Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0351.01 Sarah Lozano x3858
HOUSE BILL 22-1345
House Committees Senate Committees
Energy & Environment
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCREASE PROTECTIONS FROM101
PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill enacts the "Perfluoroalkyl and Polyfluoroalkyl
Chemicals Consumer Protection Act" to establish a regulatory scheme
that collects information from product manufacturers regarding the use
of perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals) in
their products and phases out the sale or distribution of products that
contain intentionally added PFAS chemicals. Section 1 requires
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Cutter and Bradfield,
SENATE SPONSORSHIP
Gonzales and Lee,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. manufacturers of products that are sold or distributed in the state and that
contain intentionally added PFAS chemicals to provide written
notification (notification) to the executive director (executive director) of
the Colorado department of public health and environment (department)
that provides:
! The trade name of the product;
! A description of the purpose that PFAS chemicals serve in
the product;
! Contact information for the manufacturer; and
! Any additional information required by the executive
director.
For manufacturers that were already selling or distributing a
product containing intentionally added PFAS chemicals in the state before
January 1, 2025, the notification must be made no later than 30 days
before January 1, 2025. For manufacturers that begin to sell or distribute
a product containing intentionally added PFAS chemicals in the state on
or after January 1, 2025, the notification must be made at least 30 days
after the manufacturer begins selling or distributing the product in the
state.
No later than 30 days after the executive director receives a
notification, the executive director shall publish the trade name of the
product and manufacturer name on the department's website. A
manufacturer submitting the notification to the executive director must
pay a fee established by the executive director. The fee will be credited
to the perfluoroalkyl and polyfluoroalkyl substances cash fund (fund).
On and after January 1, 2024, a person shall not sell or distribute
in the state any products in the following product categories if the
products contain intentionally added PFAS chemicals:
! Carpets or rugs;
! Cookware;
! Cosmetics;
! Fabric treatments;
! Food packaging;
! Juvenile products;
! Oil and gas products;
! Textile furnishings; and
! Upholstered furniture.
No later than January 1, 2025, the executive director will identify
by rule a list of priority products and priority product categories. No later
than December 31, 2027, the executive director will promulgate rules
prohibiting the sale or distribution of said priority products or priority
product categories that contain intentionally added PFAS chemicals and
that have not been exempted by the executive director.
No later than January 1, 2028, the executive director will identify
by rule another list of priority products or priority product categories. No
1345
-2- later than December 31, 2030, the executive director will promulgate
rules prohibiting the sale or distribution of said priority products or
priority product categories that contain intentionally added PFAS
chemicals and that have not been exempted by the executive director.
A manufacturer or consumer that applies for an exemption for a
priority product or priority product category identified by the executive
director must pay a fee established by the executive director. The fee will
be credited to the fund.
Section 2 includes products that do not contain intentionally added
PFAS chemicals in the definition of "environmentally preferable
products" for the purposes of state agency procurement.
The bill also:
! Defines certain terminology (section 3);
! As of January 1, 2024, repeals the exemption for gasoline
distribution facilities, refineries, and chemical plants from
the restriction (sales restriction) on the sale of class B
firefighting foam (firefighting foam) that contains PFAS
chemicals (section 4);
! As of January 1, 2024, allows the executive director to
grant a temporary exemption from the sales restriction for
the purchase of firefighting foam that is used to extinguish
class B fires at a facility that engages in the wholesale
distribution of crude petroleum (section 4);
! Requires a person that uses firefighting foam to prohibit a
release of the firefighting foam into the environment, fully
contain the firefighting foam during its use, safely store the
firefighting foam, and report certain information to the
water quality spills hotline within 24 hours if there is a
release of the firefighting foam into the environment
(section 5);
! Requires a person that uses firefighting foam to report its
use to the water quality spills hotline within 24 hours after
the use (section 5); and
! Authorizes the attorney general to enforce laws regulating
firefighting foams that contain PFAS chemicals (section 6).
