SENATE BILL 24-081
BY SENATOR(S) Cutter, Bridges, Buckner, Coleman, Danielson, Exum,
Gonzales, Jaquez Lewis, Kolker, Michaelson Jenet, Priola, Winter F.;
also REPRESENTATIVE(S) 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.
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, amend 25-15-601 as
follows:
25-15-601. Short title. The short title of this part 6 is the
"Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer
Protection Act".
SECTION 2. In Colorado Revised Statutes, 25-15-602, amend (1)
introductory portion, (1)(f) introductory portion, and (2) as follows:
25-15-602. Legislative declaration. (1) The general assembly
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. hereby finds and declares that:
(f) If the widespread sale and distribution of products that contain
intentionally added PFAS chemicals continues AND THE INSTALLATION OF
ARTIFICIAL TURF THAT CONTAINS INTENTIONALLY ADDED
PFAS CHEMICALS
CONTINUE
in the state:
(2) The general assembly therefore determines and declares that it
is imperative for the health and safety of the state's residents to create a
regulatory scheme that:
(a) Phases out the sale or distribution of certain products and
product categories in the state that contain intentionally added PFAS
chemicals;
AND
(b) PROHIBITS THE INSTALLATION OF ARTIFICIAL TURF THAT
CONTAINS INTENTIONALLY ADDED
PFAS CHEMICALS.
SECTION 3. In Colorado Revised Statutes, 25-15-603, amend
(20)(c); repeal (6) and (8); and add (1.5), (1.7), (2.5), (4)(c), (16.5), (16.7),
(23.5), and (24.5) as follows:
25-15-603. Definitions - repeal. As used in this part 6, unless the
context otherwise requires:
(1.5) "A
PPAREL" MEANS:
(a) C
LOTHING ITEMS INTENDED FOR REGULAR WEAR OR FORMAL
OCCASIONS
, INCLUDING ATHLETIC WEAR , BIBS, BODYSUITS, COSTUMES,
DANCEWEAR, DIAPERS, DRESSES, EVERYDAY SWIMWEAR , EVERYDAY WORK
UNIFORMS
, FOOTWEAR, FORMAL WEAR, LEGGINGS, LEISUREWEAR, ONESIES,
OVERALLS, PANTS, SARIS, SCARVES, SCHOOL UNIFORMS, SHIRTS, SKIRTS,
SPORTS UNIFORMS, SUITS, TOPS, UNDERGARMENTS, AND VESTS; AND
(b) OUTDOOR APPAREL.
(1.7) (a) "A
UTOMOTIVE CLEANING PRODUCT " MEANS A CHEMICALLY
FORMULATED CONSUMER PRODUCT LABELED TO INDICATE THAT THE
PURPOSE OF THE PRODUCT IS TO MAINTAIN THE APPEARANCE OF A MOTOR
VEHICLE
, INCLUDING PRODUCTS FOR WASHING , WAXING, POLISHING,
PAGE 2-SENATE BILL 24-081 CLEANING, OR TREATING THE EXTERIOR OR INTERIOR SURFACES OF MOTOR
VEHICLES
.
(b) "A
UTOMOTIVE CLEANING PRODUCT " DOES NOT INCLUDE
AUTOMOTIVE PAINT OR PAINT REPAIR PRODUCTS
.
(2.5) (a) "C
LEANING PRODUCT" MEANS A FINISHED PRODUCT USED
PRIMARILY FOR DOMESTIC
, COMMERCIAL, OR INSTITUTIONAL CLEANING
PURPOSES
.
(b) "C
LEANING PRODUCT" INCLUDES AN AIR CARE PRODUCT , AN
AUTOMOTIVE CLEANING PRODUCT
, A GENERAL CLEANING PRODUCT , AND A
POLISH OR FLOOR MAINTENANCE PRODUCT
.
(4) (c) "C
OOKWARE" DOES NOT INCLUDE FOOD EQUIPMENT INTENDED
PRIMARILY FOR USE IN COMMERCIAL SETTINGS
, INCLUDING FOOD EQUIPMENT
SOLD TO A BUSINESS THAT HAS A RETAIL FOOD ESTABLISHMENT LICENSE
.
(6) "Department" means the Colorado department of public health
and environment.
(8) "Executive director" means the executive director of the
department or the executive director's designee.
(16.5) (a) "OUTDOOR APPAREL" MEANS APPAREL INTENDED
PRIMARILY FOR USE IN OUTDOOR ACTIVITIES
, INCLUDING BICYCLING,
CAMPING, CLIMBING, FISHING, HIKING, AND SKIING.
(b) "O
UTDOOR APPAREL" DOES NOT INCLUDE OUTDOOR APPAREL FOR
SEVERE WET CONDITIONS
.
(16.7) (a) "O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS " MEANS
OUTDOOR APPAREL THAT IS
:
(I) A
N EXTREME AND EXTENDED USE PRODUCT THAT PROVIDES
PROTECTION AGAINST EXTENDED EXPOSURE TO EXTREME RAIN CONDITIONS
OR AGAINST EXTENDED IMMERSION IN WATER OR WET CONDITIONS
, SUCH AS
SNOW CONDITIONS
, IN ORDER TO PROTECT THE HEALTH AND SAFETY OF THE
USER
;
PAGE 3-SENATE BILL 24-081 (II) DESIGNED FOR USE BY OUTDOOR SPORTS EXPERTS ; AND
(III) NOT MARKETED FOR GENERAL CONSUMER USE .
