AB 2247: Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible data collection interface.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-01
Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department, among other things, to issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws.
This bill would require, as part of the hazardous waste control laws, the department to contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2026, a publicly accessible data collection interface to collect information about perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing intentionally added PFAS. The bill would require, on or before July 1, 2026, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing intentionally added PFAS, and specified other information, on the publicly accessible data collection interface. The bill would specify that the above requirements do not apply to certain products regulated by the United States Food and Drug Administration or products intended for certain animal uses that are regulated under certain federal laws.
Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department, among other things, to issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws.
This bill would require, as part of the hazardous waste control laws, the department to work with the Interstate Chemicals Clearinghouse contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2025, 2026, a publicly accessible data collection interface to collect information about perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing intentionally added PFAS. The bill would require, on or before July 1, 2025, 2026, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing intentionally added PFAS, and specified other information, on the publicly accessible data collection interface. The bill would require, on or before July 1, 2026, and annually thereafter, a manufacturer of a complex article, as defined, containing intentionally added PFAS or a product component containing intentionally added PFAS to register the complex article and other information on the publicly accessible data collection interface. The bill would specify that the above requirements do not apply to certain products regulated by the United States Food and Drug Administration or products intended for certain animal uses that are regulated under certain federal laws.
Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department, among other things, to issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws. A violation of the hazardous waste control laws is a crime.
This bill would require, as part of the hazardous waste control laws, the department to work with the Interstate Chemicals Clearinghouse to establish, on or before Clearinghouse to implement, by January 1, 2025, a publicly accessible reporting platform data collection interface to collect information about perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing intentionally added PFAS, as defined, being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. PFAS. The bill would require, on or before July 1, 2025, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing intentionally added PFAS that that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing intentionally added PFAS, and specified other information, on the publicly accessible reporting platform. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. data collection interface. The bill would require, on or before July 1, 2026, and annually thereafter, a manufacturer of a complex article, as defined, containing intentionally added PFAS or a product component containing intentionally added PFAS to register the complex article and other information on the publicly accessible data collection interface. The bill would specify that the above requirements do not apply to certain products regulated by the United States Food and Drug Administration or products intended for certain animal uses that are regulated under certain federal laws.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department, among other things, to issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws. A violation of the hazardous waste control laws is a crime.
This bill would require, as part of the hazardous waste control laws, the department to work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, 2025, a publicly accessible reporting platform to collect information about perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing regulated intentionally added PFAS, as defined, being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. The bill would require, on or before July 1, 2024, 2025, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing regulated intentionally added PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing regulated intentionally added PFAS, and specified other information, on the publicly accessible reporting platform. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department, among other things, to issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws. A violation of the hazardous waste control laws is a crime.
This bill would require, as part of the hazardous waste control laws, the department to work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS perfluoroalkyl and polyfluoroalkyl substances (PFAS) and products or product components containing regulated PFAS, as defined, being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. The bill would require, on or before March July 1, 2024, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing regulated PFAS, and specified other information, on the publicly accessible reporting platform. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any of several specified intentionally added ingredients, including perfluoroalkyl and polyfluoroalkyl substances (PFAS), except under specified circumstances. Existing law, beginning January 1, 2023, prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated PFAS. provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department, among other things, to issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws. A violation of the hazardous waste control laws is a crime.
This bill would require require, as part of the hazardous waste control laws, the Department of Toxic Substances Control department to work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS, as defined, being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. The bill would require, on or before March 1, 2024, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing regulated PFAS, and specified other information, on the publicly accessible reporting platform. The bill would authorize specified enforcement agencies to request a certificate of compliance from a manufacturer subject to these requirements and would require the manufacturer to provide, within 30 days, a certificate attesting that the manufacturers PFAS or product or product component containing PFAS complies with these requirements. The bill would subject a manufacturer who violates this requirement to civil penalties not to exceed $2,500 per day, up to a maximum of $100,000 for each violation. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
This bill would authorize the department to establish by regulation a fee to be paid by a manufacturer subject to these requirements to cover the departments actual and reasonable regulatory costs to administer, implement, and enforce the requirements, including to establish and maintain the publicly accessible database and make the database available to other state and local agencies and the public. The bill would require the fees to be deposited into the PFAS Disclosure Fund, which the bill would create, and require that, upon appropriation by the Legislature, moneys in the fund be used for these purposes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any of several specified intentionally added ingredients, including perfluoroalkyl and polyfluoroalkyl substances (PFAS), except under specified circumstances. Existing law, beginning January 1, 2023, prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated PFAS.
This bill would require the Department of Toxic Substances Control to work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS, as defined, being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. The bill would require, on or before March 1, 2024, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing regulated PFAS, and specified other information, on the publicly accessible reporting platform. The bill would authorize specified enforcement agencies to request a certificate of compliance from a manufacturer subject to these requirements and would require the manufacturer to provide, within 30 days, a certificate attesting that the manufacturers PFAS or product or product component containing PFAS complies with these requirements. The bill would subject a manufacturer who violates this requirement to civil penalties not to exceed $2,500 per day, up to a maximum of $100,000 for each violation.
This bill would authorize the department to establish by regulation a fee to be paid by a manufacturer subject to these requirements to cover the departments actual and reasonable regulatory costs to administer, implement, and enforce the requirements, including to establish and maintain the publicly accessible database and make the database available to other state and local agencies and the public. The bill would require the fees to be deposited into the PFAS Disclosure Fund, which the bill would create, and require that, upon appropriation by the Legislature, moneys in the fund be used for these purposes.
