Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0786.01 Sarah Lozano x3858
SENATE BILL 24-081
Senate Committees House Committees
Business, Labor, & Technology
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
.)
Current law prohibits the sale or distribution of class B firefighting
foam that contains perfluoroalkyl and polyfluoroalkyl chemicals (PFAS
chemicals). Section 1 of the bill, on and after January 1, 2025, repeals the
exemption from the prohibition for gasoline distribution facilities,
refineries, and chemical plants.
Current law also prohibits the sale or distribution of products in
SENATE SPONSORSHIP
Cutter,
HOUSE SPONSORSHIP
Kipp and Rutinel,
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. certain product categories on and after certain dates if the products
contain intentionally added PFAS chemicals (product phaseout timeline).
Current law exempts from the definition of "product" drugs, medical
devices, biologics, or diagnostics (medical products) approved or
authorized by the federal food and drug administration or the federal
department of agriculture (applicable federal agencies), but not medical
products cleared by the applicable federal agencies. The bill changes
current law by:
! Clarifying that medical products cleared by the applicable
federal agencies are also exempted from the definition of
"product" (section 4);
! On and after January 1, 2025, prohibiting the sale or
distribution of certain outdoor apparel intended for extreme
or extended use in severe wet conditions (outdoor apparel
for severe wet conditions) that contains intentionally added
PFAS chemicals unless the product is accompanied by a
disclosure that states that the product contains PFAS
chemicals (disclosure requirement) (section 5);
! On and after January 1, 2025, as part of the product
phaseout timeline, banning the sale or distribution of
cleaning products, cookware, dental floss, menstruation
products, ski wax, and textile articles that contain
intentionally added PFAS chemicals (section 5);
! On and after January 1, 2028, repealing the disclosure
requirement and banning the sale or distribution of outdoor
apparel for severe wet conditions that contains intentionally
added PFAS chemicals (section 5);
! On and after January 1, 2032, repealing the product
phaseout timeline (section 5) and prohibiting the sale or
distribution of any nonexempted product that contains
intentionally added PFAS chemicals (section 6); and
! On and after July 1, 2024, prohibiting a person from
installing artificial turf that contains intentionally added
PFAS chemicals on any portion of property in the state
(section 6).
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-5-1303, amend2
(2) introductory portion, (2)(b), and (2)(c) as follows:3
25-5-1303. Restriction on sale of certain firefighting foams -4
exemptions - repeal. (2) N
OTWITHSTANDING SECTION 25-15-605, the5
SB24-081-2- restrictions in subsection (1) of this section do not apply to the1
manufacture, sale, or distribution of class B firefighting foam:2
(b) For use at a gasoline, special fuel, or jet fuel storage and3
distribution facility that is supplied by a pipeline, vessel, or refinery; a4
tank farm from which gasoline, special fuel, or jet fuel may be removed5
for distribution; or a refinery. T
HIS SUBSECTION (2)(b) IS REPEALED,6
EFFECTIVE JANUARY 1, 2025.7
(c) For use at a chemical plant. and
THIS SUBSECTION (2)(c) IS8
REPEALED, EFFECTIVE JANUARY 1, 2025.9
SECTION 2. In Colorado Revised Statutes, amend 25-15-601 as10
follows:11
25-15-601. Short title. The short title of this part 6 is the12
"Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection13
Act".14
SECTION 3. In Colorado Revised Statutes, 25-15-602, amend15
(1) introductory portion, (1)(f) introductory portion, and (2) as follows:16
25-15-602. Legislative declaration. (1) The general assembly17
hereby finds and declares that:18
(f) If the widespread sale and distribution of products that contain19
intentionally added PFAS chemicals continues AND THE INSTALLATION OF20
ARTIFICIAL TURF THAT CONTAINS INTENTIONALLY ADDED PFAS21
CHEMICALS CONTINUE in the state:22
(2) The general assembly therefore determines and declares that23
it is imperative for the health and safety of the state's residents to: create24
a regulatory scheme that phases25
(a) P
HASE out AND EVENTUALLY PROHIBIT the sale or distribution26
of certain
products and product categories in the state that contain27
SB24-081
-3- intentionally added PFAS chemicals; AND1
(b) P
ROHIBIT THE INSTALLATION OF ARTIFICIAL TURF THAT2
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS.3
SECTION 4. In Colorado Revised Statutes, 25-15-603, amend4
(20)(c)(I); repeal (6) and (8); and add (1.5), (2.5), (16.5), (16.7), (23.5),5
and (24.5) as follows:6
25-15-603. Definitions - repeal. As used in this part 6, unless the7
context otherwise requires:8
(1.5) "A
PPAREL" MEANS:9
(a) C
LOTHING ITEMS INTENDED FOR REGULAR WEAR OR FORMAL10
OCCASIONS, INCLUDING ATHLETIC WEAR, BIBS, BODYSUITS, COSTUMES,11
DANCEWEAR, DIAPERS, DRESSES, EVERYDAY SWIMWEAR, EVERYDAY WORK12
UNIFORMS, FOOTWEAR, FORMAL WEAR, LEGGINGS, LEISUREWEAR, ONESIES,13
OVERALLS, PANTS, SARIS, SCARVES, SCHOOL UNIFORMS, SHIRTS, SKIRTS,14
SPORTS UNIFORMS, SUITS, TOPS, UNDERGARMENTS, AND VESTS; AND15
(b) O
UTDOOR APPAREL.16
(2.5) (a) "C
LEANING PRODUCT" MEANS A FINISHED PRODUCT USED17
PRIMARILY FOR DOMESTIC, COMMERCIAL, OR INSTITUTIONAL CLEANING18
PURPOSES.19
(b) "C
LEANING PRODUCT" INCLUDES AN AIR CARE PRODUCT, AN20
AUTOMOTIVE MAINTENANCE PRODUCT , A GENERAL CLEANING PRODUCT ,21
AND A POLISH OR FLOOR MAINTENANCE PRODUCT .22
(6) "Department" means the Colorado department of public health
23
and environment.24
(8) "Executive director" means the executive director of the25
department or the executive director's designee.26
(16.5) (a) "O
UTDOOR APPAREL" MEANS APPAREL INTENDED27
SB24-081
-4- PRIMARILY FOR USE IN OUTDOOR ACTIVITIES , INCLUDING BICYCLING,1
CAMPING, CLIMBING, FISHING, HIKING, AND SKIING.2
(b) "O
UTDOOR APPAREL" DOES NOT INCLUDE OUTDOOR APPAREL3
FOR SEVERE WET CONDITIONS.4
(16.7) (a) "O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS "5
MEANS OUTDOOR APPAREL THAT IS :6
(I) A
N EXTREME AND EXTENDED USE PRODUCT THAT PROVIDES7
PROTECTION AGAINST EXTENDED EXPOSURE TO EXTREME RAIN8
CONDITIONS OR AGAINST EXTENDED IMMERSION IN WATER OR WET9
CONDITIONS, SUCH AS SNOW CONDITIONS , IN ORDER TO PROTECT THE10
HEALTH AND SAFETY OF THE USER;11
(II) D
ESIGNED FOR USE BY OUTDOOR SPORTS EXPERTS ; AND12
(III) N
OT MARKETED FOR GENERAL CONSUMER USE .13
(b) "O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS " INCLUDES14
OUTERWEAR INTENDED FOR USE IN OFFSHORE FISHING , OFFSHORE SAILING,15
WHITEWATER KAYAKING , AND MOUNTAINEERING.16
(20) (c) "Product" does not include:17
(I) Drugs, medical devices, biologics, or diagnostics approved,18
CLEARED, or authorized by the federal food and drug administration or the19
federal department of agriculture; or
20
(23.5) "S
KI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM21
OF SNOW RUNNERS, INCLUDING SKIS AND SNOWBOARDS , TO IMPROVE THE22
GRIP OR GLIDE PROPERTIES OF THE SNOW RUNNERS .23
(24.5) (a) "T
EXTILE ARTICLE" MEANS A TEXTILE THAT IS24
