Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0786.01 Sarah Lozano x3858
SENATE BILL 24-081
Senate Committees House Committees
Business, Labor, & Technology Business Affairs & Labor
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
HOUSE
3rd Reading Unamended
April 17, 2024
HOUSE
Amended 2nd Reading
April 15, 2024
SENATE
3rd Reading Unamended
March 25, 2024
SENATE
Amended 2nd Reading
March 22, 2024
SENATE SPONSORSHIP
Cutter, Bridges, Buckner, Coleman, Danielson, Exum, Gonzales, Jaquez Lewis, Kolker,
Michaelson Jenet, Priola, Winter F.
HOUSE SPONSORSHIP
Kipp and Rutinel, Amabile, Bacon, Boesenecker, deGruy Kennedy, Duran, Froelich,
Garcia, Herod, Joseph, Lindsay, Mabrey, Marvin, McCormick, Sirota, Snyder, Story, Titone,
Valdez, Velasco, Vigil, Willford, Woodrow
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), (1.7), (2.5), (4)(c), (16.5),20
(16.7), (23.5), 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 (1.7) (a) "AUTOMOTIVE CLEANING PRODUCT" MEANS A5
CHEMICALLY FORMULATED CONSUMER PRODUCT LABELED TO INDICATE6
THAT THE PURPOSE OF THE PRODUCT IS TO MAINTAIN THE APPEARANCE OF7
A MOTOR VEHICLE, INCLUDING PRODUCTS FOR WASHING, WAXING,8
POLISHING, CLEANING, OR TREATING THE EXTERIOR OR INTERIOR9
SURFACES OF MOTOR VEHICLES.10
(b) "AUTOMOTIVE CLEANING PRODUCT" DOES NOT INCLUDE11
AUTOMOTIVE PAINT OR PAINT REPAIR PRODUCTS .12
(2.5) (a) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT USED13
PRIMARILY FOR DOMESTIC, COMMERCIAL, OR INSTITUTIONAL CLEANING14
PURPOSES.15
(b) "CLEANING PRODUCT" INCLUDES AN AIR CARE PRODUCT, AN16
AUTOMOTIVE CLEANING PRODUCT, A GENERAL CLEANING PRODUCT, AND17
A POLISH OR FLOOR MAINTENANCE PRODUCT .18
19
(4) (c) "C
OOKWARE" DOES NOT INCLUDE FOOD EQUIPMENT
20
INTENDED PRIMARILY FOR USE IN COMMERCIAL SETTINGS , INCLUDING21
FOOD EQUIPMENT SOLD TO A BUSINESS THAT HAS A RETAIL FOOD22
ESTABLISHMENT LICENSE.23
(6) "Department" means the Colorado department of public health24
and environment.25
(8) "Executive director" means the executive director of the26
department or the executive director's designee.27
081
-4- (16.5) (a) "OUTDOOR APPAREL" MEANS APPAREL INTENDED1
PRIMARILY FOR USE IN OUTDOOR ACTIVITIES , INCLUDING BICYCLING,2
CAMPING, CLIMBING, FISHING, HIKING, AND SKIING.3
(b) "O
UTDOOR APPAREL" DOES NOT INCLUDE OUTDOOR APPAREL4
FOR SEVERE WET CONDITIONS.5
(16.7) (a) "O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS "6
MEANS OUTDOOR APPAREL THAT IS :7
(I) A
N EXTREME AND EXTENDED USE PRODUCT THAT PROVIDES8
PROTECTION AGAINST EXTENDED EXPOSURE TO EXTREME RAIN9
CONDITIONS OR AGAINST EXTENDED IMMERSION IN WATER OR WET10
CONDITIONS, SUCH AS SNOW CONDITIONS , IN ORDER TO PROTECT THE11
HEALTH AND SAFETY OF THE USER;12
(II) D
ESIGNED FOR USE BY OUTDOOR SPORTS EXPERTS ; AND13
(III) N
OT MARKETED FOR GENERAL CONSUMER USE .14
(b) "O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS " INCLUDES15
OUTERWEAR INTENDED FOR USE IN OFFSHORE FISHING , OFFSHORE SAILING,16
WHITEWATER KAYAKING , AND MOUNTAINEERING.17
(c) "O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS " DOES NOT
18
INCLUDE PERSONAL FLOTATION DEVICES MADE FOR THE HEALTH AND19
SAFETY OF THE USER.20
(20) (c) "Product" does not include:21
(I) Drugs, medical devices, biologics, or diagnostics approved or22
authorized USED IN A MEDICAL SETTING OR IN MEDICAL APPLICATIONS23
REGULATED by the federal food and drug administration; or the federal24
department of agriculture; or25
(II) Veterinary pesticide