The Legislature finds and declares all of the following:
(a)The contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant and urgent threat to the environment of the state and to the health of its citizens.
(b)PFAS continue to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c)Without accurate and timely data on how and how much PFAS are entering the state in any form, state regulators and local public agencies, including wastewater facility operators, are unable to expeditiously develop and implement best practices or set discharge limits that will protect human health and the environment.
(d)Without accurate and timely data on how and how much PFAS are entering the state in any form, the Legislature is hampered in understanding the full scope of PFAS sources and the product sectors on which to focus in order to support policy decisions regarding uses of PFAS or their entry into the environment and California public.
(e)Without accurate and timely data on how and how much PFAS are entering the state for industrial or commercial uses, businesses working to avoid PFAS exposure in their workers or in their products in order to meet environmental and health standards struggle to swiftly identify sources within their facilities.
(f)To characterize the real and urgent threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them in an expeditious manner, it is imperative to collect, and make available to the public, timely information regarding how PFAS enter the state, whether as PFAS themselves or in consumer and industrial products, as well as the amount of PFAS coming into the state.
(g)Requiring the prompt disclosure of the use of PFAS in products and product components is in the best interests of the state and requires the states urgent attention and action.
(h)The Interstate Chemicals Clearinghouse (IC2) is an association of state, local, and tribal governments that promotes a clean environment, healthy communities, and a vital economy through the development and use of safer chemicals and products. The IC2s High Priority Chemicals Data System (HPCDS) is an existing, online platform that supports the reporting of information on the presence of chemicals of concern in products as required by the Oregon Toxic-Free Kids Act (Sections 431A.253 to 431A.280, inclusive, of Chapter 431A of Title 36 of Volume 12 of the Oregon Revised Statutes) and the State of Washingtons Childrens Safe Products Act (Chapter 70A.430 (commencing with Section 70A.430.010) of Title 70A of the Revised Code of Washington). California is a member of IC2.
25258.1.For purposes of this article, the following terms have the following meanings:
(a)Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS means PFAS that a manufacturer has intentionally added to a product, a products components, or a products ingredients and that have a functional or technical effect in the product, the products components, or the products ingredients. Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS also includes the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, the products components, or the products ingredients.
(b)(1)Manufacturer means any of the following:
(A)A person or entity who manufactures PFAS or imports PFAS into the state.
(B)A person or entity who manufactures a product or product component containing intentionally added PFAS or imports a product or product component containing intentionally added PFAS into the state, or whose name appears on the product label.
(C)A person or entity for whom the PFAS or product or product component containing intentionally added PFAS is manufactured or distributed, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2)In the case of a product or product component containing intentionally added PFAS that is imported into the United States, manufacturer includes the importer or first domestic distributor of the product in the state if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the state.
(3)If two or more entities qualify as a manufacturer of the same PFAS-containing product or its components, only one entity may be responsible for the reporting requirement under Section 25258.2. The entities may determine which entity will provide the required information for the product or its components. Incorrect information reported by the reporting entity does not satisfy the nonreporting entitys obligation to report under Section 25258.2.
(4)Manufacturer does not include a state agency, as defined in Section 46025, or a local agency, as defined in subdivision (c) of Section 66000 of the Government Code.
(c)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d)Product means an item, including its product components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(e)Product component means a component of a product, including the products ingredients or a part of the product.
25258.2.(a)(1)The department shall contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2026, a publicly accessible data collection interface that manufacturers shall use to report data as required by this section.
(2)The department may enter into any necessary contracts to implement the purposes of this article.
(3)Notwithstanding any other law, the contracts entered into pursuant to this article are exempt from Section 11546 of, and Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of, the Government Code, and Section 10295 of, Article 4 (commencing with Section 10335) of Chapter 2 of, and Chapter 3 (commencing with Section 12100) of, Part 2 of Division 2 of, the Public Contract Code, and any policies, procedures, standards, oversight, guidelines, and regulations authorized by those laws.
(4)To the extent reasonable and feasible, the data collection interface shall streamline and facilitate data reporting required by this section with similar data reporting required by other states and jurisdictions.
(b)The department may adopt any regulations necessary to implement the requirements of this article.
(c)The department may provide technical assistance to manufacturers in complying with this article.
(d)The department may use regulations adopted pursuant to subdivision (b) or technical assistance provided pursuant to subdivision (c) to clarify the reporting requirements or to ensure that the data collected are not duplicative among the reporting entities.
(e)On or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible data collection interface implemented pursuant to subdivision (a), along with all of the following information, as applicable:
(1)The name and type of product or product component containing intentionally added PFAS.
(2)The universal product code, or UPC, of the product or product component containing intentionally added PFAS.
(3)The purpose or function for which the intentionally added PFAS are used in the product or product component.
(4)The identity and amount of all PFAS compounds in the product or product component containing intentionally added PFAS, reported as follows:
(A)The identity shall be reported as follows:
(i)The specific name and the Chemical Abstracts Service Registry Number, also known as a CAS Registry Number or CAS RN, of each PFAS compound, if both are known.
(ii)The specific name or the CAS RN if only one is known.
(iii)The brand name of the formulation that contains PFAS and the name of the formulation manufacturer, if neither the specific name nor CAS RN is known.
(B)The amount or weight of PFAS shall be reported as follows:
(i)The amount or weight of each intentionally added PFAS compound, if known.
(ii)The total organic fluorine in the product or product component containing intentionally added PFAS, if the amount or weight of each intentionally added PFAs compound is not known.
