Comparing AB 727 → HB 22-1345 — Perfluoroalkyl And Polyfluoroalkyl Chemicals

Struck = only in AB 727 · added = only in HB 22-1345.

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Bill Text - AB-727 Product safety:
Second Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
cleaning products and floor sealers or floor finishes:
22-0351.01 Sarah Lozano x3858 HOUSE BILL 22-1345 HOUSE SPONSORSHIP Cutter and Bradfield, SENATE SPONSORSHIP Gonzales and Lee, House Committees Senate Committees Energy & Environment Finance Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO INCREASE PROTECTIONS FROM PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS .
perfluoroalkyl and polyfluoroalkyl substances.
Bill Summary (Note:
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This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) Section1ofthebillenactsthe"PerfluoroalkylandPolyfluoroalkyl Chemicals Consumer Protection Act" to establish a regulatory scheme that collects information from product manufacturers regarding the use of perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals) in g their products and phases out the sale or distribution of products that i 2 contain intentionally added PFAS chemicals.
Bill Number Bill Keyword Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Information >> Bill Search >> Text Bill Text PDF2 Bill PDF |Add To My Favorites | Version:
Section 1 requires a 0 S R , O n 2 Shading denotes HOUSE amendment.
09/18/23 - Enrolled 09/08/23 - Amended Senate 08/16/23 - Amended Senate 07/10/23 - Amended Senate 06/22/23 - Amended Senate 06/07/23 - Amended Senate 04/13/23 - Amended Assembly 04/11/23 - Amended Assembly 03/14/23 - Amended Assembly 02/13/23 - Introduced AB-727 Product safety:
Double underlining denotes SENATE amendment.
cleaning products and floor sealers or floor finishes:
H d p Capital letters or bold & italic numbers indicate new material to be added to existing dtatute.
perfluoroalkyl and polyfluoroalkyl substances.(2023-2024) Text >> Votes >> History >> Bill Analysis >> Today's Law As Amended >> Compare Versions >> Status >> Comments To Author >> Add To My Favorites >> SHARE THIS:
Dashes through the words indicate deletions from existing statute.
Date Published:
e m A manufacturersof productsthataresoldordistributedinthestateandthat contain intentionally added PFAS chemicals to provide written notification(notification)totheexecutivedirector(executivedirector)of the Colorado department of public health and environment (department) that provides:
09/18/2023 09:00 PM AB727:v90#DOCUMENTBill Start Enrolled  September 18, 2023 Passed  IN  Senate  September 12, 2023 Passed  IN  Assembly  September 13, 2023 Amended  IN  Senate  September 08, 2023 Amended  IN  Senate  August 16, 2023 Amended  IN  Senate  July 10, 2023 Amended  IN  Senate  June 22, 2023 Amended  IN  Senate  June 07, 2023 Amended  IN  Assembly  April 13, 2023 Amended  IN  Assembly  April 11, 2023 Amended  IN  Assembly  March 14, 2023 CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION Assembly Bill No.
! The trade name of the product;
727Introduced by Assembly Member WeberFebruary 13, 2023An act to add Chapter 17 (commencing with Section 109030) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.
! A description of the purpose that PFAS chemicals serve in the product;
LEGISLATIVE COUNSEL'S DIGESTAB 727, Weber.
! Contact information for the manufacturer;
Product safety:
and ! Any additional information required by the executive director.
cleaning products and floor sealers or floor finishes:
For manufacturers that were already selling or distributing a productcontainingintentionallyaddedPFASchemicalsinthestatebefore January 1, 2025, the notification must be made no later than 30 days before January1, 2025.
perfluoroalkyl and polyfluoroalkyl substances.Existing law, beginning January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined.
For manufacturers that begin to sell or distribute a product containing intentionallyadded PFAS chemicals in the state on or after January 1, 2025, the notification must be made at least 30 days after the manufacturer begins selling or distributing the product in the state.
Existing law similarly prohibits, beginning January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.This bill, beginning January 1, 2026, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a cleaning product that contains regulated PFAS, as specified.
No later than 30 days after the executive director receives a notification, the executive director shall publish the trade name of the product and manufacturer name on the department's website.
The bill, beginning January 1, 2028, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a floor sealer or floor finish that contains regulated PFAS, as specified.
A manufacturer submitting the notification to the executive director must pay a fee established by the executive director.
The bill would make a violation of these provisions punishable by a civil penalty not to exceed $10,000 per day for each violation, upon an action brought by the Attorney General, a city or county attorney, a county counsel, city prosecutor, or a district attorney.
The fee will be credited to the perfluoroalkyl and polyfluoroalkyl substances cash fund (fund).
