SB 682: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-09-18
Current Status:
Failed
(2026-03-02: Stricken from file.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill bans selling or offering for sale in California certain products — cleaning products, dental floss, juvenile products, food packaging, and ski wax — if they contain intentionally added PFAS (a class of persistent fluorinated chemicals), and it phases in the same ban for cookware later. It also requires cleaning products to meet state air‑quality rules without using regulatory variances, lets the Department of Toxic Substances Control test products and request certificates of compliance from manufacturers, and exempts these products from the existing registration and fee requirement.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2028, prohibit a person from distributing, selling, or offering for sale a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would, until January 1, 2031, exempt certain components of a cleaning product from this prohibition, as specified. The bill would clarify that, on and after January 1, 2028, a cleaning product is required to comply with certain regulations adopted by the California Air Resources Board regarding volatile organic compounds in consumer products, and would prohibit the use of a regulatory variance to comply with those regulations, as specified. The bill would, on and after January 1, 2030, prohibit a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS, except for previously used products and as otherwise preempted by federal law. The bill would authorize the department, on or before January 1, 2029, to adopt regulations to carry out these provisions.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2028, prohibit a person from distributing, selling, or offering for sale a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would, until January 1, 2031, exempt certain components of a cleaning product from this prohibition, as specified. The bill would clarify that, on and after January 1, 2028, a cleaning product is required to comply with certain regulations adopted by the California Air Resources Board regarding volatile organic compounds in consumer products, and would prohibit the use of a regulatory variance to comply with those regulations, as specified. The bill would, on and after January 1, 2030, prohibit a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS, except for previously used products and as otherwise preempted by federal law. The bill would authorize the department, on or before January 1, 2029, to adopt regulations to carry out these provisions.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2028, prohibit a person from distributing, selling, or offering for sale a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would, until January 1, 2031, exempt certain components of a cleaning product from this prohibition, as specified. The bill would, on and after January 1, 2030, prohibit a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS, except for previously used products and as otherwise preempted by federal law. The bill would authorize the department, on or before January 1, 2029, to adopt regulations to carry out these provisions.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
(1)Existing
Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2028, prohibit a person from distributing, selling, or offering for sale a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would, on and after January 1, 2030, prohibit a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS, except for previously used products and as otherwise preempted by federal law. The bill would authorize the department, on or before January 1, 2029, to adopt regulations to carry out these provisions.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).(1)Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2028, prohibit a person from distributing, selling, or offering for sale a cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. This The bill would, on and after January 1, 2030, prohibit a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS, except for previously used products and as otherwise preempted by federal law. The bill would authorize the department, on or before January 1, 2029, to adopt regulations to carry out these provisions.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
(1)Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2027, 2028, prohibit a person from distributing, selling, or offering for sale a cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law.
This bill would, on and after January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contain intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.This bill would also, on and after January 1, 2035, prohibit a person from distributing, selling, or offering for sale any other product, as specified, that contains intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use and for renewing that determination. The bill would authorize a person who submits information to the department to request that the department treat that information as confidential, as specified. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.This bill would require authorize the department, on or before January 1, 2029, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the fund, upon appropriation by the Legislature, to be used to cover the departments reasonable costs of administering this act.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.(1)Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2027, prohibit a person from distributing, selling, or offering for sale a cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law.
This bill would, on and after January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contain intentionally added PFAS, PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.
This bill would also, on and after January 1, 2035, prohibit a person from distributing, selling, or offering for sale any other product, as defined, specified, that contains intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, use and for renewing that determination, and for revoking that determination. The bill would authorize a person who submits information to the department to request that the department treat that information as confidential, as specified. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.
This bill would require the department, on or before January 1, 2029, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, fund, upon appropriation by the Legislature, to be used to cover the departments reasonable costs of administering this act.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, the authority relating to registration, product testing, and administrative penalties. product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2027, prohibit a person from distributing, selling, or offering for sale a covered product that contains cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would define covered product to include cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax, as specified.
This bill would, on and after January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contain intentionally added PFAS, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.
This bill would also, on and after January 1, 2035, prohibit a person from distributing, selling, or offering for sale any other product, as defined, that contains intentionally added PFAS unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing that determination, and for revoking that determination. The bill would authorize a person who submits information to the department to request that the department treat that information as confidential, as specified. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.
This bill would require the department, on or before January 1, 2029, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the departments reasonable costs of administering this act.
This bill would require these prohibitions on covered products and products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, the authority relating to registration, product testing, and administrative penalties.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2027, prohibit a person from distributing, selling, or offering for sale a covered product that contain contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would define covered product to include cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax, as specified.
This bill would, on and after January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contains contain intentionally added PFAS, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has made a determination determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.
This bill would also, on and after January 1, 2035, prohibit a person from distributing, selling, or offering for sale any other product, as defined, that contains intentionally added PFAS unless the department has made a determination determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing that determination, and for revoking that determination. The bill would authorize a person who submits information to the department to request that the department treat that information as confidential, as specified. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.
This bill would require the department, on or before January 1, 2027, 2029, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the departments reasonable costs of administering this act.
This bill would require these prohibitions on covered products and products to be enforced by the department pursuant to the existing authority described above, including, but not limited to, the authority relating to registration, product testing, and administrative penalties.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(1)Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, beginning on and after January 1, 2027, prohibit a person from distributing, selling, or offering for sale a covered product that contain intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would define covered product to include cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax, as specified.
This bill would, beginning on and after January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contains intentionally added PFAS, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.
This bill would also, beginning on and after January 1, 2033, 2035, prohibit a person from distributing, selling, or offering for sale any other product, as defined, that contains intentionally added PFAS unless the department has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing that determination, and for revoking that determination. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.
This bill would require the department, on or before January 1, 2027, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the departments reasonable costs of administering this act.
This bill would require these prohibitions on covered products and products to be enforced by the department pursuant to the existing authority described above, including, but not limited to, the authority relating to registration, product testing, and administrative penalties.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
(1)Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, beginning January 1, 2027, prohibit a person from distributing, selling, or offering for sale a covered product that contain intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law. The bill would define covered product to include cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax, as specified.
This bill would, beginning January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contains intentionally added PFAS, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.
This bill would also, beginning January 1, 2033, prohibit a person from distributing, selling, or offering for sale any other product, as defined, that contains intentionally added PFAS unless the department has made a determination that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use, for renewing that determination, and for revoking that determination. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.
This bill would require the department, on or before January 1, 2027, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the account, upon appropriation by the Legislature, to be used to cover the departments reasonable costs of administering this act.
This bill would require these prohibitions on covered products and products to be enforced by the department pursuant to the existing authority described above, including, but not limited to, the authority relating to registration, product testing, and administrative penalties.
(2)Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1).
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)A 2028 product, as defined in Section 109030.
(c)Department means the Department of Toxic Substances Control.
SEC. 3.Section 108079 of the Health and Safety Code is amended to read:108079.(a)Except as provided in subdivision (e), on or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:
(1)The name and a description of each covered product it manufactures.
(2)The applicable registration fee.
(3)(A)A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.
(B)The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
(b)On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary.
(c)The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.
(d)On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter.
(e)(1)Subdivision (a) does not apply to a product covered pursuant to Chapter 17.5 (commencing with Section 109030).
(2)For a product covered by Chapter 17.5 (commencing with Section 109030), the department may request, and a manufacturer shall provide upon request, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2028 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)Cleaning product has the same meaning as designated product in Section 108952, except that cleaning product does not include either of the following:
(1)A battery provided with a cleaning product.
(2)A battery installed in a cleaning product by a consumer.
(c)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(d)Cookware has the same meaning as in Section 109010, but does not include inaccessible electronic components of cookware. For these purposes, an inaccessible electronic component is an electronic part or component of a cookware product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product.
(e)Department means the Department of Toxic Substances Control.
(f)(1)Food packaging means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000 or a refrigerator or other appliance used in a home or commercial setting, such as a hospital.
(g)Intentionally added PFAS means PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process, such as PFAS created as a result of fluorination of plastic.
(h)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(3)Juvenile product does not include either of the following until January 1, 2032:
(A)An off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, including a replacement part for such a vehicle.
(B)A motorcycle that is eligible for a special transportation identification device pursuant to Section 38088 of the Vehicle Code, including a replacement part for such a motorcycle.
(i)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(j)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(k)Person means an individual, firm, corporation, association, or other entity doing business in California.
(l)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(m)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.2.(a)(1)Except as provided in subdivisions (b) and (c), on and after January 1, 2028, a person shall not distribute, sell, or offer for sale in the state a 2028 product that contains intentionally added PFAS.
(2)(A)In addition to the requirement in paragraph (1), and subject to subdivision (c), a cleaning product, including a newly formulated or reformulated cleaning product, sold in the state on and after January 1, 2028, shall comply with Article 2 (commencing with Section 94507) and Article 4 (commencing with Section 94540), if applicable, of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.
(B)A cleaning product offered for sale on and after January 1, 2028, that is subject to Subchapter 8.5 (commencing with Section 94500) of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations shall comply with those regulations without using intentionally added PFAS and without the use of a variance pursuant to Section 94514 of Title 17 of the California Code of Regulations.
(b)Except as provided in subdivision (c), on and after January 1, 2030, a person shall not distribute, sell, or offer for sale in the state cookware that contains intentionally added PFAS.
(c)A prohibition described in subdivision (a) or (b) shall not apply to either of the following:
(1)A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used product.
109030.3.(a)A 2028 product that is a cleaning product does not violate subdivision (a) of Section 109030.2 if an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS but the cleaning product otherwise does not contain intentionally added PFAS.
(b)If PFAS is detected in a cleaning product and an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS, the manufacturer of a cleaning product shall have the burden of proof to demonstrate that the PFAS is either not intentionally added or solely attributable to an inaccessible electronic component or internal mechanical component of the cleaning product.
(c)For purposes of this section, both of the following definitions apply:
(1)Inaccessible electronic component is an electronic part or electronic component of a cleaning product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product, and includes parts of a product used for holding batteries regardless of whether the parts are touched when replacing those batteries.
(2)Internal mechanical component is one of the following:
(A)O-rings used to create a tight, flexible seal against liquids or gases.
(B)Gaskets used to provide a barrier or seal between surfaces to prevent leaks.
(C)Venting caps or cap liners used to enable release of gas and prevent bulging or bursting of containers.
(d)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
109030.4.On or before January 1, 2029, the department may adopt regulations to administer this chapter. The department may use any analytical test or certification authorized pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of, or subdivision (b) of, Section 108079.
109030.6.This chapter does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)A 2028 product, as defined in Section 109030.
(c)Department means the Department of Toxic Substances Control.
SEC. 3.Section 108079 of the Health and Safety Code is amended to read:108079.(a)Except as provided in subdivision (e), on or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:
(1)The name and a description of each covered product it manufactures.
(2)The applicable registration fee.
(3)(A)A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.
(B)The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
(b)On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary.
(c)The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.
(d)On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter.
(e)(1)Subdivision (a) does not apply to a product covered pursuant to Chapter 17.5 (commencing with Section 109030).
(2)For a product covered by Chapter 17.5 (commencing with Section 109030), the department may request, and a manufacturer shall provide upon request, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2028 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)Cleaning product has the same meaning as designated product in Section 108952, except that cleaning product does not include either of the following:
(1)A battery provided with a cleaning product.
(2)A battery installed in a cleaning product by a consumer.
(c)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(d)Cookware has the same meaning as in Section 109010, but does not include inaccessible electronic components of cookware. For these purposes, an inaccessible electronic component is an electronic part or component of a cookware product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product.
(e)Department means the Department of Toxic Substances Control.
(f)(1)Food packaging means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000 or a refrigerator or other appliance used in a home or commercial setting, such as a hospital.
(g)Intentionally added PFAS means PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process, such as PFAS created as a result of fluorination of plastic.
(h)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(3)Juvenile product does not include either of the following until January 1, 2032:
(A)An off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, including a replacement part for such a vehicle.
(B)A motorcycle that is eligible for a special transportation identification device pursuant to Section 38088 of the Vehicle Code, including a replacement part for such a motorcycle.
(i)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(j)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(k)Person means an individual, firm, corporation, association, or other entity doing business in California.
(l)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(m)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.2.(a)(1)Except as provided in subdivisions (b) and (c), on and after January 1, 2028, a person shall not distribute, sell, or offer for sale in the state a 2028 product that contains intentionally added PFAS.
(2)(A)In addition to the requirement in paragraph (1), and subject to subdivision (c), a cleaning product, including a newly formulated or reformulated cleaning product, sold in the state on and after January 1, 2028, shall comply with Article 2 (commencing with Section 94507) and Article 4 (commencing with Section 94540), if applicable, of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.
(B)A cleaning product offered for sale on and after January 1, 2028, that is subject to Subchapter 8.5 (commencing with Section 94500) of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations shall comply with those regulations without using intentionally added PFAS and without the use of a variance pursuant to Section 94514 of Title 17 of the California Code of Regulations.
(b)Except as provided in subdivision (c), on and after January 1, 2030, a person shall not distribute, sell, or offer for sale in the state cookware that contains intentionally added PFAS.
(c)A prohibition described in subdivision (a) or (b) shall not apply to either of the following:
(1)A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used product.
109030.3.(a)A 2028 product that is a cleaning product does not violate subdivision (a) of Section 109030.2 if an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS but the cleaning product otherwise does not contain intentionally added PFAS.
(b)If PFAS is detected in a cleaning product and an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS, the manufacturer of a cleaning product shall have the burden of proof to demonstrate that the PFAS is either not intentionally added or solely attributable to an inaccessible electronic component or internal mechanical component of the cleaning product.
(c)For purposes of this section, both of the following definitions apply:
(1)Inaccessible electronic component is an electronic part or electronic component of a cleaning product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product, and includes parts of a product used for holding batteries regardless of whether the parts are touched when replacing those batteries.
(2)Internal mechanical component is one of the following:
(A)O-rings used to create a tight, flexible seal against liquids or gases.
(B)Gaskets used to provide a barrier or seal between surfaces to prevent leaks.
(C)Venting caps or cap liners used to enable release of gas and prevent bulging or bursting of containers.
(d)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
109030.4.On or before January 1, 2029, the department may adopt regulations to administer this chapter. The department may use any analytical test or certification authorized pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of, or subdivision (b) of, Section 108079.
109030.6.This chapter does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)A 2028 product, as defined in Section 109030.
(c)Department means the Department of Toxic Substances Control.
SEC. 3.Section 108079 of the Health and Safety Code is amended to read:108079.(a)Except as provided in subdivision (e), on or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:
(1)The name and a description of each covered product it manufactures.
(2)The applicable registration fee.
(3)(A)A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.
(B)The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
(b)On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary.
(c)The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.
(d)On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter.
(e)(1)Subdivision (a) does not apply to a product covered pursuant to Chapter 17.5 (commencing with Section 109030).
(2)For a product covered by Chapter 17.5 (commencing with Section 109030), the department may request, and a manufacturer shall provide upon request, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2028 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)Cleaning product has the same meaning as designated product in Section 108952. 108952, except that cleaning product does not include either of the following:
(1)A battery provided with a cleaning product.
(2)A battery installed in a cleaning product by a consumer.
(c)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(d)Cookware has the same meaning as in Section 109010, but does not include inaccessible electronic components of cookware. For these purposes, an inaccessible electronic component is an electronic part or component of a cookware product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product.
(e)Department means the Department of Toxic Substances Control.
(f)(1)Food packaging means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000 or a refrigerator or other appliance used in a home or commercial setting, such as a hospital.
(g)Intentionally added PFAS means PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process, such as PFAS created as a result of fluorination of plastic.
(h)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(3)Juvenile product does not include either of the following until January 1, 2032:
(A)An off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, including a replacement part for such a vehicle.
(B)A motorcycle that is eligible for a special transportation identification device pursuant to Section 38088 of the Vehicle Code, including a replacement part for such a motorcycle.
(i)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(j)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(k)Person means an individual, firm, corporation, association, or other entity doing business in California.
(l)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(m)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.2.(a)Except as provided in subdivisions (b) and (c), on and after January 1, 2028, a person shall not distribute, sell, or offer for sale in the state a 2028 product that contains intentionally added PFAS.
(b)Except as provided in subdivision (c), on and after January 1, 2030, a person shall not distribute, sell, or offer for sale in the state cookware that contains intentionally added PFAS.
(c)A prohibition described in subdivision (a) or (b) shall not apply to either of the following:
(1)A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used product.
109030.3.(a)A 2028 product that is a cleaning product does not violate subdivision (a) of Section 109030.2 if an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS but the cleaning product otherwise does not contain intentionally added PFAS.
(b)If PFAS is detected in a cleaning product and an inaccessible electronic component or internal mechanical component of the cleaning product contains intentionally added PFAS, the manufacturer of a cleaning product shall have the burden of proof to demonstrate that the PFAS is either not intentionally added or solely attributable to an inaccessible electronic component or internal mechanical component of the cleaning product.
(c)For purposes of this section, both of the following definitions apply:
(1)Inaccessible electronic component is an electronic part or electronic component of a cleaning product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product, and includes parts of a product used for holding batteries regardless of whether the parts are touched when replacing those batteries.
(2)Internal mechanical component is one of the following:
(A)O-rings used to create a tight, flexible seal against liquids or gases.
(B)Gaskets used to provide a barrier or seal between surfaces to prevent leaks.
(C)Venting caps or cap liners used to enable release of gas and prevent bulging or bursting of containers.
(d)This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
109030.4.On or before January 1, 2029, the department may adopt regulations to administer this chapter.
109030.6.This chapter does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:(1)The volume of the chemical in commerce in this state.(2)The potential for exposure to the chemical in a consumer product.(3)Potential effects on sensitive subpopulations, including infants and children.(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.SEC. 3.SEC. 2.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)A 2028 product, as defined in Section 109030.
(c)Department means the Department of Toxic Substances Control.
SEC. 4.SEC. 3.Section 108079 of the Health and Safety Code is amended to read:108079.(a)Except as provided in subdivision (e), on or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:
(1)The name and a description of each covered product it manufactures.
(2)The applicable registration fee.
(3)(A)A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.
(B)The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
(b)On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary.
(c)The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.
(d)On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter.
(e)(1)Subdivision (a) does not apply to a product covered pursuant to Chapter 17.5 (commencing with Section 109030).
(2)For a product covered by Chapter 17.5 (commencing with Section 109030), the department may request, and a manufacturer shall provide upon request, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
SEC. 5.SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2028 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)Cleaning product has the same meaning as designated product in Section 108952.
(c)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(d)Cookware has the same meaning as in Section 109010. 109010, but does not include inaccessible electronic components of cookware. For these purposes, an inaccessible electronic component is an electronic part or component of a cookware product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product.
(e)Department means the Department of Toxic Substances Control.
(f)(1)Food packaging means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000. 109000 or a refrigerator or other appliance used in a home or commercial setting, such as a hospital.
(g)Intentionally added PFAS means PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process, such as PFAS created as a result of fluorination of plastic.
(h)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(3)Juvenile product does not include either of the following until January 1, 2032:
(A)An off-highway motor vehicle, as defined in Section 38012 of the Vehicle Code, including a replacement part for such a vehicle.
(B)A motorcycle that is eligible for a special transportation identification device pursuant to Section 38088 of the Vehicle Code, including a replacement part for such a motorcycle.
(i)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(j)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(k)Person means an individual, firm, corporation, association, or other entity doing business in California.
(l)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(m)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.2.(a)Except as provided in subdivisions (b) and (c), on and after January 1, 2028, a person shall not distribute, sell, or offer for sale in the state a 2028 product that contains intentionally added PFAS.
(b)Except as provided in subdivision (c), on and after January 1, 2030, a person shall not distribute, sell, or offer for sale in the state cookware that contains intentionally added PFAS.
(c)A prohibition described in subdivisions subdivision (a) or (b) shall not apply to either of the following:
(1)A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used product.
109030.4.On or before January 1, 2029, the department may adopt regulations to administer this chapter.
109030.6.This chapter does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:
(1)The volume of the chemical in commerce in this state.
(2)The potential for exposure to the chemical in a consumer product.
(3)Potential effects on sensitive subpopulations, including infants and children.
(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.
(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)A 2028 product, as defined in Section 109030.
(c)Department means the Department of Toxic Substances Control.
SEC. 4.Section 108079 of the Health and Safety Code is amended to read:108079.(a)Except as provided in subdivision (e), on or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:
(1)The name and a description of each covered product it manufactures.
(2)The applicable registration fee.
(3)(A)A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.
(B)The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
(b)On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary.
(c)The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.
(d)On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter.
(e)(1)Subdivision (a) does not apply to a product covered pursuant to Chapter 17.5 (commencing with Section 109030).
(2)For a product covered by Chapter 17.5 (commencing with Section 109030), the department may request, and a manufacturer shall provide upon request, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
SEC. 5.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2028 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)Cleaning product has the same meaning as designated product in Section 108952.
(c)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(d)Cookware has the same meaning as in Section 109010.
(e)Department means the Department of Toxic Substances Control.
(f)(1)Food packaging means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000.
(g)Intentionally added PFAS means PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process, such as PFAS created as a result of fluorination of plastic.
(h)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(i)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(j)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(k)Person means an individual, firm, corporation, association, or other entity doing business in California.
(l)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(m)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.2.(a)Except as provided in subdivision (b), subdivisions (b) and (c), on and after January 1, 2028, a person shall not distribute, sell, or offer for sale in the state a 2028 product that contains intentionally added PFAS.
(b)Except as provided in subdivision (c), on and after January 1, 2030, a person shall not distribute, sell, or offer for sale in the state cookware that contains intentionally added PFAS.
(b)(c)A prohibition described in subdivision (a) subdivisions (a) or (b) shall not apply to either of the following:
(1)A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used product.
109030.4.On or before January 1, 2029, the department may adopt regulations to administer this chapter.
109030.6.This chapter does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:
(1)The volume of the chemical in commerce in this state.
(2)The potential for exposure to the chemical in a consumer product.
(3)Potential effects on sensitive subpopulations, including infants and children.
(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.
(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)(A)A 2027 A 2028 product, as defined in Section 109030.
(B)A 2035 product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (b) of Section 109030.1.(C)A 2040 product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (c) of Section 109030.1.(c)Department means the Department of Toxic Substances Control.
SEC. 4.Section 108079 of the Health and Safety Code is amended to read:108079.(a)Except as provided in subdivision (e), on or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:
(1)The name and a description of each covered product it manufactures.
(2)The applicable registration fee.
(3)(A)A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.
(B)The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
(b)On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary.
(c)The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.
(d)On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter.
(e)(1)Subdivision (a) does not apply to a product covered pursuant to Chapter 17.5 (commencing with Section 109030).
(2)For a product covered by Chapter 17.5 (commencing with Section 109030), the department may request, and a manufacturer shall provide upon request, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
SEC. 5.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2027 2028 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)2035 product means a product other than a 2027 product or a 2040 product.(c)2040 product means any of the following:(1)Textiles used for personal protective equipment, as defined in Section 108970.(2)Textiles used for noise and vibration insulation in engine bays in the automotive industry.(3)Refrigerants used in any of the following applications:(A)Temperature refrigeration below minus 50 degrees Celsius.(B)Laboratory test and measurement equipment.(C)A refrigerated centrifuge.(4)Solvents used for any of the following applications:(A)An industrial precision cleaning fluid.(B)A cleaning fluid for use in an oxygen-enriched environment.(C)An industrial or professional use of a solvent-based debinding system in 3D printing.(D)An industrial or professional use of a smoothing agent for polymer 3D printing application.(5)A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.(6)A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.(7)A fluorinated gas used for the preservation of a cultural paper-based material.(8)A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.(9)An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry.(10)A product used in the semiconductor manufacturing process.(11)A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.(12)A fluoropolymer product used in petroleum production and mining.(13)Refrigerants used for the maintenance and refilling of installed equipment, including, but not limited to, refrigeration equipment, dehumidifiers, heat pumps, and other heating, venting, and air-conditioning products. For purposes of this paragraph, installed equipment means equipment that does not meet the definitions of new air-conditioning equipment, new chiller equipment, and new refrigeration equipment, as those terms are defined in Section 95373 of Title 17 of the California Code of Regulations.(14)Any other product intended exclusively for industrial use in a manufacturing process and that does not result in the presence of intentionally added PFAS in another product available for sale.(d)(b)Cleaning product has the same meaning as designated product in Section 108952.
(e)(c)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(f)(d)Cookware has the same meaning as in Section 109010.
(g)Currently unavoidable use means a use of PFAS that the department has determined is permissible for a limited time pursuant to subdivision (a) of Section 109030.2.(h)(e)Department means the Department of Toxic Substances Control.
(i)(f)(1)Food packaging means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000.
(j)(g)Intentionally added PFAS means either of the following:
(1)PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process. process, such as PFAS created as a result of fluorination of plastic.
(2)PFAS intentionally used or produced during a products manufacture or processing that is introduced into or onto the product and that has a functional or technical effect in the product or manufacturing process. This includes any source of PFAS with a technical or functional effect that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.(k)(h)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(l)(i)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(m)Necessary for the product to work means required for the product to perform its primary function, as determined by the department.(n)(j)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(o)(k)Person means an individual, firm, corporation, association, or other entity doing business in California.
(p)(l)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(q)Product category means a group of similar products that are used for a similar purpose and that could functionally replace each other for that purpose, as determined by the department, and does not mean variations within a product that do not affect the products primary function. For example, pants, insulation, and cookware are each a product category whereas stain-resistant pants, spray insulation, and nonstick cookware are variations of products within those product categories.(r)Reliable information means a study or evaluation that meets both the following:(1)The study or evaluation design was appropriate to the hypothesis being tested, and sufficient to support the proposition for which the study or evaluation is presented to the department.(2)The study or evaluation was published in one of the following:(A)A scientifically peer-reviewed report or other literature.(B)A report of the United States National Academies.(C)A report by an international, federal, state, or local agency that implements laws governing chemicals.(s)Safer alternative means an alternative that, in comparison with another product or product manufacturing process, has reduced adverse impacts or potential exposures to humans and the environment associated with PFAS. Alternatives include materials, processes, designs, products, or chemicals that are sufficient for achieving the desired result. For example, a safer alternative to stain-resistant sprays for avoiding stains could be the use of detergents or the use of fibers that are inherently stain resistant.(t)(m)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.1.109030.2.(a)Except as provided in subdivision (d), (b), on and after January 1, 2027, 2028, a person shall not distribute, sell, or offer for sale in the state a 2027 2028 product that contains intentionally added PFAS.
(b)Except as provided in subdivisions (a), (c), (d), and (e), on and after January 1, 2035, a person shall not distribute, sell, or offer for sale in this state a 2035 product that contains intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble.(c)Except as provided in subdivisions (d) and (e), on and after January 1, 2040, a person shall not distribute, sell, or offer for sale in this state a 2040 product that contains intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble.(d)(b)A prohibition described in subdivision (a), (b), or (c) (a) shall not apply to either of the following:
(1)A product or product category for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used product.
(e)A prohibition described in subdivisions (b) and (c) shall not apply to a product or product category for which there is an applicable determination of currently unavoidable use identified on the departments internet website pursuant to subdivision (g) of Section 109030.2.109030.2.(a)Upon a petition from the manufacturer of a product or group of manufacturers of a product or product category, the department shall review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. In making that determination, the department shall use the broadest reasonable product category when selecting the product category to which the product belongs, and shall rely on analysis and findings from a prior determination for a product category, if a prior determination exists. The department may identify exclusions from a product category. Exclusions shall be construed as narrowly as possible. The department shall find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds all the following:(1)There are no safer alternatives to PFAS that are reasonably available.(2)The function provided by PFAS in the product is necessary for the product to work.(3)The use of PFAS in the product is critical for health, safety, or the functioning of society.(b)The manufacturer or group, in its petition, shall provide all of the following:(1)Evidence that demonstrates the criteria in paragraphs (1) to (3), inclusive, of subdivision (a) are met.(2)Any additional information requested by the department to assist in making the determination.(3)Any other information that the manufacturer believes is relevant, with an explanation of the relevance.(4)The applicable application fee established pursuant to Section 109030.3.(c)A person who submits information to the department may request that the department treat that information as confidential, as provided in Article 9 (commencing with Section 69509) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations, by providing appropriate documentation supporting the request.(d)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall do all of the following:(1)Consider the information provided pursuant to subdivision (b), including relevance and significance for the product category.(2)Consider available reliable information, to the extent the department finds useful.(3)Consider bans on the sale or use of PFAS in the product or product category in another state, the United States, or other countries.(4)Provide an opportunity for public comment.(e)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall make a determination without evaluating all the criteria pursuant to subdivision (b) if the determination can be made based on fewer criteria.(f)(1)Upon finding that the use of PFAS in a product category is a currently unavoidable use, the department shall issue a determination of currently unavoidable use.(2)(A)A determination of currently unavoidable use shall expire six years after its issuance, unless otherwise provided by the department pursuant to subparagraph (B).(B)The department may approve an extension of up to three years to aid administrative needs. A subsequent renewal request shall be made within six years of a determination on the prior request for renewal.(g)A manufacturer or group may submit a petition to renew a determination of currently unavoidable use no later than 14 months before its expiration. The petition for renewal shall comply with subdivision (b) and also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS in the product or product category, including, but not limited to, published peer-reviewed papers and funding of third-party research with no financial conflict of interest. In reviewing a petition to renew, the department shall comply with subdivisions (a), (d), (e), and (h) and paragraph (1) of subdivision (f).(h)The department shall maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition specified in subdivision (b) of Section 109030.1.(i)A manufacturer or group subject to the prohibition in subdivision (b) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2030, and the department shall make a final determination on petitions on or before January 1, 2034.(j)A manufacturer or group for products subject to the prohibition in subdivision (c) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2035, and the department shall make a final determination on petitions for unavoidable use determination on or before January 1, 2039.109030.3.109030.4.(a)On or before January 1, 2029, the department shall may adopt regulations to administer this chapter.
(b)The regulations shall establish and provide for the assessment of an application fee. Moneys received from the application fee shall be deposited into the PFAS Oversight Fund, which is hereby created in the State Treasury. Moneys in the fund shall be used, upon appropriation by the Legislature, to cover the departments reasonable costs of administering this chapter. (c)The regulations shall include guidance regarding the sufficiency of reliable information when the use of reliable information is required by this chapter.109030.4.109030.6.This chapter does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
SEC. 6.The Legislature finds and declares that Section 5 of this act, which adds Section 109030.2 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is in the best interest of the public to provide limited protection of certain trade secret information in order to protect important business interests while adhering to the goals of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:
(1)The volume of the chemical in commerce in this state.
(2)The potential for exposure to the chemical in a consumer product.
(3)Potential effects on sensitive subpopulations, including infants and children.
(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.
(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)(A)A 2027 product, as defined in Section 109030.
(B)A 2035 product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (b) of Section 109030.1.
(C)A 2040 product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (c) of Section 109030.1.
(c)Department means the Department of Toxic Substances Control.
SEC. 4.Section 108079 of the Health and Safety Code is amended to read:108079.(a)On Except as provided in subdivision (e), on or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:
(1)The name and a description of each covered product it manufactures.
(2)The applicable registration fee.
(3)(A)A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction.
(B)The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
(b)On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary.
(c)The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the departments reasonable costs of implementing this chapter.
(d)On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter.
(e)(1)Subdivision (a) does not apply to a product covered pursuant to Chapter 17.5 (commencing with Section 109030).
(2)For a product covered by Chapter 17.5 (commencing with Section 109030), the department may request, and a manufacturer shall provide upon request, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the departments internet website pursuant to subdivision (b).
SEC. 4.SEC. 5.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2027 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)2035 product means a product other than a 2027 product or a 2040 product.
(c)2040 product means any of the following:
(1)Textiles used for personal protective equipment, as defined in Section 108970.
(2)Textiles used for noise and vibration insulation in engine bays in the automotive industry.
(3)Refrigerants used in any of the following applications:
(A)Temperature refrigeration below minus 50 degrees Celsius.
(B)Laboratory test and measurement equipment.
(C)A refrigerated centrifuge.
(4)Solvents used for any of the following applications:
(A)An industrial precision cleaning fluid.
(B)A cleaning fluid for use in an oxygen-enriched environment.
(C)An industrial or professional use of a solvent-based debinding system in 3D printing.
(D)An industrial or professional use of a smoothing agent for polymer 3D printing application.
(5)A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
(6)A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.
(7)A fluorinated gas used for the preservation of a cultural paper-based material.
(8)A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.
(9)An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry.
(10)A product used in the semiconductor manufacturing process.
(11)A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.
(12)A fluoropolymer product used in petroleum production and mining.
(13)Refrigerants used for the maintenance and refilling of installed equipment, including, but not limited to, refrigeration equipment, dehumidifiers, heat pumps, and other heating, venting, and air-conditioning products. For purposes of this paragraph, installed equipment means equipment that does not meet the definitions of new air-conditioning equipment, equipment, new chiller equipment, equipment, and new refrigeration equipment, equipment, as those terms are defined in Section 95373 of Title 17 of the California Code of Regulations.
(14)Any other product intended exclusively for industrial use in a manufacturing process and that does not result in the presence of intentionally added PFAS in another product available for sale.
(d)Cleaning product has the same meaning as designated product in Section 108952.
(e)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(f)Cookware has the same meaning as in Section 109010.
(g)Currently unavoidable use means a use of PFAS that the department has determined is permissible for a limited time pursuant to subdivision (a) of Section 109030.2.
(h)Department means the Department of Toxic Substances Control.
(i)(1)Food packaging means a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000.
(j)Intentionally added PFAS means either of the following:
(1)PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process.
(2)PFAS intentionally used or produced during a products manufacture or processing that is introduced into or onto the product and that has a functional or technical effect in the product or manufacturing process. This includes any source of PFAS with a technical or functional effect that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
(k)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(l)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(m)Necessary for the product to work means required for the product to perform its primary function, as determined by the department.
(n)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(o)Person means an individual, firm, corporation, association, or other entity doing business in California.
(p)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(q)Product category means a group of similar products that are used for a similar purpose and that could functionally replace each other for that purpose, as determined by the department, and does not mean variations within a product that do not affect the products primary function. For example, pants, insulation, and cookware are each a product category whereas stain-resistant pants, spray insulation, and nonstick cookware are variations of products within those product categories.
(r)Reliable information means a study or evaluation that meets both the following:
(1)The study or evaluation design was appropriate to the hypothesis being tested, and sufficient to support the proposition for which the study or evaluation is presented to the department.
(2)The study or evaluation was published in one of the following:
(A)A scientifically peer-reviewed report or other literature.
(B)A report of the United States National Academies.
(C)A report by an international, federal, state, or local agency that implements laws governing chemicals.
(s)Safer alternative means an alternative that, in comparison with another product or product manufacturing process, has reduced adverse impacts or potential exposures to humans and the environment associated with PFAS. Alternatives include materials, processes, designs, products, or chemicals that are sufficient for achieving the desired result. For example, a safer alternative to stain-resistant sprays for avoiding stains could be the use of detergents or the use of fibers that are inherently stain resistant.
(t)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.1.(a)Except as provided in subdivision (d), on and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state a 2027 product that contains intentionally added PFAS.
(b)(1)Except as provided in subdivisions (a), (c), (d), and (e), on and after January 1, 2035, a person shall not distribute, sell, or offer for sale in this state a 2035 product that contains intentionally added PFAS. PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble.
(2)The department may establish by regulation an effective date for the prohibition of PFAS in a 2035 product or product category of 2035 products that is before January 1, 2035, if it is feasible to do so. The department shall consider public petitions that request an earlier effective date for a product category of 2035 products. Feasibility shall be deemed to exist if any of the following conditions is met:(A)The department finds any of the following:(i)There are safer alternatives to the use of PFAS in the 2035 product or product category of 2035 products that are reasonably available.(ii)The function provided by PFAS in the 2035 product is not necessary for the 2035 product or product category of 2035 products to work.(iii)The use of PFAS in the 2035 product or product category of 2035 products is not critical for the health, the safety, or the functioning of society.(B)If the findings of all or part of an applicable publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS in the 2035 product or product category of 2035 products. The department shall only rely on a study or evaluation that is reliable information and shall use its discretion to analyze on a case-by-case basis whether the reliable information is sufficient to show the viability of safer alternatives to PFAS in the 2035 product or product category of 2035 products.(c)Except as provided in subdivisions (d) and (e), on and after January 1, 2040, a person shall not distribute, sell, or offer for sale in this state a 2040 product that contains intentionally added PFAS. PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble.
(d)A prohibition described in subdivision (a), (b), or (c) shall not apply to either of the following:
(1)A product or product category for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used product.
(e)A prohibition described in subdivisions (b) and (c) shall not apply to a product or product category for which there is an applicable determination of currently unavoidable use identified on the departments internet website pursuant to subdivision (g) of Section 109030.2.
109030.2.(a)Upon a petition from the manufacturer of a product or group of manufacturers of a product or product category, the department shall review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. In making that determination, the department shall use the broadest reasonable product category when selecting the product category to which the product belongs, and shall rely on analysis and findings from a prior determination for a product category, if a prior determination exists. The department may identify exclusions from a product category. Exclusions shall be construed as narrowly as possible. The department shall find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds all the following:
(1)There are no safer alternatives to PFAS that are reasonably available.
(2)The function provided by PFAS in the product is necessary for the product to work.
(3)The use of PFAS in the product is critical for health, safety, or the functioning of society.
(b)The manufacturer or group, in its petition, shall provide all of the following:
(1)Evidence that demonstrates the criteria in paragraphs (1) to (3), inclusive, of subdivision (a) are met.
(2)Any additional information requested by the department to assist in making the determination.
(3)Any other information that the manufacturer believes is relevant, with an explanation of the relevance.
(4)The applicable application fee established pursuant to Section 109030.3.
(c)A person who submits information to the department may request that the department treat that information as confidential, as provided in Article 9 (commencing with Section 69509) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations, by providing appropriate documentation supporting the request.
(d)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall do all of the following:
(1)Consider the information provided pursuant to subdivision (b), including relevance and significance for the product category.
(2)Consider available reliable information, to the extent the department finds useful.
(3)Consider bans on the sale or use of PFAS in the product or product category in another state, the United States, or other countries.
(4)Provide an opportunity for public comment.
(e)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall make a determination without evaluating all the criteria pursuant to subdivision (b) if the determination can be made based on fewer criteria.
(f)(1)Upon finding that the use of PFAS in a product category is a currently unavoidable use, the department shall issue a determination of currently unavoidable use.
(2)(A)A determination of currently unavoidable use shall expire five six years after its issuance, unless otherwise provided by the department pursuant to subparagraph (B).
(B)The department may approve an extension of up to three years to aid administrative needs. A subsequent renewal request shall be made within five six years of a determination on the prior request for renewal.
