Colorado is Scaling Back Its Right to Repair Law for 'Critical' Tech

The Bottom Line

Colorado recently gave everyone the right to repair their own digital electronics, but this bill asks a big question: should that mandate apply to the computer servers running our power grids and water plants? SB26-090 creates a specific exemption so manufacturers don't have to hand over sensitive repair manuals and diagnostic software for equipment used in critical infrastructure. It is a classic legislative tug-of-war between open consumer access and national security.

What This Bill Actually Does

In 2024, Colorado lawmakers passed a sweeping piece of legislation that expanded the state’s Right to Repair laws to cover digital electronic equipment. That law, which officially took effect on January 1, 2026, fundamentally changed the electronics market. It mandated that tech manufacturers—from smartphone makers to enterprise server builders—could no longer withhold essential parts, specialized tools, diagnostic software, or repair manuals from consumers and independent repair shops. It was a massive victory for anyone who wants to fix their own gear rather than being forced into an expensive, manufacturer-authorized repair program. But as that law rolled out, a glaring security question emerged: what happens when that broad consumer mandate accidentally captures highly sensitive industrial equipment?

SB26-090 is designed as a targeted safety valve to answer that exact question. The bill amends the "Consumer Repair Bill of Rights Act" to explicitly exempt information technology equipment intended for use in critical infrastructure. Under this legislation, the companies that build the digital brains for power grids, telecommunications networks, water treatment facilities, and hospitals would not be legally forced to publicly share their diagnostic software or proprietary repair blueprints. The underlying logic is simple but critical: forcing the disclosure of deep-level system architecture for a municipal water supply's control servers could hand a roadmap directly to bad actors or foreign adversaries looking to exploit vulnerabilities.

To prevent tech manufacturers from using this exemption as a giant loophole to protect their lucrative repair monopolies on everyday electronics, the bill relies on a very specific, pre-existing federal definition. It defines critical infrastructure by pointing directly to the federal Patriot Act and Critical Infrastructures Protection Act (specifically 42 U.S.C. Sec. 5195c). Under that federal standard, a system is only "critical" if its destruction or incapacity would have a debilitating impact on national security, economic stability, or public health and safety. In practical terms, this establishes a clear dividing line. If a manufacturer builds a standard laptop or an office server, they still have to provide the manuals and parts so you can fix it. But if they build the specialized server routing 911 calls or managing the flow of electricity across the Rocky Mountains, that equipment is exempt.

What It Means for You

For the average Coloradan, the direct impact of this bill is entirely behind the scenes—but that is exactly where you want it to be. Every time you turn on your tap to drink clean water, flip a light switch, or drive over an electronically managed transit system, you are relying on a massive, interconnected web of critical infrastructure. This bill is fundamentally designed to keep the digital systems running those essential daily services secure. By ensuring that bad actors cannot use a state consumer protection law to demand access to sensitive system blueprints and diagnostic codes, the legislation adds a layer of cybersecurity to the utilities you rely on every single day.

If you are a tech enthusiast, a tinkerer, or a fierce advocate for the Right to Repair movement, this bill establishes an important boundary line for your rights as a consumer. You will absolutely still be able to demand replacement parts, access to software locks, and repair manuals for your personal electronics, home appliances, and even standard business electronics. Your right to fix your own stuff remains fully intact. However, if you happen to acquire surplus, heavy-duty IT equipment that was designed and intended specifically for industrial control systems or utility grids, you are out of luck. The manufacturer will be under no obligation to help you fix it, provide software updates, or sell you proprietary parts.

Ultimately, this legislation represents a critical trade-off between your absolute right to ownership and the broader community's need for safety. Consumer advocates naturally view any exemptions to right-to-repair laws with heavy skepticism. Their primary fear is "mission creep"—that manufacturers will start slapping a "critical infrastructure" label on standard, enterprise-level routers or servers just to avoid complying with the law and to force customers into expensive, authorized-only repair contracts. To protect yourself and understand the landscape, keep a close eye on how manufacturers classify their hardware. Because the bill relies on a very strict federal definition of what constitutes a "debilitating impact" on national security, the average consumer device should remain perfectly safe from this exemption.

What It Means for Your Business

If you run an independent IT repair shop, an electronics refurbishing business, or a managed service provider (MSP), this bill actively limits the types of enterprise-level hardware you can legally service without an official manufacturer partnership. When the broader right-to-repair rules for digital electronics kicked in on January 1, 2026, independent repair shops gained unprecedented, legally protected access to OEM (original equipment manufacturer) parts and diagnostic software. However, if your client roster includes utility companies, hospitals, major telecommunications providers, or government contractors, the specialized equipment they use will likely fall entirely under this critical infrastructure exemption. This means you cannot use Colorado law to compel the manufacturer to sell you the necessary repair materials for those specific systems.

For businesses that manufacture, install, or maintain industrial IT equipment, this bill serves as a major liability shield and a protection of your intellectual property. You will not have to worry about a state consumer protection law forcing you to distribute sensitive security patches, software keys, or proprietary hardware schematics to unvetted third parties. If your business operates in this high-security sector, there are a few evergreen steps you should take to adapt:

• Review Contract Language: Check your service level agreements (SLAs) with utility or government clients to ensure you clearly outline how specialized maintenance will be handled now that third-party access is restricted.
• Audit Product Classification: Do not assume all your enterprise gear is automatically exempt. Ensure your IT products genuinely meet the strict federal definition under 42 U.S.C. Sec. 5195c before you deny a right-to-repair request from a customer. General corporate servers and standard office routers will not meet this high bar.
• Update Compliance Protocols: Train your customer service and technical support teams on exactly which product lines are subject to Right to Repair mandates and which fall under the critical infrastructure carve-out.

Finally, general contractors, real estate developers building smart-grid integrated facilities, and large enterprise businesses should note that maintaining specialized, critical-tier network equipment will continue to require official vendor support contracts. Because of this exemption, you will not be able to easily hire a cheaper, third-party IT contractor to fix a specialized industrial control server if the original manufacturer legally restricts access to the parts. When budgeting for major infrastructure projects, you must factor in the ongoing cost of authorized, OEM-level maintenance contracts for the life cycle of that equipment.

Follow the Money

From a fiscal perspective, this bill is purely regulatory and does not cost the state a dime. According to the nonpartisan fiscal note, exempting a narrow, highly specific subset of information technology equipment from the Right to Repair Act will have absolutely no fiscal impact on state or local government revenues or expenditures.

Because the broader digital equipment right-to-repair law just went into effect at the start of 2026, the state’s enforcement mechanisms—primarily handled through the Attorney General's office—are already established and funded. Carving out an exemption for critical infrastructure does not require any new state resources, additional personnel, or taxpayer dollars to oversee. It simply changes the legal criteria for what the state can and cannot enforce when a consumer or independent repair shop files a complaint against a tech manufacturer.

Where This Bill Stands

SB26-090 is currently Dead. The latest official action came on 04/27/2026: House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely.

That means the bill is no longer advancing this session. In practice, measures that are postponed indefinitely or otherwise declared lost generally stay dead unless they are reintroduced in a future session.