PFAS Bill in Colorado Legislature

State of Colorado House Bill 20-1119 in Legislature

HB20-1119, State Government Regulation of Perfluoroalkyl and Polyfluoroalkyl Substances was introduced to the Colorado legislature January 15. As introduced, HB20-1119 has four sections; several amendments have also been offered:

  • Section 1 of the bill addresses when PFAS may be used for firefighting foam system testing both in general and in certain aircraft hangars.
  • Section 2 grants CDPHE the power to adopt and enforce standards and regulations that require public drinking water systems to sample drinking water supply sources and finished drinking water for PFAS.
  • Section 3 clarifies that the Colorado Water Quality Control Commission may set standards related to PFAS in surface- and groundwater and may require wastewater systems to collect PFAS data relevant to the commission setting PFAS standards.
  • Section 4 requires the CDPHE Solid and Hazardous Waste Commission to promulgate rules for a certificate of registration for any facility or fire department that possesses PFAS-containing foams, and for standards for capture and disposal of PFAS in firefighting agents or firefighting equipment.
  • Proposed amendments would include levy a fee on wholesale petroleum storage activities to establish an enterprise fund that would be administered by a Governor-appointed board. Other amendments would provide for an AFFF take-back program, water sampling, and waive liability for entities such as local governments and wastewater treatment plants. Other amendments being introduced include developing numeric surface- and groundwater standards by 2025, creating a registry of entities possessing PFAS-containing firefighting foams, and exempting  domestic wastewater treatment plants from certain requirements.

HB20-1119 is currently scheduled to be heard by the House Energy & Environment Committee on Monday March 9, 2020. There will likely be significant changes to the bill as it moves through the legislative process.