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add
part 6 to article2
15 of title 25 as follows:3
PART 64
PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS5
1345-3- 25-15-601. Short title. T HE SHORT TITLE OF THIS PART 14 IS THE1
"P
ERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS CONSUMER2
P
ROTECTION ACT".3
25-15-602. Legislative declaration. (1) T HE GENERAL ASSEMBLY4
HEREBY FINDS AND DECLARES THAT :5
(a) C
ONTAMINATION OF THE SOIL AND WATER IN THE STATE FROM6
PFAS
CHEMICALS POSES A SIGNIFICANT THREAT TO THE ENVIRONMENT OF7
THE STATE AND THE HEALTH OF ITS RESIDENTS ;8
(b) A
GROWING BODY OF SCIENTIFIC RESEARCH HAS FOUND THAT9
EXPOSURE TO PFAS CHEMICALS MAY LEAD TO SERIOUS AND HARMFUL10
HEALTH EFFECTS;11
(c) T
HE FULL EXTENT OF THE CONTAMINATION OF PFAS12
CHEMICALS IN THE SOIL AND WATER OF THE STATE IS NOT CURRENTLY13
KNOWN BUT IS ANTICIPATED TO BE WIDESPREAD AND TO REQUIRE A14
SIGNIFICANT EXPENDITURE OF RESOURCES TO BE IDENTIFIED AND15
REMEDIATED;16
(d) PFAS
CHEMICALS CONTINUE TO BE USED IN PRODUCTS ACROSS17
A VARIETY OF INDUSTRIES AND FOR MANY DIFFERENT PURPOSES ;18
(e) PFAS
CHEMICALS ARE NOT NECESSARY IN MANY PRODUCTS19
AND COULD BE REPLACED WITH LESS HARMFUL CHEMICALS OR20
TECHNOLOGIES; AND21
(f) I
F THE WIDESPREAD SALE AND DISTRIBUTION OF PRODUCTS22
THAT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS CONTINUES IN23
THE STATE:24
(I)
THERE IS A LARGER RISK OF PFAS CHEMICALS MIGRATING INTO25
THE NATURAL ENVIRONMENT ;26
(II) R
ESIDENTS OF THE STATE WILL LIKELY SUFFER ADVERSE27
1345
-4- HEALTH EFFECTS FROM EXPOSURE TO PFAS CHEMICALS; AND1
(III) T
HE STATE AND LOCAL COMMUNITIES WILL BE BURDENED2
WITH THE TESTING, MONITORING, AND CLEAN-UP COSTS NECESSARY TO3
KEEP RESIDENTS SAFE FROM EXPOSURE TO PFAS CHEMICALS.4
(2) T
HE GENERAL ASSEMBLY THEREFORE DETERMINES AND5
DECLARES THAT IT IS IMPERATIVE FOR THE HEALTH AND SAFETY OF THE6
STATE'S RESIDENTS TO CREATE A REGULATORY SCHEME
THAT PHASES7
8
OUT THE SALE OR DISTRIBUTION OF CERTAIN PRODUCTS AND9
PRODUCT CATEGORIES IN THE STATE THAT CONTAIN INTENTIONALLY10
ADDED PFAS CHEMICALS.11
25-15-603. Definitions. A S USED IN THIS PART 14, UNLESS THE12
CONTEXT OTHERWISE REQUIRES :13
(1) "A
DULT MATTRESS" MEANS A MATTRESS PRODUCT THAT IS NOT14
A CRIB OR A TODDLER MATTRESS.15
(2) "C
ARPET OR RUG" MEANS A FABRIC PRODUCT MARKETED OR16
INTENDED FOR USE AS A FLOOR
COVERING IN HOUSEHOLDS OR BUSINESSES.17
(3) "C
ONSUMER" MEANS THE END USER OF A PRODUCT.18
(4) (a) "C
OOKWARE" MEANS A DURABLE HOUSEWARE PRODUCT19
THAT IS USED IN RESIDENCES
OR KITCHENS TO PREPARE, DISPENSE, OR20
STORE FOOD OR BEVERAGES.21
(b) "C
OOKWARE" INCLUDES POTS, PANS, SKILLETS, GRILLS, BAKING22
SHEETS, BAKING MOLDS, TRAYS, BOWLS, AND COOKING UTENSILS.23
(5) (a) "C
OSMETIC" MEANS A PRODUCT THAT IS INTENDED TO BE24