(5)The amount of the product or the product component or the numbers of products or product components sold, delivered, or imported into the state in the prior calendar year.
(6)The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
25258.3.(a)Except as provided in subdivision (b), a violation of this article is subject to all civil penalties and other enforcement provisions specified in Article 8 (commencing with Section 25180).
(b)A violation of this article is not subject to any criminal penalty specified in Article 8 (commencing with Section 25180).
25258.4.This article does not apply to any of the following:
(a)A product regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration.
(b)A medical equipment or product used in medical settings that is regulated by the United States Food and Drug Administration.
(c)A product intended for animals that is regulated as animal drugs, biologics, parasiticides, medical devices, and diagnostics used to treat or are administered to animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
The Legislature finds and declares all of the following:
(a)The contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant and urgent threat to the environment of the state and to the health of its citizens.
(b)PFAS continue to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c)Without accurate and timely data on how and how much PFAS are entering the state in any form, state regulators and local public agencies, including wastewater facility operators, are unable to expeditiously develop and implement best practices or set discharge limits that will protect human health and the environment.
(d)Without accurate and timely data on how and how much PFAS are entering the state in any form, the Legislature is hampered in understanding the full scope of PFAS sources and the product sectors on which to focus in order to support policy decisions regarding uses of PFAS or their entry into the environment and California public.
(e)Without accurate and timely data on how and how much PFAS are entering the state for industrial or commercial uses, businesses working to avoid PFAS exposure in their workers or in their products in order to meet environmental and health standards struggle to swiftly identify sources within their facilities.
(f)To characterize the real and urgent threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them in an expeditious manner, it is imperative to collect, and make available to the public, timely information regarding how PFAS enter the state, whether as PFAS themselves or in consumer and industrial products, as well as the amount of PFAS coming into the state.
(g)Requiring the prompt disclosure of the use of PFAS in products and product components is in the best interests of the state and requires the states urgent attention and action.
(h)The Interstate Chemicals Clearinghouse (IC2) is an association of state, local, and tribal governments that promotes a clean environment, healthy communities, and a vital economy through the development and use of safer chemicals and products. The IC2s High Priority Chemicals Data System (HPCDS) is an existing, online platform that supports the reporting of information on the presence of chemicals of concern in products. products as required by the Oregon Toxic-Free Kids Act (Sections 431A.253 to 431A.280, inclusive, of Chapter 431A of Title 36 of Volume 12 of the Oregon Revised Statutes) and the State of Washingtons Childrens Safe Products Act (Chapter 70A.430 (commencing with Section 70A.430.010) of Title 70A of the Revised Code of Washington). California is a member of IC2. California and other member states, such as Oregon and Washington, use the IC2s reporting platform.
25258.1.For purposes of this article, the following terms have the following meanings:
(a)Complex article means an electronic or mechanical device composed of multiple manufactured components, with an intended useful life of three or more years, and the product is typically not consumed, destroyed, or discarded after a single use.(b)(a)Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS means PFAS that a manufacturer has intentionally added to a product, a products components, or a products ingredients and that have a functional or technical effect in the product, the products components, or the products ingredients. Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS also includes the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, the products components, or the products ingredients.
(c)(b)(1)Manufacturer means any of the following:
(A)A person or entity who manufactures PFAS or imports PFAS into the state.
(B)A person or entity who manufactures a product or product component containing intentionally added PFAS or imports a product or product component containing intentionally added PFAS into the state, or whose name appears on the product label.
(C)A person or entity for whom the PFAS or product or product component containing intentionally added PFAS is manufactured or distributed, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2)In the case of a product or product component containing intentionally added PFAS that is imported into the United States, manufacturer includes the importer or first domestic distributor of the product in the state if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the state.
(3)If two or more entities qualify as a manufacturer of the same PFAS-containing product, product or its components, only one entity shall may be responsible for the reporting requirement under Section 25258.2. The entities may determine which entity will provide the required information for the product. product or its components. Incorrect information reported by the reporting entity does not satisfy the nonreporting entitys obligation to report under Section 25258.2.
(4)Manufacturer does not include a state agency, as defined in Section 46025, or a local agency, as defined in subdivision (c) of Section 66000 of the Government Code.
(d)(c)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(e)(d)Product means an item, including its product components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(f)(e)Product component means a component of a product, including the products ingredients or a part of the product.
25258.2.(a)(1)The department shall work with the Interstate Chemicals Clearinghouse contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2025, 2026, a publicly accessible data collection interface that manufacturers shall use to report data as required by this section. To expedite implementation of the interface, the interface shall use the Interstate Chemicals Clearinghouses High Priority Chemicals Data System platform in existence as of January 1, 2023.
(2)The department may enter into any necessary contracts to implement the purposes of this article.
(3)Notwithstanding any other law, the contracts entered into pursuant to this article are exempt from Section 11546 of, and Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of, the Government Code, and Section 10295 of, Article 4 (commencing with Section 10335) of Chapter 2 of, and Chapter 3 (commencing with Section 12100) of, Part 2 of Division 2 of, the Public Contract Code, and any policies, procedures, standards, oversight, guidelines, and regulations authorized by those laws.
(4)To the extent reasonable and feasible, the data collection interface shall streamline and facilitate data reporting required by this section with similar data reporting required by other states and jurisdictions.
(b)The department may adopt any regulations necessary to implement the requirements of this article.
(c)The department may provide technical assistance to manufacturers in complying with this article.
