HOUSE BILL 22-1345
BY REPRESENTATIVE(S) 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., Herod, Kennedy, McLachlan, Snyder, Tipper, Woodrow;
also SENATOR(S) Gonzales and Lee, Bridges, Buckner, Danielson,
Donovan, Fields, Hansen, Jaquez Lewis, Kolker, Moreno, Pettersen, Story,
Winter, Zenzinger, Fenberg.
C
ONCERNING MEASURES TO INCREASE PROTECTIONS FROM
PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 6 to article 15
of title 25 as follows:
PART 6
PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS
25-15-601. Short title. T
HE SHORT TITLE OF THIS PART 6 IS THE
"PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS CONSUMER
PROTECTION ACT".
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 25-15-602. Legislative declaration. (1) T HE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT
:
(a) C
ONTAMINATION OF THE SOIL AND WATER IN THE STATE FROM
PFAS CHEMICALS POSES A SIGNIFICANT THREAT TO THE ENVIRONMENT OF
THE STATE AND THE HEALTH OF ITS RESIDENTS
;
(b) A
GROWING BODY OF SCIENTIFIC RESEARCH HAS FOUND THAT
EXPOSURE TO
PFAS CHEMICALS MAY LEAD TO SERIOUS AND HARMFUL
HEALTH EFFECTS
;
(c) T
HE FULL EXTENT OF THE CONTAMINATION OF PFAS CHEMICALS
IN THE SOIL AND WATER OF THE STATE IS NOT CURRENTLY KNOWN BUT IS
ANTICIPATED TO BE WIDESPREAD AND TO REQUIRE A SIGNIFICANT
EXPENDITURE OF RESOURCES TO BE IDENTIFIED AND REMEDIATED
;
(d) PFAS
CHEMICALS CONTINUE TO BE USED IN PRODUCTS ACROSS
A VARIETY OF INDUSTRIES AND FOR MANY DIFFERENT PURPOSES
;
(e) PFAS
CHEMICALS ARE NOT NECESSARY IN MANY PRODUCTS AND
COULD BE REPLACED WITH LESS HARMFUL CHEMICALS OR TECHNOLOGIES
;
AND
(f) IF THE WIDESPREAD SALE AND DISTRIBUTION OF PRODUCTS THAT
CONTAIN INTENTIONALLY ADDED
PFAS CHEMICALS CONTINUES IN THE
STATE
:
(I)
THERE IS A LARGER RISK OF PFAS CHEMICALS MIGRATING INTO
THE NATURAL ENVIRONMENT
;
(II) R
ESIDENTS OF THE STATE WILL LIKELY SUFFER ADVERSE HEALTH
EFFECTS FROM EXPOSURE TO
PFAS CHEMICALS; AND
(III) THE STATE AND LOCAL COMMUNITIES WILL BE BURDENED WITH
THE TESTING
, MONITORING, AND CLEAN-UP COSTS NECESSARY TO KEEP
RESIDENTS SAFE FROM EXPOSURE TO
PFAS CHEMICALS.
(2) T
HE GENERAL ASSEMBLY THEREFORE DETERMINES AND
DECLARES THAT IT IS IMPERATIVE FOR THE HEALTH AND SAFETY OF THE
PAGE 2-HOUSE BILL 22-1345 STATE'S RESIDENTS TO CREATE A REGULATORY SCHEME THAT PHASES OUT
THE SALE OR DISTRIBUTION OF CERTAIN PRODUCTS AND PRODUCT
CATEGORIES IN THE STATE THAT CONTAIN INTENTIONALLY ADDED
PFAS
CHEMICALS.
25-15-603. Definitions - repeal. A
S USED IN THIS PART 6, UNLESS
THE CONTEXT OTHERWISE REQUIRES
:
(1) "A
DULT MATTRESS" MEANS A MATTRESS PRODUCT THAT IS NOT
A CRIB OR A TODDLER MATTRESS
.
(2) "C
ARPET OR RUG" MEANS A FABRIC PRODUCT MARKETED OR
INTENDED FOR USE AS A FLOOR COVERING IN HOUSEHOLDS OR BUSINESSES
.
(3) "C
ONSUMER" MEANS THE END USER OF A PRODUCT .