(3)The department may review a determination of currently unavoidable use before its expiration and may revoke the determination if there is a significant change in the information supporting the determination.(4)The department shall consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of information.(g)A manufacturer or group may submit a petition to renew a determination of currently unavoidable use no later than six 14 months before its expiration. The petition for renewal shall comply with subdivision (b) and also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS in the product or product category, including, but not limited to, published peer-reviewed papers and funding of third-party research with no financial conflict of interest. In reviewing a petition to renew, the department shall comply with subdivisions (a), (d), (e), and (h) and paragraph (1) of subdivision (f).
(h)The department shall maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition specified in subdivision (b) of Section 109030.1.
(i)A manufacturer or group subject to the prohibition in paragraph (1) of subdivision (b) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2030, and the department shall make a final determination on petitions on or before January 1, 2034. Before January 1, 2030, a petitioner may supplement its petition only once with relevant new information.
(j)A manufacturer or group for products subject to the prohibition in subdivision (c) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2035, and the department shall make a final determination on petitions for unavoidable use determination on or before January 1, 2039. Before January 1, 2035, a petitioner may supplement its petition only once with relevant new information.
109030.3.(a)On or before January 1, 2029, the department shall adopt regulations to administer this chapter.
(b)The regulations shall establish and provide for the assessment of an application fee. Moneys received from the application fee shall be deposited into the PFAS Oversight Fund, which is hereby created in the State Treasury. Moneys in the account fund shall be used, upon appropriation by the Legislature, to cover the departments reasonable costs of administering this chapter.
(c)The regulations shall include guidance regarding the sufficiency of reliable information when the use of reliable information is required by this chapter.
109030.4.This chapter does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
SEC. 5.SEC. 6.The Legislature finds and declares that Section 4 5 of this act, which adds Section 109030.2 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
It is in the best interest of the public to provide limited protection of certain trade secret information in order to protect important business interests while adhering to the goals of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:
(1)The volume of the chemical in commerce in this state.
(2)The potential for exposure to the chemical in a consumer product.
(3)Potential effects on sensitive subpopulations, including infants and children.
(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.
(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)(A)A covered 2027 product, as defined in Section 109030.
(B)A 2035 product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (b) of Section 109030.1.
(C)A 2040 product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (c) of Section 109030.1.
(c)Department means the Department of Toxic Substances Control.
SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)2027 product means any of the following:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(b)2035 product means a product other than a 2027 product or a 2040 product.
(c)2040 product means any of the following:
(1)Textiles used for personal protective equipment, as defined in Section 108970.
(2)Textiles used for noise and vibration insulation in engine bays in the automotive industry.
(3)Refrigerants used in any of the following applications:
(A)Temperature refrigeration below minus 50 degrees Celsius.
(B)Laboratory test and measurement equipment.
(C)A refrigerated centrifuge.
(4)Solvents used for any of the following applications:
(A)An industrial precision cleaning fluid.
(B)A cleaning fluid for use in an oxygen-enriched environment.
(C)An industrial or professional use of a solvent-based debinding system in 3D printing.
(D)An industrial or professional use of a smoothing agent for polymer 3D printing application.
(5)A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
(6)A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.
(7)A fluorinated gas used for the preservation of a cultural paper-based material.
(8)A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.
(9)An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry.
(10)A product used in the semiconductor manufacturing process.
(11)A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.
(12)A fluoropolymer product used in petroleum production and mining.
(13)Refrigerants used for the maintenance and refilling of installed equipment, including, but not limited to, refrigeration equipment, dehumidifiers, heat pumps, and other heating, venting, and air-conditioning products. For purposes of this paragraph, installed equipment means equipment that does not meet the definitions of new air-conditioning equipment, new chiller equipment, and new refrigeration equipment, as those terms are defined in Section 95373 of Title 17 of the California Code of Regulations.
(a)(d)Cleaning product has the same meaning as designated product in Section 108952.
(b)(e)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(c)(f)Cookware has the same meaning as in Section 109010.
(d)Covered product means all of the following product categories:(1)Cleaning products.(2)Cookware.(3)Dental floss.(4)Juvenile products.(5)Food packaging.(6)Ski wax.(e)(g)Currently unavoidable use means a use of PFAS that the department has determined is permissible for a limited time pursuant to subdivision (a) of Section 109030.2.
(f)(h)Department means the Department of Toxic Substances Control.
(g)(i)(1)Food packaging means a container applied to or providing package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, waterproofing or heat or cold protection, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000.
(h)(j)Intentionally added PFAS means either of the following:
(1)PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process.
(2)PFAS intentionally used or produced during a products manufacture or processing that is introduced into or onto the product and that has a functional or technical effect in the product or manufacturing process. This includes any source of PFAS with a technical or functional effect that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
(i)(k)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(j)(l)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(k)(m)Necessary for the product to work means required for the product to perform its primary function, as determined by the department.
(l)(n)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(m)(o)Person means an individual, firm, corporation, association, or other entity doing business in California.
(n)(p)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(o)(q)Product category means a group of similar products that are used for a similar purpose and that could functionally replace each other for that purpose, as determined by the department, and does not mean variations within a product that do not affect the products primary function. For example, pants, insulation, and cookware are each a product category whereas stain-resistant pants, spray insulation, and nonstick cookware are variations of products within those product categories.
(p)(r)Reliable information means a study or evaluation that meets both the following:
(1)The study or evaluation design was appropriate to the hypothesis being tested, and sufficient to support the proposition for which the study or evaluation is presented to the department.
(2)The study or evaluation was published in one of the following:
(A)A scientifically peer-reviewed report or other literature.
(B)A report of the United States National Academies.
(C)A report by an international, federal, state, or local agency that implements laws governing chemicals.
(q)(s)Safer alternative means an alternative that, in comparison with another product or product manufacturing process, has reduced adverse impacts or potential exposures to humans and the environment associated with PFAS. Alternatives include materials, processes, designs, products, or chemicals that are sufficient for achieving the desired result. For example, a safer alternative to stain-resistant sprays for avoiding stains could be the use of detergents or the use of fibers that are inherently stain resistant.
(r)(t)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.1.(a)On Except as provided in subdivision (d), on and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state a covered 2027 product that contains intentionally added PFAS.
(b)(1)Except as provided in subdivisions (a), (c), (d), and (e), on and after January 1, 2035, a person shall not distribute, sell, or offer for sale in this state a 2035 product that contains intentionally added PFAS.
(2)The department may establish by regulation an effective date for the prohibition of PFAS in a 2035 product or product category of 2035 products that is before January 1, 2035, if it is feasible to do so. The department shall consider public petitions that request an earlier effective date for a product category. category of 2035 products. Feasibility shall be deemed to exist if any of the following conditions is met:
(A)The department finds any of the following:
(i)There are safer alternatives to the use of PFAS in the 2035 product or product category of 2035 products that are reasonably available.
(ii)The function provided by PFAS in the 2035 product is not necessary for the 2035 product or product category of 2035 products to work.
(iii)The use of PFAS in the 2035 product or product category of 2035 products is not critical for the health, the safety, or the functioning of society.
(B)If the findings of all or part of an applicable publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS in the 2035 product or product category. category of 2035 products. The department shall only rely on a study or evaluation that is reliable information and shall use its discretion to analyze on a case-by-case basis whether the reliable information is sufficient to show the viability of safer alternatives to PFAS in the 2035 product or product category. category of 2035 products.
(c)On Except as provided in subdivisions (d) and (e), on and after January 1, 2040, a person shall not distribute, sell, or offer for sale in this state any of the following products that contain intentionally added PFAS: a 2040 product that contains intentionally added PFAS.
(1)Textiles used for personal protective equipment, as defined in Section 108970.(2)Textiles used for noise and vibration insulation in engine bays in the automotive industry.(3)Refrigerants used in any of the following applications:(A)Temperature refrigeration below minus 50 degrees Celsius. (B)Laboratory test and measurement equipment.(C)A refrigerated centrifuge.(4)Solvents used for any of the following applications:(A)An industrial precision cleaning fluid.(B)A cleaning fluid for use in an oxygen-enriched environment.(C)An industrial or professional use of a solvent-based debinding system in 3D printing.(D)An industrial or professional use of a smoothing agent for polymer 3D printing application.(5)A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.(6)A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.(7)A fluorinated gas used for the preservation of a cultural paper-based material.(8)A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.(9)An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry.(10)A product used in the semiconductor manufacturing process.(11)A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.(12)A fluoropolymer product used in petroleum production and mining.(13)Refrigerants used for the maintenance and refilling of installed equipment, including, but not limited to, refrigeration equipment, dehumidifiers, heat pumps, and other heating, venting, and air-conditioning products. For purposes of this paragraph, installed equipment means equipment that does not meet the definitions of new air-conditioning equipment, new chiller equipment, and new refrigeration equipment, as those terms are defined in Section 95373 of Title 17 of the California Code of Regulations.(d)A prohibition described in subdivision (a), (b), or (c) shall not apply to either of the following:
(1)A covered product, product, product or product category for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used covered product or product.
(e)A prohibition described in subdivisions (b) and (c) shall not apply to a product or product category for which there is an applicable determination of currently unavoidable use identified on the departments internet website pursuant to subdivision (g) of Section 109030.2.
109030.2.(a)Upon a petition from the manufacturer of a product or group of manufacturers of a product or product category, the department shall review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. In making that determination, the department shall use the broadest reasonable product category when selecting the product category to which the product belongs, and shall rely on analysis and findings from a prior determination for a product category, if a prior determination exists. The department may identify exclusions from a product category. Exclusions shall be construed as narrowly as possible. The department shall find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds all the following:
(1)There are no safer alternatives to PFAS that are reasonably available.
(2)The function provided by PFAS in the product is necessary for the product to work.
(3)The use of PFAS in the product is critical for health, safety, or the functioning of society.
(b)The manufacturer or group, in its petition, shall provide all of the following:
(1)Evidence that demonstrates the criteria in paragraphs (1) to (3), inclusive, of subdivision (a) are met.
(2)Any additional information requested by the department to assist in making the determination.
(3)Any other information that the manufacturer believes is relevant, with an explanation of the relevance.
(4)The applicable application fee established pursuant to Section 109030.3.
(c)A person who submits information to the department may request that the department treat that information as confidential, as provided in Article 9 (commencing with Section 69509) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations, by providing appropriate documentation supporting the request.
(d)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall do all of the following:
(1)Consider the information provided pursuant to subdivision (b), including relevance and significance for the product category.
(2)Consider available reliable information, to the extent the department finds useful.
(3)Consider bans on the sale or use of PFAS in the product or product category in another state, the United States, or other countries.
(4)Provide an opportunity for public comment.
(e)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall make a determination without evaluating all the criteria pursuant to subdivision (b) if the determination can be made based on fewer criteria.
(f)(1)Upon finding that the use of PFAS in a product category is a currently unavoidable use, the department shall issue a determination of currently unavoidable use.
(2)(A)A determination of currently unavoidable use shall expire five years after its issuance, unless otherwise provided by the department pursuant to subparagraph (B).
(B)The department may approve an extension of up to three years to aid administrative needs. A subsequent renewal request shall be made within five years of a determination on the prior request for renewal.
(3)The department may review a determination of currently unavoidable use before its expiration and may revoke the determination if there is a significant change in the information supporting the determination.
(4)The department shall consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of information.
(g)A manufacturer or group may submit a petition to renew a determination of currently unavoidable use no later than six months before its expiration. The petition for renewal shall comply with subdivision (b) and also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS in the product or product category, including, but not limited to, published peer-reviewed papers and funding of third-party research with no financial conflict of interest. In reviewing a petition to renew, the department shall comply with subdivisions (a), (d), (e), and (h) and paragraph (1) of subdivision (f).
(h)The department shall maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition specified in subdivision (b) of Section 109030.1.
(i)A manufacturer or group subject to the prohibition in paragraph (1) of subdivision (b) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2030, and the department shall make a final determination on petitions on or before January 1, 2034. Before January 1, 2030, a petitioner may supplement its petition only once with relevant new information.
(j)A manufacturer or group for products subject to the prohibition in subdivision (c) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2035, and the department shall make a final determination on petitions for unavoidable use determination on or before January 1, 2039. Before January 1, 2035, a petitioner may supplement its petition only once with relevant new information.
109030.3.(a)On or before January 1, 2029, the department shall adopt regulations to administer this chapter.
(b)The regulations shall establish and provide for the assessment of an application fee. Moneys received from the application fee shall be deposited into the PFAS Oversight Fund, which is hereby created in the State Treasury. Moneys in the account shall be used, upon appropriation by the Legislature, to cover the departments reasonable costs of administering this chapter.
(c)The regulations shall include guidance regarding the sufficiency of reliable information when the use of reliable information is required by this chapter.
109030.4.This chapter does not limit or restrict existing any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
SEC. 5.The Legislature finds and declares that Section 4 of this act, which adds Section 109030.2 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
It is in the best interest of the public to provide limited protection of certain trade secret information in order to protect important business interests while adhering to the goals of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:
(1)The volume of the chemical in commerce in this state.
(2)The potential for exposure to the chemical in a consumer product.
(3)Potential effects on sensitive subpopulations, including infants and children.
(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.
(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)(A)A covered product, as defined in Section 109030.
(B)A product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (b) of Section 109030.1.
(c)Department means the Department of Toxic Substances Control.
SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)Cleaning product has the same meaning as designated product in Section 108952.
(b)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(c)Cookware has the same meaning as in Section 109010.
(d)Covered product means all of the following product categories:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(e)Currently unavoidable use means a use of PFAS that the department has determined is permissible for a limited time pursuant to subdivision (a) of Section 109030.2.
(f)Department means the Department of Toxic Substances Control.
(g)(1)Food packaging means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, and if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000.
(h)Intentionally added PFAS means either of the following:
(1)PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process.
(2)PFAS intentionally used or produced during a products manufacture or processing that is introduced into or onto the product and that has a functional or technical effect in the product or manufacturing process. This includes any source of PFAS with a technical or functional effect that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
(i)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(j)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(k)Necessary for the product to work means required for the product to perform its primary function, as determined by the department.
(l)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(m)Person means an individual, firm, corporation, association, or other entity doing business in California.
(n)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(o)Product category means a group of similar products that are used for a similar purpose and that could functionally replace each other for that purpose, as determined by the department, and does not mean variations within a product that do not affect the products primary function. For example, pants, insulation, and cookware are each a product category whereas stain-resistant pants, spray insulation, and nonstick cookware are variations of products within those product categories.
(p)Reliable information means a study or evaluation that meets both the following:
(1)The study or evaluation design was appropriate to the hypothesis being tested, and sufficient to support the proposition for which the study or evaluation is presented to the department.
(2)The study or evaluation was published in one of the following:
(A)A scientifically peer-reviewed report or other literature.
(B)A report of the United States National Academies.
(C)A report by an international, federal, state, or local agency that implements laws governing chemicals.
(q)Safer alternative means an alternative that, in comparison with another product or product manufacturing process, has reduced adverse impacts or potential exposures to humans and the environment associated with PFAS. Alternatives include materials, processes, designs, products, or chemicals that are sufficient for achieving the desired result. For example, a safer alternative to stain-resistant sprays for avoiding stains could be the use of detergents or the use of fibers that are inherently stain resistant.
(r)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.1.(a)On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state a covered product that contains intentionally added PFAS.
(b)(1)Except as provided in subdivisions (a), (c), (d), and (e), on and after January 1, 2035, a person shall not distribute, sell, or offer for sale in this state a product that contains intentionally added PFAS.
(2)The department may establish by regulation an effective date for the prohibition of PFAS in a product or product category that is before January 1, 2035, if it is feasible to do so. The department shall consider public petitions that request an earlier effective date for a product category. Feasibility may shall be deemed to exist if any of the following conditions is met:
(A)The department finds all any of the following:
(i)There are safer alternatives to the use of PFAS in the product or product category that are reasonably available.
(ii)The function provided by PFAS in the product is not necessary for the product or product category to work.
(iii)The use of PFAS in the product or product category is not critical for the health, the safety, or the functioning of society.
(B)If the findings of all or part of an applicable publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS in the product or product category. The department shall only rely on a study or evaluation that is reliable information and shall use its discretion to analyze on a case-by-case basis whether the reliable information is sufficient to show the viability of safer alternatives to PFAS in the product or product category.
(c)On and after January 1, 2040, a person shall not distribute, sell, or offer for sale in this state any of the following products that contain intentionally added PFAS:
(1)Textiles used for personal protective equipment, as defined in Section 108970.
(2)Textiles used for noise and vibration insulation in engine bays in the automotive industry.
(3)Refrigerants used in any of the following applications:
(A)Temperature refrigeration below minus 50 degrees Celsius.
(B)Laboratory test and measurement equipment.
(C)A refrigerated centrifuge.
(4)Solvents used for any of the following applications:
(A)An industrial precision cleaning fluid.
(B)A cleaning fluid for use in an oxygen-enriched environment.
(C)An industrial or professional use of a solvent-based debinding system in 3D printing.
(D)An industrial or professional use of a smoothing agent for polymer 3D printing application.
(5)A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
(6)A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.
(7)A fluorinated gas used for the preservation of a cultural paper-based material.
(8)A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.
(9)An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry.
(10)A product used in the semiconductor manufacturing process.
(11)A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.
(12)A fluoropolymer product used in petroleum production and mining.
(13)Fluorinated gases used for the maintenance and refilling of installed equipment for heating, venting, and air conditioning products.(13)Refrigerants used for the maintenance and refilling of installed equipment, including, but not limited to, refrigeration equipment, dehumidifiers, heat pumps, and other heating, venting, and air-conditioning products. For purposes of this paragraph, installed equipment means equipment that does not meet the definitions of new air-conditioning equipment, new chiller equipment, and new refrigeration equipment, as those terms are defined in Section 95373 of Title 17 of the California Code of Regulations.
(d)A prohibition described in subdivision (a), (b), or (c) shall not apply to either of the following:
(1)A covered product, product, or product category for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used covered product or product.
(e)A prohibition described in subdivisions (b) and (c) shall not apply to a product or product category for which there is an applicable determination of currently unavoidable use identified on the departments internet website pursuant to subdivision (g) of Section 109030.2.
109030.2.(a)Upon a petition from the manufacturer of a product or an association or group of manufacturers of a product or product category, the department shall review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. In making that determination, the department shall use the broadest reasonable product category when selecting the product category to which the product belongs, and shall rely on analysis and findings from a prior determination for a product category, if a prior determination exists. The department may identify exclusions from a product category. Exclusions shall be construed as narrowly as possible. The department shall find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds all the following:
(1)There are no safer alternatives to PFAS that are reasonably available.
(2)The function provided by PFAS in the product is necessary for the product to work.
(3)The use of PFAS in the product is critical for health, safety, or the functioning of society.
(b)The manufacturer, association, manufacturer or group, in its petition, shall provide all of the following:
(1)Evidence that demonstrates the criteria in paragraphs (1) to (3), inclusive, of subdivision (a) are met.
(2)Any additional information requested by the department to assist in making the determination.
(3)Any other information that the manufacturer believes is relevant, with an explanation of the relevance.
(4)The applicable application fee established pursuant to Section 109030.3.
(c)A person who submits information to the department may request that the department treat that information as confidential, as provided in Article 9 (commencing with Section 69509) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations, by providing appropriate documentation supporting the request.
(c)(d)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall do all of the following:
(1)Consider the information provided pursuant to subdivision (b), including relevance and significance for the product category.
(2)Consider available reliable information, to the extent the department finds useful.
(3)Consider bans on the sale or use of PFAS in the product or product category in another state, the United States, or other countries.
(4)Provide an opportunity for public comment.
(d)(e)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall make a determination without evaluating all the criteria pursuant to subdivision (b) if the determination can be made based on fewer criteria.
(e)(f)(1)Upon finding that the use of PFAS in a product category is a currently unavoidable use, the department shall issue a determination of currently unavoidable use.
(2)(A)A determination of currently unavoidable use shall expire five years after its issuance, unless otherwise provided by the department pursuant to subparagraph (B).
(B)The department may approve an extension of up to three years to aid administrative needs. A subsequent renewal request shall be made within five years of a determination on the prior request for renewal.
(3)The department may review a determination of currently unavoidable use before its expiration and may revoke the determination if there is a significant change in the information supporting the determination.
(4)The department shall consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of information.
(f)(g)A manufacturer, association, manufacturer or group may submit a petition to renew a determination of currently unavoidable use no later than six months before its expiration. The petition for renewal shall comply with subdivision (b) and also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS in the product or product category, including, but not limited to, published peer-reviewed papers and funding of third-party research with no financial conflict of interest. In reviewing a petition to renew, the department shall comply with subdivisions (a), (c), (d), and (g). (d), (e), and (h) and paragraph (1) of subdivision (f).
(g)(h)The department shall maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition specified in subdivision (b) of Section 109030.1.
(h)(i)A manufacturer, association, manufacturer or group subject to the prohibition in paragraph (1) of subdivision (b) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2030, and the department shall make a final determination on petitions on or before January 1, 2034. Before January 1, 2030, a petitioner may supplement its petition once with relevant new information.
(i)(j)A manufacturer, association, manufacturer or group for products subject to the prohibition in subdivision (c) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2035, and the department shall make a final determination on petitions for unavoidable use determination before January 1, 2039. Before January 1, 2035, a petitioner may supplement its petition once with relevant new information.
109030.3.(a)On or before January 1, 2027, 2029, the department shall adopt regulations to administer this chapter.
(b)The regulations shall establish and provide for the assessment of an application fee. Moneys received from the application fee shall be deposited into the PFAS Oversight Fund, which is hereby created in the State Treasury. Moneys in the account shall be used, upon appropriation by the Legislature, to cover the departments reasonable costs of administering this chapter.
(c)The regulations shall include guidance regarding the sufficiency of reliable information when the use of reliable information is required by this chapter.
109030.4.This chapter does not limit or restrict existing mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
SEC. 5.The Legislature finds and declares that Section 4 of this act, which adds Section 109030.2 to the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
It is in the best interest of the public to provide limited protection of certain trade secret information in order to protect important business interests while adhering to the goals of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:
(1)The volume of the chemical in commerce in this state.
(2)The potential for exposure to the chemical in a consumer product.
(3)Potential effects on sensitive subpopulations, including infants and children.
(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.
(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)(A)A covered product, as defined in Section 109030.
(B)A product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (b) of Section 109030.1.
(c)Department means the Department of Toxic Substances Control.
SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)Cleaning product has the same meaning as designated product in Section 108952.
(b)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(c)Cookware has the same meaning as in Section 109010.
(d)Covered product means all of the following product categories:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(e)Currently unavoidable use means a use of PFAS that the department has determined is permissible for a limited time pursuant to subdivision (a) of Section 109030.2.
(f)Department means the Department of Toxic Substances Control.
(g)(1)Food packaging means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, and includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000.
(h)Intentionally added PFAS means either of the following:
(1)PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional products results or outcomes of an added chemical or process.
(2)PFAS intentionally used or produced during a products manufacture or processing that is introduced into or onto the product, whether or not it confers product and that has a functional or technical effect in the product. product or manufacturing process. This includes any source of PFAS that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
(i)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(j)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(k)Necessary for the product to work means required for the product to perform its primary function, as determined by the department.
(l)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(m)Person means an individual, firm, corporation, association, or other entity doing business in California.
(n)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(o)Product category means a group of similar products that are used for a similar purpose and that could functionally replace each other for that purpose, as determined by the department, and does not mean variations within a product that do not affect the products primary function. For example, pants, insulation, and cookware are each a product category whereas stain-resistant pants, spray insulation, and nonstick cookware are variations of products within those product categories.
(p)Reliable information means a study or evaluation that meets both the following:
(1)The study or evaluation design was appropriate to the hypothesis being tested, and sufficient to support the proposition for which the study or evaluation is presented to the department.
(2)The study or evaluation was published in one of the following:
(A)A scientifically peer-reviewed report or other literature.
(B)A report of the United States National Academies.
(C)A report by an international, federal, state, or local agency that implements laws governing chemicals.
(q)Safer alternative means an alternative that, in comparison with another product or product manufacturing process, has reduced adverse impacts or potential exposures to humans and the environment associated with PFAS. Alternatives include materials, processes, designs, products, or chemicals that are sufficient for achieving the desired result. For example, a safer alternative to stain-resistant sprays for avoiding stains could be the use of detergents or the use of fibers that are inherently stain resistant.
(r)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.1.(a)On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state a covered product that contains intentionally added PFAS.
(b)(1)Except as provided in subdivisions (a), (c), (d), and (e), beginning on and after January 1, 2033, 2035, a person shall not distribute, sell, or offer for sale in this state a product that contains intentionally added PFAS.
(2)The department may establish by regulation an effective date for the prohibition of PFAS in a product or product category that is before January 1, 2033, 2035, if it is feasible to do so. The department shall consider public petitions that request an earlier effective date for a product category. Feasibility shall may be deemed to exist if any of the following conditions is met:
(A)The department finds any all of the following:
(i)There are safer alternatives to the use of PFAS in the product or product category that are reasonably available.
(ii)The function provided by PFAS in the product is not necessary for the product or product category to work.
(iii)The use of PFAS in the product or product category is not critical for the health, the safety, or the functioning of society.
(B)If the findings of all or part of an applicable publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS in the product or product category. The department shall only rely on a study or evaluation that is reliable information. information and shall use its discretion to analyze on a case-by-case basis whether the reliable information is sufficient to show the viability of safer alternatives to PFAS in the product or product category.
(C)If the product or product category is prohibited from being sold, used, or distributed, as of the date of the feasibility analysis, in another state or states within the United States, or in another country, because it contains PFAS.(c)On and after January 1, 2040, a person shall not distribute, sell, or offer for sale in this state any of the following products that contain intentionally added PFAS:
(1)Textiles used for personal protective equipment, as defined in Section 108970.
(2)Textiles used for noise and vibration insulation in engine bays in the automotive industry.
(3)Refrigerants used in any of the following applications:
(A)Temperature refrigeration below minus 50 degrees Celsius.
(B)Laboratory test and measurement equipment.
(C)A refrigerated centrifuge.
(4)Solvents used for any of the following applications:
(A)An industrial precision cleaning fluid.
(B)A cleaning fluid for use in an oxygen-enriched environment.
(C)An industrial or professional use of a solvent-based debinding system in 3D printing.
(D)An industrial or professional use of a smoothing agent for polymer 3D printing application.
(5)A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
(6)A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.
(7)A fluorinated gas used for the preservation of a cultural paper-based material.
(8)A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.
(9)An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry.
(10)A product used in the semiconductor manufacturing process.
(11)A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.
(12)A fluoropolymer product used in petroleum production and mining.
(13)Fluorinated gases used for the maintenance and refilling of installed equipment for heating, venting, and air conditioning products.
(d)A prohibition described in subdivision (a), (b), or (c) shall not apply to either of the following:
(1)A covered product, product, or product category for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used covered product or product.
(e)A prohibition described in subdivisions (b) and (c) shall not apply to a product or product category for which there is an applicable determination of currently unavoidable use identified on the departments internet website pursuant to subdivision (g) of Section 109030.2.
109030.2.(a)Upon a petition from the manufacturer of a product or an association or group of manufacturers of a product or product category, the department shall review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. In making that determination, the department shall use the broadest reasonable product category when selecting the product category to which the product belongs, and shall rely on analysis and findings from a prior determination for a product category, if a prior determination exists. The department may identify exclusions from a product category. Exclusions shall be construed as narrowly as possible. The department shall find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds all the following:
(1)There are no safer alternatives to PFAS that are reasonably available.
(2)The function provided by PFAS in the product is necessary for the product to work.
(3)The use of PFAS in the product is critical for health, safety, or the functioning of society.
(b)The manufacturer, association, or group, in its petition, shall provide all of the following:
(1)Evidence that demonstrates the criteria in paragraphs (1) to (3), inclusive, of subdivision (a) are met.
(2)Any additional information requested by the department to assist in making the determination.
(3)Any other information that the manufacturer believes is relevant, with an explanation of the relevance.
(4)The applicable application fee established pursuant to Section 109030.3.
(c)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall do all of the following:
(1)Consider the information provided pursuant to subdivision (b), including relevance and significance for the product category.
(2)Consider available reliable information. information, to the extent the department finds useful.
(3)Consider bans on the sale or use of PFAS in the product or product category in another state, the United States, or other countries. If the product or product category is prohibited from being sold, used, or distributed in a relevant jurisdiction, as of the date of its unavoidable-use analysis, because it contains PFAS, then that prohibition demonstrates that the use of PFAS is not a currently unavoidable use.
(4)Provide an opportunity for public comment.
(d)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall make a determination without evaluating all the criteria pursuant to subdivision (b) if the determination can be made based on fewer criteria.
(e)(1)Upon finding that the use of PFAS in a product category is a currently unavoidable use, the department shall issue a determination of currently unavoidable use.
(2)(A)A determination of currently unavoidable use shall expire five years after its issuance, unless otherwise provided by the department pursuant to subparagraph (B).
(B)The department may approve an extension of up to three years to aid administrative needs. A subsequent renewal request shall be made within five years of a determination on the prior request for renewal.
(3)The department may review a determination of currently unavoidable use before its expiration and may revoke the determination if there is a significant change in the information supporting the determination.
(4)The department shall consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of information.
(f)A manufacturer, association, or group may submit a petition to renew a determination of currently unavoidable use no later than six months before its expiration. The petition for renewal shall comply with subdivision (b) and also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS in the product or product category, including, but not limited to, published peer-reviewed papers and funding of third-party research with no financial conflict of interest. In reviewing a petition to renew, the department shall comply with subdivisions (a), (c), (d), and (g).
(g)The department shall maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition specified in subdivision (b) of Section 109030.1.
(h)A manufacturer, association, or group subject to the prohibition in paragraph (1) of subdivision (b) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2028, 2030, and the department shall make a final determination on petitions on or before January 1, 2032. 2034. Before January 1, 2028, 2030, a petitioner may supplement its petition once with relevant new information.
(i)A manufacturer, association, or group for products subject to the prohibition in subdivision (c) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2035, and the department shall make a final determination on petitions for unavoidable use determination before January 1, 2038. 2039. Before January 1, 2035, a petitioner may supplement its petition once with relevant new information.
109030.3.(a)On or before January 1, 2027, the department shall adopt regulations to administer this chapter. The
(b)The regulations shall establish and provide for the assessment of an application fee. Moneys received from the application fee shall be deposited into the PFAS Oversight Fund, which is hereby created in the State Treasury. Moneys in the account shall be used, upon appropriation by the Legislature, to cover the departments reasonable costs of administering this chapter.
(c)The regulations shall include guidance regarding the sufficiency of reliable information when the use of reliable information is required by this chapter.
The Legislature finds and declares all of the following:
(a)Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of persistent and highly toxic chemicals with widespread contamination across the United States, including California. The United States Geological Survey estimates that 45 percent of the United States tap water is contaminated with PFAS. It is also estimated that 98 percent of people living in the United States have PFAS in their blood.
(b)PFAS have been and continue to be used in a broad range of industrial processes and in manufacturing products because of their water and stain resistant, nonstick, surfactant, and other properties, including for making packaging, plastic food ware, cleaning products, ski waxes, menstrual products, metal products, propellants, coatings and paints, and much more, despite the growing body of evidence that these chemicals may leach into food, water supplies, and even the human body through exposures.
(c)Exposure to PFAS poses a significant threat to the environment and public health. Adverse health effects associated with PFAS include, but are not limited to, kidney and liver damage, decreased immune system function, including interference with vaccine response and increased risk of asthma, developmental and reproductive harm, increased cholesterol levels, increased thyroid disorders and other hormone disruption, and increased incidences of testicular and kidney cancer.
(d)PFAS in products is a major source of PFAS contamination and phasing out nonessential uses of PFAS must be an immediate legislative objective.
(e)The intent of this act is to phase out the sale of products with avoidable PFAS use to address the imminent threat of further contamination of the environment in the state.
(f)As the European Union notes in its Guiding criteria and principles for the essential use concept in EU legislation dealing with chemicals, the essential use concept, as implemented by this act, is not intended to determine whether a certain substance, product, product group, or service is itself essential for society, nor whether an individual consumer or company considers the use essential for them.
SEC. 2.Section 25252 of the Health and Safety Code is amended to read:25252.(a)On or before January 1, 2011, the department shall adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, in accordance with the review process specified in Section 25252.5. The department shall adopt these regulations in consultation with the office and all appropriate state agencies and after conducting one or more public workshops for which the department provides public notice and provides an opportunity for all interested parties to comment. The regulations adopted pursuant to this section shall establish an identification and prioritization process that includes, but is not limited to, all of the following considerations:
(1)The volume of the chemical in commerce in this state.
(2)The potential for exposure to the chemical in a consumer product.
(3)Potential effects on sensitive subpopulations, including infants and children.
(b)(1)In adopting regulations pursuant to this section, the department shall develop criteria by which chemicals and their alternatives may be evaluated. These criteria shall include, but not be limited to, the traits, characteristics, and endpoints that are referenced in Section 25256.
(2)In adopting regulations pursuant to this section, the department shall reference and use, to the maximum extent feasible, available information from other nations, governments, and authoritative bodies that have undertaken similar chemical prioritization processes, so as to leverage the work and costs already incurred by those entities and to minimize costs and maximize benefits for the states economy.
(3)Paragraph (2) does not require the department, when adopting regulations pursuant to this section, to reference and use only the available information specified in paragraph (2).
(c)The Safer Consumer Products Regulations (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations), adopted pursuant to this section, may, but is not required to, evaluate uses of perfluoroalkyl and polyfluoroalkyl substances, as defined in Section 109030, in products that are covered by Chapter 17.5 (commencing with Section 109030) of Part 3 of Division 104.
SEC. 3.Section 108076 of the Health and Safety Code is amended to read:108076.For purposes of this chapter, all of the following definitions apply:
(a)Covered PFAS restriction means a restriction imposed by any of the following:
(1)Chapter 12.5 (commencing with Section 108945).
(2)Chapter 13.5 (commencing with Section 108970).
(3)Article 1 (commencing with Section 109000) of Chapter 15.
(4)Chapter 17.5 (commencing with Section 109030).
(b)Covered product means any of the following:
(1)A juvenile product, as defined in Section 108945.
(2)Textile articles, as defined in Section 108970.
(3)Food packaging, as defined in Section 109000.
(4)(A)A covered product, as defined in Section 109030.
(B)A product, as defined in Section 109030, that is subject to a covered PFAS restriction under subdivision (b) of Section 109030.1.
(c)Department means the Department of Toxic Substances Control.
SEC. 4.Chapter 17.5 (commencing with Section 109030) is added to Part 3 of Division 104 of the Health and Safety Code, to read:17.5.Perfluoroalkyl and Polyfluoroalkyl Substances109030.For purposes of this chapter, the following definitions apply unless the context otherwise indicates:
(a)Cleaning product has the same meaning as designated product in Section 108952.
(b)Component means an identifiable ingredient, part, or piece of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.
(c)Cookware has the same meaning as in Section 109010.
(d)Covered product means all of the following product categories:
(1)Cleaning products.
(2)Cookware.
(3)Dental floss.
(4)Juvenile products.
(5)Food packaging.
(6)Ski wax.
(e)Currently unavoidable use means a use of PFAS that the department has determined is permissible for a limited time pursuant to subdivision (a) of Section 109030.2.
(f)Department means the Department of Toxic Substances Control.
(g)(1)Food packaging means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, and includes, but is not limited to, all of the following:
(A)A unit package, an intermediate package, or a shipping container.
(B)Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs.
(C)An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closures, inks, or labels.
(2)Food packaging does not include a product that meets the definition of food packaging in Section 109000.
(h)Intentionally added PFAS means either of the following:
(1)PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional products of an added chemical or process.
(2)PFAS intentionally used or produced during a products manufacture or processing that is introduced into or onto the product, whether or not it confers a functional or technical effect in the product. This includes any source of PFAS that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
(i)(1)Juvenile product means a product designed for use by infants and children under 12 years of age.
(2)Juvenile product does not include a product described in either paragraph (1) or (2) of subdivision (c) of Section 108945.
(j)(1)Subject to paragraphs (2) and (3), manufacturer means either of the following:
(A)A person that manufactures the product and whose name appears on the product label.
(B)A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
(2)In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements of subparagraph (A) or (B) of paragraph (1) has a presence in the United States.
(3)Manufacturer does not include trade associations or similar entities.
(4)For purposes of this chapter, a product may have more than one manufacturer.
(k)Necessary for the product to work means required for the product to perform its primary function, as determined by the department.
(l)Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(m)Person means an individual, firm, corporation, association, or other entity doing business in California.
(n)(1)Product means a consumer product as defined in Section 25251.
(2)Product does not include the provision of services or commodities by water, sewer, electric, or gas utilities or agencies.
(o)Product category means a group of similar products that are used for a similar purpose and that could functionally replace each other for that purpose, as determined by the department, and does not mean variations within a product that do not affect the products primary function. For example, pants, insulation, and cookware are each a product category whereas stain-resistant pants, spray insulation, and nonstick cookware are variations of products within those product categories.
(p)Reliable information means a study or evaluation that meets both the following:
(1)The study or evaluation design was appropriate to the hypothesis being tested, and sufficient to support the proposition for which the study or evaluation is presented to the department.
(2)The study or evaluation was published in one of the following:
(A)A scientifically peer-reviewed report or other literature.
(B)A report of the United States National Academies.
(C)A report by an international, federal, state, or local agency that implements laws governing chemicals.
(q)Safer alternative means an alternative that, in comparison with another product or product manufacturing process, has reduced adverse impacts or potential exposures to humans and the environment associated with PFAS. Alternatives include materials, processes, designs, products, or chemicals that are sufficient for achieving the desired result. For example, a safer alternative to stain-resistant sprays for avoiding stains could be the use of detergents or the use of fibers that are inherently stain resistant.
(r)Ski wax means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
109030.1.(a)On and after January 1, 2027, a person shall not distribute, sell, or offer for sale in the state a covered product that contains intentionally added PFAS.
(b)(1)Except as provided in subdivisions (a), (c), (d), and (e), beginning January 1, 2033, a person shall not distribute, sell, or offer for sale in this state a product that contains intentionally added PFAS.
(2)The department may establish by regulation an effective date for the prohibition of PFAS in a product or product category that is before January 1, 2033, if it is feasible to do so. The department shall consider public petitions that request an earlier effective date for a product category. Feasibility shall be deemed to exist if any of the following conditions is met:
(A)The department finds any of the following:
(i)There are safer alternatives to the use of PFAS in the product or product category that are reasonably available.
(ii)The function provided by PFAS in the product is not necessary for the product or product category to work.
(iii)The use of PFAS in the product or product category is not critical for the health, the safety, or the functioning of society.
(B)If the findings of all or part of an applicable publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS in the product or product category. The department shall only rely on a study or evaluation that is reliable information.
(C)If the product or product category is prohibited from being sold, used, or distributed, as of the date of the feasibility analysis, in another state or states within the United States, or in another country, because it contains PFAS.