RUBBED OR INTRODUCED INTO; POURED, SPRINKLED, OR SPRAYED ON; OR25
OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANING , CLEANSING,26
BEAUTIFYING, PROMOTING ATTRACTIVENESS , OR ALTERING THE27
1345
-5- APPEARANCE.1
(b) "C
OSMETIC" INCLUDES A SKIN MOISTURIZER , PERFUME,2
LIPSTICK, NAIL POLISH, EYE OR FACIAL MAKEUP PREPARATION, SHAMPOO,3
CONDITIONER, PERMANENT WAVE, HAIR DYE,
AND DEODORANT.4
(c) "C
OSMETIC" DOES NOT INCLUDE A PRODUCT THAT REQUIRES A5
PRESCRIPTION FOR DISTRIBUTION OR DISPENSATION .6 7
(6) "DEPARTMENT" MEANS THE COLORADO DEPARTMENT OF8
PUBLIC HEALTH AND ENVIRONMENT .9
(7) "DRILLING FLUID" MEANS A FLUID THAT IS CIRCULATED INTO10
THE BOREHOLE OF A WELL TO LUBRICATE AND COOL THE DRILL BIT .11
(8) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF12
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.13
(9) "FABRIC TREATMENT" MEANS A PRODUCT APPLIED TO FABRIC14
TO GIVE THE FABRIC ONE OR MORE CHARACTERISTICS , INCLUDING STAIN15
RESISTANCE AND WATER RESISTANCE .16
17
(10) "FOOD PACKAGE" OR "FOOD PACKAGING" MEANS A PACKAGE18
OR PACKAGING COMPONENT USED IN DIRECT CONTACT WITH FOOD AND19
THAT IS COMPOSED, IN SUBSTANTIAL PART, OF PAPER, PAPERBOARD, OR20
OTHER MATERIALS ORIGINALLY DERIVED FROM PLANT FIBERS .21
22
(11) "HYDRAULIC FRACTURING FLUID " MEANS THE FLUID ,23
INCLUDING THE APPLICABLE BASE FLUID AND ANY ADDITIVES , INJECTED24
INTO AN OIL OR GAS WELL TO PERFORM HYDRAULIC FRACTURING25
OPERATIONS.26
(12) (a) "INTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFAS27
1345
-6- CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A1
PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE2
PRODUCT.3
(b) "I
NTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFAS4
CHEMICALS THAT ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED5
CHEMICAL.6 (13) (a) "JUVENILE PRODUCT" MEANS A PRODUCT DESIGNED FOR7
USE BY INFANTS OR CHILDREN UNDER TWELVE YEARS OF AGE .8
(b) "J
UVENILE PRODUCT" INCLUDES:9
(I) B
ASSINETS AND OTHER BEDSIDE SLEEPERS ;10
(II) B
OOSTER SEATS, CAR SEATS, AND OTHER CHILD RESTRAINT11
SYSTEMS;12
(III) C
HANGING PADS;13
(IV) C
O-SLEEPERS;14
(V) C
RIB OR TODDLER MATTRESSES;15
(VI) F
LOOR PLAY MATS;16
(VII) H
IGHCHAIRS AND HIGHCHAIR PADS;17
(VIII) I
NFANT BOUNCERS;18
(IX) I
NFANT CARRIERS;19
(X) I
NFANT OR TODDLER FOAM PILLOWS ;20
(XI) I
NFANT SEATS;21
(XII) I
NFANT SLEEP POSITIONERS;22
(XIII) I
NFANT SWINGS;23
(XIV) I
NFANT TRAVEL BEDS;24
(XV) I
NFANT WALKERS;25
(XVI) N
AP COTS;26
(XVII) N
URSING PADS AND PILLOWS;27
1345
-7- (XVIII) PLAY MATS;1
(XIX) P
LAYPENS;2
(XX) P
LAY YARDS;3
(XXI) P
OLYURETHANE FOAM MATS , PADS, OR PILLOWS;4
(XXII) P
ORTABLE FOAM NAP MATS ;5
(XXIII) P
ORTABLE INFANT SLEEPERS AND HOOK -ON CHAIRS;6
(XXIV) S
OFT-SIDED PORTABLE CRIBS; AND7
(XXV) S
TROLLERS.8
(c) "J
UVENILE PRODUCT" DOES NOT INCLUDE:9
(I) E