(4) (a) "C
OOKWARE" MEANS A DURABLE HOUSEWARE PRODUCT THAT
IS USED IN RESIDENCES OR KITCHENS TO PREPARE
, DISPENSE, OR STORE FOOD
OR BEVERAGES
.
(b) "C
OOKWARE" INCLUDES POTS, PANS, SKILLETS, GRILLS, BAKING
SHEETS
, BAKING MOLDS, TRAYS, BOWLS, AND COOKING UTENSILS.
(5) (a) "C
OSMETIC" MEANS A PRODUCT THAT IS INTENDED TO BE
RUBBED OR INTRODUCED INTO
; POURED, SPRINKLED, OR SPRAYED ON; OR
OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANING
, CLEANSING,
BEAUTIFYING, PROMOTING ATTRACTIVENESS , OR ALTERING THE
APPEARANCE
.
(b) "C
OSMETIC" INCLUDES A SKIN MOISTURIZER, PERFUME, LIPSTICK,
NAIL POLISH, EYE OR FACIAL MAKEUP PREPARATION , SHAMPOO,
CONDITIONER, PERMANENT WAVE, HAIR DYE, AND DEODORANT.
(c) "C
OSMETIC" DOES NOT INCLUDE A PRODUCT THAT REQUIRES A
PRESCRIPTION FOR DISTRIBUTION OR DISPENSATION
.
(d) (I) "C
OSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS USED
AS PROPELLANTS IN COSMETICS
.
(II) T
HIS SUBSECTION (5)(d) IS REPEALED EFFECTIVE JANUARY 1,
PAGE 3-HOUSE BILL 22-1345 2027.
(6) "D
EPARTMENT" MEANS THE COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT
.
(7) "D
RILLING FLUID" MEANS A FLUID THAT IS CIRCULATED INTO THE
BOREHOLE OF A WELL TO LUBRICATE AND COOL THE DRILL BIT
.
(8) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR
'S DESIGNEE.
(9) (a) "F
ABRIC TREATMENT" MEANS A PRODUCT APPLIED TO FABRIC
TO GIVE THE FABRIC ONE OR MORE CHARACTERISTICS
, INCLUDING STAIN
RESISTANCE AND WATER RESISTANCE
.
(b) (I) "F
ABRIC TREATMENT " DOES NOT INCLUDE
HYDROFLUOROOLEFINS USED AS PROPELLANTS IN FABRIC TREATMENTS
.
(II) T
HIS SUBSECTION (9)(b) IS REPEALED EFFECTIVE JANUARY 1,
2027.
(10) "F
OOD PACKAGE" OR "FOOD PACKAGING" MEANS A PACKAGE OR
PACKAGING COMPONENT USED IN DIRECT CONTACT WITH FOOD AND THAT IS
COMPOSED
, IN SUBSTANTIAL PART, OF PAPER, PAPERBOARD, OR OTHER
MATERIALS ORIGINALLY DERIVED FROM PLANT FIBERS
.
(11) "H
YDRAULIC FRACTURING FLUID" MEANS THE FLUID, INCLUDING
THE APPLICABLE BASE FLUID AND ANY ADDITIVES
, INJECTED INTO AN OIL OR
GAS WELL TO PERFORM HYDRAULIC FRACTURING OPERATIONS
.
(12) (a) "I
NTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFAS
CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A
PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE
PRODUCT
.
(b) "I
NTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFAS
CHEMICALS THAT ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDED
CHEMICAL
.
(13) (a) "J
UVENILE PRODUCT" MEANS A PRODUCT DESIGNED FOR USE
PAGE 4-HOUSE BILL 22-1345 BY INFANTS OR CHILDREN UNDER TWELVE YEARS OF AGE .
