HOUSE BILL 22-1345

BY REPRESENTATIVE(S) Cutter and Bradfield, Amabile, Bacon,
Bernett, Bird, Boesenecker, Duran, Exum, Froelich, Hooton, Jodeh, Kipp,
Lindsay, Lontine, McCormick, Michaelson Jenet, Ricks, Sirota, Sullivan,
Titone, Valdez A., Herod, Kennedy, McLachlan, Snyder, Tipper, Woodrow;also SENATOR(S) Gonzales and Lee, Bridges, Buckner, Danielson,
Donovan, Fields, Hansen, Jaquez Lewis, Kolker, Moreno, Pettersen, Story,
Winter, Zenzinger, Fenberg.

CONCERNING MEASURES TO INCREASE PROTECTIONSPERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS.

FROM

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 6 to article 15of title 25 as follows:
PART 6
PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS
25-15-601. Short title. THE SHORT TITLE OF THIS PART 6 IS THE"PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS CONSUMERPROTECTION ACT".

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.

25-15-602. Legislative declaration. (1) THE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT:CONTAMINATION OF THE SOIL AND WATER IN THE STATE FROMPFAS CHEMICALS POSES A SIGNIFICANT THREAT TO THE ENVIRONMENT OF
THE STATE AND THE HEALTH OF ITS RESIDENTS;(a)(b) A GROWING BODY OF SCIENTIFIC RESEARCH HAS FOUND THATEXPOSURE TO PFAS CHEMICALS MAY LEAD TO SERIOUS AND HARMFULHEALTH EFFECTS;(c) THE FULL EXTENT OF THE CONTAMINATION OF PFAS CHEMICALSIN 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) PFAS CHEMICALS CONTINUE TO BE USED IN PRODUCTS ACROSSA VARIETY OF INDUSTRIES AND FOR MANY DIFFERENT PURPOSES;(e) PFAS CHEMICALS ARE NOT NECESSARY IN MANY PRODUCTS AND

COULD BE REPLACED WITH LESS HARMFUL CHEMICALS OR TECHNOLOGIES;AND(f) IF THE WIDESPREAD SALE AND DISTRIBUTION OF PRODUCTS THATCONTAIN INTENTIONALLY ADDED PFAS CHEMICALS CONTINUES IN THE
STATE:(I) THERE IS A LARGER RISK OF PFAS CHEMICALS MIGRATING INTO
THE NATURAL ENVIRONMENT;(II) RESIDENTS OF THE STATE WILL LIKELY SUFFER ADVERSE 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 KEEPRESIDENTS SAFE FROM EXPOSURE TO PFAS CHEMICALS.
(2) THE GENERAL ASSEMBLY THEREFORE DETERMINES AND
DECLARES THAT IT IS IMPERATIVE FOR THE HEALTH AND SAFETY OF THE
PAGE 2-HOUSE BILL 22-1345

STATE'S RESIDENTS TO CREATE A REGULATORY SCHEME THAT PHASES OUT
THE SALE OR DISTRIBUTION OF CERTAIN PRODUCTS AND PRODUCTCATEGORIES IN THE STATE THAT CONTAIN INTENTIONALLY ADDED PFASCHEMICALS.
25-15-603. Definitions - repeal. AS USED IN THIS PART 6, UNLESS
THE CONTEXT OTHERWISE REQUIRES:(1) "ADULT MATTRESS" MEANS A MATTRESS PRODUCT THAT IS NOTA CRIB OR A TODDLER MATTRESS.
(2) "CARPET OR RUG" MEANS A FABRIC PRODUCT MARKETED OR_ INTENDED FOR USE AS A FLOOR COVERING IN HOUSEHOLDS OR BUSINESSES.
(3) "CONSUMER" MEANS THE END USER OF A PRODUCT.
(4) (a) "COOKWARE" MEANS A DURABLE HOUSEWARE PRODUCT THATIS USED IN RESIDENCES OR KITCHENS TO PREPARE, DISPENSE, OR STORE FOOD
OR BEVERAGES.
(b) "COOKWARE" INCLUDES POTS, PANS, SKILLETS, GRILLS, BAKINGSHEETS, BAKING MOLDS, TRAYS, BOWLS, AND COOKING UTENSILS.
(5) (a) "COSMETIC" 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
APPEARANCE.
(b) "COSMETIC" INCLUDES A SKIN MOISTURIZER, PERFUME, LIPSTICK,
NAIL POLISH, EYE OR FACIAL MAKEUP PREPARATION, SHAMPOO,CONDITIONER, PERMANENT WAVE, HAIR DYE, AND DEODORANT.
"COSMETIC" DOES NOT INCLUDE A PRODUCT THAT REQUIRES APRESCRIPTION FOR DISTRIBUTION OR DISPENSATION.
(c)(d) (I) "COSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS USEDAS PROPELLANTS IN COSMETICS.
(II) THIS SUBSECTION (5)(d) IS REPEALED EFFECTIVE JANUARY 1,
PAGE 3-HOUSE BILL 22-1345