LECTRONIC PRODUCTS, INCLUDING:10
(A) P
ERSONAL COMPUTERS AND ANY ASSOCIATED EQUIPMENT ;11
(B) A
UDIO AND VIDEO EQUIPMENT;12
(C) C
ALCULATORS;13
(D) W
IRELESS PHONES;14
(E) G
AMING CONSOLES;15
(F) H
ANDHELD DEVICES INCORPORATING A VIDEO SCREEN ; AND16
(G) A
NY ASSOCIATED PERIPHERAL DEVICE SUCH AS A MOUSE ,17
KEYBOARD, POWER SUPPLY UNIT, OR POWER CORD;18
19
(II) AN INTERNAL COMPONENT OF A JUVENILE PRODUCT THAT20
WOULD NOT COME INTO DIRECT CONTACT WITH A CHILD 'S SKIN OR MOUTH21
DURING REASONABLY FORESEEABLE USE AND ABUSE OF THE PRODUCT ; OR22
(III) ADULT MATTRESSES.23
(14) (a) "MANUFACTURER" MEANS THE PERSON THAT24
MANUFACTURES OR ASSEMBLES A PR ODUCT OR WHOSE BR AND NAME IS25
AFFIXED TO A PRODUCT.26
(b) "M
ANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO27
1345
-8- THE UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A1
PRESENCE IN THE UNITED STATES, THE IMPORTER OR FIRST DOMESTIC2
DISTRIBUTOR OF THE PRODUCT.3
(15) "OIL AND GAS OPERATIONS" HAS THE MEANING SET FORTH IN4
SECTION 34-60-103 (6.5).5
(16) "OIL AND GAS PRODUCTS" MEANS HYDRAULIC FRACTURING6
FLUIDS, DRILLING FLUIDS, AND PROPPANTS.7
(17) "PACKAGE" MEANS MATERIAL THAT IS INTENDED OR USED TO8
CONTAIN, PROTECT, HANDLE, DELIVER, OR PRESENT A PRODUCT.9
(18) "PACKAGING COMPONENT " MEANS AN INDIVIDUAL PART OF A10
PACKAGE, INCLUDING INTERIOR OR EXTERIOR BLOCKING , BRACING,11
CUSHIONING, WEATHERPROOFING , EXTERIOR STRAPPING, COATINGS,12
CLOSURES, INKS, AND LABELS.13
(19) "PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION14
25-5-1302
(7).15 16
(20) (a) "PRODUCT" MEANS AN ITEM THAT IS MANUFACTURED ,17
ASSEMBLED, OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO18
CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERSONAL ,19
RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USE, INCLUDING FOR USE IN20
MAKING OTHER PRODUCTS .21
(b) "P
RODUCT" INCLUDES ANY PRODUCT COMPONENTS .22 (c) "PRODUCT" INCLUDES THE PACKAGING USED FOR THE23
PRODUCTS DESCRIBED IN SUBSECTION (20)(d)(I) AND (20)(d)(II) OF THIS24
SECTION.25
(d) "PRODUCT" DOES NOT INCLUDE:26
(I) DRUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS27
1345
-9- APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG1
ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE ; OR2
(II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL3
ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS .4
(e) "PRODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR5
SALE OR RESALE.6
(21) "PRODUCT CATEGORY " MEANS A CLASS OR DIVISION OF7
PRODUCTS THAT SHARE RELATED CHARACTERISTICS .8
(22) "PRODUCT COMPONENT " MEANS AN IDENTIFIABLE9
COMPONENT OF A PRODUCT , REGARDLESS OF WHETHER THE10
MANUFACTURER OF THE PR ODUCT IS THE MANUFACTURER OF THE11
COMPONENT.12
(23) "PROPPANTS" MEANS MATERIALS THAT ARE INSERTED OR13
INJECTED INTO AN UNDERGROUND GEOLOGIC FORMATION DURING OIL AND14
