Colorado 2025 Regular Session

Colorado House Bill HB1277 Latest Draft

Bill / Engrossed Version Filed 04/02/2025

                            First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 25-0818.01 Clare Haffner x6137
HOUSE BILL 25-1277
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING MEASURES TO I NCREASE TRANSPARENCY REGARDING101
THE IMPACT OF THE CONSUMPTION OF CERTAIN FUEL102
PRODUCTS.103
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
.)
The bill prohibits a retailer from selling or displaying for sale
certain fuel products to consumers in the state unless the retailer provides
consumers with information about the impact of consuming the fuel
products by labeling the fuel products with the phrase "Combustion of
this product releases greenhouse gases known by the state of Colorado to
HOUSE
3rd Reading Unamended
April 2, 2025
HOUSE
Amended 2nd Reading
April 1, 2025
HOUSE SPONSORSHIP
Bacon and Joseph, Garcia, Jackson, Lindsay, Story
SENATE SPONSORSHIP
Cutter,
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. be linked to global heating and significant health impacts."
A violation of the bill's requirements is a deceptive trade practice
under the "Colorado Consumer Protection Act".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  The majority of greenhouse gas emissions and anthropogenic4
ozone precursor emissions in Colorado come from the production and use5
of certain fuel products;6
(b)  Failing to notify consumers about the impact of the7
consumption of certain fuel products poses a risk to public health;8
(c)  Pursuant to the "Colorado Consumer Protection Act", article9
1 of title 6, Colorado Revised Statutes, it is a deceptive trade practice to10
knowingly or recklessly make a false representation as to the11
characteristics, ingredients, uses, benefits, alterations, or quantities of12
goods, food, services, or property or to knowingly or recklessly engage13
in any unfair, unconscionable, deceptive, deliberately misleading, false,14
or fraudulent act or practice; and15
(d)  A person that, in the course of the person's business, fails to16
properly label a fuel product with a disclosure about the impact of the17
consumption of the fuel product engages in a deceptive trade practice.18
SECTION 2. In Colorado Revised Statutes, add part 16 to article19
5 of title 25 as follows:20
PART 1621
LABELING OF FUEL PRODUCTS22
25-5-1601.  Legislative declaration. (1)  T
HE GENERAL ASSEMBLY23
FINDS AND DECLARES THAT:24
1277-2- (a)  THE STATE OF COLORADO IS WORKING TO REDUCE1
GREENHOUSE GAS EMISSIONS AND AIR POLLUTION TO MEET THE2
REQUIREMENTS OF SECTION 25-7-102 AND THE FEDERAL "CLEAN AIR3
A
CT", 42 U.S.C. SEC. 7401 ET SEQ., IMPROVE PUBLIC HEALTH , AND4
EFFECTUATE THE REDUCTION OF POLLUTION IN DISPROPORTIONATELY5
IMPACTED COMMUNITIES AS REQUIRED BY THE "ENVIRONMENTAL JUSTICE6
A
CT", AS ENACTED IN 2021 BY HOUSE BILL 21-1266;7
(b)  T
HE MAJORITY OF GREENHOUSE GAS EMISSIONS AND8
ANTHROPOGENIC OZONE PRECURSOR EMISSIONS IN COLORADO COME FROM9
THE PRODUCTION AND USE OF PETROLEUM PRODUCTS , NATURAL GAS, AND10
OTHER HYDROCARBONS FOR FUEL ;11
(c)  P
ROVIDING CONSUMERS WITH INFORMATION ABOUT THE12
IMPACT OF FOSSIL FUEL CONSUMPTION DIRECTLY AT THE POINT OF13
PURCHASE MAY ENCOURAGE CONSUMERS TO REDUCE THEIR CONSUMPTION14	AND TO USE ALTERNATIVE PRODUCTS WHEN APPROPRIATE ;15
(d) COLORADO HAS BEEN A LEADER IN PASSING STRONG LAWS AND16
REGULATIONS TO ACHIEVE POLLUTION REDUCTION, WHICH RESULTED IN17
THE REDUCTION OF GREENHOUSE GAS EMISSIONS BY ELEVEN AND FORTY18
ONE-HUNDREDTHS PERCENT STATEWIDE IN 2020 FROM 2005 LEVELS,19
INCLUDING A FOURTEEN PERCENT REDUCTION OF GREENHOUSE GAS20
EMISSIONS IN THE TRANSPORTATION SECTOR. COLORADO HAS ALSO21
ESTABLISHED INCENTIVE AND ASSISTANCE PROGRAMS FOR COMMERCIAL22
AND CONSUMER DECARBONIZATION , INCLUDING INCOME -BASED23
ASSISTANCE.24
(e) DESPITE REGULATIONS, INCENTIVES, AND CONSUMER25
ASSISTANCE, THE STATE'S GREENHOUSE GAS EMISSIONS REDUCTIONS ARE26
NOT MEETING STATUTORY REQUIREMENTS, AND OZONE POLLUTION IN THE27
1277
-3- NONATTAINMENT AREA , AS DEFINED IN SECTION 25-7-1402 (8), HAS NOT1
IMPROVED; AND2
(f)  IN ADDITION TO ACTIONS THE STATE IS TAKING TO MAKE3
HEALTHIER CHOICES AVAILABLE, CONSUMERS MUST BE INFORMED ABOUT4
THE CONSEQUENCES OF BURNING CERTAIN FUELS SO THAT THEY HAVE THE5
POWER TO MAKE AN INFORMED CHOICE .6