AND PARASITICIDE products approved by
26
the federal environmental protection agency
OR THE FEDERAL
27
081
-5- DEPARTMENT OF AGRICULTURE for use in animals; or1
(II.5) B
IOLOGICS OR DIAGNOSTICS APPROVED BY THE FEDERAL
2
DEPARTMENT OF AGRICULTURE FOR USE IN A VETERINARY SETTING OR IN3
VETERINARY APPLICATIONS; OR4
(III) Packaging used for the products described in subsections5
(20)(c)(I), and (20)(c)(II), OR (20)(c)(II.5) of this section.6
(23.5) "S
KI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM7
OF SNOW RUNNERS, INCLUDING SKIS AND SNOWBOARDS , TO IMPROVE THE8
GRIP OR GLIDE PROPERTIES OF THE SNOW RUNNERS .9
(24.5) (a) "T
EXTILE ARTICLE" MEANS A TEXTILE THAT IS10
PRIMARILY USED IN HOUSEHOLDS AND BUSINESSES .11
(b) "T
EXTILE ARTICLE" INCLUDES ACCESSORIES , APPAREL,12
BACKPACKS, AND HANDBAGS.13
(c) "T
EXTILE ARTICLE" DOES NOT INCLUDE:14
(I) O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS ;15
(II) O
UTDOOR TEXTILE FURNISHINGS;16
(III) O
UTDOOR UPHOLSTERED FURNITURE ; AND17
(IV) T
EXTILE ARTICLES USED IN MEDICAL , PROFESSIONAL, OR18
INDUSTRIAL SETTINGS.19
SECTION 4.
In Colorado Revised Statutes, 25-15-604, add20
(2)(g), (2.5), (3.5), and (5) as follows:21
25-15-604. Prohibition on the sale or distribution of certain22
products that contain intentionally added PFAS chemicals - product23
disclosure requirements - repeal. (2) (g) T
HIS SUBSECTION (2) IS24
REPEALED, EFFECTIVE JANUARY 1, 2026.
25
(2.5) (a) O
N AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT26
SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN27
081
-6- THE STATE, INCLUDING IN AN INTERNET LISTING OR TRANSACTION , AN1
OUTDOOR APPAREL FOR SEVERE WET CONDITIONS PRODUCT THAT2
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS UNLESS THE3
PRODUCT IS ACCOMPANIED BY A LEGIBLE AND EASILY DISCERNIBLE4
DISCLOSURE THAT INCLUDES THE PHRASE "MADE WITH PFAS CHEMICALS".5
(b) T
HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JANUARY 1,6
2028.7
8
(3.5) O
N AND AFTER JANUARY 1, 2026, A PERSON SHALL NOT SELL,
9
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE10
STATE THE FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED11
PFAS
CHEMICALS:
12
(a) CLEANING PRODUCTS, EXCEPT FOR CLEANING PRODUCTS THAT13
ARE FLOOR MAINTENANCE PRODUCTS USED IN HOSPITAL OR MEDICAL14
SETTINGS;15
(b) COOKWARE;16
(c) DENTAL FLOSS;17
(d) MENSTRUATION PRODUCTS; AND18
(e) SKI WAX.19
(5) O
N AND AFTER JANUARY 1, 2028, A PERSON SHALL NOT SELL,20
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE
THE21
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS22
CHEMICALS:23
(a) CLEANING PRODUCTS THAT ARE FLOOR MAINTENANCE24
PRODUCTS USED IN HOSPITAL OR MEDICAL SETTINGS ;25
(b) TEXTILE ARTICLES;26
(c) OUTDOOR APPAREL FOR SEVERE WET CONDITIONS ; AND27
081
-7- (d) FOOD EQUIPMENT INTENDED PRIMARILY FOR USE IN1
COMMERCIAL SETTINGS THAT COMES INTO DIRECT CONTACT WITH FOOD .2
3
SECTION 5. In Colorado Revised Statutes, add 25-15-605 as4
follows:5
25-15-605. Prohibition on the installation of artificial turf that6
contains intentionally added PFAS chemicals. (1) O
N AND AFTER7
J
ANUARY 1, 2026
, A PERSON SHALL NOT INSTALL ARTIFICIAL TURF THAT8
CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS ON ANY PORTION OF9
PROPERTY IN THE STATE.10
(2) N
OTHING IN THIS SECTION PROHIBITS A PERSON FROM11
MAINTAINING ARTIFICIAL TURF INSTALLED BEFORE JANUARY 1, 2026
.12
SECTION 6. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
081
-8-