(d)The department may use regulations adopted pursuant to subdivision (b) or technical assistance provided pursuant to subdivision (c) to clarify the reporting requirements or to ensure that the data collected are not duplicative among the reporting entities.
(b)Except as provided in subdivision (c), on(e)On or before July 1, 2025, 2026, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible data collection interface implemented pursuant to subdivision (a), along with all of the following information, as applicable:
(1)The name and type of product or product component containing intentionally added PFAS.
(2)The universal product code, or UPC, of the product or product component containing intentionally added PFAS.
(3)How the PFAS are, or the product or product component containing intentionally added PFAS is, used by businesses or consumers.(4)(A)The specific names of all PFAS compounds in the product or product component containing intentionally added PFAS and the(3)The purpose or function for which the intentionally added PFAS are used in the product or product component.
(4)The identity and amount of all PFAS compounds in the product or product component containing intentionally added PFAS, reported as follows:
(A)The identity shall be reported as follows:
(i)The specific name and the Chemical Abstracts Service Registry Number, also known as a CAS Registry Number or CAS RN, of each PFAS compound. compound, if both are known.
(B)If the CAS RN is not available, the amount or weight of PFAS measured as total organic fluorine in the product or product component containing intentionally added PFAS per individual analyte.(ii)The specific name or the CAS RN if only one is known.
(iii)The brand name of the formulation that contains PFAS and the name of the formulation manufacturer, if neither the specific name nor CAS RN is known.
(B)The amount or weight of PFAS shall be reported as follows:
(i)The amount or weight of each intentionally added PFAS compound, if known.
(ii)The total organic fluorine in the product or product component containing intentionally added PFAS, if the amount or weight of each intentionally added PFAs compound is not known.
(5)The amount of the product or the product component or the numbers of products or product components sold, delivered, or imported into the state in the prior calendar year.
(6)The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
(c)On or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of a complex article containing intentionally added PFAS or a product component containing intentionally added PFAS shall register the complex article containing intentionally added PFAS or a product component containing intentionally added PFAS on the publicly accessible data collection interface implemented pursuant to subdivision (a) along with the information specified in subdivision (b).25258.3.(a)Except as provided in subdivision (b), a violation of this article is subject to all civil penalties and other enforcement provisions specified in Article 8 (commencing with Section 25180).
(b)A violation of this article is not subject to any criminal penalty specified in Article 8 (commencing with Section 25180).
25258.4.This article does not apply to any of the following:
(a)A product regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration.
(b)A medical equipment or product used in medical settings that is regulated by the United States Food and Drug Administration.
(c)A product intended for animals that is regulated as animal drugs, biologics, parasiticides, medical devices, and diagnostics used to treat or are administered to animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
The Legislature finds and declares all of the following:
(a)Contamination The contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant and urgent threat to the environment of the state and to the health of its citizens.
(b)PFAS continue to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c)Without accurate and timely data on how and how much PFAS are entering the state in any form, state regulators and local public agencies, including wastewater facility operators, are unable to expeditiously develop and implement best practices or set discharge limits that will protect human health and the environment.
(d)Without accurate and timely data on how and how much PFAS are entering the state in any form, the Legislature is hampered in understanding the full scope of PFAS sources and the product sectors on which to focus in order to restrict PFAS use support policy decisions regarding uses of PFAS or their entry into the environment and California public.
(e)Without accurate and timely data on how and how much PFAS are entering the state for industrial or commercial uses, businesses working to avoid PFAS exposure in their workers or in their products in order to meet environmental and health standards struggle to swiftly identify sources within their facilities.
(f)To characterize the real and urgent threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them, them in an expeditious manner, it is imperative to collect, and make available to the public, timely information regarding how PFAS enter the state, whether as PFAS themselves or in consumer and industrial products, as well as the amount of PFAS coming into the state.
(g)Requiring the prompt disclosure of the use of PFAS in products and product components is in the best interests of the state. state and requires the states urgent attention and action.
(h)The Interstate Chemicals Clearinghouse (IC2) is an association of state, local, and tribal governments that promotes a clean environment, healthy communities, and a vital economy through the development and use of safer chemicals and products. The IC2s High Priority Chemicals Data System (HPCDS) is an existing, online platform that supports the reporting of information on the presence of chemicals of concern in products. California is a member of IC2. California and other member states, such as Oregon and Washington, use the IC2s reporting platform.
25258.1.For purposes of this article, the following terms have the following meanings:
(a)Complex article means an electronic or mechanical device composed of multiple manufactured components, with an intended useful life of three or more years, and the product is typically not consumed, destroyed, or discarded after a single use.
(a)(b)Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS means PFAS that a manufacturer has intentionally added to a product, a products components, or a products ingredients and that have a functional or technical effect in the product, the products components, or the products ingredients. Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS also includes the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, the products components, or the products ingredients.
(b)(c)(1)Manufacturer means any of the following:
(A)A person or entity who manufactures PFAS or imports PFAS into the state.
(B)A person or entity who manufactures a product or product component containing intentionally added PFAS or imports a product or product component containing intentionally added PFAS into the state, or whose name appears on the product label.
(C)A person or entity for whom the PFAS or product or product component containing intentionally added PFAS is manufactured or distributed, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2)In the case of a product or product component containing intentionally added PFAS that is imported into the United States, manufacturer includes the importer or first domestic distributor of the product in the state if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the United States. state.
(3)If two or more entities qualify as a manufacturer of the same PFAS-containing product, only one entity shall be responsible for the reporting requirement under Section 25258.2. The entities may determine which entity will provide the required information for the product. Incorrect information reported by the reporting entity does not satisfy the nonreporting entitys obligation to report under Section 25258.2.
