Colorado 2025 Regular Session

Colorado House Bill HB1277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		First Regular Session
2	2		Seventy-fifth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 25-0818.01 Clare Haffner x6137
8	8		HOUSE BILL 25-1277
9	9		House Committees Senate Committees
10	10		Energy & Environment
11	11		A BILL FOR AN ACT
12	12		C
13	13		ONCERNING MEASURES TO I NCREASE TRANSPARENCY REGARDING101
14	14		THE IMPACT OF THE CONSUMPTION OF CERTAIN FUEL102
15	15		PRODUCTS.103
16	16		Bill Summary
17	17		(Note: This summary applies to this bill as introduced and does
18	18		not reflect any amendments that may be subsequently adopted. If this bill
19	19		passes third reading in the house of introduction, a bill summary that
20	20		applies to the reengrossed version of this bill will be available at
21	21		http://leg.colorado.gov
22	22		.)
23	23		The bill prohibits a retailer from selling or displaying for sale
24	24		certain fuel products to consumers in the state unless the retailer provides
25	25		consumers with information about the impact of consuming the fuel
26	26		products by labeling the fuel products with the phrase "Combustion of
27	27		this product releases greenhouse gases known by the state of Colorado to
28	28		HOUSE
29		-	3rd Reading Unamended
30		-	April 2, 2025
31		-	HOUSE
32	29		Amended 2nd Reading
33	30		April 1, 2025
34	31		HOUSE SPONSORSHIP
35		-	Bacon and Joseph, ~~Garcia, Jackson, Lindsay, Story~~
	32	+	Bacon and Joseph,
36	33		SENATE SPONSORSHIP
37	34		Cutter,
38	35		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
39	36		Capital letters or bold & italic numbers indicate new material to be added to existing law.
40	37		Dashes through the words or numbers indicate deletions from existing law. be linked to global heating and significant health impacts."
41	38		A violation of the bill's requirements is a deceptive trade practice
42	39		under the "Colorado Consumer Protection Act".
43	40		Be it enacted by the General Assembly of the State of Colorado:1
44	41		SECTION 1. Legislative declaration. (1) The general assembly2
45	42		finds and declares that:3
46	43		(a) The majority of greenhouse gas emissions and anthropogenic4
47	44		ozone precursor emissions in Colorado come from the production and use5
48	45		of certain fuel products;6
49	46		(b) Failing to notify consumers about the impact of the7
50	47		consumption of certain fuel products poses a risk to public health;8
51	48		(c) Pursuant to the "Colorado Consumer Protection Act", article9
52	49		1 of title 6, Colorado Revised Statutes, it is a deceptive trade practice to10
53	50		knowingly or recklessly make a false representation as to the11
54	51		characteristics, ingredients, uses, benefits, alterations, or quantities of12
55	52		goods, food, services, or property or to knowingly or recklessly engage13
56	53		in any unfair, unconscionable, deceptive, deliberately misleading, false,14
57	54		or fraudulent act or practice; and15
58	55		(d) A person that, in the course of the person's business, fails to16
59	56		properly label a fuel product with a disclosure about the impact of the17
60	57		consumption of the fuel product engages in a deceptive trade practice.18
61	58		SECTION 2. In Colorado Revised Statutes, add part 16 to article19
62	59		5 of title 25 as follows:20
63	60		PART 1621
64	61		LABELING OF FUEL PRODUCTS22
65	62		25-5-1601. Legislative declaration. (1) T
66	63		HE GENERAL ASSEMBLY23
67	64		FINDS AND DECLARES THAT:24
68	65		1277-2- (a) THE STATE OF COLORADO IS WORKING TO REDUCE1
