SB 90 Colorado Senate · 2026 Regular Session

Exempt Critical Infrastructure from Right to Repair

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.)
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Apr 2026
Senate Passage
Apr 2026
House Passage
Governor
Introduced Feb 10, 2026 Last action Apr 27, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Reengrossed · 4 edits · Apr 16, 2026
MODERATE
The bill was reengrossed to add new exemptions for digital equipment, specifically including quantum computing and sensing devices, while removing previous exemptions for agricultural equipment and wheelchairs. It also establishes a new process where the Attorney General can review and potentially exempt IT equipment used in critical infrastructure, with a presumption that such equipment remains exempt during the review period.
Scope change
The bill's scope expanded to include quantum information processing devices and quantum sensing devices as exempt from digital repair requirements, while narrowing the scope by removing agricultural equipment and powered wheelchairs from the exemption list.
EXEMPTIONS

Added exemptions for video game consoles, quantum information processing devices, and quantum sensing devices from digital repair laws.

Removed exemptions for agricultural equipment and powered wheelchairs from the digital repair law.

ENFORCEMENT

Created a new authority for the Attorney General to review exemptions for IT equipment in critical infrastructure and established a presumption of exemption during the review process.

DEFINITION

Updated the definition of critical infrastructure to reference federal law and added specific criteria for determining if equipment qualifies for critical infrastructure exemptions.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
11
Key actions
3
Committee
2
Apr 27, 2026
Lower · Passed
House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
lower
Apr 21, 2026
Introduced
Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs
lower
Apr 16, 2026
Upper · Passed
Senate Third Reading Passed with Amendments - Floor
upper
Apr 2, 2026
Upper · Passed
Senate Committee on Business, Labor, & Technology Refer Unamended to Senate Committee of the Whole
upper
Feb 10, 2026
Introduced
Introduced In Senate - Assigned to Business, Labor, & Technology
upper
4 primary · 4 co-sponsors

Sponsors