Amendments for HB22-1345

House Journal, April 18
17 HB22-1345 be amended as follows, and as so amended, be referred to
18 the Committee on Finance with favorable
19 recommendation:
20
21 Amend printed bill, page 4, strike lines 26 and 27 and substitute "THE
22 NATURAL ENVIRONMENT;".
23
24 Page 5, strike lines 9 through 11.
25
26 Reletter succeeding paragraph accordingly.
27
28 Page 5, line 14, strike "CHEMICALS." and substitute "CHEMICALS; AND
29 (b) AUTHORIZES THE DEPARTMENT TO REVIEW PRODUCTS AND
30 PRODUCT CATEGORIES THAT CONTAIN PFAS CHEMICALS AND MAKE
31 RECOMMENDATIONS TO THE STATE BOARD OF HEALTH CREATED IN
32 SECTION 25-1-103 (1) TO RESTRICT OR PROHIBIT THE PRODUCTION,
33 DISTRIBUTION, AND SALE OF PFAS CHEMICALS IN SPECIFIC CATEGORIES
34 OF PRODUCTS.".
35
36 Page 5, line 23, strike "AND" and substitute "OR".
37
38 Page 6, strike lines 11 and 12 and substitute:
39 "(6) "CURRENTLY UNAVOIDABLE USE" MEANS".
40
41 Page 6, after line 22 insert:
42 "(8) "DIVISION" MEANS THE DIVISION OF ENVIRONMENTAL HEALTH
43 AND SUSTAINABILITY IN THE DEPARTMENT.".
44
45 Renumber succeeding subsections accordingly.
46
47 Page 9, strike lines 12 through 17.
48
49 Renumber succeeding subparagraphs accordingly.
50
51 Page 10, strike lines 4 through 6 and substitute:
52
53 "(20) "OIL AND GAS PRODUCTS" MEANS HYDRAULIC FRACTURING
54 FLUIDS, DRILLING FLUIDS, AND PROPPANTS.".
55
1 Page 10, strike lines 16 and 17 and substitute "DIVISION HAS IDENTIFIED
2 AS A PRIORITY PRODUCT.".
3
4 Page 10, strike lines 19 through 21 and substitute "CATEGORY THAT THE
5 DIVISION HAS IDENTIFIED AS A PRIORITY PRODUCT CATEGORY.".
6
7 Page 11, before line 1 insert:
8
9 "(c) "PRODUCT" INCLUDES THE PACKAGING USED FOR THE
10 PRODUCTS DESCRIBED IN SUBSECTION (25)(d)(I) AND (25)(d)(II) OF THIS
11 SECTION.
12 (d) "PRODUCT" DOES NOT INCLUDE:
13 (I) DRUGS, MEDICAL DEVICES, BIOLOGICS, OR DIAGNOSTICS
14 APPROVED OR AUTHORIZED BY THE FEDERAL FOOD AND DRUG
15 ADMINISTRATION OR THE FEDERAL DEPARTMENT OF AGRICULTURE; OR
16 (II) VETERINARY PESTICIDE PRODUCTS APPROVED BY THE
17 FEDERAL ENVIRONMENTAL PROTECTION AGENCY FOR USE IN ANIMALS.".
18
19 Reletter succeeding paragraph accordingly.
20
21 Page 11, strike lines 17 and 18 and substitute:
22 "(c) BASED ON AVAILABLE INFORMATION, IS REASONABLY
23 BELIEVED TO POSE LESS OF A HAZARD TO PUBLIC HEALTH AND THE
24 ENVIRONMENT THAN THE USE OF PFAS CHEMICALS.".
25
26 Page 11, lines 19 through 21, strike "PEOPLE, AS IDENTIFIED BY THE
27 EXECUTIVE DIRECTOR BY RULE UNDER SECTION 25-5-1405 (2)(b)(III),"
28 and substitute "PEOPLE".
29
30 Page 12, strikes lines 3 and 4 and substitute "ANIMALS THAT ARE
31 DISPROPORTIONATELY OR".
32
33 Page 12, line 22, strike "fee -".
34
35 Page 14, strike lines 25 through 27.
36
37 Page 15, strike lines 1 through 8.
38
39 Page 15, line 10, strike "exemption - fee -" and strike "(a)".
40
41 Page 15, line 15, strike "(I)" and substitute "(a)".
42
43 Page 15, line 16, strike "(II)" and substitute "(b)".
44
45 Page 15, line 17, strike "(III)" and substitute "(c)".
46
47 Page 15, line 18, strike "(IV)" and substitute "(d)".
48
49 Page 15, line 19, strike "(V)" and substitute "(e)".
50
51 Page 15, line 20, strike "(VI)" and substitute "(f)".
52
53 Page 15, line 21, strike "(VII)" and substitute "(g)".
54
55 Page 15, line 22, strike "(VIII)" and substitute "(h)".
1 Page 15, line 23, strike "(IX)" and substitute "(i)".
2
3 Page 15, strike lines 24 through 27.
4
5 Strike pages 16 through 18.
6
7 Page 19, strike lines 1 through 17 and substitute:
8
9 "(2) (a) ON AND AFTER JANUARY 1, 2025, THE DIVISION MAY
10 DESIGNATE PRODUCTS OR PRODUCT CATEGORIES THAT CONTAIN
