March 30, 2026 · Agriculture, Water & Natural Resources · 20,351 words · 28 speakers · 222 segments
The House Agriculture, Water, and Natural Resources Committee will now come to order. Ms. Kelly, please call the roll.
Representatives Garcia-Sander.
Present.
Goldstein.
Here.
Johnson.
Here.
Lindsay.
Here.
Lukens.
Here.
Martinez.
Here.
Smith.
Here.
Stewart.
Here.
Story.
Excused.
Sucla.
Here.
Winter.
Here.
McCormick.
Here.
Madam Chair.
Here.
Okay, we have our bill sponsors in front of us. We will now hear House Bill 1338. Who would like to start? Representative McCormick.
Thank you, Madam Chair. Yes, this bill is our annual Colorado Water Conservation Board funding bill that comes through every year. That's what annual means. And I didn't get a lot of sleep last night. This is a really critical bill, though, for us as our job as legislators to bring this bill forward and pass it through, realizing that all of the funding that you see in this bill has zero impact to the general fund. This uses the CWCB cash funds. and most of these funds are available as the result of interest that has been earned on water project financing, so loans throughout the year, which is great. So we just keep that money flowing to projects and it flows back in with interest. And this really helps us fund our state investments in water and it helps us match funding from the federal government as well. It takes quite a bit of time to come up with the projects that are in this bill. It goes through an eight-month process that includes approval by the CWCB board, and this board represents each major water basin across the state, so the entire state is involved in these decisions. I hope you've looked at all the different sections in the bill. Each one kind of tells you a little bit about where that money goes. and really wanted to also point out that we are, there is a CWCB litigation fund that helps us stay in compliance with all of the compact water compacts that we have across the state. And we're making sure, especially in this time of water pressures across our state and across the West, that we're making sure that that fund is really healthy going forward. So I urge your aye vote on the bill. And we'll have about four or five different people coming forward that can speak to specifics. Thank you.
Representative Winter. M. Mel Winter. Thank you, Madam Chair, and thank you, members of the committee. I'm happy to co-prime this bill with Rep McCormick. This is probably the most important bills that DNR runs every year, And it has become increasingly important given the unprecedented need to advance our water security and drought resiliency efforts here in Colorado. This year's bill includes a total of $69 million in funding for important CWB programs and projects that include $37.7 million in water plan grant funding, $2.5 million for water forecasting, $1.4 million for water plan action items, and $5 million for wildfire ready watershed efforts. like I said one more time this is one of the most important things we do every year to protect our state's precious natural resource and support the
implementation of Colorado water plan God bless you and we ask for an aye vote on this year projects and we be open to any questions Thank you representatives Committee is there any questions from the committee Seeing none, we will move on to the witness phase. We have four people signed up, two in person, two in remote. So we'll just call everybody up all at once. We have Lauren Riz, Kirk Russell. Those should be in person. and then online Heather Dutton and Anthony Sandoval. Thank you. We can start with you, ma'am. If you'll state your name and who you represent, and you have three minutes.
Yes, thank you, Madam Chair. My name is Lauren Riss, and I'm the Director of the Colorado Water Conservation Board, and I have Kirk Russell, who is our Section Chief for our Finance Section at the CWCB as well, so we're sort of testifying together. The sponsors did such a fabulous job of outlining what this bill is. I want to emphasize that the funding for the projects in this bill are all cash funded Representative McCormick McCormick mentioned that the funding is from the interest earned on loans that we issue We issue for water projects around the state those become really the bread-and-butter source of funding for projects throughout the agency that are reflected in this bill The representatives mentioned a number of projects I did want to highlight that this also includes 37.7 million dollars in water plan grant funding That's the funding that comes from the tax revenue on sports betting We have two point five million dollars for water forecasting efforts, which will be particularly important this year We also have 1.4 million dollars for water plan actions that we've committed to implementing as the state And a couple of loan projects one of which is a hundred fifty one million dollars for the Halligan reservoir enlargement project Kirk and I are happy to take questions if there are any from the committee, but I think I'll leave it at that. Thank you.
And sir, if you'll state your name and who you represent, and you have three minutes.
Thank you, Madam Chair. Kirk Russell, I am the finance section chief, so I take great pride in our opportunity to loan the money that we have and our borrowers' ability to repay that because those interest earnings are what allows us to do what we do, and I'm happy to take any questions. Thank you.
Great. Thank you. We'll go up remote now, and Heather Dutton, if you will take yourself off mute, introduce yourself for the record, and you have three minutes.
Thank you, Madam Chair. My name is Heather Dutton. I manage the Sanlis Valley Water Conservancy District. I'm also testifying on behalf of the Colorado Water Congress. Both entities wholeheartedly support this legislation and encourage you to vote yes. You know, I started working in water in 2009, and since then I've heard over and over that we can't do it like we've always done it, And the last 20 years will not be what the next 20 years look like. And so many different ways of saying that we need innovation and we need to adapt to changing water supplies. The funding through the projects bill is exactly what helps us do that. The two big projects in there, those reservoir projects, as well as the funding for all the important projects. Namely, our district utilizes the Colorado water plan grant funding as well as the stream flow forecasting funding, which is critical for us to be able to measure and manage what limited supplies that we have. And so I would just encourage you guys to continue to support and I thank you for your continued support of funding for CWCB because this is where innovation and collaboration happens And this is how we as water managers will be able to make sure that we taking care of our water supplies really the state's most valuable resource for current as well as future generations. So thank you always for the opportunity to testify remotely. It means a lot for those of us that live outside of the Front Range to be able to participate. And so I always like to just thank you and share my appreciation for this technology.
So thank you so much. Thank you. And Anthony Sandoval, if you'll please unmute yourself. Introduce yourself, state who you're representing for the record, and you have three minutes.
Thank you. Good afternoon, Madam Chair and members of the committee. My name is Anthony Sandoval. I'm with the Special District Association of Colorado. We are in strong support of Health Bill 1338. This bill helps special districts plan and complete important water projects, such as pipelines, storage, and infrastructure that keep clean water flowing to our Colorado communities. It improves how districts work and ensures local tax dollars are used efficiently. We appreciate your consideration and ask for your full support on House Bill 1338. Thank you.
Great. Thank you. And thank you all for testifying. I will ask anyone in the room who hasn't testified who would like to testify or online. Seeing none, our witness portion is closed. Oh, sorry. My apologies. Committee, do you have any questions for the panel? No? Okay. Well, you guys did a great job, so thank you very much. And so the witness portion of the hearing is closed. and we will have the sponsors come back up. Representative McCormick.
No amendments.
Great. Committee, do we have any amendments for the bill sponsors? Seeing none, the amendment phase is closed. Wrap up. What committee does this go to? Oh, the proper motion is to appropriations.
Representative McCormick. Thank you, Madam Chair. I move House Bill 261338 to the Committee on Appropriations with a favorable recommendation, and I hope you all vote yes.
Second that. Any wrap-up? Great. Any comments from the committee? Okay. Seeing none, Ms. Kelly, will you call the roll?
Representatives Garcia-Sander.
Yes.
Goldstein.
Yep.
Johnson.
Yes.
Lindsay.
Yes.
Lukens.
Yes.
Martinez.
Yes.
Smith.
Yes.
Stewart.
Yes.
Story.
Yes.
Sucla.
Yes.
Winter.
Yes.
McCormick.
Yes.
Madam Chair.
Yes.
13-0.
13-0. That passes and will go to appropriations. Thank you very much. And thank you for everyone who came to testify. And we will take a brief moment while we switch chairs. All right. The next bill on our agenda is Senate Bill 26 I believe our bill sponsor is just now arriving So give her a few minutes to get settled All right. Looks like you're ready. Representative Velasco, tell us about your bill.
Thank you so much, Madam Chair and committee members. Representative Brown is also joining me in this bill, but he's in JBC trying to figure that out. So I'll be presenting this proposal for y'all. So Senate Bill 62 addresses one issue, ensuring that higher-risk second-generation anticoagulant rodenticides, or SGARs, are used in controlled and accountable ways. SGARs are already sold in quantities geared toward agriculture producers and pest control professionals. In 2008, the EPA evaluated stronger restrictions on S-GARs, but ultimately implemented packaging and consumer sales limitations as a compromise approach intended to reduce broad consumer access. However, it is well documented that consumers continue to access and use these products, including in ways that fall outside labeling restrictions. These products create exposure pathways to children, pets, and wildlife, even when used as directed, and those risks increase when they are misused, as reflected in documented exposure incidents. Following years of implementation and additional data, EPA has since recognized that packaging restrictions alone are not sufficient to address exposure risk and has proposed stronger measures, including further restrictions on access and use. This bill is consistent with that direction and uses Colorado's existing authority to align these products with other pesticides that already require training, licensing, and oversight. I want to be clear about how this bill arrived in its current form. Earlier versions were broader and more restrictive, and through extensive stakeholder engagement and collaboration with colleagues on the Senate Agriculture and Natural Resource Committee, the bill was significantly refined. What you see before you reflects that work. It represents a balanced approach that allows continued use of these products while reducing the likelihood of unintended exposure and misuse. That balance was intentional and shaped by those who understand both the risks and the operational realities. This is not a ban, and it does not eliminate access. Instead, it uses a familiar and established regulatory framework to ensure that use is tied to training, licensing, and accountability.
Okay.
In Senate 62, it's designed to be straightforward. Forward in its implementation, the bill classifies second-generation anticoagulant rodenticides as restricted-use pesticides under the authority of the Colorado Department of Agriculture. And in practice, that means that these products will be limited to use by licensed applicators who are trained, tested, and regulated under existing state systems. These are the same systems currently used for other restricted-use pesticides.
Hello. Thank you.
I also wanted to share, committee, some of the consumer reviews that are posted where these are sold. And I have a whole document that I can give you guys to pass around. But, This document compiles a sampling of publicly available consumer reviews related to two Bell Labs second-generation anticoagulant redenticides, or ESGARs, and it includes final blocks and contract blocks. And these reviews provide direct insight into how products intended for controlled, label-restricted use are applied in real-world settings. The customer reviews describe recurring patterns of use that appear inconsistent with label directions, including off-label target species, placement in burrows or open environments, use of improvised containment methods, and excessive baiting. While individual reviews are anecdotal, similar patterns appear across multiple users and platforms. so some of the the reviews that we have here it says the pest control guy recommended I get this stuff the green stuff doesn't work this stuff does and then we have another one that says we live on a farm and have for years had problems in our yard with mice gophers etc after trying poisons of many kinds traps beating with a shovel in desperation. I asked my tree harbors what I could use. His answer was that they had good luck with final blocks, and I immediately asked him to order me a pail. I put a pellet into each hole I could find open, and presto, the population was reduced. And this is an improper use of this product, as it's supposed to be only used within 100 feet of a structure without any improvised bait boxes and only for the species listed on the label. And then we have another review where this person said, the rats love this product so much they were chewing through the bucket in my shed to get to it. I put about 15 blocks in an open bucket in my shed and two days later the blocks were all gone, and so were the rats. They didn't finish all the blocks, as I found a couple of them scattered around my shed. And we have another one. I have been using final blocks for over a year now, and they work. When I see some dead animals, just feed them some final blocks. I have dead rabbits, mice rats and birds all over my property Well actually they don get the chance to go all over as they generally drop dead before taking more than just a few steps away from the poison The only possible weakness I have noted is final blocks is not waterproof, and it will soften and dissolve with water. And the last one I want to read. I think this probably worked fine, as long as rodents are eating it. Haven't seen the evidence of dying of dead mice, but it killed my chocolate lab. I placed the bait in the plastic housing boxes and locked with key, but my dog chewed through the boxes and got to them. My pest control guy was a bit surprised. He figured it would take 30 of these blocks to put a big dog down. I'm figuring maybe our 85-pound chocolate lab got five of them maybe. so please be careful with this around pets. So, you know, this product is being sold in 16-pound containers, so it's not supposed to be used by people to use in their home. You know, this is supposed to be used by a professional for people who do pest control. Yeah, so I'll let Representative Brown continue.