69	66		GREENHOUSE GAS EMISSIONS AND AIR POLLUTION TO MEET THE2
70	67		REQUIREMENTS OF SECTION 25-7-102 AND THE FEDERAL "CLEAN AIR3
71	68		A
72	69		CT", 42 U.S.C. SEC. 7401 ET SEQ., IMPROVE PUBLIC HEALTH , AND4
73	70		EFFECTUATE THE REDUCTION OF POLLUTION IN DISPROPORTIONATELY5
74	71		IMPACTED COMMUNITIES AS REQUIRED BY THE "ENVIRONMENTAL JUSTICE6
75	72		A
76	73		CT", AS ENACTED IN 2021 BY HOUSE BILL 21-1266;7
77	74		(b) T
78	75		HE MAJORITY OF GREENHOUSE GAS EMISSIONS AND8
79	76		ANTHROPOGENIC OZONE PRECURSOR EMISSIONS IN COLORADO COME FROM9
80	77		THE PRODUCTION AND USE OF PETROLEUM PRODUCTS , NATURAL GAS, AND10
81	78		OTHER HYDROCARBONS FOR FUEL ;11
82	79		(c) P
83	80		ROVIDING CONSUMERS WITH INFORMATION ABOUT THE12
84	81		IMPACT OF FOSSIL FUEL CONSUMPTION DIRECTLY AT THE POINT OF13
85	82		PURCHASE MAY ENCOURAGE CONSUMERS TO REDUCE THEIR CONSUMPTION14 AND TO USE ALTERNATIVE PRODUCTS WHEN APPROPRIATE ;15
86	83		(d) COLORADO HAS BEEN A LEADER IN PASSING STRONG LAWS AND16
87	84		REGULATIONS TO ACHIEVE POLLUTION REDUCTION, WHICH RESULTED IN17
88	85		THE REDUCTION OF GREENHOUSE GAS EMISSIONS BY ELEVEN AND FORTY18
89	86		ONE-HUNDREDTHS PERCENT STATEWIDE IN 2020 FROM 2005 LEVELS,19
90	87		INCLUDING A FOURTEEN PERCENT REDUCTION OF GREENHOUSE GAS20
91	88		EMISSIONS IN THE TRANSPORTATION SECTOR. COLORADO HAS ALSO21
92	89		ESTABLISHED INCENTIVE AND ASSISTANCE PROGRAMS FOR COMMERCIAL22
93	90		AND CONSUMER DECARBONIZATION , INCLUDING INCOME -BASED23
94	91		ASSISTANCE.24
95	92		(e) DESPITE REGULATIONS, INCENTIVES, AND CONSUMER25
96	93		ASSISTANCE, THE STATE'S GREENHOUSE GAS EMISSIONS REDUCTIONS ARE26
97	94		NOT MEETING STATUTORY REQUIREMENTS, AND OZONE POLLUTION IN THE27
98	95		1277
99	96		-3- NONATTAINMENT AREA , AS DEFINED IN SECTION 25-7-1402 (8), HAS NOT1
100	97		IMPROVED; AND2
101	98		(f) IN ADDITION TO ACTIONS THE STATE IS TAKING TO MAKE3
102	99		HEALTHIER CHOICES AVAILABLE, CONSUMERS MUST BE INFORMED ABOUT4
103	100		THE CONSEQUENCES OF BURNING CERTAIN FUELS SO THAT THEY HAVE THE5
104	101		POWER TO MAKE AN INFORMED CHOICE .6
105	102		25-5-1602. Definitions. A S USED IN THIS PART 16, UNLESS THE7
106	103		CONTEXT OTHERWISE REQUIRES :8
107	104		(1) "AIR POLLUTANT" HAS THE MEANING SET FORTH IN SECTION9
108	105		25-7-103 (1.5).10
109	106		(2) "FUEL PRODUCT" MEANS A GAS OR LIQUID THAT IS PRODUCED11
110	107		FROM:12
111	108		(a) T
112	109		HE PROCESSING OF CRUDE OIL OR OTHER LIQUIDS AT A13
113	110		PETROLEUM REFINERY;14
114	111		(b) T
115	112		HE EXTRACTION OF LIQUID HYDROCARBONS AT A NATURAL15
116	113		GAS PROCESSING PLANT;16
117	114		(c) F
118	115		INISHED PETROLEUM PRODUCTS AT BLENDING FACILITIES ; OR17
119	116		(d) T
120	117		HE CONVERSION OF BIOMASS INTO BIOFUELS SUCH AS18
121	118		ETHANOL.19
122	119		(3) "GREENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION20
123	120		25-7-140 (6).21
124	121		25-5-1603. Labeling requirements. (1) O
125	122		N AND AFTER JULY 1,222026, A RETAILER SHALL NOT DISPLAY A FUEL PRODUCT FOR SALE IN A23
126	123		PUMP OR A CONTAINER IN A STORE OR SELL A FUEL PRODUCT FROM A PUMP24
127	124		OR A CONTAINER IN A STORE TO A CONSUMER IN THE STATE UNLESS THE25
128	125		RETAILER NOTIFIES A CONSUMER ABOUT THE IMPACT OF CONSUMING THE26
129	126		FUEL PRODUCT BY LABELING THE FUEL PRODUCT IN ACCORDANCE WITH27
130	127		1277
131	128		-4- SUBSECTION (2) OF THIS SECTION.1
132	129		(2) (a) O
133	130		N AND AFTER JULY 1, 2026, A RETAILER SHALL LABEL A2
134	131		FUEL PRODUCT WITH THE FOLLOWING STATEMENT THAT IS CLEARLY3 LEGIBLE, CONSPICUOUS, AND ACCESSIBLE, IN BOTH ENGLISH AND SPANISH:4
135	132		"WARNING: USE OF THIS PRODUCT RELEASES AIR POLLUTANTS AND5
136	133		GREENHOUSE GASES, KNOWN BY THE STATE OF COLORADO TO BE6
137	134		LINKED TO SIGNIFICANT HEALTH IMPACTS AND GLOBAL HEATING,7
138	135		RESPECTIVELY, PURSUANT TO SECTION 25-5-1603, C.R.S. Tampering8
139	136		with this label is a violation of section 18-4-510, C.R.S."9
140	137		(b) I
141	138		N LABELING A FUEL PRODUCT PURSUANT TO SUBSECTION (2)(a)10
142	139		OF THIS SECTION, A RETAILER SHALL ADHERE TO THE FOLLOWING11
143	140		REQUIREMENTS:12
144	141		(I) F
145	142		OR A FUEL PRODUCT DISTRIBUTED WITH DISPENSING13
146	143		EQUIPMENT SUCH AS PUMPS, THE LABEL MUST:14
147	144		(A) B
148	145		E AFFIXED IN A CONSPICUOUS LOCATION ON THE DISPENSING15
149	146		EQUIPMENT;16
150	147		(B) B
151	148		E MAINTAINED
152	149		AND REPLACED WHEN NECESSARY; AND17
153	150		(C) I
154	151		NCLUDE THE STATEMENT SPECIFIED IN SUBSECTION (2)(a) OF18THIS SECTION PRINTED IN BLACK INK ON A WHITE BACKGROUND , IN TYPE19
155	152		NO SMALLER THAN SIXTEEN POINTS ; AND20
156	153		(II) F
157	154		OR A FUEL PRODUCT DISTRIBUTED IN A CONTAINER , THE21
158	155		LABEL MUST:22
159	156		(A) B
160	157		E AFFIXED ON THE RETAILER'S FUEL PRODUCT DISPLAY IN A23
161	158		CONSPICUOUS LOCATION;24
162	159		(B) I
163	160		NCLUDE THE STATEMENT SPECIFIED IN SUBSECTION (2)(a) OF25 THIS SECTION PRINTED IN BLACK INK ON A WHITE BACKGROUND , IN TYPE26
164	161		NO SMALLER THAN SIXTEEN POINTS ; AND27
165	162		1277
166	163		-5- (C) BE MAINTAINED AND REPLACED WHEN NECESSARY.1
167	164		25-5-1604. Enforcement - deceptive trade practice. (1) A2
168	165		PERSON THAT, IN THE COURSE OF THE PERSON'S BUSINESS, VIOLATES THIS3
169	166		PART 16 COMMITS A DECEPTIVE TRADE PRACTICE UNDER THE "COLORADO4
170	167		C
171	168		ONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE 6.5 (2) PRIOR TO ANY ENFORCEMENT ACTION PURSUANT TO ARTICLE6
172	169		1 OF TITLE 6, A CONSUMER SHALL ISSUE, BY CERTIFIED MAIL, A NOTICE OF7
173	170		VIOLATION TO THE PERSON VIOLATING THIS PART 16. IF THE PERSON FAILS8
174	171		TO CURE THE VIOLATION WITHIN FORTY-FIVE DAYS AFTER RECEIPT OF THE9
175	172		NOTICE OF VIOLATION, AN ACTION MAY BE BROUGHT PURSUANT TO10
176	173		ARTICLE 1 OF TITLE 6.11
177	174		SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)12
178	175		as follows:13
179	176		6-1-105. Unfair or deceptive trade practices - definitions.14
180	177		(1) A person engages in a deceptive trade practice when, in the course of15
181	178		the person's business, vocation, or occupation, the person:16
182	179		(iiii) FAILS TO PROPERLY LABEL, OR DISCLOSE INFORMATION17
183	180		RELATED TO, FUEL PRODUCTS IN ACCORDANCE WITH THE REQUIREMENTS18
184	181		SET FORTH IN ARTICLE 5 OF TITLE 25.19
185	182		SECTION 4. Act subject to petition - effective date -20
186	183		applicability. (1) This act takes effect at 12:01 a.m. on the day following21
187	184		the expiration of the ninety-day period after final adjournment of the22
188	185		general assembly; except that, if a referendum petition is filed pursuant23
189	186		to section 1 (3) of article V of the state constitution against this act or an24
190	187		item, section, or part of this act within such period, then the act, item,25
191	188		section, or part will not take effect unless approved by the people at the26
192	189		general election to be held in November 2026 and, in such case, will take27
193	190		1277
194	191		-6- effect on the date of the official declaration of the vote thereon by the1
195	192		governor.2
196	193		(2) This act applies to conduct occurring on or after the applicable3
197	194		effective date of this act.4
198	195		1277
199	196		-7-