Concerning exempting critical infrastructure from the "Consumer Repair Bill of Rights Act".
Summary
SB26-090 narrows Colorado’s consumer right-to-repair framework by carving out information technology equipment intended for use in critical infrastructure. Under current law, the Consumer Repair Bill of Rights Act applies broadly to digital electronic equipment, and this bill adds a new exclusion so that equipment used in critical infrastructure is not covered. The bill also defines critical infrastructure by reference to federal law, tying the exemption to systems or assets whose incapacity or destruction would have a debilitating impact on security, national economic security, or public health and safety.
In practical terms, the bill would remove certain critical-infrastructure IT equipment from the repair-rights requirements that otherwise apply to consumers and repair providers in Colorado. It amends the statutory definition of “digital electronic equipment” and adds a separate limitation stating that nothing in the repair-rights part applies to IT equipment intended for critical infrastructure use. The bill includes a safety clause, indicating legislative intent for immediate effect if enacted.
Impact
The bill would amend Colorado Revised Statutes section 6-1-1502 to exclude information technology equipment intended for critical infrastructure from the definition of digital electronic equipment, and it would add a new limitation in section 6-1-1504 making the Consumer Repair Bill of Rights Act inapplicable to that equipment. This would reduce the scope of Colorado’s right-to-repair protections for a subset of devices used in essential systems, potentially affecting manufacturers, owners, operators, and repair providers serving utilities, communications, transportation, public safety, and other critical sectors.
Sentiment
The available legislative context suggests the bill was treated as a targeted exemption rather than a broad overhaul of repair law. Its introduction and sponsorship indicate support from lawmakers concerned about security and operational risks associated with critical infrastructure equipment. However, the bill did not advance out of the House Committee on State, Civic, Military, & Veterans Affairs and was postponed indefinitely, suggesting limited consensus or insufficient support at that stage.
Contention
The main point of contention is the balance between right-to-repair access and protection of critical systems. Supporters likely view the exemption as necessary to avoid security vulnerabilities, operational disruptions, and risks to public safety in sensitive infrastructure. Opponents or skeptics may be concerned that the carveout weakens consumer repair rights, creates a broad exception that could be difficult to administer, or allows manufacturers to limit repair access for equipment that is only indirectly related to critical infrastructure. The lack of recorded votes or transcripts limits the ability to identify specific arguments or named opponents.