(c)On and after January 1, 2040, a person shall not distribute, sell, or offer for sale in this state any of the following products that contain intentionally added PFAS:
(1)Textiles used for personal protective equipment, as defined in Section 108970.
(2)Textiles used for noise and vibration insulation in engine bays in the automotive industry.
(3)Refrigerants used in any of the following applications:
(A)Temperature refrigeration below minus 50 degrees Celsius.
(B)Laboratory test and measurement equipment.
(C)A refrigerated centrifuge.
(4)Solvents used for any of the following applications:
(A)An industrial precision cleaning fluid.
(B)A cleaning fluid for use in an oxygen-enriched environment.
(C)An industrial or professional use of a solvent-based debinding system in 3D printing.
(D)An industrial or professional use of a smoothing agent for polymer 3D printing application.
(5)A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
(6)A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health.
(7)A fluorinated gas used for the preservation of a cultural paper-based material.
(8)A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods.
(9)An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry.
(10)A product used in the semiconductor manufacturing process.
(11)A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment.
(12)A fluoropolymer product used in petroleum production and mining.
(13)Fluorinated gases used for the maintenance and refilling of installed equipment for heating, venting, and air conditioning products.
(d)A prohibition described in subdivision (a), (b), or (c) shall not apply to either of the following:
(1)A covered product, product, or product category for which federal law governs the presence of PFAS in the product in a manner that preempts state authority.
(2)A previously used covered product or product.
(e)A prohibition described in subdivisions (b) and (c) shall not apply to a product or product category for which there is an applicable determination of currently unavoidable use identified on the departments internet website pursuant to subdivision (g) of Section 109030.2.
109030.2.(a)Upon a petition from the manufacturer of a product or an association or group of manufacturers of a product or product category, the department shall review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. In making that determination, the department shall use the broadest reasonable product category when selecting the product category to which the product belongs, and shall rely on analysis and findings from a prior determination for a product category, if a prior determination exists. The department may identify exclusions from a product category. Exclusions shall be construed as narrowly as possible. The department shall find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds all the following:
(1)There are no safer alternatives to PFAS that are reasonably available.
(2)The function provided by PFAS in the product is necessary for the product to work.
(3)The use of PFAS in the product is critical for health, safety, or the functioning of society.
(b)The manufacturer, association, or group, in its petition, shall provide all of the following:
(1)Evidence that demonstrates the criteria in paragraphs (1) to (3), inclusive, of subdivision (a) are met.
(2)Any additional information requested by the department to assist in making the determination.
(3)Any other information that the manufacturer believes is relevant, with an explanation of the relevance.
(4)The applicable application fee established pursuant to Section 109030.3.
(c)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall do all of the following:
(1)Consider the information provided pursuant to subdivision (b), including relevance and significance for the product category.
(2)Consider available reliable information.
(3)Consider bans on the sale or use of PFAS in the product or product category in another state, the United States, or other countries. If the product or product category is prohibited from being sold, used, or distributed in a relevant jurisdiction, as of the date of its unavoidable-use analysis, because it contains PFAS, then that prohibition demonstrates that the use of PFAS is not a currently unavoidable use.
(4)Provide an opportunity for public comment.
(d)When determining whether the use of PFAS in a product category is a currently unavoidable use, the department shall make a determination without evaluating all the criteria pursuant to subdivision (b) if the determination can be made based on fewer criteria.
(e)(1)Upon finding that the use of PFAS in a product category is a currently unavoidable use, the department shall issue a determination of currently unavoidable use.
(2)(A)A determination of currently unavoidable use shall expire five years after its issuance, unless otherwise provided by the department pursuant to subparagraph (B).
(B)The department may approve an extension of up to three years to aid administrative needs. A subsequent renewal request shall be made within five years of a determination on the prior request for renewal.
(3)The department may review a determination of currently unavoidable use before its expiration and may revoke the determination if there is a significant change in the information supporting the determination.
(4)The department shall consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of information.
(f)A manufacturer, association, or group may submit a petition to renew a determination of currently unavoidable use no later than six months before its expiration. The petition for renewal shall comply with subdivision (b) and also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS in the product or product category, including, but not limited to, published peer-reviewed papers and funding of third-party research with no financial conflict of interest. In reviewing a petition to renew, the department shall comply with subdivisions (a), (c), (d), and (g).
(g)The department shall maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition specified in subdivision (b) of Section 109030.1.
(h)A manufacturer, association, or group subject to the prohibition in paragraph (1) of subdivision (b) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2028, and the department shall make a final determination on petitions on or before January 1, 2032. Before January 1, 2028, a petitioner may supplement its petition once with relevant new information.
(i)A manufacturer, association, or group for products subject to the prohibition in subdivision (c) of Section 109030.1 shall submit a petition for unavoidable use determination before January 1, 2035, and the department shall make a final determination on petitions for unavoidable use determination before January 1, 2038. Before January 1, 2035, a petitioner may supplement its petition once with relevant new information.
109030.3.On or before January 1, 2027, the department shall adopt regulations to administer this chapter. The regulations shall establish and provide for the assessment of an application fee. Moneys received from the application fee shall be deposited into the PFAS Oversight Fund, which is hereby created in the State Treasury. Moneys in the account shall be used, upon appropriation by the Legislature, to cover the departments reasonable costs of administering this chapter.
|
Date
|
Status
|
|---|---|
| Mar 2, 2026 | Veto sustained. |
| Mar 2, 2026 | Stricken from file. |
| Oct 13, 2025 | In Senate. Consideration of Governor's veto pending. |
| Oct 13, 2025 | Vetoed by the Governor. |
| Sep 23, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep 13, 2025 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 13, 2025 | Assembly amendments concurred in. (Ayes 30. Noes 5. Page 3037.) Ordered to engrossing and enrolling. |
| Sep 12, 2025 | Read third time. Passed. (Ayes 45. Noes 21. Page 3415.) Ordered to the Senate. |
| Sep 9, 2025 | Ordered to third reading. |
| Sep 9, 2025 | Joint Rule 61(a)(13) suspended. (Ayes 60. Noes 20. Page 3128.) |
| Sep 9, 2025 | Read third time and amended. |
| Sep 4, 2025 | Read third time and amended. |
| Sep 4, 2025 | Ordered to third reading. |
| Sep 3, 2025 | Read second time. Ordered to third reading. |
| Sep 2, 2025 | Read second time and amended. Ordered to second reading. |
| Aug 29, 2025 | From committee: Do pass as amended. (Ayes 9. Noes 3.) (August 29). |
| Aug 20, 2025 | August 20 set for first hearing. Placed on APPR. suspense file. |
| Jul 17, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 16, 2025 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 15). |
| Jun 23, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.S & T.M. |
| Jun 9, 2025 | Referred to Com. on E.S & T.M. |
| Jun 4, 2025 | In Assembly. Read first time. Held at Desk. |
| Jun 3, 2025 | Read third time. Passed. (Ayes 28. Noes 7. Page 1466.) Ordered to the Assembly. |
| May 27, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | Read second time and amended. Ordered to second reading. |
| May 23, 2025 | From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1209.) (May 23). |
| May 20, 2025 | Set for hearing May 23. |
| May 19, 2025 | May 19 hearing: Placed on APPR. suspense file. |
| May 9, 2025 | Set for hearing May 19. |
| May 6, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| May 5, 2025 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 966.) (April 30). |
| Apr 22, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH. |
| Apr 8, 2025 | Set for hearing April 30. |
| Apr 8, 2025 | Read second time and amended. Re-referred to Com. on HEALTH. |
| Apr 7, 2025 | From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 5. Noes 3. Page 635.) (April 2). |
| Mar 11, 2025 | Set for hearing April 2. |
| Mar 5, 2025 | Referred to Coms. on E.Q. and HEALTH. |
| Feb 24, 2025 | Read first time. |
| Feb 24, 2025 | From printer. May be acted upon on or after March 24. |
| Feb 21, 2025 | Introduced. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2025 | Unfinished Business SB682 Allen Concurrence | Senate Floor |
Passed |
|
| Sep 12, 2025 | SB 682 Allen Senate Third Reading By Connolly | Assembly Floor |
Passed |
|
| Sep 12, 2025 | Unfinished Business SB682 Allen Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 15, 2025 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
|
| Jun 3, 2025 | Senate 3rd Reading SB682 Allen | Senate Floor |
Passed |
|
| May 23, 2025 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 19, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 30, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Health |
Passed |
|
| Apr 2, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Health] | Senate Standing Committee on Environmental Quality |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| A Voice for Choice Advocacy | ** Support | |
| Advanced Medical Technology Association | ** Against | |
| African American Farmers of California | ** Against | |
| Agc | ** Against | |
| AGC America | ** Support | |
| Agc America Inc And Subsidiaries | ** Against | |
| AGC AMERICA INC. AND SUBSIDIARIES | ** Against | |
| AGC Chemicals America | ** Against | |
| Agricultural Council Of California | ** Against | |
| Air Conditioning, Heating And Refrigeration Institute | ** Against | |
| Alliance For Automotive Innovation | ** Against | |
| Alliance of Nurses for Healthy Environments | ** Support | |
| American Apparel & Footwear Association | ** Against | |
| American Chemistry Council | ** Against | |
| American Coatings Association | ** Against | |
| American College of OBGYNs District IX | ** Support | |
| American Forest & Paper Association | ** Against | |
| American Fuel & Petrochemical Manufacturers | ** Against | |
| American Nurses Association California | ** Support | |
| American Petroleum Institute | ** Against | |
| American Society of Civil Engineers Region 9 | ** Support | |
| American Sustainable Business Network | ** Support | |
| Animal Health Institute | ** Against | |
| Association Of California Water Agencies | ** Support | |
| Association of Equipment Manufacturers | ** Against | |
| Association Of Home Appliance Manufacturers | ** Against | |
| ATMOsphere | ** Support | |
| Azul | ** Support | |
| Bay Area Clean Water Agencies | ** Support | |
| Bio-process Systems Alliance | ** Against | |
| Biocom California | ** Against | |
| Black Women For Wellness Action Project | ** Support | |
| Breast Cancer Prevention Partners | ** Support | |
| Building Industry Association of Bay Area | ** Against | |
| Building Industry Association of Southern California | ** Against | |
| Building Owners and Managers Association of California | ** Against | |
| California Apartment Association | ** Against | |
| California Association Of Pest Control Advisers | ** Against | |
| California Association Of Sanitation Agencies | ** Support | |
| California Automotive Wholesalers' Association | ** Against | |
| California Black Health Network | ** Support | |
| California Building Industry Association | ** Against | |
| California Business Properties Association | ** Against | |
| California CASA | ** Support | |
| California Chamber Of Commerce | ** Against | |
| California Contract Cities Association | ** Support | |
| California Cotton Ginners & Growers Association | ** Against | |
| California Democratic Party | ** Support | |
| California Grocers Association | ** Against | |
| California Health Coalition Advocacy | ** Support | |
| California Hispanic Chamber Of Commerce | ** Against | |
| California Hydrogen Business Council | ** Against | |
| California League of Food Producers | ** Against | |
| California Life Sciences | ** Against | |
| California Manufacturers & Technology Association | ** Against | |
| California Metals Coalition | ** Against | |
| California Municipal Utilities Association | ** Support | |
| California New Car Dealers Association | ** Against | |
| California Nurses for Environmental Health & Justice | ** Support | |
| California Product Stewardship Council | ** Support | |
| California Professional Firefighters | ** Support | |
| California Restaurant Association | ** Against | |
| California Retailers Association | ** Against | |
| California Safe Schools | ** Support | |
| California Safe Schools Coalition | ** Support | |
| California Special Districts Association | ** Support | |
| California Stormwater Quality Association | ** Support | |
| California Tomato Growers Association | ** Against | |
| Californians Against Waste | ** Support | |
| CALPIRG | ** Support | |
| Can Manufacturers Institute | ** Against | |
| Center for Baby and Adult Hygiene Products | ** Against | |
| Center for Community Action and Environmental Justice | ** Support | |
| Center For Environmental Health | ** Support | |
| Center For Public Environmental Oversight | ** Support | |
| Central Contra Costa Sanitary District | ** Support | |
| Chemical Industry Council Of California | ** Against | |
| Children Now | ** Support | |
| City of Camarillo | ** Support | |
| City of Fairfield | ** Against | |
| City Of Lomita | ** Support | |
| City of Norwalk | ** Support | |
| City of Roseville | ** Support | |
| City Of Sacramento | ** Support | |
| City of San Jose | ** Support | |
| City of Santa Rosa | ** Support | |
| City of Thousand Oaks | ** Support | |
| Clean Water Action | ** Support | |
| Clean Water Socal | ** Support | |
| cleanearth4kids.org | ** Support | |
| Climate Reality Project San Diego | ** Support | |
| Climate Reality Project, Los Angeles Chapter | ** Support | |
| Climate Reality Project, Orange County | ** Support | |
| Climate Reality Project: San Fernando Valley Chapter | ** Support | |
| Coalition For Clean Air | ** Support | |
| Coalition of Manufacturers of Complex Products | ** Against | |
| Communication Cable and Connectivity Association | ** Against | |
| Community Water Center | ** Support | |
| Consumer Brands Association | ** Against | |
| Consumer Healthcare Products Association | ** Against | |
| Cookware Sustainability Alliance | ** Against | |
| Croplife America | ** Against | |
| Dairy Institute Of California | ** Against | |
| Dublin San Ramon Services District | ** Support | |
| East Bay Dischargers Authority | ** Support | |
| East Bay Leadership Council | ** Support | |
| East Bay Municipal Utility District | ** Support | |
| East Valley Water District | ** Support | |
| Eastern Municipal Water District | ** Support | |
| Educate. Advocate. | ** Support | |
| El Granada Advocates | ** Support | |
| Elsinore Valley Municipal Water District | ** Support | |
| Environmental Defense Fund | ** Support | |
| Environmental Investigation Agency | ** Support | |
| Environmental Working Group | ** Support | |
| Erin Brockovich Foundation | ** Support | |
| European Federation of The Cookware, Cutlery and Houseware Industry | ** Against | |
| Facts Families Advocating for Chemical and Toxics Safety | ** Support | |
| Fairfield-Suisun Sewer District | ** Support | |
| Flexible Packaging Association | ** Against | |
| Fluid Sealing Association | ** Against | |
| Fuel Cell and Hydrogen Energy Association | ** Against | |
| Gladfelty Government Relations | ** Support | |
| Go Green Initiative | ** Support | |
| Green Policy Initiative | ** Support | |
| Green Science Policy Institute | ** Support | |
| Groupe SEB | ** Against | |
| Home Builders Association of Kern County | ** Against | |
| Home Builders Association of the Central Coast | ** Against | |
| Household and Commercial Products Association | ** Against | |
| Immaculate Heart Community Environmental Commission | ** Support | |
| Inland Empire Utilities Agency | ** Support | |
| Integrated Resource Management | ** Support | |
| International Sleep Products Association | ** Against | |
| Jurupa Community Services District | ** Support | |
| Juvenile Products Manufacturers Association | ** Against | |
| Keen Footwear | ** Support | |
| Las Virgenes Municipal Water District | ** Support | |
| Latinas Contra Cancer | ** Support | |
| Leadership Counsel Action | ** Support | |
| League Of California Cities | ** Support | |
| Learning Disabilities Association of America | ** Support | |
| Lkq Corporation | ** Against | |
| Los Angeles County Sanitation Districts | ** Support | |
| Los Angeles Waterkeeper | ** Support | |
| Mamavation - Non-toxic Products for Healthy Families | ** Support | |
| Mema the Vehicle Supply Association | ** Against | |
| Meyer Corporation US | ** Against | |
| Monterey One Water | ** Support | |
| Motorcycle Industry Council | ** Against | |
| Naiop California | ** Against | |
| National Council of Textile Organizations | ** Against | |
| National Marine Manufacturers Association | ** Against | |
| National Stewardship Action Council | ** Support | |
| Natural Resources Defense Council | ** Support | |
| Nisei Farmers League | ** Against | |
| Nontoxic Neighborhoods | ** Support | |
| North American Association of Food Equipment Manufacturers | ** Against | |
| North State Building Industry Association | ** Against | |
| NRDC | ** Support | |
| Olivenhain Municipal Water District | ** Support | |
| Orange County Business Council | ** Against | |
| Orange County Sanitation District | ** Support | |
| Outdoor Power Equipment Institute | ** Against | |
| Personal Care Products Council | ** Against | |
| Physicians for Social Responsibility - Los Angeles | ** Support | |
| Physicians for Social Responsibility, San Francisco Bay | ** Support | |
| Physicians for Social Responsibility-Los Angeles | ** Support | |
| Plumbing Manufacturers International | ** Against | |
| Printing United Alliance | ** Against | |
| Rancho California Water District | ** Support | |
| Rancho Water | ** Support | |
| Range Kleen | ** Against | |
| recolte energy | ** Support | |
| Recreational Off-Highway Vehicle Association | ** Against | |
| Recreational Vehicle Institue of America | ** Against | |
| Resource Renewal Institute | ** Support | |
| Responsible Industry for A Sound Environment - Rise | ** Against | |
| Responsible Purchasing Network | ** Support | |
| Rethink Disposable | ** Support | |
| RISE | ** Against | |
| Rv Industry Association | ** Against | |
| San Francisco Bay Area Physicians for Social Responsibility | ** Support | |
| San Francisco Baykeeper | ** Support | |
| Save The Bay | ** Support | |
| Sierra Club | ** Support | |
| Sierra Club California | ** Support | |
| Silicon Valley Clean Water | ** Support | |
| SoCal 350 Climate Action | ** Support | |
| Solar Energy Industry Association | ** Against | |
| Southern California Leadership Council | ** Against | |
| Specialty Equipment Market Association | ** Against | |
| Specialty Vehicle Institute of America | ** Against | |
| Spray Polyurethane Foam Alliance | ** Against | |
| StopWaste | ** Support | |
| Story of Stuff | ** Support | |
| Sur La Table | ** Against | |
| Sustainable Pfas Action Network | ** Against | |
| Swana California Chapters Legislative Task Force | ** Support | |
| Sweetwater Authority | ** Support | |
| The Cookware and Bakeware Alliance | ** Against | |
| The Toy Association | ** Against | |
| Truck And Engine Manufacturers Association | ** Against | |
| Vallejo Flood And Wastewater District | ** Support | |
| Valley Sanitary District | ** Support | |
| Valve Manufacturers Association | ** Against | |
| Water Replacement District of Southern California | ** Support | |
| Water Replenishment District | ** Support | |
| Water Replenishment District Of Southern California | ** Support | |
| WateReuse California | ** Support | |
| Western Growers Association | ** Against | |
| Western Municipal Water District | ** Support | |
| Western Plant Health Association | ** Against | |
| Western Plastics Association | ** Against | |
| Western Tree Nut Association | ** Against |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 682 |
VETO
Bill No: SB 682
Author: Allen (D)
Enrolled: 9/18/25
Vote: 27
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-3, 4/2/25
AYES: Blakespear, Gonzalez, Menjivar, Padilla, Pérez
NOES: Valladares, Dahle, Hurtado
SENATE HEALTH COMMITTEE: 7-2, 4/30/25
AYES: Menjivar, Durazo, Gonzalez, Limón, Padilla, Weber Pierson, Wiener
NOES: Valladares, Grove
NO VOTE RECORDED: Richardson, Rubio
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/23/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto
NO VOTE RECORDED: Dahle
SENATE FLOOR: 28-7, 6/3/25
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Smallwood-Cuevas, Stern, Strickland, Umberg, Wahab, Weber Pierson, Wiener
NOES: Choi, Dahle, Jones, Niello, Ochoa Bogh, Seyarto, Valladares
NO VOTE RECORDED: Alvarado-Gil, Grove, Reyes, Richardson, Rubio
SENATE FLOOR: 30-5, 9/13/25
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Grayson, Grove, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Reyes, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Wahab, Weber Pierson, Wiener
NOES: Dahle, Jones, Niello, Ochoa Bogh, Seyarto
NO VOTE RECORDED: Alvarado-Gil, Choi, Gonzalez, Richardson, Valladares
ASSEMBLY FLOOR: 45-21, 9/12/25 - See last page for vote
SUBJECT: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
SOURCE: Breast Cancer Prevention Partners; California Association of Sanitation Agencies; Clean Water Action; Environmental Working Group; Natural Resources Defense Council
DIGEST:
This bill prohibits a person from distributing, selling, or offering for sale five covered products that contain intentionally-added PFAS beginning January 1, 2028, and cookware containing intentionally-added PFAS beginning January 1, 2030.
ANALYSIS:
Existing law:
- Prohibits, on and after July 1, 2023, a person, including, but not limited to, a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added PFAS or PFAS at or above 100 parts per million (ppm), as measured in total organic fluorine. (Health and Safety Code (HSC) § 108946)
- Prohibits, on and after January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain intentionally added PFAS, or PFAS at or above 100 ppm, and on or after January 1, 2027, 50 ppm, as measured in total organic fluorine. (HSC § 108971)
- Prohibits, commencing January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any specified intentionally added ingredients, including some PFAS chemicals. (HSC § 108980 (a))
- Prohibits, commencing on January 1, 2023, a person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added PFAS or PFAS at or above 100 ppm, as measured in total organic fluorine. (HSC § 109000)
- Prohibits a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state, and prohibits a person from using in this state, class B firefighting foam containing intentionally added PFAS chemicals. (HSC § 13061 et seq.)
- Requires DTSC to adopt regulations for the enforcement of those prohibitions on the use of PFAS and enforce and ensure compliance with those provisions. (HSC § 108075)
- Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
- Requires the DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified.
- Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern.
- Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action to a prohibition of the chemical in the product.
This bill:
- Defines terms including, but not limited to: “2028 product”, “Cleaning product”, “Component”, “Cookware”, “Food packaging”, “Intentionally added PFAS”, “Juvenile product”, “PFAS”, “Product”, and “Ski wax”.
- Prohibits a person from distributing, selling, or offering for sale a 2028 product that contains intentionally added PFAS commencing January 1, 2028.
- Requires a cleaning product sold in the state on and after January 1, 2028, to comply with existing regulations regarding consumer products impacting air quality without the use of a regulatory variance.
- Prohibits a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS commencing January 1, 2030.
- Precludes cleaning products with inaccessible electronic or internal mechanical components containing intentionally added PFAS from violation of the prohibition if the cleaning product does not otherwise contain intentionally added PFAS.
- Defines “Inaccessible electronic component” and “Internal mechanical component”.
- Authorizes DTSC to request a statement of compliance and technical documentation from a manufacturer certifying that each covered product is in compliance with the applicable PFAS restriction.
- Authorizes DTSC to use any analytical test or certification determined by DTSC for manufacturer compliance to these provisions.
- Authorizes DTSC to adopt regulations to administer these provisions on or before January 1, 2029.
- Makes related findings and declarations.
Background
- A PFAS zoo. Per- and polyfluoroalkyl substances (PFAS) are a broad class of man-made chemicals consisting of chains with bonded carbon and fluorine atoms. Because of their physical and chemical nature, PFAS are very durable and resistant to heat, water and oil, making them extremely useful in many industrial, commercial, and medical applications. As a consequence of their durability, they are persistent, meaning that they do not degrade easily in the environment and can bioaccumulate in living things.[1],[2],[3] According to the U.S. Environmental Protection Agency (U.S. EPA), there are nearly 15,000 PFAS compounds and they can be categorized into non-polymeric PFAS and polymeric PFAS.
Non-polymeric PFAS are smaller and lighter, which allows them to disperse and exist in air, water and soils.3 This type of PFAS is water soluble and used for surface protection, as an additive in various products, and as a processing aid for polymeric PFAS.3 Since non-polymeric PFAS is used in various products, including common household products, it can contaminate the environment through domestic wastewater or disposal into landfills.[4] When used as an industrial processing aid or in the manufacturing process, non-polymeric PFAS is emitted or disposed of in effluent wastewater or waste or is leached from products.3
Polymeric PFAS, on the other hand, is heavier and consists of longer chains of fluorine and carbon. These chemicals are not soluble in water and it has been claimed that PFAS in this category are too large to penetrate cell membranes, which would prevent bioaccumulation.2,[5],[6] Some subsets of polymeric PFAS can degrade into non-polymeric PFAS, but others, namely fluoropolymers are more stable. Fluoropolymers are plastics that are used in a wide range of sectors, including but not limited to aerospace, automotive, building construction, chemical processing, electronics, and green energy technology.3 Fluoropolymers have been shown to satisfy the criteria for polymers of low concern (PLC) developed by the Organization for Economic Cooperation and Development, in which PLC are considered to have insignificant environmental and health impacts.2,[7] However, these evaluations do not consider life-cycle assessments of these products, as fluoropolymers may involve the release of non-polymeric PFAS during their production or manufacturing, leach non-polymeric PFAS if insufficiently treated, and degrade into microplastics during disposal.3,5,[8]
- Everything everywhere all at once: Exposure pathways & public health. The PFAS on or in products find many different ways into the environment throughout a product’s life cycle. PFAS compounds have been detected globally in soil, groundwater, and surface water. Plants can uptake PFAS and bioaccumulation can occur within their tissues and the animals that eat them. Primarily, human exposure occurs through consuming food and drinking water.4 The drinking water of at least 70 million Americans contains PFAS at levels high enough to require reporting under federal law. California has multiple water systems with PFAS levels that are at least double the reporting concentration level.[9] Exposure to certain PFAS may lead to adverse health outcomes, including reproductive and developmental effects, increased risk of cancer, suppressed immune systems, and endocrine disruption.[10]
- From a piecemeal approach to an umbrella ban. When it comes to products containing PFAS, California has taken a piecemeal approach through bans. The Legislature has enacted several PFAS prohibitions in the last several years. These include PFAS prohibitions at different levels across many product categories: a ban on PFAS in textiles (AB 1817, Ting, Chapter 762, Statutes of 2022); cosmetic products (AB 2771, Friedman, Chapter 804, Statutes of 2022); food packaging (AB 1200, Ting, Chapter 503, Statutes of 2021); new juvenile products (AB 652, Friedman, Chapter 500, Statutes of 2021); and, firefighting foam (SB 1044, Allen, Chapter 308, Statutes of 2020). Perhaps the intentions of these piecemeal approaches were to take an immediate focus on products that come into physical contact with our bodies, rid of the PFAS unnecessary for the function of the product, or address prohibitions in a less cumbersome way. SB 903 (Skinner, 2024) was bold to broaden the prohibition to all products, but it died in Senate Appropriations Committee. SB 903 lacked flexibility that would allow time for administrative procedures and industry innovation, especially for products in which PFAS is considered to be an essential use.
Prior to the Assembly amendments, this bill addressed these constraints with a tiered timeline and categorical approach for a more efficient review of petitions and an opportunity for industries to adjust. The Assembly amendments remove the petition process for exemptions and limit the prohibition on intentionally-added PFAS to six products, mirroring a piecemeal approach.
Whether the approach to prohibition is piecemeal or an umbrella, outright bans can be risky. There may not be enough time to find alternatives that are suitable for the product or public health, and in many cases, bans can result in the use of regrettable substitutions. Finding alternatives that fit the bill for the product function and public health takes time for in-depth, comprehensive research and thorough collaborative evaluations.
- DTSC Safer Consumer Products Program. DTSC administers the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, which aims to advance the design, development, and use of products that are chemically safer for people and the environment. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Under the SCP Program, all PFAS compounds are “Candidate Chemicals” because they exhibit specified hazardous traits.
DTSC has designated two product categories that contain PFAS as “Priority Products”: carpets/rugs and treatments for textiles or leathers. A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts on humans or the environment. Manufacturers of a Priority Product must submit an alternatives analysis which determines whether there are any safer alternatives to the Candidate Chemical in the product. The outcomes of the alternatives analysis could lead to alternative ingredients or product design or regulatory responses.
While SCP has been a helpful framework to eliminate PFAS in carpets, rugs, textiles, and leathers, critics have expressed concern that the program is too slow and not suitable to address the universe of products currently containing intentionally-added PFAS. The Legislature has been encouraged to take action through legislation on product-chemical combinations where the chemical of concern is considered unnecessary for the product’s function or where a safer alternative is known. This bill prohibits the use of intentionally-added PFAS from six products in which the use of PFAS is considered unnecessary or safer alternative chemicals or products are available.
Comments
- Purpose of this bill. According to the author, “SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals," in products. SB 682 will pragmatically shift California’s approach to PFAS to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue. California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from PFAS-associated health harms, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals.”
- How the costs of contamination trickles down. Part of the burden and responsibility to address PFAS contamination often falls on municipal drinking water and wastewater systems. The U.S. EPA requires these public systems to monitor their water and take action if the contamination exceeds the maximum contaminant levels (MCLs). With new developments in the research of exposure and health impacts of PFAS, the U.S. EPA can establish more stringent MCLs. By lowering this threshold, more public drinking water systems may exceed the MCL and would be considered in a health-based violation under the Safe Drinking Water Act. If a public water system does not comply with the required standards within a period of time, then state agencies can take enforcement actions, including administrative orders, legal actions, or issue fines.[11],[12] The costs of enforcement could then further inhibit the ability to comply. The financial burden of treatment can be shifted to the public, through increases in utility rates where possible or with state and federal funds. But in some cases, if water systems lack the ability to treat PFAS contamination, they may shut down, eliminating access to water supplies.
This bill proposes to prohibit the use of PFAS in products that are likely to contribute to contamination in wastewater. This bill promotes source reduction of toxic chemicals by mitigating contamination and the burdens that fall on municipal drinking water and wastewater systems.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, “DTSC will incur costs of an unknown, but potentially significant amount, to enforce the prohibitions established by this bill under the AB 347 framework (see background). DTSC has not yet received funding to implement AB 347; therefore, it is challenging to determine the incremental cost of implementing this bill. In later years, a portion of the department’s implementation costs may be offset by any administrative penalty revenue collected and deposited into the PFAS Enforcement Fund. The exact magnitude of DTSC’s costs is unknown and will depend on the scope and frequency of DTSC’s testing and enforcement in any given year.”
“For its part, if it is not allocated funding to implement AB 347, DTSC estimates costs of up to $3.8 million annually, including up to 12 staff, to implement this bill (Toxic Substances Control Account (TSCA), PFAS Enforcement Fund). The department notes that while this bill embeds additional products or product categories under the enforcement framework of AB 347, it exempts manufacturers of these products from AB 347’s registration requirements (including the payment of registration fees). DTSC notes its startup costs would require a loan from TSCA, which is supported by the Environmental Fee and annually adjusted by the Board of Environmental Safety (BES) at a rate sufficient to cover DTSC’s operations. DTSC anticipates BES would need to increase the fee by approximately 3% to generate sufficient revenues to fund the increased expenditures required to implement this bill and AB 347.”
“The Department of Justice anticipates costs of an unknown, but potentially significant amount, due to the potential for increased referrals from DTSC, its client agency (Legal Services Revolving Fund).”
SUPPORT: (Verified 10/15/25)
A Voice for Choice Advocacy
Alliance of Nurses for Healthy Environments
American College of Ob-gyn's District Ix
American Sustainable Business Network
Association of California Water Agencies
Azul
Bay Area Clean Water Agencies
Breast Cancer Prevention Partners
California Association of Sanitation Agencies
California Casa
California Democratic Party
California Health Coalition Advocacy
California Product Stewardship Council
California Professional Firefighters
California Safe Schools
California Safe Schools Coalition
California Stormwater Quality Association
Californians Against Waste
Calpirg
Center for Community Action and Environmental Justice
Center for Community Action and Environmental Justice
Center for Environmental Health
Center for Public Environmental Oversight
Central Contra Costa Sanitary District
City of Lomita
City of Roseville
City of Santa Rosa
City of Thousand Oaks
Clean Water Action
Climate Reality Project San Diego
Climate Reality Project San Fernando Valley Chapter
Climate Reality Project, Los Angeles Chapter
Climate Reality Project, Orange County
Coalition for Clean Air
Communitiy Water Center
Community Water Center
Dublin San Ramon Services District
East Bay Dischargers Authority
East Valley Water District
Eastern Municipal Water District
Educate. Advocate.
El Granada Advocates
Elsinore Valley Municipal Water District
Environmental Defense Fund
Environmental Working Group
Erin Brockovich Foundation
Facts Families Advocating for Chemical and Toxics Safety
Fairfield-suisun Sewer District
Go Green Initiative
Green Science Policy Institute
Inland Empire Utilities Agency
Integrated Resource Management
Jurupa Community Services District
Las Virgenes Municipal Water District
Leadership Counsel Action
League of California Cities
Los Angeles County Sanitation Districts
Los Angeles Waterkeeper
Monterey One Water
National Stewardship Action Council
Natural Resources Defense Council
Natural Resources Defense Council
Non-toxic Neighborhoods
Nrdc
Orange County Sanitation District
Physicians for Social Responsibility - Los Angeles
Physicians for Social Responsibility - San Francisco Bay
Physicians for Social Responsibility-los Angeles
Rancho California Water District
Recolte Energy
Resource Renewal Institute
Responsible Purchasing Network
Rethink Disposable
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Save the Bay
Sierra Club
Sierra Club California
Silicon Valley Clean Water
Socal 350 Climate Action
Stopwaste
Story of Stuff
Vallejo Flood and Wastewater District
Valley Sanitary District
Water Replenishment District of Southern California
Watereuse California
Western Municipal Water District
OPPOSITION: (Verified 10/15/25)
Advanced Medical Technology Association
African American Farmers of California
Agc
Agc America INC. And Subsidiaries
Agricultural Council of California
Air Conditioning, Heating and Refrigeration Institute
Alliance for Automotive Innovation
American Apparel & Footwear Association
American Chemistry Council
American Coatings Association
American Forest & Paper Association
American Fuel & Petrochemical Manufacturers
American Petroleum Institute
Animal Health Institute
Association of Equipment Manufacturers
Association of Home Appliance Manufacturers
Bio-process Systems Alliance
Biocom California
Building Owners and Managers Association of California
California Association of Pest Control Advisers
California Automotive Wholesalers' Association
California Building Industry Association
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Cotton Ginners & Growers Association
California Grocers Association
California Hispanic Chamber of Commerce
California Hydrogen Business Council
California League of Food Producers
California Life Sciences
California Manufacturers & Technology Association
California Metals Coalition
California New Car Dealers Association
California Restaurant Association
California Retailers Associaiton
California Retailers Association
California Tomato Growers Association
Can Manufacturers Institute
Center for Baby and Adult Hygiene Products
Chemical Industry Council of California
City of Fairfield
Coalition of Manufacturers of Complex Products
Communication Cable and Connectivity Association
Consumer Brands Association
Consumer Healthcare Products Association
Cookware Sustainability Alliance
Croplife America
Dairy Institute of California
European Federation of The Cookware, Cutlery and Houseware Industry
Flexible Packaging Association
Fluid Sealing Association
Fuel Cell and Hydrogen Energy Association
International Sleep Products Association
Juvenile Products Manufacturers Association
Lkq Corporation
Mema the Vehicle Supply Association
Naiop California
National Council of Textile Organizations
National Marine Manufacturers Association
Nisei Farmers League
North American Association of Food Equipment Manufacturers
Outdoor Power Equipment Institute
Personal Care Products Council
Plumbing Manufacturers International
Printing United Alliance
Recreational Off-highway Vehicle Association
Recreational Vehicle Institue of America
Responsible Industry for A Sound Environment - Rise
Rise
Rv Industry Association
Solar Energy Industry Association
Specialty Equipment Manufacturers Association
Specialty Equipment Market Association
Specialty Vehicle Institute of America
Spray Polyurethane Foam Alliance
Sustainable Pfas Action Network
The Cookware and Bakeware Alliance
The Toy Association
Truck and Engine Manufacturers Association
Valve Manufacturers Association
Western Growers Association
Western Plant Health Association
Western Plastics Association
Western Tree Nut Association
GOVERNOR'S VETO MESSAGE:
The bill, beginning January 1, 2028, prohibits a person from distributing, selling, or offering for sale a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as specified, that contains intentionally added PFAS. Additionally, this bill, beginning January 1, 2030, prohibits a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS.
I share the author's goal to protect human health and the environment by phasing out the use of PFAS in consumer products. However, the broad range of products that would be impacted by this bill would result in a sizable and rapid shift in cooking products available to Californians. I appreciate efforts to protect the health and safety of consumers, and while this bill is well-intentioned, I am deeply concerned about the impact this bill would have on the availability of affordable options in cooking products. I believe we must carefully consider the consequences that may result from a dramatic shift of products on our shelves.
I encourage the author and stakeholders to continue discussions in this space, while ensuring that we are not sacrificing the ability of Californians to afford household products like cookware with efforts to address the prevalence of PFAS.
For these reasons, I cannot sign this bill.
ASSEMBLY FLOOR: 45-21, 9/12/25
AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Connolly, Elhawary, Fong, Gabriel, Garcia, Haney, Harabedian, Hart, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Ortega, Papan, Patel, Pellerin, Ransom, Celeste Rodriguez, Rogers, Schiavo, Schultz, Solache, Stefani, Ward, Wicks, Zbur, Rivas
NOES: Alanis, Ávila Farías, Castillo, Chen, Davies, DeMaio, Dixon, Ellis, Flora, Gallagher, Jeff Gonzalez, Hadwick, Hoover, Johnson, Lackey, Macedo, Patterson, Petrie-Norris, Ta, Tangipa, Wallis
NO VOTE RECORDED: Bains, Gipson, Mark González, Nguyen, Pacheco, Quirk-Silva, Ramos, Michelle Rodriguez, Blanca Rubio, Sanchez, Sharp-Collins, Soria, Valencia, Wilson
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
10/16/25 10:10:47
**** END ****
National Institute of Environmental Health Sciences. (2025). Perfluoroalkyl and Polyfluoroalkly Substances. ↑
Henry, B. J., et. al. (2018). A critical review of the application of polymer of low concern. ↑
Jacobs, S. A., et. al. (2024). Assessment of Fluoropolymer Production and Use With Analysis of Alternative Replacement Materials. ↑
Kibuye, F. (2023). Understanding PFAS – What they are, their impact, and what we can do. ↑
Lohmann, R., et. al. (2020). Are fluoropolymers really of low concern for human and environmental health and separate from other PFAS? ↑
Améduri, B. (2023). Fluoropolymers as unique and irreplaceable materials: challenges and future trends in these specific per or poly-fluoroalkyl substances. ↑
OECD Task Force on New Chemicals Notification and Assessment. (2007). Data Analysis of the Identification of Correlations between Polymer Characteristics and Potential for Health or Ecotoxicological Concern. ↑
Lohmann, R., & Letcher, R. J. (2023). The universe of fluorinated polymers and polymeric substances and potential environmental impacts and concerns. ↑
Fast, A. et. al. (2024). 70 million Americans drink water from systems reporting PFAS to EPA. ↑
U.S. Environmental Protection Agency. (2024). Our Current Understanding of the Human Health and Environmental Risks of PFAS. ↑
U.S. Environmental Protection Agency (2024). Safe Drinking Water Act (SDWA) Resources and FAQs. ↑
U.S. Environmental Protection Agency (2004). Understanding the Safe Drinking Water Act. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 682 |
UNFINISHED BUSINESS
Bill No: SB 682
Author: Allen (D)
Amended: 9/9/25
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-3, 4/2/25
AYES: Blakespear, Gonzalez, Menjivar, Padilla, Pérez
NOES: Valladares, Dahle, Hurtado
SENATE HEALTH COMMITTEE: 7-2, 4/30/25
AYES: Menjivar, Durazo, Gonzalez, Limón, Padilla, Weber Pierson, Wiener
NOES: Valladares, Grove
NO VOTE RECORDED: Richardson, Rubio
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/23/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto
NO VOTE RECORDED: Dahle
SENATE FLOOR: 28-7, 6/3/25
AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Smallwood-Cuevas, Stern, Strickland, Umberg, Wahab, Weber Pierson, Wiener
NOES: Choi, Dahle, Jones, Niello, Ochoa Bogh, Seyarto, Valladares
NO VOTE RECORDED: Alvarado-Gil, Grove, Reyes, Richardson, Rubio
ASSEMBLY FLOOR: 41-19, 9/12/25 – Roll call vote not available
SUBJECT: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
SOURCE: Breast Cancer Prevention Partners
California Association of Sanitation Agencies
Clean Water Action
Environmental Working Group
Natural Resources Defense Council
DIGEST:
This bill prohibits a person from distributing, selling, or offering for sale six covered products that contain intentionally-added PFAS beginning January 1, 2028.