11 INTENTIONALLY ADDED PFAS CHEMICALS AS PRIORITY PRODUCTS OR
12 PRIORITY PRODUCT CATEGORIES.
13 (b) IN IDENTIFYING PRIORITY PRODUCTS AND PRIORITY PRODUCT
14 CATEGORIES, THE DIVISION SHALL CONSIDER:
15 (I) WHETHER ANOTHER STATE OR JURISDICTION HAS RESTRICTED
16 OR PROHIBITED A PERSON FROM SELLING, OFFERING FOR SALE,
17 DISTRIBUTING FOR SALE, OR DISTRIBUTING FOR USE A PRODUCT OR
18 PRODUCT CATEGORY;
19 (II) WHETHER A SCIENTIFIC ORGANIZATION OR FEDERAL OR STATE
20 GOVERNMENTAL AGENCY HAS DETERMINED THAT THERE IS A SAFER
21 ALTERNATIVE TO PFAS CHEMICALS IN A PARTICULAR PRODUCT OR
22 PRODUCT CATEGORY;
23 (III) WHETHER THE USE OF PFAS CHEMICALS IN A PRODUCT OR
24 PRODUCT CATEGORY CONSTITUTES A CURRENTLY UNAVOIDABLE USE; AND
25 (IV) BASED ON INFORMATION AVAILABLE TO THE DIVISION, A
26 PRODUCT'S OR PRODUCT CATEGORY'S RISK OF EXPOSING SENSITIVE
27 POPULATIONS, SENSITIVE SPECIES, AND THE OUTDOOR AND INDOOR
28 ENVIRONMENT TO PFAS CHEMICALS.
29 (c) UPON DESIGNATION OF A PRIORITY PRODUCT OR PRIORITY
30 PRODUCT CATEGORY, THE DIVISION SHALL SUBMIT A RECOMMENDATION
31 TO THE STATE BOARD OF HEALTH CREATED IN SECTION 25-1-103 (1) THAT
32 DESCRIBES WHAT ACTION IS NEEDED BY THE STATE BOARD OF HEALTH TO
33 PROHIBIT OR RESTRICT THE PRODUCTION, SALE, OR DISTRIBUTION OF THE
34 PRIORITY PRODUCTS OR PRIORITY PRODUCT CATEGORIES THAT CONTAIN
35 INTENTIONALLY ADDED PFAS CHEMICALS.
36 (d) UPON RECEIVING A RECOMMENDATION DESCRIBED IN
37 SUBSECTION (2)(c) OF THIS SECTION, THE STATE BOARD OF HEALTH
38 CREATED IN SECTION 25-1-103 (1) MAY PROMULGATE RULES PROHIBITING
39 OR RESTRICTING THE PRODUCTION, SALE, OR DISTRIBUTION OF THE
40 PRIORITY PRODUCTS OR PRIORITY PRODUCT CATEGORIES THAT CONTAIN
41 INTENTIONALLY ADDED PFAS CHEMICALS.".
42
43 Page 21, line 17, strike "DIRECTOR" and substitute "DIRECTOR, IN
44 CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION
45 AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY,".
46
47 Page 25, strike lines 6 through 15 and substitute:
48
49 "SECTION 7. In Colorado Revised Statutes, 25-5-1309, amend
50 (1) introductory portion as follows:
51 25-5-1309. Restriction on the use of certain firefighting foam
52 at certain airports - definitions. (1) Beginning January 1, 2023 2024,
53 the use of class B firefighting foam that contains intentionally added
54 perfluoroalkyl and polyfluoroalkyl substances shall be prohibited at
55 structures used for the storage or maintenance of aircraft where the
56 structure is located in an airport that:".
1 "SECTION 8. In Colorado Revised Statutes, 8-20-206.5, amend
2 (7)(c)(II) and (7)(c)(III)(B); and add (7)(c)(IV) as follows:
3 8-20-206.5. Environmental response surcharge - liquefied
4 petroleum gas and natural gas inspection fund - perfluoroalkyl and
5 polyfluoroalkyl substances cash fund - definitions. (7) (c) Money in
6 the fund is continuously appropriated for costs related to:
7 (II) Administering the perfluoroalkyl and polyfluoroalkyl
8 substances take-back program and purchasing and disposing of eligible
9 materials under the take-back program in accordance with section
10 25-5-1311; and
11 (III) Providing technical assistance in locating and studying
12 perfluoroalkyl and polyfluoroalkyl substances to communities,
13 stakeholders, and regulatory boards or commissions for the following
14 purposes:
15 (B) Identifying safe disposal methods of materials containing
16 perfluoroalkyl and polyfluoroalkyl substances; AND
1404 17 (IV) ADMINISTERING AND IMPLEMENTING SECTIONS 25-5-
18 AND 25-5-1405.".
19
20 Renumber succeeding section accordingly.
21
22 Strike "(15)" and substitute "(16)" on: Page 20, lines 6 and 17.
23
24