(3)(4)Manufacturer does not include a state agency, as defined in Section 46025, or a local agency, as defined in subdivision (c) of Section 66000 of the Government Code.
(c)(d)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d)(e)Product means an item, including its product components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(e)(f)Product component means a component of a product, including the products ingredients or a part of the product.
25258.2.(a)The department shall work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2025, a publicly accessible reporting platform to collect information about PFAS and products or product components containing intentionally added PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state. implement, by January 1, 2025, a publicly accessible data collection interface that manufacturers shall use to report data as required by this section. To expedite implementation of the interface, the interface shall use the Interstate Chemicals Clearinghouses High Priority Chemicals Data System platform in existence as of January 1, 2023.
(b)On Except as provided in subdivision (c), on or before July 1, 2025, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible reporting platform created data collection interface implemented pursuant to subdivision (a), along with all of the following information, as applicable:
(1)The name and type of product or product component containing intentionally added PFAS.
(2)The universal product code, or UPC, of the product or product component containing intentionally added PFAS.
(3)How the PFAS are, or the product or product component containing intentionally added PFAS is, used by businesses or consumers.
(4)(A)The specific names of all PFAS compounds in the product or product component containing intentionally added PFAS and the Chemical Abstracts Service Registry Number, also known as a CAS Registry Number or CAS RN, of each PFAS compound.
(B)If the CAS RN is not available, the amount or weight of PFAS measured as total organic fluorine in the product or product component containing intentionally added PFAS per individual analyte.
(5)The amount of the product or the product component or the numbers of products or product components sold, delivered, or imported into the state. state in the prior calendar year.
(6)The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
(c)On or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of a complex article containing intentionally added PFAS or a product component containing intentionally added PFAS shall register the complex article containing intentionally added PFAS or a product component containing intentionally added PFAS on the publicly accessible data collection interface implemented pursuant to subdivision (a) along with the information specified in subdivision (b).
25258.3.(a)Except as provided in subdivision (b), a violation of this article is subject to all civil penalties and other enforcement provisions specified in Article 8 (commencing with Section 25180).
(b)A violation of this article is not subject to any criminal penalty specified in Article 8 (commencing with Section 25180).
25258.4.This article does not apply to any of the following:
(a)A product regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration.
(b)A medical equipment or product used in medical settings that is regulated by the United States Food and Drug Administration.
(c)A product intended for animals that is regulated as animal drugs, biologics, parasiticides, medical devices, and diagnostics used to treat or are administered to animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.The Legislature finds and declares all of the following:
(a)Contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant threat to the environment of the state and to the health of its citizens.
(b)PFAS continue to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c)Without accurate data on how and how much PFAS are entering the state in any form, state regulators and local public agencies, including wastewater facility operators, are unable to develop and implement best practices or set discharge limits that will protect human health and the environment.
(d)Without accurate data on how and how much PFAS are entering the state in any form, the Legislature is hampered in understanding the full scope of PFAS sources and the product sectors on which to focus in order to restrict PFAS use or their entry into the environment and California public.
(e)Without accurate data on how and how much PFAS are entering the state for industrial or commercial uses, businesses working to avoid PFAS exposure in their workers or in their products in order to meet environmental and health standards struggle to identify sources within their facilities.
(f)To characterize the real threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them, it is imperative to collect, and make available to the public, information regarding how PFAS enter the state, whether as PFAS themselves or in consumer and industrial products, as well as the amount of PFAS coming into the state.
(g)Requiring the disclosure of the use of PFAS in products and product components is in the best interests of the state.
25258.1.For purposes of this article, the following terms have the following meanings:
(a)Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS means PFAS that a manufacturer has intentionally added to a product, a products components, or a products ingredients and that have a functional or technical effect in the product, the products components, or the products ingredients. Intentionally added perfluoroalkyl and polyfluoroalkyl substances or intentionally added PFAS also includes the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, the products components, or the products ingredients.
(a)(b)(1)Manufacturer means any of the following:
(A)A person or entity who manufactures PFAS or imports PFAS into the state.
(B)A person or entity who manufactures a product or product component containing regulated intentionally added PFAS or imports a product or product component containing regulated intentionally added PFAS into the state, or whose name appears on the product label.
(C)A person or entity for whom the PFAS or product or product component containing regulated intentionally added PFAS is manufactured or distributed, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2)In the case of a product or product component containing regulated intentionally added PFAS that is imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the United States.
(3)Manufacturer does not include a state agency, as defined in Section 46025, or a local agency, as defined in subdivision (c) of Section 66000 of the Government Code.
(b)(c)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(c)Regulated perfluoroalkyl and polyfluoroalkyl substances or regulated PFAS means either of the following:(1)PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.(2)The presence of PFAS, as measured in total organic fluorine, in a product or product component at or above the limit of quantification.(d)Product means an item, including its product components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(e)Product component means a component of a product, including the products ingredients or a part of the product.
25258.2.(a)The department shall work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, 2025, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated intentionally added PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.
(b)On or before July 1, 2024, 2025, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing regulated intentionally added PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state shall register the PFAS or the product or product component containing regulated intentionally added PFAS on the publicly accessible reporting platform created pursuant to subdivision (a), along with all of the following information, as applicable:
(1)The name and type of product or product component containing regulated intentionally added PFAS.
(2)The universal product code, or UPC, of the product or product component containing regulated intentionally added PFAS.
(3)How the PFAS are, or the product or product component containing regulated intentionally added PFAS is, used by businesses or consumers.