(b) "J
UVENILE PRODUCT" INCLUDES:
(I) B
ASSINETS AND OTHER BEDSIDE SLEEPERS ;
(II) B
OOSTER SEATS, CAR SEATS, AND OTHER CHILD RESTRAINT
SYSTEMS
;
(III) C
HANGING PADS;
(IV) C
O-SLEEPERS;
(V) C
RIB OR TODDLER MATTRESSES;
(VI) F
LOOR PLAY MATS;
(VII) H
IGHCHAIRS AND HIGHCHAIR PADS;
(VIII) I
NFANT BOUNCERS;
(IX) I
NFANT CARRIERS;
(X) I
NFANT OR TODDLER FOAM PILLOWS ;
(XI) I
NFANT SEATS;
(XII) I
NFANT SLEEP POSITIONERS;
(XIII) I
NFANT SWINGS;
(XIV) I
NFANT TRAVEL BEDS;
(XV) I
NFANT WALKERS;
(XVI) N
AP COTS;
(XVII) N
URSING PADS AND PILLOWS;
(XVIII) P
LAY MATS;
PAGE 5-HOUSE BILL 22-1345 (XIX) PLAYPENS;
(XX) P
LAY YARDS;
(XXI) P
OLYURETHANE FOAM MATS , PADS, OR PILLOWS;
(XXII) P
ORTABLE FOAM NAP MATS ;
(XXIII) P
ORTABLE INFANT SLEEPERS AND HOOK -ON CHAIRS;
(XXIV) S
OFT-SIDED PORTABLE CRIBS; AND
(XXV) STROLLERS.
(c) "J
UVENILE PRODUCT" DOES NOT INCLUDE:
(I) E
LECTRONIC PRODUCTS, INCLUDING:
(A) P
ERSONAL COMPUTERS AND ANY ASSOCIATED EQUIPMENT ;
(B) A
UDIO AND VIDEO EQUIPMENT;
(C) C
ALCULATORS;
(D) W
IRELESS PHONES;
(E) G
AMING CONSOLES;
(F) H
ANDHELD DEVICES INCORPORATING A VIDEO SCREEN ; AND
(G) ANY ASSOCIATED PERIPHERAL DEVICE SUCH AS A MOUSE ,
KEYBOARD, POWER SUPPLY UNIT, OR POWER CORD;
(II) A
N INTERNAL COMPONENT OF A JUVENILE PRODUCT THAT WOULD
NOT COME INTO DIRECT CONTACT WITH A CHILD
'S SKIN OR MOUTH DURING
REASONABLY FORESEEABLE USE AND ABUSE OF THE PRODUCT
; OR
(III) ADULT MATTRESSES.
(14) (a) "M
ANUFACTURER" MEANS THE PERSON THAT
PAGE 6-HOUSE BILL 22-1345 MANUFACTURES OR ASSEMBLES A PRODUCT OR WHOSE BRAND NAME IS
AFFIXED TO A PRODUCT
.
(b) "M
ANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO
THE
UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A PRESENCE
IN THE
UNITED STATES, THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF
THE PRODUCT
.
(15) "O
IL AND GAS OPERATIONS" HAS THE MEANING SET FORTH IN
SECTION
34-60-103 (6.5).
(16) "O
IL AND GAS PRODUCTS" MEANS HYDRAULIC FRACTURING
FLUIDS
, DRILLING FLUIDS, AND PROPPANTS.
(17) "P
ACKAGE" MEANS MATERIAL THAT IS INTENDED OR USED TO
CONTAIN
, PROTECT, HANDLE, DELIVER, OR PRESENT A PRODUCT.
(18) "P
ACKAGING COMPONENT " MEANS AN INDIVIDUAL PART OF A
PACKAGE
, INCLUDING INTERIOR OR EXTERIOR BLOCKING , BRACING,
CUSHIONING, WEATHERPROOFING , EXTERIOR STRAPPING , COATINGS,
CLOSURES, INKS, AND LABELS.
(19) "PFAS
CHEMICALS" HAS THE MEANING SET FORTH IN SECTION
25-5-1302 (7).
(20) (a) "P
RODUCT" MEANS AN ITEM THAT IS MANUFACTURED ,
ASSEMBLED, OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO
CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERSONAL
,
RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL USE, INCLUDING FOR USE IN
MAKING OTHER PRODUCTS
.
(b) "P
RODUCT" INCLUDES ANY PRODUCT COMPONENTS .