House Journal, April 29
52 Amendment No. 1, Energy & Environment Report, dated April 14, 2022,
53 and placed in member’s bill file; Report also printed in House Journal,
54 April 18, 2022.
55
1 Amendment No. 2, by Representative Bradfield.
2
3 Amend the Energy and Environment Committee Report, dated April 14,
4 2022, page 1, before line 1 insert:
5
6 "Amend printed bill, page 3, line 2, strike "part 14" and substitute "part
7 6".
8
9 Page 3 of the bill, line 3, strike "5" and substitute "15".
10
11 Page 3 of the bill, line 4, strike "PART 14" and substitute "PART 6".
12
13 Page 4 of the bill, line 1, strike "25-5-1401." and substitute "25-15-601.".
14
15 Page 4 of the bill, line 4, strike "25-5-1402." and substitute
16 "25-15-602.".".
17
18 Page 1 of the report, line 1, strike "Amend printed bill, page" and
19 substitute "Page".
20
21 Page 1 of the report, after line 2 insert:
22
23 "Page 5 of the bill, line 8, strike "THAT:" and substitute "THAT PHASES".".
24
25 Page 1 of the report, strike lines 4 through 11 and substitute:
26
27 "Page 5 of the bill, line 12, strike "(b) PHASES".
28
29 Page 5 of the bill, line 15, strike "25-5-1403." and substitute
30 "25-15-603.".
31
32 Page 5 of the bill, line 20, strike "COVERING." and substitute "COVERING
33 IN HOUSEHOLDS OR BUSINESSES.".".
34
35 Amendment No. 3, by Representative Bradfield.
36
37 Amend the Energy and Environment Committee Report, dated April 14,
38 2022, page 1, strike lines 13 through 18 and substitute:
39
40 "Page 6 of the printed bill, line 7, strike "TOOTHPASTE, DENTAL FLOSS,".
41
42 Page 6 of the bill, strike lines 11 through 20.
43
44 Renumber succeeding subsections accordingly.
45
46 Page 7 of the bill, strike lines 3 through 10.
47
48 Renumber succeeding subsections accordingly.
49
50 Page 7 of the bill, line 12, strike "FOOD." and substitute "FOOD AND THAT
51 IS COMPOSED, IN SUBSTANTIAL PART, OF PAPER, PAPERBOARD, OR OTHER
52 MATERIALS ORIGINALLY DERIVED FROM PLANT FIBERS.".
53
54 Page 7 of the bill, strike lines 13 through 15.
55
1 Renumber succeeding subsections accordingly.".
2
3 Page 2 of the report, strike lines 4 through 7 and substitute:
4
5 "Page 10 of the bill, line 7, after "IS" insert "INTENDED OR".
6
7 Page 10 of the bill, strike lines 15 through 21.
8
9 Renumber succeeding subsections accordingly.
10
11 Page 10 of the bill, line 23, strike "PACKAGED," and after "SALE" insert
12 "OR DISTRIBUTION".".
13
14 Page 2 of the report, line 10, strike "(25)(d)(I) AND (25)(d)(II)" and
15 substitute "(20)(d)(I) AND (20)(d)(II)".
16
17 Amendment No. 4, by Representative Bradfield.
18
19 Amend the Energy and Environment Committee Report, dated April 14,
20 2022, page 2, strike lines 19 through 30 and substitute:
21
22 "Page 11 of the bill, strike lines 12 through 27.
23
24 Page 12 of the bill, strike lines 1 through 5.
25
26 Renumber succeeding subsections accordingly.
27
28 Page 12 of the bill, strike lines 22 through 27.
29
30 Strike pages 13 and 14 of the bill.
31
32 Page 15 of the bill, strike lines 1 through 8.
33
34 Page 15 of the bill, line 9, strike "25-5-1405." and substitute
35 "25-15-604.".".
36
37 Page 3 of the report, strike line 3 and substitute:
38
39 "Page 15 of the bill, strike line 16.".
40
41 Page 3 of the report, line 4, strike ""(c)"." and substitute ""(b).".
42
43 Page 3 of the report, line 5, strike ""(d)"." and substitute ""(c).".
44
45 Page 3 of the report, line 6, strike ""(e)"." and substitute ""(d).".
46
47 Page 3 of the report, line 7, strike ""(f)"." and substitute ""(e).".
48
49 Page 3 of the report, line 8, strike ""(g)"." and substitute ""(f).".
50
51 Page 3 of the report, line 9, strike ""(h)"." and substitute ""(g).".
52
53 Page 3 of the report, line 10, strike ""(i)"." and substitute ""(h).".
54
55 Amendment No. 5, by Representative Bradfield.
1 Amend the Energy and Environment Committee Report, dated April 14,
2 2022, page 3, strike lines 14 through 30.
3
4 Page 4 of the report, strike lines 1 through 19 and substitute:
5
6 ""(2) (a) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER OF