Thank you. Representative Brown, welcome to the Ag Committee.
Thank you very much, Madam Chair. I appreciate the, and I want to apologize for being late. We're trying to close the long bill on the other side of the street. I just want to say a few words. First of all, I want to thank my co-prime sponsor and for her help and leadership and for allowing me to join her in this fight. I think many of you know that I care very deeply about making sure that we have a safe environment for our kids, for our families, and for our animals, and to make sure that we have the appropriate level of regulations that allow us to control pest populations without putting the ecology and the environment at risk. And that's what I really think this is about. You know, in 2000, and I apologize, Madam Chair, if Representative Velasco has already covered this, but in 2022, roughly, the EPA recommended a certain level of restrictions on these particular second-generation anticoagulant rodenticides. and they proposed classifying them as a restricted-use pesticide. That's really what this bill does. It sort of implements the actions of the EPA that have yet to be finalized at the federal level. And there are good reasons for making sure that when something is as effective effective but also as toxic as these particular chemicals are, that the only people that can really use them are trained and licensed in the ways that they are. And, you know, we can certainly talk more about the ease at which it is to become, you know, someone who could apply these pesticides, but which I'd be happy to, we can go happy to go into. But to me, that really what this is about is about making sure that you know the weekend warriors like me don end up with a large amount of this pesticide that you know when mishandled because I don know what I doing could put pets or wildlife or kids or others at risk And there are hundreds of cases of these kinds of misuse of particular rodenticides that happen from year to year. So I also want to recognize that they have a legitimate use and that we are not trying to ban them here in this place. And many of the conversations that we've had, that I've had with many of you, is about concerns over appropriately controlling pests, and I appreciate that. So, you know, we're trying to strike the right balance. I think the Senate and the version that came out of the Senate was a compromise, obviously, between the industry, between those who use the pesticides and those who are concerned about the safety of them. And so that's what we're presenting here. So I really appreciate the opportunity to present the bill and to be on it with my co-prime.
Representative Velasco.
Thank you so much, Madam Chair.
I just wanted to give you a little more information around the license for applicators and the program that already exists. And we also have the Department of Ag here. If you have any questions about the current program, they are currently supporting the bill. So Colorado currently has 4,000 active private applicator license holders, along with licensed commercial and public applicators across the state. The low-cost licensing is available for agricultural producers, public employees, and small businesses who choose to do their own pest control. A private applicator license costs $75 every three years. The one-time in-person test is currently $41.50, and study materials are available at no cost through the CSU extension. Renewing a license requires continuing education credits that are widely available through CSU extension and typically costs between $60 and $120 and can be completed online or in person. So I would love for you all to ask questions of everyone that comes and testify and ask them to share, you know, what are those costs that they are perceiving would be impacting their industries. Yeah, but we are asking to lay over for action only at a later date, so we'll be hearing testimony today.
Thank you both. I do want to just start with a question, and certainly okay to defer. But as you were talking, I was thinking about the misuse of second-generation anticoagulants. those folks that are misusing and not reading labels and not using them as appropriate. And I realize these products are much more potent, much more effective in smaller doses. But this doesn't change the fact that there'll still be people out there misusing first-generation anticoagulants because we've seen that for years. And they also can harm small pets and humans So and I have a question about online purchases too because i know that what a lot of those reviews that you are reading and this is just a question beyond my scope how do we prevent online purchases from other states or travel to other states to buy the second generation products
Representative Brown. Thank you, Madam Chair. And there was a couple questions in there, so I apologize if I missed one. But I think that, you know, first of all, I think there have been steps in the first generation anticoagulant rodenticides. You know, the packaging with which they are presented is certainly protective. And while these second-generation rodenticides are not strictly marketed in the same way, they are available for anybody to use. And that's why it's important. Or sorry, they are available for anyone to obtain. And that is why I think it's really important that the people who are obtaining them and using them have appropriate training. And that's where we get into this question about restricted-use pesticides and why I think it is precisely because they are so much more potent and effective that we need to have an appropriate level of training in order to handle that. So that's why I think this is the appropriate balance that will allow for us to, you know, continue to use them in the appropriate settings, but make sure that those who are handling them have the appropriate training. There might have been another question in there. It was the Internet question. The Internet question, yeah.
Representative Velasco. Thank you, Madam Chair. And I also agree with you. In other states, we have seen the approach of just banning these type of products completely, like in California. And now if we have this regulation implemented, we will be at the par of a couple other states like South Carolina. so we want to make this harder to get to people who are not trained who don't know how to use this rodent side of this product and also when we make it harder to obtain as you said of course someone can go to another state and purchase and right now this product is available on Amazon on so anyone can get it. And I think that the deterrents that came from the EPA were around only selling that 16-pound lot. And so I think that there have been some efforts to try to make it harder for people to obtain. So this will be just one more step to try to train the people who are already doing the work, like, you know, the work of pest control and try to keep it out of the hands of regular people, you know, like a person that's just dealing with a mouse or with, you know, I think when we think about an infestation, you know, like that is very different than, oh, I have a mouse in my house. So thinking about, too, like, who are the people that need to be using this product and that's why we are not banning the product because we do believe that there that there's use for that, but we want to make sure that there's at least some guardrails to make sure that they're using it in a safe way.
AML Winter. Thank you, Madam Chair. I just want to start off, like I appreciate some of the letters that you read, but one of them, just before I ask my question, I'm just trying to level set, one of them said that they were eating this and taking a couple steps and dying. it's like off of a lethal dose it's four to 14 days to kill them so to claim that they're taking a bite and walking three steps and dying is not even in the realm of reality i just want to level set with that but what scares me is the ranching and farming community that we are is is i i understand what you're trying to do but you threw out a lot of numbers like it's going to cost 75 and then 45 and then 60 and then 120 and then a day off of work and then driving to wherever you have to take the test that don't work for rural Colorado. So my question is, and you talk about the professionals that do this, I would say the people in rural Colorado are professionals at this. They've been doing it for generations. So have you ever thought about making any type of carves out for the people that are already doing it and that know how to do it effectively? Because I agree with the chair. You've got the metroplex and then farmland borders the rest of the states you've got kansas new mexico utah wyoming and then you're just going to have neighbors saying hey we're driving to kansas you want us to bring back a trailer full of rodenticide um so i'm just figuring out a way i mean i that we might be able to look how to carve rural colorado because when you throw all those numbers out and then you try to take a rancher a farmer off of his rancher farm for a day or work you've just compounded a lot of money and his inputs are higher and higher for rural colorado that that's my main concern that's where i represent so have you thought about carving out rule in frontier counties representative Brown
yeah thank you and Emil winter I really appreciate I always appreciate talking with you and talking with you about about your community I recognize that it is very different than the community that I come from we we have farming in my community but I also recognize that it is a very different kind of farming I'm sure, than you are experiencing and that your community has. You know, I think what we are trying to do, to your point, is, you know, I don't think, you know, we are trying to strike the right balance between what is the right training and, you know, this restricted-use pesticide paradigm, I guess is the best way to say it, is something that has been tested and true, and there are lots of agricultural producers who are certified, licensed to be a pesticide applicator. And I think I'm using the wrong words, but I'm getting close, so hopefully you guys can give me a little bit of grace there. but I but I also I understand that folks are using this and so I think all we're asking is for a little bit of training and it's a training a level of training that many folks I think I'm sure even in your community already have so that's the idea
follow up AML Winter thank you so another question I have is have you thought since CSU has an extension office in every county have you thought about giving the training for free
to rule and frontier folks Representative Velasco Thank you Madam Chair I think that a great idea because the study materials are free from the CSU extension but I think that would be a great idea if they can do some courses for free. And maybe the testing as well because if they can test in their county, I think that that's also important to bring up because it does cost money to drive to different areas. Thank you.
Next up is Representative Johnson.
Thank you, Madam Chair, and I have two questions for the sponsors. You mentioned EPA a lot. I just wanted to level set that they did not choose at the national level to make ESGARs restricted use, not under eight years of Obama, not under four years of President Biden. I have strong connections with the Region 8 folks, having worked in Congress for five years, having been with them in different programs, ongoing conversations, and they have not made this a national restriction. So I'm just curious on when you keep mentioning EPA, do you have specific findings? Because with all my negotiations with them, all my talks with them, with working with them, I have not seen that come into any meeting.
Representative Brown. Thank you. Thank you, Madam Chair, and thank you, Representative Johnson, for the question. And I do think it is important to get the facts correct, so I appreciate that. They have not taken action. They have not made these pesticides, restricted-use pesticides, although they did propose it back in 2022. But I also think it is important to recognize that the APA has taken action over the last 20 years or so, and those actions have made a difference, and that the 2022 findings were supposed to be the next step in making these pesticides even safer. So their original actions go back to 2008 and that the 2008 to 2015 actions removed ESGARs from consumer-labeled retail products and restricted them to professional agricultural and structural uses. However, in practice, consumers still can obtain ESGARs through certain pathways, online realtors, some farm and feed supply stores. And so that creates sort of a gap between the regulatory intent and the real world access to these particular things. I think that is why in 2022, that is why they proposed an interim decision to reclassify ESGARs as a restricted use pesticide. Obviously, the politics at the national level have changed a bit. And so, you know, we believe that that would have been an appropriate step. And had they taken that step, obviously the bill that we are proposing today would not have been necessary. But given that they have not taken that step and we don't believe that the current federal administration will do that, we think that it is important to protect Coloradans in this way.
