SB 90 — Exempt Critical Infrastructure from Right to Repair

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSEDREENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.

26-0713.01 Christopher McMichael x4775 SENATE BILL 26-090 SENATE SPONSORSHIP Carson and Snyder, Coleman, Liston, Rodriguez, Simpson HOUSE SPONSORSHIP Hartsook, Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT CONCERNINGC ONCERNING EXEMPTING CRITICAL INFRASTRUCTURE FROM THE "C ONSUMER R EPAIR BILLB ILL OF R IGHTS A CT".CT ".

This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill i passes third reading in the house of introduction, a bill summary that a 6 applies to the reengrossed version of this bill will be available at E R 0 A r , http://leg.colorado.gov.) N 3 l S e p n A Under current law, consumers in Colorado have a right to repair m all digital electronic equipment, which could include equipment that is A considered critical infrastructure.

The bill exempts information technology equipment that is d intendedforuseincriticalinfrastructurefromColorado'sconsumerright ne e to repair laws.

Critical infrastructure is defined as a system or asset, m 62 TnT 0n Ag2 N g 7 Shading denotes HOUSE amendment.

EdE d r Capital letters or bold & italic numbers indicate new material to be added to existinAexisting law.e A Dashes through the words or numbers indicate deletions from existing law.

Dashes through the words or numbers indicate deletions from existing law.

In Colorado Revised Statutes, 6-1-1502, amendadd (1.7)(b);(1.4) as follows:

and add (1.4) as follows:

(1.4) "CRITICALINFRASTRUCTURE "HAS THE MEANINGSET FORTH ININ42 42U.S.C.SEC U.S.CSEC..

(1.7)SECTION (b)2. "Digital electronic equipment" or "digital equipment" does not include:

(I)In AgriculturalColorado equipment;Revised Statutes, 6-1-1503, amend (5)(m), (5)(o), and (5)(p);

and (II)add Powered(5)(q) wheelchairs;Rand (III)(11) IFORMATIONas TECHNOLOGYfollows: EQUIPMENT THAT IS INTENDED FOR USE IN CRITICAL INFRASTRUCTUR.

SECTION2.6-1-1503.

InColoradoRevisedStatutes,6-1-1504,add(3)asManufacturer follows:obligations regarding services - exemptions - information technology equipment - critical infrastructure determination by attorney general - rules.

6-1-1504.(5) With respect to digital electronic equipment, this part 15 does not apply to:

Limitations(m) -Video exemptiongame forconsoles; critical infrastructure.

(3)or NOTHING(o) INDevices, THIScomponents, PARTor 15systems APPLIESdesigned TOto INFORMATIONperform TECHNOLOGYor EQUIPMENTfacilitatequantuminformationprocessing,including,solelytotheextent THATnecessary ISfor INTENDEDsuch FORprocessing, USEstoring, INcomputing, CRITICALcommunicating, INFRASTRUCTUREmeasuring, .or sensing quantum information, through manipulation, measurement, sensing, or utilization of quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, including quantum superposition, quantum entanglement, quantum interference, quantum tunneling, or quantum transduction;

or -2- 090 (p) Quantum sensing devices that exploit quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, such as quantum coherence, quantum entanglement, quantized energy states that do not include the semiconductor band gap phenomenon, quantum squeezing, quantum superposition, quantum interference, quantum transduction, or quantum tunneling, to detect, measure, or monitor physical quantities, environmental parameters, or external stimuOR;

(q) IFORMATIONTECHNOLOGYEQUIPMENTTHATISINTENDEDTO BEUSEDINCRITICALINFRASTRUCTUREINACCORDANCEWITHSUBSECTION (11)OF THIS SECTIO.

(11) (a) HE ATTORNEY GENERAL MAY ADOPT RULES TO REVIEW EXEMPTIONS FROM THIS PART 15 FOR INFORMATION TECHNOLOGY EQUIPMENTTHATISINTENDEDTOBEUSEDINCRITICALINFRASTRUCTURE .

(b) I REVIEWING AN EXEMPTION FROM THIS PART15PURSUANT TO SUBSECTION (5)(qOF THIS SECTIO,THE ATTORNEY GENERAL SHALL CONSIDER THE FOLLOWING CRITERIA:

(I) W HETHER THE INFORMATION TECHNOLOGY EQUIPMENT IS INTENDED TO BE USED IN A MANNER THAT WOULD QUALIFY THE EQUIPMENT ASCRITICALINFRASTRUCTURE ,ASDEFINEDIN 42U.S.C.

SEC.

5195c (e);ND (II) WHETHER THE INFORMATION TECHNOLOGY EQUIPMENT IS SOLD TO ITS INTENDED CUSTOMERS UNDER A BUSINESTO BUSINESS OR BUSINESS-TO-GOVERNMENT CONTRACT AND NOT CUSTOMARILY SOLD IN A RETAIL SETTIN.

(c) THERE IS A PRESUMPTION THAT THE INFORMATION TECHNOLOGY EQUIPMENT IS EXEMPT DURING THE PENDENCY OF THE -3- 090 ATTORNEY GENERAL 'S REVIEW.

(d) A DETERMINATION MADE BY THE ATTORNEY GENERAL IN ACCORDANCE WITH THIS SUBSECTION (11)MAY BE APPEALED BY THE MANUFACTURER OF THE INFORMATION TECHNOLOGY EQUIPMENT IN A DISTRICT COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH SECTION 24-4-106.

The general assembly finds, determines, and declares that this act is necessary for the immediate preservationofthepublicpeace,health,orsafetyorforappropriationsfor -2- 090 the support and maintenance of the departments of the state and state institutions.

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