SB26-090 • 2026

Exempt Critical Infrastructure from Right to Repair

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

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Sen. J. Carson, Sen. M. Snyder, Rep. A. Hartsook, Sen. J. Coleman, Sen. L. Liston, Sen. R. Rodriguez, Sen. C. Simpson
Last action: 2026-04-16
Official status: Senate Third Reading Passed with Amendments - Floor
Effective date: Not listed

Plain English Breakdown

The official source material does not provide specific details on enforcement mechanisms or penalties.

Exempt Critical Infrastructure from Right to Repair

This bill allows information technology equipment intended for use in critical infrastructure to be exempt from Colorado's consumer right to repair laws.

What This Bill Does

Defines 'critical infrastructure' as systems or assets that are vital to the United States and whose incapacity would have a debilitating impact on security, economic health, public safety, or any combination of these matters.
Exempts information technology equipment intended for use in critical infrastructure from Colorado's consumer right to repair laws.
Authorizes the attorney general to review exemptions for certain IT equipment used in critical infrastructure.

Who It Names or Affects

Manufacturers of information technology equipment
Businesses that sell IT equipment to other businesses or the government

Terms To Know

Critical Infrastructure: Systems or assets so vital to the United States that their incapacity would have a debilitating impact on security, economic health, public safety, or any combination of these matters.

Limits and Unknowns

The bill does not specify what happens if equipment is both used in critical infrastructure and sold retail.
It's unclear how the exemption will be enforced or monitored.
There are no details on penalties for non-compliance with this new law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.006

Third Reading

Passed

Plain English: SB090_L.006 Amendment No.

SB090_L.006 Amendment No.
___________ SB26-090 SENATE FLOOR AMENDMENT Third Reading BY SENATOR Snyder 1 Amend engrossed bill, page 2, strike lines 2 and 3 and substitute: 2 "SECTION 1.
In Colorado Revised Statutes, 6-1-1502, add (1.4) 3 as follows:".
4 Page 2, strike lines 8 through 19 and substitute: 5 "SECTION 2.

Bill History

2026-04-16 Senate
Senate Third Reading Passed with Amendments - Floor
2026-04-14 Senate
Senate Third Reading Laid Over to 04/16/2026 - No Amendments
2026-04-13 Senate
Senate Third Reading Laid Over to 04/14/2026 - No Amendments
2026-04-10 Senate
Senate Third Reading Laid Over to 04/13/2026 - No Amendments
2026-04-09 Senate
Senate Third Reading Laid Over to 04/10/2026 - No Amendments
2026-04-08 Senate
Senate Third Reading Laid Over to 04/09/2026 - No Amendments
2026-04-07 Senate
Senate Second Reading Passed - No Amendments
2026-04-02 Senate
Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
2026-02-10 Senate
Introduced In Senate - Assigned to Business, Labor, & Technology

Official Summary Text

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

to be used
in critical infrastructure from Colorado's consumer right to repair laws. Critical infrastructure is defined as a system or asset, 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.

The bill authorizes the attorney general to review an exemption from Colorado's consumer right to repair laws for certain information technology equipment (equipment) that is intended to be used in critical infrastructure. In reviewing whether the equipment is exempt, the attorney general shall consider whether the equipment is actually intended to be used in a manner that qualifies as critical infrastructure and whether the equipment is sold under a business-to-business or business-to-government contract and not customarily sold in a retail setting. Any determination made by the attorney general regarding an exemption may be appealed by the manufacturer of the equipment.
(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