25-5-1602.  Definitions. A S USED IN THIS PART 16, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "AIR POLLUTANT" HAS THE MEANING SET FORTH IN SECTION9
25-7-103 (1.5).10
(2)  "FUEL PRODUCT" MEANS A GAS OR LIQUID THAT IS PRODUCED11
FROM:12
(a)  T
HE PROCESSING OF CRUDE OIL OR OTHER LIQUIDS AT A13
PETROLEUM REFINERY;14
(b)  T
HE EXTRACTION OF LIQUID HYDROCARBONS AT A NATURAL15
GAS PROCESSING PLANT;16
(c)  F
INISHED PETROLEUM PRODUCTS AT BLENDING FACILITIES ; OR17
(d)  T
HE CONVERSION OF BIOMASS INTO BIOFUELS SUCH AS18
ETHANOL.19
(3) "GREENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION20
25-7-140 (6).21
25-5-1603.  Labeling requirements. (1)  O
N AND AFTER JULY 1,222026, A RETAILER SHALL NOT DISPLAY A FUEL PRODUCT FOR SALE IN A23
PUMP OR A CONTAINER IN A STORE OR SELL A FUEL PRODUCT FROM A PUMP24
OR A CONTAINER IN A STORE TO A CONSUMER IN THE STATE UNLESS THE25
RETAILER NOTIFIES A CONSUMER ABOUT THE IMPACT OF CONSUMING THE26
FUEL PRODUCT BY LABELING THE FUEL PRODUCT IN ACCORDANCE WITH27
1277
-4- SUBSECTION (2) OF THIS SECTION.1
(2) (a)  O
N AND AFTER JULY 1, 2026, A RETAILER SHALL LABEL A2
FUEL PRODUCT WITH THE FOLLOWING STATEMENT THAT IS CLEARLY3	LEGIBLE, CONSPICUOUS, AND ACCESSIBLE, IN BOTH ENGLISH AND SPANISH:4
"WARNING: USE OF THIS PRODUCT RELEASES AIR POLLUTANTS AND5
GREENHOUSE GASES, KNOWN BY THE STATE OF COLORADO TO BE6
LINKED TO SIGNIFICANT HEALTH IMPACTS AND GLOBAL HEATING,7
RESPECTIVELY, PURSUANT TO SECTION 25-5-1603, C.R.S. Tampering8
with this label is a violation of section 18-4-510, C.R.S."9
(b)  I
N LABELING A FUEL PRODUCT PURSUANT TO SUBSECTION (2)(a)10
OF THIS SECTION, A RETAILER SHALL ADHERE TO THE FOLLOWING11
REQUIREMENTS:12
(I)  F
OR A FUEL PRODUCT DISTRIBUTED WITH DISPENSING13
EQUIPMENT SUCH AS PUMPS, THE LABEL MUST:14
(A)  B
E AFFIXED IN A CONSPICUOUS LOCATION ON THE DISPENSING15
EQUIPMENT;16
(B)  B
E MAINTAINED 
      AND REPLACED WHEN NECESSARY; AND17
(C)  I
NCLUDE THE STATEMENT SPECIFIED IN SUBSECTION (2)(a) OF18THIS SECTION PRINTED IN BLACK INK ON A WHITE BACKGROUND , IN TYPE19
NO SMALLER THAN SIXTEEN POINTS ; AND20
(II)  F
OR A FUEL PRODUCT DISTRIBUTED IN A CONTAINER , THE21
LABEL MUST:22
(A)  B
E AFFIXED ON THE RETAILER'S FUEL PRODUCT DISPLAY IN A23
CONSPICUOUS LOCATION;24
(B)  I
NCLUDE THE STATEMENT SPECIFIED IN SUBSECTION (2)(a) OF25	THIS SECTION PRINTED IN BLACK INK ON A WHITE BACKGROUND , IN TYPE26
NO SMALLER THAN SIXTEEN POINTS ; AND27
1277
-5- (C)  BE MAINTAINED      AND REPLACED WHEN NECESSARY.1
25-5-1604.  Enforcement - deceptive trade practice. (1) A2
PERSON THAT, IN THE COURSE OF THE PERSON'S BUSINESS, VIOLATES THIS3
PART 16 COMMITS A DECEPTIVE TRADE PRACTICE UNDER THE "COLORADO4
C
ONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE 6.5	(2)  PRIOR TO ANY ENFORCEMENT ACTION PURSUANT TO ARTICLE6
1 OF TITLE 6, A CONSUMER SHALL ISSUE, BY CERTIFIED MAIL, A NOTICE OF7
VIOLATION TO THE PERSON VIOLATING THIS PART 16. IF THE PERSON FAILS8
TO CURE THE VIOLATION WITHIN FORTY-FIVE DAYS AFTER RECEIPT OF THE9
NOTICE OF VIOLATION, AN ACTION MAY BE BROUGHT PURSUANT TO10
ARTICLE 1 OF TITLE 6.11
SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)12
as follows:13
6-1-105.  Unfair or deceptive trade practices - definitions.14
(1)  A person engages in a deceptive trade practice when, in the course of15
the person's business, vocation, or occupation, the person:16
(iiii)  FAILS TO PROPERLY LABEL, OR DISCLOSE INFORMATION17
RELATED TO, FUEL PRODUCTS IN ACCORDANCE WITH THE REQUIREMENTS18
SET FORTH IN ARTICLE 5 OF TITLE 25.19
SECTION 4. Act subject to petition - effective date -20
applicability. (1)  This act takes effect at 12:01 a.m. on the day following21
the expiration of the ninety-day period after final adjournment of the22
general assembly; except that, if a referendum petition is filed pursuant23
to section 1 (3) of article V of the state constitution against this act or an24
item, section, or part of this act within such period, then the act, item,25
section, or part will not take effect unless approved by the people at the26
general election to be held in November 2026 and, in such case, will take27
1277
-6- effect on the date of the official declaration of the vote thereon by the1
governor.2
(2)  This act applies to conduct occurring on or after the applicable3
effective date of this act.4
1277
-7-