(4)(A)The specific names of all PFAS compounds in the product or product component containing regulated intentionally added PFAS and the Chemical Abstracts Service Registry Number, also known as a CAS Registry Number or CAS RN, of each PFAS compound.
(B)If the CAS RN is not available, the amount or weight of PFAS measured as total organic fluorine in the product or product component containing regulated intentionally added PFAS per individual analyte.
(5)The amount of the product or the product component or the numbers of products or product components sold, delivered, or imported into the state.
(6)The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant threat to the environment of the state and to the health of its citizens.
(b)PFAS continue to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c)Without accurate data on how and how much PFAS are entering the state in any form, state regulators and local public agencies, including wastewater facility operators, are unable to develop and implement best practices or set discharge limits that will protect human health and the environment.
(d)Without accurate data on how and how much PFAS are entering the state in any form, the Legislature is hampered in understanding the full scope of PFAS sources and the product sectors on which to focus in order to restrict PFAS use or their entry into the environment and California public.
(e)Without accurate data on how and how much PFAS are entering the state for industrial or commercial uses, businesses working to avoid PFAS exposure in their workers or in their products in order to meet environmental and health standards struggle to identify sources within their facilities.
(d)(f)To characterize the real threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them, it is imperative to collect, and make available to the public, information regarding how PFAS enter the state, whether as PFAS themselves or in consumer and industrial products, as well as the amount of PFAS coming into the state.
(e)(g)Requiring the disclosure of the use of PFAS in products and product components is in the best interests of the state.
25258.1.For purposes of this article, the following terms have the following meanings:
(a)(1)Manufacturer means any of the following:
(A)A person or entity who manufactures PFAS or imports PFAS into the state.
(B)A person or entity who manufactures a product or product component containing regulated PFAS or imports a product or product component containing regulated PFAS into the state, or whose name appears on the product label.
(C)A person or entity for whom the PFAS or product or product component containing regulated PFAS is manufactured or distributed, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2)In the case of a product or product component containing regulated PFAS that is imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the United States.
(3)Manufacturer does not include a state agency, as defined in Section 46025, or a local agency, as defined in subdivision (c) of Section 66000 of the Government Code.
(b)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(c)Regulated perfluoroalkyl and polyfluoroalkyl substances or regulated PFAS means either of the following:
(1)PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(2)The presence of PFAS, as measured in total organic fluorine, in a product or product component at or above the limit of quantification.
(d)Product means an item, including its product components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(e)Product component means a component of a product, including the products ingredients or a part of the product.
25258.2.(a)The department shall work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.
(b)On or before March July 1, 2024, and on or before March July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state must shall register the PFAS or the product or product component containing regulated PFAS on the publicly accessible reporting platform created pursuant to subdivision (a), along with all of the following information, as applicable:
(1)The name and type of product or product component containing regulated PFAS.
(2)The universal product code, or UPC, of the product or product component containing regulated PFAS.
(3)How the PFAS are, or the product or product component containing regulated PFAS is, used by businesses or consumers.
(4)(A)The specific names of all PFAS compounds in the product or product component containing regulated PFAS and the Chemical Abstracts Service Registry Number, also known as a CAS Registry Number or CAS RN, of each PFAS compound.
(5)The amount or weight of PFAS, as measured by total organic fluorine, in the product or product component containing regulated PFAS per individual analyte.(B)If the CAS RN is not available, the amount or weight of PFAS measured as total organic fluorine in the product or product component containing regulated PFAS per individual analyte.
(6)(5)The amount of the product or the product component or the numbers of products or product components sold, delivered, or imported into the state.
(7)The anticipated fate and transport in humans and the environment of the PFAS or PFAS in a product or product component containing regulated PFAS.(8)(6)The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant threat to the environment of the state and to the health of its citizens.
(b)PFAS continues continue to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c)Without accurate data on how and how much PFAS is are entering the state in any form, state regulators and water local public agencies, including wastewater facilities, facility operators, are unable to ensure develop and implement best practices or set discharge limits that will protect human health and the environment.
(d)To characterize the real threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them, it is imperative to collect collect, and make available to the public, information regarding how PFAS enters enter the state, whether as PFAS itself themselves or in consumer and industrial products, as well as the amounts amount of PFAS coming into the state.
(e)Requiring the disclosure of the use of PFAS in products and product components is in the best interests of the state.
109021. 25258.1.For purposes of this chapter, article, the following terms have the following meanings:
(a)Department means the Department of Toxic Substances Control. (b)(a)(1)Manufacturer means any of the following:
(A)A person or entity who manufactures PFAS or imports PFAS into the state.
(B)A person or entity who manufactures a product or product component containing regulated PFAS or imports a product or product component containing regulated PFAS into the state, or whose name appears on the product label.
(C)A person or entity who for whom the PFAS or product or product component containing regulated PFAS is manufactured for or distributed by, or distributed, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2)In the case of a product or product component containing regulated PFAS that is imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the United States.
(3)Manufacturer does not include a water, wastewater, stormwater, or recycled water utility in the state. state agency, as defined in Section 46025, or a local agency, as defined in subdivision (c) of Section 66000 of the Government Code.
(c)(b)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d)(c)Regulated perfluoroalkyl and polyfluoroalkyl substances or regulated PFAS means either of the following:
(1)PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(2)The presence of PFAS, as measured in total organic fluorine, in a product or product component at or above the limit of quantification.
(e)(d)Product means an item, including its product components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(f)(e)Product component means a component of a product, including the products ingredients or a part of the product.