The bill would exempt treatments containing PFAS for use on converted textiles or leathers, as specified, from these provisions.Digest Key Vote:
On and after January 1, 2024, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:
MAJORITY   Appropriation:
! Carpets or rugs;
NO   Fiscal Committee:
! Cookware;
YES   Local Program:
! Cosmetics;
NO  Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 17 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:
! Fabric treatments;
CHAPTER  17. Cleaning Products Containing PFAS109030. For purposes of this chapter, the following definitions apply:(a) “Air care product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.
! Food packaging;
(b) “Automotive product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, maintain the appearance of, polish, protect, buff, condition, or otherwise care for a motor vehicle.
! Juvenile products;
Automotive products include products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.
! Oil and gas products;
(c) “Cleaning product” means a finishing product that is an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic, or institutional cleaning purposes, or a water vessel product.(d) (1) “Floor sealer” or “floor finish” means a chemically formulated industrial or institutional floor product that cures into a film upon application and is advertised for or labeled solely as a sealer, finish, or combination of sealer and finish.(2) A floor sealer is a product that provides the first layer of protection by filling gaps in uneven and porous surfaces and by creating a durable, polymeric coating with high chemical resistance and provides the base coat for floor finishes and helps floor finishes adhere to flooring.(3) A floor finish is a product that provides a protective surface layer that is the first line of defense against floor damage.(4) A product that is a combination of sealer and finish performs the functions described in both paragraphs (2) and (3).
! Textile furnishings;
(e) “General cleaning product” means a soap, detergent, or other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, sanitize, or otherwise care for any of the following:
and ! Upholstered furniture.
(1) Fabric, dishes, or other wares.
No later than January1, 2025, the executive director will identify byrulealistof priorityproductsand priorityproduct categories.
(2) Surfaces, including, but not limited to, floors, furniture, countertops, showers, or baths.
No later than December 31, 2027, the executive director will promulgate rules prohibiting the sale or distribution of said priority products or priority product categories that contain intentionallyadded PFAS chemicals and that have not been exempted by the executive director.
(3) Other hard surfaces, such as stovetops, microwaves, and other appliances.
No later than January1, 2028, the executive director will identify byrule anotherlistof priorityproducts or priorityproduct categories.
(f) “Intentionally added PFAS” means PFAS that a manufacturer has intentionally added to a product or ingredient and that has a functional or technical effect in the product or ingredient.(g) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(h) “Polish or floor maintenance product” means a chemically formulated consumer product, such as polish, wax, a stripper, or a restorer, labeled to indicate that the purpose of the product is to clean, disinfect, polish, protect, buff, condition, temporarily seal, strip, or maintain furniture, floors, metal, leather, or other surfaces.
No -2- 1345 later than December 31, 2030, the executive director will promulgate rules prohibiting the sale or distribution of said priority products or priority product categories that contain intentionally added PFAS chemicals and that have not been exempted by the executive director.
Polish or floor maintenance products do not include treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers.(i) “Treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers” has the same meaning as provided in Section 69511.5 of Title 22 of the California Code of Regulations.
A manufacturer or consumer that applies for an exemption for a priority product or priority product category identified by the executive directormustpayafeeestablishedbytheexecutivedirector.Thefeewill be credited to the fund.
(j) “Water vessel product” means a chemically formulated consumer product, such as an all-purpose cleaner or wash, deck or nonskid surface cleaner, hull or bottom cleaner, product that descales or dissolves marine growth, wax, polish, or restorer, labeled to indicate that the purpose of the product is to maintain the appearance of, or otherwise care for, a water vessel.109031. (a) Commencing January 1, 2026, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale in commerce in this state a cleaning product containing any of the following:(1) Intentionally added PFAS.(2) PFAS in a product or ingredient at or above the following thresholds, as measured in total organic fluorine with documented quality control procedures and analytical validations:(A) Commencing January 1, 2026, 50 parts per million.(B) Commencing January 1, 2027, 25 parts per million.(C) Commencing January 1, 2028, 10 parts per million.
Section2includesproductsthatdonotcontainintentionallyadded PFAS chemicals in the definition of "environmentally preferable products" for the purposes of state agency procurement.
(b) Notwithstanding subdivision (a), commencing January 1, 2028, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale in commerce in this state a floor sealer or a floor finish containing any of the following:
The bill also:
(1) Intentionally added PFAS.(2) PFAS in a product or ingredient at or above 10 parts per million, as measured in total organic fluorine with documented quality control procedures and analytical validations.(c) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation.
! Defines certain terminology (section 3);
That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider the following:(A) The nature and extent of the violation.(B) The number of, and severity of, the violations.(C) The economic effect of the penalty on the violator.(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.(d) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.(e) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, county counsel, district attorney, or Attorney General, whichever office brought the action.(f) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.
