Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R24-0527.01 Caroline Martin x5902 HJR24-1023 House Committees Senate Committees State, Civic, Military, & Veterans Affairs HOUSE JOINT RESOLUTION 24-1023 C ONCERNING GOVERNMENT PROCUREMENT OF ELECTRIC VEHICLES101 WITH FORCED LABOR COMPONENTS .102 WHEREAS, Many electric vehicles are being made with1 components created through the use of forced labor, including materials2 mined by Uyghurs and other Muslim minorities in China's Xinjiang3 region; and4 WHEREAS, An electric vehicle is a motor vehicle which is5 propelled to a significant extent by a motor which draws electricity from6 a battery which is capable of being recharged from an external source of7 electricity; and8 WHEREAS, Forced labor is work or a service that is (i) obtained9 by force, fraud, or coercion, including by threat of serious harm to, or10 HOUSE SPONSORSHIP Winter T., Armagost, Bottoms, Bradfield, Bradley, DeGraaf, Evans, Frizell, Hartsook, Holtorf, Pugliese, Taggart, Weinberg SENATE SPONSORSHIP Liston, Baisley, Pelton B., Pelton R., Rich, Simpson, Will Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. physical restraint against, any person; by means of any scheme, plan, or1 pattern intended to cause the person to believe that if the person did not2 perform such labor or services, the person or another person would suffer3 serious harm or physical restraint; or by means of the abuse or threatened4 abuse of law or the legal process; (ii) imposed on the basis of a protected5 characteristic; (iii) not offered or provided voluntarily by the worker; or6 (iv) produced through oppressive child labor; and7 WHEREAS, Oppressive child labor is a condition of employment8 under which any person under the age of fourteen years is employed in an9 occupation hazardous for the employment of children, such as10 manufacturing or mining; and11 WHEREAS, Concerns about the use of forced labor to create these12 components and materials prompted the federal government to pass the13 Uyghur Forced Labor Prevention Act (UFLPA) with overwhelming14 bipartisan support; and15 WHEREAS, Under the UFLPA, there is a rebuttable presumption16 that any product manufactured in whole or in part in the Xinjiang Uyghur17 Autonomous Region was produced by forced labor; and18 WHEREAS, The United States Department of the Treasury19 recently restricted the application of its newly created tax credits for20 electric vehicles in a press release dated March 31, 2023, so that21 "[b]eginning in 2024, an eligible clean vehicle may not contain any22 battery components that are manufactured by a foreign entity of concern23 and beginning in 2025 an eligible clean vehicle may not contain any24 critical minerals that were extracted, processed, or recycled by a foreign25 entity of concern"; and26 WHEREAS, The federal government recently proposed a27 regulation for another act that any company subject to China's jurisdiction28 will be defined as a "foreign entity of concern", which would prevent29 federal tax credits from supporting sales of electric vehicles made with30 battery components from Chinese entities; and31 WHEREAS, Many electric vehicles are being made with32 components created through the use of oppressive child labor, most33 notably, through cobalt ore mined in dangerous conditions by thousands34 of young children in the Democratic Republic of the Congo and sent to35 China for use in manufacturing lithium-ion batteries; and36 HJR24-1023 -2- WHEREAS, According to a 2022 report from the United States1 Department of Labor, "downstream products containing lithium-ion2 batteries may be produced with an input produced with child labor, such3 as electric cars"; now, therefore,4 Be It Resolved by the House of Representatives of the5 Seventy-fourth General Assembly of the State of Colorado, the Senate6 concurring herein:7 (1) That the state of Colorado opposes the use of forced labor and8 finds that forced labor is repugnant and deplorable, violates basic human9 rights, constitutes discrimination, and damages free and fair competition;10 and11 (2) That the state of Colorado will take steps to ensure that12 taxpayer dollars are not being used to pay for electric vehicles that may13 have been partly manufactured through forced labor.14 HJR24-1023 -3-