(c) "P
RODUCT" DOES NOT INCLUDE:
(I) D
RUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS
APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE
; OR
(II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL
PAGE 7-HOUSE BILL 22-1345 ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS ; OR
(III) PACKAGING USED FOR THE PR ODUCTS DESCRIBED IN
SUBSECTIONS
(20)(c)(I) AND (20)(c)(II) OF THIS SECTION.
(d) "P
RODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR
SALE OR RESALE
.
(21) "P
RODUCT CATEGORY " MEANS A CLASS OR DIVISION OF
PRODUCTS THAT SHARE RELATED CHARACTERISTICS
.
(22) "P
RODUCT COMPONENT" MEANS AN IDENTIFIABLE COMPONENT
OF A PRODUCT
, REGARDLESS OF WHETHER THE MANUFACTURER OF THE
PRODUCT IS THE MANUFACTURER OF THE COMPONENT
.
(23) "P
ROPPANTS" MEANS MATERIALS THAT ARE INSERTED OR
INJECTED INTO AN UNDERGROUND GEOLOGIC FORMATION DURING OIL AND
GAS OPERATIONS IN ORDER TO PREVENT FRACTURES FROM CLOSING
.
(24) (a) "T
EXTILE" MEANS ANY PRODUCT MADE IN WHOLE OR IN PART
FROM A NATURAL OR SYNTHETIC FIBER
, YARN, OR FABRIC.
(b) "T
EXTILE" INCLUDES LEATHER, COTTON, SILK, JUTE, HEMP, WOOL,
NYLON, AND POLYESTER.
(c) "T
EXTILE" DOES NOT INCLUDE TEXTILES USED IN MEDICAL ,
PROFESSIONAL, OR INDUSTRIAL SETTINGS.
(25) (a) "T
EXTILE FURNISHINGS" MEANS TEXTILES OF A TYPE
CUSTOMARILY USED IN HOUSEHOLDS AND BUSINESSES
, INCLUDING
DRAPERIES
, FLOOR COVERINGS, FURNISHINGS, BEDDING, TOWELS, AND
TABLECLOTHS
.
(b) "T
EXTILE FURNISHINGS" DOES NOT INCLUDE TEXTILE
FURNISHINGS USED IN MEDICAL
, PROFESSIONAL, OR INDUSTRIAL SETTINGS.
(26) "U
PHOLSTERED FURNITURE" MEANS ANY ARTICLE OF FURNITURE
THAT IS
:
(a) D
ESIGNED FOR SITTING, RESTING, OR RECLINING; AND
PAGE 8-HOUSE BILL 22-1345 (b) WHOLLY OR PARTIALLY STUFFED WITH FILLING MATERIAL .
25-15-604. Prohibition on the sale or distribution of certain
consumer products that contain intentionally added PFAS chemicals
- product label requirements for cookware. (1) O
N AND AFTER JANUARY
1, 2024, A PERSON SHALL NOT SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE,
OR DISTRIBUTE FOR USE IN THE STATE ANY PRODUCT IN ANY OF THE
FOLLOWING PRODUCT CATEGORIES IF THE PRODUCT CONTAINS
INTENTIONALLY ADDED
PFAS CHEMICALS:
(a) C
ARPETS OR RUGS;
(b) F
ABRIC TREATMENTS;
(c) F
OOD PACKAGING;
(d) J
UVENILE PRODUCTS; AND
(e) OIL AND GAS PRODUCTS.
(2) (a) O
N AND AFTER JANUARY 1, 2024, A MANUFACTURER OF
COOKWARE SOLD IN THE STATE THAT CONTAINS INTENTIONALLY ADDED
PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY PRODUCT
SURFACE THAT COMES INTO CONTACT WITH FOOD
, FOODSTUFFS, OR
BEVERAGES SHALL LIST THE PRESENCE OF
PFAS CHEMICALS ON THE
PRODUCT LABEL AND SHALL INCLUDE ON THE PR ODUCT LABEL A STATEMENT
,
IN BOTH ENGLISH AND SPANISH, THAT READS: "FOR MORE INFORMATION
ABOUT
PFAS CHEMICALS IN THIS PRODUCT, VISIT" FOLLOWED BY BOTH OF
THE FOLLOWING
:
(I) A
N INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT PROVIDES
INFORMATION ABOUT WHY THE
PFAS CHEMICALS ARE INTENTIONALLY
ADDED
; AND
(II) A QUICK RESPONSE (QR) CODE OR OTHER MACHINE-READABLE
CODE
, CONSISTING OF AN ARRAY OF SQUARES , USED FOR STORING AN
INTERNET WEBSITE FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT
WHY THE
PFAS CHEMICALS ARE INTENTIONALLY ADDED .