! As of January 1, 2024, repeals the exemption for gasoline distribution facilities, refineries, and chemical plants from the restriction (sales restriction) on the sale of class B firefighting foam (firefighting foam) that contains PFAS chemicals (section 4);
The remedies provided in this section are cumulative with any other remedies available under any other law.(g) This section does not apply to treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers, which are listed as a Priority Product by the Department of Toxic Substances Control pursuant to subdivision (b) of Section 69511 of Title 22 of the California Code of Regulations.(h) Notwithstanding any restrictions in subdivision (c) of Section 25218.11.5, this section does not impair the ability of a public agency, or its contractor, to distribute any cleaning products through a materials exchange program it operates as part of its household hazardous waste collection program pursuant to Section 25218.12.
! As of January 1, 2024, allows the executive director to grant a temporary exemption from the sales restriction for the purchase of firefighting foam that is used to extinguish class B fires at a facility that engages in the wholesale distribution of crude petroleum (section 4);
! Requires a person that uses firefighting foam to prohibit a release of the firefighting foaminto the environment, fully containthefirefightingfoamduringitsuse,safelystorethe firefighting foam, and report certain information to the water quality spills hotline within 24 hours if there is a release of the firefighting foam into the environment (section 5);
! Requires a person that uses firefighting foam to report its use to the water qualityspills hotline within 24 hours after the use (section 5);
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and ! Authorizes the attorneygeneral to enforce laws regulating firefightingfoamsthatcontainPFASchemicals(section6).
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, add part 6 to article 15 of title 25 as follows:
PART 6 PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS -3- 1345 25-15-601.
Short titleHE SHORT TITLE OF THIS PA14IS THE "PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS CONSUMER PROTECTION A CT".
25-15-602.
Legislativedeclaration.(HEGENERALASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) CONTAMINATIONOFTHE SOILAND WATER INTHE STATE FROM PFAS CHEMICALSPOSESASIGNIFICANTTHREATTOTHEENVIRONMENTOF THE STATE AND THE HEALTH OF ITS RESIDEN;S (b) AGROWING BODY OF SCIENTIFIC RESEARCH HAS FOUND THAT EXPOSURE TO PFAS CHEMICALS MAY LEAD TO SERIOUS AND HARMFUL HEALTH EFFECTS;
(c) THE FULL EXTENT OF THE CONTAMINATION OF PFAS CHEMICALS IN THE SOIL AND WATER OF THE STATE IS NOT CURRENTLY KNOWN BUT IS ANTICIPATED TO BE WIDESPREAD AND TO REQUIRE A SIGNIFICANT EXPENDITURE OF RESOURCES TO BE IDENTIFIED AND REMEDIATED ;
(d) PFASCHEMICALSCONTINUETOBEUSEDINPRODUCTSACROSS A VARIETY OF INDUSTRIES AND FOR MANY DIFFERENT PURPOS;S (e) PFAS CHEMICALS ARE NOT NECESSARY IN MANY PRODUCTS AND COULD BE REPLACED WITH LESS HARMFUL CHEMICALS OR TECHNOLOGIES ;AND (f) I THE WIDESPREAD SALE AND DISTRIBUTION OF PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS CONTINUES IN THE STATE:
(I)THEREISALARGERRISKOF PFAS CHEMICALSMIGRATINGINTO THE NATURAL ENVIRONMENT ;
(II) RESIDENTS OF THE STATE WILL LIKELY SUFFER ADVERSE -4- 1345 HEALTH EFFECTS FROM EXPOSURE TO PFAS CHEMICALS ;AND (III) THE STATE AND LOCAL COMMUNITIES WILL BE BURDENED WITH THE TESTING ,MONITORING ,AND CLEAN -UP COSTS NECESSARY TO KEEP RESIDENTS SAFE FROM EXPOSURE TO PFAS CHEMICALS .
(2) T HE 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 PHASES 9 OUT THE SALE OR DISTRIBUTION OF CERTAIN PRODUCTS AND PRODUCT CATEGORIES IN THE STATE THAT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS .
25-15-603.
Definitions.
S USED IN THIS PART14,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(1) "ADULTMATTRESS "MEANSAMATTRESSPRODUCTTHATISNOT A CRIB OR A TODDLER MATTRESS.
(2) "CARPET OR RUG "MEANS A FABRIC PRODUCT MARKETED OR INTENDEDFORUSEASAFLOORCOVERINGINHOUSEHOLDSORBUSINESSES .
(3) "CONSUMER "MEANS THE END USER OF A PRODUCT.
