All State Policies: Colorado
Who’s Responsible?
Below are short descriptions of relevant state agencies/departments by policy topic, followed by more information on specific policies.
Drinking Water: Colorado’s Department of Public Health and Environment’s Water Quality Control Division monitors and reports on the quality of state waters to prevent water pollution, protect, restore and enhance the quality of surface and groundwater while ensuring that all drinking water systems provide safe drinking water. The Colorado Safe Drinking Water Program enforces the U.S. EPA’s drinking water quality standards. More information on Colorado’s water quality regulations, policies, and guidance can be found here.
Policies
Drinking Water
House Bill 22-1358
6/7/2022
The act requires child care centers, family child care homes, and public schools serving grades preschool through 5th grade test their drinking water sources for lead content by May 31, 2023. If appropriations are available, public schools that serve students in 6th through 8th grades should have the same testing done by November 30, 2024.
Within 30 days of the test results being received, the child care facility or school must make results and, if applicable, lead remediation plans available online. Results must be reported to the water quality control commission.
The CO Department of Public Health and the Environment must also provide training to schools and child care facilities for water filter maintenance, lead testing, reporting processes, and more. The act created a clean drinking water fund to support testing and maintenance requirements.
PFAS Chemicals Consumer Protection Act (HB 22-1345)
06/03/2022 Signed into law, partially goes into effect 1/1/2024, partially goes into effect 1/1/2025, and 1/1/2027
This bill restricts the sale of PFAS in a long list of consumer products, as well as fluids used in the extraction of oil and gas products. It also required manufacturers of cookware sold in the state that contains PFAS on any surface of the product that comes in contact with food, foodstuffs, or beverages must list the presence of PFAS chemicals on the product label in English and Spanish, with a link and QR code to more information about why the PFAS chemicals are intentionally added.
For the 2024 implementation, language specifically states, “Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals… “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 contains intentionally added pfas chemicals:
(a) carpets or rugs;
(b) fabric treatments;
(c) food packaging;
(d) juvenile products; and
(e) oil and gas products”
After January 2025, cosmetics, indoor textile furnishings, and indoor upholstered furniture will also not be sold or distributed if they contain intentionally added PFAS chemicals.
After January 2027, outdoor textile furnishings and outdoor upholstered furniture will also be added to the list.
Senate Bill 20-218
06/29/2020
The act creates the PFAS cash fund to fund the PFAS grant program, PFAS takeback program, and provide technical assistance in identifying and studying the presence of PFAS for communities, stakeholders, and regulatory boards or commissions. The grant program will provide funding for the sampling, assessment, and investigation of PFAS in ground or surface water; water system infrastructure used for the treatment of identified perfluoroalkyl and PFAS; and emergency assistance to water systems affected by PFAS. The takeback program will be used to purchase and dispose of eligible materials that contain PFAS.
House Bill 20-1119
State Government Regulation of Perfluoroalkyl and Polyfluoroalkyl Substances
06/29/2020
This act does not directly relate to PFAS in drinking water; however, it does require the Solid and Hazardous Waste Commission to promulgate rules for both a certificate of registration for any facility, fire department, or lessee subject to federal rules and regulations that uses or stores PFAS in its operations and for standards for the capture and disposal of PFAS. It prohibits the use of class B firefighting foam that contains intentionally added PFAS in certain aircraft hangars beginning January 1, 2023 and addresses when PFAS may be used for firefighting foam system testing. The act appropriates $43,836 from the hazardous waste service fund to the Department of Public Health and Environment for use by the hazardous materials and waste management division.
Safe Water in Schools Act (House Bill 1306)
06/08/2017
Established a grant program to pay for testing to detect the presence and concentration of lead in drinking water in public schools that receive their drinking water from public water systems, with the goal of completing all testing and analysis by June 30, 2020. Prioritization of funds focuses on the age of public elementary schools. For the 2017-18 state fiscal year, $431,803 is appropriated to the Department of Public Health and Environment for use by the Water Quality Control Division.
Environmental Justice
Healthy Rivers
Producer Responsibility Program for Statewide Recycling Act (House Bill 22-1355)
6/3/2022, with several implementation deadlines outlined in the law
The legislation requires packing producers to pay annual dues to fund a designated nonprofit organization to manage a statewide recycling program which will serve residences, public places, small businesses, schools, and government buildings.