2027.
(6) "DEPARTMENT" MEANS THE COLORADO DEPARTMENT OF PUBLICHEALTH AND ENVIRONMENT.
(7) "DRILLING FLUID" 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) (a) "FABRIC TREATMENT" MEANS A PRODUCT APPLIED TO FABRIC
TO GIVE THE FABRIC ONE OR MORE CHARACTERISTICS, INCLUDING STAINRESISTANCE AND WATER RESISTANCE.
(b) (I)"FABRIC TREATMENT" DOES NOT INCLUDE
HYDROFLUOROOLEFINS USED AS PROPELLANTS IN FABRIC TREATMENTS.
(II) THIS SUBSECTION (9)(b) IS REPEALED EFFECTIVE JANUARY 1,
2027.
(10) "FOOD PACKAGE" OR "FOOD PACKAGING" MEANS A PACKAGE OR
PACKAGING COMPONENT USED IN DIRECT CONTACT WITH FOOD AND THAT ISCOMPOSED, 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) "INTENTIONALLY ADDED PFAS CHEMICALS" MEANS PFASCHEMICALS THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A
PRODUCT AND THAT HAVE A FUNCTIONAL OR TECHNICAL EFFECT ON THE
PRODUCT.
(b) "INTENTIONALLY ADDED PFAS CHEMICALS" INCLUDES PFASCHEMICALS THAT ARE INTENTIONAL BREAKDOWN PRODUCTS OF AN ADDEDCHEMICAL.
(13) (a) "JUVENILE PRODUCT" MEANS A PRODUCT DESIGNED FOR USE
PAGE 4-HOUSE BILL 22-1345

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 RESTRAINTSYSTEMS;(III) CHANGING PADS;(IV) CO-SLEEPERS;(V) CRIB OR TODDLER MATTRESSES;(VI) FLOOR PLAY MATS;(VII) HIGHCHAIRS AND HIGHCHAIR PADS;(VIII) INFANT BOUNCERS;(IX) INFANT CARRIERS;(X) INFANT OR TODDLER FOAM PILLOWS;(XI) INFANT SEATS;(XII) INFANT SLEEP POSITIONERS;(XIII) INFANT SWINGS;(XIV) INFANT TRAVEL BEDS;(XV) INFANT WALKERS;(XVI) NAP COTS;(XVII) NURSING PADS AND PILLOWS;(XVIII) PLAY MATS;
PAGE 5-HOUSE BILL 22-1345

