Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0351.01 Sarah Lozano x3858
HOUSE BILL 22-1345
House Committees Senate Committees
Energy & Environment Finance
Finance Appropriations
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
SENATE
Amended 3rd Reading
May 9, 2022
SENATE
Amended 2nd Reading
May 6, 2022
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Cutter and Bradfield, Amabile, Bacon, Bernett, Bird, Boesenecker, Duran, Exum,
Froelich, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Michaelson Jenet, Ricks,
Sirota, Sullivan, Titone, Valdez A.
SENATE SPONSORSHIP
Gonzales and Lee, Bridges, Buckner, Danielson, Donovan, Fenberg, Fields, Hansen,
Jaquez Lewis, Kolker, Moreno, Pettersen, Story, Winter, Zenzinger
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 - repeal. AS USED IN THIS PART 14, UNLESS12
THE 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
(d) (I) "C
OSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS
7
USED AS PROPELLANTS IN COSMETICS.8
(II) T
HIS SUBSECTION (5)(d) IS REPEALED EFFECTIVE JANUARY 1,
9
2027.10
11
(6) "DEPARTMENT" MEANS THE COLORADO DEPARTMENT OF12
PUBLIC HEALTH AND ENVIRONMENT .13
(7) "DRILLING FLUID" MEANS A FLUID THAT IS CIRCULATED INTO14
THE BOREHOLE OF A WELL TO LUBRICATE AND COOL THE DRILL BIT .15
(8) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF16
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.17
(9) (a) "FABRIC TREATMENT" MEANS A PRODUCT APPLIED TO18
FABRIC TO GIVE THE FABRIC ONE OR MORE CHARACTERISTICS , INCLUDING19
STAIN RESISTANCE AND WATER RESISTANCE .20
(b) (I) "F
ABRIC TREATMENT " DOES NOT INCLUDE
21
HYDROFLUOROOLEFINS USED AS PROPELLANTS IN FABRIC TREATMENTS .22
(II) T
HIS SUBSECTION (9)(b) IS REPEALED EFFECTIVE JANUARY 1,
23
2027.24
25
(10) "FOOD PACKAGE" OR "FOOD PACKAGING" MEANS A PACKAGE26
OR PACKAGING COMPONENT USED IN DIRECT CONTACT WITH FOOD AND27
1345
-6- THAT IS COMPOSED, IN SUBSTANTIAL PART, OF PAPER, PAPERBOARD, OR1
OTHER MATERIALS ORIGINALLY DERIVED FROM PLANT FIBERS .2
3
(11) "HYDRAULIC FRACTURING FLUID " MEANS THE FLUID ,4
INCLUDING THE APPLICABLE BASE FLUID AND ANY ADDITIVES , INJECTED5
INTO AN OIL OR GAS WELL TO PERFORM HYDRAULIC FRACTURING6
OPERATIONS.7
(12) (a) "INTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFAS8
CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A9
PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE10
PRODUCT.11
(b) "I
NTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFAS12
CHEMICALS THAT ARE INTENTIONAL BREAKDOWN PR ODUCTS OF AN ADDED13
CHEMICAL.14 (13) (a) "JUVENILE PRODUCT" MEANS A PRODUCT DESIGNED FOR15
USE BY INFANTS OR CHILDREN UNDER TWELVE YEARS OF AGE .16
(b) "J
UVENILE PRODUCT" INCLUDES:17
(I) B
ASSINETS AND OTHER BEDSIDE SLEEPERS ;18
(II) B