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 Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
CONCERNING EXEMPTING CRITICAL INFRASTRUCTURE FROM THE101
"CONSUMER REPAIR BILL OF RIGHTS ACT".102
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.)
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,
SENATE
Amended 3rd Reading
April 16, 2026
SENATE
2nd Reading Unamended
April 7, 2026
SENATE SPONSORSHIP
Carson and Snyder, Coleman, Liston, Rodriguez, Simpson
HOUSE SPONSORSHIP
Hartsook,
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.
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:1
SECTION 1. In Colorado Revised Statutes, 6-1-1502, add (1.4)2
as follows:3
6-1-1502. Definitions.4
As used in this part 15, unless the context otherwise requires:5
(1.4) "CRITICAL INFRASTRUCTURE" HAS THE MEANING SET FORTH6
IN 42 U.S.C. SEC. 5195c (e).7
SECTION 2. In Colorado Revised Statutes, 6-1-1503, amend8
(5)(m), (5)(o), and (5)(p); and add (5)(q) and (11) as follows:9
6-1-1503. Manufacturer obligations regarding services -10
exemptions - information technology equipment - critical11
infrastructure determination by attorney general - rules.12
(5) With respect to digital electronic equipment, this part 15 does13
not apply to:14
(m) Video game consoles; or15
(o) Devices, components, or systems designed to perform or16
facilitate quantum information processing, including, solely to the extent17
necessary for such processing, storing, computing, communicating,18
measuring, or sensing quantum information, through manipulation,19
measurement, sensing, or utilization of quantum phenomena, limited to20
instances where the phenomena are integral to the device's primary21
function, including quantum superposition, quantum entanglement,22
quantum interference, quantum tunneling, or quantum transduction; or23
090-2-
(p) Quantum sensing devices that exploit quantum phenomena,1
limited to instances where the phenomena are integral to the device's2
primary function, such as quantum coherence, quantum entanglement,3
quantized energy states that do not include the semiconductor band gap4
phenomenon, quantum squeezing, quantum superposition, quantum5
interference, quantum transduction, or quantum tunneling, to detect,6
measure, or monitor physical quantities, environmental parameters, or7
external stimuli; OR8
(q) INFORMATION TECHNOLOGY EQUIPMENT THAT IS INTENDED TO9
BE USED IN CRITICAL INFRASTRUCTURE IN ACCORDANCE WITH SUBSECTION10
(11) OF THIS SECTION.11
(11) (a) THE ATTORNEY GENERAL MAY ADOPT RULES TO REVIEW12
EXEMPTIONS FROM THIS PART 15 FOR INFORMATION TECHNOLOGY13
EQUIPMENT THAT IS INTENDED TO BE USED IN CRITICAL INFRASTRUCTURE.14
(b) IN REVIEWING AN EXEMPTION FROM THIS PART 15 PURSUANT15
TO SUBSECTION (5)(q) OF THIS SECTION, THE ATTORNEY GENERAL SHALL16
CONSIDER THE FOLLOWING CRITERIA:17
(I) W HETHER THE INFORMATION TECHNOLOGY EQUIPMENT IS18
INTENDED TO BE USED IN A MANNER THAT WOULD QUALIFY THE19
EQUIPMENT AS CRITICAL INFRASTRUCTURE, AS DEFINED IN 42 U.S.C. SEC.20
5195c (e); AND21
(II) W HETHER THE INFORMATION TECHNOLOGY EQUIPMENT IS22
SOLD TO ITS INTENDED CUSTOMERS UNDER A BUSINESS -TO-BUSINESS OR23
BUSINESS-TO-GOVERNMENT CONTRACT AND NOT CUSTOMARILY SOLD IN24
A RETAIL SETTING.25
(c) T HERE IS A PRESUMPTION THAT THE INFORMATION26
TECHNOLOGY EQUIPMENT IS EXEMPT DURING THE PENDENCY OF THE27
090-3-
ATTORNEY GENERAL'S REVIEW.1
(d) A DETERMINATION MADE BY THE ATTORNEY GENERAL IN2
ACCORDANCE WITH THIS SUBSECTION (11) MAY BE APPEALED BY THE3
MANUFACTURER OF THE INFORMATION TECHNOLOGY EQUIPMENT IN A4
DISTRICT COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH5
SECTION 24-4-106.6
SECTION 3. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
090-4-