GAS OPERATIONS IN ORDER TO PREVENT FRACTURES FROM CLOSING .15
16
17
(24) (a) "TEXTILE" MEANS ANY PRODUCT MADE IN WHOLE OR IN18
PART FROM A NATURAL OR SYNTHETIC FIBER , YARN, OR FABRIC.19
(b) "T
EXTILE" INCLUDES LEATHER, COTTON, SILK, JUTE, HEMP,20
WOOL, NYLON, AND POLYESTER.21
(c) "T
EXTILE" DOES NOT INCLUDE TEXTILES USED IN MEDICAL ,22
PROFESSIONAL, OR INDUSTRIAL SETTINGS.23
(25) (a) "TEXTILE FURNISHINGS" MEANS TEXTILES OF A TYPE24
CUSTOMARILY USED IN HOUSEHOLDS AND BUSINESSES , INCLUDING25
DRAPERIES, FLOOR COVERINGS, FURNISHINGS, BEDDING, TOWELS, AND26
TABLECLOTHS.27
1345
-10- (b) "TEXTILE FURNISHINGS" DOES NOT INCLUDE TEXTILE1
FURNISHINGS USED IN MEDICAL, PROFESSIONAL, OR INDUSTRIAL SETTINGS.2
(26) "UPHOLSTERED FURNITURE " MEANS ANY ARTICLE OF3
FURNITURE THAT IS:4
(a) D
ESIGNED FOR SITTING, RESTING, OR RECLINING; AND5
(b) W
HOLLY OR PARTIALLY STUFFED WITH FILLING MATERIAL .6
7
25-15-604. Prohibition - identification of the list of priority8
products - rules. (1) ON AND AFTER JANUARY 1, 2024, A PERSON9
SHALL NOT SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE10
FOR USE IN THE STATE ANY PRODUCT IN ANY OF THE FOLLOWING PRODUCT11
CATEGORIES IF THE PRODUCT CONTAINS INTENTIONALLY ADDED PFAS12
CHEMICALS:13
(a) CARPETS OR RUGS;14
15
(b) COSMETICS;16
(c) FABRIC TREATMENTS;17
(d) FOOD PACKAGING;18
(e) JUVENILE PRODUCTS;19
(f) OIL AND GAS PRODUCTS;20
(g) TEXTILE FURNISHINGS; AND21
(h) UPHOLSTERED FURNITURE.22
(2) (a) ON AND AFTER JANUARY 1, 2024, A23
MANUFACTURER OF COOKWARE SOLD IN THE STATE THAT CONTAINS24
INTENTIONALLY ADDED PFAS CHEMICALS IN THE HANDLE OF THE25
PRODUCT OR IN ANY PRODUCT SURFACE THAT COMES INTO CONTACT WITH26
FOOD, FOODSTUFFS, OR BEVERAGES SHALL LIST THE PRESENCE OF PFAS27
1345
-11- CHEMICALS ON THE PRODUCT LABEL AND SHALL INCLUDE ON THE PRODUCT1
LABEL A STATEMENT, IN BOTH ENGLISH AND SPANISH, THAT READS: "FOR2
MORE INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT"3
FOLLOWED BY BOTH OF THE FOLLOWING :4
(I) AN INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT5
PROVIDES INFORMATION ABOUT WHY THE PFAS CHEMICALS ARE6
INTENTIONALLY ADDED; AND7
(II) A QUICK RESPONSE (QR) CODE OR OTHER MACHINE-READABLE8
CODE, CONSISTING OF AN ARRAY OF SQUARES, USED FOR STORING AN9
INTERNET WEBSITE FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT10
WHY THE PFAS CHEMICALS ARE INTENTIONALLY ADDED .11
(b) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL12
ENSURE THAT THE STATEMENT REQUIRED ON THE PRODUCT LABEL BY 13
SUBSECTION (2)(a) OF THIS SECTION IS VISIBLE AND LEGIBLE TO THE14
CONSUMER, INCLUDING ON THE PRODUCT LISTING FOR ONLINE SALES .15
(c) COOKWARE THAT MEETS BOTH OF THE FOLLOWING16
REQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OF THIS SUBSECTION17
(2):18
(I) THE SURFACE AREA OF THE COOKWARE CANNOT FIT A PRODUCT19
