Colorado 2022 Regular Session

Colorado House Bill HB1345 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0351.01 Sarah Lozano x3858
1	8		HOUSE BILL 22-1345
2		-	BY REPRESENTATIVE(S) Cutter and Bradfield, Amabile, Bacon,
3		-	Bernett, Bird, Boesenecker, Duran, Exum, Froelich, Hooton, Jodeh, Kipp,
4		-	Lindsay, Lontine, McCormick, Michaelson Jenet, Ricks, Sirota, Sullivan,
5		-	Titone, Valdez A., Herod, Kennedy, McLachlan, Snyder, Tipper, Woodrow;
6		-	also SENATOR(S) Gonzales and Lee, Bridges, Buckner, Danielson,
7		-	Donovan, Fields, Hansen, Jaquez Lewis, Kolker, Moreno, Pettersen, Story,
8		-	Winter, Zenzinger, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Finance
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
9	14		C
10		-	ONCERNING MEASURES TO INCREASE PROTECTIONS FROM
11		-	PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS
12		-	.
	15	+	ONCERNING MEASURES TO INCREASE PROTECTIONS FROM101
	16	+	PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS .102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Section 1 of the bill enacts the "Perfluoroalkyl and Polyfluoroalkyl
	25	+	Chemicals Consumer Protection Act" to establish a regulatory scheme
	26	+	that collects information from product manufacturers regarding the use
	27	+	of perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals) in
	28	+	their products and phases out the sale or distribution of products that
	29	+	contain intentionally added PFAS chemicals. Section 1 requires
	30	+	SENATE
	31	+	Amended 3rd Reading
	32	+	May 9, 2022
	33	+	SENATE
	34	+	Amended 2nd Reading
	35	+	May 6, 2022
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	May 2, 2022
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 29, 2022
	42	+	HOUSE SPONSORSHIP
	43	+	Cutter and Bradfield, Amabile, Bacon, Bernett, Bird, Boesenecker, Duran, Exum,
	44	+	Froelich, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Michaelson Jenet, Ricks,
	45	+	Sirota, Sullivan, Titone, Valdez A.
	46	+	SENATE SPONSORSHIP
	47	+	Gonzales and Lee, Bridges, Buckner, Danielson, Donovan, Fenberg, Fields, Hansen,
	48	+	Jaquez Lewis, Kolker, Moreno, Pettersen, Story, Winter, Zenzinger
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	51	+	Dashes through the words indicate deletions from existing statute. manufacturers of products that are sold or distributed in the state and that
	52	+	contain intentionally added PFAS chemicals to provide written
	53	+	notification (notification) to the executive director (executive director) of
	54	+	the Colorado department of public health and environment (department)
	55	+	that provides:
	56	+	! The trade name of the product;
	57	+	! A description of the purpose that PFAS chemicals serve in
	58	+	the product;
	59	+	! Contact information for the manufacturer; and
	60	+	! Any additional information required by the executive
	61	+	director.
	62	+	For manufacturers that were already selling or distributing a
	63	+	product containing intentionally added PFAS chemicals in the state before
	64	+	January 1, 2025, the notification must be made no later than 30 days
	65	+	before January 1, 2025. For manufacturers that begin to sell or distribute
	66	+	a product containing intentionally added PFAS chemicals in the state on
	67	+	or after January 1, 2025, the notification must be made at least 30 days
	68	+	after the manufacturer begins selling or distributing the product in the
	69	+	state.
	70	+	No later than 30 days after the executive director receives a
	71	+	notification, the executive director shall publish the trade name of the
	72	+	product and manufacturer name on the department's website. A
	73	+	manufacturer submitting the notification to the executive director must
	74	+	pay a fee established by the executive director. The fee will be credited
	75	+	to the perfluoroalkyl and polyfluoroalkyl substances cash fund (fund).
	76	+	On and after January 1, 2024, a person shall not sell or distribute
	77	+	in the state any products in the following product categories if the
	78	+	products contain intentionally added PFAS chemicals:
	79	+	! Carpets or rugs;
	80	+	! Cookware;
	81	+	! Cosmetics;
	82	+	! Fabric treatments;
	83	+	! Food packaging;
	84	+	! Juvenile products;
	85	+	! Oil and gas products;
	86	+	! Textile furnishings; and
	87	+	! Upholstered furniture.
	88	+	No later than January 1, 2025, the executive director will identify
	89	+	by rule a list of priority products and priority product categories. No later
	90	+	than December 31, 2027, the executive director will promulgate rules
	91	+	prohibiting the sale or distribution of said priority products or priority
	92	+	product categories that contain intentionally added PFAS chemicals and
	93	+	that have not been exempted by the executive director.
	94	+	No later than January 1, 2028, the executive director will identify
	95	+	by rule another list of priority products or priority product categories. No
	96	+	1345
	97	+	-2- later than December 31, 2030, the executive director will promulgate
	98	+	rules prohibiting the sale or distribution of said priority products or
	99	+	priority product categories that contain intentionally added PFAS
	100	+	chemicals and that have not been exempted by the executive director.
	101	+	A manufacturer or consumer that applies for an exemption for a
	102	+	priority product or priority product category identified by the executive
	103	+	director must pay a fee established by the executive director. The fee will
	104	+	be credited to the fund.
	105	+	Section 2 includes products that do not contain intentionally added
	106	+	PFAS chemicals in the definition of "environmentally preferable
	107	+	products" for the purposes of state agency procurement.
	108	+	The bill also:
	109	+	! Defines certain terminology (section 3);
	110	+	! As of January 1, 2024, repeals the exemption for gasoline
	111	+	distribution facilities, refineries, and chemical plants from
	112	+	the restriction (sales restriction) on the sale of class B
	113	+	firefighting foam (firefighting foam) that contains PFAS
	114	+	chemicals (section 4);
	115	+	! As of January 1, 2024, allows the executive director to
	116	+	grant a temporary exemption from the sales restriction for
	117	+	the purchase of firefighting foam that is used to extinguish
	118	+	class B fires at a facility that engages in the wholesale
	119	+	distribution of crude petroleum (section 4);
	120	+	! Requires a person that uses firefighting foam to prohibit a
	121	+	release of the firefighting foam into the environment, fully
	122	+	contain the firefighting foam during its use, safely store the
	123	+	firefighting foam, and report certain information to the
	124	+	water quality spills hotline within 24 hours if there is a
	125	+	release of the firefighting foam into the environment
	126	+	(section 5);
	127	+	! Requires a person that uses firefighting foam to report its
	128	+	use to the water quality spills hotline within 24 hours after
	129	+	the use (section 5); and
	130	+	! Authorizes the attorney general to enforce laws regulating
	131	+	firefighting foams that contain PFAS chemicals (section 6).
13	132
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, add part 6 to article 15
16		-	of title 25 as follows:
17		-	PART 6
18		-	PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS
19		-	25-15-601. Short title. T
20		-	HE SHORT TITLE OF THIS PART 6 IS THE
21		-	"PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS CONSUMER
22		-	PROTECTION ACT".
