SB 26-90

Senate Bill 26-90 exempts certain information technology equipment used for critical infrastructure from Colorado's consumer right-to-repair laws. This means that businesses and government entities can purchase and use specific IT equipment without having to adhere to the state’s repair rights for consumers, which typically allow individuals to fix their own electronic devices or have them repaired by third parties. The bill allows the attorney general to review these exemptions based on whether the equipment is intended for critical infrastructure purposes and sold through business contracts rather than retail sales. Since the bill has been signed into law, it now officially changes how certain IT equipment used in critical infrastructure can be managed and maintained within Colorado.

Official Summary

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.)

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