Assembly Amendments
limit the prohibition of intentionally-added PFAS to six product types, extend the prohibition date of five of the product types by one year to January 1, 2028, extend the prohibition date for cookware by three years to January 1, 2030, remove the petition process for a determination of currently unavoidable use, authorize (instead of require) DTSC to adopt regulations, and make various clarifying amendments, including amendments to require compliance with existing regulations without regulatory variances and exempting cleaning products with intentionally-added PFAS in its mechanical or electrical components.
ANALYSIS:
Existing law:
- Prohibits, on and after July 1, 2023, a person, including, but not limited to, a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added PFAS or PFAS at or above 100 parts per million (ppm), as measured in total organic fluorine. (Health and Safety Code (HSC) § 108946)
- Prohibits, on and after January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain intentionally added PFAS, or PFAS at or above 100 ppm, and on or after January 1, 2027, 50 ppm, as measured in total organic fluorine. (HSC § 108971)
- Prohibits, commencing January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any specified intentionally added ingredients, including some PFAS chemicals. (HSC § 108980 (a))
- Prohibits, commencing on January 1, 2023, a person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added PFAS or PFAS at or above 100 ppm, as measured in total organic fluorine. (HSC § 109000)
- Prohibits a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state, and prohibits a person from using in this state, class B firefighting foam containing intentionally added PFAS chemicals. (HSC § 13061 et seq.)
- Requires DTSC to adopt regulations for the enforcement of those prohibitions on the use of PFAS and enforce and ensure compliance with those provisions. (HSC § 108075)
- Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
- Requires the DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified.
- Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern.
- Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product.
This bill:
- Defines terms including, but not limited to: “2028 product”, “Cleaning product”, “Component”, “Cookware”, “Food packaging”, “Intentionally added PFAS”, “Juvenile product”, “PFAS”, “Product”, and “Ski wax”.
- Prohibits a person from distributing, selling, or offering for sale a 2028 product that contains intentionally added PFAS commencing January 1, 2028.
- Requires a cleaning product sold in the state on and after January 1, 2028, to comply with existing regulations regarding consumer products impacting air quality without the use of a regulatory variance.
- Prohibits a person from distributing, selling, or offering for sale cookware that contains intentionally added PFAS commencing January 1, 2030.
- Precludes cleaning products with inaccessible electronic or internal mechanical components containing intentionally added PFAS from violation of the prohibition if the cleaning product does not otherwise contain intentionally added PFAS.
- Defines “Inaccessible electronic component” and “Internal mechanical component”.
- Authorizes DTSC to request a statement of compliance and technical documentation from a manufacturer certifying that each covered product is in compliance with the applicable PFAS restriction.
- Authorizes DTSC to use any analytical test or certification determined by DTSC for manufacturer compliance to these provisions.
- Authorizes DTSC to adopt regulations to administer these provisions on or before January 1, 2029.
- Makes related findings and declarations.
Background
- A PFAS zoo. Per- and polyfluoroalkyl substances (PFAS) are a broad class of man-made chemicals consisting of chains with bonded carbon and fluorine atoms. Because of their physical and chemical nature, PFAS are very durable and resistant to heat, water and oil, making them extremely useful in many industrial, commercial, and medical applications. As a consequence of their durability, they are persistent, meaning that they do not degrade easily in the environment and can bioaccumulate in living things.[1],[2],[3] According to the U.S. Environmental Protection Agency (U.S. EPA), there are nearly 15,000 PFAS compounds and they can be categorized into non-polymeric PFAS and polymeric PFAS.
Non-polymeric PFAS are smaller and lighter, which allows them to disperse and exist in air, water and soils.3 This type of PFAS is water soluble and used for surface protection, as an additive in various products, and as a processing aid for polymeric PFAS.3 Since non-polymeric PFAS is used in various products, including common household products, it can contaminate the environment through domestic wastewater or disposal into landfills.[4] When used as an industrial processing aid or in the manufacturing process, non-polymeric PFAS is emitted or disposed of in effluent wastewater or waste or is leached from products.3
Polymeric PFAS, on the other hand, is heavier and consists of longer chains of fluorine and carbon. These chemicals are not soluble in water and it has been claimed that PFAS in this category are too large to penetrate cell membranes, which would prevent bioaccumulation.2,[5],[6] Some subsets of polymeric PFAS can degrade into non-polymeric PFAS, but others, namely fluoropolymers are more stable. Fluoropolymers are plastics that are used in a wide range of sectors, including but not limited to aerospace, automotive, building construction, chemical processing, electronics, and green energy technology.3 Fluoropolymers have been shown to satisfy the criteria for polymers of low concern (PLC) developed by the Organization for Economic Cooperation and Development, in which PLC are considered to have insignificant environmental and health impacts.2,[7] However, these evaluations do not consider life-cycle assessments of these products, as fluoropolymers may involve the release of non-polymeric PFAS during their production or manufacturing, leach non-polymeric PFAS if insufficiently treated, and degrade into microplastics during disposal.3,5,[8]
- Everything everywhere all at once: Exposure pathways & public health. The PFAS on or in products find many different ways into the environment throughout a product’s life cycle. PFAS compounds have been detected globally in soil, groundwater, and surface water. Plants can uptake PFAS and bioaccumulation can occur within their tissues and the animals that eat them. Primarily, human exposure occurs through consuming food and drinking water.4 The drinking water of at least 70 million Americans contains PFAS at levels high enough to require reporting under federal law. California has multiple water systems with PFAS levels that are at least double the reporting concentration level.[9] Exposure to certain PFAS may lead to adverse health outcomes, including reproductive and developmental effects, increased risk of cancer, suppressed immune systems, and endocrine disruption.[10]
- From a piecemeal approach to an umbrella ban. When it comes to products containing PFAS, California has taken a piecemeal approach through bans. The Legislature has enacted several PFAS prohibitions in the last several years. These include PFAS prohibitions at different levels across many product categories: a ban on PFAS in textiles (AB 1817, Ting, Chapter 762, Statutes of 2022); cosmetic products (AB 2771, Friedman, Chapter 804, Statutes of 2022); food packaging (AB 1200, Ting, Chapter 503, Statutes of 2021); new juvenile products (AB 652, Friedman, Chapter 500, Statutes of 2021); and, firefighting foam (SB 1044, Allen, Chapter 308, Statutes of 2020). Perhaps the intentions of these piecemeal approaches were to take an immediate focus on products that come into physical contact with our bodies, rid of the PFAS unnecessary for the function of the product, or address prohibitions in a less cumbersome way. SB 903 (Skinner, 2024) was bold to broaden the prohibition to all products, but it died in Senate Appropriations Committee. SB 903 lacked flexibility that would allow time for administrative procedures and industry innovation, especially for products in which PFAS is considered to be an essential use.
Prior to the Assembly amendments, this bill addressed these constraints with a tiered timeline and categorical approach for a more efficient review of petitions and an opportunity for industries to adjust. The Assembly amendments remove the petition process for exemptions and limit the prohibition on intentionally-added PFAS to six products, mirroring a piecemeal approach.
Whether the approach to prohibition is piecemeal or an umbrella, outright bans can be risky. There may not be enough time to find alternatives that are suitable for the product or public health, and in many cases, bans can result in the use of regrettable substitutions. Finding alternatives that fit the bill for the product function and public health takes time for in-depth, comprehensive research and thorough collaborative evaluations.
- DTSC Safer Consumer Products Program. DTSC administers the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, which aims to advance the design, development, and use of products that are chemically safer for people and the environment. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Under the SCP Program, all PFAS compounds are “Candidate Chemicals” because they exhibit specified hazardous traits.
DTSC has designated two product categories that contain PFAS as “Priority Products”: carpets/rugs and treatments for textiles or leathers. A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts on humans or the environment. Manufacturers of a Priority Product must submit an alternatives analysis which determines whether there are any safer alternatives to the Candidate Chemical in the product. The outcomes of the alternatives analysis could lead to alternative ingredients or product design or regulatory responses.
While SCP has been a helpful framework to eliminate PFAS in carpets, rugs, textiles, and leathers, critics have expressed concern that the program is too slow and not suitable to address the universe of products currently containing intentionally-added PFAS. The Legislature has been encouraged to take action through legislation on product-chemical combinations where the chemical of concern is considered unnecessary for the product’s function or where a safer alternative is known. This bill prohibits the use of intentionally-added PFAS from six products in which the use of PFAS is considered unnecessary or safer alternative chemicals or products are available.
Comments
- Purpose of Bill. According to the author, “SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals," in products. SB 682 will pragmatically shift California’s approach to PFAS to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue. California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from PFAS-associated health harms, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals.”
- How the costs of contamination trickles down. Part of the burden and responsibility to address PFAS contamination often falls on municipal drinking water and wastewater systems. The U.S. EPA requires these public systems to monitor their water and take action if the contamination exceeds the maximum contaminant levels (MCLs). With new developments in the research of exposure and health impacts of PFAS, the U.S. EPA can establish more stringent MCLs. By lowering this threshold, more public drinking water systems may exceed the MCL and would be considered in a health-based violation under the Safe Drinking Water Act. If a public water system does not comply with the required standards within a period of time, then state agencies can take enforcement actions, including administrative orders, legal actions, or issue fines.[11],[12] The costs of enforcement could then further inhibit the ability to comply. The financial burden of treatment can be shifted to the public, through increases in utility rates where possible or with state and federal funds. But in some cases, if water systems lack the ability to treat PFAS contamination, they may shut down, eliminating access to water supplies.
This bill proposes to prohibit the use of PFAS in products that are likely to contribute to contamination in wastewater. This bill promotes source reduction of toxic chemicals by mitigating contamination and the burdens that fall on municipal drinking water and wastewater systems.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, “DTSC will incur costs of an unknown, but potentially significant amount, to enforce the prohibitions established by this bill under the AB 347 framework (see background). DTSC has not yet received funding to implement AB 347; therefore, it is challenging to determine the incremental cost of implementing this bill. In later years, a portion of the department’s implementation costs may be offset by any administrative penalty revenue collected and deposited into the PFAS Enforcement Fund. The exact magnitude of DTSC’s costs is unknown and will depend on the scope and frequency of DTSC’s testing and enforcement in any given year.”
“For its part, if it is not allocated funding to implement AB 347, DTSC estimates costs of up to $3.8 million annually, including up to 12 staff, to implement this bill (Toxic Substances Control Account (TSCA), PFAS Enforcement Fund). The department notes that while this bill embeds additional products or product categories under the enforcement framework of AB 347, it exempts manufacturers of these products from AB 347’s registration requirements (including the payment of registration fees). DTSC notes its startup costs would require a loan from TSCA, which is supported by the Environmental Fee and annually adjusted by the Board of Environmental Safety (BES) at a rate sufficient to cover DTSC’s operations. DTSC anticipates BES would need to increase the fee by approximately 3% to generate sufficient revenues to fund the increased expenditures required to implement this bill and AB 347.”
“The Department of Justice anticipates costs of an unknown, but potentially significant amount, due to the potential for increased referrals from DTSC, its client agency (Legal Services Revolving Fund).”
SUPPORT: (Verified 9/12/25)
Breast Cancer Prevention Partners (co-source)
California Association of Sanitation Agencies (co-source)
Clean Water Action (co-source)
Environmental Working Group (co-source)
Natural Resources Defense Council (co-source)
A Voice for Choice Advocacy
Alliance of Nurses for Healthy Environments
American College of Ob-gyn's District Ix
American Sustainable Business Network
Association of California Water Agencies
Azul
Bay Area Clean Water Agencies
California Casa
California Democratic Party
California Health Coalition Advocacy
California Product Stewardship Council
California Professional Firefighters
California Safe Schools
California Safe Schools Coalition
California Stormwater Quality Association
Californians Against Waste
Calpirg
Center for Community Action and Environmental Justice
Center for Environmental Health
Center for Public Environmental Oversight
Central Contra Costa Sanitary District
City of Lomita
City of Roseville
City of Santa Rosa
City of Thousand Oaks
Cleanearth4kids.org
Climate Reality Project San Diego
Climate Reality Project San Fernando Valley Chapter
Climate Reality Project, Los Angeles Chapter
Climate Reality Project, Orange County
Coalition for Clean Air
Community Water Center
Dublin San Ramon Services District
East Bay Dischargers Authority
East Valley Water District
Eastern Municipal Water District
Educate. Advocate.
El Granada Advocates
Elsinore Valley Municipal Water District
Environmental Defense Fund
Environmental Working Group
Erin Brockovich Foundation
Facts Families Advocating for Chemical and Toxics Safety
Fairfield-suisun Sewer District
Go Green Initiative
Green Science Policy Institute
Inland Empire Utilities Agency
Integrated Resource Management
Jurupa Community Services District
Las Virgenes Municipal Water District
Leadership Counsel Action
League of California Cities
Los Angeles County Sanitation Districts
Los Angeles Waterkeeper
Monterey One Water
National Stewardship Action Council
Non-toxic Neighborhoods
Orange County Sanitation District
Physicians for Social Responsibility - Los Angeles
Physicians for Social Responsibility - San Francisco Bay
Rancho California Water District
Recolte Energy
Resource Renewal Institute
Responsible Purchasing Network
Rethink Disposable
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Save the Bay
Sierra Club
Sierra Club California
Silicon Valley Clean Water
Socal 350 Climate Action
Stopwaste
Story of Stuff
Vallejo Flood and Wastewater District
Valley Sanitary District
Water Replenishment District of Southern California
Watereuse California
Western Municipal Water District
OPPOSITION: (Verified 9/12/25)
Advanced Medical Technology Association
African American Farmers of California
Agc America INC. And Subsidiaries
Agricultural Council of California
Air Conditioning, Heating and Refrigeration Institute
Alliance for Automotive Innovation
American Apparel & Footwear Association
American Chemistry Council
American Coatings Association
American Forest & Paper Association
American Fuel & Petrochemical Manufacturers
American Petroleum Institute
Animal Health Institute
Association of Equipment Manufacturers
Association of Home Appliance Manufacturers
Bio-process Systems Alliance
Biocom California
Building Owners and Managers Association of California
California Association of Pest Control Advisers
California Automotive Wholesalers' Association
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Cotton Ginners & Growers Association
California Grocers Association
California Hispanic Chamber of Commerce
California Hydrogen Business Council
California League of Food Producers
California Life Sciences
California Manufacturers & Technology Association
California Metals Coalition
California New Car Dealers Association
California Restaurant Association
California Retailers Association
California Tomato Growers Association
Can Manufacturers Institute
Center for Baby and Adult Hygiene Products
Chemical Industry Council of California
City of Fairfield
Coalition of Manufacturers of Complex Products
Communication Cable and Connectivity Association
Consumer Brands Association
Consumer Healthcare Products Association
Cookware Sustainability Alliance
Croplife America
Dairy Institute of California
European Federation of The Cookware, Cutlery and Houseware Industry
Flexible Packaging Association
Fluid Sealing Association
Fuel Cell and Hydrogen Energy Association
International Sleep Products Association
Juvenile Products Manufacturers Association
Lkq Corporation
Mema the Vehicle Supply Association
Naiop California
National Council of Textile Organizations
National Marine Manufacturers Association
Nisei Farmers League
North American Association of Food Equipment Manufacturers
Outdoor Power Equipment Institute
Personal Care Products Council
Plumbing Manufacturers International
Printing United Alliance
Recreational Off-highway Vehicle Association
Recreational Vehicle Institue of America
Responsible Industry for A Sound Environment - Rise
Rise
Rv Industry Association
Solar Energy Industry Association
Specialty Equipment Manufacturers Association
Specialty Equipment Market Association
Specialty Vehicle Institute of America
Spray Polyurethane Foam Alliance
Sustainable Pfas Action Network
The Cookware and Bakeware Alliance
The Toy Association
Truck and Engine Manufacturers Association
Valve Manufacturers Association
Western Growers Association
Western Plant Health Association
Western Plastics Association
Western Tree Nut Association
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
9/12/25 21:30:10
**** END ****
National Institute of Environmental Health Sciences. (2025). Perfluoroalkyl and Polyfluoroalkly Substances. ↑
Henry, B. J., et. al. (2018). A critical review of the application of polymer of low concern. ↑
Jacobs, S. A., et. al. (2024). Assessment of Fluoropolymer Production and Use With Analysis of Alternative Replacement Materials. ↑
Kibuye, F. (2023). Understanding PFAS – What they are, their impact, and what we can do. ↑
Lohmann, R., et. al. (2020). Are fluoropolymers really of low concern for human and environmental health and separate from other PFAS? ↑
Améduri, B. (2023). Fluoropolymers as unique and irreplaceable materials: challenges and future trends in these specific per or poly-fluoroalkyl substances. ↑
OECD Task Force on New Chemicals Notification and Assessment. (2007). Data Analysis of the Identification of Correlations between Polymer Characteristics and Potential for Health or Ecotoxicological Concern. ↑
Lohmann, R., & Letcher, R. J. (2023). The universe of fluorinated polymers and polymeric substances and potential environmental impacts and concerns. ↑
Fast, A. et. al. (2024). 70 million Americans drink water from systems reporting PFAS to EPA. ↑
U.S. Environmental Protection Agency. (2024). Our Current Understanding of the Human Health and Environmental Risks of PFAS. ↑
U.S. Environmental Protection Agency (2024). Safe Drinking Water Act (SDWA) Resources and FAQs. ↑
U.S. Environmental Protection Agency (2004). Understanding the Safe Drinking Water Act. ↑
SENATE THIRD READING
STR Bill Id:SB 682
Author:(Allen)
As Amended Ver:September 9, 2025
Majority vote
SUMMARY
Prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as defined, that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Additionally, prohibits, on and after January 1, 2030, a person from distributing, selling, or offering for sale in the state cookware that contains intentionally added PFAS.
Major Provisions
COMMENTS
Perfluoroalkyl and polyfluoroalkyl substances (PFAS): PFAS are synthetic, highly fluorinated substances that have been widely used in industrial and consumer applications for their heat, water, and lipid resistance properties for more than seven decades. In consumer products, PFAS are used in carpets, furniture fabrics, apparel, paper packaging for food, non-stick cookware, personal care products, and other products designed to be waterproof; grease, heat, water and stain resistant; or, non-stick. Commercial applications span many sectors of the economy, including aerospace, automotive, building and construction, pharmaceuticals, medical devices, paints, electronics, semiconductors, energy, oil and gas exploration, first responder safety, firefighting foams, and health care. During production, use, and disposal, PFAS can migrate into the soil, water, and air. Some PFAS are volatile, and can be carried long distances through the air, leading to contamination of soils and groundwater far from the emission source. Researchers have found PFAS in indoor and outdoor environments, plants, soil, food, drinking water, wildlife, companion animals, production animals, and humans at locations across the nation and around the globe. PFAS are extremely persistent and degrade very slowly over time, which has resulted in their accumulation in the environment since the onset of their production in the late 1940s. Currently, nearly 15,000 PFAS chemicals are included in the chemicals database CompTox, which is maintained by the United States Environmental Protection Agency (US EPA).
Exposure to PFAS: The main route of exposure to PFAS is through ingestion of contaminated food or liquid (accounting for up to half of total exposure), through contact with consumer products, and through inhalation and ingestion of contaminated indoor air and dust. Food can become contaminated with PFAS through soil and water used to grow the food, food packaging containing PFAS, and equipment that uses PFAS during processing. Some foods, such as fish, meat, eggs, and leafy vegetables, may contain PFAS due to bioaccumulation and crop uptake. Studies have shown that PFAS can transfer from pregnant mothers to their fetuses via the placenta during gestation, as well as transfer from nursing mothers to their infants via breastfeeding. Dermal exposure is also possible when people touch products treated with PFAS, such as carpets or clothing. Young children may be exposed to higher levels of PFAS than adults because they ingest more dust containing PFAS and mouth PFAS-treated consumer products. Workers, such as carpet installers, carpet cleaners, firefighters, and workers in furniture, furnishings, outdoor clothing, and carpet stores, may also experience above average PFAS exposure levels.
Hazard traits of PFAS: According to the Department of Toxic Substances Control (DTSC), all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations (22 C.C.R Section 69401 et seq.). An intrinsic property of PFAS is the extreme environmental persistence of either the individual compounds or their degradation products or both, resulting in their classification as "forever chemicals." Most PFAS are mobile in environmental media such as air and water, and thus are widespread in living organisms and the environment.
Scientific studies have shown that exposure to some PFAS can lead to adverse health outcomes in humans and animals. DTSC states that if humans are exposed to PFAS through diet, drinking water, or inhalation, some of these chemicals remain in the body for a long time. As people continue to be exposed to PFAS, the PFAS levels in their bodies may increase to the point that they suffer adverse health effects.
Chemical bans and the Safer Consumer Products Program: In 2008, California enacted AB 1879 (Feuer and Huffman, Chapter 559, Statutes of 2008) to establish a regulatory process for identifying and prioritizing chemicals of concern in consumer products, to create methods for analyzing alternatives to existing hazardous chemicals, and to ultimately take regulatory action to reduce the level of harm from the chemicals in those products. DTSC did this by promulgating the Safer Consumer Products regulations, which took effect in October 2013. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm.
On July 1, 2021, DTSC designated carpets and rugs containing PFAS as a "Priority Product." A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts to humans or the environment. The Priority Product designation required domestic and foreign carpet and rug manufacturers that use PFAS and related chemicals in their products to submit information on all of the manufacturer's products that contain PFAS and are sold in California, by August 30, 2021. Manufacturers were then required to show intent to remove or replace PFAS in their products, remove the product from the market, or identify potential alternatives to PFAS to be used in the product by December 28, 2021. This process is ongoing.
In regulations that went into effect on April 1, 2022, DTSC also designated treatments containing PFAS for use on converted textiles or leathers such as carpets, upholstery, clothing, and shoes as a Priority Product. This process is ongoing as well.
Regulating PFAS as a class: DTSC adopted a rationale for regulating PFAS chemicals as a class, concluding, "it is both ineffective and impractical to regulate this complex class of chemicals with a piecemeal approach." This rationale was presented in the 2021, Environmental Health Perspectives article, "Regulating PFAS as a chemical class under the California Safer Consumer Products Program." The authors of the article state,
"The widespread use, large number, and diverse chemical structures of PFAS pose challenges to any sufficiently protective regulation, emissions reduction, and remediation at contaminated sites. Regulating only a subset of PFAS has led to their replacement with other members of the class with similar hazards, that is, regrettable substitutions. Regulations that focus solely on perfluoroalkyl acids (PFAAs) are ineffective, given that nearly all other PFAS can generate PFAAs in the environment… We at the California DTSC propose regulating certain consumer products if they contain any member of the class of PFAS because: a) all PFAS, or their degradation, reaction, or metabolism products, display at least one common hazard trait according to the California Code of Regulations, namely environmental persistence; and b) certain key PFAS that are the degradation, reaction or metabolism products, or impurities of nearly all other PFAS display additional hazard traits, including toxicity; are widespread in the environment, humans, and biota; and will continue to cause adverse impacts for as long as any PFAS continue to be used. Regulating PFAS as a class is thus logical, necessary, and forward-thinking."
Other researchers have made the case for managing PFAS as a chemical class, including in "Scientific Basis for Managing PFAS as a Chemical Class" published in 2020, in Environmental Science & Technology Letters, and "Strategies for grouping per- and polyfluoroalkyl substances (PFAS) to protect human and environmental health," also published in 2020, in Environmental Science: Processes & Impacts.
PFAS in cookware: While this bill prohibits PFAS in multiple consumer products, many stakeholder conversations have centered around the use of PFAS in cookware. Specifically, the conversations have focused on a specific PFAS known as polytetrafluoroethylene or PTFE, which is a fluoropolymer. Several studies have citied toxicity concerns with PTFE-coated non-stick cookware.
The article, "PTFE-coated non-stick cookware and toxicity concerns: a perspective, (Sajid, M., Ilyas, M.)," published in 2017 in Environmental Science and Pollution Research, states, "At normal cooking temperatures, PTFE-coated cookware releases various gases and chemicals that present mild to severe toxicity." According to the article, "Are Fluoropolymers Really of Low Concern for Human and Environmental Health and Separate from Other PFAS?", Lohmann, et. al, Environmental Science and Technology published in 2020, "The evidence reviewed in this analysis does not find a scientific rationale for concluding that fluoropolymers are of low concern for environmental and human health. Given fluoropolymers' extreme persistence; emissions associated with their production, use, and disposal; and a high likelihood for human exposure to PFAS, their production and uses should be curtailed except in cases of essential uses."
PFAS bans in other states: Below is a list of states that have banned PFAS in products that this bill is also proposing to ban. Please note that this is not an exhaustive list, and some of these states and other states have banned PFAS in other products. The date in ()'s is the date the PFAS was or will be banned.
- Cleaning products: Colorado (2026), Connecticut (2028), Maine (2028);
2) Cookware: Colorado (2026), Connecticut (2028), Maine (2028);
3) Dental Floss: Colorado (2026), Connecticut (2028), Maine (2028);
4) Food packaging: California (2023), Colorado (2024), Connecticut (2023), Hawaii (2024), Maine (2022), Maryland (2024);
5) Juvenile products: California (2023), Colorado (2024), Connecticut (2028), Maine (2026); and,
6) Ski wax: Colorado (2026), Connecticut (2028), Maine (2028).
This bill: SB 682, prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as defined, that contains intentionally added PFAS. Additionally, SB 682 prohibits, on and after January 1, 2030, a person from distributing, selling, or offering for sale in the state cookware that contains intentionally added PFAS. Based upon DTSC's conclusion that PFAS should be regulated as a class, the Legislature has banned PFAS (as a class, without any exemptions) in cosmetics, certain food packaging, certain juvenile products, menstrual products, and textiles. This bill expands on those prohibitions by adding several consumer products to the current prohibitions.
According to the Author
"SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as 'forever chemicals,' in products. SB 682 will pragmatically shift California to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue.
Manufacturers who wish to continue to use PFAS will have to demonstrate that the use of PFAS in their product is unavoidable, the function provided by PFAS in the product is necessary for the product to work, and the product is critical for the health, safety, or functioning of society. To ensure industries have sufficient time to comply, this bill includes three time periods to phase-in various products, beginning in 2027 with a handful of products with known PFAS-free alternatives and PFAS prohibitions in other states, 2035 for many other products, and finally 2040. To focus on PFAS chemicals contaminating our water, the 2035 and 2040 timelines apply to those that are water soluble, may release water soluble chemicals, or may decompose into water soluble chemicals.
California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from exposure to harmful chemicals, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals."
Arguments in Support
According to Breast Cancer Prevention Partners, California Association of Sanitation Agencies, Clean Water Action, Environmental Working Group, and the Natural Resources Defense Council,
"PFAS are a class of approximately 14,000 man-made chemicals. California, as well as 23 other states define PFAS as 'a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom'. The European Union uses a scientifically aligned definition. Extensive independent science demonstrates that all PFAS, whether they be 'long-chain', 'short-chain', or polymers like PTFE, commonly known as Teflon ®, persist and spread in the environment and can transform into other forms of PFAS that are well documented as being toxic. Health concerns linked with these chemicals include cancers, decreased fertility, hormone disruption, liver disease, developmental harm, and immune system suppression, including interference with the efficacy of vaccines. For this reason, all of California's PFAS restrictions regulate PFAS as a class, including polymers. The scientific community supports a strong science-based PFAS definition (for example, see this open letter from 160+ scientists from around the world that states, 'any PFAS definition grounded in science must include all PFAS polymers.') and the class-based management of PFAS. DTSC also regulates PFAS as a class and has published a scientific paper articulating the rationale for doing so.
The good news is that restricting PFAS use works. California (and other states) have demonstrated this by banning unnecessary PFAS use in many product categories, including textiles, fire-fighting foam, certain children's products, paper-based food-packaging, cosmetics, and more. SB 682 will build on that progress, and help in relieving the heavy economic burden on water agencies and their rate payers.
While cleanup of drinking water is essential for the 25 million Californians with PFAS detections in their water sources, the cost of continued PFAS use in consumer products will only exacerbate the costs to drinking and wastewater agencies, and ultimately ratepayers. More than $500 million has already been spent addressing PFAS contamination in our state, with another $1.13 billion in planned projects. Drinking water remediation for just a handful of PFAS alone could conservatively cost local utilities between $161 million and $217 million annually. Worse, the social costs extend far beyond water bills. PFAS-related healthcare burdens are staggering, again conservatively estimated to cost Californians between $5.5 and $8.7 billion annually (only a few of the many health impacts from the most well-known PFAS have been quantified). For these reasons, it is imperative that the state acts boldly and phases out unnecessary uses of PFAS.
SB 682 will serve the interests of the state by protecting public health, drinking water, and the environment, and reducing long term public costs and impacts to the state."
Arguments in Opposition
According to the Cookware Sustainability Alliance (CSA),
"The CSA was created to express strong concern about the policy and scientific misinterpretations behind legislative proposals to ban products containing per- and polyfluoroalkyl substances (PFAS). Importantly, fluoropolymers and nonstick cookware are approved for use in food preparation by the U.S. Food & Drug Administration (U.S. FDA), European regulatory bodies, as well as decades of sound scientific research. The CSA is made up of companies with a significant stake in the nonstick cookware category, aimed at setting the record straight and emphasizing the science that underpins fluoropolymer cookware safety.
Non-stick cookware contains a specific subfamily of PFAS called fluoropolymers. The fluoropolymers used by our industry, primarily polytetrafluoroethylene (PTFE), do not have the same characteristics of nonpolymeric PFAS of concern, which should be the focus of environmental and public health policy. Fluoropolymers are extremely large and stable compounds.
It is important to acknowledge that since the mid-20th century, PTFE has played a vital role in the technological advancements of many industrial and consumer products. Moreover, over the past several years, chemical manufacturers that supply the cookware industry with PTFE have implemented significant changes to their manufacturing processes. Technologies now exist and are implemented to manufacture PTFE without the use of fluorosurfactant processing aids. Also, those manufacturers who may continue to make fluoropolymers via the use of fluorosurfactant processing aids now include additional steps to ensure negligible remaining non-polymer PFAS are entrained in the final fluoropolymer product. These recent developments in the manufacturing process for PTFE and other fluoropolymer cookware ensure that they are not a health effects concern to humans or the environment."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, enactment of this bill could cost DTSC an unknown, but potentially significant amount, to enforce the prohibitions established by this bill under the AB 347 (Ting, Chapter 932, Statutes of 2024) framework. DTSC has not yet received funding to implement AB 347; therefore, it is challenging to determine the incremental cost of implementing this bill. If it is not allocated funding to implement AB 347, DTSC estimates costs of up to $3.8 million annually, including up to 12 staff, to implement this bill.
VOTES
SENATE FLOOR: 28-7-5
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Smallwood-Cuevas, Stern, Strickland, Umberg, Wahab, Weber Pierson, Wiener
NO: Choi, Dahle, Jones, Niello, Ochoa Bogh, Seyarto, Valladares
ABS, ABST OR NV: Alvarado-Gil, Grove, Reyes, Richardson, Rubio
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-2-0
YES: Connolly, Bauer-Kahan, Lee, McKinnor, Papan
NO: Ellis, Castillo
ASM APPROPRIATIONS: 9-3-3
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Ahrens, Pellerin, Solache
NO: Dixon, Ta, Tangipa
ABS, ABST OR NV: Sanchez, Mark González, Pacheco
UPDATED
VERSION: September 9, 2025
CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0001914
SENATE THIRD READING
STR Bill Id:SB 682
Author:(Allen)
As Amended Ver:September 04, 2025
Majority vote
SUMMARY
Prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as defined, that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Additionally, prohibits, on and after January 1, 2030, a person from distributing, selling, or offering for sale in the state cookware that contains intentionally added PFAS.
Major Provisions
COMMENTS
Perfluoroalkyl and polyfluoroalkyl substances (PFAS): PFAS are synthetic, highly fluorinated substances that have been widely used in industrial and consumer applications for their heat, water, and lipid resistance properties for more than seven decades. In consumer products, PFAS are used in carpets, furniture fabrics, apparel, paper packaging for food, non-stick cookware, personal care products, and other products designed to be waterproof; grease, heat, water and stain resistant; or, non-stick. Commercial applications span many sectors of the economy, including aerospace, automotive, building and construction, pharmaceuticals, medical devices, paints, electronics, semiconductors, energy, oil and gas exploration, first responder safety, firefighting foams, and health care. During production, use, and disposal, PFAS can migrate into the soil, water, and air. Some PFAS are volatile, and can be carried long distances through the air, leading to contamination of soils and groundwater far from the emission source. Researchers have found PFAS in indoor and outdoor environments, plants, soil, food, drinking water, wildlife, companion animals, production animals, and humans at locations across the nation and around the globe. PFAS are extremely persistent and degrade very slowly over time, which has resulted in their accumulation in the environment since the onset of their production in the late 1940s. Currently, nearly 15,000 PFAS chemicals are included in the chemicals database CompTox, which is maintained by the United States Environmental Protection Agency (US EPA).
Exposure to PFAS: The main route of exposure to PFAS is through ingestion of contaminated food or liquid (accounting for up to half of total exposure), through contact with consumer products, and through inhalation and ingestion of contaminated indoor air and dust. Food can become contaminated with PFAS through soil and water used to grow the food, food packaging containing PFAS, and equipment that uses PFAS during processing. Some foods, such as fish, meat, eggs, and leafy vegetables, may contain PFAS due to bioaccumulation and crop uptake. Studies have shown that PFAS can transfer from pregnant mothers to their fetuses via the placenta during gestation, as well as transfer from nursing mothers to their infants via breastfeeding. Dermal exposure is also possible when people touch products treated with PFAS, such as carpets or clothing. Young children may be exposed to higher levels of PFAS than adults because they ingest more dust containing PFAS and mouth PFAS-treated consumer products. Workers, such as carpet installers, carpet cleaners, firefighters, and workers in furniture, furnishings, outdoor clothing, and carpet stores, may also experience above average PFAS exposure levels.
Hazard traits of PFAS: According to the Department of Toxic Substances Control (DTSC), all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations (22 C.C.R § 69401 et seq.). An intrinsic property of PFAS is the extreme environmental persistence of either the individual compounds or their degradation products or both, resulting in their classification as "forever chemicals." Most PFAS are mobile in environmental media such as air and water, and thus are widespread in living organisms and the environment.
Scientific studies have shown that exposure to some PFAS can lead to adverse health outcomes in humans and animals. DTSC states that if humans are exposed to PFAS through diet, drinking water, or inhalation, some of these chemicals remain in the body for a long time. As people continue to be exposed to PFAS, the PFAS levels in their bodies may increase to the point that they suffer adverse health effects.
Chemical bans and the Safer Consumer Products Program: In 2008, California enacted AB 1879 (Feuer and Huffman, Chapter 559, Statutes of 2008) to establish a regulatory process for identifying and prioritizing chemicals of concern in consumer products, to create methods for analyzing alternatives to existing hazardous chemicals, and to ultimately take regulatory action to reduce the level of harm from the chemicals in those products. DTSC did this by promulgating the Safer Consumer Products regulations, which took effect in October 2013. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm.
On July 1, 2021, DTSC designated carpets and rugs containing PFAS as a "Priority Product." A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts to humans or the environment. The Priority Product designation required domestic and foreign carpet and rug manufacturers that use PFAS and related chemicals in their products to submit information on all of the manufacturer's products that contain PFAS and are sold in California, by August 30, 2021. Manufacturers were then required to show intent to remove or replace PFAS in their products, remove the product from the market, or identify potential alternatives to PFAS to be used in the product by December 28, 2021. This process is ongoing.
In regulations that went into effect on April 1, 2022, DTSC also designated treatments containing PFAS for use on converted textiles or leathers such as carpets, upholstery, clothing, and shoes as a Priority Product. This process is ongoing as well.
Regulating PFAS as a class: DTSC adopted a rationale for regulating PFAS chemicals as a class, concluding, "it is both ineffective and impractical to regulate this complex class of chemicals with a piecemeal approach." This rationale was presented in the 2021, Environmental Health Perspectives article, "Regulating PFAS as a chemical class under the California Safer Consumer Products Program." The authors of the article state,
"The widespread use, large number, and diverse chemical structures of PFAS pose challenges to any sufficiently protective regulation, emissions reduction, and remediation at contaminated sites. Regulating only a subset of PFAS has led to their replacement with other members of the class with similar hazards, that is, regrettable substitutions. Regulations that focus solely on perfluoroalkyl acids (PFAAs) are ineffective, given that nearly all other PFAS can generate PFAAs in the environment… We at the California DTSC propose regulating certain consumer products if they contain any member of the class of PFAS because: a) all PFAS, or their degradation, reaction, or metabolism products, display at least one common hazard trait according to the California Code of Regulations, namely environmental persistence; and b) certain key PFAS that are the degradation, reaction or metabolism products, or impurities of nearly all other PFAS display additional hazard traits, including toxicity; are widespread in the environment, humans, and biota; and will continue to cause adverse impacts for as long as any PFAS continue to be used. Regulating PFAS as a class is thus logical, necessary, and forward-thinking."
Other researchers have made the case for managing PFAS as a chemical class, including in "Scientific Basis for Managing PFAS as a Chemical Class" published in 2020, in Environmental Science & Technology Letters, and "Strategies for grouping per- and polyfluoroalkyl substances (PFAS) to protect human and environmental health," also published in 2020, in Environmental Science: Processes & Impacts.