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. 25-15-602. Legislative declaration. (1) T HE GENERAL ASSEMBLY
31		-	HEREBY FINDS AND DECLARES THAT
32		-	:
	133	+	Be it enacted by the General Assembly of the State of Colorado:1
	134	+	SECTION 1. In Colorado Revised Statutes, add
	135	+	part 6 to article2
	136	+	15 of title 25 as follows:3
	137	+	PART 64
	138	+	PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS5
	139	+	1345-3- 25-15-601. Short title. T HE SHORT TITLE OF THIS PART 14 IS THE1
	140	+	"P
	141	+	ERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS CONSUMER2
	142	+	P
	143	+	ROTECTION ACT".3
	144	+	25-15-602. Legislative declaration. (1) T HE GENERAL ASSEMBLY4
	145	+	HEREBY FINDS AND DECLARES THAT :5
33	146		(a) C
34		-	ONTAMINATION OF THE SOIL AND WATER IN THE STATE ~~FROM~~
35		-	PFAS ~~CHEMICALS POSES A SIGNIFICANT THREAT TO THE ENVIRONMENT OF~~
36		-	~~THE STATE AND~~ THE ~~HEALTH OF ITS RESIDENTS~~
37		-	;
	147	+	ONTAMINATION OF THE SOIL AND WATER IN THE STATE FROM6
	148	+	PFAS
	149	+	CHEMICALS POSES A SIGNIFICANT THREAT TO THE ENVIRONMENT OF7
	150	+	THE STATE AND THE HEALTH OF ITS RESIDENTS ;8
38	151		(b) A
39		-	GROWING BODY OF SCIENTIFIC RESEARCH HAS FOUND THAT
40		-	EXPOSURE TO
41		-	PFAS CHEMICALS MAY LEAD TO SERIOUS AND HARMFUL
42		-	HEALTH EFFECTS
43		-	;
	152	+	GROWING BODY OF SCIENTIFIC RESEARCH HAS FOUND THAT9
	153	+	EXPOSURE TO PFAS CHEMICALS MAY LEAD TO SERIOUS AND HARMFUL10
	154	+	HEALTH EFFECTS;11
44	155		(c) T
45		-	HE FULL EXTENT OF THE CONTAMINATION OF ~~PFAS CHEMICALS~~
46		-	IN THE SOIL AND WATER OF THE STATE IS NOT ~~CURRENTLY KNOWN BUT IS~~
47		-	ANTICIPATED TO BE WIDESPREAD AND TO REQUIRE ~~A SIGNIFICANT~~
48		-	EXPENDITURE OF RESOURCES TO BE IDENTIFIED ~~AND REMEDIATED~~
49		-	;
	156	+	HE FULL EXTENT OF THE CONTAMINATION OF PFAS12
	157	+	CHEMICALS IN THE SOIL AND WATER OF THE STATE IS NOT CURRENTLY13
	158	+	KNOWN BUT IS ANTICIPATED TO BE WIDESPREAD AND TO REQUIRE A14
	159	+	SIGNIFICANT EXPENDITURE OF RESOURCES TO BE IDENTIFIED AND15
	160	+	REMEDIATED;16
50	161		(d) PFAS
51		-	CHEMICALS CONTINUE TO BE USED IN PRODUCTS ACROSS
52		-	A VARIETY OF INDUSTRIES AND FOR MANY DIFFERENT PURPOSES
53		-	;
	162	+	CHEMICALS CONTINUE TO BE USED IN PRODUCTS ACROSS17
	163	+	A VARIETY OF INDUSTRIES AND FOR MANY DIFFERENT PURPOSES ;18
54	164		(e) PFAS
55		-	CHEMICALS ARE NOT NECESSARY IN MANY PRODUCTS AND
56		-	COULD BE REPLACED WITH LESS HARMFUL CHEMICALS OR TECHNOLOGIES
57		-	;
58		-	AND
59		-	(f) IF THE WIDESPREAD SALE AND DISTRIBUTION OF PRODUCTS THAT
60		-	CONTAIN INTENTIONALLY ADDED
61		-	PFAS CHEMICALS CONTINUES IN THE
62		-	STATE
63		-	:
	165	+	CHEMICALS ARE NOT NECESSARY IN MANY PRODUCTS19
	166	+	AND COULD BE REPLACED WITH LESS HARMFUL CHEMICALS OR20
	167	+	TECHNOLOGIES; AND21
	168	+	(f) I
	169	+	F THE WIDESPREAD SALE AND DISTRIBUTION OF PRODUCTS22
	170	+	THAT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS CONTINUES IN23
	171	+	THE STATE:24
64	172		(I)
65		-	THERE IS A LARGER RISK OF PFAS CHEMICALS MIGRATING INTO
66		-	THE NATURAL ENVIRONMENT
67		-	;
	173	+	THERE IS A LARGER RISK OF PFAS CHEMICALS MIGRATING INTO25
	174	+	THE NATURAL ENVIRONMENT ;26
68	175		(II) R
69		-	ESIDENTS OF THE STATE WILL LIKELY SUFFER ADVERSE HEALTH
70		-	EFFECTS FROM EXPOSURE TO
71		-	PFAS CHEMICALS; AND
72		-	(III) THE STATE AND LOCAL COMMUNITIES WILL BE BURDENED WITH
73		-	THE TESTING
74		-	, MONITORING, AND CLEAN-UP COSTS NECESSARY TO KEEP
75		-	RESIDENTS SAFE FROM EXPOSURE TO
76		-	PFAS CHEMICALS.
	176	+	ESIDENTS OF THE STATE WILL LIKELY SUFFER ADVERSE27
	177	+	1345
	178	+	-4- HEALTH EFFECTS FROM EXPOSURE TO PFAS CHEMICALS; AND1
	179	+	(III) T
	180	+	HE STATE AND LOCAL COMMUNITIES WILL BE BURDENED2
	181	+	WITH THE TESTING, MONITORING, AND CLEAN-UP COSTS NECESSARY TO3
	182	+	KEEP RESIDENTS SAFE FROM EXPOSURE TO PFAS CHEMICALS.4
77	183		(2) T
78		-	HE GENERAL ASSEMBLY THEREFORE DETERMINES AND
79		-	DECLARES THAT IT IS IMPERATIVE FOR THE HEALTH AND SAFETY OF THE
80		-	PAGE 2-HOUSE BILL 22-1345 STATE'S RESIDENTS TO CREATE A REGULATORY SCHEME THAT PHASES OUT
81		-	THE SALE OR DISTRIBUTION OF CERTAIN PRODUCTS AND PRODUCT
82		-	CATEGORIES IN THE STATE THAT CONTAIN INTENTIONALLY ADDED
83		-	PFAS
84		-	CHEMICALS.
85		-	25-15-603. Definitions - repeal. A
86		-	S USED IN THIS PART 6, UNLESS
87		-	THE CONTEXT OTHERWISE REQUIRES
88		-	:
	184	+	HE GENERAL ASSEMBLY THEREFORE DETERMINES AND5
	185	+	DECLARES THAT IT IS IMPERATIVE FOR THE HEALTH AND SAFETY OF THE6
	186	+	STATE'S RESIDENTS TO CREATE A REGULATORY SCHEME
	187	+	THAT PHASES7
	188	+	8
	189	+	OUT THE SALE OR DISTRIBUTION OF CERTAIN PRODUCTS AND9
	190	+	PRODUCT CATEGORIES IN THE STATE THAT CONTAIN INTENTIONALLY10
	191	+	ADDED PFAS CHEMICALS.11
	192	+	25-15-603. Definitions - repeal. AS USED IN THIS PART 14, UNLESS12
	193	+	THE CONTEXT OTHERWISE REQUIRES :13
89	194		(1) "A
90		-	DULT MATTRESS" MEANS A MATTRESS PRODUCT THAT IS NOT
91		-	A CRIB OR A TODDLER MATTRESS
92		-	.
	195	+	DULT MATTRESS" MEANS A MATTRESS PRODUCT THAT IS NOT14
	196	+	A CRIB OR A TODDLER MATTRESS.15
93	197		(2) "C
94		-	ARPET OR RUG" MEANS A FABRIC PRODUCT MARKETED OR
95		-	INTENDED FOR USE AS A FLOOR ~~COVERING IN HOUSEHOLDS OR BUSINESSES~~
96		-	.
	198	+	ARPET OR RUG" MEANS A FABRIC PRODUCT MARKETED OR16
	199	+	INTENDED FOR USE AS A FLOOR
	200	+	COVERING IN HOUSEHOLDS OR BUSINESSES.17
97	201		(3) "C
98		-	ONSUMER" MEANS THE END USER OF A PRODUCT .
	202	+	ONSUMER" MEANS THE END USER OF A PRODUCT.18
99	203		(4) (a) "C
100		-	OOKWARE" MEANS A DURABLE HOUSEWARE PRODUCT THAT
101		-	IS USED IN RESIDENCES OR KITCHENS TO PREPARE
102		-	, DISPENSE, OR STORE FOOD
103		-	OR BEVERAGES
104		-	.
	204	+	OOKWARE" MEANS A DURABLE HOUSEWARE PRODUCT19
	205	+	THAT IS USED IN RESIDENCES
	206	+	OR KITCHENS TO PREPARE, DISPENSE, OR20
	207	+	STORE FOOD OR BEVERAGES.21
105	208		(b) "C
106		-	OOKWARE" INCLUDES POTS, PANS, SKILLETS, GRILLS, BAKING
107		-	SHEETS
108		-	, BAKING MOLDS, TRAYS, BOWLS, AND COOKING UTENSILS.
	209	+	OOKWARE" INCLUDES POTS, PANS, SKILLETS, GRILLS, BAKING22
	210	+	SHEETS, BAKING MOLDS, TRAYS, BOWLS, AND COOKING UTENSILS.23
109	211		(5) (a) "C
110		-	OSMETIC" MEANS A PRODUCT THAT IS INTENDED TO BE
111		-	RUBBED OR INTRODUCED INTO
112		-	; POURED, SPRINKLED, OR SPRAYED ON; OR
113		-	OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANING
114		-	, CLEANSING,
115		-	BEAUTIFYING, PROMOTING ATTRACTIVENESS , OR ALTERING THE
116		-	APPEARANCE
117		-	.
	212	+	OSMETIC" MEANS A PRODUCT THAT IS INTENDED TO BE24
	213	+	RUBBED OR INTRODUCED INTO; POURED, SPRINKLED, OR SPRAYED ON; OR25
	214	+	OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANING , CLEANSING,26
	215	+	BEAUTIFYING, PROMOTING ATTRACTIVENESS , OR ALTERING THE27
	216	+	1345
	217	+	-5- APPEARANCE.1
118	218		(b) "C
119		-	OSMETIC" INCLUDES A SKIN MOISTURIZER, PERFUME, LIPSTICK,
120		-	NAIL POLISH, EYE OR FACIAL MAKEUP PREPARATION , SHAMPOO,
121		-	CONDITIONER, PERMANENT WAVE, HAIR DYE, AND DEODORANT.
	219	+	OSMETIC" INCLUDES A SKIN MOISTURIZER , PERFUME,2
	220	+	LIPSTICK, NAIL POLISH, EYE OR FACIAL MAKEUP PREPARATION, SHAMPOO,3
	221	+	CONDITIONER, PERMANENT WAVE, HAIR DYE,
	222	+	AND DEODORANT.4
122	223		(c) "C
123		-	OSMETIC" DOES NOT INCLUDE A PRODUCT THAT REQUIRES A
124		-	PRESCRIPTION FOR DISTRIBUTION OR DISPENSATION
125		-	.
