Bill Text: CA AB1423 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Product safety: PFAS: artificial turf or synthetic surfaces.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB1423 Detail]

Download: California-2023-AB1423-Amended.html

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Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1423

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Introduced by Assembly Member Schiavo

February 17, 2023

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An act to add Chapter 12.6 (commencing with Section 108948) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 1423, as amended, Schiavo. Product safety: perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products. substances: artificial turf or synthetic surfaces.

Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), as defined. Existing law similarly prohibits, commencing 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 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.

This bill would, commencing July 1, 2024, require a manufacturer of a covered surface, defined as artificial turf or a synthetic surface that resembles grass, to indicate whether or not the covered surface contains added PFAS, as provided, on the product packaging or label of the covered surface and to not advertise a covered surface containing regulated PFAS, as defined, as otherwise, if it contains regulated PFAS. Commencing July 1, 2024, the bill would require a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party to notify the party at the initial stages of negotiations or planning of a contract that the covered surface contains regulated PFAS. The bill would also prohibit, commencing January 1, 2025, a state entity or any public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, from purchasing or installing a covered surface containing regulated PFAS, as provided. The bill would require a manufacturer of a covered surface to use the least toxic alternative when replacing PFAS chemicals in a covered surface in accordance with these provisions.

This bill would express the intent of the Legislature to enact subsequent legislation that would require notification of PFAS in specified products.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as “PFAS,” are highly toxic and highly persistent in the environment.

(b) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including kidney and liver damage, developmental harm, and immune system disruption.

(c) PFAS is routinely used in the production and manufacturing of artificial turf and is emitted as part of the dust as the fields age and degrade due to use and exposure to the elements.

(d) Children are uniquely at risk to exposure to PFAS playing on artificial turf or synthetic grass as their height leads them to more readily inhale, ingest, and come in dermal contact with dust emitted from the fields. Adults are also exposed to PFAS when playing on these fields.

SEC. 2.

 Chapter 12.6 (commencing with Section 108948) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

CHAPTER  12.6. Artificial Fields

108948.

 For purposes of this chapter, the following definitions apply:

(a) “Covered surface” means artificial turf or a synthetic surface that resembles grass.

(b) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(c) “Regulated PFAS” includes either of the following:

(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.

(2) The presence of PFAS in a product or product component at or above the following thresholds, as measured in total organic fluorine:

(A) Commencing January 1, 2024, 100 parts per million.

(B) Commencing January 1, 2027, 10 parts per million.

108948.1.

 (a) Commencing July 1, 2024, a manufacturer of a covered surface shall do both of the following:

(1) (A) Indicate whether or not the covered surface contains regulated PFAS by including the following PFAS statement on the product packaging or label of the covered surface:

“This product:

____ contains added perfluoroalkyl and polyfluoroalkyl substances (PFAS), chemicals that are highly persistent in the environment and are linked to severe negative health effects.

____ contains no added PFAS.”

(B) A manufacturer of covered surfaces shall indicate the absence or presence of regulated PFAS by placing an “X” in one of the appropriate blanks described in subparagraph (A).

(2) Not advertise a covered surface containing regulated PFAS as otherwise, if it contains regulated PFAS.

(b) Commencing July 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the initial stages of negotiations or planning of a contract that the covered surface contains regulated PFAS.

(c) (1) Commencing January 1, 2025, no state entity, public school serving pupils in any of kindergarten or grades 1 to 12, inclusive, or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, shall purchase or install a covered surface containing regulated PFAS.

(2) Paragraph (1) shall not apply to installations of covered surfaces that were purchased, or contracts for the installation of covered surfaces that were finalized, on or before January 1, 2025.

108948.2.

 A manufacturer of a covered surface shall use the least toxic alternative when replacing PFAS chemicals in a covered surface in accordance with this chapter.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation that would require notification of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in specified products.