(b) A
MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL
PAGE 9-HOUSE BILL 22-1345 ENSURE THAT THE STATEMENT REQUIRED ON THE PRODUCT LABEL BY
SUBSECTION
(2)(a) OF THIS SECTION IS VISIBLE AND LEGIBLE TO THE
CONSUMER
, INCLUDING ON THE PRODUCT LISTING FOR ONLINE SALES .
(c) C
OOKWARE THAT MEETS BOTH OF THE FOLLOWING
REQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OF THIS SUBSECTION
(2):
(I) T
HE SURFACE AREA OF THE COOKWARE CANNOT FIT A PRODUCT
LABEL OF AT LEAST TWO SQUARE INCHES
; AND
(II) THE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING :
(A) A
N EXTERIOR CONTAINER OR WRAPPER ON WHICH A PRODUCT
LABEL CAN APPEAR OR BE AFFIXED
; AND
(B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT THE
PRODUCT ATTACHED TO THE COOKWARE
.
(d) A
MANUFACTURER OF C OOKWARE SOLD IN THE STATE SHALL
ENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCT
LABEL BY SUBSECTION
(2)(a) OF THIS SECTION IS INCLUDED ON THE PRODUCT
LISTING FOR ONLINE SALES PURSUANT TO SUBSECTION
(2)(b) OF THIS
SECTION
.
(e) O
N AND AFTER JANUARY 1, 2024, A MANUFACTURER SHALL NOT
MAKE A CLAIM
, ON THE COOKWARE PACKAGE , THAT THE COOKWARE IS FREE
OF ANY
PFAS CHEMICALS UNLESS NO INDIVIDUAL PFAS CHEMICAL IS
INTENTIONALLY ADDED TO THE COOKWARE
.
(f) C
OOKWARE THAT CONTAINS ONE OR MORE INTENTIONALLY
ADDED
PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY
PRODUCT SURFACE THAT COMES INTO CONTACT WITH FOOD
, FOODSTUFFS, OR
BEVERAGES SHALL NOT BE SOLD
, OFFERED FOR SALE, OR DISTRIBUTED IN THE
STATE UNLESS THE COOKWARE AND THE M ANUFACTURER OF THE COOKWARE
COMPLY WITH THIS PART
6.
(3) O
N AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT SELL,
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED
PFAS
CHEMICALS:
PAGE 10-HOUSE BILL 22-1345 (a) COSMETICS;
(b) I
NDOOR TEXTILE FURNISHINGS; AND
(c) INDOOR UPHOLSTERED FURNITURE .
(4) O
N AND AFTER JANUARY 1, 2027, A PERSON SHALL NOT SELL,
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED
PFAS
CHEMICALS:
(a) O
UTDOOR TEXTILE FURNISHINGS; AND
(b) OUTDOOR UPHOLSTERED FURNITURE .
SECTION 2. In Colorado Revised Statutes, 24-103-904, amend (1)
as follows:
24-103-904. Purchasing preference for environmentally
preferable products - definitions. (1) As used in this section, unless the
context otherwise requires:
(a) "Environmentally preferable products" means products,
INCLUDING PRODUCTS THAT DO NOT CONTAIN INTENTI ONALLY ADDED PFAS
CHEMICALS, that have a lesser or reduced adverse effect on human health
and the environment when compared with competing products that serve the
same purpose. The product comparison may consider such factors as the
availability of any raw materials used in the product being purchased and
the availability, use, production, safe operation, maintenance, packaging,
distribution, disposal, or recyclability of the product being purchased.
(b) "I
NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE MEANING
SET FORTH IN SECTION
25-15-603 (12).
SECTION 3. In Colorado Revised Statutes, 25-5-1302, add (1.5),
(3.6), (5.8), (7.5), (9), and (10) as follows:
25-5-1302. Definitions. As used in this part 13, unless the context
otherwise requires:
PAGE 11-HOUSE BILL 22-1345 (1.5) "CLASS B FIRE" MEANS A FIRE INVOLVING FLAMMABLE LIQUIDS
OR GASES
, INCLUDING PETROLEUM, PAINT, ALCOHOL, SOLVENT, OIL, AND
TAR
.
(3.6) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR
'S DESIGNEE.
(5.8) "I
NTENTIONALLY ADDED PFAS CHEMICALS" HAS THE MEANING
SET FORTH IN SECTION
25-15-603 (12).
(7.5) "R
ELEASE" MEANS ANY SPILLING, LEAKING, PUMPING, POURING,
EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR
DISPOSING OF A CHEMICAL INTO THE ENVIRONMENT
.
(9) "T
ERMINAL" MEANS A FACILITY THAT ENGAGES IN THE
WHOLESALE DISTRIBUTION OF CRUDE PETROLEUM AND PETROLEUM
PRODUCTS
, INCLUDING LIQUIFIED PETROLEUM GAS FROM BULK LIQUID
STORAGE FACILITIES
.
(10) "W
ATER QUALITY SPILLS HOTLINE" MEANS THE PHONE SYSTEM
CREATED AND MAINTAINED BY THE DEPARTMENT FOR THE REPORTING OF
SPILLS OR DISCHARGES INTO STATE WATERS TO THE DEPARTMENT
.
SECTION 4. In Colorado Revised Statutes, add 25-5-1303.5 as
follows:
25-5-1303.5. Restriction on use of certain firefighting foams.
(1) B
EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B
FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS CHEMICALS
SHALL
:
(a) N
OT ALLOW A RELEASE OF THE CLASS B FIREFIGHTING FOAM;
(b) F
ULLY CONTAIN THE CLASS B FIREFIGHTING FOAM BY
IMPLEMENTING APPROPRIATE CONTAINMENT MEASURES
, WHICH MAY
INCLUDE BUNDS AND PONDS
, THAT:
(I) A
RE CONTROLLED;
(II) A
RE IMPERVIOUS TO PFAS CHEMICALS; AND
PAGE 12-HOUSE BILL 22-1345 (III) DO NOT ALLOW THE CLASS B FIREFIGHTING FOAM OR ANY
ASSOCIATED FIREWATER
, WASTEWATER, RUNOFF, OR OTHER WASTE TO BE
RELEASED
;
(c) S
AFELY STORE ALL CLASS B FIREFIGHTING FOAM AND ANY
ASSOCIATED FIREWATER
, WASTEWATER, RUNOFF, AND OTHER WASTE IN A
WAY THAT PREVENTS THEIR RELEASE UNTIL THE FEDERAL ENVIRONMENTAL
PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE PROPER DISPOSAL
AND DESTRUCTION METHODS FOR
PFAS CHEMICALS. AFTER THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE
PROPER DISPOSAL AND DESTRUCTION METHODS FOR
PFAS CHEMICALS, THE
PERSON THAT USES THE CLASS
B FIREFIGHTING FOAM CONTAINING
INTENTIONALLY ADDED
PFAS CHEMICALS SHALL DISPOSE OF AND DESTROY
THE CLASS
B FIREFIGHTING FOAM IN ACCORDANCE WITH SUCH GUIDANCE .
(d) I
F THERE IS A RELEASE OF THE CLASS B FIREFIGHTING FOAM OR
ANY ASSOCIATED FIREWATER
, WASTEWATER, RUNOFF, OR OTHER WASTE,
REPORT THE FOLLOWING INFORMATION TO THE WATER QUALITY SPILLS
HOTLINE WITHIN TWENTY
-FOUR HOURS AFTER ITS RELEASE:
(I) T
HE TRADE NAME AND PRODUCT NAME OF THE CLASS B
FIREFIGHTING FOAM;
(II) T
HE QUANTITY OF CLASS B FIREFIGHTING FOAM USED THAT
CONTAINS INTENTIONALLY ADDED
PFAS CHEMICALS;
(III) T
HE AMOUNT AND TYPE OF PFAS CHEMICALS IN THE CLASS B
FIREFIGHTING FOAM; AND
(IV) THE AMOUNT OF CLASS B FIREFIGHTING FOAM OR ANY
ASSOCIATED FIREWATER
, WASTEWATER, RUNOFF, AND OTHER WASTE THAT
IS RELEASED
; AND
(e) DOCUMENT ANY MEASURES UNDERTAKEN PURSUANT TO THE
REQUIREMENTS OF THIS SECTION
. IN INVESTIGATING COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION
, THE ATTORNEY GENERAL MAY REQUEST
THAT THE PERSON PROVIDE THE DOCUMENTATION CREATED PURSUANT TO
THE REQUIREMENTS OF THIS SUBSECTION
(1)(e) TO THE ATTORNEY GENERAL.
(2) B
EGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B
PAGE 13-HOUSE BILL 22-1345 FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PFAS
CHEMICALS MUST REPORT THE USE OF THE CLASS B FIREFIGHTING FOAM TO
THE WATER QUALITY SPILLS HOTLINE WITHIN TWENTY
-FOUR HOURS AFTER
ITS USE
.
(3) (a) E
XCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS SECTION,
THE RESTRICTIONS AND REQUIREMENTS IN SUBSECTIONS (1) AND (2) OF THIS
SECTION DO NOT APPLY TO THE USE OF CLASS
B FIREFIGHTING FOAM WHERE
THE INCLUSION OF
PFAS CHEMICALS IS REQUIRED OR AUTHORIZED BY
FEDERAL LAW
, INCLUDING 14 CFR 139, OR IMPLEMENTED IN ACCORDANCE
WITH FEDERAL AVIATION ADMINISTRATION GUIDANCE
, OR OTHERWISE
REQUIRED FOR A MILITARY PURPOSE
.
(b) I
F THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE
LAWS
, GUIDANCE, OR REQUIREMENTS DESCRIBED IN SUBSECTION (3)(a) OF
THIS SECTION NO LONGER APPLY TO A PARTICULAR INDUSTRY OR SECTOR
,
THE EXECUTIVE DIRECTOR SHALL PROVIDE NOTICE ON THE DEPARTMENT 'S
WEBSITE OF THIS DETERMINATION AND SHALL PROMULGATE RULES
PROHIBITING USERS OF CLASS
B FIREFIGHTING FOAM WITHIN THAT INDUSTRY
OR SECTOR FROM USING CLASS
B FIREFIGHTING FOAM IN VIOLATION OF THIS
SECTION
, WHICH RULES SHALL APPLY NO SOONER THAN TWO YEARS AFTER
THE EXECUTIVE DIRECTOR
'S DETERMINATION.
SECTION 5. In Colorado Revised Statutes, amend 25-5-1307 as
follows:
25-5-1307. Civil penalty. (1) A manufacturer or a person who
violates the provisions of
this part 13 is subject to a civil penalty not to
exceed five thousand dollars for each violation in the case of a first offense.
A manufacturer or a person who violates this part 13 repeatedly is subject
to a civil penalty not to exceed ten thousand dollars for each repeat offense.
Penalties collected under this part 13 must be deposited in the local
firefighter safety and disease prevention fund created in section
24-33.5-1231.
(2) T
HE ATTORNEY GENERAL HAS THE AUTHORITY TO ENFORCE THIS
PART
13 AND TO CONDUCT CIVIL INVESTIGATIONS AND BRING CIVIL ACTIONS
FOR VIOLATIONS OF THIS PART
13.
SECTION 6. In Colorado Revised Statutes, 25-5-1309, amend (1)
PAGE 14-HOUSE BILL 22-1345 introductory portion as follows:
25-5-1309. Restriction on the use of certain firefighting foam at
certain airports - definitions. (1) Beginning January 1, 2023 2024, the use
of class B firefighting foam that contains intentionally added perfluoroalkyl
and polyfluoroalkyl substances shall be prohibited at structures used for the
storage or maintenance of aircraft where the structure is located in an
airport that:
SECTION 7. Safety clause. The general assembly hereby finds,
PAGE 15-HOUSE BILL 22-1345 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 16-HOUSE BILL 22-1345