7 COOKWARE SOLD IN THE STATE THAT CONTAINS INTENTIONALLY ADDED
8 PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY PRODUCT
9 SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS, OR
10 BEVERAGES SHALL LIST THE PRESENCE OF PFAS CHEMICALS ON THE
11 PRODUCT LABEL AND SHALL INCLUDE ON THE PRODUCT LABEL A
12 STATEMENT, IN BOTH ENGLISH AND SPANISH, THAT READS: "FOR MORE
13 INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT"
14 FOLLOWED BY BOTH OF THE FOLLOWING:
15 (I) AN INTERNET WEBSITE ADDRESS FOR A WEB PAGE THAT
16 PROVIDES INFORMATION ABOUT WHY THE PFAS CHEMICALS ARE
17 INTENTIONALLY ADDED; AND
18 (II) A QUICK RESPONSE (QR) CODE OR OTHER MACHINE-READABLE
19 CODE, CONSISTING OF AN ARRAY OF SQUARES, USED FOR STORING AN
20 INTERNET WEBSITE FOR A WEB PAGE THAT PROVIDES INFORMATION ABOUT
21 WHY THE PFAS CHEMICALS ARE INTENTIONALLY ADDED.
22 (b) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL
23 ENSURE THAT THE STATEMENT REQUIRED ON THE PRODUCT LABEL BY
24 SUBSECTION (2)(a) OF THIS SECTION IS VISIBLE AND LEGIBLE TO THE
25 CONSUMER, INCLUDING ON THE PRODUCT LISTING FOR ONLINE SALES.
26 (c) COOKWARE THAT MEETS BOTH OF THE FOLLOWING
27 REQUIREMENTS IS EXEMPT FROM THE REQUIREMENT OF THIS SUBSECTION
28 (2):
29 (I) THE SURFACE AREA OF THE COOKWARE CANNOT FIT A PRODUCT
30 LABEL OF AT LEAST TWO SQUARE INCHES; AND
31 (II) THE COOKWARE DOES NOT HAVE EITHER OF THE FOLLOWING:
32 (A) AN EXTERIOR CONTAINER OR WRAPPER ON WHICH A PRODUCT
33 LABEL CAN APPEAR OR BE AFFIXED; AND
34 (B) A TAG OR OTHER ATTACHMENT WITH INFORMATION ABOUT
35 THE PRODUCT ATTACHED TO THE COOKWARE.".".
36
37 Amendment No. 6, by Representative Bradfield.
38
39 Amend the Bradfield floor amendment (HB1345_L.015), page 1, strike
40 line 33 and substitute "THE PRODUCT ATTACHED TO THE COOKWARE.
41 (d) A MANUFACTURER OF COOKWARE SOLD IN THE STATE SHALL
42 ENSURE THAT THE STATEMENT OTHERWISE REQUIRED ON THE PRODUCT
43 LABEL BY SUBSECTION (2)(a) OF THIS SECTION IS INCLUDED ON THE
44 PRODUCT LISTING FOR ONLINE SALES PURSUANT TO SUBSECTION (2)(b) OF
45 THIS SECTION.
46 (e) ON AND AFTER JANUARY 1, 2024, A MANUFACTURER SHALL
47 NOT MAKE A CLAIM, ON THE COOKWARE PACKAGE, THAT THE COOKWARE
48 IS FREE OF ANY PFAS CHEMICALS UNLESS NO INDIVIDUAL PFAS
49 CHEMICAL IS INTENTIONALLY ADDED TO THE COOKWARE.
50 (f) COOKWARE THAT CONTAINS ONE OR MORE INTENTIONALLY
51 ADDED PFAS CHEMICALS IN THE HANDLE OF THE PRODUCT OR IN ANY
52 PRODUCT SURFACE THAT COMES INTO CONTACT WITH FOOD, FOODSTUFFS,
53 OR BEVERAGES SHALL NOT BE SOLD, OFFERED FOR SALE, OR DISTRIBUTED
54 IN THE STATE UNLESS THE COOKWARE AND THE MANUFACTURER OF THE
55 COOKWARE COMPLY WITH THIS PART 6.".".
1 Page 20 of the bill, line 6, strike "25-5-1403 (15)" and substitute
2 "25-15-603 (12)".
3
4 Page 20 of the bill, line 17, strike "25-5-1403 (15)" and substitute
5 "25-15-603 (12)".
6
7 Page 21, strike lines 2 through 27.
8
9 Page 22, strike lines 1 through 17.
10
11 Renumber succeeding sections accordingly.".
12
13 Page 4 of the report, strike lines 29 through 39.
14
15 Page 5 of the report, strike lines 1 through 7.
16
17 Page 5 of the report, strike line 9.
18
19 Amendment No. 7, by Representative Cutter.
20
21 Amend printed bill, page 24, line 14, strike "(3) THE" and substitute
22 "(3) (a) EXCEPT AS PROVIDED IN SUBSECTION (3)(b) OF THIS SECTION,
23 THE".
24
25 Page 24, after line 19 insert:
26
27 "(b) IF THE EXECUTIVE DIRECTOR DETERMINES BY RULE THAT THE
28 LAWS, GUIDANCE, OR REQUIREMENTS DESCRIBED IN SUBSECTION (3)(a) OF
29 THIS SECTION NO LONGER APPLY TO A PARTICULAR INDUSTRY OR SECTOR,
30 THE EXECUTIVE DIRECTOR SHALL PROVIDE NOTICE ON THE DEPARTMENT'S
31 WEBSITE OF THIS DETERMINATION AND SHALL PROMULGATE RULES
32 PROHIBITING USERS OF CLASS B FIREFIGHTING FOAM WITHIN THAT
33 INDUSTRY OR SECTOR FROM USING CLASS B FIREFIGHTING FOAM IN
34 VIOLATION OF THIS SECTION, WHICH RULES SHALL APPLY NO SOONER THAN
35 TWO YEARS AFTER THE EXECUTIVE DIRECTOR'S DETERMINATION.".
36
37 As amended, ordered engrossed and placed on the Calendar for Third
38 Reading and Final Passage.
39