LABEL OF AT LEAST TWO SQUARE INCHES ; AND20
(II) THE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING:21
(A) AN EXTERIOR CONTAINER OR WRAPPER ON WHICH A PRODUCT22
LABEL CAN APPEAR OR BE AFFIXED; AND23
(B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT24
THE PRODUCT ATTACHED TO THE COOKWARE .25
(d) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL26
ENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCT27
1345
-12- LABEL BY SUBSECTION (2)(a) OF THIS SECTION IS INCLUDED ON THE1
PRODUCT LISTING FOR ONLINE SALES PURSUANT TO SUBSECTION (2)(b) OF2
THIS SECTION.3
(e) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER SHALL4
NOT MAKE A CLAIM, ON THE COOKWARE PACKAGE, THAT THE COOKWARE5
IS FREE OF ANY PFAS CHEMICALS UNLESS NO INDIVIDUAL PFAS6
CHEMICAL IS INTENTIONALLY ADDED TO THE COOKWARE .7
(f) COOKWARE THAT CONTAINS ONE OR MORE INTENTIONALLY8
ADDED PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY9
PRODUCT SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS,10
OR BEVERAGES SHALL NOT BE SOLD, OFFERED FOR SALE, OR DISTRIBUTED11
IN THE STATE UNLESS THE COOKWARE AND THE MANUFACTURER OF THE12
COOKWARE COMPLY WITH THIS PART 6.13
SECTION 2. In Colorado Revised Statutes, 24-103-904, amend14
(1) as follows:15
24-103-904. Purchasing preference for environmentally16
preferable products - definitions. (1) As used in this section, unless the17
context otherwise requires:18
(a) "Environmentally preferable products" means products,19
INCLUDING PRODUCTS THAT DO NOT CONTAIN INTENTIONALLY ADDED20
PFAS
CHEMICALS, that have a lesser or reduced adverse effect on human21
health and the environment when compared with competing products that22
serve the same purpose. The product comparison may consider such23
factors as the availability of any raw materials used in the product being24
purchased and the availability, use, production, safe operation,25
maintenance, packaging, distribution, disposal, or recyclability of the26
product being purchased.27
1345
-13- (b) "INTENTIONALLY ADDED PFAS CHEMICALS" HAS THE MEANING1
SET FORTH IN SECTION 25-15-603 (12).2
SECTION 3. In Colorado Revised Statutes, 25-5-1302, add (1.5),3
(3.6), (5.8), (7.5), (9), and (10) as follows:4
25-5-1302. Definitions. As used in this part 13, unless the context5
otherwise requires:6
(1.5) "C
LASS B FIRE" MEANS A FIRE INVOLVING FLAMMABLE7
LIQUIDS OR GASES, INCLUDING PETROLEUM, PAINT, ALCOHOL, SOLVENT,8
OIL, AND TAR.9
(3.6) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF10
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.11
(5.8) "I
NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE12
MEANING SET FORTH IN SECTION
25-15-603 (12).13
(7.5) "R
ELEASE" MEANS ANY SPILLING, LEAKING, PUMPING,14
POURING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING,15
DUMPING, OR DISPOSING OF A CHEMICAL INTO THE ENVIRONMENT .16
(9) "T
ERMINAL" MEANS A FACILITY THAT ENGAGES IN THE17
WHOLESALE DISTRIBUTION OF CRUDE PETROLEUM AND PETROLEUM18
PRODUCTS, INCLUDING LIQUIFIED PETROLEUM GAS FROM BULK LIQUID19
STORAGE FACILITIES.20
(10) "W
ATER QUALITY SPILLS HOTLINE " MEANS THE PHONE21
SYSTEM CREATED AND MAINTAINED BY THE DEPARTMENT FOR THE22
REPORTING OF SPILLS OR DISCHARGES INTO STATE WATERS TO THE23
DEPARTMENT.24
25
SECTION 4. In Colorado Revised Statutes, add 25-5-1303.5 as26
follows:27
1345
-14- 25-5-1303.5. Restriction on use of certain firefighting foams.1
(1) B
EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B2
FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS3
CHEMICALS SHALL:4
(a) N
OT ALLOW A RELEASE OF THE CLASS B FIREFIGHTING FOAM;5
(b) F
ULLY CONTAIN THE CLASS B FIREFIGHTING FOAM BY6
IMPLEMENTING APPROPRIATE CONTAINMENT MEASURES , WHICH MAY7
INCLUDE BUNDS AND PONDS, THAT:8
(I) A
RE CONTROLLED;9
(II) A
RE IMPERVIOUS TO PFAS CHEMICALS; AND10
(III) D
O NOT ALLOW THE CLASS B FIREFIGHTING FOAM OR ANY11
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, OR OTHER WASTE TO BE12
RELEASED;13
(c) S
AFELY STORE ALL CLASS B FIREFIGHTING FOAM AND ANY14
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE IN A15
WAY THAT PREVENTS THEIR RELEASE UNTIL THE FEDERAL16
ENVIRONMENTAL PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE17
PROPER DISPOSAL AND DESTRUCTION METHODS FOR PFAS CHEMICALS.18
A
FTER THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS19
PUBLISHED GUIDANCE ON THE PROPER DISPOSAL AND DESTRUCTION20
METHODS FOR PFAS CHEMICALS, THE PERSON THAT USES THE CLASS B21
FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS22
CHEMICALS SHALL DISPOSE OF AND DESTROY THE CLASS B FIREFIGHTING23
FOAM IN ACCORDANCE WITH SUCH GUIDANCE .24
(d) I
F THERE IS A RELEASE OF THE CLASS B FIREFIGHTING FOAM OR25
ANY ASSOCIATED FIREWATER , WASTEWATER, RUNOFF, OR OTHER WASTE,26
REPORT THE FOLLOWING INFORMATION TO THE WATER QUALITY SPILLS27
1345
-15- HOTLINE WITHIN TWENTY-FOUR HOURS AFTER ITS RELEASE:1
(I) T
HE TRADE NAME AND PRODUCT NAME OF THE CLASS B2
FIREFIGHTING FOAM;3
(II) T
HE QUANTITY OF CLASS B FIREFIGHTING FOAM USED THAT4
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS;5
(III) T
HE AMOUNT AND TYPE OF PFAS CHEMICALS IN THE CLASS6
B
FIREFIGHTING FOAM; AND7
(IV) T
HE AMOUNT OF CLASS B FIREFIGHTING FOAM OR ANY8
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE THAT9
IS RELEASED; AND10
(e) D
OCUMENT ANY MEASURES UNDERTAKEN PURSUANT TO THE11
REQUIREMENTS OF THIS SECTION. IN INVESTIGATING COMPLIANCE WITH12
THE REQUIREMENTS OF THIS SECTION , THE ATTORNEY GENERAL MAY13
REQUEST THAT THE PERSON PROVIDE THE DOCUMENTATION CREATED14
PURSUANT TO THE REQUIREMENTS OF THIS SUBSECTION (1)(e) TO THE15
ATTORNEY GENERAL.16
(2) B
EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B17
FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PFAS18
CHEMICALS MUST REPORT THE USE OF THE CLASS B FIREFIGHTING FOAM TO19
THE WATER QUALITY SPILLS HOTLINE WITHIN TWENTY -FOUR HOURS AFTER20
ITS USE.21
(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS22
SECTION, THE RESTRICTIONS AND REQUIREMENTS IN SUBSECTIONS (1) AND23
(2)
OF THIS SECTION DO NOT APPLY TO THE USE OF CLASS B FIREFIGHTING24
FOAM WHERE THE INCLUSION OF PFAS CHEMICALS IS REQUIRED OR25
AUTHORIZED BY FEDERAL LAW, INCLUDING 14 CFR 139, OR IMPLEMENTED26
IN ACCORDANCE WITH FEDERAL AVIATION ADMINISTRATION GUI DANCE , OR27
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-16- OTHERWISE REQUIRED FOR A MILITARY PURPOSE .1
(b) IF THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE2
LAWS, GUIDANCE, OR REQUIREMENTS DESCRIBED IN SUBSECTION (3)(a) OF3
THIS SECTION NO LONGER APPLY TO A PARTICULAR INDUSTRY OR SECTOR,4
THE EXECUTIVE DIRECTOR SHALL PROVIDE NOTICE ON THE DEPARTMENT'S5
WEBSITE OF THIS DETERMINATION AND SHALL PROMULGATE RULES6
PROHIBITING USERS OF CLASS B FIREFIGHTING FOAM WITHIN THAT7
INDUSTRY OR SECTOR FROM USING CLASS B FIREFIGHTING FOAM IN8
VIOLATION OF THIS SECTION, WHICH RULES SHALL APPLY NO SOONER THAN9
TWO YEARS AFTER THE EXECUTIVE DIRECTOR 'S DETERMINATION.10
SECTION 5. In Colorado Revised Statutes, amend 25-5-1307 as11
follows:12
25-5-1307. Civil penalty. (1) A manufacturer or a person who13
violates the provisions of this part 13 is subject to a civil penalty not to14
exceed five thousand dollars for each violation in the case of a first15
offense. A manufacturer or a person who violates this part 13 repeatedly16
is subject to a civil penalty not to exceed ten thousand dollars for each17
repeat offense. Penalties collected under this part 13 must be deposited18
in the local firefighter safety and disease prevention fund created in19
section 24-33.5-1231.20
(2) T
HE ATTORNEY GENERAL HAS THE AUTHORITY TO ENFORCE21
THIS PART 13 AND TO CONDUCT CIVIL INVESTIGATIONS AND BRING CIVIL22
ACTIONS FOR VIOLATIONS OF THIS PART 13.23
SECTION 6. In Colorado Revised Statutes, 25-5-1309, amend24
(1) introductory portion as follows:25
25-5-1309. Restriction on the use of certain firefighting foam26
at certain airports - definitions. (1) Beginning January 1, 2023 2024,27
1345
-17- the use of class B firefighting foam that contains intentionally added1
perfluoroalkyl and polyfluoroalkyl substances shall be prohibited at2
structures used for the storage or maintenance of aircraft where the3
structure is located in an airport that:4
SECTION 7. Safety clause. The general assembly hereby finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety.7
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