Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu
HB22-1345

Perfluoroalkyl And Polyfluoroalkyl Chemicals

Concerning measures to increase protections from perfluoroalkyl and polyfluoroalkyl chemicals.
Session:
2022 Regular Session
Subject:
Natural Resources & Environment
Bill Summary

Section 1 of the bill enacts the "Perfluoroalkyl and Polyfluoroalkyl 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 their products and phases out prohibits the sale or distribution of certain products that contain intentionally added PFAS chemicals perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals) . Section 1 requires manufacturers of products that are sold or distributed in the state and that contain intentionally added PFAS chemicals to provide written notification (notification) to the executive director (executive director) of the Colorado department of public health and environment (department) that provides:

  • The trade name of the product;
  • A description of the purpose that PFAS chemicals serve in the product;
  • Contact information for the manufacturer; and
  • Any additional information required by the executive director.

For manufacturers that were already selling or distributing a product containing intentionally added PFAS chemicals in the state before January 1, 2025, the notification must be made no later than 30 days before January 1, 2025. For manufacturers that begin to sell or distribute a product containing intentionally added 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.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. A manufacturer submitting the notification to the executive director must pay a fee established by the executive director. The fee will be credited to the perfluoroalkyl and polyfluoroalkyl substances cash fund (fund).

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:

  • Carpets or rugs;
  • Cookware;
  • Cosmetics;
  • Fabric treatments;
  • Food packaging;
  • Juvenile products;
  • Oil and gas products;
  • Textile furnishings; and
  • Upholstered furniture.

No later than January 1, 2025, the executive director will identify by rule a list of priority products and priority product categories. 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 intentionally added PFAS chemicals and that have not been exempted by the executive director.No later than January 1, 2028, the executive director will identify by rule another list of priority products or priority product categories. No 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.A manufacturer or consumer that applies for an exemption for a priority product or priority product category identified by the executive director must pay a fee established by the executive director. The fee will be credited to the fund.On and after January 1, 2024, a manufacturer of cookware sold in the state that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages is required to:

  • List the presence of PFAS chemicals on the product label of the cookware; and
  • Include a statement on the product label of the cookware that directs the consumer to a website with information about why PFAS chemicals were intentionally added to the product.

On and after January 1, 2024, a manufacturer of cookware is prohibited from making a statement that the cookware is free of PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware.Section 2 includes products that do not contain intentionally added PFAS chemicals in the definition of "environmentally preferable products" for the purposes of state agency procurement.

The bill also:

  • Defines certain terminology ( section 3 );
  • 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 );
  • 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 foam into the environment, fully contain the firefighting foam during its use, safely store the 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 4 );
  • Requires a person that uses firefighting foam to report its use to the water quality spills hotline within 24 hours after the use ( section 5 4 ); and
  • Authorizes the attorney general to enforce laws regulating firefighting foams that contain PFAS chemicals ( section 6 5 ); and
  • Extends the date that the restriction on the use of firefighting foam that contains intentionally added PFAS chemicals at certain airports goes into effect (section 6).

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

Menu

Bill Text