PFAS in cookware: While this bill prohibits PFAS in multiple consumer products, many stakeholder conversations have centered around the use of PFAS in cookware. Specifically, the conversations have focused on a specific PFAS known as polytetrafluoroethylene or PTFE, which is a fluoropolymer. Several studies have citied toxicity concerns with PTFE-coated non-stick cookware.
The article, "PTFE-coated non-stick cookware and toxicity concerns: a perspective, (Sajid, M., Ilyas, M.)," published in 2017 in Environmental Science and Pollution Research, states, "At normal cooking temperatures, PTFE-coated cookware releases various gases and chemicals that present mild to severe toxicity." According to the article, "Are Fluoropolymers Really of Low Concern for Human and Environmental Health and Separate from Other PFAS?", Lohmann, et. al, Environmental Science and Technology published in 2020, "The evidence reviewed in this analysis does not find a scientific rationale for concluding that fluoropolymers are of low concern for environmental and human health. Given fluoropolymers' extreme persistence; emissions associated with their production, use, and disposal; and a high likelihood for human exposure to PFAS, their production and uses should be curtailed except in cases of essential uses."
PFAS bans in other states: Below is a list of states that have banned PFAS in products that this bill is also proposing to ban. Please note that this is not an exhaustive list, and some of these states and other states have banned PFAS in other products. The date in ()'s is the date the PFAS was or will be banned.
- Cleaning products: Colorado (2026), Connecticut (2028), Maine (2028);
- Cookware: Colorado (2026), Connecticut (2028), Maine (2028);
- Dental Floss: Colorado (2026), Connecticut (2028), Maine (2028);
- Food packaging: California (2023), Colorado (2024), Connecticut (2023), Hawaii (2024), Maine (2022), Maryland (2024);
- Juvenile products: California (2023), Colorado (2024), Connecticut (2028), Maine (2026); and,
- Ski wax: Colorado (2026), Connecticut (2028), Maine (2028).
This bill: SB 682, prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as defined, that contains intentionally added PFAS. Additionally, SB 682 prohibits, on and after January 1, 2030, a person from distributing, selling, or offering for sale in the state cookware that contains intentionally added PFAS. Based upon DTSC's conclusion that PFAS should be regulated as a class, the Legislature has banned PFAS (as a class, without any exemptions) in cosmetics, certain food packaging, certain juvenile products, menstrual products, and textiles. This bill expands on those prohibitions by adding several consumer products to the current prohibitions.
According to the Author
"SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as 'forever chemicals,' in products. SB 682 will pragmatically shift California to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue.
Manufacturers who wish to continue to use PFAS will have to demonstrate that the use of PFAS in their product is unavoidable, the function provided by PFAS in the product is necessary for the product to work, and the product is critical for the health, safety, or functioning of society. To ensure industries have sufficient time to comply, this bill includes three time periods to phase-in various products, beginning in 2027 with a handful of products with known PFAS-free alternatives and PFAS prohibitions in other states, 2035 for many other products, and finally 2040. To focus on PFAS chemicals contaminating our water, the 2035 and 2040 timelines apply to those that are water soluble, may release water soluble chemicals, or may decompose into water soluble chemicals.
California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from exposure to harmful chemicals, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals."
Arguments in Support
According to Breast Cancer Prevention Partners, California Association of Sanitation Agencies, Clean Water Action, Environmental Working Group, and the Natural Resources Defense Council,
"PFAS are a class of approximately 14,000 man-made chemicals. California, as well as 23 other states define PFAS as 'a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom'. The European Union uses a scientifically aligned definition. Extensive independent science demonstrates that all PFAS, whether they be 'long-chain', 'short-chain', or polymers like PTFE, commonly known as Teflon ®, persist and spread in the environment and can transform into other forms of PFAS that are well documented as being toxic. Health concerns linked with these chemicals include cancers, decreased fertility, hormone disruption, liver disease, developmental harm, and immune system suppression, including interference with the efficacy of vaccines. For this reason, all of California's PFAS restrictions regulate PFAS as a class, including polymers. The scientific community supports a strong science-based PFAS definition (for example, see this open letter from 160+ scientists from around the world that states, 'any PFAS definition grounded in science must include all PFAS polymers.') and the class-based management of PFAS. DTSC also regulates PFAS as a class and has published a scientific paper articulating the rationale for doing so.
The good news is that restricting PFAS use works. California (and other states) have demonstrated this by banning unnecessary PFAS use in many product categories, including textiles, fire-fighting foam, certain children's products, paper-based food-packaging, cosmetics, and more. SB 682 will build on that progress, and help in relieving the heavy economic burden on water agencies and their rate payers.
While cleanup of drinking water is essential for the 25 million Californians with PFAS detections in their water sources, the cost of continued PFAS use in consumer products will only exacerbate the costs to drinking and wastewater agencies, and ultimately ratepayers. More than $500 million has already been spent addressing PFAS contamination in our state, with another $1.13 billion in planned projects. Drinking water remediation for just a handful of PFAS alone could conservatively cost local utilities between $161 million and $217 million annually. Worse, the social costs extend far beyond water bills. PFAS-related healthcare burdens are staggering, again conservatively estimated to cost Californians between $5.5 and $8.7 billion annually (only a few of the many health impacts from the most well-known PFAS have been quantified). For these reasons, it is imperative that the state acts boldly and phases out unnecessary uses of PFAS.
SB 682 will serve the interests of the state by protecting public health, drinking water, and the environment, and reducing long term public costs and impacts to the state."
Arguments in Opposition
According to the Cookware Sustainability Alliance (CSA),
"The CSA was created to express strong concern about the policy and scientific misinterpretations behind legislative proposals to ban products containing per- and polyfluoroalkyl substances (PFAS). Importantly, fluoropolymers and nonstick cookware are approved for use in food preparation by the U.S. Food & Drug Administration (U.S. FDA), European regulatory bodies, as well as decades of sound scientific research. The CSA is made up of companies with a significant stake in the nonstick cookware category, aimed at setting the record straight and emphasizing the science that underpins fluoropolymer cookware safety.
Non-stick cookware contains a specific subfamily of PFAS called fluoropolymers. The fluoropolymers used by our industry, primarily polytetrafluoroethylene (PTFE), do not have the same characteristics of nonpolymeric PFAS of concern, which should be the focus of environmental and public health policy. Fluoropolymers are extremely large and stable compounds.
It is important to acknowledge that since the mid-20th century, PTFE has played a vital role in the technological advancements of many industrial and consumer products. Moreover, over the past several years, chemical manufacturers that supply the cookware industry with PTFE have implemented significant changes to their manufacturing processes. Technologies now exist and are implemented to manufacture PTFE without the use of fluorosurfactant processing aids. Also, those manufacturers who may continue to make fluoropolymers via the use of fluorosurfactant processing aids now include additional steps to ensure negligible remaining non-polymer PFAS are entrained in the final fluoropolymer product. These recent developments in the manufacturing process for PTFE and other fluoropolymer cookware ensure that they are not a health effects concern to humans or the environment."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, enactment of this bill could cost DTSC an unknown, but potentially significant amount, to enforce the prohibitions established by this bill under the AB 347 (Ting, Chapter 932, Statutes of 2024) framework. DTSC has not yet received funding to implement AB 347; therefore, it is challenging to determine the incremental cost of implementing this bill. If it is not allocated funding to implement AB 347, DTSC estimates costs of up to $3.8 million annually, including up to 12 staff, to implement this bill.
VOTES
SENATE FLOOR: 28-7-5
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Smallwood-Cuevas, Stern, Strickland, Umberg, Wahab, Weber Pierson, Wiener
NO: Choi, Dahle, Jones, Niello, Ochoa Bogh, Seyarto, Valladares
ABS, ABST OR NV: Alvarado-Gil, Grove, Reyes, Richardson, Rubio
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-2-0
YES: Connolly, Bauer-Kahan, Lee, McKinnor, Papan
NO: Ellis, Castillo
ASM APPROPRIATIONS: 9-3-3
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Ahrens, Pellerin, Solache
NO: Dixon, Ta, Tangipa
ABS, ABST OR NV: Sanchez, Mark González, Pacheco
UPDATED
VERSION: September 04, 2025
CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0001643
SENATE THIRD READING
STR Bill Id:SB 682
Author:(Allen)
As Amended Ver:September 02, 2025
Majority vote
SUMMARY
Prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as defined, that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Additionally, prohibits, on and after January 1, 2030, a person from distributing, selling, or offering for sale in the state cookware that contains intentionally added PFAS.
Major Provisions
COMMENTS
Perfluoroalkyl and polyfluoroalkyl substances (PFAS): PFAS are synthetic, highly fluorinated substances that have been widely used in industrial and consumer applications for their heat, water, and lipid resistance properties for more than seven decades. In consumer products, PFAS are used in carpets, furniture fabrics, apparel, paper packaging for food, non-stick cookware, personal care products, and other products designed to be waterproof; grease, heat, water and stain resistant; or, non-stick. Commercial applications span many sectors of the economy, including aerospace, automotive, building and construction, pharmaceuticals, medical devices, paints, electronics, semiconductors, energy, oil and gas exploration, first responder safety, firefighting foams, and health care. During production, use, and disposal, PFAS can migrate into the soil, water, and air. Some PFAS are volatile, and can be carried long distances through the air, leading to contamination of soils and groundwater far from the emission source. Researchers have found PFAS in indoor and outdoor environments, plants, soil, food, drinking water, wildlife, companion animals, production animals, and humans at locations across the nation and around the globe. PFAS are extremely persistent and degrade very slowly over time, which has resulted in their accumulation in the environment since the onset of their production in the late 1940s. Currently, nearly 15,000 PFAS chemicals are included in the chemicals database CompTox, which is maintained by the United States Environmental Protection Agency (US EPA).
Exposure to PFAS: The main route of exposure to PFAS is through ingestion of contaminated food or liquid (accounting for up to half of total exposure), through contact with consumer products, and through inhalation and ingestion of contaminated indoor air and dust. Food can become contaminated with PFAS through soil and water used to grow the food, food packaging containing PFAS, and equipment that uses PFAS during processing. Some foods, such as fish, meat, eggs, and leafy vegetables, may contain PFAS due to bioaccumulation and crop uptake. Studies have shown that PFAS can transfer from pregnant mothers to their fetuses via the placenta during gestation, as well as transfer from nursing mothers to their infants via breastfeeding. Dermal exposure is also possible when people touch products treated with PFAS, such as carpets or clothing. Young children may be exposed to higher levels of PFAS than adults because they ingest more dust containing PFAS and mouth PFAS-treated consumer products. Workers, such as carpet installers, carpet cleaners, firefighters, and workers in furniture, furnishings, outdoor clothing, and carpet stores, may also experience above average PFAS exposure levels.
Hazard traits of PFAS: According to the Department of Toxic Substances Control (DTSC), all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations (22 C.C.R Section 69401 et seq.). An intrinsic property of PFAS is the extreme environmental persistence of either the individual compounds or their degradation products or both, resulting in their classification as "forever chemicals." Most PFAS are mobile in environmental media such as air and water, and thus are widespread in living organisms and the environment.
Scientific studies have shown that exposure to some PFAS can lead to adverse health outcomes in humans and animals. DTSC states that if humans are exposed to PFAS through diet, drinking water, or inhalation, some of these chemicals remain in the body for a long time. As people continue to be exposed to PFAS, the PFAS levels in their bodies may increase to the point that they suffer adverse health effects.
Chemical bans and the Safer Consumer Products Program: In 2008, California enacted AB 1879 (Feuer and Huffman, Chapter 559, Statutes of 2008) to establish a regulatory process for identifying and prioritizing chemicals of concern in consumer products, to create methods for analyzing alternatives to existing hazardous chemicals, and to ultimately take regulatory action to reduce the level of harm from the chemicals in those products. DTSC did this by promulgating the Safer Consumer Products regulations, which took effect in October 2013. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm.
On July 1, 2021, DTSC designated carpets and rugs containing PFAS as a "Priority Product." A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts to humans or the environment. The Priority Product designation required domestic and foreign carpet and rug manufacturers that use PFAS and related chemicals in their products to submit information on all of the manufacturer's products that contain PFAS and are sold in California, by August 30, 2021. Manufacturers were then required to show intent to remove or replace PFAS in their products, remove the product from the market, or identify potential alternatives to PFAS to be used in the product by December 28, 2021. This process is ongoing.
In regulations that went into effect on April 1, 2022, DTSC also designated treatments containing PFAS for use on converted textiles or leathers such as carpets, upholstery, clothing, and shoes as a Priority Product. This process is ongoing as well.
Regulating PFAS as a class: DTSC adopted a rationale for regulating PFAS chemicals as a class, concluding, "it is both ineffective and impractical to regulate this complex class of chemicals with a piecemeal approach." This rationale was presented in the 2021, Environmental Health Perspectives article, "Regulating PFAS as a chemical class under the California Safer Consumer Products Program." The authors of the article state,
"The widespread use, large number, and diverse chemical structures of PFAS pose challenges to any sufficiently protective regulation, emissions reduction, and remediation at contaminated sites. Regulating only a subset of PFAS has led to their replacement with other members of the class with similar hazards, that is, regrettable substitutions. Regulations that focus solely on perfluoroalkyl acids (PFAAs) are ineffective, given that nearly all other PFAS can generate PFAAs in the environment… We at the California DTSC propose regulating certain consumer products if they contain any member of the class of PFAS because: a) all PFAS, or their degradation, reaction, or metabolism products, display at least one common hazard trait according to the California Code of Regulations, namely environmental persistence; and b) certain key PFAS that are the degradation, reaction or metabolism products, or impurities of nearly all other PFAS display additional hazard traits, including toxicity; are widespread in the environment, humans, and biota; and will continue to cause adverse impacts for as long as any PFAS continue to be used. Regulating PFAS as a class is thus logical, necessary, and forward-thinking."
Other researchers have made the case for managing PFAS as a chemical class, including in "Scientific Basis for Managing PFAS as a Chemical Class" published in 2020, in Environmental Science & Technology Letters, and "Strategies for grouping per- and polyfluoroalkyl substances (PFAS) to protect human and environmental health," also published in 2020, in Environmental Science: Processes & Impacts.
PFAS in cookware: While this bill prohibits PFAS in multiple consumer products, many stakeholder conversations have centered around the use of PFAS in cookware. Specifically, the conversations have focused on a specific PFAS known as polytetrafluoroethylene or PTFE, which is a fluoropolymer. Several studies have citied toxicity concerns with PTFE-coated non-stick cookware.
The article, "PTFE-coated non-stick cookware and toxicity concerns: a perspective, (Sajid, M., Ilyas, M.)," published in 2017 in Environmental Science and Pollution Research, states, "At normal cooking temperatures, PTFE-coated cookware releases various gases and chemicals that present mild to severe toxicity." According to the article, "Are Fluoropolymers Really of Low Concern for Human and Environmental Health and Separate from Other PFAS?", Lohmann, et. al, Environmental Science and Technology published in 2020, "The evidence reviewed in this analysis does not find a scientific rationale for concluding that fluoropolymers are of low concern for environmental and human health. Given fluoropolymers' extreme persistence; emissions associated with their production, use, and disposal; and a high likelihood for human exposure to PFAS, their production and uses should be curtailed except in cases of essential uses."
PFAS bans in other states: Below is a list of states that have banned PFAS in products that this bill is also proposing to ban. Please note that this is not an exhaustive list, and some of these states and other states have banned PFAS in other products. The date in ()'s is the date the PFAS was or will be banned.
1) Cleaning products: Colorado (2026), Connecticut (2028), Maine (2028);
2) Cookware: Colorado (2026), Connecticut (2028), Maine (2028);
3) Dental Floss: Colorado (2026), Connecticut (2028), Maine (2028);
4) Food packaging: California (2023), Colorado (2024), Connecticut (2023), Hawaii (2024), Maine (2022), Maryland (2024);
5) Juvenile products: California (2023), Colorado (2024), Connecticut (2028), Maine (2026); and,
6) Ski wax: Colorado (2026), Connecticut (2028), Maine (2028).
This bill: SB 682, prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, dental floss, juvenile product, food packaging, or ski wax, as defined, that contains intentionally added PFAS. Additionally, SB 682 prohibits, on and after January 1, 2030, a person from distributing, selling, or offering for sale in the state cookware that contains intentionally added PFAS. Based upon DTSC's conclusion that PFAS should be regulated as a class, the Legislature has banned PFAS (as a class, without any exemptions) in cosmetics, certain food packaging, certain juvenile products, menstrual products, and textiles. This bill expands on those prohibitions by adding several consumer products to the current prohibitions.
According to the Author
"SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as 'forever chemicals,' in products. SB 682 will pragmatically shift California to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue.
Manufacturers who wish to continue to use PFAS will have to demonstrate that the use of PFAS in their product is unavoidable, the function provided by PFAS in the product is necessary for the product to work, and the product is critical for the health, safety, or functioning of society. To ensure industries have sufficient time to comply, this bill includes three time periods to phase-in various products, beginning in 2027 with a handful of products with known PFAS-free alternatives and PFAS prohibitions in other states, 2035 for many other products, and finally 2040. To focus on PFAS chemicals contaminating our water, the 2035 and 2040 timelines apply to those that are water soluble, may release water soluble chemicals, or may decompose into water soluble chemicals.
California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from exposure to harmful chemicals, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals."
Arguments in Support
According to Breast Cancer Prevention Partners, California Association of Sanitation Agencies, Clean Water Action, Environmental Working Group, and the Natural Resources Defense Council,
"PFAS are a class of approximately 14,000 man-made chemicals. California, as well as 23 other states define PFAS as 'a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom'. The European Union uses a scientifically aligned definition. Extensive independent science demonstrates that all PFAS, whether they be 'long-chain', 'short-chain', or polymers like PTFE, commonly known as Teflon ®, persist and spread in the environment and can transform into other forms of PFAS that are well documented as being toxic. Health concerns linked with these chemicals include cancers, decreased fertility, hormone disruption, liver disease, developmental harm, and immune system suppression, including interference with the efficacy of vaccines. For this reason, all of California's PFAS restrictions regulate PFAS as a class, including polymers. The scientific community supports a strong science-based PFAS definition (for example, see this open letter from 160+ scientists from around the world that states, 'any PFAS definition grounded in science must include all PFAS polymers.') and the class-based management of PFAS. DTSC also regulates PFAS as a class and has published a scientific paper articulating the rationale for doing so.
The good news is that restricting PFAS use works. California (and other states) have demonstrated this by banning unnecessary PFAS use in many product categories, including textiles, fire-fighting foam, certain children's products, paper-based food-packaging, cosmetics, and more. SB 682 will build on that progress, and help in relieving the heavy economic burden on water agencies and their rate payers.
While cleanup of drinking water is essential for the 25 million Californians with PFAS detections in their water sources, the cost of continued PFAS use in consumer products will only exacerbate the costs to drinking and wastewater agencies, and ultimately ratepayers. More than $500 million has already been spent addressing PFAS contamination in our state, with another $1.13 billion in planned projects. Drinking water remediation for just a handful of PFAS alone could conservatively cost local utilities between $161 million and $217 million annually. Worse, the social costs extend far beyond water bills. PFAS-related healthcare burdens are staggering, again conservatively estimated to cost Californians between $5.5 and $8.7 billion annually (only a few of the many health impacts from the most well-known PFAS have been quantified). For these reasons, it is imperative that the state acts boldly and phases out unnecessary uses of PFAS.
SB 682 will serve the interests of the state by protecting public health, drinking water, and the environment, and reducing long term public costs and impacts to the state."
Arguments in Opposition
According to the Cookware Sustainability Alliance (CSA),
"The CSA was created to express strong concern about the policy and scientific misinterpretations behind legislative proposals to ban products containing per- and polyfluoroalkyl substances (PFAS). Importantly, fluoropolymers and nonstick cookware are approved for use in food preparation by the U.S. Food & Drug Administration (U.S. FDA), European regulatory bodies, as well as decades of sound scientific research. The CSA is made up of companies with a significant stake in the nonstick cookware category, aimed at setting the record straight and emphasizing the science that underpins fluoropolymer cookware safety.
Non-stick cookware contains a specific subfamily of PFAS called fluoropolymers. The fluoropolymers used by our industry, primarily polytetrafluoroethylene (PTFE), do not have the same characteristics of nonpolymeric PFAS of concern, which should be the focus of environmental and public health policy. Fluoropolymers are extremely large and stable compounds.
It is important to acknowledge that since the mid-20th century, PTFE has played a vital role in the technological advancements of many industrial and consumer products. Moreover, over the past several years, chemical manufacturers that supply the cookware industry with PTFE have implemented significant changes to their manufacturing processes. Technologies now exist and are implemented to manufacture PTFE without the use of fluorosurfactant processing aids. Also, those manufacturers who may continue to make fluoropolymers via the use of fluorosurfactant processing aids now include additional steps to ensure negligible remaining non-polymer PFAS are entrained in the final fluoropolymer product. These recent developments in the manufacturing process for PTFE and other fluoropolymer cookware ensure that they are not a health effects concern to humans or the environment."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, enactment of this bill could cost DTSC an unknown, but potentially significant amount, to enforce the prohibitions established by this bill under the AB 347 (Ting, Chapter 932, Statutes of 2024) framework. DTSC has not yet received funding to implement AB 347; therefore, it is challenging to determine the incremental cost of implementing this bill. If it is not allocated funding to implement AB 347, DTSC estimates costs of up to $3.8 million annually, including up to 12 staff, to implement this bill.
VOTES
SENATE FLOOR: 28-7-5
YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Cortese, Durazo, Gonzalez, Grayson, Hurtado, Laird, Limón, McGuire, McNerney, Menjivar, Padilla, Pérez, Smallwood-Cuevas, Stern, Strickland, Umberg, Wahab, Weber Pierson, Wiener
NO: Choi, Dahle, Jones, Niello, Ochoa Bogh, Seyarto, Valladares
ABS, ABST OR NV: Alvarado-Gil, Grove, Reyes, Richardson, Rubio
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-2-0
YES: Connolly, Bauer-Kahan, Lee, McKinnor, Papan
NO: Ellis, Castillo
ASM APPROPRIATIONS: 9-3-3
YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Ahrens, Pellerin, Solache
NO: Dixon, Ta, Tangipa
ABS, ABST OR NV: Sanchez, Mark González, Pacheco
UPDATED
VERSION: September 02, 2025
CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0001333
Date of Hearing: August 20, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 682
Author:(Allen) – As Amended Ver:July 17, 2025
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 5 - 2 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill prohibits a person from distributing, selling, or offering for sale in the state a cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) and requires the Department of Toxic Substances Control (DTSC) to enforce these prohibitions using its existing authority.
Specifically, this bill, among other things:
1) Authorizes DTSC, as part of its Safer Consumer Products program, to evaluate uses of PFAS.
2) Authorizes DTSC, for any product covered by this bill, to request, and requires the manufacturer to provide, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, to demonstrate compliance with the applicable covered PFAS restriction.
3) Prohibits a person from distributing, selling, or offering for sale in the state a “2028 product” (cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax) that contains intentionally added PFAS on and after January 1, 2028, with the exception for cookware. Provides that this prohibition applies to cookware on or after January 1, 2030.
4) Provides that aforementioned prohibition does not apply to (a) a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority or (b) a previously used product.
5) Authorizes DTSC, on or before January 1, 2029, to adopt regulations to administer the provisions of this bill.
6) Except as specified, requires the aforementioned prohibitions to be enforced by DTSC pursuant to its existing authority established under AB 347 (Ting), Chapter 932, Statutes of 2024. The bill exempts a manufacturer of a product regulated by this bill from the requirement in AB 347 to register with DTSC and pay the applicable registration fee.
FISCAL EFFECT:
1) DTSC will incur costs of an unknown, but potentially significant amount, to enforce the prohibitions established by this bill under the AB 347 framework (see background). DTSC has not yet received funding to implement AB 347; therefore, it is challenging to determine the incremental cost of implementing this bill. In later years, a portion of the department’s implementation costs may be offset by any administrative penalty revenue collected and deposited into the PFAS Enforcement Fund. The exact magnitude of DTSC’s costs is unknown and will depend on the scope and frequency of DTSC’s testing and enforcement in any given year.
For its part, if it is not allocated funding to implement AB 347, DTSC estimates costs of up to $3.8 million annually, including up to 12 staff, to implement this bill (Toxic Substances Control Account (TSCA), PFAS Enforcement Fund). The department notes that while this bill embeds additional products or product categories under the enforcement framework of AB 347, it exempts manufacturers of these products from AB 347’s registration requirements (including the payment of registration fees). DTSC notes its startup costs would require a loan from TSCA, which is supported by the Environmental Fee and annually adjusted by the Board of Environmental Safety (BES) at a rate sufficient to cover DTSC’s operations. DTSC anticipates BES would need to increase the fee by approximately 3% to generate sufficient revenues to fund the increased expenditures required to implement this bill and AB 347.
2) The Department of Justice anticipates costs of an unknown, but potentially significant amount, due to the potential for increased referrals from DTSC, its client agency (Legal Services Revolving Fund).
COMMENTS:
1) Purpose. According to the author:
California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from exposure to harmful chemicals, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals.
2) Background. PFAS. PFAS are a ubiquitous class of more than 9,000 synthetic chemicals that are linked to a variety of health harms, such as cancer, endocrine disruption, developmental and reproductive toxicity, and immune dysregulation. These chemicals are harmful at extremely low doses; contaminate the air, soil, drinking water, plants, and wildlife during production, use and, disposal; and are extremely persistent in the environment. Water testing required by the State Water Board has found that 138 water systems serving 11.8 million Californians have PFAS levels exceeding current federal limits. The Legislature has enacted several PFAS prohibitions in the last several years. This bill bans intentionally added PFAS in cleaning products, cookware, dental floss, juvenile products, food packaging, and ski wax.
New Enforcement Authority. AB 347 required DTSC, on or before January 1, 2029, to adopt regulations for the enforcement of existing prohibitions on the use of PFAS (in juvenile products, textile articles, and food packaging) and, on and after July 1, 2030, enforce and ensure compliance with those provisions and regulations, as provided. AB 347 required manufacturers of specified products to, among other things, register with the department and pay a registration fee. The legislation also authorized DTSC to test products (or rely on third-party testing) to determine compliance, required the department to issue notices of violation, and authorized the department to assess administrative penalties and seek an injunction for violations. This bill, except as provided, folds new product categories into the enforcement framework created by AB 347. Bill supporters write, “These are products where PFAS use has been banned in other states already and for which there are cost comparable safer alternatives.”
Source Reduction and Cost of Inaction. The annual statewide cost to treat PFAS in drinking water, wastewater, and recycled water is currently unknown but it reasonable to expect the cost to be in the billions of dollars. Orange County Water District’s estimated cost of addressing PFAS in the county alone over the next 30 years is approximately $1.8 billion. According to U.S. EPA, the nationwide cost for public water agencies to comply with the PFAS MCLs will be between $772 million and $1.2 billion annually. Research on the costs of PFAS conducted by the Natural Resources Defense Council (NRDC) notes than more than $500 million has already been spent addressing PFAS contamination in California, with another $1.13 billion in planned projects. NRDC notes that drinking water remediation for just a handful of PFAS alone “could conservatively cost local utilities between $161 million and $217 million annually. Worse, the social costs extend far beyond water bills. PFAS-related healthcare burdens are staggering.”
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: July 15, 2025
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Damon Connolly, Chair
SBPCA Bill Id:SB 682
Author:(Allen) – As Amended Ver:June 23, 2025
SENATE VOTE: 28-7
SUBJECT: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
SUMMARY: Prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax, that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Specifically, this bill:
1) Defines" covered PFAS restriction" as a restriction imposed by one of several specified statutes (Health and Safety Code (HSC) 108945, 108970, 109000, 109030).
2) Defines "covered product" as a juvenile product (as defined by existing law), textile articles, food packaging (as defined by existing law), and a 2028 product.
3) Defines "2028 product" as cleaning products, cookware, dental floss, juvenile products, food packing, and ski wax.
4) Defines "food packaging" as a package, packaging component, or food service ware that is intended to provide a means to market, protect, handle, deliver, serve, contain, or store a food or beverage, if it is likely to contact a food or beverage. It includes, but is not limited to, all of the following:
a) A unit package, an intermediate package, or a shipping container;
b) Unsealed receptacles, including, but not limited to, carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, or tubs; and,
c) An individual assembled part of a food package, including, but not limited to, an interior or exterior blocking, bracing, cushioning, waterproofing or heat or cold protection, coating, closures, inks, or labels.
5) Defines "juvenile product" as a product designed for use by infants and children under 12 years of age.
6) Defines "ski wax" as a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve their grip or glide properties and includes related tuning products.
7) Authorizes, but does not require, the Department of Toxic Substances Control (DTSC), as part of its Safer Consumer Products Program, to evaluate uses of PFAS.
8) Authorizes, for any product covered by this bill, DTSC to request and requires the manufacturer to provide, a statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction as well as technical documentation, including analytical test results to demonstrate compliance with the applicable covered PFAS restriction.
4) Defines "intentionally added PFAS" as PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process, such as PFAS created as a result of fluorination of plastic.
5) Defines "juvenile product" as a product designed for use by infants and children under 12 years of age.
6) Defines "manufacturer" as:
a) A person that manufactures the product and whose name appears on the product label, or,
b) A person for whom the product is manufactured or by whom it is distributed, and who owns or is the licensee of the brand or trademark under which the product is used in a commercial enterprise, sold, offered for sale, or distributed in the state.
7) Provides, within the definition of manufacturer, that in the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if no person that meets the requirements above has a presence in the United States.
8) Defines "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
9) Prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a 2028 product that contains intentionally added PFAS.
10) Provides that the prohibition of intentionally added PFAS in 2028 products does not apply to either of the following:
a) A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority, or,
b) A previously used product.
11) Authorizes, on or before January 1, 2029, DTSC to adopt regulations to administer the provisions of this bill.
12) Provides that this bill does not limit or restrict any other mandates, prohibitions, deadlines, enforcement authorities, or rights of action.
EXISTING LAW:
- Requires, commencing January 1, 2022, a person that sells firefighter personal protective equipment to provide a written notice to the purchaser if the firefighter personal protective equipment contains intentionally added PFAS chemicals. (Health and Safety Code (HSC) § 13029 (b)(1))
- Prohibits, commencing January 1, 2022, a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use, and a person from using, class B firefighting foam containing intentionally added PFAS chemicals. (HSC § 13061 (b)(1))
- Prohibits, on and after July 1, 2023, a person, including, but not limited to, a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added PFAS or PFAS at or above 100 parts per million (ppm), as measured in total organic fluorine. (HSC § 108946)
- Prohibits, on or after January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain intentionally added PFAS, or PFAS at or above 100 ppm, and on or after January 1, 2027, 50 ppm, as measured in total organic fluorine. (HSC § 108971)
- Prohibits, commencing January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any specified intentionally added ingredients, including some PFAS chemicals. (HSC § 108980 (a))
- Prohibits, commencing January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added PFAS. (HSC § 108981.5)
- Prohibits, commencing January 1, 2023, a person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added PFAS or PFAS at or above 100 ppm, as measured in total organic fluorine. (HSC § 109000)
- Prohibits a person from manufacturing, distributing, selling, or offering for sale a menstrual product that contains regulated PFAS, as defined. (HSC § 25258.3)
- Authorizes the State Water Resources Control Board (State Water Board) to order a public water system to monitor for PFAS; requires community water systems to report detections; and, where a detected level of these substances exceeds the response level, to take a water source out of use or provide a prescribed public notification. (HSC § 116378)
- Requires a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all intentionally added ingredients in the product. (HSC § 111822.2)
Under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65):
- Prohibits a person, in the course of doing business, from knowingly discharging or releasing a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water. (HSC § 25249.5)
- Prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual. (HSC § 25249.6)
- Requires the Governor to publish a list of chemicals known to cause cancer or reproductive toxicity and to annually revise the list. The Office of Environmental Health Hazard Assessment (OEHHA) has listed perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), which are members of the PFAS class, as chemicals known to the state to cause developmental toxicity. (HSC § 25249.8)
Under the Safer Consumer Products (Green Chemistry) statutes:
- Requires the DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified. (HSC § 25252)
- Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern. (HSC § 25253 (a))
- Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product. (HSC § 25253)
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author,
"SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals," in products. SB 682 will pragmatically shift California to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue.
Manufacturers who wish to continue to use PFAS will have to demonstrate that the use of PFAS in their product is unavoidable, the function provided by PFAS in the product is necessary for the product to work, and the product is critical for the health, safety, or functioning of society. To ensure industries have sufficient time to comply, this bill includes three time periods to phase-in various products, beginning in 2027 with a handful of products with known PFAS-free alternatives and PFAS prohibitions in other states, 2035 for many other products, and finally 2040. To focus on PFAS chemicals contaminating our water, the 2035 and 2040 timelines apply to those that are water soluble, may release water soluble chemicals, or may decompose into water soluble chemicals.
California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from exposure to harmful chemicals, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals."
Perfluoroalkyl and polyfluoroalkyl substances (PFAS): PFAS are synthetic, highly fluorinated substances that have been widely used in industrial and consumer applications for their heat, water, and lipid resistance properties for more than seven decades. In consumer products, PFAS are used in carpets, furniture fabrics, apparel, paper packaging for food, non-stick cookware, personal care products, and other products designed to be waterproof; grease, heat, water and stain resistant; or, non-stick. Commercial applications span many sectors of the economy, including aerospace, automotive, building and construction, pharmaceuticals, medical devices, paints, electronics, semiconductors, energy, oil and gas exploration, first responder safety, firefighting foams, and health care. During production, use, and disposal, PFAS can migrate into the soil, water, and air. Some PFAS are volatile, and can be carried long distances through the air, leading to contamination of soils and groundwater far from the emission source. Researchers have found PFAS in indoor and outdoor environments, plants, soil, food, drinking water, wildlife, companion animals, production animals, and humans at locations across the nation and around the globe. PFAS are extremely persistent and degrade very slowly over time, which has resulted in their accumulation in the environment since the onset of their production in the late 1940s. Currently, nearly 15,000 PFAS chemicals are included in the chemicals database CompTox, which is maintained by the United States Environmental Protection Agency (US EPA).
Exposure to PFAS: The main route of exposure to PFAS is through ingestion of contaminated food or liquid (accounting for up to half of total exposure), through contact with consumer products, and through inhalation and ingestion of contaminated indoor air and dust. Food can become contaminated with PFAS through soil and water used to grow the food, food packaging containing PFAS, and equipment that uses PFAS during processing. Some foods, such as fish, meat, eggs, and leafy vegetables, may contain PFAS due to bioaccumulation and crop uptake. Studies have shown that PFAS can transfer from pregnant mothers to their fetuses via the placenta during gestation, as well as transfer from nursing mothers to their infants via breastfeeding. Dermal exposure is also possible when people touch products treated with PFAS, such as carpets or clothing. Young children may be exposed to higher levels of PFAS than adults because they ingest more dust containing PFAS and mouth PFAS-treated consumer products. Workers, such as carpet installers, carpet cleaners, firefighters, and workers in furniture, furnishings, outdoor clothing, and carpet stores, may also experience above average PFAS exposure levels.
Exposure to PFAS in drinking water is an escalating concern due to the persistence of PFAS chemicals in the environment and their tendency to accumulate in groundwater. Groundwater PFAS contamination typically has been associated with industrial facilities where these chemicals were manufactured or are used in other products, and in airfields where the chemicals have been used for firefighting. PFAS chemicals can also enter the environment and drinking water through composting, landfilling, recycling, and incineration of products containing PFAS. The State Water Board indicates that the four major sources of PFAS in drinking water in California are fire training/fire response sites, industrial sites, landfills, and wastewater treatment plants/biosolids. The State Water Board notes that because of their presence and persistence in many drinking water supplies, PFAS remain a serious source of exposure decades after their release into the environment.
Like humans, wildlife is exposed to PFAS by consuming contaminated water or food. Within aquatic food webs, PFAS are found to increase in concentration from ambient water to plankton and further up the food chain.
Hazard traits of PFAS: According to DTSC, all PFAS display at least one of the hazard traits identified in California's Safer Consumer Products (Green Chemistry) Hazard Traits Regulations (22 C.C.R § 69401 et seq.). An intrinsic property of PFAS is the extreme environmental persistence of either the individual compounds or their degradation products or both, resulting in their classification as "forever chemicals." Most PFAS are mobile in environmental media such as air and water, and thus are widespread in living organisms and the environment.
Scientific studies have shown that exposure to some PFAS can lead to adverse health outcomes in humans and animals. DTSC states that if humans are exposed to PFAS through diet, drinking water, or inhalation, some of these chemicals remain in the body for a long time. As people continue to be exposed to PFAS, the PFAS levels in their bodies may increase to the point that they suffer adverse health effects. According to the US EPA, current peer-reviewed scientific studies have shown that exposure to certain levels of PFAS may lead to: reproductive effects such as decreased fertility or increased high blood pressure in pregnant women; developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes; increased risk of some cancers, including prostate, kidney, and testicular cancers; reduced ability of the body’s immune system to fight infections, including reduced vaccine response; interference with the body’s natural hormones; and, increased cholesterol levels and/or risk of obesity. In addition to direct human health impacts, some PFAS, may have high global warming potential. Also, several PFAS bioaccumulate significantly in animals or plants and emerging evidence points to their phytotoxicity, aquatic toxicity, and terrestrial ecotoxicity.
The persistence and proliferation of PFAS chemicals makes it challenging to study and assess the overall potential human health and environmental risks of PFAS exposure.
Recent US EPA action on PFAS: According to the US EPA, "Under the Biden-Harris Administration, [US] EPA has restored scientific integrity and accelerated the pace of research and actions needed to tackle the PFAS crisis and protect American communities." On October 18, 2021, US EPA Administrator Michael S. Regan announced the agency’s PFAS Strategic Roadmap, which laid out a whole-of-agency approach to addressing PFAS. The roadmap sets timelines by which US EPA plans to take specific actions and commits to, "bolder new policies to safeguard public health, protect the environment, and hold polluters accountable."
The US EPA reported that since the roadmap’s release in October 2021, it has taken a number of key actions to address PFAS, including publishing a rule that will require all manufacturers (including importers) of PFAS to report information on PFAS uses, production volumes, disposal, exposures, and hazards; initiating nationwide monitoring of 29 PFAS in drinking water systems; allocating $2 billion to address emerging contaminants, including PFAS, in drinking water across the country; and, releasing a framework for addressing new PFAS and new uses of PFAS under the Toxic Substances Control Act (TSCA). US EPA states that the framework will ensure that before these chemicals are allowed to enter into commerce, US EPA will undertake an extensive evaluation to ensure they pose no harm to human health and the environment.
State action on PFAS: California has undertaken efforts to address PFAS substances across several state entities. For example, at DTSC, all PFAS chemicals are "Candidate Chemicals" under the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, because they exhibit a hazard trait and/or an environmental or toxicological endpoint, and the entire class of PFAS was added by the California Environmental Contaminant Biomonitoring Program to its list of priority chemicals.