	224	+	OSMETIC" DOES NOT INCLUDE A PRODUCT THAT REQUIRES A5
	225	+	PRESCRIPTION FOR DISTRIBUTION OR DISPENSATION .6
126	226		(d) (I) "C
127		-	OSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS ~~USED~~
128		-	~~AS PROPELLANTS IN COSMETICS~~
129		-	.
	227	+	OSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS
	228	+	7
	229	+	USED AS PROPELLANTS IN COSMETICS.8
130	230		(II) T
131	231		HIS SUBSECTION (5)(d) IS REPEALED EFFECTIVE JANUARY 1,
132		-	PAGE 3-HOUSE BILL 22-1345 2027.
133		-	(6) "D
134		-	EPARTMENT" MEANS THE COLORADO DEPARTMENT OF PUBLIC
135		-	HEALTH AND ENVIRONMENT
136		-	.
137		-	(7) "D
138		-	RILLING FLUID" MEANS A FLUID THAT IS CIRCULATED INTO THE
139		-	BOREHOLE OF A WELL TO LUBRICATE AND COOL THE DRILL BIT
140		-	.
141		-	(8) "E
142		-	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
143		-	THE DEPARTMENT OR THE EXECUTIVE DIRECTOR
144		-	'S DESIGNEE.
145		-	(9) (a) "F
146		-	ABRIC TREATMENT" MEANS A PRODUCT APPLIED TO FABRIC
147		-	TO GIVE THE FABRIC ONE OR MORE CHARACTERISTICS
148		-	, INCLUDING STAIN
149		-	RESISTANCE AND WATER RESISTANCE
150		-	.
	232	+	9
	233	+	2027.10
	234	+	11
	235	+	(6) "DEPARTMENT" MEANS THE COLORADO DEPARTMENT OF12
	236	+	PUBLIC HEALTH AND ENVIRONMENT .13
	237	+	(7) "DRILLING FLUID" MEANS A FLUID THAT IS CIRCULATED INTO14
	238	+	THE BOREHOLE OF A WELL TO LUBRICATE AND COOL THE DRILL BIT .15
	239	+	(8) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF16
	240	+	THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.17
	241	+	(9) (a) "FABRIC TREATMENT" MEANS A PRODUCT APPLIED TO18
	242	+	FABRIC TO GIVE THE FABRIC ONE OR MORE CHARACTERISTICS , INCLUDING19
	243	+	STAIN RESISTANCE AND WATER RESISTANCE .20
151	244		(b) (I) "F
152	245		ABRIC TREATMENT " DOES NOT INCLUDE
153		-	~~HYDROFLUOROOLEFINS USED AS PROPELLANTS IN FABRIC TREATMENTS~~
154		-	.
	246	+	21
	247	+	HYDROFLUOROOLEFINS USED AS PROPELLANTS IN FABRIC TREATMENTS .22
155	248		(II) T
156	249		HIS SUBSECTION (9)(b) IS REPEALED EFFECTIVE JANUARY 1,
157		-	2027.
158		-	(10) "F
159		-	OOD PACKAGE" OR "FOOD PACKAGING" MEANS A PACKAGE OR
160		-	PACKAGING COMPONENT USED IN DIRECT CONTACT WITH FOOD AND THAT IS
161		-	COMPOSED
162		-	, IN SUBSTANTIAL PART, OF PAPER, PAPERBOARD, OR OTHER
163		-	MATERIALS ORIGINALLY DERIVED FROM PLANT FIBERS
164		-	.
165		-	(11) "H
166		-	YDRAULIC FRACTURING FLUID" MEANS THE FLUID, INCLUDING
167		-	THE APPLICABLE BASE FLUID AND ANY ADDITIVES
168		-	, INJECTED INTO AN OIL OR
169		-	GAS WELL TO PERFORM HYDRAULIC FRACTURING OPERATIONS
170		-	.
171		-	(12) (a) "I
172		-	NTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFAS
173		-	CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A
174		-	PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE
175		-	PRODUCT
176		-	.
	250	+	23
	251	+	2027.24
	252	+	25
	253	+	(10) "FOOD PACKAGE" OR "FOOD PACKAGING" MEANS A PACKAGE26
	254	+	OR PACKAGING COMPONENT USED IN DIRECT CONTACT WITH FOOD AND27
	255	+	1345
	256	+	-6- THAT IS COMPOSED, IN SUBSTANTIAL PART, OF PAPER, PAPERBOARD, OR1
	257	+	OTHER MATERIALS ORIGINALLY DERIVED FROM PLANT FIBERS .2
	258	+	3
	259	+	(11) "HYDRAULIC FRACTURING FLUID " MEANS THE FLUID ,4
	260	+	INCLUDING THE APPLICABLE BASE FLUID AND ANY ADDITIVES , INJECTED5
	261	+	INTO AN OIL OR GAS WELL TO PERFORM HYDRAULIC FRACTURING6
	262	+	OPERATIONS.7
	263	+	(12) (a) "INTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFAS8
	264	+	CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A9
	265	+	PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE10
	266	+	PRODUCT.11
177	267		(b) "I
178		-	NTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFAS
179		-	CHEMICALS THAT ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED
180		-	CHEMICAL
181		-	.
182		-	(13) (a) "J
183		-	UVENILE PRODUCT" MEANS A PRODUCT DESIGNED FOR USE
184		-	PAGE 4-HOUSE BILL 22-1345 BY INFANTS OR CHILDREN UNDER TWELVE YEARS OF AGE .
	268	+	NTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFAS12
	269	+	CHEMICALS THAT ARE INTENTIONAL BREAKDOWN PR ODUCTS OF AN ADDED13
	270	+	CHEMICAL.14 (13) (a) "JUVENILE PRODUCT" MEANS A PRODUCT DESIGNED FOR15
	271	+	USE BY INFANTS OR CHILDREN UNDER TWELVE YEARS OF AGE .16
185	272		(b) "J
186		-	UVENILE PRODUCT" INCLUDES:
	273	+	UVENILE PRODUCT" INCLUDES:17
187	274		(I) B
188		-	ASSINETS AND OTHER BEDSIDE SLEEPERS ;
	275	+	ASSINETS AND OTHER BEDSIDE SLEEPERS ;18
189	276		(II) B
190		-	OOSTER SEATS, CAR SEATS, AND OTHER CHILD RESTRAINT
191		-	SYSTEMS
192		-	;
	277	+	OOSTER SEATS, CAR SEATS, AND OTHER CHILD RESTRAINT19
	278	+	SYSTEMS;20
193	279		(III) C
194		-	HANGING PADS;
	280	+	HANGING PADS;21
195	281		(IV) C
196		-	O-SLEEPERS;
	282	+	O-SLEEPERS;22
197	283		(V) C
198		-	RIB OR TODDLER MATTRESSES;
	284	+	RIB OR TODDLER MATTRESSES;23
199	285		(VI) F
200		-	LOOR PLAY MATS;
	286	+	LOOR PLAY MATS;24
201	287		(VII) H
202		-	IGHCHAIRS AND HIGHCHAIR PADS;
	288	+	IGHCHAIRS AND HIGHCHAIR PADS;25
203	289		(VIII) I
204		-	NFANT BOUNCERS;
	290	+	NFANT BOUNCERS;26
205	291		(IX) I
206		-	NFANT CARRIERS;
207		-	~~(X) I~~
208		-	~~NFANT~~ OR TODDLER FOAM PILLOWS ;
	292	+	NFANT CARRIERS;27
	293	+	1345
	294	+	-7- (X) INFANT OR TODDLER FOAM PILLOWS ;1
209	295		(XI) I
210		-	NFANT SEATS;
	296	+	NFANT SEATS;2
211	297		(XII) I
212		-	NFANT SLEEP POSITIONERS;
	298	+	NFANT SLEEP POSITIONERS;3
213	299		(XIII) I
214		-	NFANT SWINGS;
	300	+	NFANT SWINGS;4
215	301		(XIV) I
216		-	NFANT TRAVEL BEDS;
	302	+	NFANT TRAVEL BEDS;5
217	303		(XV) I
218		-	NFANT WALKERS;
	304	+	NFANT WALKERS;6
219	305		(XVI) N
220		-	AP COTS;
	306	+	AP COTS;7
221	307		(XVII) N
222		-	URSING PADS AND PILLOWS;
	308	+	URSING PADS AND PILLOWS;8
223	309		(XVIII) P
224		-	LAY MATS;
225		-	PAGE 5-HOUSE BILL 22-1345 (XIX) PLAYPENS;
	310	+	LAY MATS;9
	311	+	(XIX) P
	312	+	LAYPENS;10
226	313		(XX) P
227		-	LAY YARDS;
	314	+	LAY YARDS;11
228	315		(XXI) P
229		-	OLYURETHANE FOAM MATS , PADS, OR PILLOWS;
	316	+	OLYURETHANE FOAM MATS , PADS, OR PILLOWS;12
230	317		(XXII) P
231		-	ORTABLE FOAM NAP MATS ;
	318	+	ORTABLE FOAM NAP MATS ;13
232	319		(XXIII) P
233		-	ORTABLE INFANT SLEEPERS AND HOOK -ON CHAIRS;
	320	+	ORTABLE INFANT SLEEPERS AND HOOK -ON CHAIRS;14
234	321		(XXIV) S
235		-	OFT-SIDED PORTABLE CRIBS; AND
236		-	(XXV) STROLLERS.