(b) "O
UTDOOR APPAREL FOR SEVERE WET C ONDITIONS " INCLUDES
OUTERWEAR INTENDED FOR USE IN OFFSHORE FISHING
, OFFSHORE SAILING,
WHITEWATER KAYAKING , AND MOUNTAINEERING.
(c) "O
UTDOOR APPAREL FOR SEVERE WET C ONDITIONS " DOES NOT
INCLUDE PERSONAL FLOTATION DEVICES MADE FOR THE HEALTH AND SAFETY
OF THE USER
.
(20) (c) "Product" does not include:
(I) Drugs, medical devices, biologics, or diagnostics approved or
authorized USED IN A MEDICAL SETTING OR IN MEDICAL APPLICATIONS
REGULATED
by the federal food and drug administration; or the federaldepartment of agriculture; or
(II) Veterinary pesticide AND PARASITICIDE products approved by
the federal environmental protection agency
OR THE FEDERAL DEPARTMENT
OF AGRICULTURE
for use in animals; or (II.5) BIOLOGICS OR DIAGNOSTICS APPROVED BY THE FEDERAL
DEPARTMENT OF AGRICULTURE FOR USE IN A VETERINARY SETTING OR IN
VETERINARY APPLICATIONS
; OR
(III) Packaging used for the products described in subsections
(20)(c)(I), and (20)(c)(II), OR (20)(c)(II.5) of this section.
(23.5) "S
KI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF
SNOW RUNNERS
, INCLUDING SKIS AND SNOWBOARDS , TO IMPROVE THE GRIP
OR GLIDE PROPERTIES OF THE SNOW RUNNERS
.
(24.5) (a) "T
EXTILE ARTICLE" MEANS A TEXTILE THAT IS PRIMARILY
USED IN HOUSEHOLDS AND BUSINESSES
.
(b) "T
EXTILE ARTICLE" INCLUDES ACCESSORIES , APPAREL,
BACKPACKS, AND HANDBAGS.
PAGE 4-SENATE BILL 24-081 (c) "TEXTILE ARTICLE" DOES NOT INCLUDE:
(I) O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS ;
(II) O
UTDOOR TEXTILE FURNISHINGS;
(III) O
UTDOOR UPHOLSTERED FURNITURE ; AND
(IV) TEXTILE ARTICLES USED IN MEDICAL , PROFESSIONAL, OR
INDUSTRIAL SETTINGS
.
SECTION 4. In Colorado Revised Statutes, 25-15-604, add (2)(g),
(2.5), (3.5), and (5) as follows:
25-15-604. Prohibition on the sale or distribution of certain
products that contain intentionally added PFAS chemicals - product
disclosure requirements - repeal. (2) (g) T
HIS SUBSECTION (2) IS
REPEALED
, EFFECTIVE JANUARY 1, 2026.
(2.5) (a) O
N AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT
SELL
, OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE
STATE
, INCLUDING IN AN INTERNET LISTING OR TRANSACTION , AN OUTDOOR
APPAREL FOR SEVERE WET CONDITIONS PRODUCT THAT CONTAINS
INTENTIONALLY ADDED
PFAS CHEMICALS UNLESS THE PRODUCT IS
ACCOMPANIED BY A LEGIBLE AND EASILY DISCERNIBLE DISCLOSURE THAT
INCLUDES THE PHRASE
"MADE WITH PFAS CHEMICALS".
(b) T
HIS SUBSECTION (2.5) IS REPEALED, EFFECTIVE JANUARY 1,
2028.
(3.5) O
N AND AFTER JANUARY 1, 2026, A PERSON SHALL NOT SELL,
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE IN THE
STATE THE FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED
PFAS CHEMICALS:
(a) C
LEANING PRODUCTS, EXCEPT FOR CLEANING PRODUCTS THAT
ARE FLOOR MAINTENANCE PRODUCTS USED IN HOSPITAL OR MEDICAL
SETTINGS
;
(b) C
OOKWARE;
PAGE 5-SENATE BILL 24-081 (c) DENTAL FLOSS;
(d) M
ENSTRUATION PRODUCTS; AND
(e) SKI WAX.
(5) O
N AND AFTER JANUARY 1, 2028, 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) C
LEANING PRODUCTS THAT ARE FLOOR MAINTENANCE PRODUCTS
USED IN HOSPITAL OR MEDICAL SETTINGS
;
(b) T
EXTILE ARTICLES;
(c) O
UTDOOR APPAREL FOR SEVERE WET CONDITIONS ; AND
(d) FOOD EQUIPMENT INTENDED PRIMARILY FOR USE IN COMMERCIAL
SETTINGS THAT COMES INTO DIRECT CONTACT WITH FOOD
.
SECTION 5. In Colorado Revised Statutes, add 25-15-605 as
follows:
25-15-605. Prohibition on the installation of artificial turf that
contains intentionally added PFAS chemicals. (1) O
N AND AFTER
JANUARY 1, 2026, A PERSON SHALL NOT INSTALL ARTIFICIAL TURF THAT
CONTAINS INTENTIONALLY ADDED
PFAS CHEMICALS ON ANY PORTION OF
PROPERTY IN THE STATE
.
(2) N
OTHING IN THIS SECTION PROHIBITS A PERSON FROM
MAINTAINING ARTIFICIAL TURF INSTALLED BEFORE
JANUARY 1, 2026.
SECTION 6. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 6-SENATE BILL 24-081 preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 24-081