(4) (a) "COOKWARE " MEANS A DURABLE HOUSEWARE PRODUCT THAT IS USED IN RESIDENCES OR KITCHENS TO PREPARE, DISPENSE,OR STORE FOOD OR BEVERAGES .
(b) "COOKWARE "INCLUDESPOTS,PANS,SKILLETS,GRILLS,BAKING SHEETS ,BAKING MOLDS ,TRAYS,BOWLS ,AND COOKING UTENSILS .
(5) (a) "CSMETIC "MEANS A PRODUCT THAT IS INTENDED TO BE RUBBED OR INTRODUCED INTO ;POURED ,SPRINKLED,OR SPRAYED ON ;OR OTHERWISE APPLIED TO THE HUMAN BODY FOR CLEANING ,CLEANSING , BEAUTIFYING , PROMOTING ATTRACTIVENESS , OR ALTERING THE -5- 1345 APPEARANCE .
(b) "COSMETIC " INCLUDES A SKIN MOISTURIZER ,PERFUME , LIPSTICK,NAILPOLISH,EYE ORFACIALMAKEUPPREPARATION ,SHAMPOO , CONDITIONER ,PERMANENT WAVE HAIR DYE , AND DEODORANT .
(c) "COSMETIC "DOESNOT INCLUDE APRODUCT THAT REQUIRESA PRESCRIPTION FOR DISTRIBUTION OR DISPENSATION.
8 (6) "D EPARTMENT " MEANS THE C OLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT .
(7) "D RILLING FLUI"MEANS A FLUID THAT IS CIRCULATED INTO THE BOREHOLE OF A WELL TO LUBRICATE AND COOL THE DRILL BIT.
(8) "EXECUTIVE DIRECTOR "MEANS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE EXECUTIVE DIRECTOR S DESIGNEE.
(9) "FABRIC TREATMENT " MEANS A PRODUCT APPLIED TO FABRIC TO GIVE THE FABRIC ONE OR MORE CHARACTERISTICS ,INCLUDING STAIN RESISTANCE AND WATER RESISTANCE .
(10) "FOODPACKAGE " OR"FOODPACKAGING " MEANSAPACKAGE OR PACKAGING COMPONENT USED IN DIRECT CONTACT WITH FOOD AND THAT IS COMPOSED ,IN SUBSTANTIAL PART, OF PAPER,PAPERBOARD ,OR OTHER MATERIALS ORIGINALLY DERIVED FROM PLANT FIBERS .
(11) "HYDRAULIC FRACTURING FLUID " MEANS THE FLUID , INCLUDING THE APPLICABLE BASE FLUID AND ANY ADDITIVES ,INJECTED INTO AN OIL OR GAS WELL TO PERFORM HYDRAULIC FRACTURING OPERATIONS .
(12)(a) "NTENTIONALLYADDED PFAS CHEMICALS "MEANS PFAS -6- 1345 CHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE PRODUCT .
(b) "ITENTIONALLY ADDED PFAS CHEMICALS "INCLUDES PFAS CHEMICALSTHATAREINTENTIONALBREAKDOWNPRODUCTSOFANADDED CHEMICAL .
(13) (a) "UVENILE PRODUCT "MEANS A PRODUCT DESIGNED FOR USE BY INFANTS OR CHILDREN UNDER TWELVE YEARS OF AGE .
(b) "JUVENILE PRODUCT "INCLUDES:
(I) BASSINETS AND OTHER BEDSIDE SLEEPERS;
(II) BOOSTER SEATS ,CAR SEATS,AND OTHER CHILD RESTRAINT SYSTEMS ;
(III) CANGING PADS ;
(IV) C O-SLEEPERS;
(V) C RIB OR TODDLER MATTRESSES;
(VI) FLOOR PLAY MATS ;
(VII) HIGHCHAIRS AND HIGHCHAIR PADS ;
(VIII) IFANT BOUNCERS ;
(IX) INFANT CARRIERS;
(X) INFANT OR TODDLER FOAM PILLOWS ;
(XI) INFANT SEATS;
(XII) INFANT SLEEP POSITIONER;
(XIII) IFANT SWINGS ;
(XIV) INFANT TRAVEL BEDS ;
(XV) I NFANT WALKERS ;
(XVI) N AP COTS;
(XVII) N URSING PADS AND PILLOWS;
-7- 1345 (XVIII) PLAY MATS;
(XIX) P LAYPENS;
(XX) P LAY YARDS;
(XXI) P OLYURETHANE FOAM MATS ,PADS ,OR PILLOWS;
(XXII) PORTABLE FOAM NAP MATS ;
(XXIII) PORTABLE INFANT SLEEPERS AND HOOK-ON CHAIRS;
(XXIV) S OFT-SIDED PORTABLE CRIB;AND (XXV) S TROLLERS .