(XIX) PLAYPENS;(XX) PLAY YARDS;(XXI) POLYURETHANE FOAM MATS, PADS, OR PILLOWS;(XXII) PORTABLE FOAM NAP MATS;(XXIII) PORTABLE INFANT SLEEPERS AND HOOK-ON CHAIRS;(XXIV) SOFT-SIDED PORTABLE CRIBS; AND(XXV) STROLLERS.
(c) "JUVENILE PRODUCT" DOES NOT INCLUDE:(I) ELECTRONIC PRODUCTS, INCLUDING:(A) PERSONAL COMPUTERS AND ANY ASSOCIATED EQUIPMENT;(B) AUDIO AND VIDEO EQUIPMENT;(C) CALCULATORS;(D) WIRELESS PHONES;(E) GAMING CONSOLES;(F) HANDHELD DEVICES INCORPORATING A VIDEO SCREEN; AND(G) ANY ASSOCIATED PERIPHERAL DEVICE SUCH AS A MOUSE,KEYBOARD, POWER SUPPLY UNIT, OR POWER CORD;(II) AN INTERNAL COMPONENT OF A JUVENILE PRODUCT THAT WOULD
NOT COME INTO DIRECT CONTACT WITH A CHILD'S SKIN OR MOUTH DURINGREASONABLY FORESEEABLE USE AND ABUSE OF THE PRODUCT; OR(III) ADULT MATTRESSES.
(14)

(a)

"MANUFACTURER" MEANS THE PERSON THATPAGE 6-HOUSE BILL 22-1345

MANUFACTURES OR ASSEMBLES A PRODUCT OR WHOSE BRAND NAME IS
AFFIXED TO A PRODUCT.
(b) "MANUFACTURER" INCLUDES, IF A PRODUCT IS IMPORTED INTO
THE UNITED STATES AND THE MANUFACTURER DOES NOT HAVE A PRESENCE
IN THE UNITED STATES, THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF
THE PRODUCT.
(15) "OIL AND GAS OPERATIONS" HAS THE MEANING SET FORTH IN
SECTION 34-60-103 (6.5).
(16) "OIL AND GAS PRODUCTS" MEANS HYDRAULIC FRACTURING
FLUIDS, DRILLING FLUIDS, AND PROPPANTS.
(17) "PACKAGE" MEANS MATERIAL THAT IS INTENDED OR USED TO
CONTAIN, PROTECT, HANDLE, DELIVER, OR PRESENT A PRODUCT.
(18) "PACKAGING COMPONENT" MEANS AN INDIVIDUAL PART OF A
PACKAGE, INCLUDING INTERIOR OR EXTERIOR BLOCKING, BRACING,
CUSHIONING, WEATHERPROOFING, EXTERIOR STRAPPING, COATINGS,
CLOSURES, INKS, AND LABELS.
(19) "PFAS CHEMICALS" HAS THE MEANING SET FORTH IN SECTION
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" DOES NOT INCLUDE:(I) DRUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS
APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE; OR(II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE FEDERAL
PAGE 7-HOUSE BILL 22-1345

ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS; OR(III) PACKAGING USED FOR THE PRODUCTS DESCRIBED IN
SUBSECTIONS (20)(c)(I) AND (20)(c)(II) OF THIS SECTION.
(d) "PRODUCT" DOES NOT INCLUDE A USED PRODUCT OFFERED FOR
SALE OR RESALE.
(21) "PRODUCT CATEGORY" MEANS A CLASS OR DIVISION OF
PRODUCTS THAT SHARE RELATED CHARACTERISTICS.
(22) "PRODUCT COMPONENT" MEANS AN IDENTIFIABLE COMPONENTOF A PRODUCT, REGARDLESS OF WHETHER THE MANUFACTURER OF THE
PRODUCT IS THE MANUFACTURER OF THE COMPONENT.
(23) "PROPPANTS" MEANS MATERIALS THAT ARE INSERTED OR
INJECTED INTO AN UNDERGROUND GEOLOGIC FORMATION DURING OIL ANDGAS OPERATIONS IN ORDER TO PREVENT FRACTURES FROM CLOSING.
(24) (a) "TEXTILE" MEANS ANY PRODUCT MADE IN WHOLE OR IN PARTFROM A NATURAL OR SYNTHETIC FIBER, YARN, OR FABRIC.
(b) "TEXTILE" INCLUDES LEATHER, COTTON, SILK, 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 TYPECUSTOMARILY USED IN HOUSEHOLDS AND BUSINESSES, INCLUDING
DRAPERIES, FLOOR COVERINGS, FURNISHINGS, BEDDING, TOWELS, AND
TABLECLOTHS.
(b)"TEXTILE FURNISHINGS" DOES NOT INCLUDE TEXTILEFURNISHINGS USED IN MEDICAL, PROFESSIONAL, OR INDUSTRIAL SETTINGS.
(26) "UPHOLSTERED FURNITURE" MEANS ANY ARTICLE OF FURNITURE
THAT IS:(a) DESIGNED FOR SITTING, RESTING, OR RECLINING; AND
PAGE 8-HOUSE BILL 22-1345