On July 1, 2021, DTSC designated carpets and rugs containing PFAS as a "Priority Product." A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts to humans or the environment. The Priority Product designation required domestic and foreign carpet and rug manufacturers that use PFAS and related chemicals in their products to submit information on all of the manufacturer’s products that contain PFAS and are sold in California, by August 30, 2021. Manufacturers were then required to show intent to remove or replace PFAS in their products, remove the product from the market, or identify potential alternatives to PFAS to be used in the product by December 28, 2021. This process is ongoing.
In regulations that went into effect on April 1, 2022, DTSC also designated treatments containing PFAS for use on converted textiles or leathers such as carpets, upholstery, clothing, and shoes as a Priority Product. Domestic and foreign manufacturers of treatments for converted textiles or leathers that contain any member of the class of PFAS selling their products in California were required to submit information on those products by May 31, 2022. After submitting the required information, manufacturers were then required to show intent to mitigate exposure to PFAS in their products by September 28, 2022. This process is ongoing.
Previously, DTSC proposed investigating PFAS in other product categories, such as food packaging and children’s products, but during the investigative period the Legislature prohibited PFAS in those product categories and it appears DTSC has shifted its resources to investigating other product/ chemical combinations.
OEHHA, under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), listed PFOA and PFOS as chemicals known to the state to cause reproductive toxicity. In July, 2021, OEHHA announced the release of a draft document for public review describing proposed Public Health Goals (PHGs) for PFOA and PFOS in drinking water. A PHG is the level of a chemical contaminant in drinking water that does not pose a significant risk to health. PHGs published by OEHHA are considered by the State Water Board in setting drinking water regulatory standards (Maximum Contaminant Levels, or MCLs) for California.
The State Water Board has taken a number of recent actions related to PFAS in drinking water, including several investigative orders to public water systems requiring testing for PFAS. Most recently, it issued General Order DW 20240002DDW (2024 Order), in March 2024, to public water systems for monitoring PFAS in community public water systems serving disadvantaged and severely disadvantaged communities. The purpose of this monitoring is to understand PFAS’s impacts on drinking water in these communities.
Recently, the State Legislature has also taken action on PFAS by enacting a slew of bills prohibiting PFAS at different levels across many product categories. These include a ban on menstrual products that contain PFAS (AB 2515, Papan, Chapter 1008, Statutes of 2024); a ban on textiles that contain PFAS (AB 1817,Ting, Chapter 762, Statutes of 2022); a ban on cosmetic products that contain PFAS (AB 2771, Friedman, Chapter 804, Statutes of 2022); a ban on food packaging that contains PFAS (AB 1200, Ting, Chapter 503, Statutes of 2021); a ban on new juvenile products that contain PFAS (AB 652, Freidman, Chapter 500, Statutes of 2021); and, a ban on firefighting foam containing PFAS (SB 1044, Allen, Chapter 308, Statutes of 2020). The Legislature also authorized the State Water Board to order public water systems to monitor for PFAS and required municipalities to notify consumers of PFAS detected above notification levels (AB 756, C. Garcia, Chapter 162, Statutes of 2019).
Chemical bans and the Safer Consumer Products Program: In 2008, California enacted AB 1879 (Feuer and Huffman, Chapter 559, Statutes of 2008) to establish a regulatory process for identifying and prioritizing chemicals of concern in consumer products, to create methods for analyzing alternatives to existing hazardous chemicals, and to ultimately take regulatory action to reduce the level of harm from the chemicals in those products. DTSC did this by promulgating the Safer Consumer Products regulations, which took effect in October 2013. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm.
While the intent of AB 1879 is to establish a robust and thorough regulatory process rooted in science to consider exposure to chemicals in consumer products, it has long been recognized that DTSC does not have the resources to evaluate all, or even a significant percentage of, chemicals in every consumer product application. The permutations of product and chemical combinations are virtually limitless. To that end, the Safer Consumer Products statute does not preclude the Legislature from taking legislative action on the use of chemicals in consumer products. When there is credible scientific evidence to support a change in state policy to protect public health, the Legislature can respond to that science more expeditiously than can DTSC. Since AB 1879 was enacted, the Legislature has enacted policies on various chemical-product applications, which include, in addition to the PFAS prohibitions listed above, a ban on flame retardants in children's products, mattresses, and upholstered furniture (AB 2998, Bloom, Chapter 924, Statutes of 2018); a ban on BPA in toddler sippy cups and bottles (AB 1319, Butler, Chapter 467, Statutes of 2011); a ban on the sale of jewelry with cadmium at certain levels (AB 929, Pavley, Chapter 313, Statutes of 2010); and, a ban on the sale of brake pads containing copper in exceedances of certain levels (SB 346, Kehoe, Chapter 307, Statutes of 2010).
DTSC, in fact, wrote in support of AB 1319 (Butler) stating: "DTSC does not believe that the [Safer Consumer Products] regulations should ever be viewed as excluding action that the Legislature might take to address specific product related concerns that are brought to its attention. Not only have the regulations taken longer to adopt than originally anticipated, DTSC also expects that the process to be represented in the regulations will be subject to time and resource constraints. There may be circumstances that warrant more timely action than DTSC can accommodate through its process."
Regulating PFAS as a class: DTSC adopted a rationale for regulating PFAS chemicals as a class, concluding, "it is both ineffective and impractical to regulate this complex class of chemicals with a piecemeal approach." This rationale was presented in the February, 2021, Environmental Health Perspectives article, "Regulating PFAS as a Chemical Class under the California Safer Consumer Products Program." The authors of the article state,
"The widespread use, large number, and diverse chemical structures of PFAS pose challenges to any sufficiently protective regulation, emissions reduction, and remediation at contaminated sites. Regulating only a subset of PFAS has led to their replacement with other members of the class with similar hazards, that is, regrettable substitutions. Regulations that focus solely on perfluoroalkyl acids (PFAAs) are ineffective, given that nearly all other PFAS can generate PFAAs in the environment… We at the California DTSC propose regulating certain consumer products if they contain any member of the class of PFAS because: a) all PFAS, or their degradation, reaction, or metabolism products, display at least one common hazard trait according to the California Code of Regulations, namely environmental persistence; and b) certain key PFAS that are the degradation, reaction or metabolism products, or impurities of nearly all other PFAS display additional hazard traits, including toxicity; are widespread in the environment, humans, and biota; and will continue to cause adverse impacts for as long as any PFAS continue to be used. Regulating PFAS as a class is thus logical, necessary, and forward-thinking."
Other researchers have made the case for managing PFAS as a chemical class, including in "Scientific Basis for Managing PFAS as a Chemical Class" published in June, 2020, in Environmental Science & Technology Letters, and "Strategies for grouping per- and polyfluoroalkyl substances (PFAS) to protect human and environmental health," also published in June, 2020, in Environmental Science: Processes & Impacts.
PFAS in cleaning products: Cleaning products are commonly listed on governmental and academic websites as known sources of PFAS. To illustrate the prevalence of PFAS in cleaning products, the sponsors of the bill point to an informal Environmental Working Group (EWG) analysis of online cleaning product data, which found that approximately 50% of industrial and institutional floor cleaners, finishes, polishes, and restorers contain PFAS. These products are used in public buildings, schools, and commercial offices. EWG’s analysis also found that 1 in 6 household versions of these floor cleaning product categories contain PFAS.
A January 2022, study published in Atmospheric Environment focusing on PFAS in floor waxes conveys that the flooring industry reports a strong demand for PFAS-containing products. Fluorosurfactants are added to floor polishes to modify their flow, leveling, and wetting properties, or more specifically, to lower the surface tension of the floor polish. The article says that DuPont, one of the world's largest PFAS-containing product manufacturers, reports that almost every acrylic/wax floor polish formulation on the market contains a fluorosurfactant. The authors of the article conducted a study that demonstrated occupational exposure to PFAS during floor stripping and waxing. PFAS emitted during this process could also enter wastewater.
To further illustrate the problem, the sponsors of the bill report that many manufacturers indicate, but do not state, that their cleaning products contain properties (water-repellant, long-lasting, high shine) that are indicative of PFAS chemicals. They say that many other product categories are known to contain PFAS including car waxes, dishwasher rinse aids, furniture polishes and textile cleaners and treatments. In addition, the sponsors argue that manufacturers are marketing a type of PFAS for use as propellants in air-borne cleaning products and air fresheners.
PFAS in cookware: While this bill prohibits PFAS in multiple consumer products, many stakeholder conversations have centered around the use of PFAS in cookware. Specifically, the conversations have focused on a specific PFAS known as polytetrafluoroethylene or PTFE, which is a fluoropolymer. Following are some studies/articles that have looked at PTFE and flouropolymers.
Toxicity concerns with PTFE-coated non-stick cookware: The article, "PTFE-coated non-stick cookware and toxicity concerns: a perspective, (Sajid, M., Ilyas, M.)," Environmental Science and Pollution Research Environ Sci Pollut (September 2017), provided the following summary,
"PTFE is used as an inner coating material in non-stick cookware. This unique polymer coating prevents food from sticking in the pans during the cooking process. Such cookware is also easy to wash. At normal cooking temperatures, PTFE-coated cookware releases various gases and chemicals that present mild to severe toxicity. Only few studies describe the toxicity of PTFE but without solid conclusions. The toxicity and fate of ingested PTFE coatings are also not understood. Moreover, the emerging, persistent, and well-known toxic environmental pollutant PFOA is also used in the synthesis of PTFA. There are some reports where PFOA was detected in the gas phase released from the cooking utensils under normal cooking temperatures. Due to toxicity concerns, PFOA has been replaced with other chemicals such as GenX, but these new alternatives are also suspected to have similar toxicity. Therefore, more extensive and systematic research efforts are required to respond the prevailing dogma about human exposure and toxic effects to PTFE, PFOA, and GenX and other alternatives."
Fluoropolymers and environmental and human health: According to the article,
Are Fluoropolymers Really of Low Concern for Human and Environmental Health and Separate from Other PFAS?, Lohmann, et. al, Environmental Science and Technology (October 2020),
"The evidence reviewed in this analysis does not find a scientific rationale for concluding that fluoropolymers are of low concern for environmental and human health. Given fluoropolymers’ extreme persistence; emissions associated with their production, use, and disposal; and a high likelihood for human exposure to PFAS, their production and uses should be curtailed except in cases of essential uses.
The class of per- and polyfluoroalkyl substances (PFAS) consists of polymers and nonpolymers. Fluoropolymers represent a distinct subset of fluorinated polymers, e.g., polytetrafluoroethylene (PTFE). In this analysis, we focus on fluoropolymers. The group of fluoropolymers is dominated by PTFE. Fluoropolymer-coated food contact materials (e.g., metal cookware), if not properly pretreated, could lead to the leaching of nonpolymeric PFAS residuals into food during the use phase.
The concerns we present suggest that there is no sufficient evidence to consider fluoropolymers as being of low concern for environmental and human health. The group of fluoropolymers is too diverse to warrant a blanket exemption from additional regulatory review. Their extreme persistence and the emissions associated with their production, use, and disposal result in a high likelihood for human exposure as long as uses are not restricted. Further, there is no scientific basis to separate and subsequently remove fluoropolymers from discussions of other PFAS as a class or in terms of their impacts on human or environmental health.
Our recommendation is to move toward the use of fluoropolymers in closed-loop mass flows in the technosphere and in limited essential-use categories, unless manufacturers and users can eliminate PFAS emissions from all parts of the life cycle of fluoropolymers."
Authorization of use of PFAS in food contact applications by the United States Food and Drug Administration (FDA): Since the 1960s, the FDA has authorized specific types of substances that contain PFAS for use in food contact applications. Substances that contain PFAS are used for their non-stick and grease, oil, and water-resistant properties. PFAS authorized for use in contact with food generally fall into four application categories: nonstick coating applications; sealing gaskets for food processing equipment; manufacturing aids; and grease-proof agents for paper food packaging. Of these uses, current data available to the FDA indicate that only paper and paperboard agents would result in dietary exposure to PFAS that may result in a potential safety concern.
To obtain FDA authorization, manufacturers must submit data and information to the FDA demonstrating that there is a reasonable certainty of no harm from the intended use. Since 1999, these authorizations come to the FDA predominantly in the form of food contact notifications which are specific to each manufacturer or supplier. If another manufacturer wants to use the same substance, they must submit their own application to the FDA.
After a substance has been authorized, the FDA reviews new scientific information on the authorized uses of food contact substances to ensure that these uses continue to be safe. When the FDA identifies potential safety concerns, the agency ensures that these concerns are addressed or that these substances are no longer used in food contact applications.
On the FDA's website is a link to various studies by FDA scientists, one of those studies, "Perfluorochemicals: potential sources of and migration from food packaging," Food Additives and Contaminats, October 2005, includes the following:
"Perfluorochemicals are widely used in the manufacturing and processing of a vast array of consumer goods, including electrical wiring, clothing, household and automotive products. Furthermore, relatively small quantities of perfluorochemicals are also used in the manufacturing of food-contact substances that represent potential sources of oral exposure to these chemicals. The most recognizable products to consumers are the uses of perfluorochemicals in non-stick coatings (polytetrafluoroethylene (PTFE)) for cookware and also their use in paper coatings for oil and moisture resistance. Recent epidemiology studies have demonstrated the presence of two particular perfluorochemicals, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) in human serum at very low part per billion levels. These perfluorochemicals are biopersistent and are the subject of numerous studies investigating the many possible sources of human exposure. Among the various uses of these two chemicals, PFOS is a residual impurity in some paper coatings used for food contact and PFOA is a processing aid in the manufacture of PTFE used for many purposes including non-stick cookware."
PFAS bans in other states: Below is a list of states that have banned PFAS in products that this bill is also proposing to ban. Please note, that this is not an exhaustive list, and some of these states and other states have banned PFAS in other products. The date in ()'s is the date the PFAS is banned.
1) Cleaning products: Colorado (2026), Connecticut (2028), Maine (2028);
2) Cookware: Colorado (2026), Connecticut (2028), Maine (2028);
3) Dental Floss: Colorado (2026), Connecticut (2028), Maine (2028);
4) Food packaging: California (2023), Colorado (2024), Connecticut (2023), Hawaii (2024), Maine (2022), Maryland (2024);
5) Juvenile products: California (2023), Colorado (2024), Connecticut (2028), Maine (2026); and,
6) Ski wax: Colorado (2026), Connecticut (2028), Maine (2028).
Please note that the Committee has asked stakeholders for a list of any of the above states bans on PFAS that exempt PTFE – as of the writing of this analysis, the Committee has not received that list.
This bill: SB 682, prohibits, on and after January 1, 2028, a person from distributing, selling, or offering for sale in the state a cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax, that contains intentionally added PFAS. Based upon DTSC's analysis that PFAS should be regulated as a class, the Legislature has banned PFAS (as a class, without any exemptions) in cosmetics, certain food packaging, certain juvenile products, menstrual products, and textiles. This bill expands on those prohibitions by adding several consumer products to the current prohibitions.
Key stakeholder dispute: While there are several different policy conversations continuing around this bill, the key dispute appears to center around a particular class of PFAS used in cookware. Manufacturers of cookware have claimed that this class of PFAS, referred to as PTFE (which is also a fluoropolymer), is safe, however proponents of the bill have disputed that claim. It's important to note that within DTSC's peered reviewed article recommending that PFAS be regulated as a class, this did include fluoropolymers within the recommendation of regulating PFAS as a class.
Ongoing stakeholder conversations: In addition to the various policy discussions around this bill, the author and stakeholders are continuing to look at further clarifying a few issues including if refrigerators are included within the definition of food packaging and looking at the internal components of cookware.
Arguments in support: According to Breast Cancer Prevention Partners, California Association of Sanitation Agencies, Clean Water Action, Environmental Working Group, and the Natural Resources Defense Council,
"PFAS are a class of approximately 14,000 man-made chemicals. California, as well as 23 other states define PFAS as " a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom". The European Union uses a scientifically aligned definition. Extensive independent science demonstrates that all PFAS, whether they be "long-chain", "short-chain", or polymers like PTFE, commonly known as Teflon ®, persist and spread in the environment and can transform into other forms of PFAS that are well documented as being toxic. Health concerns linked with these chemicals include cancers, decreased fertility, hormone disruption, liver disease, developmental harm, and immune system suppression, including interference with the efficacy of vaccines. For this reason, all of California’s PFAS restrictions regulate PFAS as a class, including polymers. The scientific community supports a strong science-based PFAS definition (for example, see this open letter from 160+ scientists from around the world that states, "any PFAS definition grounded in science must include all PFAS polymers.") and the class-based management of PFAS. DTSC also regulates PFAS as a class and has published a scientific paper articulating the rationale for doing so.
The good news is that restricting PFAS use works. California (and other states) have demonstrated this by banning unnecessary PFAS use in many product categories, including textiles, fire-fighting foam, certain children’s products, paper-based food-packaging, cosmetics, and more. SB 682 will build on that progress, and help in relieving the heavy economic burden on water agencies and their rate payers.
While cleanup of drinking water is essential for the 25 million Californians with PFAS detections in their water sources, the cost of continued PFAS use in consumer products will only exacerbate the costs to drinking and wastewater agencies, and ultimately ratepayers. More than $500 million has already been spent addressing PFAS contamination in our state, with another $1.13 billion in planned projects. Drinking water remediation for just a handful of PFAS alone could conservatively cost local utilities between $161 million and $217 million annually. Worse, the social costs extend far beyond water bills. PFAS-related healthcare burdens are staggering, again conservatively estimated to cost Californians between $5.5 and $8.7 billion annually (only a few of the many health impacts from the most well-known PFAS have been quantified). For these reasons, it is imperative that the state acts boldly and phases out unnecessary uses of PFAS.
SB 682 will serve the interests of the state by protecting public health, drinking water, and the environment, and reducing long term public costs and impacts to the state."
Arguments in opposition:
According to the California Manufacturers and Technology Association,
"We support targeted efforts to address harmful PFAS chemicals. However, SB 682 continues an overreach by banning broad categories of PFAS, including fluoropolymers used safely in cookware and by establishing unworkable standards for sectors like cleaning products, where reliable PFAS testing protocols are not yet fully developed or validated.
SB 682 fails to distinguish between harmful PFAS and inert, stable fluoropolymers like PTFE, which are FDA-approved for food contact and used in medical devices. These materials do not pose environmental or health risks and have been safely used for decades.
For cookware, SB 682 also threatens distribution and warehouse operations in California. Because the bill bans the distribution of affected products, even those entering through California ports for sale in other states could be blocked—pushing manufacturers to relocate logistics operations out of state, costing California jobs."
According to the Motorcycle Industry Council (MIC), the Specialty Vehicle Institute of America (SVIA), and the Recreational Off-Highway Vehicle Association (ROHVA),
"[We] are opposed to SB 682 in its current form and strongly urge that you amend the bill to exclude youth off-highway vehicles (OHV), replacement parts for OHVs and protective gear.
We urge the definition of "juvenile product" be amended to align with the current “juvenile product” definition in [Health and Safety Code] Section 108945. Without an explicit exemption, these provisions could have the unintended effect of banning all youth model ATVs, off-highway motorcycles, and youth protective riding apparel and equipment from the marketplace."
According to the Cookware Sustainability Alliance (CSA),
"The Cookware Sustainability Alliance (the CSA) was created to express strong concern about the policy and scientific misinterpretations behind legislative proposals to ban products containing per- and polyfluoroalkyl substances (PFAS). Importantly, fluoropolymers and nonstick cookware are approved for use in food preparation by the U.S. Food & Drug Administration (U.S. FDA), European regulatory bodies, as well as decades of sound scientific research. The CSA is made up of companies with a significant stake in the nonstick cookware category, aimed at setting the record straight and emphasizing the science that underpins fluoropolymer cookware safety.
Non-stick cookware contains a specific subfamily of PFAS called fluoropolymers. The fluoropolymers used by our industry, primarily polytetrafluoroethylene (PTFE), do not have the same characteristics of nonpolymeric PFAS of concern, which should be the focus of environmental and public health policy. Fluoropolymers are extremely large and stable compounds.
It is important to acknowledge that since the mid-20th century, PTFE has played a vital role in the technological advancements of many industrial and consumer products. Moreover, over the past several years, chemical manufacturers that supply the cookware industry with PTFE have implemented significant changes to their manufacturing processes. Technologies now exist and are implemented to manufacture PTFE without the use of fluorosurfactant processing aids. Also, those manufacturers who may continue to make fluoropolymers via the use of fluorosurfactant processing aids now include additional steps to ensure negligible remaining non-polymer PFAS are entrained in the final fluoropolymer product. These recent developments in the manufacturing process for PTFE and other fluoropolymer cookware ensure that they are not a health effects concern to humans or the environment."
Related legislation:
- AB 2515 (Papan, Chapter 1008, Statutes of 2024). Prohibits a person from manufacturing, distributing, selling, or offering for sale a menstrual product that contains regulated PFAS) as defined.
- AB 2761 (Hart). Prohibits, beginning January 1, 2026, the sale, use, and manufacture of plastic packaging that contains PFAS or polyvinyl chloride (PVC), inclusive of polyvinylidene chloride (PVDC). This bill was not heard in the Senate Environmental Quality Committee.
- SB 903 (Skinner). Prohibits, commencing January 1, 2030, a person from distributing, selling, or offering for sale in the state a product that contains intentionall- added PFAS. Authorizes DTSC to establish regulations to administer the prohibition. This bill was held on the suspense file in the Senate Appropriations Committee.
- AB 347 (Ting, Chapter 932, Statutes of 2024). Requires DTSC to take a number of actions regarding implementation of existing laws dealing with PFAS in food packaging and cookware, including adopting and publishing guidance and testing products.
- AB 246 (Papan, 2023). Would have prohibited, commencing January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state menstrual products that contain PFAS at or above 10 ppm. This bill was vetoed by Governor Gavin Newsom.
- AB 727 (Weber, 2023). Would have prohibited, beginning January 1, 2025, a person from manufacturing, selling, delivering, distributing, holding, or offering for sale, a cleaning product that contains intentionally-added PFAS or PFAS at or above 50 ppm, and on January 1, 2027, a cleaning product that contains PFAS at or above 25 ppm. This bill was vetoed by Governor Gavin Newsom.
- AB 1423 (Schiavo, 2023). Would have prohibited, commencing January 1, 2025, a person or entity from manufacturing, distributing, selling, or offering for sale in the state any covered surface that contains PFAS at or above 20 ppm, and, commencing January 1, 2024, a public entity, a public or private school, or a public or private institution of higher learning, as specified, from purchasing or installing a covered surface that contains PFAS at or above 20 ppm. This bill was vetoed by Governor Gavin Newsom.
- AB 1817 (Ting, Chapter 762, Statutes of 2022). Prohibits, beginning January 1, 2024, a person from distributing, selling, or offering for sale in the state a textile article, as defined, that contains regulated PFAS, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with the provisions of the bill.
- AB 2771 (Friedman, Chapter 804, Statutes of 2022). Prohibits, commencing January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added PFAS.
- AB 1200 (Ting, Chapter 503, Statutes of 2021). Prohibits, commencing January 1, 2023, the sale of food packaging that contains PFAS; requires, commencing January 1, 2024, cookware manufacturers to label their product if it contains an intentionally added chemical on specified lists; and prohibits, commencing January 1, 2023, for the internet and January 1, 2024, for the cookware package, a cookware manufacturer from making a claim that cookware is free of a chemical, unless no chemical from that chemical class is intentionally added to the cookware.
- AB 652 (Freidman, Chapter 500, Statutes of 2021). Prohibits, on or after July 1, 2023, a person from selling or distributing in commerce any new juvenile products that contain PFAS.
- SB 1044 (Allen, Chapter 308, Statutes of 2020). Prohibits the manufacture, sale, distribution, and use of firefighting foam containing PFAS chemicals by January 1, 2022, with some exceptions, and requires notification of the presence of PFAS in the protective equipment of firefighters.
- SB 1056 (Portantino, 2020). Would have required the State Water Board to establish an analytical laboratory method that can be used as a tool to assess the extent of PFAS contamination in drinking water, surface water, groundwater, and wastewater. This bill was held in the Senate Environmental Quality Committee.
- AB 1989 (C. Garcia, Chapter 272, Statutes of 2020). Requires a package or box containing menstrual products that was manufactured on or after January 1, 2023, for sale or distribution in this state to have printed on the label a plain and conspicuous list of all intentionally added ingredients, as defined.
- AB 756 (C. Garcia, Chapter 162, Statutes of 2019). Authorizes the State Water Board to order one or more public water systems to monitor for PFAS and requires municipalities to notify consumers for PFAS detected above notification levels.
- AB 841 (Ting, Chapter 372, Statutes of 2019). As heard by the Assembly, would have required OEHHA to assess PFAS substances, especially as they might be found in drinking water, to determine which might pose a potential risk to human health. The contents of this bill were deleted in the Senate and amended with unrelated content.
- AB 958 (Ting, 2018). Would have required a manufacturer of food packaging or cookware sold in the state to visibly disclose on an exterior location of the food packaging or cookware packaging a specified statement relating to the presence of PFAS in the product. This bill was held on the Senate Floor.
- SB 1313 (Corbett, 2008). Would have prohibited the manufacture, sale, or distribution of any food contact substance, as defined, which contains perfluorinated compounds, as defined, in any concentration exceeding 10 parts per billion. This bill was vetoed by Governor Arnold Schwarzenegger.
REGISTERED SUPPORT / OPPOSITION:
Support
350 Bay Area Action
A Voice for Choice Advocacy
AGC America
Alliance of Nurses for Healthy Environments
American College of OB-GYN's District IX
American Nurses Association California
American Society of Civil Engineers Region 9
Azul
Bay Area Clean Water Agencies
Black Women for Wellness Action Project
Breast Cancer Prevention Partners
California Association of Sanitation Agencies
California Black Health Network
California Contract Cities Association
California Health Coalition Advocacy
California Municipal Utilities Association
California Nurses for Environmental Health & Justice
California Product Stewardship Council
California Professional Firefighters
California Safe Schools
California Special Districts Association
California Stormwater Quality Association
Californians Against Waste
CALPIRG
Central Contra Costa Sanitary District
Center for Community Action and Environmental Justice
Center for Environmental Health
Center for Public Environmental Oversight
Children Now
City of Camarillo
City of Lomita
City of Norwalk
City of Roseville
City of Sacramento
City of San Jose
City of Thousand Oaks
Clean Water Action
Clean Water SoCal
Coalition for Clean Air
Community Water Center
Dublin San Ramon Services District
East Bay Dischargers Authority
East Bay Leadership Council
East Bay Municipal Utility District
East Valley Water District
Eastern Municipal Water District
El Granada Advocates
Elsinore Valley Municipal Water District
Environmental Defense Fund
Environmental Investigation Agency
Environmental Working Group
Erin Brockovich Foundation
Families Advocating for Chemical and Toxics Safety
Fairfield-Suisun Sewer District
Gladfelty Government Relations
Go Green Initiative
Green Policy Initiative
Green Science Policy Institute
Immaculate Heart Community Environmental Commission
Inland Empire Utilities Agency
Integrated Resource Management
Jurupa Community Services District
Keen Footwear
Las Virgenes Municipal Water District
Latinas Contra Cancer
Leadership Counsel Action
League of California Cities
Learning Disabilities Association of America
Los Angeles County Sanitation Districts
Los Angeles Waterkeeper
Mamavation - Non-toxic Products for Healthy Families
Monterey One Water
National Stewardship Action Council
Non-toxic Neighborhoods
NRDC
Olivenhain Municipal Water District
Orange County Sanitation District
Physicians for Social Responsibility Los Angeles
Rancho California Water District
Recolte Energy
Resource Renewal Institute
Responsible Purchasing Network
Rethink Disposable
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Save the Bay
Sierra Club California
Silicon Valley Clean Water
SoCal 350 Climate Action
StopWaste
Story of Stuff
Swana California Chapters Legislative Task Force
Sweetwater Authority
Vallejo Flood and Wastewater District
Valley Sanitary District
Water Replenishment District
WateReuse
Western Municipal Water District
Opposition
Association of Home Appliance Manufacturers
California Chamber of Commerce
California Manufacturers and Technology Association
Cookware Sustainability Alliance
Groupe SEB
Household and Commercial Products Association
Meyer Corporation US
Motorcycle Industry Council
Range Kleen
Sur La Table
Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 682 |
THIRD READING
Bill No: SB 682
Author: Allen (D)
Amended: 5/23/25
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-3, 4/2/25
AYES: Blakespear, Gonzalez, Menjivar, Padilla, Pérez
NOES: Valladares, Dahle, Hurtado
SENATE HEALTH COMMITTEE: 7-2, 4/30/25
AYES: Menjivar, Durazo, Gonzalez, Limón, Padilla, Weber Pierson, Wiener
NOES: Valladares, Grove
NO VOTE RECORDED: Richardson, Rubio
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/23/25
AYES: Caballero, Cabaldon, Grayson, Richardson, Wahab
NOES: Seyarto
NO VOTE RECORDED: Dahle
SUBJECT: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
SOURCE: Breast Cancer Prevention Partners; California Association of Sanitation Agencies; Clean Water Action; Environmental Working Group; Natural Resources Defense Council
DIGEST:
This bill prohibits a person from distributing, selling, or offering for sale covered products that contain intentionally added per- and polyfluoroalkyl substances (PFAS) by 2027, 2035, and 2040. Exempts specified products from prohibition upon a granted determination from the Department of Toxic Substances Control (DTSC) that the use of PFAS in the product is a currently unavoidable use.
ANALYSIS:
Existing law:
- Prohibits, on and after July 1, 2023, a person, including, but not limited to, a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added PFAS or PFAS at or above 100 parts per million (ppm), as measured in total organic fluorine. (Health and Safety Code (HSC) § 108946)
- Prohibits, on and after January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain intentionally added PFAS, or PFAS at or above 100 ppm, and on or after January 1, 2027, 50 ppm, as measured in total organic fluorine. (HSC § 108971)
- Prohibits, commencing January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any specified intentionally added ingredients, including some PFAS chemicals. (HSC § 108980 (a))
- Prohibits, commencing on January 1, 2023, a person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added PFAS or PFAS at or above 100 ppm, as measured in total organic fluorine. (HSC § 109000)
- Prohibits a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state, and prohibits a person from using in this state, class B firefighting foam containing intentionally added PFAS chemicals. (HSC § 13061 et seq.)
- Requires DTSC to adopt regulations for the enforcement of those prohibitions on the use of PFAS and enforce and ensure compliance with those provisions. (HSC § 108075)
- Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
- Requires the DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified.
- Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern.
- Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product.
This bill:
- Authorizes the Safer Consumer Products Regulations to evaluate uses of PFAS.
- Defines terms including but not limited to: “2027 product”, “2035 product”, “2040 product”, “Cleaning product”, “Cookware”, “Currently unavoidable use”, “Intentionally added PFAS”, “PFAS”, “Product”, “Product category”, “Reliable information”, “Safer alternative”, and “Ski wax”.
- Prohibits a person from distributing, selling, or offering for sale a 2027 product that contains intentionally added PFAS commencing January 1, 2027.
- Prohibits a person from distributing, selling, or offering for sale a 2035 product that contains intentionally added PFAS that is water soluble, or may decompose into or release PFAS that is water soluble commencing January 1, 2035, except as specified.
- Prohibits a person from distributing, selling, or offering for sale specified products that contain intentionally added PFAS that is water soluble, or may decompose into or release PFAS that is water soluble commencing January 1, 2040.
- Requires manufacturers of products containing intentionally added PFAS, as specified, provide a statement of compliance and technical documentation upon request of DTSC.
- Exempts products or product categories from these bans if the use of PFAS in the product is determined to be a currently unavoidable use per the following requirements and specifications:
- Requires DTSC to review and determine whether the use of PFAS in the product category is a currently unavoidable use upon a petition that includes an application fee from a manufacturer. Requires DTSC to make a determination based on specified findings and after completing specified actions;
- Specifies the terms and conditions of a determination of currently unavoidable use; and,
- Requires DTSC to maintain on its internet website a list of each determination of currently unavoidable use.
- Requires DTSC to adopt regulations to administer these provisions on or before January 1, 2029.
- Creates the PFAS Oversight Fund in the State Treasury and deposits application fees for currently unavoidable use petitions in the fund. Authorizes DTSC to cover the cost of administering these provisions.
- Makes related findings and declarations.
Background
A PFAS zoo. PFAS are a broad class of man-made chemicals consisting of chains with bonded carbon and fluorine atoms. Because of their physical and chemical nature, PFAS are very durable and resistant to heat, water and oil, making them extremely useful in many industrial, commercial, and medical applications. As a consequence of their durability, they are persistent, meaning that they do not degrade easily in the environment and can bioaccumulate in living things.[1],[2],[3] According to the U.S. Environmental Protection Agency (U.S. EPA), there are nearly 15,000 PFAS compounds and they can be categorized into non-polymeric PFAS and polymeric PFAS.
Non-polymeric PFAS are smaller and lighter, which allows them to disperse and exist in air, water and soils.3 This type of PFAS is water soluble and used for surface protection, as an additive in various products, and as a processing aid for polymeric PFAS.3 Since non-polymeric PFAS is used in various products, including common household products, it can contaminate the environment through domestic wastewater or disposal into landfills.[4] When used as an industrial processing aid or in the manufacturing process, non-polymeric PFAS is emitted or disposed of in effluent wastewater or waste or is leached from products.3
Polymeric PFAS, on the other hand, is heavier and consists of longer chains of fluorine and carbon. These chemicals are not soluble in water and it has been claimed that PFAS in this category are too large to penetrate cell membranes, which would prevent bioaccumulation.2,[5],[6] Some subsets of polymeric PFAS can degrade into non-polymeric PFAS, but others, namely fluoropolymers are more stable. Fluoropolymers are plastics that are used in a wide range of sectors, including but not limited to aerospace, automotive, building construction, chemical processing, electronics, and green energy technology.3 Fluoropolymers have been shown to satisfy the criteria for polymers of low concern (PLC) developed by the Organization for Economic Cooperation and Development, in which PLC are considered to have insignificant environmental and health impacts.2,[7] However, these evaluations do not consider life-cycle assessments of these products, as fluoropolymers may involve the release of non-polymeric PFAS during their production or manufacturing, leach non-polymeric PFAS if insufficiently treated, and degrade into microplastics during disposal.3,5,[8]
Everything everywhere all at once: Exposure pathways & public health. The PFAS on or in products find many different ways into the environment throughout a product’s life cycle. PFAS compounds have been detected globally in soil, groundwater, and surface water. Plants can uptake PFAS and bioaccumulation can occur within their tissues and the animals that eat them. Primarily, human exposure occurs through consuming food and drinking water.4 The drinking water of at least 70 million Americans contains PFAS at levels high enough to require reporting under federal law. California has multiple water systems with PFAS levels that are at least double the reporting concentration level.[9] Exposure to certain PFAS may lead to adverse health outcomes, including reproductive and developmental effects, increased risk of cancer, suppressed immune systems, and endocrine disruption.[10]
From a piecemeal approach to an umbrella ban. When it comes to products containing PFAS, California has taken a piecemeal approach through bans. The Legislature has enacted several PFAS prohibitions in the last several years. These include PFAS prohibitions at different levels across many product categories: a ban on PFAS in textiles (AB 1817, Ting, Chapter 762, Statutes of 2022); cosmetic products (AB 2771, Friedman, Chapter 804, Statutes of 2022); food packaging (AB 1200, Ting, Chapter 503, Statutes of 2021); new juvenile products (AB 652, Friedman, Chapter 500, Statutes of 2021); and, firefighting foam (SB 1044, Allen, Chapter 308, Statutes of 2020). Perhaps the intentions of these piecemeal approaches were to take an immediate focus on products that come into physical contact with our bodies, rid of the PFAS unnecessary for the function of the product, or address prohibitions in a less cumbersome way. SB 903 (Skinner, 2024) was bold to broaden the prohibition to all products, but it died in Senate Appropriations Committee. SB 903 lacked flexibility that would allow time for administrative procedures and industry innovation, especially for products in which PFAS is considered to be an essential use. The current bill addresses these constraints with a tiered timeline and categorical approach for a more efficient review of petitions and an opportunity for industries to adjust.
Whether the approach to prohibition is piecemeal or an umbrella, outright bans can be risky. There may not be enough time to find alternatives that are suitable for the product or public health, and in many cases, bans can result in the use of regrettable substitutions. Finding alternatives that fit the bill for the product function and public health takes time for in-depth, comprehensive research and thorough collaborative evaluations.
DTSC Safer Consumer Products Program. DTSC administers the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, which aims to advance the design, development, and use of products that are chemically safer for people and the environment. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Under the SCP Program, all PFAS compounds are “Candidate Chemicals” because they exhibit specified hazardous traits.
DTSC has designated two product categories that contain PFAS as “Priority Products”: carpets/rugs and treatments for textiles or leathers. A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts on humans or the environment. Manufacturers of a Priority Product must submit an alternatives analysis which determines whether there are any safer alternatives to the Candidate Chemical in the product. The outcomes of the alternatives analysis could lead to alternative ingredients or product design or regulatory responses.
Comments
Purpose of Bill. According to the author, “SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals," in products. SB 682 will pragmatically shift California’s approach to PFAS to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue. California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from PFAS-associated health harms, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals.”
How the costs of contamination trickles down. Part of the burden and responsibility to address PFAS contamination often falls on municipal drinking water and wastewater systems. The U.S. EPA requires these public systems to monitor their water and take action if the contamination exceeds the maximum contaminant levels (MCLs). With new developments in the research of exposure and health impacts of PFAS, the U.S. EPA can establish more stringent MCLs. By lowering this threshold, more public drinking water systems may exceed the MCL and would be considered in a health-based violation under the Safe Drinking Water Act. If a public water system does not comply with the required standards within a period of time, then state agencies can take enforcement actions, including administrative orders, legal actions, or issue fines.[11],[12] The costs of enforcement could then further inhibit the ability to comply. The financial burden of treatment can be shifted to the public, through increases in utility rates where possible or with state and federal funds. But in some cases, if water systems lack the ability to treat PFAS contamination, they may shut down, eliminating access to water supplies.
Evaluating alternatives and exemptions. The proposed bill authorizes but does not require, DTSC to evaluate alternatives for PFAS for the products covered in this chapter through the Safer Consumer Products program (SCP). Instead, it puts the onus of finding safer alternatives on manufacturers or requires them to prove that they may be eligible for an exemption. Manufacturers must provide information that resembles an “SCP-Lite”, and DTSC makes a determination based on this evidence and other considerations, including available reliable information and other similar bans across the globe.