(c) "JVENILE PRODUCT "DOES NOT INCLUDE:
(I) ELECTRONIC PRODUCTS,INCLUDING:
(A) PERSONAL COMPUTERS AND ANY ASSOCIATED EQUIPMENT ;
(B) A UDIO AND VIDEO EQUIPMENT;
(C) CALCULATORS ;
(D) W IRELESS PHONES;
(E) GAMING CONSOLES ;
(F) HANDHELD DEVICES INCORPORATING A VIDEO SCREEN;AND (G) A NY ASSOCIATED PERIPHERAL DEVICE SUCH AS A MOUSE , KEYBOARD ,POWER SUPPLY UNIT,OR POWER CORD;
(II) AN INTERNAL COMPONENT OF A JUVENILE PRODUCT THAT WOULDNOT COME INTODIRECT CONTACTWITHACHILD 'SSKINORMOUTH DURINGREASONABLYFORESEEABLEUSEANDABUSEOFTHEPRODUCT OR (III) DULT MATTRESSES .
(14) (a) "MANUFACTURER " MEANS THE PERSON THAT MANUFACTURES OR ASSEMBLES A PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO A PRODUCT.
(b) "MANUFACTURER "INCLUDES,IFAPRODUCTISIMPORTEDINTO -8- 1345 THE U NITED STATES AND THE MANUFACTURER DOES NOT HAVE A PRESENCE IN THE UNITED STATES, THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT .
(15) "O ILAND GASOPERATIONS "HASTHE MEANINGSET FORTH IN SECTION 34-60-103 (6.5).
(16) "O IL AND GAS PRODUCTS"MEANS HYDRAULIC FRACTURING FLUIDS,DRILLING FLUIDS,AND PROPPANTS .
(17) "PACKAGE "MEANSMATERIALTHATIS INTENDEDORUSEDTO CONTAIN ,PROTECT ,HANDLE ,DELIVER,OR PRESENT A PRODUCT .
(18) "PACKAGINGCOMPONENT " MEANSANINDIVIDUALPARTOFA PACKAGE ,INCLUDING INTERIOR OR EXTERIOR BLOCKING , BRACING, CUSHIONING , WEATHERPROOFING , EXTERIOR STRAPPING , COATINGS, CLOSURES ,INKS,AND LABELS .
(19) "PFAS CHEMICALS "HASTHEMEANINGSETFORTHINSECTION 25-5-1302 (7).
(20) (a) "PRODUCT " MEANS AN ITEM THAT IS MANUFACTURED , ASSEMBLED , OR OTHERWISE PREPARED FOR SALE OR DISTRIBUTION TO CONSUMERS AND THAT IS SOLD OR DISTRIBUTED FOR PERSONAL , RESIDENTIAL ,COMMERCIAL ,OR INDUSTRIAL USE,INCLUDING FOR USE IN MAKING OTHER PRODUCTS .
(b) "PRODUCT " INCLUDES ANY PRODUCT COMPONENTS .
(c) "PRODUCT " INCLUDES THE PACKAGING USED FOR THE PRODUCTS DESCRIBED IN SUBSECTION (20)(d)(AND (20)(d)(IOF THIS SECTION .
(d) "PRODUCT " DOES NOT INCLUDE:
(I) D RUGS, MEDICAL DEVICES , BIOLOGICS, OR DIAGNOSTICS -9- 1345 APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE ;OR (II) ETERINARYPESTICIDEPRODUCTSAPPROVEDBYTHEFEDERAL ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS .
(e) "PRODUCT "DOESNOTINCLUDEAUSEDPRODUCTOFFEREDFOR SALE OR RESALE.
(21) "P RODUCT CATEGORY " MEANS A CLASS OR DIVISION OF PRODUCTS THAT SHARE RELATED CHARACTERISTICS .
(22) "PRODUCT COMPONENT " MEANS AN IDENTIFIABLE COMPONENT OF A PRODUCT , REGARDLESS OF WHETHER THE MANUFACTURER OF THE PRODUCT IS THE MANUFACTURER OF THE COMPONENT .
(23) "P ROPPANTS" MEANS MATERIALS THAT ARE INSERTED OR INJECTEDINTOANUNDERGROUNDGEOLOGICFORMATIONDURINGOILAND GAS OPERATIONS IN ORDER TO PREVENT FRACTURES FROM CLOSING .
(24) (a) "EXTILE" MEANS ANY PRODUCT MADE IN WHOLE OR IN PART FROM A NATURAL OR SYNTHETIC FIBER,YARN ,OR FABRIC.