OOSTER SEATS, CAR SEATS, AND OTHER CHILD RESTRAINT19
SYSTEMS;20
(III) C
HANGING PADS;21
(IV) C
O-SLEEPERS;22
(V) C
RIB OR TODDLER MATTRESSES;23
(VI) F
LOOR PLAY MATS;24
(VII) H
IGHCHAIRS AND HIGHCHAIR PADS;25
(VIII) I
NFANT BOUNCERS;26
(IX) I
NFANT CARRIERS;27
1345
-7- (X) INFANT OR TODDLER FOAM PILLOWS ;1
(XI) I
NFANT SEATS;2
(XII) I
NFANT SLEEP POSITIONERS;3
(XIII) I
NFANT SWINGS;4
(XIV) I
NFANT TRAVEL BEDS;5
(XV) I
NFANT WALKERS;6
(XVI) N
AP COTS;7
(XVII) N
URSING PADS AND PILLOWS;8
(XVIII) P
LAY MATS;9
(XIX) P
LAYPENS;10
(XX) P
LAY YARDS;11
(XXI) P
OLYURETHANE FOAM MATS , PADS, OR PILLOWS;12
(XXII) P
ORTABLE FOAM NAP MATS ;13
(XXIII) P
ORTABLE INFANT SLEEPERS AND HOOK -ON CHAIRS;14
(XXIV) S
OFT-SIDED PORTABLE CRIBS; AND15
(XXV) S
TROLLERS.16
(c) "J
UVENILE PRODUCT" DOES NOT INCLUDE:17
(I) E
LECTRONIC PRODUCTS, INCLUDING:18
(A) P
ERSONAL COMPUTERS AND ANY ASSOCIATED EQUIPMENT ;19
(B) A
UDIO AND VIDEO EQUIPMENT;20
(C) C
ALCULATORS;21
(D) W
IRELESS PHONES;22
(E) G
AMING CONSOLES;23
(F) H
ANDHELD DEVICES INCORPORATING A VIDEO SCREEN ; AND24
(G) A
NY ASSOCIATED PERIPHERAL DEVICE SUCH AS A MOUSE ,25
KEYBOARD, POWER SUPPLY UNIT, OR POWER CORD;26
27
1345
-8- (II) AN INTERNAL COMPONENT OF A JUVENILE PRODUCT THAT1
WOULD NOT COME INTO DIRECT CONTACT WITH A CHILD 'S SKIN OR MOUTH2
DURING REASONABLY FORESEEABLE USE AND ABUSE OF THE PRODUCT ; OR3
(III) ADULT MATTRESSES.4
(14) (a) "MANUFACTURER" MEANS THE PERSON THAT5
MANUFACTURES OR ASSEMBLES A PR ODUCT OR WHOSE BRAND NAME IS6
AFFIXED TO A PRODUCT.7
(b) "M
ANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO8
THE UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A9
PRESENCE IN THE UNITED STATES, THE IMPORTER OR FIRST DOMESTIC10
DISTRIBUTOR OF THE PRODUCT.11(15) "OIL AND GAS OPERATIONS" HAS THE MEANING SET FORTH IN12
SECTION 34-60-103 (6.5).13
(16) "OIL AND GAS PRODUCTS" MEANS HYDRAULIC FRACTURING14
FLUIDS, DRILLING FLUIDS, AND PROPPANTS.15
(17) "PACKAGE" MEANS MATERIAL THAT IS INTENDED OR USED TO16
CONTAIN, PROTECT, HANDLE, DELIVER, OR PRESENT A PRODUCT.17
(18) "PACKAGING COMPONENT " MEANS AN INDIVIDUAL PART OF A18
PACKAGE, INCLUDING INTERIOR OR EXTERIOR BLOCKING , BRACING,19
CUSHIONING, WEATHERPROOFING , EXTERIOR STRAPPING, COATINGS,20
CLOSURES, INKS, AND LABELS.21
(19) "PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION22
25-5-1302
(7).23 24
(20) (a) "PRODUCT" MEANS AN ITEM THAT IS MANUFACTURED ,25
ASSEMBLED, OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO26
CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERS ONAL ,27
1345
-9- RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USE, INCLUDING FOR USE IN1
MAKING OTHER PRODUCTS .2
(b) "P
RODUCT" INCLUDES ANY PRODUCT COMPONENTS .3
4
(c) "PRODUCT" DOES NOT INCLUDE:5