Representative Velasco, you want to add? Yeah, I also wanted to add that the license that ag producers get to be able to use any type of pesticides would cover them to use that rodenticide, which doesn't mean that they have to get another license, but they will be already covered if they already have their ag pesticide license. And this is a type of rodenticide that they would not be just spraying everywhere since it has to be limited to the species listed on the label. And it a second generation rodenticide So there other products that are easier to use depending on the issues that farmers have
President Johnson, you had a follow-up. I do. And I just want it on the record, too, because I know one of the sponsors mentioned this current administration not doing it, pointing out the administration of Obama and Biden also did not do it. So this is an ongoing multiple administration at the national level. My question, though, is you mentioned dangers from the product due to exposures. However, we have a memo from Rocky Mountain Poison Control Center stating that the information being distributed about the dangers of eschars is being misrepresented, that the exposure data doesn't equate to negative impacts. In fact, with almost 3,000 exposures reported in 2024, only three were judged to have major negative impacts, but there were no deaths. So my question is where you're getting your data or where you're looking at statistics.
Representative Brown. Thank you. Yeah, I mean, I think major negative impacts, I'm sure, is very much in the eyes of the person. I'm sure if you're a loved one taking your loved one to an emergency room because they have been exposed, or if you are taking your pet to the vet, even if you are able to, you know, intervene in time, I would hesitate to say that there would be no negative impacts. Even if a person makes a full recovery, obviously an ER visit is not cheap, and neither is an emergency vet bill. So I think that leaves a little bit up for debate, but I certainly appreciate your commitment to be accurate and make sure that we are not misrepresenting data.
Representative Velasco. Thank you, Madam Chair. Thank you, Representative Johnson. And I just wanted to share some of the information that we have is coming from America's Poison Center that indicates that children five years old and younger account for 75 percent of approximately 3,100 annual human exposures to escars reported from 2019 to 2023. And that is part of the legislative declaration on the bill.
One more follow up, Representative Johnson. Really quick, because I know when we get to emotion bases, following up, wanting to know the data that you have. I've had dogs. You all know I baby my dog who's been exposed and completely fine after. Went to the vet, handled everything, no adverse effects after. But again, we're all looking at emotions. I just didn't know if you had hard facts, not ledge decks, not anything but the statistics in real quotation time and not misrepresented.
Representative Brown. Yeah, thank you very much. You know, I certainly appreciate that. I have some information about exposures actually from specific types of ESGARs broken down by, I have a wonderful policy fellow who works in my office. She's an amazing study and researcher, and she's put together a whole bunch of information about human exposure incidents. I will spare you that. I'm happy to follow up with you afterwards. But it is hundreds of human exposure incidents, you know, from 2010 to 2015, and then it is also hundreds of exposure incidents from 2015 to 2019. so you know we and I can get to the exact statistics if you like but I save the committee the lengthy answer
Representative Garcia Sander. Thank you, Madam Chair. I'm deathly afraid of getting hantavirus. Like it's one of those things just I think since I heard about it when I was a 10 or 12, every time I walk by a bar and it's like I was wearing masks way before masks were cool. I also am really, really concerned about young children being exposed to mouse urine. We've known for a while that that increases the cause of asthma and respiratory illness in children and older adults. I was reading CDC's report at the end of 2021, 850 cases of hantavirus disease were reported in the U.S. since surveillance began in 1993 with a fatality rate of 35% for identified cases. and a lot of times when we're thinking about hantavirus where it's most common are those rural areas and I remember when when these stories were really coming out in the early 90s a lot in northern New Mexico southern Colorado four corners region and there was you know really interesting scientific reports that came out of that but I'm also thinking about the people that that affects. And it is our farmers and ag people. But also, you know, we have people that live on reservations in small communities. And I am curious whether you think this is going to create an equity issue. There's going to be two classes of people, the people that can afford private pest control and that live in areas that have pest control services, and then those that can't afford it and they live in rural areas. So I'm worried about that and I'm curious if your bill addresses that potential for inequity in addressing this. Representative Velasco.
Thank you so much, Madam Chair, and thank you so much, Representative Garcia Sanders. And I think that the point that you brought forward is definitely valid. We definitely want to get rid of pests and we don't want people to be around pests. And I think that this point around equity is a very strange one for me. We know that in the law, it says that if there's a pest in somebody's home and that's been rented, that the landlord has the responsibility of taking care of that pest before even charging rent from the tenant. So I would say that many of our marginalized communities are already living in areas with worst air quality, worst water quality, And now they're being exposed to toxic chemicals. And, you know, one example that was brought forward was what about a single mom that has a mouse at home and, you know, she's not going to buy 16 pounds of rodenticide. She's going to maybe get a trap and take care of it herself. And if it's a pest, then that's when you call a professional. So a professional should already have a license. So we don't believe that this is an equity issue.
Representative Brown. Yeah, thank you, Madam Chair. And I'll just add that regardless of whether our bill passes, there will be a number of pesticides, or sorry, rodenticides that will still be available, including the first-generation rodenticides that are available on the market and that are easy to find in your local Safeway or Walgreens or wherever. So I don't think that we are really restricting or making it difficult for, you know, your everyday consumer. But what I think we are making sure is that, again, the weekend warriors who get a hold of a much more toxic pesticide or rodenticide doesn't use it inadvertently in the wrong way, and then there is a bad outcome.
Representative Story. Thank you, Madam Chair, and thanks to the sponsors for working on this policy. I appreciate it. Talking about restricted use, and you mentioned, and it's in the bill, about the licensing and the training, and I forgot what the 4150 was for. I jotted it down, testing to be able to utilize it. So in the real world, how does this carry out to ensure that before it's sold that the buyer has, you know, managed and taken on this process of getting licensed and going through the testing and all of that? I'm just curious if we know that.
Representative Brown. Thank you. My understanding, and this is from a bill that I did a couple years ago, is that restricted-use pesticides are sold through specific retailers and that they need to be purchased through those retailers. And that only people who have licenses can purchase in those retailers. And someone may know that better. And we have people following us from ag, but that is sort of my understanding at this point.
One quick follow-up. Go right ahead, Representative Story. Thank you, Madam Chair. So if this bill passes, when this bill passes, and the effective date and all of that, it would end being available on Amazon or in your local Target or your local hardware store or whatever, where you'd have, like you were saying, specific retailers that would also be licensed to be able to sell it, I presume.
Representative Brown. I mean, my understanding is that if someone were selling it and they were not one of these designated retailers and they were not selling it specifically to licensed people, again, the department can clarify, but my understanding is that that would be a violation of the law.
Yes. Thank you.
Just to clarify, it's already, through the EPA, already restricted access by where you can buy it. You can't go to Ace Hardware or Home Depot. It has to be through specific, like, farm and ranch type stores. So that restriction has already occurred, which is my understanding. You can't go get it at regular retail stores. Is that correct?
Madam Chair, yes. Representative Brown? I believe that is correct. I think the additional layer here is that the people then who would be able to use it and buy it would have appropriate training and licensure at this point.
Any other questions from committee for our bill sponsors All right Seeing none bill sponsors do you have a preference on your witness list Okay. Okay. We will start with folks that have signed up in support of the bill, and I'll call four people to come forward. Mr. Mark Searles, Lauren McCain, Jordan Beasley, and Lisa Didion. If you're in the room, come on forward. Lauren's online. I might get one more person up at the table then that might be here in person. Is Deborah Taylor here in person? Come on forward since we have an open chair. That would be great. All right. I'll start from my right to my left. If you can introduce yourself, tell us who you represent, and you'll have three minutes. All right. Thank you, Madam Chair and committee members.
I'm Mark Searles with Project Coyote, and I respectfully ask for your support of SB62. ESGARs carry elevated risk that should only be used, and should only be used by those with at least base level training. When a product or activity has a higher potential for harm, we regulate it. Anyone seeking to fill their freezer with a prized Colorado elk must first take a hunter safety course. Every forklift operator at a local home improvement store has gone through ocean-certified training. Need antibiotics? You must go to a healthcare professional to obtain them. Like antibiotics, eschars face efficacy issues when they are overused. Many species, whether found in a city or on the 30 million acres of Colorado land used to produce our food and that provides important habitat for so much of Colorado's diverse wildlife, suffer from eschars. In the EPA's own analysis, eschar use is associated with jeopardy findings for two species listed that occur in Colorado. Beyond them, an untold number of Colorado's wildlife are also exposed to these toxins. Are these species populations at risk from exposure? Unlikely, but I'd like for you to think about it this way. If your beloved dog ate rat poison, what would you think if your vet said, well, I'm not going to do anything. After all, there are thousands of golden retrievers. Your dog dying isn't going to hurt their viability. We would never accept that answer and reclassifying ESGARs can reduce these types of unintended exposures whether to threatened or common wildlife or to our pets and our children with minimal hurdles for those seeking to use them responsibly Thank you, and I welcome any questions.
Thank you for your testimony. Mr. Beasley, you're up next.
All right. Thank you, Madam Chair, and good afternoon, almost evening, committee members. My name is Jordan Beasley. I'm the Deputy Commissioner of External Affairs at the Colorado Department of Agriculture. First, I want to thank the bill sponsors and the proponents for working with the department and other stakeholders on amendments that were made in the Senate. Rodent control is necessary for many reasons, as has been discussed, but including reducing the spread of diseases to and from humans, livestock, pet animals, wildlife. Ensuring that rodent control tools are available when needed is vital to controlling the spread of those diseases. Just as controlling rodent populations is critical, so is doing so in a way that minimizes this potential harm from rodenticides to non-targeted species, which happen to be those same ones we're trying to protect from disease with rodent control in the first place. This bill would restrict the sale and use of second-generation anticoagulant rodenticides to licensed applicators, ensuring they are used by someone with specialized knowledge and that regulatory oversight is in place to ensure they are used in accordance with their labels. Without the requirement for a license to use these, the department has very limited tools to ensure that they are being used properly and according to their label by unlicensed parties. The department's position is that while SCARs do play a role in rodent control, they should be used in limited circumstances by trained professionals, thus ensuring an appropriate balance between the benefits and the potential harms that can arise from their use and misuse. We've heard concerns about the additional burdens that this may place on certain parties, such as ag producers, rural schools, and others. The amendments in the Senate work to reduce these burdens as much as possible while still providing protections. We believe that the Senate compromise strikes the right balance of increased protections while minimizing impacts. We're more than willing to continue to engage with any party to find additional ways to reduce the impact while further while maintaining the appropriate protections. Again, I want to thank the sponsors and all the stakeholders that have been involved in the discussions on this bill, and I urge your support. Thank you.
Thank you for your testimony. You're up next. Go ahead and introduce yourself. You have three minutes.
Hello. Thank you, Madam Chair. Thank you, members of the committee. My name is Lisa Didion. I was a former animal services officer here in Colorado, and I have responded to numerous calls involving sick, suffering, and dying animals, where the poisons being used are causing slow, painful deaths, not only for the animals that they were intended to kill, but also for the ones that they are not. I was not authorized to humanely euthanize wildlife, which meant that I often had to witness prolonged suffering without the ability to intervene. These animals were weak, disoriented, unable to move, and struggled to breathe. And we all know that these are symptoms of the anticoagulants. And we are unintentionally killing the animals that play a critical role in naturally controlling rodent populations. And we must take responsibility for that. Approaches such as proper sanitation, sealing entry points, habitat modification, address the source of the problem without putting our communities, pets, and wildlife at risk. We have the responsibility not just to our own communities, but to the environment that we share and the animals that we coexist with. We need to do better, and the passage of this bill will ensure the appropriate sales and use of rodenticides in a way that will mitigate its harms. I urge you to vote yes on this bill and I thank you for the opportunity to testify today Thank you for your testimony And when you ready there a tiny little gray button next to the plug And go ahead
There you go. Give us your name, and you'll have three minutes.