109022. 25258.2.(a)The department shall work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.
(b)On or before March 1, 2024, and on or before March 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state must register the PFAS or the product or product component containing regulated PFAS on the publicly accessible reporting platform created pursuant to subdivision (a), along with all of the following information, as applicable:
(1)The name and type of product or product component containing regulated PFAS.
(2)The universal product code, or UPC, of the product or product component containing regulated PFAS.
(3)How the PFAS are, or the product or product component containing regulated PFAS is is, used by businesses or consumers.
(4)The specific names of all PFAS compounds in the product or product component containing regulated PFAS and the Chemical Abstracts Service Registry Number, also known as a CAS Registry Number or CAS RN, of each PFAS compound.
(5)The amount or weight of PFAS PFAS, as measured by total organic fluorine, in the product or product component containing regulated PFAS per individual analyte, with an estimate of the analyte.
(6)The amount or number of the product or the product component or the numbers of products or product components sold, delivered, or imported into the state.
(6)The amount or weight of total organic fluorine in the product or product component containing regulated PFAS per individual item.(7)The anticipated fate and transport in humans and the environment of the PFAS or PFAS in a product or product component containing regulated PFAS.
(8)The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
(c)On and after March 1, 2024, a manufacturer of new PFAS or a new product or product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state shall, in accordance with subdivision (b), register on the publicly accessible reporting platform within three months of the PFAS or the product or product component containing regulated PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.(d)(1)The department shall establish by regulation a fee to be paid by a manufacturer subject to this chapter to cover the departments actual and reasonable regulatory costs to administer, implement, and enforce this act, including to establish and maintain the publicly accessible database created pursuant to subdivision (a) and make the database available to other state and local agencies and the public. (2)A manufacturer subject to this chapter shall pay to the department the fee established pursuant to paragraph (1) in accordance with the fee schedule established by the department in regulation.(3)The department shall deposit both of the following into the PFAS Disclosure Fund, which is hereby established: (A)All fees paid to the department pursuant to paragraph (2) by manufacturers subject to this chapter.(B)Any other moneys appropriated by the Legislature to the department for purposes of this chapter. (4)(A)Upon appropriation by the Legislature, moneys in the PFAS Disclosure Fund shall be used only for the departments actual and reasonable regulatory costs in administering, implementing, and enforcing this chapter, consistent with paragraph (1).(B)Notwithstanding any other law, moneys in the PFAS Disclosure Fund shall not be loaned to, or borrowed by, any other special fund or the General Fund.109023.(a)(1) In consultation with the departments enforcement program, a district attorney, a city attorney, a county counsel, or a city prosecutor in a city or city and county having a full-time city prosecutor, or the Attorney General in the name of the people of the state, may request a certificate of compliance from a manufacturer subject to this chapter. (2)Within 30 days after receipt of the request for a certificate of compliance, the manufacturer shall provide the requestor with a certificate attesting that the manufacturers PFAS or product or product component containing regulated PFAS complies with the requirements of this chapter.(b)A manufacturer who violates this chapter may be enjoined in any court of competent jurisdiction.(c)A manufacturer who violates this chapter may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(d)In assessing the amount of a civil penalty for a violation of this chapter, a court shall consider all of the following:(1)The nature, circumstances, extent, and gravity of the violation.(2)The manufacturers past and present efforts to prevent, abate, or clean up conditions that pose or may pose a threat to the public health or safety or the environment.(3)The manufacturers ability to pay the proposed penalty.(4)The effect that the proposed penalty would have on the manufacturer and the community as a whole.(5)Whether the manufacturer took good faith measures to comply with this chapter and when these measures were taken.(6)The deterrent effect that the imposition of the penalty would have on both the manufacturer and the regulated community as a whole.(7)Any other factor that justice may require.(e)A civil action may be brought pursuant to this section by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, by a county counsel, or by a city prosecutor in a city or city and county having a full-time city prosecutor.(f)(1)A civil penalty collected pursuant to this section shall be paid to the office of the city attorney, county counsel, city prosecutor, district attorney, or Attorney General that brought the action.(2)All civil penalties collected by the Attorney General pursuant to this subdivision shall be deposited into the Unfair Competition Law Fund established pursuant to Section 17206 of the Business and Professions Code.109024.The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant threat to the environment of the state and to the health of its citizens.
(b)PFAS continues to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c)Without accurate data on how and how much PFAS is entering the state in any form, state regulators and water agencies, including wastewater facilities, are unable to ensure best practices or set discharge limits that will protect human health and the environment.
(d)To characterize the real threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them, it is imperative to collect information regarding how PFAS enters the state, whether as PFAS itself or in consumer and industrial products, as well as the amounts of PFAS coming into the state.
(e)Requiring the disclosure of the use of PFAS in products is in the best interests of the state.
109021.For purposes of this chapter, the following terms have the following meanings:
(a)Department means the Department of Toxic Substances Control.
(b)(1)Manufacturer means any of the following:
(A)A person or entity who manufactures PFAS or imports PFAS into the state.
(B)A person or entity who manufactures a product or product component containing regulated PFAS or imports a product or product component containing regulated PFAS into the state, or whose name appears on the product label.
(C)A person or entity who the PFAS or product or product component containing regulated PFAS is manufactured for or distributed by, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2)In the case of a product or product component containing regulated PFAS that is imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the United States.
(3)Manufacturer does not include a water, wastewater, stormwater, or recycled water utility in the state.
(c)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d)Regulated perfluoroalkyl and polyfluoroalkyl substances or regulated PFAS means either of the following:
(1)PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(2)The presence of PFAS, as measured in total organic fluorine, in a product or product component at or above the limit of quantification.
