A Bill for an Act
Page 1, Line 101Concerning measures to increase transparency regarding
Page 1, Line 102the impact of the consumption of certain fuel
Page 1, Line 103products.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill prohibits a retailer from selling or displaying for sale certain fuel products to consumers in the state unless the retailer provides consumers with information about the impact of consuming the fuel products by labeling the fuel products with the phrase "Combustion of this product releases greenhouse gases known by the state of Colorado to be linked to global heating and significant health impacts."
A violation of the bill's requirements is a deceptive trade practice under the "Colorado Consumer Protection Act".
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) The majority of greenhouse gas emissions and ozone precursor
Page 2, Line 4emissions in Colorado come from the production and use of certain fuel products;
Page 2, Line 5(b) Failing to notify consumers about the impact of the consumption of certain fuel products poses a risk to public health;
Page 2, Line 6(c) Pursuant to the "Colorado Consumer Protection Act", article
Page 2, Line 71 of title 6, Colorado Revised Statutes, it is a deceptive trade practice to
Page 2, Line 8knowingly or recklessly make a false representation as to the
Page 2, Line 9characteristics, ingredients, uses, benefits, alterations, or quantities of
Page 2, Line 10goods, food, services, or property or to knowingly or recklessly engage
Page 2, Line 11in any unfair, unconscionable, deceptive, deliberately misleading, false, or fraudulent act or practice; and
Page 2, Line 12(d) A person that, in the course of the person's business, fails to
Page 2, Line 13properly label a fuel product with a disclosure about the impact of the consumption of the fuel product engages in a deceptive trade practice.
Page 2, Line 14SECTION 2. In Colorado Revised Statutes, add part 16 to article 5 of title 25 as follows:
Page 2, Line 15PART 16
LABELING OF FUEL PRODUCTS
Page 2, Line 1625-5-1601. Legislative declaration. (1) The general assembly
Page 2, Line 17finds and declares that:
Page 3, Line 1(a) The state of Colorado is working to reduce
Page 3, Line 2greenhouse gas emissions and air pollution to meet the
Page 3, Line 3requirements of the federal "Clean Air Act", 42 U.S.C. sec. 7401
Page 3, Line 4et seq., improve public health, and effectuate the reduction of
Page 3, Line 5pollution in disproportionately impacted communities as
Page 3, Line 6required by the "Environmental Justice Act", as enacted in 2021 by House Bill 21-1266;
Page 3, Line 7(b) The majority of greenhouse gas emissions and ozone
Page 3, Line 8precursor emissions in Colorado come from the production and
Page 3, Line 9use of petroleum products, natural gas, and other hydrocarbons for fuel;
Page 3, Line 10(c) Providing consumers with information about the
Page 3, Line 11impact of fossil fuel consumption directly at the point of
Page 3, Line 12purchase may encourage consumers to reduce their consumption
Page 3, Line 13and to use alternative products when appropriate, much like the
Page 3, Line 14health warnings on cigarette labels were used along with other
Page 3, Line 15strategies in the late 1900s to reduce the prevalence of smoking; and
Page 3, Line 16(d) In addition to actions the state is taking to make
Page 3, Line 17healthier choices available, consumers must be informed about
Page 3, Line 18the consequences of burning certain fuels so that they have the power to make an informed choice.
Page 3, Line 1925-5-1602. Definition.As used in this part 16, unless the context otherwise requires:
Page 3, Line 20(1) "Fuel product" means a gas or liquid that is produced from:
Page 3, Line 21(a) The processing of crude oil or other liquids at a petroleum refinery;
Page 4, Line 1(b) The extraction of liquid hydrocarbons at a natural gas processing plant;
Page 4, Line 2(c) Finished petroleum products at blending facilities; or
Page 4, Line 3(d) The conversion of biomass into biofuels such as ethanol.
Page 4, Line 425-5-1603. Labeling requirements. (1) On and after July 1,
Page 4, Line 52026, a retailer shall not display for sale or sell a fuel product,
Page 4, Line 6in a store or online, to a consumer in the state unless the
Page 4, Line 7retailer notifies a consumer about the impact of consuming the
Page 4, Line 8fuel product by labeling the fuel product in accordance with subsection (2) of this section.
Page 4, Line 9(2) (a) On and after July 1, 2026, a retailer shall label a
Page 4, Line 10fuel product with the following statement that is clearly
Page 4, Line 11legible, conspicuous, and accessible: "Combustion of this
Page 4, Line 12product releases greenhouse gases known by the state of
Page 4, Line 13Colorado to be linked to global heating and significant health impacts."
Page 4, Line 14(b) In labeling a fuel product pursuant to subsection (2)(a)
Page 4, Line 15of this section, a retailer shall adhere to the following requirements:
Page 4, Line 16(I) For a fuel product distributed with dispensing equipment such as pumps, the label must:
Page 4, Line 17(A) Be affixed in a conspicuous location on the dispensing equipment;
Page 4, Line 18(B) Be maintained in excellent condition and replaced
Page 4, Line 19when necessary; and
Page 5, Line 1(C) Include the statement specified in subsection (2)(a) of
Page 5, Line 2this section printed in red ink in type no smaller than thirty-eight points; and
Page 5, Line 3(II) For a fuel product distributed in a container, the label must:
Page 5, Line 4(A) Be affixed on the retailer's fuel product display in a
Page 5, Line 5conspicuous location or adjacent to the shelf where the fuel product is displayed;
Page 5, Line 6(B) Include the statement specified in subsection (2)(a) of
Page 5, Line 7this section printed in red ink in type no smaller than sixteen points; and
Page 5, Line 8(C) Be maintained in excellent condition and replaced when necessary.
Page 5, Line 925-5-1604. Enforcement - deceptive trade practice.A person
Page 5, Line 10that, in the course of the person's business, violates this part 16
Page 5, Line 11commits a deceptive trade practice under the "Colorado Consumer Protection Act", article 1 of title 6.
Page 5, Line 12SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:
Page 5, Line 136-1-105. Unfair or deceptive trade practices - definitions.
Page 5, Line 14(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 5, Line 15(iiii) Violates part 16 of article 5 of title 25.
Page 5, Line 16SECTION 4. Act subject to petition - effective date -
Page 5, Line 17applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 5, Line 18the expiration of the ninety-day period after final adjournment of the
Page 5, Line 19general assembly; except that, if a referendum petition is filed pursuant
Page 6, Line 1to section 1 (3) of article V of the state constitution against this act or an
Page 6, Line 2item, section, or part of this act within such period, then the act, item,
Page 6, Line 3section, or part will not take effect unless approved by the people at the
Page 6, Line 4general election to be held in November 2026 and, in such case, will take
Page 6, Line 5effect on the date of the official declaration of the vote thereon by the governor.
Page 6, Line 6(2) This act applies to conduct occurring on or after the applicable effective date of this act.