Hi. Thank you. My name is Deborah Taylor. I'm a community cat volunteer in Denver. I've been one for about 15 years. And I'm also a former homeowner in Taylor County. But first of all, as a community cat volunteer, I've had to beg at my area and not spend any more time. And we started off with well over 100 cats some years ago, bound to ten cats. Taking care of a feral cat colony requires setting the traps, getting them mixed, and being manipulated, and making sure that they are fed. If you ever get them to where we can pet them, we can take them to a shelter. Picking up dead animals is difficult, and I've done that several times. I think it boxes into gold to determine how it built. As for taking care of problems like mice up in the mountains, I moved into an 1800s work with a cabin at 8,700 feet and had mice. they had rat poisons in the fall space. They had rat poisons from the other areas and I collected all of those to be exposed of.
Hang on one second. We're going to let you use the other mic next to you. Let's just put that one, yeah, go ahead and turn that one off and we'll put it to the side. We need that one repaired. Is this better? Yeah, you can keep going.
So anyway, I had a mouse problem myself. I also was well read up on diseases carried by mice as I volunteered for many years in a medical library. And so I was also concerned about that. But having picked up dead animals in alleys, I was more concerned about my dog or my cat up in the property getting access to an animal that had been poisoned. And so I'm pulling from an area about the National Pesticide Company, and it says secondary poisons does not cause instant death because eschars are designed to take days to kill the rodent. But they also end up do killing the next second generation, the predators, the hawks, the owls, the foxes. and they accumulate high levels of poison in their system. And so I just wanted to say that the agony that these animals go through in dying is extremely cruel, and it just makes – thank you.
Thank you for your testimony. We'll go online to Lauren McCain. When you're ready, go ahead and unmute your mic, and you'll have three minutes.
Good afternoon, Chair McCormick and members of the committee. My name is Laura I'm McCain, and I'm a senior policy advisor with the Animal Welfare Institute. I'm here representing our members in Colorado. I am also a Colorado resident myself. We support SB62. SB62 is a crucial step for Colorado to address the inhumaneness of second-generation anticoagulant poisons, or ESGARs. The bill will help mitigate the risk of eschars present to humans, pets, and non-target wildlife because it will ensure that these chemicals are used properly. Because it can take several days for rodents to die due to lag time between ingestion of eschars and death, rodents often eat multiple doses, allowing for super-lethal concentration of the rodenticide to accumulate in their bodies, and thus in any non-target predator who consumes that rodent as well, such as a raptor. Eschars have been found in bald and golden eagles, red-tailed hawks, vultures, barred owls, eastern screech owls, greyhorned owls, burrowing owls. Several Colorado imperiled bird species of greatest conservation need are at risk, including burrowing owls, paracan falcons, and American kestrels. Death from escars can be painful and prolonged. Symptoms of ingestion largely involve bleeding, which can manifest as internal bleeding, bruising, or hematoma, while weakness, shock, and immobility can also occur. Chronic exposure to escars can cause osteoporosis in birds and higher frequency of bone fractures. Birds that experience sublethal symptoms from secondary poisoning are more vulnerable to vehicle strikes, predation, problems reproducing and caring for their young, and some other symptoms. Mitigating the risk of eschar poisoning to raptors is important because these birds provide important ecosystem services valuable to people. They reduce exposure to diseases such as anthrax, rabies, and botulism by eating carcasses. When a viable population levels, they can control rodents and reduce the need for chemical rodenticides in the first place. We therefore respectfully request that you vote in favor of this legislation, and I thank you very much.
Thank you for your testimony. Committee, what questions do we have for this panel?
Representative Story. Thank you, Madam Chair. for Jordan Beasley, I think. So I appreciate that Department of Ag is supporting this policy. And then I have just two associated questions. So if those who already have an applicator license, then they don't have to get additional licensing. This would be part of that. And then for those who may not be licensed, what rodenticides are? Well, I don't need to know specifically, but are there other rodenticides available without having a license that are, I don't know, better in a different way, I guess?
Mr. Beasley. Yes, thank you, Madam Chair, and thank you for that question. So, yes, typically, especially with the private applicator license, which is that license that our agricultural community holds in the state, that would cover the use of these. And then kind of to your second question, yes, there are other options available to consumers as has been discussed. There the first generation anticoagulants and others that are available kind of through you know your hardware store or your local supermarket things like that Thank you Representative Johnson Thank you Madam Chair
This could be by anyone, but I'm going to address it to CDA Beasley. Can you please provide us with a clear definition of what qualifies as exposure?
Because in my understanding, that could mean someone just lightly touching it, in which case every ag child has been lightly brushed and exposed. So is there a legal definition of what exposure means? Mr. Beasley? Thank you, Madam Chair. Thank you for that question. I'm not aware of a specific legal definition of exposure and kind of who's using that definition. When we're looking at our statutes, usually, again, we're looking at whether or not it was used in accordance with the label and those requirements.
Representative Johnson. Thank you, Madam Chair. So to follow up with that, because there is no set definition, so we really don't know who's been exposed or not based on severity, when looking at the label and you happen to, you know, have some brush because of wind, it touching your hand with the label, would that be exposure then for what the department looks at?
Mr. Beasley. Thank you, Madam Chair. Thank you for that question. Again, I think you'd have to look at the specific circumstance and the specific that you're talking about and what is actually on that label. So without knowing the specifics and looking at the label and reviewing that, I couldn't tell you specifically whether or not, you know, brushing up against something or putting somebody in a situation to brush up against it might constitute a violation of that specific label.
I have a question regarding the private applicator license that you mentioned. Do you happen to know how many active licenses there are, and are these just for agricultural users, or is a private license also available to an apartment complex user, a landlord, or restaurants? Who all can get a private applicator license, and how many are there? Mr. Beasley.
Thank you, Madam Chair, for that question. So currently we have 3,964 private applicators licensed in the state with a total licensee pool of 9,106. So the private pesticide applicator license, again, is the one that's typically for agricultural operations, and that's the one that's used. Depending on the specific circumstance and how the pesticides are used, you would need potentially other different license types to be able to use those in other commercial settings or in other public settings as well.
We'll follow up. What would those other steps be if someone has like a whole bunch of apartment complexes and they want to keep using this product? If they can't be eligible for a private applicator license, what would be their alternative?
Mr. Beasley. Thank you, Madam Chair. I'll do my best to answer this. Again, I'm not the licensing specialist for the department, but I'll do my best and others that might have experience with that may be able to answer as well. But again, there's different type of licenses. And so in that example that you said where there might be, you know, a company that has multiple apartments and they have multiple managers for each of those apartments, one way to potentially do that is with a qualified supervisor license for the overall company and then potentially having other licensees or technicians under them that could then utilize those So it really just depends on the specific circumstance and the need for that specific party.
Representative Sucla. Thank you, Madam Chair. So this is for Mr. Beasley. I'm trying to look at the physical note here. Where does the revenue from the licensed applicators and the different – where do the fees go to?
Mr. Beasley. Thank you, Madam Chair. So the fees paid by our licensees go to operate the program and run the licensing side of things, as well as kind of the investigations and enforcement side.
Representative Sucla. Thank you, Madam Chair. So this is for the lady on the, I'm sorry, ma'am, I don't remember your name, but did you, do you still own the cabin and how did you get rid of the mice?
Ms. Taylor? No, we just sold it a year ago last summer. And how we got rid of the mice was pretty good. And I sold that idea to many of my neighbors. We ordered three different kinds of those electronic mice things, which all put out a different ultrasonic level. They're marketed this one does this level, this one. So we had three different kinds of those. And in the crawl space, I refreshed with oil of peppermint and a few other things in heavy doses of cotton balls throughout that. Put that also around the furnace and the water heater pipe areas. And even better than that, a friend of mine who has 10 acres south of Colorado Springs, and they had a lot of mice, they took a big water bucket and put a couple of different ramps on them where they extend out to a bait and then they drop into the water and drown. So there's ways to cut the mice. And I did take the idea from my sister who has a ranch in South Dakota, and she also didn't want any poisons out because she had barn cats. So between her barn cats and scents was one thing, but she also bought those electronic sensors and put them into her house. so not the same kind you know you have to have multiple kinds and they have to be at floor levels so it's quite interesting but it did cut that a lot
representative story thank you Madam Chair just going back to the question about exposures to ESCARS and I don't know who this is best for so whoever steps up. But in the ledge deck, it mentions statistics from America's poison centers, all in caps, indicating that it's a real entity, indicate that children five years old and younger account for 75% of the approximately 3,100 annual human exposures to escars. I presume because it's America's poison centers that is referencing those numbers, meaning 2,325 five-year-olds and younger is 75 of the approximately 3 Those annual human exposures don have anything to do with just getting a whiff of wind or just barely brushing by and touching some. It must be more significant if it's America's poison centers that are recording those contacts. And what might that look like? Just curious.
Mr. Serral. Thank you, Representative Story. Right. If your child on the farm is brushed by a rodenticide and the child doesn't leave the farm, why would there be any kind of record of that? They have to be found by someone. So those records are typically from admission to a hospital or in consultation with a health care professional as well. And then America's Poison Center does follow up with all of the more severe cases to see what the outcome was, unlike ASPCA data is what we have for pet poisonings, but that's upon a call to ASPCA and they don't do any follow-up. So also within the EPA's recommendations that came out in 2022, they recommended that personal protective equipment was used whenever handling these rodenticides. So they do acknowledge that it's not just the training, but also the equipment needed to handle them appropriately. Thank you.
All right. Thank you. That's all the time we allotted for this panel. Thank you all for your participation today. We appreciate you showing up to testify. I will call forward a panel of folks that have signed up against the bill. If you're in the room, please come forward. Mr. Andrew Hamrick, Jessica Nelson, Teresa Conley, Rachel Lee. I had all those people. Oh, and also Katie Swift online. I think that's four people in person. Great. All right. I'll actually start with Katie Swift online. If you're ready, go ahead and unmute your microphone and you'll have three minutes when you're ready.
