Senate adopts amendment narrowing critical‑infrastructure exemption in right‑to‑repair bill and passes SB90

Senate Bill 90, which would exempt certain critical infrastructure from the Consumer Repair Bill of Rights Act, was amended and passed in the Colorado Senate on April 16.

Senator Snyder offered third‑reading amendment L006 to define what counts as critical infrastructure, to give the Colorado attorney general authority to adopt rules reviewing exemption requests and to set criteria for that review, and to preserve judicial appeal. Snyder said the amendment was developed with stakeholders including the governor’s office and the attorney general to balance right‑to‑repair protections with legitimate operational needs at infrastructure sites. “We worked with the opponents of the bill, the governor’s office, the attorney general’s office, trying to come up with a way that preserves our successes and right to repair, but also recognizes there are legitimate exceptions,” Snyder said.

Senator Carson urged support for the amendment and the bill, noting existing exemptions such as for medical and other safety‑critical equipment and arguing the amendment clarifies the scope for business‑to‑business and government contracts. After brief discussion the Senate adopted amendment L006 by voice vote and then voted to pass SB90 as amended; the clerk announced the final tally (SB90 passed with 22 ayes and 13 noes). The amendment and the bill, sponsors said, preserve Colorado’s robust right‑to‑repair framework while creating a process for evaluating narrow critical‑infrastructure exceptions.

The bill, as amended, directs the attorney general to establish a rulemaking process that considers whether equipment is intended for critical‑infrastructure use, whether it is sold in retail settings, whether contracts are business‑to‑business or business‑to‑government, and preserves appeal to district court.