(I) DRUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS6
APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG7
ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE ; OR8
(II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL9
ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS ; OR10
(III) P
ACKAGING USED FOR THE PRODUCTS DESCRIBED IN
11
SUBSECTIONS (20)(c)(I) AND (20)(c)(II) OF THIS SECTION.12
(d) "PRODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR13
SALE OR RESALE.14
(21) "PRODUCT CATEGORY " MEANS A CLASS OR DIVISION OF15
PRODUCTS THAT SHARE RELATED CHARACTERISTICS .16
(22) "PRODUCT COMPONENT " MEANS AN IDENTIFIABLE17
COMPONENT OF A PRODUCT , REGARDLESS OF WHETHER THE18
MANUFACTURER OF THE PRODUCT IS THE M ANUFACTURER OF THE19
COMPONENT.20
(23) "PROPPANTS" MEANS MATERIALS THAT ARE INSERTED OR21
INJECTED INTO AN UNDERGROUND GEOLOGIC FORMATION DURING OIL AND22
GAS OPERATIONS IN ORDER TO PREVENT FRACTURES FROM CLOSING .23
24
25
(24) (a) "TEXTILE" MEANS ANY PRODUCT MADE IN WHOLE OR IN26
PART FROM A NATURAL OR SYNTHETIC FIBER , YARN, OR FABRIC.27
1345
-10- (b) "TEXTILE" INCLUDES LEATHER, COTTON, SILK, JUTE, HEMP,1
WOOL, NYLON, AND POLYESTER.2
(c) "T
EXTILE" DOES NOT INCLUDE TEXTILES USED IN MEDICAL ,3
PROFESSIONAL, OR INDUSTRIAL SETTINGS.4 (25) (a) "TEXTILE FURNISHINGS" MEANS TEXTILES OF A TYPE5
CUSTOMARILY USED IN HOUSEHOLDS AND BUSINESSES , INCLUDING6
DRAPERIES, FLOOR COVERINGS, FURNISHINGS, BEDDING, TOWELS, AND7
TABLECLOTHS.8
(b) "T
EXTILE FURNISHINGS" DOES NOT INCLUDE TEXTILE9
FURNISHINGS USED IN MEDICAL, PROFESSIONAL, OR INDUSTRIAL SETTINGS.10 (26) "UPHOLSTERED FURNITURE " MEANS ANY ARTICLE OF11
FURNITURE THAT IS:12
(a) D
ESIGNED FOR SITTING, RESTING, OR RECLINING; AND13
(b) W
HOLLY OR PARTIALLY STUFFED WITH FILLING MATERIAL .14
15
25-15-604. Prohibition on the sale or distribution of certain16
consumer products that contain intentionally added PFAS chemicals17
- product label requirements for cookware. (1) ON AND AFTER18
J
ANUARY 1, 2024, A PERSON SHALL NOT SELL , OFFER FOR SALE,19
DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE STATE ANY20
PRODUCT IN ANY OF THE FOLLOWING PRODUCT CATEGORIES IF THE21
PRODUCT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS:22 (a) CARPETS OR RUGS;23
24
25
(b) FABRIC TREATMENTS;26
(c) FOOD PACKAGING;27
1345
-11- (d) JUVENILE PRODUCTS; AND1
(e) OIL AND GAS PRODUCTS.2
3
(2) (a) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER4
OF COOKWARE SOLD IN THE STATE THAT CONTAINS INTENTIONALLY ADDED5
PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY PRODUCT6
SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS, OR7
BEVERAGES SHALL LIST THE PRESENCE OF PFAS CHEMICALS ON THE8
PRODUCT LABEL AND SHALL INCLUDE ON THE PRODUCT LABEL A9
