Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 22, 2024
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
2
SECTION 1. In Colorado Revised Statutes, amend 25-15-601 as3
follows:4
25-15-601. Short title. The short title of this part 6 is the5
081-2- "Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection1
Act".2
SECTION 2. In Colorado Revised Statutes, 25-15-602, amend3
(1) introductory portion, (1)(f) introductory portion, and (2) as follows:4
25-15-602. Legislative declaration. (1) The general assembly5
hereby finds and declares that:6
(f) If the widespread sale and distribution of products that contain7
intentionally added PFAS chemicals continues AND THE INSTALLATION OF8
ARTIFICIAL TURF THAT CONTAINS INTENTIONALLY ADDED PFAS9
CHEMICALS CONTINUE in the state:10
(2) The general assembly therefore determines and declares that11
it is imperative for the health and safety of the state's residents to create12
a regulatory scheme that:13
(a) Phases out the sale or distribution of certain products and14
product categories in the state that contain intentionally added PFAS15
chemicals;
AND16
(b) P
ROHIBITS
THE INSTALLATION OF ARTIFICIAL TURF THAT17
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS.18
SECTION 3. In Colorado Revised Statutes, 25-15-603, amend19
(20)(c); repeal (6) and (8); and add (1.5), (4)(c), (16.5), (16.7), (23.5),20
and (24.5) as follows:21
25-15-603. Definitions - repeal. As used in this part 6, unless the22
context otherwise requires:23
(1.5) "A
PPAREL" MEANS:24
(a) C
LOTHING ITEMS INTENDED FOR REGULAR WEAR OR FORMAL25
OCCASIONS, INCLUDING ATHLETIC WEAR, BIBS, BODYSUITS, COSTUMES,26
DANCEWEAR, DIAPERS, DRESSES, EVERYDAY SWIMWEAR, EVERYDAY WORK27
081
-3- UNIFORMS, FOOTWEAR, FORMAL WEAR, LEGGINGS, LEISUREWEAR, ONESIES,1
OVERALLS, PANTS, SARIS, SCARVES, SCHOOL UNIFORMS, SHIRTS, SKIRTS,2
SPORTS UNIFORMS, SUITS, TOPS, UNDERGARMENTS, AND VESTS; AND3
(b) O
UTDOOR APPAREL.4
5
(4) (c) "C
OOKWARE" DOES NOT INCLUDE FOOD EQUIPMENT
6
INTENDED PRIMARILY FOR USE IN COMMERCIAL SETTINGS , INCLUDING7
FOOD EQUIPMENT SOLD TO A BUSINESS THAT HAS A RETAIL FOOD8
ESTABLISHMENT LICENSE.9
(6) "Department" means the Colorado department of public health10
and environment.11
(8) "Executive director" means the executive director of the12
department or the executive director's designee.13
(16.5) (a) "O
UTDOOR APPAREL" MEANS APPAREL INTENDED14
PRIMARILY FOR USE IN OUTDOOR ACTIVITIES , INCLUDING BICYCLING,15
CAMPING, CLIMBING, FISHING, HIKING, AND SKIING.16
(b) "O
UTDOOR APPAREL" DOES NOT INCLUDE OUTDOOR APPAREL17
FOR SEVERE WET CONDITIONS.18
(16.7) (a) "O
UTDOOR APPAREL FOR SEVERE WET C ONDITIONS "19
MEANS OUTDOOR APPAREL THAT IS :20
(I) A
N EXTREME AND EXTENDED USE PRODUCT THAT PROVIDES21
PROTECTION AGAINST EXTENDED EXPOSURE TO EXTREME RAIN22
CONDITIONS OR AGAINST EXTENDED IMMERSION IN WATER OR WET23
CONDITIONS, SUCH AS SNOW CONDITIONS , IN ORDER TO PROTECT THE24
HEALTH AND SAFETY OF THE USER;25
(II) D
ESIGNED FOR USE BY OUTDOOR SPORTS EXPERTS ; AND26
(III) N
OT MARKETED FOR GENERAL CONSUMER USE .27
081
-4- (b) "OUTDOOR APPAREL FOR SEVERE WET CONDITIONS " INCLUDES1
OUTERWEAR INTENDED FOR USE IN OFFSHORE FISHING , OFFSHORE SAILING,2
WHITEWATER KAYAKING , AND MOUNTAINEERING.3
(c) "O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS " DOES NOT
4
INCLUDE PERSONAL FLOTATION DEVICES MADE FOR THE HEALTH AND5
SAFETY OF THE USER.6
(20) (c) "Product" does not include:7