(b) WHOLLY OR PARTIALLY STUFFED WITH FILLING MATERIAL.
25-15-604. Prohibition on the sale or distribution of certain
consumer products that contain intentionally added PFAS chemicals- product label requirements for cookware. (1) ON AND AFTER JANUARY
1, 2024, A PERSON SHALL NOT SELL, OFFER FOR SALE, DISTRIBUTE FOR SALE,
OR DISTRIBUTE FOR USE IN THE STATE ANY PRODUCT IN ANY OF THE
FOLLOWING PRODUCT CATEGORIES IF THE PRODUCT CONTAINSINTENTIONALLY ADDED PFAS CHEMICALS:(a) CARPETS OR RUGS;(b) FABRIC TREATMENTS;(c) FOOD PACKAGING;(d) JUVENILE PRODUCTS; AND(e) OIL AND GAS PRODUCTS.

(2) (a) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER OFCOOKWARE SOLD IN THE STATE THAT CONTAINS INTENTIONALLY ADDEDPFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY PRODUCTSURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS, OR
BEVERAGES SHALL LIST THE PRESENCE OF PFAS CHEMICALS ON THE
PRODUCT LABEL AND SHALL INCLUDE ON TIIE PRODUCT LABEL A STATEMENT,IN BOTH ENGLISH AND SPANISH, THAT READS: "FOR MORE INFORMATIONABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT" FOLLOWED BY BOTH OF
THE FOLLOWING:(I) AN INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT PROVIDESINFORMATION ABOUT WHY THE PFAS CHEMICALS ARE INTENTIONALLY
ADDED; AND(II) A QUICK RESPONSE (QR) CODE OR OTHER MACHINE-READABLE
CODE, CONSISTING OF AN ARRAY OF SQUARES, USED FOR STORING AN
INTERNET WEBSITE FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT
WHY THE PFAS CHEMICALS ARE INTENTIONALLY ADDED.
(b) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL
PAGE 9-HOUSE BILL 22-1345

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 SALES.
COOKWARE THAT MEETS BOTH OF THE FOLLOWINGREQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OF THIS SUBSECTION (2):(c)

(I) THE SURFACE AREA OF THE COOKWARE CANNOT FIT A PRODUCTLABEL OF AT LEAST TWO SQUARE INCHES; AND(II) THE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING:(A) AN EXTERIOR CONTAINER OR WRAPPER ON WHICH A PRODUCTLABEL CAN APPEAR OR BE AFFIXED; AND(B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT THE
PRODUCT ATTACHED TO THE COOKWARE.
(d) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALLENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCTLABEL BY SUBSECTION (2)(a) OF THIS SECTION IS INCLUDED ON THE PRODUCTLISTING FOR ONLINE SALES PURSUANT TO SUBSECTION (2)(b) OF THISSECTION.
(e) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER SHALL NOT

MAKE A CLAIM, ON THE COOKWARE PACKAGE, 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 ANYPRODUCT SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS, OR
BEVERAGES SHALL NOT BE SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE
STATE UNLESS THE COOKWARE AND THE MANUFACTURER OF THE COOKWARECOMPLY WITH THIS PART 6.
(3) ON AND AFTER JANUARY 1, 2025, A PERSON SHALL NOT SELL,
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFASCHEMICALS:PAGE 10-HOUSE BILL 22-1345