	322	+	OFT-SIDED PORTABLE CRIBS; AND15
	323	+	(XXV) S
	324	+	TROLLERS.16
237	325		(c) "J
238		-	UVENILE PRODUCT" DOES NOT INCLUDE:
	326	+	UVENILE PRODUCT" DOES NOT INCLUDE:17
239	327		(I) E
240		-	LECTRONIC PRODUCTS, INCLUDING:
	328	+	LECTRONIC PRODUCTS, INCLUDING:18
241	329		(A) P
242		-	ERSONAL COMPUTERS AND ANY ASSOCIATED EQUIPMENT ;
	330	+	ERSONAL COMPUTERS AND ANY ASSOCIATED EQUIPMENT ;19
243	331		(B) A
244		-	UDIO AND VIDEO EQUIPMENT;
	332	+	UDIO AND VIDEO EQUIPMENT;20
245	333		(C) C
246		-	ALCULATORS;
	334	+	ALCULATORS;21
247	335		(D) W
248		-	IRELESS PHONES;
	336	+	IRELESS PHONES;22
249	337		(E) G
250		-	AMING CONSOLES;
	338	+	AMING CONSOLES;23
251	339		(F) H
252		-	ANDHELD DEVICES INCORPORATING A VIDEO SCREEN ; AND
253		-	(G) ANY ASSOCIATED PERIPHERAL DEVICE SUCH AS A MOUSE ,
254		-	KEYBOARD, POWER SUPPLY UNIT, OR POWER CORD;
255		-	(II) A
256		-	N INTERNAL COMPONENT OF A JUVENILE PRODUCT THAT WOULD
257		-	NOT COME INTO DIRECT CONTACT WITH A CHILD
258		-	'S SKIN OR MOUTH DURING
259		-	REASONABLY FORESEEABLE USE AND ABUSE OF THE PRODUCT
260		-	; OR
261		-	(III) ADULT MATTRESSES.
262		-	(14) (a) "M
263		-	ANUFACTURER" MEANS THE PERSON THAT
264		-	PAGE 6-HOUSE BILL 22-1345 MANUFACTURES OR ASSEMBLES A PRODUCT OR WHOSE BRAND NAME IS
265		-	AFFIXED TO A PRODUCT
266		-	.
	340	+	ANDHELD DEVICES INCORPORATING A VIDEO SCREEN ; AND24
	341	+	(G) A
	342	+	NY ASSOCIATED PERIPHERAL DEVICE SUCH AS A MOUSE ,25
	343	+	KEYBOARD, POWER SUPPLY UNIT, OR POWER CORD;26
	344	+	27
	345	+	1345
	346	+	-8- (II) AN INTERNAL COMPONENT OF A JUVENILE PRODUCT THAT1
	347	+	WOULD NOT COME INTO DIRECT CONTACT WITH A CHILD 'S SKIN OR MOUTH2
	348	+	DURING REASONABLY FORESEEABLE USE AND ABUSE OF THE PRODUCT ; OR3
	349	+	(III) ADULT MATTRESSES.4
	350	+	(14) (a) "MANUFACTURER" MEANS THE PERSON THAT5
	351	+	MANUFACTURES OR ASSEMBLES A PR ODUCT OR WHOSE BRAND NAME IS6
	352	+	AFFIXED TO A PRODUCT.7
267	353		(b) "M
268		-	ANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO
269		-	THE
270		-	UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A PRESENCE
271		-	IN THE
272		-	UNITED STATES, THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF
273		-	THE PRODUCT
274		-	.
275		-	(15) "O
276		-	IL AND GAS OPERATIONS" HAS THE MEANING SET FORTH IN
277		-	SECTION
278		-	34-60-103 (6.5).
279		-	(16) "O
280		-	IL AND GAS PRODUCTS" MEANS HYDRAULIC FRACTURING
281		-	FLUIDS
282		-	, DRILLING FLUIDS, AND PROPPANTS.
283		-	(17) "P
284		-	ACKAGE" MEANS MATERIAL THAT IS INTENDED OR USED TO
285		-	CONTAIN
286		-	, PROTECT, HANDLE, DELIVER, OR PRESENT A PRODUCT.
287		-	(18) "P
288		-	ACKAGING COMPONENT " MEANS AN INDIVIDUAL PART OF A
289		-	PACKAGE
290		-	, INCLUDING INTERIOR OR EXTERIOR BLOCKING , BRACING,
291		-	CUSHIONING, WEATHERPROOFING , EXTERIOR STRAPPING , COATINGS,
292		-	CLOSURES, INKS, AND LABELS.
293		-	(19) "PFAS
294		-	CHEMICALS" HAS THE MEANING SET FORTH IN SECTION
295		-	25-5-1302 (7).
296		-	(20) (a) "P
297		-	RODUCT" MEANS AN ITEM THAT IS MANUFACTURED ,
298		-	ASSEMBLED, OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO
299		-	CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERSONAL
300		-	,
301		-	RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USE, INCLUDING FOR USE IN
302		-	MAKING OTHER PRODUCTS
303		-	.
	354	+	ANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO8
	355	+	THE UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A9
	356	+	PRESENCE IN THE UNITED STATES, THE IMPORTER OR FIRST DOMESTIC10
	357	+	DISTRIBUTOR OF THE PRODUCT.11(15) "OIL AND GAS OPERATIONS" HAS THE MEANING SET FORTH IN12
	358	+	SECTION 34-60-103 (6.5).13
	359	+	(16) "OIL AND GAS PRODUCTS" MEANS HYDRAULIC FRACTURING14
	360	+	FLUIDS, DRILLING FLUIDS, AND PROPPANTS.15
	361	+	(17) "PACKAGE" MEANS MATERIAL THAT IS INTENDED OR USED TO16
	362	+	CONTAIN, PROTECT, HANDLE, DELIVER, OR PRESENT A PRODUCT.17
	363	+	(18) "PACKAGING COMPONENT " MEANS AN INDIVIDUAL PART OF A18
	364	+	PACKAGE, INCLUDING INTERIOR OR EXTERIOR BLOCKING , BRACING,19
	365	+	CUSHIONING, WEATHERPROOFING , EXTERIOR STRAPPING, COATINGS,20
	366	+	CLOSURES, INKS, AND LABELS.21
	367	+	(19) "PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION22
	368	+	25-5-1302
	369	+	(7).23 24
	370	+	(20) (a) "PRODUCT" MEANS AN ITEM THAT IS MANUFACTURED ,25
	371	+	ASSEMBLED, OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO26
	372	+	CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERS ONAL ,27
	373	+	1345
	374	+	-9- RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USE, INCLUDING FOR USE IN1
	375	+	MAKING OTHER PRODUCTS .2
304	376		(b) "P
305		-	RODUCT" INCLUDES ANY PRODUCT COMPONENTS .
306		-	(c) "P
307		-	RODUCT" DOES NOT INCLUDE:
308		-	(I) D
309		-	RUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS
310		-	APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG
311		-	ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE
312		-	; OR
313		-	(II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL
314		-	PAGE 7-HOUSE BILL 22-1345 ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS ; OR
315		-	(III) PACKAGING USED FOR THE PR ODUCTS DESCRIBED IN
316		-	SUBSECTIONS
317		-	(20)(c)(I) AND (20)(c)(II) OF THIS SECTION.
318		-	(d) "P
319		-	RODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR
320		-	SALE OR RESALE
321		-	.
322		-	(21) "P
323		-	RODUCT CATEGORY " MEANS A CLASS OR DIVISION OF
324		-	PRODUCTS THAT SHARE RELATED CHARACTERISTICS
325		-	.
326		-	(22) "P
327		-	RODUCT COMPONENT" MEANS AN IDENTIFIABLE COMPONENT
328		-	OF A PRODUCT
329		-	, REGARDLESS OF WHETHER THE MANUFACTURER OF THE
330		-	PRODUCT IS THE MANUFACTURER OF THE COMPONENT
331		-	.
332		-	(23) "P
333		-	ROPPANTS" MEANS MATERIALS THAT ARE INSERTED OR
334		-	INJECTED INTO AN UNDERGROUND GEOLOGIC FORMATION DURING OIL AND
335		-	GAS OPERATIONS IN ORDER TO PREVENT FRACTURES FROM CLOSING
336		-	.
337		-	(24) (a) "T
338		-	EXTILE" MEANS ANY PRODUCT MADE IN WHOLE OR IN PART
339		-	FROM A NATURAL OR SYNTHETIC FIBER
340		-	, YARN, OR FABRIC.