(b) "T EXTILE"INCLUDES LEATHER ,COTTON , SIL, JUTE,HEMP , WOOL ,NYLON ,AND POLYESTER .
(c) "TEXTILE" DOES NOT INCLUDE TEXTILES USED IN MEDICAL , PROFESSIONAL ,OR INDUSTRIAL SETTINGS.
(25) (a) "TEXTILE FURNISHINGS" MEANS TEXTILES OF A TYPE CUSTOMARILY USED IN HOUSEHOLDS AND BUSINESSES , INCLUDING DRAPERIES ,FLOOR COVERINGS , FURNISHINGS,BEDDING ,TOWELS ,AND TABLECLOTHS .
-10- 1345 (b) "TEXTILE FURNISHINGS " DOES NOT INCLUDE TEXTILE FURNISHINGSUSEDINMEDICAL ,PROFESSIONAL ORINDUSTRIALSETTINGS .
(26) "UPHOLSTERED FURNITURE " MEANS ANY ARTICLE OF FURNITURE THAT IS:
(a) DESIGNED FOR SITTING,RESTING,OR RECLINING;AND (b) W HOLLY OR PARTIALLY STUFFED WITH FILLING MATERIAL.
8 25-15-604.
Prohibition - identification of the list of priority products - rules.
(1) ON AND AFTER JANUARY 1,2024,A PERSON SHALL NOT SELL,OFFER FOR SALE,DISTRIBUTE FOR SAL,OR DISTRIBUTE FORUSEINTHESTATEANYPRODUCTINANYOFTHEFOLLOWINGPRODUCT CATEGORIES IF THE PRODUCT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS :
(a) CARPETS OR RUGS ;
(b) COSMETICS ;
(c) FABRIC TREATMENTS ;
(d) FOOD PACKAGING ;
(e) JUVENILE PRODUCTS ;
(f) OIL AND GAS PRODUCTS;
(g) TEXTILE FURNISHINGS;AND (h) U PHOLSTERED FURNITURE .
(2) (a) O N AND AFTER JANUARY 1, 2024, A MANUFACTURER OF COOKWARE SOLD IN THE STATE THAT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS IN THE HANDLE OF THE PRODUCTORINANYPRODUCTSURFACETHATCOMESINTOCONTACTWITH FOOD ,FOODSTUFFS ,OR BEVERAGES SHALL LIST THE PRESENCE OF PFAS -11- 1345 CHEMICALSONTHEPRODUCTLABELANDSHALLINCLUDEONTHEPRODUCT LABELASTATEMENT ,INBOTH ENGLISHAND SPANISH,THATREADS :"FOR MORE INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT,VISI" FOLLOWED BY BOTH OF THE FOLLOWING:
(I) A N INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT WHY THE PFAS CHEMICALS ARE INTENTIONALLY ADDED ;AND (II) QUICKRESPONSE QR )CODEOROTHERMACHINE READABLE CODE ,CONSISTING OF AN ARRAY OF SQUARES ,USED FOR STORING AN INTERNETWEBSITEFORAWEBPAGETHATPROVIDESINFORMATIONABOUT WHY THE PFAS CHEMICALS ARE INTENTIONALLY ADDED.
(b) AMANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL ENSURE THAT THE STATEMENT REQUIRED ON THE PRODUCT LABEL BY SUBSECTION (2)(a)OF THIS SECTION IS VISIBLE AND LEGIBLE TO THE CONSUMER ,INCLUDING ON THE PRODUCT LISTING FOR ONLINE SAL.S (c) COOKWARE THAT MEETS BOTH OF THE FOLLOWING REQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OFTHIS SUBSECTION (2):
(I) HESURFACEAREAOFTHECOOKWARECANNOTFITAPRODUCT LABEL OF AT LEAST TWO SQUARE INCHE;AND (II) HE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING:
(A) ANEXTERIORCONTAINERORWRAPPERONWHICHAPRODUCT LABEL CAN APPEAR OR BE AFFIXE;AND (B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT THE PRODUCT ATTACHED TO THE COOKWARE .
(d) AMANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL ENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCT -12- 1345 LABEL BY SUBSECTION (2)(aOF THIS SECTION IS INCLUDED ON THE PRODUCTLISTINGFORONLINESALESPURSUANTTOSUBSECTION (2)(bOF THIS SECTIO.
(e) ON AND AFTER JANUARY 1, 2024,A MANUFACTURER SHALL NOT MAKE ACLAIM ,ONTHE COOKWAREPACKAGE ,THAT THE COOKWARE IS FREE OF ANY PFAS CHEMICALS UNLESS NO INDIVIDUAL PFAS CHEMICAL IS INTENTIONALLY ADDED TO THE COOKWARE.
