8 CCR 1206-3-10.00 - STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY & PURPOSE

10.01 8 CCR 1203-10 Adopted March 25, 1994 - Effective April 30, 1994

These rules and regulations are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1993 Supp.).

The purpose of these rules and regulations is to adopt such rules and regulations necessary to carry out the provisions of the Act, including establishing definitions of pertinent terms, state and regional lists of weeds, procedures for certification of weed free forage crops and forage crop inspection, qualification standards for persons seeking designation as authorized inspectors or as qualified employees, delegations by the Commissioner of Agriculture pursuant to § 35-27.5-104 of the Act, procedures for identifying and tracking certified forage crops, and violations of the Act and rules and regulations thereto.

10.02 8 CCR 1203-10 Adopted March 17, 1995 - Effective April 30, 1995

These amendments to the rules and regulations are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1994 Supp.).

The purpose of these amendments to the rules and regulations is to adopt such rules and regulations necessary to carry out the provisions of the Act, specifically, establishing procedures for tracking and identifying certified forage including the use of inventory sheets and transit documents and raising the acreage fee, establishing an inspection fee, and adding a charge for handling of twine with the intent of covering all costs, direct and indirect, of the Department of Agriculture in the administration and enforcement of the Act.

10.03 8 CCR 1203-10 Adopted May 29, 1997 - Effective July 30, 1997

These amended rules are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1995).

The purpose of these amended rules is to delete all reference to a "Colorado State Weed List" and to apply the "Regional List" as well as to update the "Regional List."

10.04 8 CCR 1203-10 Adopted September 10, 1998 - Effective October 30, 1998

These rules are adopted pursuant to the Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S. (1998).

The purposes of these rules are to add a weed of region-wide concern to the designation of prohibited weeds in the regional list and to define procedures for identification and tracking of certified weed free forage destined to be processed into cubes and pellets.

10.05 8 CCR 1203-10 Adopted November 13, 2006 - Effective January 1, 2007

Statutory Authority

This amendment to the rules is adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Weed Free Forage Crop Certification Act, § 35-27.5-103(1), C.R.S. (2006).

Purpose

The purpose of this amendment to the rules is to (1) raise the mileage reimbursement for personal vehicles used by contracted weed free forage inspectors from $0.26 per mile to $0.36 per mile; and (2) to include a section for Statements of Basis, Specific Statutory Authority and Purpose for this rule.

Factual Basis

The factual and policy issues encountered in the proposal of this amendment to the rules is as follows:

Senate Bill 06-173 allows for each mile actually and necessarily traveled while on official state business calculated at 80% of the prevailing Internal Revenue Service mileage reimbursement rate to the nearest cent. Reimbursing contract inspectors 36 cents per mile would reflect the prevailing rate.

10.06 8 CCR 1203-10 Adopted April 16, 2009 - Effective May 30, 2009

Statutory Authority

This amendment to the rules is adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Weed Free Forage Crop Certification Act, § 35-27.5-103, C.R.S (2008)

Purpose

The purpose of this amendment to the rule is to change the mileage rate charged to producers from a fixed $.36 per mile to the prevailing rate reimbursed to state officers and employees per mile for miles actual and necessary for state business. This will allow the Department to adjust the rate charged to producers to track the official state rate without further rule making.

The factual and policy issues encountered in the proposal of this amendment to the rule are as follows:

The rate at which state officers and employees are reimbursed at is set forth in section 24-9-104, (2)(d), C.R.S. (2008): On and after January 1, 2008, state officers and employees shall be allowed a mileage allowance for each mile actually and necessarily traveled while on official state business calculated at ninety percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent, and, when authorized to be utilized and necessary for official state business, ninety-five percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent for four-wheel-drive vehicles.

10.07 Adopted June 11, 2013Effective July 30, 2013

Statutory Authority

These rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Weed Free Forage Crop Certification Act, § 35-27.5-103 C.R.S.

Purpose

The purposes of these rules are to:

Move the existing Weed Free Forage Crop Certification Act rules from their current location at 8 CCR 1203-10 to a new location at 8 CCR 1206-3 and make the changes described below.

Change rule 1.00 to add "or later" after the terms "bud stage" and "boot stage" of broadleaf plants and grasses respectively.

Change rule 1.00 by replacing the word "weeds" with the word "plants" and eliminating the words "state and." Eliminate the "s" in "lists" making it singular. Also eliminate the "s" in "sections" making it singular and eliminate "1.01 and."

Change rule 1.00 to replace "Plant Industry Division" with "Conservation Services Division."

Change rule 1.02 by switching the order of "Biennial wormwood (Artemisia biennis)" and "Bermudagrass (Cynodon dactylon)."

Change rule 1.02 by changing "Henbane, black" to "Black henbane."

Change rule 1.02 by replacing "Loosestrife" with "Purple loosestrife."

Change rule 1.02 by replacing "Meadow knapweed (Centaurea pratensis)" with "Meadow knapweed (Centaurea nigrescens)."

Change rule 1.02 by replacing "Ox-eye daisy (Chrysanthemum leucanthemum)" with "Oxeye daisy (Leucanthemum vulgare)."

Change rule 1.02 by changing "Puncture vine to "Puncturevine."