(a) COSMETICS;(b) INDOOR TEXTILE FURNISHINGS; AND(c) INDOOR UPHOLSTERED FURNITURE.
(4) ON AND AFTER JANUARY 1, 2027, A PERSON SHALL NOT SELL,
OFFER FOR SALE, DISTRIBUTE FOR SALE, OR DISTRIBUTE FOR USE THE
FOLLOWING PRODUCTS THAT CONTAIN INTENTIONALLY ADDED PFASCHEMICALS:(a) OUTDOOR TEXTILE FURNISHINGS; AND(b) OUTDOOR UPHOLSTERED FURNITURE.
SECTION 2. In Colorado Revised Statutes, 24-103-904, amend (1)as follows:
24-103-904.
Purchasing preference for environmentally
preferable products - definitions. (1) As used in this section, unless thecontext otherwise requires:(a) "Environmentally preferable products" means products,
INCLUDING PRODUCTS THAT DO NOT CONTAIN INTENTIONALLY ADDED PFASCHEMICALS, that have a lesser or reduced adverse effect on human healthand the environment when compared with competing products that serve thesame purpose. The product comparison may consider such factors as theavailability of any raw materials used in the product being purchased andthe availability, use, production, safe operation, maintenance, packaging,
distribution, disposal, or recyclability of the product being purchased.
(b) "INTENTIONALLY ADDED PFAS CHEMICALS" HAS THE MEANINGSET FORTH IN SECTION 25-15-603 (12).
SECTION 3. In Colorado Revised Statutes, 25-5-1302, add (1.5),(3.6), (5.8), (7.5), (9), and (10) as follows:
25-5-1302. Definitions. As used in this part 13, unless the context
otherwise requires:

PAGE 11-HOUSE BILL 22-1345

(1.5) "CLASS B FIRE" MEANS A FIRE INVOLVING FLAMMABLE LIQUIDSOR GASES, INCLUDING PETROLEUM, PAINT, ALCOHOL, SOLVENT, OIL, AND
TAR.
(3.6) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR'S DESIGNEE.
(5.8) "INTENTIONALLY ADDED PFAS CHEMICALS" HAS THE MEANINGSET FORTH IN SECTION 25-15-603 (12).
(7.5) "RELEASE" MEANS ANY SPILLING, LEAKING, PUMPING, POURING,EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR
DISPOSING OF A CHEMICAL INTO THE ENVIRONMENT.
(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 FACILITIES.
(10) "WATER QUALITY SPILLS HOTLINE" MEANS THE PHONE SYSTEMCREATED 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 asfollows:
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 CHEMICALSSHALL:(a) NOT ALLOW A RELEASE OF THE CLASS B 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) ARE IMPERVIOUS TO PFAS CHEMICALS; AND
PAGE 12-HOUSE BILL 22-1345

(III) Do NOT ALLOW THE CLASS B FIREFIGHTING FOAM OR ANY
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, OR OTHER WASTE TO BE
RELEASED;(C) SAFELY STORE ALL CLASS B FIREFIGHTING FOAM AND ANY
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE IN A
WAY THAT PREVENTS THEIR RELEASE UNTIL THE FEDERAL ENVIRONMENTAL
PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE PROPER DISPOSALAND DESTRUCTION METHODS FOR PFAS CHEMICALS. AFTER THE FEDERALENVIRONMENTAL PROTECTION AGENCY HAS PUBLISHED GUIDANCE ON THE
PROPER DISPOSAL AND DESTRUCTION METHODS FOR PFAS CHEMICALS, THE
PERSON THAT USES THE CLASS B FIREFIGHTING FOAM CONTAINING
INTENTIONALLY ADDED PFAS CHEMICALS SHALL DISPOSE OF AND DESTROY
THE CLASS B FIREFIGHTING FOAM IN ACCORDANCE WITH SUCH GUIDANCE.
(d) IF THERE IS A RELEASE OF THE CLASS B FIREFIGHTING FOAM OR
ANY ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, OR OTHER WASTE,REPORT THE FOLLOWING INFORMATION TO THE WATER QUALITY SPILLSHOTLINE WITHIN TWENTY-FOUR HOURS AFTER ITS RELEASE:(I) THE TRADE NAME AND PRODUCT NAME OF THE CLASS B
FIREFIGHTING FOAM;(II) THE QUANTITY OF CLASS B FIREFIGHTING FOAM USED THATCONTAINS INTENTIONALLY ADDED PFAS CHEMICALS;(III) THE AMOUNT AND TYPE OF PFAS CHEMICALS IN THE CLASS B
FIREFIGHTING FOAM; AND(IV) THE AMOUNT OF CLASS B FIREFIGHTING FOAM OR ANY
ASSOCIATED FIREWATER, WASTEWATER, RUNOFF, AND OTHER WASTE THATIS RELEASED; AND(e) DOCUMENT ANY MEASURES UNDERTAKEN PURSUANT TO THE
REQUIREMENTS OF THIS SECTION. IN INVESTIGATING COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION, THE ATTORNEY GENERAL MAY REQUESTTHAT THE PERSON PROVIDE THE DOCUMENTATION CREATED PURSUANT TO
THE REQUIREMENTS OF THIS SUBSECTION (1)(e) TO THE ATTORNEY GENERAL.
(2) BEGINNING JANUARY 1, 2024, A PERSON THAT USES CLASS B
PAGE 13-HOUSE BILL 22-1345

FIREFIGHTING FOAM THAT CONTAINS INTENTIONALLY ADDED PFASCHEMICALS MUST REPORT THE USE OF THE CLASS B FIREFIGHTING FOAM TO
THE WATER QUALITY SPILLS HOTLINE WITHIN TWENTY-FOUR HOURS AFTERITS USE.
(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS SECTION,
THE RESTRICTIONS AND REQUIREMENTS IN SUBSECTIONS (1) AND (2) OF THISSECTION DO NOT APPLY TO THE USE OF CLASS B FIREFIGHTING FOAM WHERE
THE INCLUSION OF PFAS CHEMICALS IS REQUIRED OR AUTHORIZED BY
FEDERAL LAW, INCLUDING 14 CFR 139, OR IMPLEMENTED IN ACCORDANCEWITH FEDERAL AVIATION ADMINISTRATION GUIDANCE, OR OTHERWISEREQUIRED FOR A MILITARY PURPOSE.
(b) IF THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE
LAWS, GUIDANCE, OR REQUIREMENTS DESCRIBED IN SUBSECTION (3)(a) OF
THIS SECTION NO LONGER APPLY TO A PARTICULAR INDUSTRY OR SECTOR,THE EXECUTIVE DIRECTOR SHALL PROVIDE NOTICE ON THE DEPARTMENT'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 VIOLATION OF THISSECTION, WHICH RULES SHALL APPLY NO SOONER THAN TWO YEARS AFTERTHE EXECUTIVE DIRECTOR'S DETERMINATION.
SECTION 5. In Colorado Revised Statutes, amend 25-5-1307 as
follows:
25-5-1307. Civil penalty. (1) A manufacturer or a person who
violates the-provisions-of this part 13 is subject to a civil penalty not toexceed 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 THISPART 13 AND TO CONDUCT CIVIL INVESTIGATIONS AND BRING CIVIL ACTIONSFOR VIOLATIONS OF THIS PART 13.
SECTION 6. In Colorado Revised Statutes, 25-5-1309, amend (1)PAGE 14-HOUSE BILL 22-1345

introductory portion as follows:
25-5-1309. Restriction on the use of certain firefighting foam atcertain airports - definitions. (1) Beginning January 1, 2023 2024, the useof 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 assembly hereby finds,

PAGE 15-HOUSE BILL 22-1345

determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.

01A-----'
Steve Fenberg
PRESIDENT OF
THE SENATE

Alec Garnett
SPEAKER OF THE HOUSEOF REPRESENTATIVES

ee-at 'o( lkatkoat_
Robin Jones
CHIEF CLERK OF T
OUSEOF REPRESENTATIVESAPPROVEDJ U\ASL

Cindi L. Markwell
SECRETARY OF
THE SENATE, 2072(Dateed S. P lis
OVE OR OF THE

PAGE 16-HOUSE BILL 22-1345

otk- q 'Cic-3 OW

d Time)ATi OF COLORADO