	377	+	RODUCT" INCLUDES ANY PRODUCT COMPONENTS .3
	378	+
	379	+	4
	380	+	(c) "PRODUCT" DOES NOT INCLUDE:5
	381	+	(I) DRUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS6
	382	+	APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG7
	383	+	ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE ; OR8
	384	+	(II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL9
	385	+	ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS ; OR10
	386	+	(III) P
	387	+	ACKAGING USED FOR THE PRODUCTS DESCRIBED IN
	388	+	11
	389	+	SUBSECTIONS (20)(c)(I) AND (20)(c)(II) OF THIS SECTION.12
	390	+	(d) "PRODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR13
	391	+	SALE OR RESALE.14
	392	+	(21) "PRODUCT CATEGORY " MEANS A CLASS OR DIVISION OF15
	393	+	PRODUCTS THAT SHARE RELATED CHARACTERISTICS .16
	394	+	(22) "PRODUCT COMPONENT " MEANS AN IDENTIFIABLE17
	395	+	COMPONENT OF A PRODUCT , REGARDLESS OF WHETHER THE18
	396	+	MANUFACTURER OF THE PRODUCT IS THE M ANUFACTURER OF THE19
	397	+	COMPONENT.20
	398	+	(23) "PROPPANTS" MEANS MATERIALS THAT ARE INSERTED OR21
	399	+	INJECTED INTO AN UNDERGROUND GEOLOGIC FORMATION DURING OIL AND22
	400	+	GAS OPERATIONS IN ORDER TO PREVENT FRACTURES FROM CLOSING .23
	401	+	24
	402	+	25
	403	+	(24) (a) "TEXTILE" MEANS ANY PRODUCT MADE IN WHOLE OR IN26
	404	+	PART FROM A NATURAL OR SYNTHETIC FIBER , YARN, OR FABRIC.27
	405	+	1345
	406	+	-10- (b) "TEXTILE" INCLUDES LEATHER, COTTON, SILK, JUTE, HEMP,1
	407	+	WOOL, NYLON, AND POLYESTER.2
	408	+	(c) "T
	409	+	EXTILE" DOES NOT INCLUDE TEXTILES USED IN MEDICAL ,3
	410	+	PROFESSIONAL, OR INDUSTRIAL SETTINGS.4 (25) (a) "TEXTILE FURNISHINGS" MEANS TEXTILES OF A TYPE5
	411	+	CUSTOMARILY USED IN HOUSEHOLDS AND BUSINESSES , INCLUDING6
	412	+	DRAPERIES, FLOOR COVERINGS, FURNISHINGS, BEDDING, TOWELS, AND7
	413	+	TABLECLOTHS.8
341	414		(b) "T
342		-	EXTILE" INCLUDES LEATHER, COTTON, SILK, JUTE, HEMP, WOOL,
343		-	NYLON, AND POLYESTER.
344		-	(c) "T
345		-	EXTILE" DOES NOT INCLUDE TEXTILES USED IN MEDICAL ,
346		-	PROFESSIONAL, OR INDUSTRIAL SETTINGS.
347		-	(25) (a) "T
348		-	EXTILE FURNISHINGS" MEANS TEXTILES OF A TYPE
349		-	CUSTOMARILY USED IN HOUSEHOLDS AND BUSINESSES
350		-	, INCLUDING
351		-	DRAPERIES
352		-	, FLOOR COVERINGS, FURNISHINGS, BEDDING, TOWELS, AND
353		-	TABLECLOTHS
354		-	.
355		-	(b) "T
356		-	EXTILE FURNISHINGS" DOES NOT INCLUDE TEXTILE
357		-	FURNISHINGS USED IN MEDICAL
358		-	, PROFESSIONAL, OR INDUSTRIAL SETTINGS.
359		-	(26) "U
360		-	PHOLSTERED FURNITURE" MEANS ANY ARTICLE OF FURNITURE
361		-	THAT IS
362		-	:
	415	+	EXTILE FURNISHINGS" DOES NOT INCLUDE TEXTILE9
	416	+	FURNISHINGS USED IN MEDICAL, PROFESSIONAL, OR INDUSTRIAL SETTINGS.10 (26) "UPHOLSTERED FURNITURE " MEANS ANY ARTICLE OF11
	417	+	FURNITURE THAT IS:12
363	418		(a) D
364		-	ESIGNED FOR SITTING, RESTING, OR RECLINING; AND
365		-	PAGE 8-HOUSE BILL 22-1345 (b) WHOLLY OR PARTIALLY STUFFED WITH FILLING MATERIAL .
366		-	25-15-604. Prohibition on the sale or distribution of certain
367		-	consumer products that contain intentionally added PFAS chemicals
368		-	- product label requirements for cookware. (1) O
369		-	N AND AFTER JANUARY
370		-	1, 2024, A PERSON SHALL NOT SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE,
371		-	OR DISTRIBUTE FOR USE IN THE STATE ANY PRODUCT IN ANY OF THE
372		-	FOLLOWING PRODUCT CATEGORIES IF THE PRODUCT CONTAINS
373		-	INTENTIONALLY ADDED
374		-	PFAS CHEMICALS:
375		-	(a) C
376		-	ARPETS OR RUGS;
377		-	(b) F
378		-	ABRIC TREATMENTS;
379		-	(c) F
380		-	OOD PACKAGING;
381		-	(d) J
382		-	UVENILE PRODUCTS; AND
383		-	(e) OIL AND GAS PRODUCTS.
384		-	(2) (a) O
385		-	N AND AFTER JANUARY 1, 2024, A MANUFACTURER OF
386		-	COOKWARE SOLD IN THE STATE THAT CONTAINS INTENTIONALLY ADDED
387		-	PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY PRODUCT
388		-	SURFACE THAT COMES INTO CONTACT WITH FOOD
389		-	, FOODSTUFFS, OR
390		-	BEVERAGES SHALL LIST THE PRESENCE OF
391		-	PFAS CHEMICALS ON THE
392		-	PRODUCT LABEL AND SHALL INCLUDE ON THE PR ODUCT LABEL A STATEMENT
393		-	,
394		-	IN BOTH ENGLISH AND SPANISH, THAT READS: "FOR MORE INFORMATION
395		-	ABOUT
396		-	PFAS CHEMICALS IN THIS PRODUCT, VISIT" FOLLOWED BY BOTH OF
397		-	THE FOLLOWING
398		-	:
399		-	(I) A
400		-	N INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT PROVIDES
401		-	INFORMATION ABOUT WHY THE
402		-	PFAS CHEMICALS ARE INTENTIONALLY
403		-	ADDED
404		-	; AND
405		-	(II) A QUICK RESPONSE (QR) CODE OR OTHER MACHINE-READABLE
406		-	CODE
407		-	, CONSISTING OF AN ARRAY OF SQUARES , USED FOR STORING AN
408		-	INTERNET WEBSITE FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT
409		-	WHY THE
410		-	PFAS CHEMICALS ARE INTENTIONALLY ADDED .
411		-	(b) A
412		-	MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL
413		-	PAGE 9-HOUSE BILL 22-1345 ENSURE THAT THE STATEMENT REQUIRED ON THE PRODUCT LABEL BY
414		-	SUBSECTION
415		-	(2)(a) OF THIS SECTION IS VISIBLE AND LEGIBLE TO THE
416		-	CONSUMER
417		-	, INCLUDING ON THE PRODUCT LISTING FOR ONLINE SALES .
418		-	(c) C
419		-	OOKWARE THAT MEETS BOTH OF THE FOLLOWING
420		-	REQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OF THIS SUBSECTION
421		-	(2):
422		-	(I) T
423		-	HE SURFACE AREA OF THE COOKWARE CANNOT FIT A PRODUCT
424		-	LABEL OF AT LEAST TWO SQUARE INCHES
425		-	; AND
426		-	(II) THE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING :
427		-	(A) A
428		-	N EXTERIOR CONTAINER OR WRAPPER ON WHICH A PRODUCT
429		-	LABEL CAN APPEAR OR BE AFFIXED
430		-	; AND
431		-	(B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT THE
432		-	PRODUCT ATTACHED TO THE COOKWARE
433		-	.
434		-	(d) A
435		-	MANUFACTURER OF C OOKWARE SOLD IN THE STATE SHALL
436		-	ENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCT
437		-	LABEL BY SUBSECTION
438		-	(2)(a) OF THIS SECTION IS INCLUDED ON THE PRODUCT
439		-	LISTING FOR ONLINE SALES PURSUANT TO SUBSECTION
440		-	(2)(b) OF THIS
441		-	SECTION
442		-	.
443		-	(e) O
444		-	N AND AFTER JANUARY 1, 2024, A MANUFACTURER SHALL NOT
445		-	MAKE A CLAIM
446		-	, ON THE COOKWARE PACKAGE , THAT THE COOKWARE IS FREE
447		-	OF ANY
448		-	PFAS CHEMICALS UNLESS NO INDIVIDUAL PFAS CHEMICAL IS
449		-	INTENTIONALLY ADDED TO THE COOKWARE
450		-	.
451		-	(f) C
452		-	OOKWARE THAT CONTAINS ONE OR MORE INTENTIONALLY
453		-	ADDED
454		-	PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY
455		-	PRODUCT SURFACE THAT COMES INTO CONTACT WITH FOOD
456		-	, FOODSTUFFS, OR
457		-	BEVERAGES SHALL NOT BE SOLD
458		-	, OFFERED FOR SALE, OR DISTRIBUTED IN THE
459		-	STATE UNLESS THE COOKWARE AND THE M ANUFACTURER OF THE COOKWARE
460		-	COMPLY WITH THIS PART
461		-	6.
