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Senate adopts amendment narrowing critical-infrastructure exception in right-to-repair bill; SB90 passes
Summary
Senate Bill 90, addressing exemptions to Colorado's right-to-repair law, was amended to define a critical-infrastructure exception and give the attorney general rulemaking authority; the amended bill then passed the Senate by recorded vote.
Senate Bill 90, a proposal to exempt certain critical infrastructure from Colorado’s right-to-repair protections, passed the Senate on April 16 after the chamber adopted a third-reading amendment that narrows and clarifies the scope of the exception.
Senator Snyder (S15), who explained and sponsored amendment L006, told colleagues that negotiating with opponents, the governor’s office and the attorney general’s office produced language that defines what qualifies as critical infrastructure and directs the attorney general to adopt rules to review exception requests. “It defines what the critical infrastructure is,” Snyder said, adding the language provides criteria and preserves appeals to district court.
Senator Carson (S3), who moved the amendment from the well, said the change preserves Colorado’s strong right-to-repair law while recognizing legitimate exceptions for business-to-business and certain nonretail equipment, and he urged colleagues to support the amendment and the bill.
The Senate adopted amendment L006 by voice vote and later approved the amended bill on a recorded vote announced by the presiding officer: with a vote reported as 22 ayes and 13 no, Senate Bill 90 passed on third reading.
Why it matters: The amendment adds process and narrower definitions to address concerns raised by manufacturers and public-sector operators about where right-to-repair obligations properly apply. Delegating a review role to the attorney general creates a centralized process for evaluating exemption requests and sets out criteria the office should consider.
What remains: The bill, as amended, will proceed through enrollment and transmittal steps and—if enacted—would change the administration of right-to-repair exemptions in Colorado. The amendment preserves judicial review and includes specific factors for the attorney general to weigh.
All quotes and vote counts are taken from the Senate floor proceeding as announced in the April 16, 2026 floor transcript.
