Exempt Critical Infrastructure from Right to Repair

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 26-0713.01 Christopher McMichael x4775 SENATE BILL 26-090 SENATE SPONSORSHIP Carson and Snyder, Coleman, Liston, Rodriguez, Simpson HOUSE SPONSORSHIP Hartsook, Senate Committees House Committees Business, Labor, & Technology A BILL FOR AN ACT "CONSUMER REPAIR BILL OF RIGHTS ACT".

Under current law, consumers in Colorado have a right to repair all digital electronic equipment, which could include equipment that is considered critical infrastructure. The bill exempts information technology equipment that is intended for use in critical infrastructure from Colorado's consumer right to repair laws. Critical infrastructure is defined as a system or asset, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

April 7, 2026 (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.) SENATE Amended 3rd Reading April 16, 2026 Bill Summary SENATE CONCERNING EXEMPTING CRITICAL INFRASTRUCTURE FROM THE 2nd Reading Unamended whether physical or virtual, so vital to the United States that the incapacity or destruction of the system or asset would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 6-1-1502, add (1.4) as follows:

6-1-1502. Definitions.

As used in this part 15, unless the context otherwise requires:

(1.4) "CRITICAL INFRASTRUCTURE" HAS THE MEANING SET FORTH IN 42 U.S.C. SEC. 5195c (e).

SECTION 2. In Colorado Revised Statutes, 6-1-1503, amend (5)(m), (5)(o), and (5)(p); and add (5)(q) and (11) as follows: 6-1-1503.

Manufacturer obligations regarding services - exemptions - information technology equipment - critical infrastructure determination by attorney general - rules.

(5) With respect to digital electronic equipment, this part 15 does not apply to:

(m) Video game consoles; or

(o) Devices, components, or systems designed to perform or facilitate quantum information processing, including, solely to the extent necessary for such processing, storing, computing, communicating, measuring, or sensing quantum information, through manipulation, measurement, sensing, or utilization of quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, including quantum superposition, quantum entanglement, quantum interference, quantum tunneling, or quantum transduction; or

(p) Quantum sensing devices that exploit quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, such as quantum coherence, quantum entanglement, quantized energy states that do not include the semiconductor band gap phenomenon, quantum squeezing, quantum superposition, quantum interference, quantum transduction, or quantum tunneling, to detect, measure, or monitor physical quantities, environmental parameters, or external stimuli; OR

(q) INFORMATION TECHNOLOGY EQUIPMENT THAT IS INTENDED TO BE USED IN CRITICAL INFRASTRUCTURE IN ACCORDANCE WITH SUBSECTION

(11) OF THIS SECTION.

(11) (a) THE ATTORNEY GENERAL MAY ADOPT RULES TO REVIEW EXEMPTIONS FROM THIS PART 15 FOR INFORMATION TECHNOLOGY EQUIPMENT THAT IS INTENDED TO BE USED IN CRITICAL INFRASTRUCTURE.

(b) IN REVIEWING AN EXEMPTION FROM THIS PART 15 PURSUANT TO SUBSECTION (5)(q) OF THIS SECTION, THE ATTORNEY GENERAL SHALL CONSIDER THE FOLLOWING CRITERIA:

(I) WHETHER THE INFORMATION TECHNOLOGY EQUIPMENT IS INTENDED TO BE USED IN A MANNER THAT WOULD QUALIFY THE EQUIPMENT AS CRITICAL INFRASTRUCTURE, AS DEFINED IN 42 U.S.C. SEC.

5195c (e); AND

(II) WHETHER THE INFORMATION TECHNOLOGY EQUIPMENT IS SOLD TO ITS INTENDED CUSTOMERS UNDER A BUSINESS-TO-BUSINESS OR BUSINESS-TO-GOVERNMENT CONTRACT AND NOT CUSTOMARILY SOLD IN A RETAIL SETTING.

(c) THERE IS A PRESUMPTION THAT THE INFORMATION TECHNOLOGY EQUIPMENT IS EXEMPT DURING THE PENDENCY OF THE ATTORNEY GENERAL'S REVIEW.

(d) A DETERMINATION MADE BY THE ATTORNEY GENERAL IN ACCORDANCE WITH THIS SUBSECTION (11) MAY BE APPEALED BY THE MANUFACTURER OF THE INFORMATION TECHNOLOGY EQUIPMENT IN A DISTRICT COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH

SECTION 24-4-106.

SECTION 3.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.