April 22, 2025
CNGA and GreenCO applaud passage of SB25-128
On Monday, the Colorado House passed SB25-128 with a 53-11 vote. The bill eliminates the “key service provider” language originally included in SB21-087 (Ag Workers’ Rights). Agricultural organizations across the state, including the Colorado Nursery & Greenhouse Association (CNGA), have long contended that these provisions were unconstitutional, citing a Supreme Court decision issued just days after SB21-087 was signed into law by Governor Jared Polis in June 2021. Despite these concerns, it took nearly four years for the General Assembly to address the issue. Governor Polis is expected to sign the new bill into law.
March 26, 2025
Good news! HB25-1286, Protecting Workers from Extreme Temperatures, has been postponed indefinitely. GreenCO was opposed to this bill which was duplicative of OSHA heat rules and created additional layers of bureaucracy for Colorado employers.
Several GreenCO representatives will testify on Thursday at the committee hearing on HB25-1113, Limit Turf in New Residential Development. The City of Denver has proposed amendments based on concerns that the bill would invalidate Denver’s existing or planned ordinances that limit non-functional turf, such as in new residential or commercial developments. Here is a link to listen to the hearing: https://leg.colorado.gov/content/agriculture-natural-resources-1. GreenCO supports this bill as amended.
SB25-128, Agricultural Worker Service Providers Access Private Property, passed out of the House Ag committee on March 17 and was expected to pass the House floor on third reading on March 25. While this bill may not apply to all our members, it is important for the private property rights of all business owners. This bill repeals certain provisions of the Ag Workers’ Bill of Rights from 2021 that are unconstitutional.
March 19, 2025
In general, the 2025 legislative session has been favorable for our industry. Bills which GreenCO has objected to have been amended or are facing widespread opposition, and bills which GreenCO supports have generally been winding their way through the process successfully.
SB25-128, Agricultural Worker Service Providers Access Private Property, passed out of the House Ag committee on March 17 and is now headed to the House floor for a 2nd reading. While this bill may not apply to all our members, it is important for the private property rights of all business owners. This bill repeals certain provisions of the Ag Workers’ Bill of Rights from 2021 that are unconstitutional.
HB25-1286, Protecting Workers from Extreme Temperatures, has not been heard in committee yet, The first committee appearance was delayed as sponsors work with opponents to find amendments acceptable to both sides. Opponents argue that these specific worker protections are already covered by OSHA rules. Colorado’s ag employers already follow a set of more specific rules for worker heat protection. This bill is expected to be heard in committee on Thursday March 27, and CNGA and ALCC are expecting to testify.
SB25-039, Agricultural Buildings Exempt from Energy Use Requirements, is awaiting the Governor’s signature. While agricultural buildings were called out as exempt in the original bill requiring annual energy use assessments, many of our members dealt with bureaucratic hassles in establishing with the state that their greenhouses were exempt. This bill should help clarify agriculture’s position.
Click here to see a list of all the bills GreenCO is tracking, and has taken positions on: https://app.coloradocapitolwatch.com/bill-tracker-votes/0/1550/2025/0/
March 4, 2025
SB25-128, Agricultural Worker Service Providers Access Private Property, passed out of the Senate Ag committee on February 27. While this bill may not apply to all our members, it is important for the private property rights of all business owners.
CNGA has been participating with other ag groups in a lawsuit against the state of Colorado concerning the constitutionality of this section of Senate Bill 21-087 (2021). Adopted by the General Assembly in 2021, Senate Bill 87 requires that agricultural employers allow so-called “key service providers” access to any location on their property, without notice, whenever they wish to contact an employee who is on a break or otherwise not working
SB25-128 repeals specific provisions of this bill. This action is in response to the U.S. Supreme Court’s decision in Cedar Point Nursery v. Hassid (2021), which determined that granting third-party access to private agricultural property constitutes a per se physical taking, thereby requiring just compensation under the Fifth and Fourteenth Amendments. Consequently, the Colorado General Assembly has identified similar provisions in its laws as unconstitutional and unenforceable, leading to their repeal.
The repealed provisions had been part of Senate Bill 21-087, known as the Agricultural Workers’ Rights law, enacted in June 2021. This law aimed to enhance labor protections for agricultural workers, including ensuring their access to key service providers such as healthcare workers, legal advocates, and educators. However, following the Cedar Point Nursery ruling, these access provisions were challenged legally, with opponents arguing that they infringed upon property owners’ rights by allowing unauthorized entry onto private land.
By repealing these specific access provisions, the bill seeks to align Colorado’s statutes with constitutional requirements, balancing the property rights of agricultural employers with the need to protect workers’ access to essential services.