Thank you. Can you hear me OK? We can. All right. Good afternoon, Chair McCormick, Vice Chair Morrow, and committee members. I'm Katie Swift, Rodenticide Task Force Chair, testifying in opposition. Our members have decades of experience working with rodenticides. My experience dates to the mid-1990s and spans all of the modern era of EPA's decisions regarding the ESGARs. I have a master's in zoology from the University of Hawaii and then worked for the U.S. Fish and Wildlife Service for nearly two decades, much of it coordinating with EPA on the use of ARs within island ecosystems, including writing a comprehensive risk assessment, calculating the risks to wildlife and people. I'm providing information on why EPA has repeatedly decided against making the ESGARs restricted use in their evaluations dating back to the 1990s through the present. EPA, in its decisions, is required by law to, quote, take into account the economic, social, and environmental costs and benefits of the use of any pesticide, unquote. This process is thorough, using the best information available, which takes considerable time and numerous people with specific expertise to compile and analyze. EPA has a dedicated team of career scientists, statisticians, and economists who have worked on these evaluations for years, spanning different presidential administrations. First, federal regulations require that a pesticide must meet specific criteria to be classified as restricted use. This includes specific toxicological studies that establish the hazard level on the labels and verified statistical data that identify trends in non-target exposure incident data. While anecdotes are compelling, they are not verified and do not provide details in order to assess trends in the data, such as the source of the application, whether it was a misuse, and what the effects of the exposure were. EPA is required to use the best data available to evaluate whether a pesticide meets all of these criteria. The ESGARs do not. I briefly want to address the statement about EPA's initial requirement of adding new PPE requirements to the labels in 2022. EPA has subsequently acknowledged that they made an error in requiring PPE based on a misreading of the toxicological data, and the PPE will no longer be a new requirement on those labels. Second, going to the unique benefits that ESGARS provide, EPA understands this and has taken that into consideration from the thousands of detailed comments they received in 2023.
Ms. Swift, I'll have you hold for questions. Okay, thank you. Yeah, so stay tuned for questions. I'll start from my right to my left. When you're ready, go ahead. Oh, your mic is already on, so give us your name, and you'll have three minutes.
Thank you. My name is Andrew Hamrick. I'm general counsel to the Colorado Apartment Association, which is a trade organization of rental housing providers. Our members operate approximately 400,000 units in the state of Colorado, housing approximately 900,000 people. I've come down to explain our opposition to the bill, both as it was originally proposed as an outright ban on these chemicals. and now what it's morphed into as a semi-ban by requiring that we use third-party professionals to administer them. Absolutely agree that poison policy must be balanced. The lethality of poison is a weighty question, but we've got to do it with rigorous scientific information and cost-benefit analysis in the same way that the EPA has done. Now there are some things about rodent problems that are unique to my industry Let me first go over the ones that are unique to the multifamily industry The greater concentration of people creates a greater food source for the rodents The presence of a rodent impacts more people, and the people share walls, ceilings, and floors, which allow rodents to go back and forth between domiciles. There are some things that are unique to the rental transaction that make this a bigger problem for us than you might imagine. One, there are two different parties battling the problem and they have to coordinate their efforts. Two, while the housing provider can insist on compliance with the rules like not having a filthy apartment that tracks rodents or reporting leaks, the process to do something about a behavioral violation is a four-month eviction process, which is not relevant to the timeframes needed for rodent control. Most importantly, and this is the big one, rental housing providers have a statutory duty under the state's warranty of habitability to provide a rodent-free environment and do so within 24 hours of being notified of the problem. Many of you that have been around for a few years voted for that exact obligation. You cannot make that requirement of Colorado Housing Providers and not give them full access to the tools that all other Americans can use for that purpose. And make no mistake about it, the ban on these second-generation SGARs will take the products off the shelf of Home Depot that we use to treat the problem. Finally, the problems that apply to all of us. Rodents come into a rental property or any property, in the case of mice, through a dime-sized hole, in the case of rats, through a quarter-sized hole, and they reproduce. within a month of citing you can go from a small problem to a full-scale infestation we have to have the access to these tools to apply them real-time without either the expense or the delay of resorting to a third-party professional thank you thank you very much when you're ready go right ahead
Ms. Lee I'm chair members of the committee pleasure to be in front of the
Ag Committee. I don't find myself here often, so thanks for shaking it up for me. My name is Rachel Lee. I'm testifying here today on behalf of the Colorado Rural Schools Alliance, the Colorado Association of School Executives, the Colorado Education Association, and the Southern Colorado Springs Alliance, all in opposition to Senate Bill 62. We remain opposed to this bill as we did in the Senate, even as amended. Colorado schools are good stewards of our limited resources. As you all know, because hopefully I've said it ad nauseum, multiple complex factors have been placing strains on our school budgets over the years. These factors, one of them is increasing costs, and this bill exacerbates that problem. We have appreciated the engagement with the proponents over the course of this bill, but we still see the bill putting constraints on the use of what are currently commonly available products for us to control our unwanted visitors and our facilities and raising the cost of managing that problem. In addition to designating ESGARs as restricted use, as you've heard about, the bill also directs the Commissioner of Agriculture to develop rules on the use and distribution of these products. We fear this will further raise costs for school districts and place barriers on taking care of our rota problem by potentially requiring us to employ expensive electronic monitoring systems to utilize and address our rodent problem as the legislative declaration seems to indicate The bill also, because these products would now be restricted use, our maintenance personnel currently just have to register with the department in order to utilize these products, and now we would either have to get them licensed, which is no small feat, or hire expensive companies to take care of our road problem. Happy to go on, but from a rural school perspective specifically, our budgets are constrained for a variety of different reasons. And we also lack workforce and access to vendors such as rodent control that might be plentiful here in the Front Range, but not so much in the rural parts of our state. For all of these reasons, we respectfully ask for your no vote. Thank you for your testimony.
Yes, when you're ready, you got it. You'll have three minutes. Okay. Madam Chair and fellow members
of the committee. Thank you for the opportunity to present today. My name is Jessica Nelson. I am here today as a member of the Colorado Pest Control Association Board of Directors, and I urge the committee to vote no on Senate Bill 62. I was born and raised here in the beautiful state of Colorado. I'm also a mother to my two children, Teddy and Brielle, so I understand how critical it is to focus on protecting and preserving a safe and healthy environment for future generations. Through my firsthand experience as a commercial pest control applicator, I know the potential dangers citizens can face when a rodent infestation impacts their home or business, including economic damages as well as serious health risks. It's important to note that professional pest control services are generally less accessible to citizens enduring socioeconomic hardships and therefore increasing the possibility of various communities experiencing pest issues disproportionately. That is why classifying escars as restricted-use pesticides would create serious consequences for many Coloradans, particularly those who earn lower incomes or live in rural areas. I am proud of the professional work our industry provides in our state to protect citizens' homes and businesses from rodent pests. Our industry is composed of licensed and trained professionals who are regulated by the Colorado Department of Agriculture, and this legislation would circumvent framework that is already actively conforming to federal regulations established by the EPA. I will always encourage individuals or businesses to seek help and treatment from licensed professionals to address their pest control concerns, although I understand that it is not always possible. integrated pest management is a framework not a replacement and escards are an invaluable tool to control and treat rodent populations again the colorado pest control association strongly asks the committee to vote no on senate bill 62
thank you for your time thank you for your testimony and yes when you're ready you'll have to borrow her microphone thank you all right good afternoon thank you madam chair and members of the committee
My name is Teresa Connolly. I'm a regional business partner for Murdoch's Ranch and Home, and I live in Fort Morgan, Colorado. I'm here today representing MidStates Distributing, a partnership of privately held farm and ranch retailers across the country, including Murdoch's and Big R stores with a combined 50 locations here in Colorado. While I work for one member company I speaking on behalf of the broader network of retailers that serve rural communities across the state Our stores are the front line for thousands of customers farmers ranchers and outdoor enthusiasts who are a critical part of Colorado economy On a personal note my family also farms and raises cattle in Fort Morgan, so I have first-hand experience as an end user of the products we're discussing today and the roles they play in managing pests. We respectfully oppose the reclassification of certain rodenticides as restricted-used pesticides for most of our customers are restricted use functions as a de facto ban most of the people we serve operate family-run farms ranches and small businesses with tight margins they do not have the time or financial flexibility to hire licensed applicators on a recurring basis nor to navigate the significant requirements for certification training exams and ongoing compliance as a result this change would effectively remove access to tools they rely on to basically help the state manage serious infestations. We have seen how policies like this can evolve. In California, the 2020 restrictions on ESGARs paved the way for a far more expansive ban by 2024. The practical effect has been to make rodent control more difficult and has created major operational challenges for businesses and contributed to documented store closures and agricultural losses. Just as important, these kinds of restrictions can sideline the thousands of smaller operators, farmers, ranchers, and rural property owners who collectively play a significant role in day-to-day pest control of rodent populations across the state. Our customers are not careless users. They are responsible stewards of their land, livestock, and facilities. It is critical that they have more advanced products when first-generation options are no longer effective and infestations threaten property, feed supplies, and animal health. Without access to those tools, small problems can escalate quickly, creating broader economic and public health concerns. Without effective tools like ESGARs for high-risk infestations, a few rodents can multiply into thousands in a single year. We ask you to consider the real-world impact for your constituents who will be most affected, those managing older structures, agricultural properties, and large outbuildings across Colorado. These are your constituents, and they need practical, workable tools to protect their livelihoods and as such be part of the effort to prevent statewide infestations. For these reasons, we respectfully urge a no vote on SB 62.
Thank you for your time and your consideration. Thank you for your testimony. I'm going to start with the first question for Katie Swift online. Something you said triggered a question for me. You had mentioned that restricted-use pesticides at the national level has a very specific definition. My question is, does the Colorado state definition currently match the national definition? And with this bill, would our definition then not match the national definition? Ms. Swift?
that's actually somewhat of a complicated question because the definitions themselves are fairly similar but the process and the regulations that epa uses to reach that classification are obviously much more extensive so they're relying on data on science on toxicology to reach that classification.
Though my question now, the things that we have restricted use in our state have currently, have they gone through a similar process to be labeled restricted use or have they been labeled that way through legislation?
I'm not familiar with the history of Colorado state restricted classifications, but if it is a federally restricted pesticide that is enforced in Colorado, it would have gone through EPA's very
rigorous classification system. Okay, thank you. Representative Garcia Sander. Thank you, Madam Chair. This is a question for Jessica. What's the approximate cost of hiring
professional pest control to deal with the rodent issue? Do you have an average cost and like for a home, for an apartment complex, like what kind of dollars would somebody need to put out? I mean, that's a big broad and complex to propose, but for an apartment complex and business-wise, that's what I've focused in is commercial. That would start at about a couple hundred dollars, I would imagine, about $200 to $400 ballpark on the initial.
Representative Garcia-Sander, follow-up.
Thank you. Yes. So, and I'm just curious because I've never had to do this. So a couple hundred dollars, two to four hundred dollars, something like that. And then you'd have multiple treatments over time. And do you establish contract? And like, what is that? I like, honestly, just don't know. And would that be the same for a single household?
Miss Nelson, I just, people are listening, so they want to know who's talking.
I apologize. Thank you, Madam Chair. Thank you for the question. Um, you know, it is a very, each business and each situation is very unique to these pest issues because they are, um, very unique. Um, so generally the biggest cost is our time, um, because rodent trapping and or treatments require multiple visits. Um, and whether that is determined, sometimes it's a daily follow-up. sometimes it can be weekly and it's generally by contract representative lukins thank you madam
chair my question is for miss lee with the rural schools alliance i was wondering if you could explain perhaps specific examples of if there is a rodent situation at a school what currently would be done and to what extent are ESGARs used or at what point would they be used? And then if this bill passes, how that process would change?