(f) COOKWARE THAT CONTAINS ONE OR MORE INTENTIONALLY ADDED PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY PRODUCTSURFACETHATCOMESINTOCONTACTWITHFOOD ,FOODSTUFFS , OR BEVERAGES SHALL NOT BE SOL,OFFERED FOR SALE,OR DISTRIBUTED IN THE STATE UNLESS THE COOKWARE AND THE MANUFACTURER OF THE COOKWARE COMPLY WITH THIS PART 6.
SECTION2.
In Colorado RevisedStatutes,24-103-904,amend (1) as follows:
24-103-904.
Purchasing preference for environmentally preferableproducts-definitions.(1) Asusedinthissection,unlessthe context otherwise requires:
(a) "Environmentally preferable products" means products, INCLUDING PRODUCTS THAT DO NOT CONTAIN INTENTIONALLY ADDED PFAS CHEMICALS, that have a lesser or reduced adverse effect on human healthandtheenvironmentwhencomparedwithcompetingproductsthat serve the same purpose.
The product comparison may consider such factors as the availability of any raw materials used in the product being purchased and the availability, use, production, safe operation, maintenance, packaging, distribution, disposal, or recyclability of the product being purchased.
-13- 1345 (b) "NTENTIONALLYADDED PFAS CHEMICALS "HASTHEMEANING SET FORTH IN SECTIO25-15-603 (12).
SECTION3.
InColoradoRevisedStatutes,25-5-1302,add(1.5), (3.6), (5.8), (7.5), (9), and (10) as follows:
25-5-1302.
Definitions.Asusedinthispart13,unlessthecontext otherwise requires:
(1.5) "CLASS B FIR" MEANS A FIRE INVOLVING FLAMMABLE LIQUIDS OR GASES,INCLUDING PETROLEUM ,PAINT,ALCOHOL ,SOLVENT, OIL,AND TAR.
(3.6) "EECUTIVEDIRECTOR "MEANSTHEEXECUTIVEDIRECTOROF THE DEPARTMENT OR THE EXECUTIVE DIRECTOR S DESIGNEE.
(5.8) "NTENTIONALLY ADDED PFAS CHEMICALS " HAS THE MEANING SET FORTH IN SECTION25-15-603 (12).
(7.5) "RELEASE" MEANS ANY SPILLING , LEAKING, PUMPING, POURING ,EMPTYING ,DISCHARGING ,INJECTING,ESCAPING, LEACHING, DUMPING ,OR DISPOSING OF A CHEMICAL INTO THE ENVIRONMEN.
(9) "TERMINAL "MEANS A FACILITY THAT ENGAGES IN THE WHOLESALE DISTRIBUTION OF CRUDE PETROLEUM AND PETROLEUM PRODUCTS ,INCLUDING LIQUIFIED PETROLEUM GAS FROM BULK LIQUID STORAGE FACILITIE.
(10) "W ATER QUALITY SPILLS HOTLINE" MEANS THE PHONE SYSTEM CREATED AND MAINTAINED BY THE DEPARTMENT FOR THE REPORTING OF SPILLS OR DISCHARGES INTO STATE WATERS TO THE DEPARTMENT .
SECTION 4.
In Colorado Revised Statutes, add 25-5-1303.5 as follows:
-14- 1345 25-5-1303.5.
Restriction on use of certain firefighting foams.
(1) BEGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS CHEMICALS SHALL :
(a) NOT ALLOW A RELEASE OF THE CLASB FIREFIGHTING FOAM;
(b) FULLY CONTAIN THE CLASS B FIREFIGHTING FOAM BY IMPLEMENTING APPROPRIATE CONTAINMENT MEASURES , WHICH MAY INCLUDE BUNDS AND PONDS,THAT :
(I) ARE CONTROLLED;
(II) AE IMPERVIOUS TOPFAS CHEMICALS;AND (III) D NOT ALLOW THE CLASS B FIREFIGHTING FOAM OR ANY ASSOCIATEDFIREWATER ,WASTEWATER ,RUNOFF,OROTHERWASTETOBE RELEASED ;
(c) SAFELY STORE ALL CLASS B FIREFIGHTING FOAM AND ANY ASSOCIATEDFIREWATER ,WASTEWATER ,RUNOFF,ANDOTHERWASTEINA WAY THAT PREVENTS THEIR RELEASE UNTIL THE FEDERAL ENVIRONMENTALPROTECTIONAGENCYHASPUBLISHEDGUIDANCEONTHE PROPER DISPOSAL AND DESTRUCTION METHODS FOR PFAS CHEMICALS .