Change rule 1.02 by changing "Quackgrass (Elytrigia repens)" to "Quackgrass (Elymus repens)."

Change rule 1.02 by replacing "Scentless chamomile (Maticaria perforate)" with "Scentless chamomile (Tripleurospermum perforatum)."

Change rule 1.02 by moving "Mayweed chamomile (Anthemis cotula)" from its current order and list it after "Matgrass (Nardus stricta)."

Change rule 1.02 by changing "Spotted knapweed (Centaurea maculosa)" to "Spotted knapweed (Centaurea stobe)."

Change rule 1.02 by changing "Squarrose knapweed (Centaurea squarrose)" to "Squarrose knapweed (Centaurea virgata)."

Change rule 1.02 by moving "Wild proso millet (Panicum miliaceum)" from its current order and placing it after "Toothed spurge (Euphorbia dentata)."

Change rule 1.02 by moving "Wild oats (Avena fatua)" from its current order and placing it before "Wild proso millet (Panicum miliaceum)."

Change rule 2.00 by striking "a" from the sentence.

Change rule 2.00 2 by adding "Any propagative plant parts including weed seed" at the beginning of the sentence.

Change rule 2.02 to replace "inspector" with "Colorado Department of Agriculture" to receive the bale count and estimated total weight of forage harvested from each field from producers.

Eliminate rule 2.02(b).

Change rule 3.00 to replace "Colorado State University Cooperative Extension" with the "Colorado Department of Agriculture" as the agency responsible for training inspectors and eliminate the proof of attendance requirement.

Factual and policy basis

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. 1.00(c). Adding the phrase "or later" after bud stage and boot stage clarifies that the definition of

"Weed seed "not only includes the bud and boot stage but all subsequent stages of development.

2. 1.02. Biennial wormwood (Artemisia bieniss), Bermudagrass (Cynodon dactylon), Black henbane (Hyoscyamus niger), Mayweed chamomile (Anthemis cotula), Purple loosestrife (Lythrum salicaria), Wild proso millet (Panicum miliaceum), and Wild oats (Avena fatua) are not in correct alphabetical order within the regional list of weeds. This proposed change will place them in their proper alphabetical order with in the list.

3. 1.02. Loosestrife, Ox-eye daisy and Puncture vine are incorrect common names. The proposed change to Purple loosestrife, Oxeye daisy and Punturevine will correct the common name for these species.

4. 1.02. The Department proposes to correct the scientific names of seven currently listed species in the regional list of weeds in order to remain consistent with currently accepted botanical nomenclature. These species are:

Meadow knapweed (Centaurea pratensis) to (Centaurea nigrescens)

Oxeye daisy (Chrysanthemum leucanthemum) to (Leucanthemum vulgare)

Quackgrass (Elytrigia repens) to (Elymus repens)

Scentless chamomile (Maticaria perforata) to (Tripleurospermum perforatum)

Spotted knapweed (Centaurea maculosa) to (Centaurea stobe)

Squarrose knapweed (Centaurea squarrosa) to (Centaurea virgata)

5. 2.00(a) Removing "a" from the sentence is a grammatical correction.

6. 2.00(e)(2). Adding "Any propagative plant parts including weed seed" clarifies that any propagative portion of a weed including the seed may not be present at the time of harvest.

7. 2.02(a). The current rule requires the producer to inform the inspector of the bale count and estimated tonnage of each field. However, at the time of the inspection the forage has not been harvested so an accurate bale count is not available. Once harvest has been completed it is more convenient and reasonable for the producer to report bale counts directly to the Department which typically has received the original field inspection reports from the inspector by that time.

8. 2.02(b). Currently, the rule requires the producer to complete an inventory sheet for each field as forage is sold to be returned to the Department when all certified product is sold or at least once a year. This requirement was originally designed to help the Department track certified forage and mulch to help verify that only certified product was being sold as such. However, because the Department issues only enough orange and blue twine for a producer to complete baling the inspected acres and retrieves any leftover twine from producers, this requirement places an undue paperwork burden on producers and does not lend to the tracking of certified product as previously thought.

9. 3.00. Currently, the Colorado Department of Agriculture conducts the seminars to educate and train inspectors about the law, the identification of noxious weeds, principles associated with utilizing weed free forage and standardized inspection procedures. Colorado State University aids the Department of Agriculture by providing weed identification instruction to potential inspectors. Since the passage of the Certified Weed Free Forage rules the Colorado Department of Agriculture has taken a more active role in providing the training to potential inspectors. Moving forward this change will provide the Department more flexibility in the future training of inspectors. Once the Department of Agriculture is responsible for the training of inspectors there will be no need to submit proof of attendance at said seminar or a written request for designation as an authorized inspector or qualified employee.

10. Currently, the rules for Weed Free Forage Certification are codified at 8 CCR 1203-10 with the other rules promulgated under the statutory programs administered and enforced by the Plants Division of the Colorado Department of Agriculture. The Weed Free Forage Certification program was moved from the Plants Division to the Conservation Division in 2012. These new rules will be codified with the Conservation Division's other rules. This will make it easier for the public to locate and access them on-line.

Notes

8 CCR 1206-3-10.00