Ms. Lee.
Thank you, Madam Chair. Representative Lukens, thanks for the question. So to start out with, as you know, we as schools take student safety very seriously, and so rodent problems fall within that category of significant concerns that we need to address immediately. And so we do a variety of different things. We do preventative measures to keep mice at bay, whether it be, you know, baiting stations to have them feed and taste something horrible and realize they don't want to maybe come back. So there's preventative measures that are, they're employed. And then when there is a rodent problem, we would use a variety of different tools in the toolbox. You might use traps You might use different rodenticides I think it depends on the situation on how you would employ those tools and what that situation is calling for ESGARs, as I understand it, are not like the first line of defense when we're dealing with rodent problems. Those are kind of your second step that you would employ to deal with a more persistent rodent issue that would need a little bit more. And so in that case, if we are then utilizing these second-generation ESGARs, instead of our facility managers being able to utilize those in the way that we do today, we would have to likely call professional companies to now come and take care of them. And as you've heard earlier, just a minute ago, that is anywhere between multiple treatments probably over the course of months to make sure that that problem is addressed. or we would have to go through the process of getting our maintenance people certified, licensed, not certified, licensed, which is, which would then be in and of itself another process for those people to, one, get licensed and then continue to hold their license, which I understand requires continuing education credits that they would have to continue to maintain that licensure, which they don't have to do today.
Representative Johnson.
Thank you, Madam Chair. This question is from Ms. Swift. We've heard a lot of discussion about the rate of exposures. Can you please tell us what is considered an exposure?
swift yes um at the denver health um america's poison center fact sheet they specifically state
that an exposure is any physical contact to the product and since many products actually are contained within bait stations it could even involve just handling of that plastic exterior station. And so they also specify that the majority of pediatric cases do involve simply handling of the product without ingestion of a significant amount.
AML Winter. Thank you, Madam Chair. And this question is for Ms. Conley. Can you explain why you know, rural retail stores are allowed to sell ash gars, but your big box stores aren't allowed to? Ms. Conley.
Thank you for the question. We understand that the EPA limited these products to professional and agricultural use markets rather than general consumer sales, and that included the farm and tractor type stores versus the big box retailer. In practice, that means they're sold through more specialized channels that serve agricultural and rural customers, not typical consumer settings.
AML Winter Follow-Up. Thank you, ma'am. And what does it look like if your customers lose the ability to buy these rodenticides?
Ms. Connelly. This would limit their ability to handle more serious infestation problems or situations that they need to pivot quickly. We not talking about situations that they could use a first product on a single mouse in the house or in the shop for instance that would be protecting the Colorado food source If there something in our feed piles if that could affect our livestock even just general livelihood situations for our rural customers. If there's a mouse infestation when you go to service your combine, I mean, they're million-dollar machines now that makes a serious impact on our customers' livelihood.
Representative Story. Thank you, Madam Chair, and thanks to the witnesses that are here. This would be a question to all of you. What safeguards do you have, do each of you have in place for the entities that you each serve? You recommend you all identified the folks that you represent. to ensure that S-CARS are used only when necessary and according to the label requirements when the product is packaged for professionals? And then additionally, why not use safer products, especially at school sites with children around? Who would like to answer that?
Ms. Lee? I'm happy to start. From a school's perspective, as I noted, we take our obligation to keep students and children safe as our highest priority. And so our maintenance facility personnel are not utilizing these products just willy-nilly or irresponsibly. The products themselves also have to be deployed in child-resistant containers, boxes, bait stations. Sorry. So there's already those protections in place for those products as well because they have to be deployed in a specific manner, particularly when they are having the potential for children to access those products. And so twofold for us is they're being used in accordance with their requirements for being around children, and then they're not the first line of defense that we are utilizing to address our rodent problems.
Anyone else want to answer that question? If I may. Yes, go ahead, Mr. Hamrick. Thank you.
Thank you, Madam Chair. The primary difference between an unsafe application and a safe application is the use of these plastic boxes to control the size of the living thing that can get to the poison. And when you call a professional pesticide person out for rodent treatment, that's what you're going to get. You're going to get this poison delivered in a plastic trap box, which is something that the consumer can provide for themselves. And that's the reason that both the delay and the expense is so impactful and problematic for our industry.
I'm sorry, the rest of that's not responsive.
Thank you, Madam Chair.
Anyone else? Yes, Ms. Connelly.
Thank you. All right. Thank you for the question. as a representing retailer safeguards for our customers using as necessary and on label I can speak for every customer but generally our customer base the bigger the problem the more informed they are about the product that they are purchasing Also, we have continuously trained team members on our sales floors that are helping our customer base understand what on-label use means for all of our products, whether it's first-generation products, second-gen products, or even a sticky trap, just helping our customers understand.
All right. Thank you all very much for your time and testimony today. We will move on to another panel of folks that signed up in opposition to the bill. When I call your name, please come forward. Travis Grant, Roger Lauer, Stacia Foreman, Aaron Spahr. See, those might be four chairs. I don't see Aaron. Let's go with Eric Frank if he's here, and then I'll get to Aaron next go around. Then remotely, let's bring up Cheyenne McIndaffer. Oh, yeah, go ahead if you can fit. That's great. Also online, do we have Julie McCaleb? Okay, I'm going to go this way this time. So you're going to have to borrow the other mic, just share it between you two. And when you're ready, give us your name, and you'll have three minutes for your testimony. Thank you, Madam Chair and members of the committee.
My name is Eric Frank. I'm a fourth-generation farmer from northern Colorado and here representing the Colorado Sugar Beet Growers Association. We understand that the bill has been changed from its introduced version. However, the bill as it is now is still problematic because it takes critical rodent management tools away from the approximately 35% of the farmers in my group that are not private applicators. Farmers always use the least impactful, least expensive pesticides that they can to get the job done. However, when there is a situation where the rodent problem is severe or we have a zero tolerance threshold for rodents, we need to have the option to use escars. Sugar beet farmers around the state right now are waiting to plant beets any day based on weather conditions that might allow. The technology that's found on current equipment, mainly tractors and planters, is packed full of delicate wiring harnesses that would be especially appetizing to rodents. And these harnesses are critical to the performance of the equipment that we have. On my family's operation, our planting equipment is ready to go to the field right now. This is getting to be perfect time to plant beets. It is on standby in our cold storage building, waiting for favorable conditions that may present themselves as close to this weekend. And it's imperative that we are able to plant our crop in a timely manner. And the challenges that we have at some points is when the equipment is being stored in our cold storage buildings, we have it ready. We're ready to go. and then if rodents are able to get in and chew on some of those wiring harnesses and not let our equipment run when we need to, it affects our livelihood. Not only is the equipment several hundred thousands of dollars, but on my family's farm, if we're planting 400 acres of beets, which they should gross $2,000 an acre, and I plant those beets in three days' time, And any sort of downtime, whether it's my fault or nobody's fault, is especially problematic. And we need to be able to use ESGARs as a tool in our toolbox to keep those rodents at bay. And I just wanted to say thank you for allowing me to testify.
Thank you for your testimony. We'll let the mic go to the next person. And when you're ready, go ahead with your testimony.
Thank you, Madam Chair, Vice Chair, and members of the committee. My name is Roger Lauer, and as the immediate past president of the Colorado Pest Control Association, I'm here today to ask you to vote no on SB 62. Altering the access of second-generation anticoagulant rodenticides used to treat rodent infestations in homes, businesses, schools, and other public buildings will be felt by all Coloradoans, including the constituents you represent. I want to share a little bit about the pest control companies in our state. They range from operations from one to two-person to large national branches. Now, by restricting these products to licensed companies and professional applicators, you might assume that it would drive up business for our industry. While this could happen, we anticipate the negatives of SB 62 outweigh positives our industry could receive. The negatives would be the restricted products being purchased over the Internet or in the neighboring state, as discussed before, by an unlicensed individual and used incorrectly. And there's rumors of that happening in California right now. The restricted-use nature of the products, increasing the product, the cost of services, and pricing out vulnerable populations who need professional management for their rodent infestation. Restricted use increases reporting requirements and could create unnecessary burdens on small companies. It will increase the cost to the state because they will need to watch the documentation. And also with the licensing that has been discussed earlier today, it's about $320 per individual of companies that can get the license. That's not the private applicator license. The private applicator license is only available to agricultural entities. The license that we require, you look at about $100 in binders. You look at it's $40 per test and then $100 to get licensed by the state. I actually sent some of my guys today to get different licenses. With our company, we've done that, so we're about $3,000 into getting our team licensed in preparation for anything that might happen It a big cost The one thing with the license that people don understand is you have to have 120 hours of field and 40 hours of classroom to be able to get the license through the Department of Ag. So the QS or the CO license is the license that you can just do the applications. The Qualified Supervisor license, you have to be in the business for two years before you can access that license to oversee people that use that license for the materials. So you can't just go out and say, hey, I need this license for my house or for my apartment building or things like that. And that's what puts a big burden on some of the other people, the schools and things like that.
Thank you for your testimony. When you're ready, go ahead with your testimony.
Thank you, Chair and members of the committee. My name is Stacia Foreman, and I'm here on behalf of the Apartment Association of Metro Denver, representing over 300,000 rental units and residents across the metro area. We appreciate the intent of this bill, protecting public health and safety, and the committee's efforts to narrow its scope. However, even as amended, SB 2662 still creates real challenges for housing providers responding to rodent infestations in real time. this bill creates a legal tension under colorado's warranty of habitability providers are required required to maintain safe habitable housing including addressing rodent infestations promptly but this bill limits access to certain tools creating a disconnect between what the law requires us to do and the resources available to do it quickly and most effectively in multi-family housing speed is critical in these situations rodents don't stay contained they move quickly through shared walls, ceilings, and in common areas. Even short delays allow infestations to spread into neighboring units. Early access to all effective tools is what allows providers to contain problems before they escalate into something much bigger. These challenges are especially significant for smaller providers. They often lack staff, vendor access, and financial flexibility and are unlikely to hold a private applicator's license. As a result, they must hire licensed professional adding time and delay to a time sensitive issue at this time rodents cause real damage to wiring insulation and plumbing increasing both safety risks and repair costs in smaller buildings a minor issue can become property-wide a property-wide issue we support the goal of improving safety but in practice protecting residents requires the ability to act quickly and use all effective tools available as amended this bill still creates barriers to the response and may worsen outcomes it is trying to prevent. For those reasons, we respectfully
urge a no vote. Thank you. Thank you for your testimony. Ms. Spohr.