Creating an SCP-Lite driven by industry could speed up the process of determining which PFAS products are banned, as there are hundreds to thousands of products with PFAS compounds that could be banned by 2035 and 2040. However, there is a reason evaluations take as long as they do in SCP. While SCP may be slow, it is also very thorough. An SCP-Lite could lead to the restriction of PFAS with insufficient evidence, or decisions to grant “currently unavoidable use” status haphazardly when more evaluation could have been useful. It is possible DTSC will still be extremely thorough in this evaluation, and this “SCP-Lite” may still be slow. Additionally, using a faster, slimmer, and industry-led process may lead to regrettable substitutions. Regrettable substitutions have been a past occurrence. Following the PFOA Stewardship Program with the U.S. EPA, eight major PFAS producers have phased out PFAS compounds from products. However, manufacturers are replacing those substances with similar substances with insufficient data and some data demonstrating similar toxicological behaviors as the chemicals it replaced.[13]
[NOTE: See the Senate Environmental Quality Committee analysis for detailed background of this bill.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “Ongoing costs of up to $12 million annually (PFAS Oversight Fund, PFAS Enforcement Fund, Toxic Substances Control Account [TSCA]) for DTSC to develop and maintain a system for receiving and reviewing unavoidable use petitions and registration information received as well as to post a list of accepted testing methods and request, review, and verify technical documentation received from regulated entities, among other things. These costs would be at least partially offset by registration fees and administrative penalties. DTSC notes that until full implementation of AB 347 and SB 682, the startup costs for SB 682 would require a loan to the PFAS Enforcement Fund and PFAS Oversight Fund from TSCA.”
SUPPORT: (Verified 5/23/25)
Breast Cancer Prevention Partners (co-source)
California Association of Sanitation Agencies (co-source)
Clean Water Action (co-source)
Environmental Working Group (co-source)
Natural Resources Defense Council (co-source)
A Voice for Choice Advocacy
Alliance of Nurses for Healthy Environments
American College of Ob-gyn's District Ix
American Sustainable Business Network
Association of California Water Agencies
Azul
Bay Area Clean Water Agencies
Breast Cancer Prevention Partners
California Association of Sanitation Agencies
California Casa
California Health Coalition Advocacy
California Product Stewardship Council
California Professional Firefighters
California Safe Schools
California Safe Schools Coalition
California Stormwater Quality Association
Californians Against Waste
Calpirg
Center for Community Action and Environmental Justice
Center for Community Action and Environmental Justice
Center for Environmental Health
Center for Public Environmental Oversight
Central Contra Costa Sanitary District
City of Roseville
City of Thousand Oaks
Clean Water Action
Cleanearth4kids.org
Climate Reality Project San Diego
Climate Reality Project San Fernando Valley Chapter
Climate Reality Project, Los Angeles Chapter
Climate Reality Project, Orange County
Coalition for Clean Air
Community Water Center
Dublin San Ramon Services District
East Bay Dischargers Authority
East Valley Water District
Eastern Municipal Water District
Educate. Advocate.
El Granada Advocates
Elsinore Valley Municipal Water District
Environmental Defense Fund
Environmental Working Group
Erin Brockovich Foundation
Facts Families Advocating for Chemical and Toxics Safety
Fairfield-suisun Sewer District
Go Green Initiative
Green Science Policy Institute
Inland Empire Utilities Agency
Integrated Resource Management
Jurupa Community Services District
Las Virgenes Municipal Water District
Leadership Counsel Action
League of California Cities
Los Angeles County Sanitation Districts
Los Angeles Waterkeeper
Monterey One Water
National Stewardship Action Council
Natural Resources Defense Council
Non-toxic Neighborhoods
Nrdc
Orange County Sanitation District
Physicians for Social Responsibility-los Angeles
Rancho California Water District
Recolte Energy
Resource Renewal Institute
Responsible Purchasing Network
Rethink Disposable
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Save the Bay
Sierra Club
Sierra Club California
Silicon Valley Clean Water
Socal 350 Climate Action
Story of Stuff
Vallejo Flood and Wastewater District
Valley Sanitary District (UNREG)
Water Replenishment District of Southern California
Watereuse California
Western Municipal Water District
OPPOSITION: (Verified 5/23/25)
Advanced Medical Technology Association
Agc America INC. And Subsidiaries
Air Conditioning, Heating and Refrigeration Institute
Alliance for Automotive Innovation
American Apparel & Footwear Association
American Chemistry Council
American Coatings Association
American Forest & Paper Association
American Fuel & Petrochemical Manufacturers
American Petroleum Institute
Animal Health Institute
Association of Equipment Manufacturers
Association of Home Appliance Manufacturers
Bio-process Systems Alliance
Biocom California
Building Owners and Managers Association of California
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Grocers Association
California Hispanic Chamber of Commerce
California Hydrogen Business Council
California Life Sciences
California Manufacturers & Technology Association
California Metals Coalition
California New Car Dealers Association
California Restaurant Association
California Retailers Associaiton
Can Manufacturers Institute
Center for Baby and Adult Hygiene Products
Chemical Industry Council of California
Communication Cable and Connectivity Association
Consumer Brands Association
Consumer Healthcare Products Association
Cookware Sustainability Alliance
Croplife America
Dairy Institute of California
European Federation of The Cookware, Cutlery and Houseware Industry
Flexible Packaging Association
Fluid Sealing Association
Fuel Cell and Hydrogen Energy Association
Household and Commercial Products Association
International Sleep Products Association
Juvenile Products Manufacturers Association
Lkq Corporation
Mema the Vehicle Supply Association
Motorcycle Industry Council
Naiop California
National Council of Textile Organizations
National Marine Manufacturers Association
North American Association of Food Equipment Manufacturers
Personal Care Products Council
Plumbing Manufacturers International
Printing United Alliance
Recreational Vehicle Institute of America
Responsible Industry for A Sound Environment - Rise
Rv Industry Association
Specialty Equipment Market Association
Specialty Vehicle Institute of America
Spray Polyurethane Foam Alliance
The Cookware and Bakeware Alliance
The Toy Association
Truck and Engine Manufacturers Association
Valve Manufacturers Association
Western Plant Health Association
Western Plastics Association
Prepared by: Taylor McKie / E.Q. / (916) 651-4108
5/27/25 15:27:28
**** END ****
National Institute of Environmental Health Sciences. (2025). Perfluoroalkyl and Polyfluoroalkly Substances. ↑
Henry, B. J., et. al. (2018). A critical review of the application of polymer of low concern. ↑
Jacobs, S. A., et. al. (2024). Assessment of Fluoropolymer Production and Use With Analysis of Alternative Replacement Materials. ↑
Kibuye, F. (2023). Understanding PFAS – What they are, their impact, and what we can do. ↑
Lohmann, R., et. al. (2020). Are fluoropolymers really of low concern for human and environmental health and separate from other PFAS? ↑
Améduri, B. (2023). Fluoropolymers as unique and irreplaceable materials: challenges and future trends in these specific per or poly-fluoroalkyl substances. ↑
OECD Task Force on New Chemicals Notification and Assessment. (2007). Data Analysis of the Identification of Correlations between Polymer Characteristics and Potential for Health or Ecotoxicological Concern. ↑
Lohmann, R., & Letcher, R. J. (2023). The universe of fluorinated polymers and polymeric substances and potential environmental impacts and concerns. ↑
Fast, A. et. al. (2024). 70 million Americans drink water from systems reporting PFAS to EPA. ↑
U.S. Environmental Protection Agency. (2024). Our Current Understanding of the Human Health and Environmental Risks of PFAS. ↑
U.S. Environmental Protection Agency (2024). Safe Drinking Water Act (SDWA) Resources and FAQs. ↑
U.S. Environmental Protection Agency (2004). Understanding the Safe Drinking Water Act. ↑
State Water Board. (2025). PFAS background. ↑
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 682 (Allen) - Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would ban certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 23, 2025
Fiscal Impact:
- Ongoing costs of up to $12 million annually (PFAS Oversight Fund, PFAS Enforcement Fund, Toxic Substances Control Account [TSCA]) for DTSC to develop and maintain a system for receiving and reviewing unavoidable use petitions and registration information received as well as to post a list of accepted testing methods and request, review, and verify technical documentation received from regulated entities, among other things. These costs would be at least partially offset by registration fees and administrative penalties. DTSC notes that until full implementation of AB 347 and SB 682, the startup costs for SB 682 would require a loan to the PFAS Enforcement Fund and PFAS Oversight Fund from TSCA.
Author Amendments:
Authors amendments would streamline DTSC procedures.
Committee Amendments:
Committee amendments would refine specified product categories. Specifically, for a 2035 or 2040 product, committee amendments would narrow the bill’s prohibition to apply only to a product that contains intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or release PFAS that is water soluble, as specified.
-- END --
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
SB 682 (Allen) - Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would ban certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined.
Fiscal Impact:
- The Department of Toxic Substances Control (DTSC) estimates ongoing costs of up to $12.7 million annually (PFAS Oversight Fund, PFAS Enforcement Fund, Toxic Substances Control Account [TSCA]) and 32 – 36 positions to develop and maintain a system for receiving and reviewing unavoidable use petitions and registration information received as well as to post a list of accepted testing methods and request, review, and verify technical documentation received from regulated entities, among other things. These costs would be at least partially offset by registration fees and administrative penalties. DTSC notes that until full implementation of AB 347 and SB 682, the startup costs for SB 682 would require a loan to the PFAS Enforcement Fund and PFAS Oversight Fund from TSCA.
Background:
Per- and polyfluoroalkyl substances (PFAS) are a broad class of man-made chemicals consisting of chains with bonded carbon and fluorine atoms. Because of their physical and chemical nature, PFAS are very durable and resistant to heat, water and oil, making them extremely useful in many industrial, commercial, and medical applications. As a consequence of their durability, they are persistent, meaning that they do not degrade easily in the environment and can bioaccumulate in living things.
The PFAS on or in products find many different ways into the environment throughout a product’s life cycle. PFAS compounds have been detected globally in soil, groundwater, and surface water. Plants can uptake PFAS and bioaccumulation can occur within their tissues and the animals that eat them. Primarily, human exposure occurs through consuming food and drinking water. Exposure to certain PFAS may lead to adverse health outcomes, including reproductive and developmental effects, increased risk of cancer, suppressed immune systems, and endocrine disruption.11 It has been estimated that the cost associated with the contribution of PFAS exposure to disease and disability in the United States is at least $5.5 billion and upwards of $62 billion.
Recent legislative action.. When it comes to products containing PFAS, California has taken a piecemeal approach through bans. The Legislature has enacted several PFAS prohibitions in the last several years. These include PFAS prohibitions at different levels across many product categories: a ban on PFAS in textiles (AB 1817, Ting, Chapter 762, Statutes of 2022); cosmetic products (AB 2771, Friedman, Chapter 804, Statutes of 2022); food packaging (AB 1200, Ting, Chapter 503, Statutes of 2021); new juvenile products (AB 652, Friedman, Chapter 500, Statutes of 2021); and, firefighting foam (SB 1044, Allen, Chapter 308, Statutes of 2020). Perhaps the intentions of these piecemeal approaches were to take an immediate focus on products that come into physical contact with our bodies, rid of the PFAS unnecessary for the function of the product, or address prohibitions in a less cumbersome way.
SB 903 (Skinner, 2024) would have broadened the prohibition to all products, but it was held on the suspense file in this committee amid cost and other concerns. According to the Senate Environmental Quality Committee analysis, SB 903 lacked flexibility that would have allowed time for administrative procedures and industry innovation, especially for products in which PFAS is considered to be an essential use. This bill seeks to address these constraints with a tiered timeline and categorical approach for a more efficient review of petitions and an opportunity for industries to adjust.
Whether the approach to prohibition is piecemeal or an umbrella, outright bans can be risky. There may not be enough time to find alternatives that are suitable for the product or public health, and in many cases, bans can result in the use of regrettable substitutions. Finding alternatives that fit the bill for the product function and public health takes time for in-depth, comprehensive research and thorough evaluations, ideally involving government agencies, industry, research institutions, and the public.
DTSC Safer Consumer Products Program. DTSC administers the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, which aims to advance the design, development, and use of products that are chemically safer for people and the environment. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Under the SCP Program, all PFAS compounds are “Candidate Chemicals” because they exhibit specified hazardous traits.
DTSC has designated two product categories that contain PFAS as “Priority Products”: carpets/rugs and treatments for textiles or leathers. A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts on humans or the environment. Manufacturers of a Priority Product must submit an alternatives analysis which determines whether there are any safer alternatives to the Candidate Chemical in the product or if there are other ways to make a safer version of the product. The alternatives analysis takes a life cycle approach, evaluating certain factors and the safety of the product from raw material extraction to disposal/recycling. The outcomes of the alternatives analysis could lead to alternative ingredients or product design or regulatory responses including, but not limited to: requiring the display of product information, chemical restrictions, product prohibitions, or end-of-life management requirements.
Proposed Law:
This bill would ban certain products containing intentionally added PFAS, as defined. Specifically, it would:
- Prohibit, after January 1, 2027, the distribution, sale, or offering for sale of cleaning products, cookware, dental floss, juvenile products, food packaging, or ski wax that contains intentionally added PFAS. After January 1, 2035, the prohibition would apply to any consumer product that contains intentionally added PFAS, with certain exceptions described below.
- Define “intentionally added PFAS” as either:
- PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process; or,
- PFAS intentionally used or produced during a product’s manufacture or processing that is introduced into or onto the product and has a functional or technical effect in the product or manufacturing process. This includes any source of PFAS with a technical or functional effect that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
- Delay the prohibition on the distribution, sale, or offering for sale of products containing intentionally added PFAS, until January 1, 2040, for the following products:
- Textiles used for personal protective equipment and those used for noise and vibration insulation in engine bays in the automotive industry;
- Refrigerants used in temperature refrigeration below minus 50 degrees Celsius, laboratory test and measurement equipment, or a refrigerated centrifuge.
- Solvents used for certain specified applications;
- A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
- A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health;
- A fluorinated gas used for the preservation of a cultural paper-based material;
- A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods;
- An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry;
- A product used in the semiconductor manufacturing process;
- A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment;
- A fluoropolymer product used in petroleum production and mining; or,
- Refrigerants used for the maintenance and refilling of installed equipment, including, but not limited to, refrigeration equipment, dehumidifiers, heat pumps, and other heating, venting, and air-conditioning products.
- Provide for certain exemptions from the 2027, 2035, and 2040 prohibitions, including for a product or product category for which federal law governs the presence of PFAS in a manner that preempts state authority; or, a previously used product.
- Exempt, from the 2035 and 2040 prohibitions, a product or product category for which there is a determination of currently unavoidable use identified on the DTSC website.
- Permit DTSC to establish, by regulation, an effective date for the PFAS prohibition in a product or product category that is before January 1, 2035, if it is feasible to do so, and requires DTSC to consider public petitions that request an earlier effective date for a product category. Require feasibility to be deemed to exist if DTSC makes certain findings.
- Permit feasibility to also be determined if the findings of all or part of a publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS. Permit DTSC to only rely on a study or evaluation that is reliable information and to use its discretion to analyze on a case-by-case basis whether the reliable information is sufficient to show the viability of safer alternatives to PFAS.
Manufacturer petition for exclusion
- Require DTSC, upon a petition from a manufacturer or group of manufacturers, to review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. Require DTSC, in making that determination, to use the broadest reasonable product category when selecting the category, and to rely on analysis and findings from a prior determination for a product category, if a prior determination exists.
- Permit DTSC to identify exclusions from a product category. Require exclusions to be construed as narrowly as possible. Require DTSC to find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds:
- There are no safer alternatives to PFAS that are reasonably available;
- The function provided by PFAS in the product is necessary for the product to work; and,
- The use of PFAS in the product is critical for health, safety, or the functioning of society;
- Require the manufacturer or group, in its petition, provide:
- Evidence that demonstrates the criteria in 9) a)-c) above, are met;
- Any additional information requested by DTSC to assist in making the determination;
- Any other information that the manufacturer believes is relevant, with an explanation of the relevance; and,
- An application fee.
- Permit the manufacturer or group submitting this information to request DTSC treat that information as confidential.
- Require DTSC, when determining whether the use of PFAS in a product category is a currently unavoidable use, to:
- Consider the information provided by the manufacturer, including relevance and significance for the product category;
- Consider available reliable information, to the extent DTSC finds useful;
- Consider bans on the sale or use of PFAS in the product or product category in another state, the U.S., or other countries; and,
- Provide an opportunity for public comment.
- Require DTSC to make a determination without evaluating all this criteria if the determination can be made based on fewer criteria.
- Require DTSC, upon finding that the use of PFAS in a product category is a currently unavoidable use, to issue a determination for a period of five years, unless otherwise provided by DTSC. Permit DTSC to approve an extension of up to three years to aid administrative needs. Requires a subsequent renewal request to be made within five years of a determination.
- Permit DTSC to review a determination of currently unavoidable use before its expiration and to revoke the determination if there is a significant change in the information supporting the determination.
- Require DTSC to consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of information.
- Permit a manufacturer or group to submit a petition to renew a determination of currently unavoidable use no later than six months before its expiration. Require the petition to comply with requirements for the initial petition, and to also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS. Require DTSC to comply with the requirements for reviewing an initial petition in its review of the renewal request.
- Require DTSC to maintain on its website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt.
- Require a manufacturer or group subject to the 2035 prohibition to submit a petition for unavoidable use determination before January 1, 2030, and require DTSC to make a final determination on petitions by January 1, 2034. Require petitions for products subject to the 2040 prohibition to be submitted before January 1, 2035, and requires DTSC to make a final determination on or before January 1, 2039. Permit a petitioner to supplement its petition only once with relevant new information within these timeframes.
Regulations
- Permit the Safer Consumer Products Program regulations to evaluate uses of PFAS.
- Require DTSC, by January 1, 2029, to adopt regulations to administer this bill. Require the regulations to include guidance regarding the sufficiency of reliable information when the use of reliable information is required. Require the regulations to establish and provide for the assessment of an application fee. Require moneys received from the application fee to be deposited into the PFAS Oversight Fund, which is created in the State Treasury under this bill. Require moneys in the account to be used, upon appropriation by the Legislature, to cover DTSC’s reasonable costs of administering this bill.
Related Legislation:
SB 903 (Skinner of 2024) would have prohibited the distribution, sale, or offering for sale a product that contains intentionally added PFAS unless the use is currently unavoidable, and would have authorized DTSC to establish regulations to administer the prohibition. SB 903 was held on the suspense file in this committee.
AB 347 (Ting, Chapter 932, Statutes of 2024) requires DTSC to adopt regulations for the enforcement PFAS prohibitions and to ensure compliance with those regulations.
AB 2515 (Papan, Chapter 1008, Statutes of 2024) prohibits the manufacture, distribution, sale, or offering for sale any menstrual products that contain regulated PFAS.
AB 1817 (Ting, Chapter 762, Statutes of 2022) prohibits the manufacture, sale, delivery, holding or offering for sale any new textile articles that contain regulated PFAS.
AB 2771 (Friedman, Chapter 804, Statutes of 2022) prohibits the manufacture, sale, delivery, holding or offering for sale any cosmetic product that contains intentionally added PFAS.
AB 652 (Friedman, Chapter 500, Statutes of 2021) prohibits the sale or distribution any new juvenile product that contains regulated PFAS.
AB 1200 (Ting, Chapter 503, Statutes of 2021) prohibits the sale, distribution, or offer for sale any food packaging that contains PFAS.
SB 1044 (Allen, Chapter 308, Statutes of 2020) prohibits the manufacture, sale, distribution, and use of class B firefighting foam containing PFAS chemicals, with some exceptions, and requires notification of the presence of PFAS in the protective equipment of firefighters.
SB 312 (Leyva, Chapter 315, Statutes of 2020) establishes the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020, which requires disclosure of specified flavor and fragrance ingredients that are found in cosmetic products that are on any of the authoritative lists as specified in the bill to the California Department of Public Health, which is then required to post on its existing database of cosmetic product information a list of those fragrance and flavor ingredients and their associated health hazards.
AB 1989 (Garcia, Chapter 272, Statutes of 2020) established the Menstrual Products Right to Know Act of 2020, which requires the disclosure of ingredients in menstrual products on the product label and on a website.
SB 258 (Lara, Chapter 830, Statutes of 2017) establishes the Cleaning Product Right to Know Act of 2017, which requires manufacturers of cleaning products to disclose chemical ingredients that are found in any of the authoritative lists identified in the bill on the product label and on the manufacturer’s website.
AB 1319 (Butler, Chapter 467, Statutes of 2011) enacted the Toxin-Free Infants and Toddlers Act, which prohibits the manufacture, sale, or distribution of any bottle or cup that contained BPA at a detectable level above 0.1 parts per billion, if the bottle or cup is designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption by infants or children three years of age or younger.
AB 1879 (Feuer, Chapter 559, Statutes of 2008) enacted the Green Chemistry program, which required DTSC to adopt regulations to establish processes for identifying, prioritizing, and evaluating chemicals of concern and their potential alternatives.
Staff Comments:
DTSC’s duties to initiate, implement, or enforce provisions of this bill would be contingent upon availability of sufficient funds in TSCA, as determined by the Department of Finance. The Toxic Substances Control Account is supported by the Environmental Fee, which is annually adjusted by the Board of Environmental Safety at a rate sufficient to cover DTSC’s operations. According to DTSC, the fee would need to be increased by approximately 12% to generate sufficient revenues to fund the increased expenditures required to implement this bill. The increased rates would continue until sufficient revenues are generated in the PFAS Oversight Fund to maintain solvency while repaying the loan.
-- END --
SENATE COMMITTEE ON HEALTH
Senator Caroline Menjivar, Chair
BILL NO: SB 682
AUTHOR: | Allen | ||
VERSION: | April 22, 2025 | ||
HEARING DATE: | April 30, 2025 | ||
CONSULTANT: | Melanie Moreno | ||
SUBJECT: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
SUMMARY:
Prohibits the distribution, sale, or offering for sale of consumer products containing intentionally added per- and polyfluoroalkyl substances (PFAS) on a graduated timeline. Exempts certain products, including those where federal law governs the presence of PFAS, prescription drugs/devices, medical devices, and food. Requires the Department of Toxic Substances Control, upon a petition from a manufacturer, to review and determine whether the use of PFAS in a product is a currently unavoidable use.
Existing law:
- Prohibits the sale or distribution of any new, not previously owned, juvenile product that contains intentionally added PFAS or PFAS at or above 100 parts per million (ppm). [HSC §108945]
- Prohibits the manufacture, distribution, sale, or offer for sale any new, not previously used, textile articles that contains intentionally added PFAS or PFAS at or above 100 ppm. [HSC §108971]
- Prohibits the manufacture, sale, delivery, holding, or offering for sale, in commerce any cosmetic product that contains any specified intentionally added ingredients, including some PFAS chemicals. [HSC §108980]
- Prohibits the distribution, sale, or offering for sale of any food packaging or cookware that contains intentionally added PFAS or PFAS at or above 100 ppm. Requires cookware that contains specified intentionally added chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages to list the presence of those chemicals on the product label. [HSC §109000, et seq.]
- Establishes the Green Chemistry program (referred to as the Safer Consumer Products Program under regulations), which requires the California Department of Toxic Substances Control (DTSC) to adopt regulations to establish a process to identify and prioritize those chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern. Requires these regulations to consider the volume of the chemical in commerce in this state, the potential for exposure to the chemical in a consumer product, and the potential effects on sensitive subpopulations, including infants and children. [HSC §25252]
This bill:
PFAS prohibitions and exemptions
- Prohibits, after January 1, 2027, the distribution, sale, or offering for sale of cleaning products, cookware, dental floss, juvenile products, food packaging, or ski wax that contain intentionally added PFAS. After January 1, 2035, the prohibition applies to any consumer product that contains intentionally added PFAS, with certain exceptions described in 3) and 4) below.
- Defines “intentionally added PFAS” as either:
- PFAS added to a product that has a functional or technical effect in the product, including the PFAS components of intentionally added chemical mixtures and PFAS that are intentional results or outcomes of an added chemical or process; or,
- PFAS intentionally used or produced during a product’s manufacture or processing that is introduced into or onto the product and has a functional or technical effect in the product or manufacturing process. This includes any source of PFAS with a technical or functional effect that is reasonably known to be present, including the use of processing agents, mold release agents, or fluorination, but does not include contaminated natural resources, such as water.
- Delays the prohibition on the distribution, sale, or offering for sale of products containing intentionally added PFAS, until January 1, 2040, for the following products:
- Textiles used for personal protective equipment and those used for noise and vibration insulation in engine bays in the automotive industry;
- Refrigerants used in temperature refrigeration below minus 50 degrees Celsius, laboratory test and measurement equipment, or a refrigerated centrifuge.
- Solvents used for certain specified applications;
- A propellant for a technical aerosol for an application where nonflammability and high technical performance of spray quality is required.
- A clean fire suppressant used where current alternatives damage the assets to be protected or pose an acute risk to human health;
- A fluorinated gas used for the preservation of a cultural paper-based material;
- A product affecting the proper functioning related to the safety of a vehicle and affecting the safety of an operator, passenger, or goods;
- An additive to a hydraulic fluid for antierosion or anticorrosion in a hydraulic system, including, but not limited to, control valves in the aircraft and aerospace industry;
- A product used in the semiconductor manufacturing process;
- A lubricant where the use takes place under harsh conditions or the use is for the safe functioning and safety of equipment;
- A fluoropolymer product used in petroleum production and mining; or,
- Refrigerants used for the maintenance and refilling of installed equipment, including, but not limited to, refrigeration equipment, dehumidifiers, heat pumps, and other heating, venting, and air-conditioning products.
- Exempts, from the 2027, 2035, and 2040 prohibitions, a product or product category for which federal law governs the presence of PFAS in a manner that preempts state authority; or, a previously used product. Also exempts from these prohibitions: prescription drugs and devices and their packaging, medical devices and its packaging, dental restorative materials, food, and pesticides.
- Exempts, from the 2035 and 2040 prohibitions, a product or product category for which there is a determination of currently unavoidable use identified on the DTSC website.
- Permits DTSC to establish, by regulation, an effective date for the PFAS prohibition in a product or product category that is before January 1, 2035, if it is feasible to do so, and requires DTSC to consider public petitions that request an earlier effective date for a product category. Requires feasibility to be deemed to exist if DTSC finds:
- There are safer alternatives to the use of PFAS in the product or product category that are reasonably available;
- The function provided by PFAS in the product is not necessary for the product or product category to work; or
- The use of PFAS in the product or product category is not critical for the health, the safety, or the functioning of society.
- Permits feasibility to also be determined if the findings of all or part of a publicly available study or evaluation of alternatives shows the viability of safer alternatives to PFAS. Permits DTSC to only rely on a study or evaluation that is reliable information and to use its discretion to analyze on a case-by-case basis whether the reliable information is sufficient to show the viability of safer alternatives to PFAS.
Manufacturer petition for exclusion
- Requires DTSC, upon a petition from a manufacturer or group of manufacturers, to review and determine whether the use of PFAS in the product category to which the product belongs is a currently unavoidable use. Requires DTSC, in making that determination, to use the broadest reasonable product category when selecting the category, and to rely on analysis and findings from a prior determination for a product category, if a prior determination exists.
- Permits DTSC to identify exclusions from a product category. Requires exclusions to be construed as narrowly as possible. Requires DTSC to find that the use of PFAS in the product category or for an exclusion is a currently unavoidable use only if it finds:
- There are no safer alternatives to PFAS that are reasonably available;
- The function provided by PFAS in the product is necessary for the product to work; and,
- The use of PFAS in the product is critical for health, safety, or the functioning of society;
- Requires the manufacturer or group, in its petition, provide:
- Evidence that demonstrates the criteria in 9) a)-c) above, are met;
- Any additional information requested by DTSC to assist in making the determination;
- Any other information that the manufacturer believes is relevant, with an explanation of the relevance; and,
- An application fee.
- Permits the manufacturer or group submitting this information to request DTSC treat that information as confidential.
- Requires DTSC, when determining whether the use of PFAS in a product category is a currently unavoidable use, to:
- Consider the information provided by the manufacturer, including relevance and significance for the product category;
- Consider available reliable information, to the extent DTSC finds useful;
- Consider bans on the sale or use of PFAS in the product or product category in another state, the U.S., or other countries; and,
- Provide an opportunity for public comment.
- Requires DTSC to make a determination without evaluating all this criteria if the determination can be made based on fewer criteria.
- Requires DTSC, upon finding that the use of PFAS in a product category is a currently unavoidable use, to issue a determination for a period of five years, unless otherwise provided by DTSC. Permits DTSC to approve an extension of up to three years to aid administrative needs. Requires a subsequent renewal request to be made within five years of a determination.
- Permits DTSC to review a determination of currently unavoidable use before its expiration and to revoke the determination if there is a significant change in the information supporting the determination.
- Requires DTSC to consider public petitions requesting a review of a determination of currently unavoidable use based on a significant change of information.
- Permits a manufacturer or group to submit a petition to renew a determination of currently unavoidable use no later than six months before its expiration. Requires the petition to comply with requirements for the initial petition, and to also provide evidence of significant efforts to develop a safer alternative to the continued use of PFAS. Requires DTSC to comply with the requirements for reviewing an initial petition in its review of the renewal request.
- Requires DTSC to maintain on its website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt.
- Requires a manufacturer or group subject to the 2035 prohibition to submit a petition for unavoidable use determination before January 1, 2030, and requires DTSC to make a final determination on petitions by January 1, 2034. Requires petitions for products subject to the 2040 prohibition to be submitted before January 1, 2035, and requires DTSC to make a final determination before January 1, 2039. Permits a petitioner to supplement its petition once with relevant new information within these timeframes.
Regulations
- Permits the Safer Consumer Products Program regulations to evaluate uses of PFAS.
- Requires DTSC, by January 1, 2027, to adopt regulations to administer this bill. Requires the regulations to include guidance regarding the sufficiency of reliable information when the use of reliable information is required. Requires the regulations to establish and provide for the assessment of an application fee. Requires moneys received from the application fee to be deposited into the PFAS Oversight Fund, which is created in the State Treasury under this bill. Requires moneys in the account to be used, upon appropriation by the Legislature, to cover DTSC’s reasonable costs of administering this bill.
FISCAL EFFECT:
This bill has not been analyzed by a fiscal committee.
COMMENTS:
- Author’s statement. According to the author, this bill aims to comprehensively ban unnecessary uses of PFAS, commonly known as "forever chemicals," in products. This bill will pragmatically shift California to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue. Manufacturers who wish to continue to use PFAS will have to demonstrate that the use of PFAS in their product is unavoidable, the function provided by PFAS in the product is necessary for the product to work, and the product is critical for the health, safety, or functioning of society. To ensure industries have sufficient time to comply, this bill includes three time periods to phase-in various products, beginning in 2027 with a handful of products with known PFAS-free alternatives and PFAS prohibitions in other states, 2035 for many other products, and finally 2040. California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. This bill will protect people from exposure to harmful chemicals, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals.
- Background on PFAS. According to the U.S. Environmental Protection Agency (EPA), PFAS are a group of manufactured chemicals that have been used in consumer products since the 1940s. There are thousands of different PFAS, some of which have been more widely used and studied. One common characteristic of concern of PFAS is that many break down very slowly and build up in people, animals, and the environment over time. PFAS is found in: drinking water; soil and water at or near waste sites; fire extinguishing foam; manufacturing or chemical production facilities that produce or use PFAS; food and food packaging; household products and dust; personal care products (including cosmetics); and, biosolids. Due to their widespread production and use, as well as their ability to move and persist in the environment, surveys conducted by the Centers for Disease Control and Prevention (CDC) show that most people have been exposed to PFAS. Most known exposures are relatively low, but some can be high, particularly when people are exposed to a concentrated source over long periods of time. Studies indicate that PFAS may lead to:
- Reproductive effects such as decreased fertility or increased high blood pressure in pregnant women;
- Developmental effects or delays in children, including low birth weight, accelerated puberty, bone variations, or behavioral changes;
- Increased risk of some cancers, including prostate, kidney, and testicular cancers;
- Reduced ability of the body’s immune system to fight infections, including reduced vaccine response;
- Interference with the body’s natural hormones; and,
- Increased cholesterol levels and/or risk of obesity.
- Recent actions on PFAS. PFAS chemicals are “candidate chemicals” under DTSC’s Safer Consumer Products program because they exhibit specified hazard traits. Through the program, DTSC identifies “Priority Products,” which are product-chemical combinations that can expose people or the environment to one or more candidate chemicals, causing or contributing to significant or widespread adverse impacts. On July 1, 2021, DTSC designated carpets and rugs containing PFAS as a Priority Product; and, effective April 1, 2022, PFAS treatment for textiles and leathers are also considered a Priority Product. Manufacturers of a Priority Product must submit documentation regarding their product to DTSC and submit an alternatives analysis; or, they can remove the product for sale in California or remove or replace the chemical of concern. DTSC is currently evaluating PFAS in artificial turf and floor polishes and waxes. Separately, the State Water Board has taken a number of actions related to PFAS in drinking water, including (in July 2020) issuing Investigative Orders to Publicly Owned Treatment Works that receive PFAS in their influent wastewater flow and then potentially distribute it out in the effluent wastewater. The orders require sampling for 31 PFAS compounds. Additionally, the State Water Board issued a General Order in August 2020 for public water systems to sample for and report PFAS. In March 2024, it issued an order for public water systems serving disadvantaged communities to sample and report PFAS (with free sampling services to be conducted by a contractor). On April 2024, the Office of Environmental Health Hazard Assessment adopted a Public Health Goal (PHG) for two types of PFAS [perfluoroctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA)] in drinking water. The PHG specifies the level of drinking water contaminant that does not pose a significant risk to health lifetime uses of tap water: for PFOA it is .007 parts per trillion (ppt), and it is set at 1 ppt for PFOS.
- Fragmented legislative approach. Over the past several years, the Legislature has enacted a ban on PFAS in a number of consumer products by one-off bills: cosmetics (AB 2771, Friedman, Chapter 804, Statutes of 2022); food packaging (AB 1200, Ting, Chapter 503, Statutes of 2021); new juvenile products (AB 652, Freidman, Chapter 500, Statutes of 2021); and, firefighting foam (SB 1044, Allen, Chapter 308, Statutes of 2020). Additionally, AB 756 (C. Garcia, Chapter 162, Statutes of 2019) authorizes the State Water Board to order public water systems to monitor for PFAS and required municipalities to notify consumers for PFAS detected above notification levels. Many of the previous bills banning PFAS were situated in “orphan codes,” where there is no state agency designated to provide oversight of those provisions of the law. In his 2023 veto message for three bills banning PFAS in consumer products in orphan codes [AB 727 (Weber) related to cleaning products, AB 1423 (Schiavo) related to covered surfaces in educational institutions, and AB 246 (Papan) related to menstrual products], Governor Newsom stated: “I am concerned that (these bills fall) short of providing enhanced protection to California consumers due to lack of regulatory oversight. Previously enacted single-product chemical bans, which also lack oversight, are proving challenging to implement, with inconsistent interpretations and confusion among manufacturers about how to comply with the restrictions.” In response, AB 347 (Ting, Chapter 932, Statutes of 2024) was enacted to give DTSC oversight authority for existing PFAS bans in orphan codes. Even with this new enforcement authority on certain products, the piecemeal approach the Legislature has taken to address PFAS in consumer products has created a patchwork of product-specific bans, which will continue to invite more one-off bills. This bill seeks to reverse this approach: to start with a blanket ban, but selectively exempt products for which there is no alternative for limited periods of time, eventually working toward a universal ban.
- Double referral. This bill was heard in the Senate Environmental Quality Committee on April 2, 2025, and passed with a 5-3 vote.
- Related legislation. SB 454 (McNerney) creates the PFAS Mitigation Fund in the State Treasury and permits the State Water Board use the fund to cover or reduce the costs associated with treating PFAS in drinking water and wastewater. SB 454 is pending on the Senate Appropriations Committee suspense file.
SB 730 (Hurtado) prohibits the distribution, sale, or offer of sale of specified consumer products that contain intentionally added PFAS. SB 730 is pending in the Senate Rules Committee.
- Prior legislation. SB 903 (Skinner of 2024) would have prohibited the distribution, sale, or offering for sale a product that contains intentionally added PFAS unless the use is currently unavoidable, and would have authorized DTSC to establish regulations to administer the prohibition. SB 903 was held on the Senate Appropriations Committee suspense file.
AB 347 (Ting, Chapter 932, Statutes of 2024) requires DTSC to adopt regulations for the enforcement PFAS prohibitions and to ensure compliance with those regulations.
AB 2515 (Papan, Chapter 1008, Statutes of 2024) prohibits the manufacture, distribution, sale, or offering for sale any menstrual products that contain regulated PFAS.
AB 1817 (Ting, Chapter 762, Statutes of 2022) prohibits the manufacture, sale, delivery, holding or offering for sale any new textile articles that contain regulated PFAS.
AB 2771 (Friedman, Chapter 804, Statutes of 2022) prohibits the manufacture, sale, delivery, holding or offering for sale any cosmetic product that contains intentionally added PFAS.
AB 652 (Friedman, Chapter 500, Statutes of 2021) prohibits the sale or distribution any new juvenile product that contains regulated PFAS.
AB 1200 (Ting, Chapter 503, Statutes of 2021) prohibits the sale, distribution, or offer for sale any food packaging that contains PFAS.
SB 1044 (Allen, Chapter 308, Statutes of 2020) prohibits the manufacture, sale, distribution, and use of class B firefighting foam containing PFAS chemicals, with some exceptions, and requires notification of the presence of PFAS in the protective equipment of firefighters.
SB 312 (Leyva, Chapter 315, Statutes of 2020) establishes the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020, which requires disclosure of specified flavor and fragrance ingredients that are found in cosmetic products that are on any of the authoritative lists as specified in the bill to the California Department of Public Health, which is then required to post on its existing database of cosmetic product information a list of those fragrance and flavor ingredients and their associated health hazards.
AB 1989 (Garcia, Chapter 272, Statutes of 2020) established the Menstrual Products Right to Know Act of 2020, which requires the disclosure of ingredients in menstrual products on the product label and on a website.
SB 258 (Lara, Chapter 830, Statutes of 2017) establishes the Cleaning Product Right to Know Act of 2017, which requires manufacturers of cleaning products to disclose chemical ingredients that are found in any of the authoritative lists identified in the bill on the product label and on the manufacturer’s website.
AB 1319 (Butler, Chapter 467, Statutes of 2011) enacted the Toxin-Free Infants and Toddlers Act, which prohibits the manufacture, sale, or distribution of any bottle or cup that contained BPA at a detectable level above 0.1 parts per billion, if the bottle or cup is designed or intended to be filled with any liquid, food, or beverage intended primarily for consumption by infants or children three years of age or younger.
AB 1879 (Feuer, Chapter 559, Statutes of 2008) enacted the Green Chemistry program, which required DTSC to adopt regulations to establish processes for identifying, prioritizing, and evaluating chemicals of concern and their potential alternatives.
