Colorado Farm Bureau Policy Briefs

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P M CoLormoo M Firm Bureau The Voice of Agriculture in Colorado fs February 5, 2006 00— Sunset Review of Commercial Pesticide Applicator's Act The current Commercial Pesticide Applicator's Act (PAA) sunsets on July 1, 2006. Because of this, the Colo- rado Department of Regulatory Agencies (DORA) and the Colorado Department of Agriculture (CDA) initiated an 18 month sunset review period of the program. The report, which was finalized last fall, is expected to be turned into a bill sponsored by Representative Diane Hoppe (R- Sterling). The legislation continues the PAA and makes amendments to the current act. Recently, the Colorado Rural Electric As- sociation (CREA) vocalized concerns regarding notifica- tion requirements of commercial applicators. They would like to delete the current agricultural exemption language regarding notification requirements. This would specifical- ly affect aerial applicators, who are responsible for approxi- mately 25 % -30% of agricultural pesticide application in the state. The rest of the application is done by private applica- tors, who are currently regulated under the EPA. CREA is concerned with employee safety and they have concerns about meter readers who may go into a field that has recent- ly been sprayed with pesticides to read an irrigation pump meter. Colorado Farm Bureau attended a meeting spon- sored by Representative Hoppe, DORA and CDA on Jan. 27 where representatives from CREA, the Highline Electric REA near Holyoke, aerial applicator associations and other interested stakeholders discussed pesticide safety concerns. This issue will also be discussed when the Private Pesticides Act is introduced later in this legislative session, that will give CDA primacy over private pesticide applicators, who are currently regulated by the EPA. Colorado Farm Bureau will follow both pesticide bills and will actively participate in the debate over notification. Biodiesel Mandate Passes Committee A bill requiring the Executive Director of the Depart- ment of Personnel and Administration to establish a policy by requiring all state -owned vehicles and equipment to use fuel blend of at least 20 percent biodiesel and 80 percent petroleum diesel passed out of the Senate Transportation Committee on Jan. 24. SB 16, sponsored by Senator Lewis Entz, (R- Hooper), was amended to stipulate that the bio- fuel must be produced in Colorado. Toll Road Bill Regarding Eminent Domain Passes out of Committee Legislation limiting the use of eminent domain to con- struct a private toll road was passed unanimously out of the Senate Transportation Committee on January 19. The bill prohibits a private corporation, formed for the purpose of constructing a private toll road or toll highway, from using the power of eminent domain to acquire rights of way for the toll road or toll highway. A compromise was struck between the proponents of the bill and Governor Owens, who vetoed a similar measure in 2005. SB 78, which is sponsored by Senator Tom Wiens (R- Castle Rock) and Representative Wes McKinley (D- Walsh), allows a private corporation to enter into an agreement with the Colorado Department of Transportation to enable the construction of such a toll road or toll highway. Colorado Farm Bureau opposes private toll roads in Colorado acquired through eminent domain. Rotational Crop Management Contract Bill Approved by House Ag Committee A bill regarding alternatives to the buy and dry -up of agricultural water, introduced by Representative Mary Hodge (D- Brighton), passed out of the House Ag Com- mittee on January 30. HB 1124, Adjudication of a Rota- tional Crop Management Contract, allows a water judge to approve a rotational crop management contract, to which an owner of irrigation water rights implements a change to add a new use by forgoing irrigation of a portion of the lands historically irrigated and rotates the lands that will not be irrigated on an annual basis as long as there is no injurious effect to other water rights. The bill allows for the temporary approval of such contracts while the contract is going through water court. Increased Authority to Protect Air Quality HB —1113 passed out of the House Health and Human Services committee unamended on Monday, January 30. The bill, sponsored by Representative McGihon (D- Denver), would allow state air quality regulations and implementation plans to be more stringent than federal law. The committee voted 7 — 6 down party lines to send the bill to the floor of the house for consideration by the committee of the whole. CFB, along with oil and gas interests, utilities and business groups, presented testimony in opposition to the bill.