(e)Product means an item, including its product components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(f)Product component means a component of a product, including the products ingredients or a part of the product.
109022.(a)The department shall work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.
(b)On or before March 1, 2024, and on or before March 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state must register the PFAS or the product or product component containing regulated PFAS on the publicly accessible reporting platform created pursuant to subdivision (a), along with all of the following information, as applicable:
(1)The name and type of product or product component containing regulated PFAS.
(2)The universal product code, or UPC, of the product or product component containing regulated PFAS.
(3)How the PFAS or the product or product component containing regulated PFAS is used by businesses or consumers.
(4)The specific names of all PFAS compounds in the product or product component containing regulated PFAS and the Chemical Abstracts Service Registry Number, also known as a CAS Registry Number or CAS RN, of each PFAS compound.
(5)The amount or weight of PFAS in the product or product component containing regulated PFAS per individual analyte, with an estimate of the amount or number of the product or product component sold, delivered, or imported into the state.
(6)The amount or weight of total organic fluorine in the product or product component containing regulated PFAS per individual item.
(7)The anticipated fate and transport in humans and the environment of the PFAS or PFAS in a product or product component containing regulated PFAS.
(8)The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
(c)On and after March 1, 2024, a manufacturer of new PFAS or a new product or product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state shall, in accordance with subdivision (b), register on the publicly accessible reporting platform within three months of the PFAS or the product or product component containing regulated PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.
(d)(1)The department shall establish by regulation a fee to be paid by a manufacturer subject to this chapter to cover the departments actual and reasonable regulatory costs to administer, implement, and enforce this act, including to establish and maintain the publicly accessible database created pursuant to subdivision (a) and make the database available to other state and local agencies and the public.
(2)A manufacturer subject to this chapter shall pay to the department the fee established pursuant to paragraph (1) in accordance with the fee schedule established by the department in regulation.
(3)The department shall deposit both of the following into the PFAS Disclosure Fund, which is hereby established:
(A)All fees paid to the department pursuant to paragraph (2) by manufacturers subject to this chapter.
(B)Any other moneys appropriated by the Legislature to the department for purposes of this chapter.
(4)(A)Upon appropriation by the Legislature, moneys in the PFAS Disclosure Fund shall be used only for the departments actual and reasonable regulatory costs in administering, implementing, and enforcing this chapter, consistent with paragraph (1).
(B)Notwithstanding any other law, moneys in the PFAS Disclosure Fund shall not be loaned to, or borrowed by, any other special fund or the General Fund.
109023.(a)(1) In consultation with the departments enforcement program, a district attorney, a city attorney, a county counsel, or a city prosecutor in a city or city and county having a full-time city prosecutor, or the Attorney General in the name of the people of the state, may request a certificate of compliance from a manufacturer subject to this chapter.
(2)Within 30 days after receipt of the request for a certificate of compliance, the manufacturer shall provide the requestor with a certificate attesting that the manufacturers PFAS or product or product component containing regulated PFAS complies with the requirements of this chapter.
(b)A manufacturer who violates this chapter may be enjoined in any court of competent jurisdiction.
(c)A manufacturer who violates this chapter may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(d)In assessing the amount of a civil penalty for a violation of this chapter, a court shall consider all of the following:
(1)The nature, circumstances, extent, and gravity of the violation.
(2)The manufacturers past and present efforts to prevent, abate, or clean up conditions that pose or may pose a threat to the public health or safety or the environment.
(3)The manufacturers ability to pay the proposed penalty.
(4)The effect that the proposed penalty would have on the manufacturer and the community as a whole.
(5)Whether the manufacturer took good faith measures to comply with this chapter and when these measures were taken.
(6)The deterrent effect that the imposition of the penalty would have on both the manufacturer and the regulated community as a whole.
(7)Any other factor that justice may require.
(e)A civil action may be brought pursuant to this section by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, by a county counsel, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(f)(1)A civil penalty collected pursuant to this section shall be paid to the office of the city attorney, county counsel, city prosecutor, district attorney, or Attorney General that brought the action.
(2)All civil penalties collected by the Attorney General pursuant to this subdivision shall be deposited into the Unfair Competition Law Fund established pursuant to Section 17206 of the Business and Professions Code.
109024.The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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Date
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Status
|
|---|---|
| Sep 29, 2022 | Vetoed by Governor. |
| Sep 12, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 16.). |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 12. Page 5222.). |
| Aug 25, 2022 | Read third time and amended. Ordered to third reading. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Amend, and do pass as amended. (Ayes 4. Noes 2.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 22, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on APPR. |
| Jun 8, 2022 | Referred to Com. on E.Q. |
| May 27, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 19.) |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 4.) (May 19). |
| May 11, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 27, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (April 26). Re-referred to Com. on APPR. |
| Apr 21, 2022 | Re-referred to Com. on E.S. & T.M. |
| Apr 20, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Apr 6, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 22, 2022 | Re-referred to Com. on E.S. & T.M. |
| Mar 21, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Mar 3, 2022 | Referred to Coms. on E.S. & T.M. and JUD. |
| Feb 17, 2022 | From printer. May be heard in committee March 19. |
| Feb 16, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Aug 30, 2022 | AB 2247 Bloom Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 29, 2022 | Assembly 3rd Reading AB2247 Bloom et al. By Allen | Senate Floor |
Passed |
|
| May 26, 2022 | AB 2247 Bloom Assembly Third Reading | Assembly Floor |
Passed |
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