(I) Drugs, medical devices, biologics, or diagnostics approved or8
authorized USED IN A MEDICAL SETTING OR IN MEDICAL APPLICATIONS9
REGULATED by the federal food and drug administration; or the federal10
department of agriculture; or11
(II) Veterinary pesticide
AND PARASITICIDE products approved by
12
the federal environmental protection agency
OR THE FEDERAL
13
DEPARTMENT OF AGRICULTURE for use in animals; or14
(II.5) B
IOLOGICS OR DIAGNOSTICS APPROVED BY THE FEDERAL
15
DEPARTMENT OF AGRICULTURE FOR USE IN A VETERINARY SETTING OR IN16
VETERINARY APPLICATIONS; OR17
(III) Packaging used for the products described in subsections18
(20)(c)(I), and (20)(c)(II), OR (20)(c)(II.5) of this section.19
(23.5) "S
KI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM20
OF SNOW RUNNERS, INCLUDING SKIS AND SNOWBOARDS , TO IMPROVE THE21
GRIP OR GLIDE PROPERTIES OF THE SNOW RUNNERS .22
(24.5) (a) "T
EXTILE ARTICLE" MEANS A TEXTILE THAT IS23
PRIMARILY USED IN HOUSEHOLDS AND BUSINESSES .24
(b) "T
EXTILE ARTICLE" INCLUDES ACCESSORIES , APPAREL,25
BACKPACKS, AND HANDBAGS.26
(c) "T
EXTILE ARTICLE" DOES NOT INCLUDE:27
081
-5- (I) OUTDOOR APPAREL FOR SEVERE WET CONDITIONS ;1
(II) O
UTDOOR TEXTILE FURNISHINGS;2
(III) O
UTDOOR UPHOLSTERED FURNITURE ; AND3
(IV) T
EXTILE ARTICLES USED IN MEDICAL , PROFESSIONAL, OR4
INDUSTRIAL SETTINGS.5
SECTION 4.
In Colorado Revised Statutes, 25-15-604, add6
(2)(g), (2.5), (3.5), and (5) as follows:7
25-15-604. Prohibition on the sale or distribution of certain8
products that contain intentionally added PFAS chemicals - product9
disclosure requirements - repeal. (2) (g) T
HIS SUBSECTION (2) IS10
REPEALED, EFFECTIVE JANUARY 1, 2026.
11
(2.5) (a) O
N AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT12
SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN13
THE STATE, INCLUDING IN AN INTERNET LISTING OR TRANSACTION , AN14
OUTDOOR APPAREL FOR SEVERE WET CONDITIONS PRODUCT THAT15
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS UNLESS THE16
PRODUCT IS ACCOMPANIED BY A LEGIBLE AND EASILY DISCERNIBLE17
DISCLOSURE THAT INCLUDES THE PHRASE "MADE WITH PFAS CHEMICALS".18
(b) T
HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JANUARY 1,19
2028.20
21
(3.5) O
N AND AFTER JANUARY 1, 2026, A PERSON SHALL NOT SELL,
22
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE23
STATE THE FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED24
PFAS
CHEMICALS:
25
(a) C
OOKWARE;
26
(b) D
ENTAL FLOSS;
27
081
-6- (c) MENSTRUATION PRODUCTS; AND1
(d) S
KI WAX.
2
(5) O
N AND AFTER JANUARY 1, 2028, A PERSON SHALL NOT SELL,3
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE
THE4
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS5
CHEMICALS:6
(a) T
EXTILE ARTICLES;
7
(b) O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS ; AND
8
(c) F
OOD EQUIPMENT INTENDED PRIMARILY FOR USE IN
9
COMMERCIAL SETTINGS THAT COMES INTO DIRECT CONTACT WITH FOOD .10
11
SECTION 5. In Colorado Revised Statutes, add 25-15-605 as12
follows:13
25-15-605. Prohibition on the installation of artificial turf that14
contains intentionally added PFAS chemicals. (1) O
N AND AFTER15
J
ANUARY 1, 2026
, A PERSON SHALL NOT INSTALL ARTIFICIAL TURF THAT16
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS ON ANY PORTION OF17
PROPERTY IN THE STATE.18
(2) N
OTHING IN THIS SECTION PROHIBITS A PERSON FROM19
MAINTAINING ARTIFICIAL TURF INSTALLED BEFORE JANUARY 1, 2026
.20
SECTION 6. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
081
-7-