Senate Journal, May 9
HB22-1345 by Representative(s) Cutter and Bradfield; also Senator(s) Gonzales and Lee--Concerning
measures to increase protections from perfluoroalkyl and polyfluoroalkyl chemicals.

A majority of the those elected to the Senate having voted in the affirmative, Senator Lee was
given permission to offer a Third Reading amendment.


Amend revised bill, page 5, line 12, strike "Definitions." and substitute "Definitions - repeal.".

Page 6, after line 6 insert:

"(d) (I) "COSMETIC" DOES NOT INCLUDE HYDROFLUOROOLEFINS USED AS PROPELLANTS
IN COSMETICS.
(II) THIS SUBSECTION (5)(d) IS REPEALED EFFECTIVE JANUARY 1, 2027.".

Page 6, line 14, after "(9)" insert "(a)".

Page 6, after line 16 insert:

"(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.".

Page 11, lines 8 and 9, strike "Prohibition - identification of the list of priority products -
rules." and substitute "Prohibition on the sale or distribution of certain consumer products
that contain intentionally added PFAS chemicals - product label requirements for
cookware.".


The amendment was passed on the following roll call vote:

YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:


YES 24 NO 11 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson N
Buckner Y Gonzales Y Liston N Smallwood N
Coleman Y Hansen Y Lundeen N Sonnenberg N
Cooke N Hinrichsen Y Moreno Y Story Y
Coram N Hisey Y Pettersen Y Winter Y
Danielson Y Holbert N Priola Y Woodward N
Donovan Y Jaquez Y Rankin N Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott N