| 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 the sale or distribution of products that
contain intentionally added 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.
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);
•
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); and
•
Authorizes the attorney general to enforce laws regulating
firefighting foams that contain PFAS chemicals (section 6).
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