California Air Resources Board

Requires a battery supplier to be responsible for ensuring the end-of-life management of a vehicle traction battery and requires reporting information regarding the sale, transfer, or receipt of a vehicle traction battery or module to the Department of Toxic Substances Control (DTSC). The bill imposes related duties on a secondary user, a secondary handler, an auctioneer, all as defined, to report similar information regarding a vehicle traction battery or battery module to DTSC. The bill provides funding mechanisms for DTSC to implement the bill. CARB’s interest was conformity with technical specifications used in CARB’s regulations. Moved to the Assembly Inactive File.

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Requires the California Department of Public Health (CDPH) department to complete, by June 30, 2027, their mandated plan with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. The bill requires the county-specific plan, which counties are required to develop to address all recommendations and guidelines in the CDPH plan, to incorporate a process to conduct outreach and communicate to the public and with key stakeholders specified information about the plan.

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Would have, beginning January 1, 2028, prohibited a person from distributing, selling, or offering for sale a cleaning product, dental floss, juvenile product, food packaging, and ski wax, as specified, and beginning January 1, 2030, cookware, as specified, that contains intentionally added per- and polyfluoroalkyl substances (PFAS), as defined, except for previously used products and as otherwise preempted by federal law.

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Governor’s Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 682 without my signature.

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 l, 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.

Sincerely,

Gavin Newsom

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Summary

Urges the United States Congress and President Biden to support a $100 million supplemental funding request to address the ongoing impacts on public health, the environment, and the local economy caused by cross-jurisdictional pollution from the Navy North Hangar Fire in Tustin, and to include in future federal budgets sufficient ongoing operational and maintenance funding for Navy North Hangar Fire remediation. The measure urges President Biden to declare a national emergency due to the ongoing impacts.

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Summary

Would have repealed existing law authorizing the Department of Toxic Substances Control (DTSC) to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within DTSC’s jurisdiction, and would have established a new comprehensive regulatory framework within DTSC for metal shredding facilities. The bill would have repealed existing law that provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste. Was not heard in the Assembly Appropriations Committee.

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Summary

Would have required, upon appropriation by the Legislature, Department of Forestry and Fire Protection (CalFire), the Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC), in consultation with relevant academic and research institutions, government agency, and educational institution, to form a workgroup related to exposure of toxic heavy metals after a wildfire. The bill would have required the workgroup to take certain actions, including establishing best practices and recommendations for wildfire-impacted communities and first responders to avoid exposure to heavy metals after a wildfire. The bill would have authorized CalFire to contract with public universities, research institutions, and other technical experts to support the work of the workgroup. The bill would have required CalFire, OES, and DTSC to report their findings to the Legislature by January 1, 2026. Held on suspense in the Senate Appropriations Committee.

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Summary

Would have prohibited, beginning January 1, 2032, a person from distributing, selling, or offering for sale a product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless the Department of Toxic Substances Control (DTSC) has made a determination that the use of PFAS in the product was a currently unavoidable use, the prohibition is preempted by federal law, or the product was previously used. The bill would have required 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 from the prohibition. The bill would have imposed an administrative penalty for a violation of the prohibition. The bill would have required DTSC, by January 1, 2027, to adopt regulations to carry out the provisions of the bill. Was held on suspense in the Senate Appropriations Committee.

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Summary

Requires a local air district whose jurisdiction includes a metal shredding facility, in consultation with the Department of Toxic Substances Control (DTSC) and the Office of Environmental Health Hazard Assessment (OEHHA), to develop by January 1, 2027, requirements for facility-wide fence-line air quality monitoring at metal shredding facilities, as provided. The bill requires the local air district to, among other things, develop threshold levels for airborne contaminants in consultation with OEHHA, and to adopt regulations by July 1, 2027, to implement the requirements of the bill. The bill authorizes the local air district to be reimbursed for these costs pursuant to its fee authority. The bill requires DTSC to require metal shredding facilities to monitor and report hazardous waste constituents and requires DTSC to collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. The bill requires DTSC, by July 1, 2027, to develop a community notification procedure, among other things.

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Summary

Would have authorized a person or entity to petition CARB to exempt intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) from the prohibition that bars, beginning 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. The bill would have authorized CARB, in consultation with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and the Department of Toxic Substances Control, to exempt an intentionally added PFAS from that prohibition if CARB determined that the intentionally added PFAS meets specified qualifications. The bill also would have required the petitioner to provide specified information in their exemption petition to CARB, including the name of the intentionally added PFAS proposed for exemption, its intended end use, and its intended concentration in the proposed cosmetic product. Was not heard in the Assembly Environmental Safety and Toxic Materials Committee.

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Summary 

This bill requires the Department of Industrial Relations (DIR) and the California Workforce Development Board (CWDB) to create high road evaluation metrics and provide technical assistance to state agencies in their high road reporting requirements. Requires, by January 1, 2025, specified state agencies, including the California Air Resources Board (CARB) to enter into Memorandums of Understanding (MOUs) with the CWDB to incorporate high road evaluation metrics in the state agency’s procurement processes, contracts, and incentive programs. The bill also requires the MOUs to include advice and recommendations from CWDB to ensure state agency policies and regulated programs create or support high-quality jobs in the broadband, energy, resources, and transportation sectors and expand access to those jobs for priority populations through high-quality education and training.

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Governor’s Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 822 without my signature.

This bill creates the lnteragency High Road Act and requires the Department of Industrial Relations (DIR) and the California Workforce Development Board [CWDB) to consult with stakeholders, including public input, on the development and evaluation of high road metrics. It also requires certain state agencies to enter into a memorandum of understanding (MOU) with the CWDB to incorporate high road evaluation metrics in the state agency's procurement processes, contracts, and incentive programs.

I strongly support efforts to maximize state and federal funding opportunities while delivering high quality jobs that increase opportunity for all communities and decrease disparities in historically disadvantaged areas. To further this work, I issued an Executive Order to accelerate clean infrastructure projects with an all-of-government strategy for planning and development and tracking progress toward equity goals that support disadvantaged communities - including good jobs. California's Infrastructure Strike Team is also driving collaboration across state agencies - including in the area of workforce training and development. Additionally, the Department of General Services and the Governor's Office of Business and Economic Development are supporting implementation of AB 2019 (2022), to advance equitable inclusion and utilization of small and diverse businesses in California's state procurement and contracting opportunities.

Additionally, I have signed several bills that ensure public contracting dollars are also investing in human infrastructure, including SB 150 that requires the Labor and Workforce Development Agency, Government Operations Agency, and the State Transportation Agency to convene relevant stakeholders and draft recommendations to ensure that investments maximize benefits to marginalized and disadvantaged communities. The recommendations are due by March 30, 2024.

It is advisable to allow time for those policies to be implemented before adding more requirements that may duplicate efforts.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

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