Chair McCormick, members of the committee, my name is Erin Spohr, Executive Vice President of Colorado Cattlemen's Association here in opposition for Senate Bill 62. At its core, this bill removes a critical targeted tool from the toolbox for managing severe rodent infestations. Eschars are not products of convenience. They are tools of necessity in specific situations, especially when rodents will not reliably feed multiple times or when there's zero tolerance for infestation around feed, livestock, and food systems. And I want to speak from direct experience. Working on my family's livestock operation, maintaining animal health and limiting animal disease concerns is highest priority, and rodents can be a vector of those diseases So ensuring that we have adequate control is number one I have also worked in meat processing facilities in quality assurance and food safety and pest and rodent management is not optional. It's a required part of keeping those facilities operating. If pest control fails, facilities can go and do get shut down. It's essential to pass third-party food safety audits and maintain export verification to access international markets. If pest management is compromised, you risk failing those audits and losing the ability to export altogether. That has real economic consequences, not just for the food processors, but for producers across the supply chain. When we are producing one of the safest, highest quality food products in the world, like U.S. beef, we cannot afford to limit access to effective tools that help us maintain those standards. We all share the goals of protecting wildlife and public health, but this bill removes the flexibility from those closest to the problem. So we respectfully ask for you to oppose SB 62. Thank you.
Thank you for your testimony. Mr. Grant, you have to share the mic.
Thank you, Madam Chair and members of the committee. My name is Travis Grant. I'm the CEO at the Colorado Livestock Association, and I'm here testifying on behalf of our more than 350 member families and ag operations statewide, two of which you'll be hearing from next. We are in opposition to Senate Bill 062. Rodents are not a minor nuisance in agricultural operations. For many, Colorado livestock producers, rodenticides are not an optional tool. They're an essential component in ensuring the health and safety of their livestock, their employees, their families, and themselves. Beyond that, the management of rodents is critical to responsible land stewardship and safety in the food supply chain. Beyond the damage they can cause to structures and supplies used on our members' operations, they present a serious biosecurity hazard. Rodents are consistently linked to carrying diseases such as HPAI, the highly pathogenic avian influenza, and causing those diseases to spread beyond what they might with the strategic use of rodenticides. When zoonotic diseases get on operations, they threaten the welfare of both livestock and people who are present on the operation, and rodents add an additional risk of spreading an outbreak beyond the gate, putting neighbors and their ag operations at risk. Beyond the animal welfare concerns, transmission of diseases from rodents to livestock have caused $19 billion in production losses in the U.S. In its current form, SB 26062 presents a likelihood of significant increases in the cost of rodenticides and the added burden of producers seeking additional licensing from the state. This bill would add to the cost burden that all Coloradans are feeling from inflation while risking disease outbreaks on livestock operations, which can lead to public health crises and disruptions in production, leading to higher prices at the grocery store. The Colorado Livestock Association is in strong opposition to SB 26062 and respectfully asks the members of this committee to vote no to ensure that producers have the proper tools to protect their livestock, their employees, their families, and their families from the harm that rodents bring. Thank you for your time today and for hearing the concerns of our members.
Thank you for your testimony. We'll go online to Julie McCaleb.
Good afternoon, Madam Chairman and Committee. I feel like I might be an expert in this subject for the following reasons I worked in the environmental field for over 30 years Ten of those years was working at the Northeast Colorado Health Department I was the person in charge of all investigations into plague in animals and humans. Bubonic plague is an infectious spread mostly to humans by infected fleas that travel on rodents. called the Black Death. It killed millions of Europeans during the Middle Ages. Prevention involves reducing your exposure to mice, rats, squirrels, and other animals that may be infected. According to CDC, there are seven cases on average per year of plague in humans, and many of these cases come from two regions. Guess what? Colorado is one of those regions. Hanna virus pulmonary syndrome is rare but a serious disease through contact with infected rodents, leading to severe respiratory issues and potentially life-threatening complications. There have been over 119 cases in Colorado since monitoring started in 1993, and 44 of those people died. I now work for a company that has wastewater permits and have received documentation from the Environmental Ag Program at CDPHE to eliminate prairie dogs before they damage our wastewater lagoons. If a breach of a lagoon occurred, that would cause a larger public health emergency by contaminating water. In addition, our feed mill is required to follow the Food Safety Modernization Act to comply regarding rodent elimination. Key points are to eliminate a hazard, establish preventative controls, routine pest management, and comprehensive pest plans. A comprehensive pest management system consists of the following techniques, a biological control utilizing natural predators, cultural practices modifying farm and environmental practices to reduce establishment, physical and mechanical methods that is using such barriers such as traps and chemical control. Target specific pests while minimizing impacts on non-target organisms and the environment. We are at risk of causing a public health emergency if we allow this one tool in our toolbox to be eliminated. Do you believe our residents will be able to identify these zoonotic diseases that are carried by rats, mice, and prairie dogs before they become ill? I'm asking you to vote no on this bill.
Thank you for your time. Thank you for your testimony. Next up is Cheyenne McEnnapper. When you're ready, you'll have three minutes.
Good afternoon. Thank you to the committee for the opportunity to provide testimony against this bill. My name is Cheyenne McInduffer, and we have a cow-calf operation, feed yard, and dry land and irrigated farm ground in northeast Colorado, plus three kids, one dog, and three cats. I also do hold a pesticide private applicator's license issued by CDA. The two most commonly used baited grain products labeled for prairie dog control, at least that I see in this area, already require you to have an applicator's license to buy and use because they're already a restricted-use product. I'm also required to keep records on how much and where I have applied it. Thus, there is already a robust purchase and record-keeping system required to use these baited grain rodenticides labeled for prairie dog control, as well as a seasonal use element to help protect non-target species. The Great Plains of North America are one of the last large remaining grasslands in the world. Plains cattle producer will tell you we're very proud and very protective of our prairie land, especially the native buffalo grass sod. Prairie dogs may be native, but that does not mean that with displacement from urban sprawl and left without any form of population control, they cannot turn very destructive to native and cultivated prairie very quickly. Left completely unchecked, they'll remove all grass, plant, and even weed material from an area, leaving it to look like a desert bad land. This leads to major wind and water erosion when there there is no organic material to hold our minimal topsoil, leading to further air and water issues. Grazing habitat for not only cattle, but also wandering wildlife like pronghorn and deer are gone. And this is not just a few acres. This can quickly multiply tens, hundreds, thousands of acres across the state. Our prairies can sequester as much carbon below the soil in their root systems as forests can in their canopies. But when you lose thousands of acres of vegetative material in prairie dog populations, there are no routes to sequester carbon, and all that is left is high-risk land. left to erosion and further desertification. The way I read this bill is concerning because of the public health emergency language. Prairie dogs are a rangeland health issue in my opinion, but I'm not clear that a state agency would declare them a public health emergency for rangeland and thus allow SGA are used for that purpose. The electronic monitoring justification piece is also concerning, among many other components of this bill. So I am very concerned that this current bill does in fact remove this tool that we use to help manage these populations to a scale and in a way that protects our prairies. The cost that we're done aside, added to the extensive time it takes to apply to so many acres, means that use is very targeted. We cannot and do not apply to every single prairie dog population, but rather focus on areas that are higher risk for vegetative loss and erosion. This is an invaluable tool in our toolbox to steward these amazing grasslands, and I urge you to please research the impact of prairie that a yes vote on this bill will have for the health and sustainability of the High Plains Gratzlands, I respectfully urge you to oppose this bill. Thank you.
Thank you for your testimony. Questions for this panel?
Representative Johnson. Thank you, Madam Chair. And just a quick Northeast Colorado shout out to this panel. It's great. My question is to Mr. Frank. You live in a rural community. I don't think there's been enough said about the equity problems this bill would create. Can you talk about some of the difficulties this would cause for your neighbors if they had to pay for professional pest control to deal with severe rodent issues or couldn't even get pest control to come to help them?
Mr. Frank. Thank you, Madam Chair. Thank you, Representative Johnson, for the question. I can only speak to what I can understand on my farm. I believe it creates an equality problem. You're going to have two classes of people, one that can afford to treat and one that cannot. And one thing, I hope I still answer your question, but I want to make this very clear. The ag economy is in dire straits right now. The prices of commodities are low. The inputs that we use are high. And now, especially in our state, the record-setting drought has put a lot of farms on edge, both financially but also from a mental health standpoint. And I don't take this lightly when I say this, but if one more thing, it's almost like death by 1,000 inches. If I've paid off my bank, I've paid off John Deere to have my equipment, and it's ready to go. I have the opportunity to plant my crop and I get to the field and I can go because something minor you know quote unquote minor happens and my equipment doesn run because of a broken wire or something That could be the straw that breaks somebody back mentally and physically and and not being able to control them the way we have in the past is is a real problem and i i don't i don't want to like i said i don't want to take this lightly but it's coming on the backs of farmers that we don't need that we we need to be able to have effective tools to control these things and and escars are are the the best way to do that in in these situations thank you i have a question for mr lauer you were speaking to the different types of
licenses which i was trying to dig into earlier you talked about a private applicator license is only available to um ag producers and that if you're anything else school or apartments or restaurants or anything else, and you had access to these tools before, you would have to go get a commercial license just for yourself, not necessarily to run a business where you're overseeing people. What does that require for me to just go get my own commercial license? Mr. Lauer. So with the commercial license, when you go to the state, You have to be, I've always done it under an entity for the 23 or the 32 years that I've been doing this. So I have my company, they're my sponsor. So you've got to have something that shows where you've had the training, how you've done all this, because you can't just do the hours on your own. So the 120 hours of field. So that's always with another person. The 40 hours a classroom is given by somebody like myself or somebody within the company to get that through the Department of Ag. And then the continuing education credits, you have to have, I think, 18 over a three-year period. The private applicator license, reading it in the state through the state ag, It's only for ag people or people that are not charging for the services. So you've got to find that gray line. So like the apartment association, which it would be a huge burden for them to have to go through that process. If it's private applicator or the commercial applicator, you're still talking about thousands of dollars to do the process. And that's where it builds and builds.
All right. Thank you. Representative Garcia Sander.
Thank you, Madam Chair. I'm going to go to the Scottish named ladies on the wall. Ms. McCaleb or Ms. McDaffer. I'm just curious, what do you pay for rodent control if you have somebody come in and do that service for you?
I can answer that question.
That is, hang on, Ms. McCaleb. I just have to identify you because of all the people listening. Go ahead.
Yes. So the corporation that I work for, we have 26 locations, of which 13 of those we actually hire a third party to bait just from a biosecurity standpoint. My staff and I can't get to all those locations. That's a $5,300 bill a month. Did you want? Because it has some of those we have over every 75 foot, we have bait stations. Because again, I work for a pig operation and biosecurity is very extreme. We don want any rodents inside those farms at all And so those are on sterile strips that we have a three foot buffer with no grass or pest harborage also as well
Any other questions for this panel? Representative Johnson.
Yeah, thank you, Madam Chair. This question is for CCA. What kind of diseases do rodents carry and how does this contribute to livestock if you can't adequately deter them? Ms. Spower, sorry.