A FTER THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE PROPER DISPOSAL AND DESTRUCTION METHODS FOR PFAS CHEMICALS ,THE PERSON THAT USES THE CLASSB FIREFIGHTING FOAM CONTAINING INTENTIONALLY ADDED PFAS CHEMICALS SHALL DISPOSE OF AND DESTROY THE CLASB FIREFIGHTING FOAM IN ACCORDANCE WITH SUCH GUIDANCE .
(d) ITHEREISARELEASEOFTHECLASS B FIREFIGHTINGFOAMOR ANY ASSOCIATED FIREWATER,WASTEWATER ,RUNOFF,OR OTHER WASTE , REPORT THE FOLLOWING INFORMATION TO THE WATER QUALITY SPILLS -15- 1345 HOTLINE WITHIN TWENTY-FOUR HOURS AFTER ITS RELEAS:
(I) THE TRADE NAME AND PRODUCT NAME OF THE CLASS B FIREFIGHTING FOAM;
(II) TE QUANTITY OF CLASS BFIREFIGHTING FOAM USED THAT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS;
(III) TE AMOUNT AND TYPE OF PFAS CHEMICALS IN THE CLASS B FIREFIGHTING FOAM;AND (IV) T HE AMOUNT OF CLASS B FIREFIGHTING FOAM OR ANY ASSOCIATEDFIREWATER ,WASTEWATER ,RUNOFF ANDOTHERWASTETHAT IS RELEASED;AND (e) DOCUMENT ANY MEASURES UNDERTAKEN PURSUANT TO THE REQUIREMENTS OF THIS SECTION.N INVESTIGATING COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION, THE ATTORNEY GENERAL MAY REQUEST THAT THE PERSON PROVIDE THE DOCUMENTATION CREATED PURSUANT TO THE REQUIREMENTS OF THIS SUBSECTION (1)(e)TO THE ATTORNEY GENERAL .
(2) BEGINNING ANUARY 1, 2024A PERSON THAT USES CLASSB FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALSMUSTREPORTTHEUSEOFTHECLASS BFIREFIGHTINGFOAMTO THEWATERQUALITYSPILLSHOTLINEWITHINTWENTY -FOURHOURSAFTER ITS US.
(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b)OF THIS SECTION,THERESTRICTIONSANDREQUIREMENTSINSUBSECTIONS (1)AND (2)OF THIS SECTION DO NOT APPLY TO THE USE OF CBAFIREFIGHTING FOAM WHERE THE INCLUSION OF PFAS CHEMICALS IS REQUIRED OR AUTHORIZEDBYFEDERALLAW ,INCLUDING14CFR139, ORIMPLEMENTED INACCORDANCEWITHFEDERALAVIATIONADMINISTRATIONGUIDANCE ,OR -16- 1345 OTHERWISE REQUIRED FOR A MILITARY PURPOS.
(b) F THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE LAWS ,GUIDANCE,ORREQUIREMENTSDESCRIBEDINSUBSECTION (3)(aOF THISSECTIONNOLONGERAPPLYTOAPARTICULARINDUSTRYORSECTOR , THEEXECUTIVEDIRECTORSHALLPROVIDENOTICEONTHEDEPARTMENT S WEBSITE OF THIS DETERMINATION AND SHALL PROMULGATE RULES PROHIBITING USERS OF CLASS B FIREFIGHTING FOAM WITHIN THAT INDUSTRY OR SECTOR FROM USING CLASS B FIREFIGHTING FOAM IN VIOLATIONOFTHISSECTION WHICHRULESSHALLAPPLYNOSOONERTHAN TWO YEARS AFTER THE EXECUTIVE DIRECTORS DETERMINATION.
SECTION 5.
InColoradoRevisedStatutes,amend25-5-1307as follows:
25-5-1307.
Civil penalty.
(1) A manufacturer or a person who violates the provisions of part 13 is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense.
A manufacturer or a person who violates this part 13 repeatedly is subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.
Penalties collected under this part 13 must be deposited in the local firefighter safety and disease prevention fund created in section 24-33.5-1231.
(2) THE ATTORNEY GENERAL HAS THE AUTHORITY TO ENFORCE THIS PART13 AND TO CONDUCT CIVIL INVESTIGATIONS AND BRING CIVIL ACTIONS FOR VIOLATIONS OF THIS PA13.
SECTION 6.
In Colorado Revised Statutes, 25-5-1309, amend (1) introductory portion as follows:
25-5-1309.
Restriction on the use of certain firefighting foam at certain airports - definitions.
(1) Beginning January 1, 2023 2024, -17- 1345 the use of class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances shall be prohibited at structures used for the storage or maintenance of aircraft where the structure is located in an airport that:
SECTION 7.
Safety clause.
The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.
-18- 1345