	419	+	ESIGNED FOR SITTING, RESTING, OR RECLINING; AND13
	420	+	(b) W
	421	+	HOLLY OR PARTIALLY STUFFED WITH FILLING MATERIAL .14
	422	+	15
	423	+	25-15-604. Prohibition on the sale or distribution of certain16
	424	+	consumer products that contain intentionally added PFAS chemicals17
	425	+	- product label requirements for cookware. (1) ON AND AFTER18
	426	+	J
	427	+	ANUARY 1, 2024, A PERSON SHALL NOT SELL , OFFER FOR SALE,19
	428	+	DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE STATE ANY20
	429	+	PRODUCT IN ANY OF THE FOLLOWING PRODUCT CATEGORIES IF THE21
	430	+	PRODUCT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS:22 (a) CARPETS OR RUGS;23
	431	+	24
	432	+	25
	433	+	(b) FABRIC TREATMENTS;26
	434	+	(c) FOOD PACKAGING;27
	435	+	1345
	436	+	-11- (d) JUVENILE PRODUCTS; AND1
	437	+	(e) OIL AND GAS PRODUCTS.2
	438	+	3
	439	+	(2) (a) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER4
	440	+	OF COOKWARE SOLD IN THE STATE THAT CONTAINS INTENTIONALLY ADDED5
	441	+	PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY PRODUCT6
	442	+	SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS, OR7
	443	+	BEVERAGES SHALL LIST THE PRESENCE OF PFAS CHEMICALS ON THE8
	444	+	PRODUCT LABEL AND SHALL INCLUDE ON THE PRODUCT LABEL A9
	445	+	STATEMENT, IN BOTH ENGLISH AND SPANISH, THAT READS: "FOR MORE10
	446	+	INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT , VISIT"11
	447	+	FOLLOWED BY BOTH OF THE FOLLOWING :12
	448	+	(I) AN INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT13
	449	+	PROVIDES INFORMATION ABOUT WHY THE PFAS CHEMICALS ARE14
	450	+	INTENTIONALLY ADDED; AND15
	451	+	(II) A QUICK RESPONSE (QR) CODE OR OTHER MACHINE-READABLE16
	452	+	CODE, CONSISTING OF AN ARRAY OF SQUARES, USED FOR STORING AN17
	453	+	INTERNET WEBSITE FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT18
	454	+	WHY THE PFAS CHEMICALS ARE INTENTIONALLY ADDED .19
	455	+	(b) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL20
	456	+	ENSURE THAT THE STATEMENT REQUIRED ON THE PRODUCT LABEL BY21
	457	+	SUBSECTION (2)(a) OF THIS SECTION IS VISIBLE AND LEGIBLE TO THE22
	458	+	CONSUMER, INCLUDING ON THE PRODUCT LISTING FOR ONLINE SALES .23
	459	+	(c) COOKWARE THAT MEETS BOTH OF THE FOLLOWING24
	460	+	REQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OF THIS SUBSECTION25
	461	+	(2):26
	462	+	(I) THE SURFACE AREA OF THE COOKWARE CANNOT FIT A PRODUCT27
	463	+	1345
	464	+	-12- LABEL OF AT LEAST TWO SQUARE INCHES ; AND1
	465	+	(II) THE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING:2
	466	+	(A) AN EXTERIOR CONTAINER OR WRAPPER ON WHICH A PRODUCT3
	467	+	LABEL CAN APPEAR OR BE AFFIXED; AND4
	468	+	(B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT5
	469	+	THE PRODUCT ATTACHED TO THE COOKWARE .6
	470	+	(d) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL7
	471	+	ENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCT8
	472	+	LABEL BY SUBSECTION (2)(a) OF THIS SECTION IS INCLUDED ON THE9
	473	+	PRODUCT LISTING FOR ONLINE SALES PURSUANT TO SUBSECTION (2)(b) OF10
	474	+	THIS SECTION.11
	475	+	(e) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER SHALL12
	476	+	NOT MAKE A CLAIM, ON THE COOKWARE PACKAGE, THAT THE COOKWARE13
	477	+	IS FREE OF ANY PFAS CHEMICALS UNLESS NO INDIVIDUAL PFAS14
	478	+	CHEMICAL IS INTENTIONALLY ADDED TO THE COOKWARE .15
	479	+	(f) COOKWARE THAT CONTAINS ONE OR MORE INTENTIONALLY16
	480	+	ADDED PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY17
	481	+	PRODUCT SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS,18
	482	+	OR BEVERAGES SHALL NOT BE SOLD, OFFERED FOR SALE, OR DISTRIBUTED19
	483	+	IN THE STATE UNLESS THE COOKWARE AND THE MANUFACTURER OF THE20
	484	+	COOKWARE COMPLY WITH THIS PART 6.21
462	485		(3) O
463	486		N AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT SELL,
464		-	OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE
465		-	FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED
466		-	PFAS
467		-	CHEMICALS:
468		-	PAGE 10-HOUSE BILL 22-1345 (a) COSMETICS;
	487	+	22
	488	+	OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE23
	489	+	FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS24
	490	+	CHEMICALS:25
	491	+	(a) C
	492	+	OSMETICS;
	493	+	26
469	494		(b) I
470	495		NDOOR TEXTILE FURNISHINGS; AND
471		-	(c) INDOOR UPHOLSTERED FURNITURE .
	496	+	27
	497	+	1345
	498	+	-13- (c) INDOOR UPHOLSTERED FURNITURE .1
472	499		(4) O
473	500		N AND AFTER JANUARY 1, 2027, A PERSON SHALL NOT SELL,
474		-	~~OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE~~
475		-	~~FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED~~
476		-	~~PFAS~~
477		-	CHEMICALS:
	501	+	2
	502	+	OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE3
	503	+	FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS4
	504	+	CHEMICALS:5
478	505		(a) O
479	506		UTDOOR TEXTILE FURNISHINGS; AND
480		-	(b) OUTDOOR UPHOLSTERED FURNITURE .
481		-	SECTION 2. In Colorado Revised Statutes, 24-103-904, amend (1)
482		-	as follows:
483		-	24-103-904. Purchasing preference for environmentally
484		-	preferable products - definitions. (1) As used in this section, unless the
485		-	context otherwise requires:
486		-	(a) "Environmentally preferable products" means products,
487		-	INCLUDING PRODUCTS THAT DO NOT CONTAIN INTENTI ONALLY ADDED PFAS
488		-	CHEMICALS, that have a lesser or reduced adverse effect on human health
489		-	and the environment when compared with competing products that serve the
490		-	same purpose. The product comparison may consider such factors as the
491		-	availability of any raw materials used in the product being purchased and
492		-	the availability, use, production, safe operation, maintenance, packaging,
493		-	distribution, disposal, or recyclability of the product being purchased.
	507	+	6
	508	+	(b) O
	509	+	UTDOOR UPHOLSTERED FURNITURE .
	510	+	7
	511	+	SECTION 2. In Colorado Revised Statutes, 24-103-904, amend8
	512	+	(1) as follows:9
	513	+	24-103-904. Purchasing preference for environmentally10
	514	+	preferable products - definitions. (1) As used in this section, unless the11
	515	+	context otherwise requires:12
	516	+	(a) "Environmentally preferable products" means products,13
	517	+	INCLUDING PRODUCTS THAT DO NOT CONTAIN INTENTIONALLY ADDED14
	518	+	PFAS
	519	+	CHEMICALS, that have a lesser or reduced adverse effect on human15
	520	+	health and the environment when compared with competing products that16
	521	+	serve the same purpose. The product comparison may consider such17
	522	+	factors as the availability of any raw materials used in the product being18
	523	+	purchased and the availability, use, production, safe operation,19
	524	+	maintenance, packaging, distribution, disposal, or recyclability of the20
	525	+	product being purchased.21
494	526		(b) "I
495		-	NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE ~~MEANING~~
	527	+	NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE MEANING22
496	528		SET FORTH IN SECTION
497		-	25-15-603 (12).
498		-	SECTION 3. In Colorado Revised Statutes, 25-5-1302, add (1.5),
499		-	(3.6), (5.8), (7.5), (9), and (10) as follows:
500		-	25-5-1302. Definitions. As used in this part 13, unless the context
501		-	otherwise requires:
502		-	PAGE 11-HOUSE BILL 22-1345 (1.5) "CLASS B FIRE" MEANS A FIRE INVOLVING FLAMMABLE LIQUIDS
503		-	OR GASES
504		-	, INCLUDING PETROLEUM, PAINT, ALCOHOL, SOLVENT, OIL, AND
505		-	TAR
506		-	.
	529	+	25-15-603 (12).23
	530	+	SECTION 3. In Colorado Revised Statutes, 25-5-1302, add (1.5),24
	531	+	(3.6), (5.8), (7.5), (9), and (10) as follows:25
	532	+	25-5-1302. Definitions. As used in this part 13, unless the context26
	533	+	otherwise requires:27
	534	+	1345
	535	+	-14- (1.5) "CLASS B FIRE" MEANS A FIRE INVOLVING FLAMMABLE1
	536	+	LIQUIDS OR GASES, INCLUDING PETROLEUM, PAINT, ALCOHOL, SOLVENT,2
	537	+	OIL, AND TAR.3
507	538		(3.6) "E
508		-	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
509		-	THE DEPARTMENT OR THE EXECUTIVE DIRECTOR
510		-	'S DESIGNEE.
	539	+	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF4
	540	+	THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.5
511	541		(5.8) "I
512		-	NTENTIONALLY ADDED PFAS CHEMICALS" HAS ~~THE MEANING~~
513		-	SET FORTH IN SECTION
514		-	25-15-603 (12).