Yes, thanks for the question. And I think Travis answered it in his testimony of talking about the devastating, you know, zoonotic diseases or HPAI or the, however you say it, HANA virus. And I think when we think about the vectors that they bring in of not only into feedstuffs, water, all of that for livestock, I think it raises a major concern of just bringing those diseases. And I think Travis also mentioned it in his testimony, but also the biosecurity hazard. When we're looking at cattle operations or other livestock operations, our number one concern is animal diseases, and it's maintaining our biosecurity. And so I think when we look at that, one of those control methods is through the use of rodenticides in order to control rodents.
Representative Story. Thank you, Madam Chair. Thanks again to the witnesses that are here providing testimony. Just a quick question on the prairie dogs. I think I understood that they are, prairie dogs are not listed for ESGAR treatment, that it's for first-generation anticoagulant rodenticides are utilized for prairie dogs. So it seems like this bill wouldn't impact prairie dogs or prairie dog treatment.
That's for Ms. McEnter-Daffer. Yes, kaput prairie dog is a SCAR, and that is the more affordable option. of the two restricted-use beta-rodinocytes that we see used. Rosal is not a second generation, which may be what you're thinking of.
Representative Smith. Thank you, Madam Chair. This question is for Ms. McIndaffer. I am an ecologist, and I'm just curious. I live in Boulder County, and so in Boulder, prairie dogs get moved if people don't want them on their property. And they end up in very dense colonies, and I agree, it looks like a moonscape. But I'm imagining up there in the northeast, you know, what's the density like? And, you know, I would think that there would be some, you know, natural predators that are keeping the numbers down. And I'm just curious. Smack and daffer.
Apologize, getting off mute. So the density, for example, when we went out this spring and looked, it varies on if you do any management before that. So you can get 30 to 50 burrows per acre. It could be less than that. So that will vary And again you see the more significant total vegetation removal in those more significant populations There are predators like you said could be birds snakes to small prairie dogs I believe We do have coyotes. We have quite a few coyotes out here as well. We do not have the black-footed ferret in northeast Colorado, which is also another predator. So there are predators here, you're right, but the level of the populations do not allow that to, I would say, be in sync with what we are seeing here to the populations that they are. And like I said, what we're talking about is just management. It is definitely by no means eradication. There are many out here.
All right. Thank you. One last question from Representative Goldstein.
Thank you. And this is for the folks on the wall. Is there any concern about when you use this with prairie dogs that it's going to accumulate in those higher level animals if they eat them? Because it could take a while for the prairie dogs to die from the anticoagulants. quaggots. That is a good question. Go ahead. I jumped ahead. I apologize. Good question. So if
you read the bag and you read the research, and I've witnessed this firsthand, is most of those animals do die within the burrows. So as far as being picked up by predators, whether it be coyotes, birds, et cetera, you do not see many above ground when you go back and check that. I also, you know, there is concern about burying owls, etc. So you learn what to look for when you are working around those holes as far as feathers, different bait or different scat, etc. And that's not something I've ever witnessed out here in our area.
Right. Thank you all very much for your time and testimony today. We appreciate you showing up. I will go to the last panel of folks that signed up in support. I have one person that signed up in a neutral position, so I'll also call him up. So Alan Lewis, Dr. Laurel Suresh online, Jeffrey Hirsch online, Ryan Sedgley online, and Jeffrey Hirsch twice. That's it. Is there anyone else in the room that wanted to testify in favor of this bill or against that I forgot? Okay. We will find those online people, but meanwhile, we have one person in person. So we'll let you start. If you'll turn on your microphone, tell us your name and if you represent anyone, and then you'll have three minutes. Thank you.
My name is Alan Lewis, and I'm here representing my personal experience in rodent control. Simultaneously, I work for natural grocers, as some of you know, and I manage pest control in 175 stores across 22 states. And if you want to lose your appetite, let me tell you stories about what I've seen. So we're neutral, or I am neutral today, because as the bill is written currently, this doesn't affect natural grocers. and I want to tell you why. We are all organic certified handlers. In order for me to deploy this, these materials, these advanced coagulants, I have to first prove that I have prevented any accumulation of attractants, typically garbage outside the store, closed all entry points to the store. hard when you have a thousand customers coming and going. I have to show that there's no harborage around the store where rats, in this case, can hide and then come out and look for food and water. In addition, I have to show that I've deployed manual traps or whatever other things that are available to us. At that point, when all other things have failed, I can go to the USDA and ask our accredited certifier to approve a short-term use of, in this case, first strike, which contains some of the ingredients that we're talking about. That happens two or three times a year across all these stores. We don't like doing it, but rats burrow. Rats live half a mile away. They're coming to a strip mall. They're looking for goodies all day long. They can go up any wall that you, any barrier that you can create. So none of that is in the bill because we don't have the money or the wherewithal to regulate that kind of thing at the individual level. But from the farmer's perspective, they don't like using these. And I've been on a lot of farms and I know a lot of farmers. They don't like spending money. They don't want to deploy poisons. They're protecting their owls, their barn cats, their farm dogs, their raptors. This is a last resort for them also. They're self-regulating in that respect. I just reread the CDA, Department of Agriculture, rules on who can apply and how they can apply restricted pesticides. It would be an incredibly burdensome problem for our agriculturalists. Sure, you can find maybe half or a third or a quarter of farmers are licensed applicators. That means you've got to call someone. You've got to ask them to come by. It could be an hour drive. They have to be on site while things are being applied. It's on-site supervision. So the complaints from the ag community are incredibly valid, and the bill just doesn't really put in the regulatory structure that we really need for the common homeowner to do everything first before they escalate. Thank you.
Thank you for your testimony. I do have Mr. Hirsch online. We're just trying to get you to accept being promoted to a panelist. So if you see that ask, please accept that request so that we can hear your testimony. And Dr. Laurel Saries and Ryan Sedgley, we don't have them online. All right. Now I see you, Mr. Hirsch. When you are ready, you can unmute your microphone and you'll have three minutes to give us your testimony.
Can you hear me? We can Go right ahead with your testimony Thank you I was going to read the same thing I read for the first rodenticide bill even though it has a bit more limited connection to the amended version which frankly I wish wouldn have had to be watered down to be more acceptable But I guess that's the reality. So I'll try reading what I just wrote down, listening to this panel a bit extemporaneously. But given my age, sometimes I'm at a loss for words, so I'll apologize for that in advance. If there were no alternatives to a very broad use of rodenticides, I could understand to a greater degree why this and even the former bill would be opposed. But that isn't the case. Not only can rodenticides still be used under this bill. There were also many smart methods available to use on unwanted rodents, which is very much the case right now in Europe, but that has more restrictions. This seems to boil down, frankly, to the same rural farmer, rancher, urban dweller divide that infuses so many issues in our country, which is sad and shouldn't be so and shouldn't be so. But I hear it in so many committees which I attend. There should be a very clear choice between any chance of creating suffering, sickness and death of non-targeted living things and an argument referring to expense, convenience, independence, freedom and such values that no one should have a monopoly on that that often seem glorified or extolled by a certain group of people. People talk here about responsible users being able to exercise their rights. It is also known by everyone that there is always a small percentage, whether it's picking up dog poop, speeding, or in this case, using deadly poisons, for whom rules or information doesn't apply. That is the reality we are dealing with. And given that, frankly, there should be absolutely no deadly poisons left outdoors where other animals or people can come in contact with them, even in the names of American values. Thank you.
Thank you for your testimony. Do we have any questions for either one of these witnesses? I'm not seeing any questions, so thank you both very much for showing up and providing us with your testimony.
Oh, AML Winter. Thank you, Madam Chair. I have a question. Based on some of the testimony that we've heard, I mean, do you think it's fair to think that the agriculture community is asking basically to be lawless to protect their livelihoods? I mean, coming from an agricultural producing family, I take offense to that. And I would like to know what you think. you talked about the importance of agriculture, and I think to be unjustly classified as people that don't care for animals and don't care for all of these things, I would just like to hear your opinion because you seem well-versed in these. Mr. Lewis. Thank you, Madam Chair.
We need a separate way to look at agricultural practices Then this elegant thing of calling these restricted uses works great until you look at the CDA rules in which case so many agriculturists wouldn be able to use it If an organic grocery store occasionally needs this to protect the public health, certainly agriculturalists need it too. But we don't have a separate approach. and given the budget issues. And, I mean, this is the original state constitution of Colorado, which says, man, our rural people are going to struggle and our urban people are going to be asked to coordinate and support with them, and there's just constant tension there. And I don't think this is resolving that or supporting solutions for both populations. I'd also point out that I can buy Tomcat with bromethylene online right now and pick it up in Firestone, Colorado from Home Depot. So any thought that this is not readily available to homeowners, this is a very significant problem. Neutral on the bill because we're not addressing everyone's needs. But the typical reaction of a homeowner, my last statement, Madam Chair, is that they will grab this stuffed tomcat off the shelf and throw it somewhere, hoping that their mice go away or the rat goes away or something. And then you have this cascading negative effects, whether it's kids or coyotes, foxes, raptors, whatever.
AML Winter. So since you're in a neutral position and you're somebody that really wants to make the bill work for both, do you think that a carve-out for agriculture would be something that should be considered based on maybe rural or frontier county?
Mr. Lewis. Thank you, Madam Chair. Representative Winter, I don't know how you're using the word carve-out, but I'm also not going to dodge the question, but there needs a separate set of rules and expectations and perhaps record-keeping, the way I have to keep records of all of my issues with rodents in this case, to show that at the point where I am deploying these chemicals, that it is justified. That's something that a good farmer is going to do anyway, the record-keeping piece. but a carve out saying exempt that's probably too far for me but I also think as a practical point of view farmers are extremely responsible and they could handle a written justification for why they're doing this I'd also lastly point out that the CDA has an impeccable record of common sense regulation of rural areas in Colorado They're not going after anybody. They're not attacking anybody. They're not creating unreasonable rules. And somewhere in the middle there, there's a solution for those families.
Thanks Any other questions for this witness Thank you very much for showing up We appreciate your time Last call for anyone in the room that wanted to testify on Senate Bill 62 Seeing none, that ends the witness phase of our testimony. We do need to go into a brief recess to get the bill sponsor back. She's across the hall, so we'll recess very briefly. Thank you. Thank you. to order. And we have our bill sponsor here, Representative Velasco.
I know earlier you asked for us to consider laying the bill over.
So, yes, we can do that. And any comments you have now on further amendments, this would be the amendment phase. So go ahead with your comments. Representative Velasco.
Yeah, thank you so much, Madam Chair, and thank you committee members for your patience and your thoughtful questions for everyone that came to testify. And as we heard, there's a lot of stakeholders involved in this policy and we're still trying to make sure that we're reaching out to all of them to see what the concerns are and if there's any chance to change how they're registered, especially those against. So we're still having conversations with CEA. We look forward to also making sure that we're following up with all the ones that changed positions from the Senate. So I ask the committee to lay it over for action only as we're still having those conversations with stakeholders and making sure that we're as prepared as we can for the final vote.
Thank you, Representative Lascaux. So at the bill sponsor's request, we will lay the bill over for further action on another date. And with that, our committee work is done. We are adjourned. Thank you.