Toxics and Hazardous Waste

2023 – Assembly Bill 1526 (Committee on Natural Resources), Public resources (Chaptered)

Summary 

This bill extends deadlines for the California Geological Energy Management Division (CalGEM) in consultation with CARB, to complete posting data, conduct peer review, and post the results of a study of fugitive greenhouse gas, toxic air contaminant, and volatile organic compound emissions from idle, idle deserted, and abandoned wells in the State. The bill extends the deadlines for posting collected data and conducting peer review from 2022 to 2026 and for posting the results of the study to their website from 2023 to 2028. Finally, the bill extends the sunset for these provisions from 2024 to 2029.

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Bill Number
1526

2023 – Assembly Bill 1705 (McKinnor, Tina), Solid waste facilities: state policy goals (2-Year)

Summary 

Prohibits the establishment of new transformation or engineered municipal solid waste (EMSW) conversion facilities in the State until CalRecycle has determined that the State has achieved solid waste and organic waste policy goals for three consecutive years. Was not heard in the Assembly Appropriations Committee.

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Bill Number
1705

2023 – Assembly Bill 1660 (Ta, Tri), Cosmetic Products: Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) (2-Year)

Summary

Authorizes a person or entity to petition CARB to exempt prohibited, intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) from that prohibition. The bill authorizes CARB to, in consultation with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and the Department of Toxic Substances Control, exempt an intentionally added PFAS from that prohibition if CARB determines that the intentionally added PFAS meets specified qualifications. The bill also requires 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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Bill Number
1660

2023 – Assembly Bill 727 (Weber, Akilah), Cleaning Products and Floor Sealers or Floor Finishes: Perfluoroalkyl and Polyfluoroalkyl Substances (Vetoed)

Summary

Would have prohibited a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the State: (1) a cleaning product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) beginning January 1, 2026, and (2) a floor sealer or a floor finish containing intentionally added PFAS beginning January 1, 2028.

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Governor’s Veto Message

To the Members of the California State Assembly:

I am returning Assembly Bill 727 without my signature.

This bill would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added perfluoroalkyl or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products.

This is one of three single-product chemical bans passed by the Legislature this year that attempt to address serious concerns with the presence of PFAS in consumer products. These bills do not identify or require any regulatory agency to determine compliance with, or enforce, the proposed statute.

While I strongly support the author's intent and have signed similar legislation in the past, I am concerned this bill falls 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 order to instill consumer confidence and effectively address public health and environmental concerns, I am directing the Department of Toxic Substances Control to engage with the author and the Legislature and consider alternative approaches to regulating the use of these harmful chemicals in consumer products.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

View Governor’s veto message here

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727

2022 – Assembly Bill 2771 (Friedman, Laura), Ban on Perfluoroalkyl and Polyfluoroalkyl Substances in Cosmetic Products (Chaptered)

Summary

Prohibits, 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 perfluoroalkyl and polyfluoroalkyl (PFAS) substances, as defined.

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Bill Number
2771

2022 - Assembly Bill 1005 (Muratsuchi, Al), Scientific Review Panel on Toxic Air Contaminants (Dead)

Summary

Spot bill related to the Scientific Review Panel on Toxic Air Contaminants. Failed to make it off of the Assembly Desk.

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Bill Number
1005

2022 - Senate Bill 502 (Allen, Benjamin), Hazardous Materials: Green Chemistry: Consumer Products (Chaptered)

Summary

Makes a number of updates to the Green Chemistry program with the intent to decrease the time from listing of a priority product to an eventual regulatory response. The bill also removes the informal dispute resolution and administrative appeal processes regarding product listing decisions, and would impose seven year workplan timelines on the California Department of Toxic Substances Control.

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Bill Number
502

2022 - Assembly Bill 1817 (Ting, Philip), Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS) (Chaptered)

Summary

Prohibits, beginning January 1, 2025, any person from manufacturing, distributing, selling, or offering for sale in the State any new, not previously owned, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions. The bill requires a manufacturer of a textile article to provide persons that offer the product for sale or distribution in the State with a certificate of compliance stating that the textile article is in compliance with these provisions and does not contain any regulated PFAS.

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Bill Number
1817

2022 - Assembly Bill 1547 (Reyes, Eloise Gómez), Air Pollution: Warehouse Facilities (Dead)

Summary

Would have authorized CARB to regulate indirect sources, as defined in Section 7410 of Title 42 of the United States Code. Additionally, the bill would have required local governments, before approving a warehouse development project, to take certain actions to identify and address the potential environmental impacts of the project and to ensure public participation by residents affected by the project on the consideration of the project. Was not heard in the Natural Resources Committee.

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1547

2022 – Assembly Bill 426 (Bauer-Kahan, Rebecca), Toxic Air Contaminants (Dead)

Summary

Would have allowed a local air district to adopt and implement regulations to require data regarding air pollution within the air district’s jurisdiction from indirect and areawide sources, including mobile sources drawn by those sources, to enable the calculation of health risks from toxic air contaminants. The bill would have also specified that a local air district, in carrying out its responsibilities with respect to the reduction of health risks from toxic air contaminants, may adopt and implement regulations to reduce or mitigate emissions from new and existing indirect and areawide sources of air pollution, or to encourage or require the use of measures which reduce the number or length of vehicle trips. Was not heard in the Natural Resources Committee.

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Bill Number
426