Concerning the creation of a program for the end-of-life management of pesticide products, and, in connection therewith, creating the pesticide product disposal and container recycling enterprise to develop and administer the program and mak...
House Bill 26-1111 creates a new pesticide product disposal and container recycling enterprise within the Colorado Department of Agriculture to manage the end-of-life disposal of eligible pesticide products and the recycling of pesticide containers. The enterprise is governed by the State Agricultural Commission and is directed to run disposal events across the state, provide outreach and education to commercial applicators and private applicators, and offer related business services to pesticide registrants that sell or distribute eligible products in Colorado.
The bill establishes a fee-based funding structure. Beginning in the 2026-27 fiscal year, the enterprise must impose a pesticide product disposal fee on eligible pesticide products disposed of through the program and an annual pesticide registration product disposal fee on each applicant registering an eligible pesticide product in Colorado, capped at $50 per product and adjusted for inflation. Revenue is credited to a new enterprise cash fund, continuously appropriated to the enterprise, and excluded from state fiscal year spending limits and excess revenue calculations so long as the enterprise qualifies under Colorado’s enterprise rules. The bill also authorizes the enterprise to issue revenue bonds, contract for services, and report annually to legislative committees on fees collected, disposal events, and program activity.
In practical terms, the bill amends Colorado pesticide law to add a new article in Title 35 and to require pesticide registrants to pay the new disposal fee as part of the registration process beginning November 1, 2026. It also creates a dedicated legal-services appropriation for implementation. The measure is designed to shift the costs of safe disposal and container recycling to the users and registrants who benefit from the program, while creating a statewide infrastructure for lawful pesticide disposal that does not rely on household hazardous waste systems.
The overall sentiment reflected in the bill text is strongly supportive of the program’s public-health and environmental goals. The legislative findings emphasize risks from improper storage and disposal of pesticide products, the limited availability of disposal facilities, and the benefits of a predictable, convenient, and cost-effective disposal system. The bill also frames the program as consistent with product stewardship and sustainability goals in the pesticide industry.
The main point of contention embedded in the bill is fiscal and constitutional rather than policy opposition: the measure carefully characterizes the charges as fees, not taxes, to preserve enterprise status under Colorado’s Taxpayer’s Bill of Rights and to keep the revenue outside state spending limits. The bill also leaves important implementation details to the board, including which products are exempt and the exact fee amounts, which may be a future source of debate for applicators, pesticide manufacturers, distributors, and agricultural stakeholders.
The bill adds a new Article 10.5 to Title 35 of the Colorado Revised Statutes, creating the Pesticide Product Disposal and Container Recycling Enterprise and a corresponding enterprise cash fund. It also amends the pesticide registration statute in Title 35 to require an additional disposal-related fee beginning November 1, 2026. The enterprise’s revenues are continuously appropriated for program operations, and the act expressly states that the money is not state fiscal year spending or state revenue for TABOR purposes so long as enterprise status is maintained. The bill further appropriates funds for Department of Law legal services to support implementation.
The bill appears broadly favorable and environmentally motivated, with its findings emphasizing public health, environmental protection, and practical disposal access for applicators. The structure of the measure suggests support from agricultural and stewardship interests by making disposal more convenient and by spreading costs among product users and registrants. No vote record or committee transcript is provided, but the bill’s passage and enactment indicate it advanced successfully without documented recorded opposition in the supplied materials.
The most notable contention is the bill’s treatment of the new charges as fees rather than taxes, which is necessary to preserve enterprise status under Colorado constitutional law and avoid TABOR constraints. Another potential point of debate is who should bear the costs: commercial applicators, private applicators, and pesticide registrants are all assigned financial responsibility, which could draw concern from industry and agricultural users. The board is also given discretion to set fee amounts and exempt certain products, leaving implementation choices that could become controversial among manufacturers, distributors, applicators, and environmental stakeholders.