- Support. A coalition of this bill’s sponsors and supporters write that we need strong regulation of PFAS because they are linked to serious health effects, including cancer, decreased fertility, hormone disruption, liver disease, developmental harm, and immune system suppression, including interference with the efficacy of vaccines. PFAS can cause health harms at extremely low exposures, with California and the EPA warning of the potential for health harms for some PFAS below the parts per trillion range (the equivalent of one drop of water in 20 Olympic-sized swimming pools). Because they do not break down readily, or transform into other persistent PFAS, these chemicals have become pervasive in the environment. Consequently, human exposures to PFAS occur through working in industrial settings, the use of products that contain the chemicals, and through the environment, including our food, water, and air, that is contaminated from the production, use, and disposal of PFAS-containing consumer and industrial products. Virtually all U.S. residents have PFAS in their blood and, to date; the State Water Resources Control Board has detected PFAS in drinking water systems serving tens of millions of Californians. This number is expected to rise as testing expands. Moreover, PFAS will continue to accumulate in the environment unless we reduce use, undermining our efforts to clean up drinking water. Given the recent federal regulation of PFAS in drinking water, water systems and ratepayers are facing a tremendous treatment cost burdens, adding more impetus to the need to stop PFAS pollution at the source by restricting their use. Both the health and cost burdens caused by PFAS contamination also have serious environmental justice implications. Analysis of state monitoring results demonstrate that drinking water contamination is more prevalent in state-identified disadvantaged communities. In addition, the largely tribal communities and low-income communities of color who practice subsistence fishing in heavily PFAS-contaminated waters such as San Francisco Bay are at particular risk. While, over the years, California has made good progress in limiting PFAS in specific product categories, we’ve only addressed the tip of the iceberg. This bill is bold but pragmatic, phasing out unnecessary uses while allowing for necessary uses to continue by providing for extensions when the use of PFAS in products is currently unavoidable.
- Support if amended. A coalition of environmental groups writes that synthetic turf is the cash cow of the fossil fuel-based petrochemical plastics industry. It is marketed towards young children for use in backyards, preschools through high school and beyond, playgrounds, parks, year round ski slopes and more. Babies are being born pre-polluted with PFAS and microplastics with their toxic payloads. Research has shown that PFAS is found on the surface of synthetic turf, can be absorbed through the skin, and has endocrine disrupting and cardiometabolic impacts that can compromise human health. Children are the most susceptible to these impacts due to developmental windows, and at higher risk of developing cancers by playing on these plastic fields. This coalition asks that synthetic turf be named as a product that is subject to the 2027 prohibition. CleanEarth4Kids.org asks for three amendments: a) synthetic turf/artificial grass be named as a covered product to be banned by January 1, 2027, as it is known to contain PFAS and fluoropolymers; b) all products (including refrigerants, solvents, propellants, and clean fire suppressants) with intentionally added PFAS be banned by January 1, 2033; and c) remove the provisions from the bill that treats requests for unavoidable use as confidential and other provisions limiting public access. It is not in the public interest to protect trade secrets. The public has the right to know what companies and products contain highly toxic chemicals. These sections will do nothing to protect human health, only to protect corporate profits. Trade secrets cannot be used as an excuse to hide the use of PFAS and other toxic chemicals.
- Opposition. A coalition of opposition writes that under this bill, manufacturers that use PFAS chemistries must petition DTSC and receive a determination that the use of PFAS in a product is a “currently unavoidable use.” Otherwise, the product is prohibited beginning January 1, 2035. Additional product categories, including products to manufacture semiconductors, electric and non-electric motor vehicles, wind turbines, hydrogen fuel cells and gases for heating, venting, and air conditioning products with the lowest global warming potentials would all be prohibited January 1, 2040. DTSC would evaluate petitions on a variety of criteria, including whether “the function provided by PFAS in the product is necessary for the product to work” and whether the “product is critical for health, safety, or the functioning of society.” Yet, even these dates are not certain. The department is authorized to change the effective date for the prohibition of PFAS in a product or product category to any earlier date in time if determined in regulations to be “feasible.” Feasible for whom, and the criteria for determining feasibility, is uncertain. Businesses cannot make long-term investment plans in a legal and regulatory environment that allows a state agency to ban products and product categories at any time by regulation. Thousands of companies, and the hundreds of thousands of products and product components these companies manufacture, could only remain in the marketplace pending a determination by DTSC staff that may or may not have any expertise with the chemistry involved, the manufacturing process, the function of the product or the complicated (often global) supply chains that bring these products and product components to California. This bill is built on a foundation that incorrectly characterizes all PFAS substances as equal, regardless of any unique properties and uses, environmental and health profiles, potential exposure pathways, and any potential risk. PFAS substances can be a solid (e.g., fluoropolymers), liquid (e.g., fluorotelomer alcohols) or a gas (e.g., hydrofluorocarbon refrigerants). The fundamental physical, chemical, and biological properties of solids, liquids and gases are clearly different from one another. The very distinct physical and chemical properties of the three types demonstrate how varied they are and how imposing a “one-size fits all” approach as proposed would be inappropriate. Given the bill includes a definition of PFAS that is extremely broad and provides no reasonable threshold for triggering compliance (arguably one detectable molecule of PFAS in a product or piece of equipment is all that would be necessary), thousands if not hundreds of thousands of products sold or used in the state would be subject to a reporting requirement and potentially a use restriction. These include smart phones and laptops, solar panels, electric vehicles, HVAC units, cookware, electric appliances, plumbing components, paints and coatings, components of agricultural equipment, telecommunications infrastructure and advanced transportation and aerospace applications to name just a few. The opposition contends that the economic and policy fallout from this proposed legislation would be profound. Industries reliant on PFAS for critical applications will force industries to leave the state. Once they exit the California market, they are not coming back. A forced transition under made up timelines could further accelerate the usage of less studied or less effective substitutes, if there are any, which may not offer the same performance benefits or could pose their own environmental and safety risks, thus trading one set of challenges for another.
SUPPORT AND OPPOSITION:
Support: Breast Cancer Prevention Partners (co-sponsor)
California Association of Sanitation Agencies (co-sponsor)
Clean Water Action (co-sponsor)
Environmental Working Group (co-sponsor)
Natural Resources Defense Council (co-sponsor)
A Voice for Choice Advocacy
American Sustainable Business Network
Association of California Water Agencies
ATMOsphere
Bay Area Clean Water Agencies
California Health Coalition Advocacy
California Professional Firefighters
California Stormwater Quality Association
Central Contra Costa Sanitary District
City of Camarillo
City of Roseville
City of Thousand Oaks
Clean Water SoCal
Dublin San Ramon Services District
East Bay Dischargers Authority
East Bay Municipal Utility District
East Valley Water District
Eastern Municipal Water District
Elsinore Valley Municipal Water District
Fairfield-Suisun Sewer District
Inland Empire Utilities Agency
Las Virgenes Municipal Water District
League of California Cities
Los Angeles County Sanitation Districts
Monterey One Water
Olivenhain Municipal Water District
Orange County Sanitation District
Rancho Water
Silicon Valley Clean Water
Vallejo Flood and Wastewater District
Valley Sanitary District
Water Replacement District of Southern California
WateReuse California
Western Municipal Water District
Oppose: Advanced Medical Technology Association
AGC Chemicals America
Air Conditioning, Heating, and Refrigeration Institute
Alliance for Automotive Innovation
American Apparel & Footwear Association
American Chemistry Council
American Coatings Association
American Forest & Paper Association
American Fuel & Petrochemical Manufacturers
American Petroleum Institute
Animal Health Institute
Association of Equipment Manufactures
Association of Home Appliance Manufacturers
Bio-Process Systems Alliance
Biocom California
BOMA California
Building Industry Association of Fresno and Madera Counties
Building Industry Association of San Diego
Building Industry Association of Southern California
Building Industry Association of Bay Area
Building Owners and Managers Association of California
California Apartment Association
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Grocers Association
California Hispanic Chamber of Commerce
California Hydrogen Business Council
California Life Sciences
California Manufacturers & Technology Association
California Metals Coalition
California New Car Dealers Association
California Restaurant Association
California Retailers Association
Can Manufactures Institute
Center for Baby and Adult Hygiene Products
Chemical Industry Council of California
Communication Cable and Connectivity Association
Consumer Brands Association
Consumer Healthcare Products Association
Cookware Sustainability Alliance
Croplife America
Dairy Institute of California
European Federation of the Cookware, Cutlery, and Houseware Industry
Flexible Packaging Association
Fluid Sealing Association
Fuel Cell and Hydrogen Energy Association
Home Builders Association of Kern County
Home Builders Association of the Central Coast
International Sleep Products Association
Juvenile Products Manufacturers Association
LKQ Corporation
Mema the Vehicle Supply Association
Motorcycle Industry Council
NAIOP California
National Council of Textile Organizations
National Marine Manufacturers Association
North American Association of Food Equipment Manufacturers
North State Building Industry Association
Orange County Business Council
Personal Care Products Council
Plumbing Manufacturers International
Printing United Alliance
Recreational Vehicle Institute of America
Responsible Industry for a Sound Environment
RV Industry Association
Southern California Leadership Council
Specialty Equipment Market Association
Specialty Vehicle Institute of America
Spray Polyurethane Foam Alliance
The Cookware and Bakeware Alliance
The Toy Association
Truck and Engine Manufacturers Association
Valve Manufacturers Association
Western Plant Health Association
Western Plastics Association
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Blakespear, Chair
2025 - 2026 Regular
Bill No: SB 682
Author: | Allen | ||
Version: | 2/21/2025 | Hearing Date: | 4/2/2025 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Taylor McKie | ||
SUBJECT: Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances
DIGEST: This bill prohibits a person from distributing, selling, or offering for sale covered products that contain intentionally added PFAS beginning January 1, 2027. Prohibits certain specified products that contain intentionally added PFAS unless the Department of Toxic Substances Control (DTSC) made a determination that the use of PFAS in the product is a currently unavoidable use.
ANALYSIS:
Existing law:
- Prohibits, on and after July 1, 2023, a person, including, but not limited to, a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains intentionally added PFAS or PFAS at or above 100 parts per million (ppm), as measured in total organic fluorine. (Health and Safety Code (HSC) § 108946)
- Prohibits, on and after January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain intentionally added PFAS, or PFAS at or above 100 ppm, and on or after January 1, 2027, 50 ppm, as measured in total organic fluorine. (HSC § 108971)
- Prohibits, commencing January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale, in commerce any cosmetic product that contains any specified intentionally added ingredients, including some PFAS chemicals. (HSC § 108980 (a))
- Prohibits, commencing on January 1, 2023, a person from distributing, selling, or offering for sale in the state any food packaging that contains intentionally added PFAS or PFAS at or above 100 ppm, as measured in total organic fluorine. (HSC § 109000)
- Prohibits a manufacturer of class B firefighting foam from manufacturing, or knowingly selling, offering for sale, distributing for sale, or distributing for use in this state, and prohibits a person from using in this state, class B firefighting foam containing intentionally added PFAS chemicals. (HSC § 13061 et seq.)
- Requires DTSC to adopt regulations for the enforcement of those prohibitions on the use of PFAS and enforce and ensure compliance with those provisions. (HSC § 108075)
- Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
- Requires the DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified.
- Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern.
- Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product.
This bill:
- Authorizes the Safer Consumer Products Regulations to evaluate uses of PFAS.
- Defines terms including but not limited to: “Cleaning product”, “Component”, “Cookware”, “Covered product”, “Currently unavoidable use”, “Intentionally added PFAS”, “Manufacturer”, Necessary for the product to work”, “PFAS”, “Product”, “Product category”, “Reliable information”, “Safer alternative”, and “Ski wax”.
- Prohibits a person from distributing, selling, or offering for sale a covered product that contains intentionally added PFAS commencing January 1, 2027.
- Prohibits a person from distributing, selling, or offering for sale a product that contains intentionally added PFAS commencing January 1, 2033, except as specified.
- Authorizes DTSC to establish by regulation an effective date for the prohibition of PFAS in a product or product category before January 1, 2033, based on considerations and conditions.
- Prohibits a person from distributing, selling, or offering for sale specified products that contain intentionally added PFAS commencing January 1, 2040.
- Exempts products or product categories from these bans if the use of PFAS in the product is determined to be a currently unavoidable use.
- Requires DTSC to review and determine whether the use of PFAS in the product category is a currently unavoidable use upon a petition that includes an application fee from a manufacturer. Requires DTSC to make a determination based on specified findings and after completing specified actions.
- Specifies the terms and conditions of a determination of currently unavoidable use.
- Requires DTSC to maintain on its internet website a list of each determination of currently unavoidable use
- Requires DTSC to adopt regulations to administer these provisions on or before January 1, 2027.
- Creates the PFAS Oversight Fund in the State Treasury and deposits application fees for currently unavoidable use petitions in the fund. Authorizes DTSC to cover the cost of administering these provisions.
- Makes related findings and declarations.
Background
- A PFAS zoo. Per- and polyfluoroalkyl substances (PFAS) are a broad class of man-made chemicals consisting of chains with bonded carbon and fluorine atoms. Because of their physical and chemical nature, PFAS are very durable and resistant to heat, water and oil, making them extremely useful in many industrial, commercial, and medical applications. As a consequence of their durability, they are persistent, meaning that they do not degrade easily in the environment and can bioaccumulate in living things.[1],[2],[3] According to the U.S. Environmental Protection Agency (U.S. EPA), there are nearly 15,000 PFAS compounds and they can be categorized into non-polymeric PFAS and polymeric PFAS.
Non-polymeric PFAS are smaller and lighter, which allows them to disperse and exist in air, water and soils.3 This type of PFAS is typically used for surface protection, as an additive in various products, and as a processing aid for polymeric PFAS.3 Since non-polymeric PFAS is used in various products, including common household products, it can contaminate the environment through domestic wastewater or disposal into landfills.[4] When used as an industrial processing aid or in the manufacturing process, non-polymeric PFAS is emitted or disposed of in effluent wastewater or waste or is leached from products.3
Polymeric PFAS, on the other hand, is heavier and consists of longer chains of fluorine and carbon. These chemicals are not soluble in water and it has been claimed that PFAS in this category are too large to penetrate cell membranes, which would prevent bioaccumulation.2,[5],[6] Some subsets of polymeric PFAS can degrade into non-polymeric PFAS, but others, namely fluoropolymers are more stable. Fluoropolymers are plastics that are used in a wide range of sectors, including but not limited to aerospace, automotive, building construction, chemical processing, electronics, and green energy technology.3 Fluoropolymers have been shown to satisfy the criteria for polymers of low concern (PLC) developed by the Organization for Economic Cooperation and Development, in which PLC are considered to have insignificant environmental and health impacts.2,[7] However, these evaluations do not consider life-cycle assessments of these products, as fluoropolymers may involve the release of non-polymeric PFAS during their production or manufacturing, leach non-polymeric PFAS if insufficiently treated, and degrade into microplastics during disposal.3,5,[8] There has been evidence of fluoropolymer microplastics in fish tissue.[9]
- Everything everywhere all at once: Exposure pathways & public health. The PFAS on or in products find many different ways into the environment throughout a product’s life cycle. PFAS compounds have been detected globally in soil, groundwater, and surface water. Plants can uptake PFAS and bioaccumulation can occur within their tissues and the animals that eat them. Primarily, human exposure occurs through consuming food and drinking water.4 The drinking water of at least 70 million Americans contains PFAS at levels high enough to require reporting under federal law. California has multiple water systems with PFAS levels that are at least double the reporting concentration level.[10] Inhalation of PFAS-contaminated dust particles can also contribute to exposure, a risk especially posed to those working in or proximal to industrial or chemical processing and manufacturing facilities.[11] PFAS was found in the blood of workers in various occupations, ranging from firefighters to fishery workers, with chemical production plant workers and the public in proximity to those plants having the highest concentrations.[12] Exposure to certain PFAS may lead to adverse health outcomes, including reproductive and developmental effects, increased risk of cancer, suppressed immune systems, and endocrine disruption.11 It has been estimated that the cost associated with the contribution of PFAS exposure to disease and disability in the United States is at least $5.5 billion and upwards of $62 billion.[13]
- From a piecemeal approach to an umbrella ban. When it comes to products containing PFAS, California has taken a piecemeal approach through bans. The Legislature has enacted several PFAS prohibitions in the last several years. These include PFAS prohibitions at different levels across many product categories: a ban on PFAS in textiles (AB 1817, Ting, Chapter 762, Statutes of 2022); cosmetic products (AB 2771, Friedman, Chapter 804, Statutes of 2022); food packaging (AB 1200, Ting, Chapter 503, Statutes of 2021); new juvenile products (AB 652, Friedman, Chapter 500, Statutes of 2021); and, firefighting foam (SB 1044, Allen, Chapter 308, Statutes of 2020). Perhaps the intentions of these piecemeal approaches were to take an immediate focus on products that come into physical contact with our bodies, rid of the PFAS unnecessary for the function of the product, or address prohibitions in a less cumbersome way. SB 903 (Skinner, 2024) was bold to broaden the prohibition to all products, but it died in Senate Appropriations Committee. SB 903 lacked flexibility that would allow time for administrative procedures and industry innovation, especially for products in which PFAS is considered to be an essential use. The current bill addresses these constraints with a tiered timeline and categorical approach for a more efficient review of petitions and an opportunity for industries to adjust.
Whether the approach to prohibition is piecemeal or an umbrella, outright bans can be risky. There may not be enough time to find alternatives that are suitable for the product or public health, and in many cases, bans can result in the use of regrettable substitutions. Finding alternatives that fit the bill for the product function and public health takes time for in-depth, comprehensive research and thorough evaluations, ideally involving government agencies, industry, research institutions, and the public.
- DTSC Safer Consumer Products Program. DTSC administers the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, which aims to advance the design, development, and use of products that are chemically safer for people and the environment. DTSC's approach provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Under the SCP Program, all PFAS compounds are “Candidate Chemicals” because they exhibit specified hazardous traits.
DTSC has designated two product categories that contain PFAS as “Priority Products”: carpets/rugs and treatments for textiles or leathers. A Priority Product is a consumer product identified by DTSC that contains one or more Candidate Chemicals and that has the potential to contribute to significant or widespread adverse impacts on humans or the environment. Manufacturers of a Priority Product must submit an alternatives analysis which determines whether there are any safer alternatives to the Candidate Chemical in the product or if there are other ways to make a safer version of the product. The alternatives analysis takes a life cycle approach, evaluating certain factors and the safety of the product from raw material extraction to disposal/recycling. The outcomes of the alternatives analysis could lead to alternative ingredients or product design or regulatory responses including, but not limited to: requiring the display of product information, chemical restrictions, product prohibitions, or end-of-life management requirements.
Comments
- Purpose of Bill. According to the author, “SB 682 aims to comprehensively ban unnecessary uses of per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals," in products. SB 682 will pragmatically shift California’s approach to PFAS to an essential use model, eliminating unnecessary uses of PFAS while creating a pathway for necessary uses to continue. This will focus on reducing the public health impacts and financial burden of managing these toxic chemicals, while still allowing for critical uses of PFAS to continue.
Manufacturers who wish to continue to use PFAS will have to demonstrate that the use of PFAS in their product is currently unavoidable, meaning that 1) there are not reasonably available safer alternatives, 2) the function provided by PFAS in the product is necessary for the product to work, and 3) the use of PFAS in product is critical for the health, safety, or functioning of society. To ensure industries have sufficient time to comply, this bill includes three time periods to phase-in various products, beginning in 2027 with a handful of products with known PFAS-free alternatives and PFAS prohibitions in other states, 2033 for many other products, and finally 2040 for products identified to need longer transition times.
California has long been a national leader in regulating harmful chemicals, so this bill is the natural next step in this fight. PFAS is impacting our communities, our environment, and utility ratepayers. This issue is quickly becoming a significant and costly management concern for drinking water and wastewater utilities tasked with protecting public health and the environment. SB 682 will protect people from PFAS-associated health harms, prevent further contamination, and will hold manufacturers accountable to produce more sustainable products without these harmful chemicals.”
- How the costs of contamination trickles down. PFAS contamination is ubiquitous in the environment globally, and while the major producers of PFAS can be identified, the original source of PFAS within any contaminated site can be hard to nail down. Part of the burden and responsibility to address PFAS contamination often falls on municipal drinking water and wastewater systems. The U.S. EPA requires these public systems to test and monitor their drinking water or wastewater effluents and take action if the contamination exceeds the maximum contaminant levels (MCLs). With new developments in the research of exposure and health impacts of PFAS, the U.S. EPA can establish more stringent MCLs, which can increase the number of public drinking water systems that exceed the MCL and are considered in a health-based violation under the Safe Drinking Water Act. If a public water system does not resolve the contamination through treatment and comply with the required standards within a period of time, then state agencies can take enforcement actions, including administrative orders, legal actions, or issue fines.[14],[15] The costs of enforcement could then further inhibit the ability to comply.
Treatment is expensive, and addressing these contamination levels could cost on the order of tens of millions of dollars. Some water agencies, such as Orange County Water District and Santa Clarita Valley Water Agency, have joined class action lawsuits with hopes to supplement the costs of treatment with the settlements.[16] However, not all water agencies may have the capacity to litigate and it’s not guaranteed that a settlement will cover the full costs. Sweetwater Authority, a municipal water agency in San Diego County, found that the concentration of PFOA, a non-polymeric PFAS compound, exceeded the recently established MCL for PFOA that is set to take effect in 2029.[17] This gives the water agency time to treat the drinking water supply, but the costs to address this issue is upwards of $40 million and source funds have yet to be identified. This financial burden can be shifted to the public, through increases in utility rates where possible or with state and federal funds from taxes. But in some cases, if sources of drinking water supply cannot meet MCLs and have no ability to treat the contamination, those systems can be shut down, eliminating access to water supplies.
- Evaluating alternatives and exemptions. The proposed bill authorizes but does not require, DTSC to evaluate alternatives for PFAS for the products covered in this chapter through the Safer Consumer Products program (SCP). Instead, it puts the onus of finding safer alternatives on manufacturers or requires them to prove that they may be eligible for an exemption. Manufacturers must provide information that resembles an “SCP-Lite”, and DTSC makes a determination based on this evidence and other considerations, including available reliable information and other similar bans across the globe. As written in statute, DTSC could make substantial decisions off single studies (the definition of “reliable information” is limiting), industry claims, and other bans without context.
Creating an SCP-Lite driven by industry could speed up the process of determining which PFAS products are banned, as there are hundreds to thousands of products, product categories and PFAS compounds that could be banned by 2033 and 2040. However, there is a reason evaluations take as long as they do in SCP. While SCP may be slow, it is also very thorough. An SCP-Lite could lead to the restriction of PFAS with insufficient evidence, or decisions to grant “currently unavoidable use” status haphazardly when more evaluation could have been useful. It is possible DTSC will still be extremely thorough in this evaluation, with or without sufficient administrative capacity, and this “SCP-Lite” may still be slow. Using a faster, slimmer, and industry-led process may lead to regrettable substitutions. Regrettable substitutions have been a past occurrence. Following the PFOA Stewardship Program with the U.S. EPA, eight major PFAS producers have phased out PFAS compounds from products. However, manufacturers are replacing those substances with similar substances with insufficient data and some data demonstrating similar toxicological behaviors as the chemicals it replaced.[18] The question posed to the author and committee is whether the proposed bans will ultimately result in source reduction, or the creation of more harmful substances while products with a temporary exemption continue to contribute to the original problem.
Timelines for both petitions and bans may need to be adjusted to account for the time needed for research and development of alternatives. To support the decision-making efforts of DTSC and maintain local considerations in judgements for exemptions, the author and committee may wish to include additional details in the definition of reliable information to characterize sufficiency and remove the consideration of bans in other states and countries in DTSC’s petition review. The author and committee may also wish to consider lengthening timelines for the bans or petition process. The author and stakeholders are encouraged to continue conversations surrounding the appropriate timelines.
- Risk-based approaches & exemptions. Because of its physical and chemical properties, the use of PFAS is ideal for the design of products to meet regulatory requirements. This is why, for many cases, various industries are advocating for a risk-based approach in determining what types of PFAS, and what uses in certain products should be prohibited. These industries are likely to produce the products proposed to be prohibited by 2033 and 2040 and submit petitions for the “currently avoidable use” designations. A risk-based approach considers the potential hazards and exposure pathways, primarily for human impacts. There are different arguments for non-polymeric and polymeric PFAS (fluoropolymers in particular) in regards to risk-based approaches as follows:
- Should non-polymeric PFAS be banned? Industries seeking exemptions or risk-based evaluations that use non-polymeric PFAS (PFOA, PFOS, PFCA, etc.) include, but are not limited to: aviation, building and construction, green energy technologies, pharmaceutical, HVAC, and refrigeration. Risk-based approaches for policy are desired as these industries have to either be in compliance with existing codes or regulations, meet certain design standards, or balance other considerations.
For example, refrigerant blends containing PFAS have to have low global warming potentials to comply with regulations under the Refrigerant Management Program administered by the California Air Resources Board and meet targets to reduce greenhouse gas (GHG) emissions. Hydrocarbons are alternatives to these refrigerants that would allow for compliance with these GHG reduction programs, but their flammability would make it difficult for the products to meet UL standards.[19] Another example includes PFAS-containing surface treatments of roofing materials. These materials have to meet building codes for structural integrity, fire safety, and weather resistance. Industries claim that restricting these materials with intentionally-added PFAS and requiring alternatives would add costs to the construction of housing, an unfavorable outcome in a state facing a housing crisis.
In some of these products, non-polymeric PFAS is tucked away, unlikely to come into physical contact with humans or the environment during their use phase. This tends to be a justification given a slew of regulatory constraints and a lack of functional and safe alternatives. But there are levels of uncertainty here, and the risk of exposure may still occur during the production and manufacturing of these products and at their end-of-life if mismanaged. Other products are still exposed to the elements, such as building and construction materials, solar panels, and wind turbines, and may leach non-polymeric PFAS into the environment as the materials degrade.
- Should fluoropolymers be banned? Industries argue that fluoropolymers should be excluded from broad PFAS bans because they are considered polymers of low concern (PLC). In particular, there are fluoropolymers used in applications that may not come in physical contact with humans or the environment during the use phase of a product’s life, in which they are considered low risk. And in the case that they do come into physical contact with humans, they are claimed to not bioaccumulate in cells and are not soluble in water.2 Examples of these fluoropolymer uses include the wiring and fuel hoses in aircraft and components within electronics. The heat and chemically-resistant properties of fluoropolymers also allow for many of these industries to comply with other relevant regulations regarding safety.[20]
However, the full life cycle of fluoropolymers, including manufacturing and disposal, is not considered in the evaluations for PLC.5 Harmful non-polymeric PFAS may be used in the production of fluoropolymers and the lack of management at the end-of-life of these products may result in leaching of residual non-polymeric PFAS and the degradation of fluoropolymers into microplastics. The release of non-polymeric PFAS during production has been claimed to be mitigated through capture and residuals on fluoropolymer products are said to be low or negligible after treatment.2,8 The use of some harmful non-polymeric PFAS, such as PFOA and PFNA, as processing aids have been phased out by global fluoropolymer manufacturers, however, the alternatives used are similar in structure and lack available data on their impacts on human health and the environment.[21] One such alternative has been reported to be bioaccumulative and associated with numerous health endpoints in exposed workers.[22]
It may be necessary to temporarily continue the use of both non-polymeric and polymeric PFAS in some cases, as the regulatory constraints and lack of alternatives are restrictive. As a matter of fact, Maine rolled back some of their PFAS prohibitions, delaying bans and exempting categories of products and Minnesota lawmakers are considering other exemptions upon some of these realizations.[23],[24] There are areas where clarification is needed, therefore the author and committee may wish to clarify the definition of “intentionally-added” to discern what products are prohibited.
Though this is the reality of a technological world, PFAS compounds should not be exempt from some form of regulation as we continue to find contamination in our drinking water, wastewater, and environment. The proposed provisions of this bill allow for exemptions through petitions while manufacturers work to develop safer alternatives to address source reduction. Regulations could go further, as there are uncertainties surrounding the time it will take to find alternatives for all products. Industries may be petitioning for this exemption status every 5 years in perpetuity. Perhaps the resources that would be used to file petitions may be better spent addressing the impacts of industry.
- A fee to produce. California policies in the climate and waste space have figured out ways to generate revenues addressing down the line impacts of industries producing the problem. Cap-and-trade requires polluting industries to purchase allowances for their emissions, with the generated revenue funding efforts to address the climate crisis. Extended producer responsibility puts the onus of managing waste that is harmful to humans and the environment back on the producers to fund programs that collect and properly dispose of certain items. This form of accountability recognizes the financial limitations of the public to grapple with the negative impacts of emissions and waste and the capability of industry to mitigate adverse impacts through wealth.
Here, the public has to grapple with PFAS contaminated food and drinking water, suffer adverse health effects, and live with public water systems that lack the financial capacity to sufficiently treat contamination. SB 454 (McNerney), a concurrent bill set to be heard at the same Senate Environmental Quality hearing as this bill, creates a PFAS Mitigation Fund to assist water suppliers and wastewater operators in covering the costs to comply with drinking water and water quality standards. Currently, no source of funds has been identified.
Making this bill and SB 454 work in concert provides an opportunity to shift the burden and costs of keeping pollutants out of our water systems and onto the entities that produce those pollutants. In joining these two programs, manufacturers petitioning for exemptions would pay a fee from products, which would generate revenue to be deposited into the PFAS Mitigation Fund. Instead of requiring manufacturers to provide information for their petitions, the bans could remain in place to incentivize the development of safer alternatives. As written, SB 682 would deposit petition fees into an oversight fund. In this case, the fees would be deposited into both funds for administrative costs and mitigation. If manufacturers will still be allowed to produce and use PFAS through temporary exemptions, they ought to fund mitigation for the problem they perpetuate. The author states that SB 682 “will focus on reducing the public health impacts and financial burden of managing these toxic chemicals.” As currently written, this bill has an indirect, yet unclear impact in terms of mitigation. Connecting the dots between this bill and SB 454 makes that impact clear and direct. Staff encourages the author and stakeholders to engage on these issues and develop mechanisms to create source funds for the PFAS Mitigation Fund or other potential mechanisms through prohibition exemptions for PFAS.
- Committee amendments. Staff recommends the committee adopt the bolded amendments contained in comments 3 and 4 above.
DOUBLE REFERRAL:
If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Committee on Health.
Related/Prior Legislation
SB 454 (McNerney, 2025) would create the PFAS Mitigation Fund in the State Treasury and authorize the State Water Board use the fund to cover or reduce the costs associated with treating PFAS in drinking water and wastewater. This concurrent bill is being heard in the Senate Environmental Quality Committee.
AB 333 (Alanis, 2025) would exempt apparel designed for and used by law enforcement until January 1, 2028. This concurrent bill is currently being heard in the Assembly Environmental Safety & Toxic Materials Committee.
SB 903 (Skinner, 2024) prohibited the distribution, sale, or offering for sale a product that contains intentionally added PFAS unless the use of PFAS is currently unavoidable and authorized DTSC to establish regulations to administer the prohibition.
AB 347 (Ting, Chapter 932, Statutes of 2024) required DTSC to adopt regulations for the enforcement of prohibitions on the use of PFAS and enforce and ensure compliance with those regulations.
AB 2515 (Papan, Chapter 1008, Statutes of 2024) prohibited the manufacture, distribution, sale, or offer for sale any menstrual products that contain regulated PFAS and required DTSC to adopt regulations for the purposes of implementing interpreting, and enforcing these provisions.
AB 1817 (Ting, Chapter 762, Statutes of 2022) prohibited the manufacture, sale, delivery, hold or offer for sale any new, not previously owned, textile articles that contain regulated PFAS and required manufacturers to use the least toxic alternative.
AB 2771 (Friedman, Chapter 804, Statutes of 2022) prohibited the manufacture, sale, delivery, hold or offer for sale in commerce any cosmetic product that contains intentionally added PFAS.
AB 652 (Friedman, Chapter 500, Statutes of 2021) prohibited the sale or distribution in commerce any new, not previously owned, juvenile product that contains regulated PFAS and required manufacturers to use the least toxic alternative.
AB 1200 (Ting, Chapter 503, Statutes of 2021) prohibited the sale, distribution, or offer for sale any food packaging that contains PFAS and required manufacturers to use the least toxic alternative.
SB 1044 (Allen, Chapter 308, Statutes of 2020) required any person that sells firefighter PPE to any person to provide a written notice to the purchaser if the PPE contains intentionally added PFAS and prohibited the sale, distribution, or offering for sale class B firefighting foam containing intentionally added PFAS.
SOURCE:
Clean Water Action
Natural Resources Defense Council
California Association of Sanitation Agencies
Breast Cancer Prevention Partners
Environmental Working Group
SUPPORT:
A Voice for Choice Advocacy
Alliance of Nurses for Healthy Environments
American College of Ob-gyn's District Ix
American Sustainable Business Network
Association of California Water Agencies (ACWA)
Azul
Bay Area Clean Water Agencies
Breast Cancer Prevention Partners
California Association of Sanitation Agencies
California Casa
California Product Stewardship Council
California Professional Firefighters
California Safe Schools
California Safe Schools Coalition
California Stormwater Quality Association (CASQA)
Californians Against Waste
Calpirg
Center for Community Action and Environmental Justice
Center for Community Action and Environmental Justice (CCAEJ)
Center for Environmental Health
Center for Public Environmental Oversight
Central Contra Costa Sanitary District
City of Roseville
City of Thousand Oaks
Clean Water Action
Climate Reality Project San Diego
Climate Reality Project San Fernando Valley Chapter
Climate Reality Project, Los Angeles Chapter
Climate Reality Project, Orange County
Coalition for Clean Air
Community Water Center
Dublin San Ramon Services District
East Bay Dischargers Authority
East Valley Water District
Eastern Municipal Water District
El Granada Advocates
Elsinore Valley Municipal Water District
Environmental Defense Fund
Environmental Working Group
Erin Brockovich Foundation
Facts Families Advocating for Chemical and Toxics Safety
Fairfield-suisun Sewer District
Go Green Initiative
Green Science Policy Institute
Inland Empire Utilities Agency
Integrated Resource Management
Las Virgenes Municipal Water District
Leadership Counsel Action
League of California Cities
Los Angeles County Sanitation Districts
Los Angeles Waterkeeper
Monterey One Water
National Stewardship Action Council
Natural Resources Defense Council
Non-toxic Neighborhoods
Nrdc
Orange County Sanitation District
Physicians for Social Responsibility-los Angeles
Rancho California Water District
Recolte Energy
Resource Renewal Institute
Responsible Purchasing Network
Rethink Disposable
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Baykeeper
Save the Bay
Sierra Club
Sierra Club California
Silicon Valley Clean Water
Socal 350 Climate Action
Story of Stuff
Vallejo Flood and Wastewater District
Valley Sanitary District (UNREG)
Water Replenishment District of Southern California
Watereuse California
Western Municipal Water District
OPPOSITION
Advanced Medical Technology Association (ADVAMED)
Agc America INC. And Subsidiaries
Air Conditioning, Heating and Refrigeration Institute
Alliance for Automotive Innovation
American Apparel & Footwear Association
American Chemistry Council
American Coatings Association
American Forest & Paper Association
American Fuel & Petrochemical Manufacturers
American Petroleum Institute
Animal Health Institute
Association of Equipment Manufacturers
Association of Home Appliance Manufacturers
Bio-process Systems Alliance
Biocom California
Building Owners and Managers Association of California
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Grocers Association
California Hispanic Chamber of Commerce
California Hydrogen Business Council
California Life Sciences
California Manufacturers & Technology Association
California Metals Coalition
California New Car Dealers Association
California Restaurant Association
California Retailers Associaiton
Can Manufacturers Institute
Center for Baby and Adult Hygiene Products
Chemical Industry Council of California
Communication Cable and Connectivity Association
Consumer Brands Association
Consumer Healthcare Products Association
Cookware Sustainability Alliance
Croplife America
Dairy Institute of California
European Federation of The Cookware, Cutlery and Houseware Industry
Flexible Packaging Association
Fluid Sealing Association
Fuel Cell and Hydrogen Energy Association
Household and Commercial Products Association
International Sleep Products Association
Juvenile Products Manufacturers Association
Lkq Corporation
Mema the Vehicle Supply Association
Motorcycle Industry Council
Naiop California
National Council of Textile Organizations (NCTO)
National Marine Manufacturers Association
North American Association of Food Equipment Manufacturers
Personal Care Products Council
Plumbing Manufacturers International
Printing United Alliance
Recreational Vehicle Institue of America
Responsible Industry for A Sound Environment - Rise
Specialty Equipment Market Association (SEMA)
Specialty Vehicle Institute of America (SVIA)
Spray Polyurethane Foam Alliance
The Cookware and Bakeware Alliance
The Toy Association
Truck and Engine Manufacturers Association
Valve Manufacturers Association
Western Plant Health Association
Western Plastics Association
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Henry, B. J., et. al. (2018). A critical review of the application of polymer of low concern. ↑
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Kibuye, F. (2023). Understanding PFAS – What they are, their impact, and what we can do. ↑
Lohmann, R., et. al. (2020). Are fluoropolymers really of low concern for human and environmental health and separate from other PFAS? ↑
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Fast, A. et. al. (2024). 70 million Americans drink water from systems reporting PFAS to EPA. ↑
U.S. Environmental Protection Agency. (2024). Our Current Understanding of the Human Health and Environmental Risks of PFAS. ↑
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Obsekov, V., et. al. (2023). Leveraging systematic reviews to explore disease burden and costs of per-and polyfluoroalkyl substance exposures in the United States. ↑
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Withrow, K. (2024). The PFAS Challenge: How Two California Water Agencies are Responding. ↑
Hinch, J. (2024). South County Report: ‘Forever’ Chemicals Discovered in South County Water. ↑
State Water Board. (2025). PFAS background. ↑
California Air Resources Board. (2025). Choosing a new system? Alternatives are increasingly available to replace high-GWP refrigerant technologies. ↑
American Chemistry Council, Inc. (2025). Fluoropolymers. ↑
Bucaletti, E., et. al. (2024). Chloroperfluoropolyether carboxylate compounds: a review. ↑
Post, G. et. al. (2021). Technical support document: interim specific ground water quality criterion for chloroperfluoropolyether carboxylates. ↑
Carra, R. et. al., (2024). Maine Narrows Reporting Requirements, amends phase-out timeline for products containing PFAS. ↑
Taylor, J. (2025). H.F. 1627: Perfluoroalkyl and polyfluoroalkyl substances (PFAS). ↑
Discussed in Hearing
11MIN
Assembly Floor
1MIN
Senate Floor
35MIN
Assembly Standing Committee on Environmental Safety and Toxic Materials
6MIN
Senate Floor
36SEC
Senate Standing Committee on Appropriations
32MIN
Senate Standing Committee on Health
52MIN
Senate Standing Committee on Environmental Quality
Bill Author
Bill Co-Author(s):