California Air Resources Board

Would have prohibited, beginning January 1, 2028, a person from distributing, selling, or offering for sale a covered product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances unless the Department of Toxic Substances Control (DTSC) issued a regulatory response for the covered product pursuant to the Green Chemistry program or the prohibition is preempted by federal law. The bill would have authorized a manufacturer of a covered product to petition DTSC to evaluate the covered product. The bill would have required DTSC to evaluate and provide a regulatory response for a covered product under the Green Chemistry program, as specified. The bill also would have required DTSC, on or before January 1, 2028, to adopt regulations to carry out the bill’s provisions. Was not heard in the Assembly Environmental Safety and Toxic Materials Committee.

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Would have required guidance for a fenceline-monitoring system for a petroleum refinery adopted by the local air district to include a process for the refinery to provide substantial evidence to the appropriate local air district to exclude a pollutant for monitoring in a fence-line monitoring system. Held on suspense in the Senate Appropriations Committee.

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Would have amended existing statute regarding automated license plate recognition (ALPR). The bill would have required operators and end-users to have greater safeguards relating to employee access and usage of such systems. The bill would have required, as of January 1, 2028, a public agency to archive all ALPR information, within 14 days, that has been held for 60 days, unless it is retained in the evidence file of an active investigation or criminal proceeding or matches information on an authorized hot list. The bill would have prohibited public agencies from querying archived ALPR information except pursuant to a warrant from a California court. The bill exempts CARB, and other specified public agencies, from the definition of “public agency.” Was not heard on the Assembly Floor.

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Would have required local air districts to allow critical facility operators to use a permitted emergency backup generator in exceedance of the applicable runtime, testing, and maintenance limits under certain conditions. This requirement would have gone into effect on January 1, 2026, and would have applied to local air districts that do not have existing rules for emergency backup generators but will be adopting rules in the future. The bill would have required a critical facility allowed to exceed applicable limits, as specified, to attest to and provide evidence of having taken demonstrable steps toward implementing the use of backup power technologies that meet or exceed emission standards set by CARB. Was not heard in the Senate Environmental Quality Committee.

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Summary

Would have prohibited, beginning January 1, 2027, a person from distributing, selling, or offering for sale artificial turf, carpets or rugs, cleaning products, cookware, dental floss, fabric treatments, or upholstered furniture that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill would have authorized the Department of Toxic Substances Control (DTSC) to adopt regulations to designate additional consumer product categories to prohibit the distribution, selling, or offering for sale of consumer products containing intentionally added PFAS within those consumer product categories if DTSC determines that safer alternatives are readily available at comparable costs. Was not heard in the Senate Health Committee.

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Spot bill would have stated that it is the intent of the Legislature to enact future legislation related to clean air basins. Remains in the Senate Rules Committee.

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Would have revoked all CARB authority to adopt, revise, or repeal regulations and declares that any law granting authority to or requiring CARB to adopt, revise, or repeal regulations, or take an action that requires exercising regulatory authority, instead be read as only authorizing CARB to provide advice and propose measures to the Legislature for statutory enactment. The bill would have required CARB to provide advice and propose measures to the Legislature for statutory enactment regarding its duties. The bill would have declared that it does not invalidate or repeal any regulation adopted by CARB before January 1, 2026. Failed passage in the Senate Environmental Quality Committeeand was granted reconsideration.

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Would have allowed any member of the governing board of CARB to be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency. The bill would have required CARB to submit a proposed regulation that has costs exceeding $10 million on California consumers to the Legislative Analyst for an independent economic analysis. The bill would have required CARB to prepare and publish on its website a written response to the Legislative Analyst’s report no less than 30 days before adopting the proposed regulation. The bill also would have required CARB to publish on its website all final resolutions, supporting documents, and proposed regulations in their complete and final form no less than 72 hours before any CARB vote. Once published, the bill would have prohibited amendments, revisions, or alterations to the final resolutions, supporting documents, or proposed regulations before CARB’s vote. Failed passage in the Senate Environmental Quality Committeeand was granted reconsideration.

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Would have required the Bay Area Air Quality Management District and the South Coast Air Quality Management District, by December 31, 2027, to analyze specified policies to determine the cost of compliance, potential costs to consumers, impacts on State and local tax revenue, impacts to refinery employment, and impacts on the State gasoline supply, as provided. The bill would also have required those local air districts, by January 1, 2028, to try, in good faith, to minimize negative impacts found by the above research. For rulemaking related to oil refineries by these local air districts, the bill would have expanded the definition of “socioeconomic impact” to also mean the cost to consumers, impacts on State and local tax revenue, and impacts on the State gasoline supply. The bill would have required those local air districts to consider those additional socioeconomic impacts and try in good faith to minimize any negative impacts, as provided, before adopting a rule or regulation related to oil refineries. Was not voted on in the Assembly Natural Resources Committee.

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Would have prohibited CARB from adopting any regulation or rule that would have added more than $0.02 to the cost of a gallon of gasoline or added $2,000 or more to the cost to build any home. The bill would have prohibited the South Coast Air Quality Management District (SCAQMD) from adopting any regulation or rule that would have added more than $0.02 to the cost of a gallon of gasoline, added $2,000 or more to the cost to build any home, or added $5,000 or more to the cost to build a nonresidential building. The bill would have required CARB, as well as SCAQMD, to submit data to the relevant policy committees of the Legislature demonstrating how a proposed regulation is compliant with this prohibition. Was not heard in the Assembly Natural Resources Committee.

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