STATEMENT, IN BOTH ENGLISH AND SPANISH, THAT READS: "FOR MORE10
INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT , VISIT"11
FOLLOWED BY BOTH OF THE FOLLOWING :12
(I) AN INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT13
PROVIDES INFORMATION ABOUT WHY THE PFAS CHEMICALS ARE14
INTENTIONALLY ADDED; AND15
(II) A QUICK RESPONSE (QR) CODE OR OTHER MACHINE-READABLE16
CODE, CONSISTING OF AN ARRAY OF SQUARES, USED FOR STORING AN17
INTERNET WEBSITE FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT18
WHY THE PFAS CHEMICALS ARE INTENTIONALLY ADDED .19
(b) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL20
ENSURE THAT THE STATEMENT REQUIRED ON THE PRODUCT LABEL BY21
SUBSECTION (2)(a) OF THIS SECTION IS VISIBLE AND LEGIBLE TO THE22
CONSUMER, INCLUDING ON THE PRODUCT LISTING FOR ONLINE SALES .23
(c) COOKWARE THAT MEETS BOTH OF THE FOLLOWING24
REQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OF THIS SUBSECTION25
(2):26
(I) THE SURFACE AREA OF THE COOKWARE CANNOT FIT A PRODUCT27
1345
-12- LABEL OF AT LEAST TWO SQUARE INCHES ; AND1
(II) THE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING:2
(A) AN EXTERIOR CONTAINER OR WRAPPER ON WHICH A PRODUCT3
LABEL CAN APPEAR OR BE AFFIXED; AND4
(B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT5
THE PRODUCT ATTACHED TO THE COOKWARE .6
(d) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL7
ENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCT8
LABEL BY SUBSECTION (2)(a) OF THIS SECTION IS INCLUDED ON THE9
PRODUCT LISTING FOR ONLINE SALES PURSUANT TO SUBSECTION (2)(b) OF10
THIS SECTION.11
(e) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER SHALL12
NOT MAKE A CLAIM, ON THE COOKWARE PACKAGE, THAT THE COOKWARE13
IS FREE OF ANY PFAS CHEMICALS UNLESS NO INDIVIDUAL PFAS14
CHEMICAL IS INTENTIONALLY ADDED TO THE COOKWARE .15
(f) COOKWARE THAT CONTAINS ONE OR MORE INTENTIONALLY16
ADDED PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY17
PRODUCT SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS,18
OR BEVERAGES SHALL NOT BE SOLD, OFFERED FOR SALE, OR DISTRIBUTED19
IN THE STATE UNLESS THE COOKWARE AND THE MANUFACTURER OF THE20
COOKWARE COMPLY WITH THIS PART 6.21
(3) O
N AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT SELL,
22
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE23
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS24
CHEMICALS:25
(a) C
OSMETICS;
26
(b) I
NDOOR TEXTILE FURNISHINGS; AND
27
1345
-13- (c) INDOOR UPHOLSTERED FURNITURE .1
(4) O
N AND AFTER JANUARY 1, 2027, A PERSON SHALL NOT SELL,
2
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE3
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS4
CHEMICALS:5
(a) O
UTDOOR TEXTILE FURNISHINGS; AND
6
(b) O
UTDOOR UPHOLSTERED FURNITURE .
