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 anthropogenic
Page 2, Line 4ozone precursor emissions 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 section 25-7-102 and the federal "Clean Air
Page 3, Line 4Act", 42 U.S.C. sec. 7401 et seq., improve public health, and
Page 3, Line 5effectuate the reduction of pollution in disproportionately
Page 3, Line 6impacted communities as required 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
Page 3, Line 8anthropogenic ozone precursor emissions in Colorado come from
Page 3, Line 9the production and use 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 and to use alternative products when appropriate;
Page 3, Line 13(d) Colorado has been a leader in passing strong laws and
Page 3, Line 14regulations to achieve pollution reduction, which resulted in
Page 3, Line 15the reduction of greenhouse gas emissions by eleven and forty
Page 3, Line 16one-hundredths percent statewide in 2020 from 2005 levels,
Page 3, Line 17including a fourteen percent reduction of greenhouse gas
Page 3, Line 18emissions in the transportation sector. Colorado has also
Page 3, Line 19established incentive and assistance programs for commercial
Page 3, Line 20and consumer decarbonization, including income-based assistance.
Page 3, Line 21(e) Despite regulations, incentives, and consumer
Page 3, Line 22assistance, the state's greenhouse gas emissions reductions are
Page 3, Line 23not meeting statutory requirements, and ozone pollution in the
Page 4, Line 1nonattainment area, as defined in section 25-7-1402 (8), has not improved; and
Page 4, Line 2(f) In addition to actions the state is taking to make
Page 4, Line 3healthier choices available, consumers must be informed about
Page 4, Line 4the consequences of burning certain fuels so that they have the power to make an informed choice.
Page 4, Line 525-5-1602. Definitions.As used in this part 16, unless the context otherwise requires:
Page 4, Line 6(1) "Air pollutant" has the meaning set forth in section 25-7-103 (1.5).
Page 4, Line 7(2) "Fuel product" means a gas or liquid that is produced from:
Page 4, Line 8(a) The processing of crude oil or other liquids at a petroleum refinery;
Page 4, Line 9(b) The extraction of liquid hydrocarbons at a natural gas processing plant;
Page 4, Line 10(c) Finished petroleum products at blending facilities; or
Page 4, Line 11(d) The conversion of biomass into biofuels such as ethanol.
Page 4, Line 12(3) "Greenhouse gas" has the meaning set forth in section 25-7-140 (6).
Page 4, Line 1325-5-1603. Labeling requirements. (1) On and after July 1,
Page 4, Line 142026, a retailer shall not display a fuel product for sale in a
Page 4, Line 15pump or a container in a store or sell a fuel product from a pump
Page 4, Line 16or a container in a store to a consumer in the state unless the
Page 4, Line 17retailer notifies a consumer about the impact of consuming the
Page 4, Line 18fuel product by labeling the fuel product in accordance with subsection (2) of this section.
Page 5, Line 1(2) (a) On and after July 1, 2026, a retailer shall label a
Page 5, Line 2fuel product with the following statement that is clearly
Page 5, Line 3legible, conspicuous, and accessible, in both English and Spanish:
Page 5, Line 4"WARNING: Use of this product releases air pollutants and
Page 5, Line 5greenhouse gases, known by the state of Colorado to be
Page 5, Line 6linked to significant health impacts and global heating,
Page 5, Line 7respectively, pursuant to section 25-5-1603, C.R.S. Tampering with this label is a violation of section 18-4-510, C.R.S."
Page 5, Line 8(b) In labeling a fuel product pursuant to subsection (2)(a)
Page 5, Line 9of this section, a retailer shall adhere to the following requirements:
Page 5, Line 10(I) For a fuel product distributed with dispensing equipment such as pumps, the label must:
Page 5, Line 11(A) Be affixed in a conspicuous location on the dispensing equipment;
Page 5, Line 12(B) Be maintained and replaced when necessary; and
Page 5, Line 13(C) Include the statement specified in subsection (2)(a) of
Page 5, Line 14this section printed inblack ink on a white background, in type no smaller than sixteen points; and
Page 5, Line 15(II) For a fuel product distributed in a container, the label must:
Page 5, Line 16(A) Be affixed on the retailer's fuel product display in a conspicuous location;
Page 5, Line 17(B) Include the statement specified in subsection (2)(a) of
Page 5, Line 18this section printed in black ink on a white background, in type
Page 5, Line 19no smaller than sixteen points; and
(C) Be maintained and replaced when necessary.
Page 6, Line 125-5-1604. Enforcement - deceptive trade practice.(1) A
Page 6, Line 2person that, in the course of the person's business, violates this
Page 6, Line 3part 16 commits a deceptive trade practice under the "Colorado Consumer Protection Act", article 1 of title 6.
Page 6, Line 4(2) Prior to any enforcement action pursuant to article
Page 6, Line 51 of title 6, a consumer shall issue, by certified mail, a notice of
Page 6, Line 6violation to the person violating this part 16. If the person fails
Page 6, Line 7to cure the violation within forty-five days after receipt of the
Page 6, Line 8notice of violation, an action may be brought pursuant to article 1 of title 6.
Page 6, Line 9SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii) as follows:
Page 6, Line 106-1-105. Unfair or deceptive trade practices - definitions.
Page 6, Line 11(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 6, Line 12(iiii) Fails to properly label, or disclose information
Page 6, Line 13related to, fuel products in accordance with the requirements set forth in article 5 of title 25.
Page 6, Line 14SECTION 4. Act subject to petition - effective date -
Page 6, Line 15applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 6, Line 16the expiration of the ninety-day period after final adjournment of the
Page 6, Line 17general assembly; except that, if a referendum petition is filed pursuant
Page 6, Line 18to section 1 (3) of article V of the state constitution against this act or an
Page 6, Line 19item, section, or part of this act within such period, then the act, item,
Page 6, Line 20section, or part will not take effect unless approved by the people at the
Page 6, Line 21general election to be held in November 2026 and, in such case, will take
Page 7, Line 1effect on the date of the official declaration of the vote thereon by the governor.
Page 7, Line 2(2) This act applies to conduct occurring on or after the applicable effective date of this act.