	542	+	NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE6
	543	+	MEANING SET FORTH IN SECTION
	544	+	25-15-603 (12).7
515	545		(7.5) "R
516		-	ELEASE" MEANS ANY SPILLING, LEAKING, PUMPING, POURING,
517		-	EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR
518		-	DISPOSING OF A CHEMICAL INTO THE ENVIRONMENT
519		-	.
	546	+	ELEASE" MEANS ANY SPILLING, LEAKING, PUMPING,8
	547	+	POURING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING,9
	548	+	DUMPING, OR DISPOSING OF A CHEMICAL INTO THE ENVIRONMENT .10
520	549		(9) "T
521		-	ERMINAL" MEANS A FACILITY THAT ENGAGES IN THE
522		-	WHOLESALE DISTRIBUTION OF CRUDE PETROLEUM AND PETROLEUM
523		-	PRODUCTS
524		-	, INCLUDING LIQUIFIED PETROLEUM GAS FROM BULK LIQUID
525		-	STORAGE FACILITIES
526		-	.
	550	+	ERMINAL" MEANS A FACILITY THAT ENGAGES IN THE11
	551	+	WHOLESALE DISTRIBUTION OF CRUDE PETROLEUM AND PETROLEUM12
	552	+	PRODUCTS, INCLUDING LIQUIFIED PETROLEUM GAS FROM BULK LIQUID13
	553	+	STORAGE FACILITIES.14
527	554		(10) "W
528		-	ATER QUALITY SPILLS HOTLINE" MEANS THE PHONE SYSTEM
529		-	CREATED AND MAINTAINED BY THE DEPARTMENT FOR THE REPORTING OF
530		-	SPILLS OR DISCHARGES INTO STATE WATERS TO THE DEPARTMENT
531		-	.
532		-	SECTION 4. In Colorado Revised Statutes, add 25-5-1303.5 as
533		-	follows:
534		-	25-5-1303.5. Restriction on use of certain firefighting foams.
	555	+	ATER QUALITY SPILLS HOTLINE " MEANS THE PHONE15
	556	+	SYSTEM CREATED AND MAINTAINED BY THE DEPARTMENT FOR THE16
	557	+	REPORTING OF SPILLS OR DISCHARGES INTO STATE WATERS TO THE17
	558	+	DEPARTMENT.18
	559	+	19
	560	+	SECTION 4. In Colorado Revised Statutes, add 25-5-1303.5 as20
	561	+	follows:21
	562	+	25-5-1303.5. Restriction on use of certain firefighting foams.22
535	563		(1) B
536		-	EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B
537		-	FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS CHEMICALS
538		-	SHALL
539		-	:
	564	+	EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B23
	565	+	FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS24
	566	+	CHEMICALS SHALL:25
540	567		(a) N
541		-	OT ALLOW A RELEASE OF THE CLASS B FIREFIGHTING FOAM;
	568	+	OT ALLOW A RELEASE OF THE CLASS B FIREFIGHTING FOAM;26
542	569		(b) F
543		-	ULLY CONTAIN THE CLASS B FIREFIGHTING FOAM BY
544		-	IMPLEMENTING APPROPRIATE CONTAINMENT MEASURES
545		-	, WHICH MAY
546		-	INCLUDE BUNDS AND PONDS
547		-	, THAT:
	570	+	ULLY CONTAIN THE CLASS B FIREFIGHTING FOAM BY27
	571	+	1345
	572	+	-15- IMPLEMENTING APPROPRIATE CONTAINMENT MEASURES , WHICH MAY1
	573	+	INCLUDE BUNDS AND PONDS, THAT:2
548	574		(I) A
549		-	RE CONTROLLED;
	575	+	RE CONTROLLED;3
550	576		(II) A
551		-	RE IMPERVIOUS TO PFAS CHEMICALS; AND
552		-	PAGE 12-HOUSE BILL 22-1345 (III) DO NOT ALLOW THE CLASS B FIREFIGHTING FOAM OR ANY
553		-	ASSOCIATED FIREWATER
554		-	, WASTEWATER, RUNOFF, OR OTHER WASTE TO BE
555		-	RELEASED
556		-	;
	577	+	RE IMPERVIOUS TO PFAS CHEMICALS; AND4
	578	+	(III) D
	579	+	O NOT ALLOW THE CLASS B FIREFIGHTING FOAM OR ANY5
	580	+	ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, OR OTHER WASTE TO BE6
	581	+	RELEASED;7
557	582		(c) S
558		-	AFELY STORE ALL CLASS B FIREFIGHTING FOAM AND ANY
559		-	ASSOCIATED FIREWATER
560		-	, WASTEWATER, RUNOFF, AND OTHER WASTE IN A
561		-	WAY THAT PREVENTS THEIR RELEASE UNTIL THE FEDERAL ENVIRONMENTAL
562		-	PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE PROPER DISPOSAL
563		-	AND DESTRUCTION METHODS FOR
564		-	PFAS CHEMICALS. AFTER THE FEDERAL
565		-	ENVIRONMENTAL PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE
566		-	PROPER DISPOSAL AND DESTRUCTION METHODS FOR
567		-	PFAS CHEMICALS, THE
568		-	PERSON THAT USES THE CLASS
569		-	B FIREFIGHTING FOAM CONTAINING
570		-	INTENTIONALLY ADDED
571		-	PFAS CHEMICALS SHALL DISPOSE OF AND DESTROY
572		-	THE CLASS
573		-	B FIREFIGHTING FOAM IN ACCORDANCE WITH SUCH GUIDANCE .
	583	+	AFELY STORE ALL CLASS B FIREFIGHTING FOAM AND ANY8
	584	+	ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE IN A9
	585	+	WAY THAT PREVENTS THEIR RELEASE UNTIL THE FEDERAL10
	586	+	ENVIRONMENTAL PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE11
	587	+	PROPER DISPOSAL AND DESTRUCTION METHODS FOR PFAS CHEMICALS.12
	588	+	A
	589	+	FTER THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS13
	590	+	PUBLISHED GUIDANCE ON THE PROPER DISPOSAL AND DESTRUCTION14
	591	+	METHODS FOR PFAS CHEMICALS, THE PERSON THAT USES THE CLASS B15
	592	+	FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS16
	593	+	CHEMICALS SHALL DISPOSE OF AND DESTROY THE CLASS B FIREFIGHTING17
	594	+	FOAM IN ACCORDANCE WITH SUCH GUIDANCE .18
574	595		(d) I
575		-	F THERE IS A RELEASE OF THE CLASS B FIREFIGHTING FOAM OR
576		-	ANY ASSOCIATED FIREWATER
577		-	, WASTEWATER, RUNOFF, OR OTHER WASTE,
578		-	REPORT THE FOLLOWING INFORMATION TO THE WATER QUALITY SPILLS
579		-	HOTLINE WITHIN TWENTY
580		-	-FOUR HOURS AFTER ITS RELEASE:
	596	+	F THERE IS A RELEASE OF THE CLASS B FIREFIGHTING FOAM OR19
	597	+	ANY ASSOCIATED FIREWATER , WASTEWATER, RUNOFF, OR OTHER WASTE,20
	598	+	REPORT THE FOLLOWING INFORMATION TO THE WATER QUALITY SPILLS21
	599	+	HOTLINE WITHIN TWENTY-FOUR HOURS AFTER ITS RELEASE:22
581	600		(I) T
582		-	HE TRADE NAME AND PRODUCT NAME OF THE CLASS B
583		-	FIREFIGHTING FOAM;
	601	+	HE TRADE NAME AND PRODUCT NAME OF THE CLASS B23
	602	+	FIREFIGHTING FOAM;24
584	603		(II) T
585		-	HE QUANTITY OF CLASS B FIREFIGHTING FOAM USED THAT
586		-	CONTAINS INTENTIONALLY ADDED
587		-	PFAS CHEMICALS;
	604	+	HE QUANTITY OF CLASS B FIREFIGHTING FOAM USED THAT25
	605	+	CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS;26
588	606		(III) T
589		-	HE AMOUNT AND TYPE OF PFAS CHEMICALS IN THE CLASS B
590		-	FIREFIGHTING FOAM; AND
591		-	(IV) THE AMOUNT OF CLASS B FIREFIGHTING FOAM OR ANY
592		-	ASSOCIATED FIREWATER
593		-	, WASTEWATER, RUNOFF, AND OTHER WASTE THAT
594		-	IS RELEASED
595		-	; AND
596		-	(e) DOCUMENT ANY MEASURES UNDERTAKEN PURSUANT TO THE
597		-	REQUIREMENTS OF THIS SECTION
598		-	. IN INVESTIGATING COMPLIANCE WITH THE
599		-	REQUIREMENTS OF THIS SECTION
600		-	, THE ATTORNEY GENERAL MAY REQUEST
601		-	THAT THE PERSON PROVIDE THE DOCUMENTATION CREATED PURSUANT TO
602		-	THE REQUIREMENTS OF THIS SUBSECTION
603		-	(1)(e) TO THE ATTORNEY GENERAL.