7
SECTION 2. In Colorado Revised Statutes, 24-103-904, amend8
(1) as follows:9
24-103-904. Purchasing preference for environmentally10
preferable products - definitions. (1) As used in this section, unless the11
context otherwise requires:12
(a) "Environmentally preferable products" means products,13
INCLUDING PRODUCTS THAT DO NOT CONTAIN INTENTIONALLY ADDED14
PFAS
CHEMICALS, that have a lesser or reduced adverse effect on human15
health and the environment when compared with competing products that16
serve the same purpose. The product comparison may consider such17
factors as the availability of any raw materials used in the product being18
purchased and the availability, use, production, safe operation,19
maintenance, packaging, distribution, disposal, or recyclability of the20
product being purchased.21
(b) "I
NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE MEANING22
SET FORTH IN SECTION
25-15-603 (12).23
SECTION 3. In Colorado Revised Statutes, 25-5-1302, add (1.5),24
(3.6), (5.8), (7.5), (9), and (10) as follows:25
25-5-1302. Definitions. As used in this part 13, unless the context26
otherwise requires:27
1345
-14- (1.5) "CLASS B FIRE" MEANS A FIRE INVOLVING FLAMMABLE1
LIQUIDS OR GASES, INCLUDING PETROLEUM, PAINT, ALCOHOL, SOLVENT,2
OIL, AND TAR.3
(3.6) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF4
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.5
(5.8) "I
NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE6
MEANING SET FORTH IN SECTION
25-15-603 (12).7
(7.5) "R
ELEASE" MEANS ANY SPILLING, LEAKING, PUMPING,8
POURING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING,9
DUMPING, OR DISPOSING OF A CHEMICAL INTO THE ENVIRONMENT .10
(9) "T
ERMINAL" MEANS A FACILITY THAT ENGAGES IN THE11
WHOLESALE DISTRIBUTION OF CRUDE PETROLEUM AND PETROLEUM12
PRODUCTS, INCLUDING LIQUIFIED PETROLEUM GAS FROM BULK LIQUID13
STORAGE FACILITIES.14
(10) "W
ATER QUALITY SPILLS HOTLINE " MEANS THE PHONE15
SYSTEM CREATED AND MAINTAINED BY THE DEPARTMENT FOR THE16
REPORTING OF SPILLS OR DISCHARGES INTO STATE WATERS TO THE17
DEPARTMENT.18
19
SECTION 4. In Colorado Revised Statutes, add 25-5-1303.5 as20
follows:21
25-5-1303.5. Restriction on use of certain firefighting foams.22
(1) B
EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B23
FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS24
CHEMICALS SHALL:25
(a) N
OT ALLOW A RELEASE OF THE CLASS B FIREFIGHTING FOAM;26
(b) F
ULLY CONTAIN THE CLASS B FIREFIGHTING FOAM BY27
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INCLUDE BUNDS AND PONDS, THAT:2
(I) A
RE CONTROLLED;3
(II) A
RE IMPERVIOUS TO PFAS CHEMICALS; AND4
(III) D
O NOT ALLOW THE CLASS B FIREFIGHTING FOAM OR ANY5
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, OR OTHER WASTE TO BE6
RELEASED;7
(c) S
AFELY STORE ALL CLASS B FIREFIGHTING FOAM AND ANY8
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE IN A9
WAY THAT PREVENTS THEIR RELEASE UNTIL THE FEDERAL10
ENVIRONMENTAL PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE11
PROPER DISPOSAL AND DESTRUCTION METHODS FOR PFAS CHEMICALS.12
A
FTER THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS13
PUBLISHED GUIDANCE ON THE PROPER DISPOSAL AND DESTRUCTION14
METHODS FOR PFAS CHEMICALS, THE PERSON THAT USES THE CLASS B15
FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS16
CHEMICALS SHALL DISPOSE OF AND DESTROY THE CLASS B FIREFIGHTING17
FOAM IN ACCORDANCE WITH SUCH GUIDANCE .18
(d) I
F THERE IS A RELEASE OF THE CLASS B FIREFIGHTING FOAM OR19
ANY ASSOCIATED FIREWATER , WASTEWATER, RUNOFF, OR OTHER WASTE,20
REPORT THE FOLLOWING INFORMATION TO THE WATER QUALITY SPILLS21
HOTLINE WITHIN TWENTY-FOUR HOURS AFTER ITS RELEASE:22
(I) T
HE TRADE NAME AND PRODUCT NAME OF THE CLASS B23
FIREFIGHTING FOAM;24
(II) T
HE QUANTITY OF CLASS B FIREFIGHTING FOAM USED THAT25
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS;26
(III) T
HE AMOUNT AND TYPE OF PFAS CHEMICALS IN THE CLASS27
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(IV) T
HE AMOUNT OF CLASS B FIREFIGHTING FOAM OR ANY2
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE THAT3
IS RELEASED; AND4
(e) D
OCUMENT ANY MEASURES UNDERTAKEN PURSUANT TO THE5
REQUIREMENTS OF THIS SECTION. IN INVESTIGATING COMPLIANCE WITH6
THE REQUIREMENTS OF THIS SECTION , THE ATTORNEY GENERAL MAY7
REQUEST THAT THE PERSON PROVIDE THE DOCUMENTATION CREATED8
PURSUANT TO THE REQUIREMENTS OF THIS SUBSECTION (1)(e) TO THE9
ATTORNEY GENERAL.10
(2) B
EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B11
FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PFAS12
CHEMICALS MUST REPORT THE USE OF THE CLASS B FIREFIGHTING FOAM TO13
THE WATER QUALITY SPILLS HOTLINE WITHIN TWENTY -FOUR HOURS AFTER14
ITS USE.15
(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS16
SECTION, THE RESTRICTIONS AND REQUIREMENTS IN SUBSECTIONS (1) AND17
(2)
OF THIS SECTION DO NOT APPLY TO THE USE OF CLASS B FIREFIGHTING18
FOAM WHERE THE INCLUSION OF PFAS CHEMICALS IS REQUIRED OR19
AUTHORIZED BY FEDERAL LAW, INCLUDING 14 CFR 139, OR IMPLEMENTED20
IN ACCORDANCE WITH FEDERAL AVIATION ADMINISTRATION GUIDANCE , OR21
OTHERWISE REQUIRED FOR A MILITARY PURPOSE .22(b) IF THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE23
LAWS, GUIDANCE, OR REQUIREMENTS DESCRIBED IN SUBSECTION (3)(a) OF24
THIS SECTION NO LONGER APPLY TO A PARTICULAR INDUSTRY OR SECTOR,25
THE EXECUTIVE DIRECTOR SHALL PROVIDE NOTICE ON THE DEPARTMENT'S26
WEBSITE OF THIS DETERMINATION AND SHALL PROMULGATE RULES27
1345
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INDUSTRY OR SECTOR FROM USING CLASS B FIREFIGHTING FOAM IN2
VIOLATION OF THIS SECTION, WHICH RULES SHALL APPLY NO SOONER THAN3
TWO YEARS AFTER THE EXECUTIVE DIRECTOR 'S DETERMINATION.4
SECTION 5. In Colorado Revised Statutes, amend 25-5-1307 as5
follows:6
25-5-1307. Civil penalty. (1) A manufacturer or a person who7
violates the provisions of this part 13 is subject to a civil penalty not to8
exceed five thousand dollars for each violation in the case of a first9
offense. A manufacturer or a person who violates this part 13 repeatedly10
is subject to a civil penalty not to exceed ten thousand dollars for each11
repeat offense. Penalties collected under this part 13 must be deposited12
in the local firefighter safety and disease prevention fund created in13
section 24-33.5-1231.14
(2) T
HE ATTORNEY GENERAL HAS THE AUTHORITY TO ENFORCE15
THIS PART 13 AND TO CONDUCT CIVIL INVESTIGATIONS AND BRING CIVIL16
ACTIONS FOR VIOLATIONS OF THIS PART 13.17
SECTION 6. In Colorado Revised Statutes, 25-5-1309, amend18
(1) introductory portion as follows:19
25-5-1309. Restriction on the use of certain firefighting foam20
at certain airports - definitions. (1) Beginning January 1, 2023 2024,21
the use of class B firefighting foam that contains intentionally added22
perfluoroalkyl and polyfluoroalkyl substances shall be prohibited at23
structures used for the storage or maintenance of aircraft where the24
structure is located in an airport that:25
SECTION 7. Safety clause. The general assembly hereby finds,26
1345
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preservation of the public peace, health, or safety.2
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