PRIMARILY USED IN HOUSEHOLDS AND BUSINESSES .25
(b) "T
EXTILE ARTICLE" INCLUDES ACCESSORIES , APPAREL,26
BACKPACKS, AND HANDBAGS.27
SB24-081
-5- (c) "TEXTILE ARTICLE" DOES NOT INCLUDE:1
(I) O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS ;2
(II) O
UTDOOR TEXTILE FURNISHINGS;3
(III) O
UTDOOR UPHOLSTERED FURNITURE ; AND4
(IV) T
EXTILE ARTICLES USED IN MEDICAL , PROFESSIONAL, OR5
INDUSTRIAL SETTINGS.6
SECTION 5. In Colorado Revised Statutes, 25-15-604, amend7
(3); and add (2)(g), (2.5), (5), and (6) as follows:8
25-15-604. Prohibition on the sale or distribution of certain9
products that contain intentionally added PFAS chemicals - product10
disclosure requirements - repeal. (2) (g) T
HIS SUBSECTION (2) IS11
REPEALED, EFFECTIVE JANUARY 1, 2025.12
(2.5) (a) O
N AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT13
SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN14
THE STATE, INCLUDING IN AN INTERNET LISTING OR TRANSACTION , AN15
OUTDOOR APPAREL FOR SEVERE WET CONDITIONS PRODUCT THAT16
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS UNLESS THE17
PRODUCT IS ACCOMPANIED BY A LEGIBLE AND EASILY DISCERNIBLE18
DISCLOSURE THAT INCLUDES THE PHRASE "MADE WITH PFAS CHEMICALS".19
(b) T
HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JANUARY 1,20
2028.21
(3) On and after January 1, 2025, a person shall not sell, offer for22
sale, distribute for sale, or distribute for use the following products that23
contain intentionally added PFAS chemicals:24
(a) C
LEANING PRODUCTS;25
(b) C
OOKWARE;26
(a)
(c) Cosmetics;27
SB24-081
-6- (d) DENTAL FLOSS;1
(b) (e) Indoor textile furnishings; and2
(c) (f) Indoor upholstered furniture;3
(g) M
ENSTRUATION PRODUCTS;4
(h) S
KI WAX; AND5
(i) T
EXTILE ARTICLES.6
(5) O
N AND AFTER JANUARY 1, 2028, A PERSON SHALL NOT SELL,7
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE AN8
OUTDOOR APPAREL FOR SEVERE WET CONDITIONS PRODUCT THAT9
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS.10
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2032.11
SECTION 6. In Colorado Revised Statutes, add 25-15-605 and12
25-15-606 as follows:13
25-15-605. Prohibition on the sale or distribution of consumer14
products that contain intentionally added PFAS chemicals. (1) O
N15
AND AFTER JANUARY 1, 2032, A PERSON SHALL NOT SELL, OFFER FOR SALE,16
DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE STATE ANY17
PRODUCT THAT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS,18
INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT IN THE FOLLOWING19
PRODUCT CATEGORIES:20
(a) C
ARPETS OR RUGS;21
(b) C
LEANING PRODUCTS;22
(c) C
OOKWARE;23
(d) C
OSMETICS;24
(e) D
ENTAL FLOSS;25
(f) F
ABRIC TREATMENTS;26
(g) F
OOD PACKAGING;27
SB24-081
-7- (h) JUVENILE PRODUCTS;1
(i) M
ENSTRUATION PRODUCTS;2
(j) O
IL AND GAS PRODUCTS;3
(k) O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS ;4
(l) S
KI WAX;5
(m) T
EXTILE ARTICLES;6
(n) T
EXTILE FURNISHINGS; AND7
(o) U
PHOLSTERED FURNITURE.8
25-15-606. Prohibition on the installation of artificial turf that9
contains intentionally added PFAS chemicals. (1) O
N AND AFTER JULY10
1,
2024, A PERSON SHALL NOT INSTALL ARTIFICIAL TURF THAT CONTAINS11
INTENTIONALLY ADDED PFAS CHEMICALS ON ANY PORTION OF PROPERTY12
IN THE STATE.13
(2) N
OTHING IN THIS SECTION PROHIBITS A PERSON FROM14
MAINTAINING ARTIFICIAL TURF INSTALLED BEFORE JULY 1, 2024.15
SECTION 7. Safety clause. The general assembly finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety or for appropriations for18
the support and maintenance of the departments of the state and state19
institutions.20
SB24-081
-8-