	607	+	HE AMOUNT AND TYPE OF PFAS CHEMICALS IN THE CLASS27
	608	+	1345
	609	+	-16- B FIREFIGHTING FOAM; AND1
	610	+	(IV) T
	611	+	HE AMOUNT OF CLASS B FIREFIGHTING FOAM OR ANY2
	612	+	ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE THAT3
	613	+	IS RELEASED; AND4
	614	+	(e) D
	615	+	OCUMENT ANY MEASURES UNDERTAKEN PURSUANT TO THE5
	616	+	REQUIREMENTS OF THIS SECTION. IN INVESTIGATING COMPLIANCE WITH6
	617	+	THE REQUIREMENTS OF THIS SECTION , THE ATTORNEY GENERAL MAY7
	618	+	REQUEST THAT THE PERSON PROVIDE THE DOCUMENTATION CREATED8
	619	+	PURSUANT TO THE REQUIREMENTS OF THIS SUBSECTION (1)(e) TO THE9
	620	+	ATTORNEY GENERAL.10
604	621		(2) B
605		-	EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B
606		-	PAGE 13-HOUSE BILL 22-1345 FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PFAS
607		-	CHEMICALS MUST REPORT THE USE OF THE CLASS B FIREFIGHTING FOAM TO
608		-	THE WATER QUALITY SPILLS HOTLINE WITHIN TWENTY
609		-	-FOUR HOURS AFTER
610		-	ITS USE
611		-	.
612		-	(3) (a) E
613		-	XCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS SECTION,
614		-	THE RESTRICTIONS AND REQUIREMENTS IN SUBSECTIONS (1) AND (2) OF THIS
615		-	SECTION DO NOT APPLY TO THE USE OF CLASS
616		-	B FIREFIGHTING FOAM WHERE
617		-	THE INCLUSION OF
618		-	PFAS CHEMICALS IS REQUIRED OR AUTHORIZED BY
619		-	FEDERAL LAW
620		-	, INCLUDING 14 CFR 139, OR IMPLEMENTED IN ACCORDANCE
621		-	WITH FEDERAL AVIATION ADMINISTRATION GUIDANCE
622		-	, OR OTHERWISE
623		-	REQUIRED FOR A MILITARY PURPOSE
624		-	.
625		-	(b) I
626		-	F THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE
627		-	LAWS
628		-	, GUIDANCE, OR REQUIREMENTS DESCRIBED IN SUBSECTION (3)(a) OF
629		-	THIS SECTION NO LONGER APPLY TO A PARTICULAR INDUSTRY OR SECTOR
630		-	,
631		-	THE EXECUTIVE DIRECTOR SHALL PROVIDE NOTICE ON THE DEPARTMENT 'S
632		-	WEBSITE OF THIS DETERMINATION AND SHALL PROMULGATE RULES
633		-	PROHIBITING USERS OF CLASS
634		-	B FIREFIGHTING FOAM WITHIN THAT INDUSTRY
635		-	OR SECTOR FROM USING CLASS
636		-	B FIREFIGHTING FOAM IN VIOLATION OF THIS
637		-	SECTION
638		-	, WHICH RULES SHALL APPLY NO SOONER THAN TWO YEARS AFTER
639		-	THE EXECUTIVE DIRECTOR
640		-	'S DETERMINATION.
641		-	SECTION 5. In Colorado Revised Statutes, amend 25-5-1307 as
642		-	follows:
643		-	25-5-1307. Civil penalty. (1) A manufacturer or a person who
644		-	violates the provisions of
645		-	this part 13 is subject to a civil penalty not to
646		-	exceed five thousand dollars for each violation in the case of a first offense.
647		-	A manufacturer or a person who violates this part 13 repeatedly is subject
648		-	to a civil penalty not to exceed ten thousand dollars for each repeat offense.
649		-	Penalties collected under this part 13 must be deposited in the local
650		-	firefighter safety and disease prevention fund created in section
651		-	24-33.5-1231.
	622	+	EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B11
	623	+	FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PFAS12
	624	+	CHEMICALS MUST REPORT THE USE OF THE CLASS B FIREFIGHTING FOAM TO13
	625	+	THE WATER QUALITY SPILLS HOTLINE WITHIN TWENTY -FOUR HOURS AFTER14
	626	+	ITS USE.15
	627	+	(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS16
	628	+	SECTION, THE RESTRICTIONS AND REQUIREMENTS IN SUBSECTIONS (1) AND17
	629	+	(2)
	630	+	OF THIS SECTION DO NOT APPLY TO THE USE OF CLASS B FIREFIGHTING18
	631	+	FOAM WHERE THE INCLUSION OF PFAS CHEMICALS IS REQUIRED OR19
	632	+	AUTHORIZED BY FEDERAL LAW, INCLUDING 14 CFR 139, OR IMPLEMENTED20
	633	+	IN ACCORDANCE WITH FEDERAL AVIATION ADMINISTRATION GUIDANCE , OR21
	634	+	OTHERWISE REQUIRED FOR A MILITARY PURPOSE .22(b) IF THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE23
	635	+	LAWS, GUIDANCE, OR REQUIREMENTS DESCRIBED IN SUBSECTION (3)(a) OF24
	636	+	THIS SECTION NO LONGER APPLY TO A PARTICULAR INDUSTRY OR SECTOR,25
	637	+	THE EXECUTIVE DIRECTOR SHALL PROVIDE NOTICE ON THE DEPARTMENT'S26
	638	+	WEBSITE OF THIS DETERMINATION AND SHALL PROMULGATE RULES27
	639	+	1345
	640	+	-17- PROHIBITING USERS OF CLASS B FIREFIGHTING FOAM WITHIN THAT1
	641	+	INDUSTRY OR SECTOR FROM USING CLASS B FIREFIGHTING FOAM IN2
	642	+	VIOLATION OF THIS SECTION, WHICH RULES SHALL APPLY NO SOONER THAN3
	643	+	TWO YEARS AFTER THE EXECUTIVE DIRECTOR 'S DETERMINATION.4
	644	+	SECTION 5. In Colorado Revised Statutes, amend 25-5-1307 as5
	645	+	follows:6
	646	+	25-5-1307. Civil penalty. (1) A manufacturer or a person who7
	647	+	violates the provisions of this part 13 is subject to a civil penalty not to8
	648	+	exceed five thousand dollars for each violation in the case of a first9
	649	+	offense. A manufacturer or a person who violates this part 13 repeatedly10
	650	+	is subject to a civil penalty not to exceed ten thousand dollars for each11
	651	+	repeat offense. Penalties collected under this part 13 must be deposited12
	652	+	in the local firefighter safety and disease prevention fund created in13
	653	+	section 24-33.5-1231.14
652	654		(2) T
653		-	HE ATTORNEY GENERAL HAS THE AUTHORITY TO ENFORCE THIS
654		-	PART
655		-	13 AND TO CONDUCT CIVIL INVESTIGATIONS AND BRING CIVIL ACTIONS
656		-	FOR VIOLATIONS OF THIS PART
657		-	13.
658		-	SECTION 6. In Colorado Revised Statutes, 25-5-1309, amend (1)
659		-	PAGE 14-HOUSE BILL 22-1345 introductory portion as follows:
660		-	25-5-1309. Restriction on the use of certain firefighting foam at
661		-	certain airports - definitions. (1) Beginning January 1, 2023 2024, the use
662		-	of class B firefighting foam that contains intentionally added perfluoroalkyl
663		-	and polyfluoroalkyl substances shall be prohibited at structures used for the
664		-	storage or maintenance of aircraft where the structure is located in an
665		-	airport that:
666		-	SECTION 7. Safety clause. The general assembly hereby finds,
667		-	PAGE 15-HOUSE BILL 22-1345 determines, and declares that this act is necessary for the immediate
668		-	preservation of the public peace, health, or safety.
669		-	____________________________ ____________________________
670		-	Alec Garnett Steve Fenberg
671		-	SPEAKER OF THE HOUSE PRESIDENT OF
672		-	OF REPRESENTATIVES THE SENATE
673		-	____________________________ ____________________________
674		-	Robin Jones Cindi L. Markwell
675		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
676		-	OF REPRESENTATIVES THE SENATE
677		-	APPROVED________________________________________
678		-	(Date and Time)
679		-	_________________________________________
680		-	Jared S. Polis
681		-	GOVERNOR OF THE STATE OF COLORADO
682		-	PAGE 16-HOUSE BILL 22-1345
	655	+	HE ATTORNEY GENERAL HAS THE AUTHORITY TO ENFORCE15
	656	+	THIS PART 13 AND TO CONDUCT CIVIL INVESTIGATIONS AND BRING CIVIL16
	657	+	ACTIONS FOR VIOLATIONS OF THIS PART 13.17
	658	+	SECTION 6. In Colorado Revised Statutes, 25-5-1309, amend18
	659	+	(1) introductory portion as follows:19
	660	+	25-5-1309. Restriction on the use of certain firefighting foam20
	661	+	at certain airports - definitions. (1) Beginning January 1, 2023 2024,21
	662	+	the use of class B firefighting foam that contains intentionally added22
	663	+	perfluoroalkyl and polyfluoroalkyl substances shall be prohibited at23
	664	+	structures used for the storage or maintenance of aircraft where the24
	665	+	structure is located in an airport that:25
	666	+	SECTION 7. Safety clause. The general assembly hereby finds,26
	667	+	1345
	668	+	-18- determines, and declares that this act is necessary for the immediate1
	669	+	preservation of the public peace, health, or safety.2
	670	+	1345
	671	+	-19-