTILIZER PROPERLY CLASSED AS DIVISION 5.1.PG III IN A BULK PACKAGING;
OR
(II) ONE THOUSAND NINE HUNDRED LITERS
OR FIVE HUNDRED TWO GALLONS FOR LIQUIDS OR GASSES, OR TWO THOUSAND
THREE HUNDRED KILOGRAMS OR FIVE THOUSAND SEVENTY POUNDS FOR SOLIDS
OF ANY OTHER AGRICULTURAL PRODUCT;
(c) THE PACKAGING CONFORMS TO RULES ADOPTED BY THE CHIEF IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE. SUCH RULES SHALL BE ADOPTED BY SEPTEMBER 30, 1998. SUCH PRODUCTS ARE HEREBY AUTHORIZED FOR TRANSPORTATION.
(d) EACH PERSON HAVING ANY RESPONSIBILITY
FOR TRANSPORTING THE AGRICULTURAL PRODUCT FOR SHIPMENT PURSUANT
TO THIS SUBSECTION (4) IS INSTRUCTED IN THE APPLICABLE REQUIREMENTS
OF THIS SECTION.
(5) THE RULES AND REGULATIONS ADOPTED
BY THE CHIEF PURSUANT TO THIS SECTION SHALL BE NO MORE STRINGENT
THAN THE FEDERAL STATUTES OR REGULATIONS REQUIRE.
(6) ANY RULES AND REGULATIONS REQUIRED
TO BE ADOPTED BY THE CHIEF PURSUANT TO THIS SECTION SHALL BE PROMULGATED
NO LATER THAN SEPTEMBER 30, 1998. IF THE CHIEF FINDS THAT SUCH
RULES CANNOT BE PROMULGATED BY THAT DATE PURSUANT TO THE REGULAR
RULEMAKING PROCESS SET FORTH IN SECTION 244103,
C.R.S., THE CHIEF SHALL ADOPT TEMPORARY OR EMERGENCY RULES PURSUANT
TO SECTION 244103 (6).
(7) THE CHIEF SHALL SEND A COPY OF THE
NOTIFICATION OF PROPOSED RULEMAKING FOR RULES ADOPTED PURSUANT
TO THIS SECTION, INCLUDING TEMPORARY OR EMERGENCY RULEMAKING
SENT PURSUANT TO SECTION 244103 (3) (b), C.R.S., TO
THE OFFICE OF LEGISLATIVE LEGAL SERVICES.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO