Bill Text: CA AB2247 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible data collection interface.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB2247 Detail]
Download: California-2021-AB2247-Introduced.html
Bill Title: Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible data collection interface.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB2247 Detail]
Download: California-2021-AB2247-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2247
| Introduced by Assembly Member Bloom (Principal coauthor: Senator Allen) |
February 16, 2022 |
An act to add Chapter 16 (commencing with Section 109020) to Part 3 of Division 104 of the Health and Safety Code, relating to environmental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2247, as introduced, Bloom.
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) products: disclosure: publicly accessible reporting platform.
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 of several specified intentionally added ingredients, including perfluoroalkyl and polyfluoroalkyl substances (PFAS), except under specified circumstances. Existing law, beginning January 1, 2023, prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated PFAS.
This bill would require the Department of Toxic Substances Control to work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS, as defined, being sold, offered for sale, distributed, or offered
for promotional purposes in, or imported into, the state. The bill would require, on or before March 1, 2024, and annually thereafter, a manufacturer, as defined, of PFAS or a product or a product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state to register the PFAS or the product or product component containing regulated PFAS, and specified other information, on the publicly accessible reporting platform. The bill would authorize specified enforcement agencies to request a certificate of compliance from a manufacturer subject to these requirements and would require the manufacturer to provide, within 30 days, a certificate attesting that the manufacturer’s PFAS or product or product component containing PFAS complies with these requirements. The bill would subject a manufacturer who violates this requirement to civil penalties not to exceed $2,500 per day, up to a maximum of $100,000 for each violation.
This bill would authorize the department to establish by regulation a fee to be paid by a manufacturer subject to these requirements to cover the department’s actual and reasonable regulatory costs to administer, implement, and enforce the requirements, including to establish and maintain the publicly accessible database and make the database available to other state and local agencies and the public. The bill would require the fees to be deposited into the PFAS Disclosure Fund, which the bill would create, and require that, upon appropriation by the Legislature, moneys in the fund be used for these purposes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 16 (commencing with Section 109020) is added to Part 3 of Division 104 of the Health and Safety Code, to read:CHAPTER 16. PFAS Disclosure
109020.
The Legislature finds and declares all of the following:(a) Contamination of water, soil, and air in the state from perfluoroalkyl and polyfluoroalkyl substances, or PFAS, poses a significant threat to the environment of the state and to the health of its citizens.
(b) PFAS continues to be used across numerous industries for a variety of purposes and are ultimately contained in a number of products sold in the state.
(c) Without accurate data on how and how much PFAS is entering the state in any form, state regulators and water agencies, including wastewater facilities, are unable to ensure best practices or set discharge limits that
will protect human health and the environment.
(d) To characterize the real threats of further PFAS environmental contamination and human exposure in the state, and to develop the best practices for addressing them, it is imperative to collect information regarding how PFAS enters the state, whether as PFAS itself or in consumer and industrial products, as well as the amounts of PFAS coming into the state.
(e) Requiring the disclosure of the use of PFAS in products is in the best interests of the state.
109021.
For purposes of this chapter, the following terms have the following meanings:(a) “Department” means the Department of Toxic Substances Control.
(b) (1) “Manufacturer” means any of the following:
(A) A person or entity who manufactures PFAS or imports PFAS into the state.
(B) A person or entity who manufactures a product or product component containing regulated PFAS or imports a product or product component containing regulated PFAS into the state, or whose name appears on the product label.
(C) A person or entity who the PFAS or product or product component containing regulated PFAS is manufactured for or distributed by, as identified by the product label pursuant to the federal Fair Packaging and Labeling Act (15 U.S.C. Sec. 1451 et seq.).
(2) In the case of a product or product component containing regulated PFAS that is imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if the person or entity that manufactured or assembled the product or product component or whose brand name is affixed to the product or product component does not have a presence in the United States.
(3) “Manufacturer” does not include a water, wastewater, stormwater, or recycled water utility in the state.
(c) “Perfluoroalkyl and polyfluoroalkyl
substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(d) “Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS” means either of the following:
(1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.
(2) The presence of PFAS, as measured in total organic fluorine, in a product or product component at or above the limit of quantification.
(e) “Product” means an item, including its product
components, that is manufactured, assembled, packaged, or otherwise prepared for sale or distributed, including for personal, residential, commercial, or industrial use, or for use in making other products.
(f) “Product component” means a component of a product, including the product’s ingredients or a part of the product.
109022.
(a) The department shall work with the Interstate Chemicals Clearinghouse to establish, on or before January 1, 2024, a publicly accessible reporting platform to collect information about PFAS and products or product components containing regulated PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.(b) On or before March 1, 2024, and on or before March 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing regulated PFAS that is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state must register the PFAS or the product or product component containing regulated PFAS on the publicly
accessible reporting platform created pursuant to subdivision (a), along with all of the following information, as applicable:
(1) The name and type of product or product component containing regulated PFAS.
(2) The universal product code, or “UPC,” of the product or product component containing regulated PFAS.
(3) How the PFAS or the product or product component containing regulated PFAS is used by businesses or consumers.
(4) The specific names of all PFAS compounds in the product or product component containing regulated PFAS and the Chemical Abstracts Service Registry Number, also known as a “CAS Registry Number” or “CAS RN,” of each PFAS compound.
(5) The amount or weight of PFAS in
the product or product component containing regulated PFAS per individual analyte, with an estimate of the amount or number of the product or product component sold, delivered, or imported into the state.
(6) The amount or weight of total organic fluorine in the product or product component containing regulated PFAS per individual item.
(7) The anticipated fate and transport in humans and the environment of the PFAS or PFAS in a product or product component containing regulated PFAS.
(8) The name and address of the manufacturer, and the name, address, and phone number of a contact person for the manufacturer.
(c) On and after March 1, 2024, a manufacturer of new PFAS or a new product or product component containing regulated PFAS that is sold, offered
for sale, distributed, or offered for promotional purposes in, or imported into, the state shall, in accordance with subdivision (b), register on the publicly accessible reporting platform within three months of the PFAS or the product or product component containing regulated PFAS being sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the state.
(d) (1) The department shall establish by regulation a fee to be paid by a manufacturer subject to this chapter to cover the department’s actual and reasonable regulatory costs to administer, implement, and enforce this act, including to establish and maintain the publicly accessible database created pursuant to subdivision (a) and make the database available to other state and local agencies and the public.
(2) A manufacturer subject to this chapter shall pay to the
department the fee established pursuant to paragraph (1) in accordance with the fee schedule established by the department in regulation.
(3) The department shall deposit both of the following into the PFAS Disclosure Fund, which is hereby established:
(A) All fees paid to the department pursuant to paragraph (2) by manufacturers subject to this chapter.
(B) Any other moneys appropriated by the Legislature to the department for purposes of this chapter.
(4) (A) Upon appropriation by the Legislature, moneys in the PFAS Disclosure Fund shall be used only for the department’s actual and reasonable regulatory costs in administering, implementing, and enforcing this chapter, consistent with paragraph (1).
(B) Notwithstanding any other law, moneys in the PFAS Disclosure Fund shall not be loaned to, or borrowed by, any other special fund or the General Fund.
109023.
(a) (1) In consultation with the department’s enforcement program, a district attorney, a city attorney, a county counsel, or a city prosecutor in a city or city and county having a full-time city prosecutor, or the Attorney General in the name of the people of the state, may request a certificate of compliance from a manufacturer subject to this chapter.(2) Within 30 days after receipt of the request for a certificate of compliance, the manufacturer shall provide the requestor with a certificate attesting that the manufacturer’s PFAS or product or product component containing regulated PFAS complies with the requirements of this chapter.
(b) A manufacturer who violates this
chapter may be enjoined in any court of competent jurisdiction.
(c) A manufacturer who violates this chapter may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(d) In assessing the amount of a civil penalty for a violation of this chapter, a court shall consider all of the following:
(1) The nature, circumstances, extent, and gravity of the violation.
(2) The manufacturer’s past and present efforts to prevent, abate, or clean up conditions that pose or may pose a threat to the public health or safety or the
environment.
(3) The manufacturer’s ability to pay the proposed penalty.
(4) The effect that the proposed penalty would have on the manufacturer and the community as a whole.
(5) Whether the manufacturer took good faith measures to comply with this chapter and when these measures were taken.
(6) The deterrent effect that the imposition of the penalty would have on both the manufacturer and the regulated community as a whole.
(7) Any other factor that justice may require.
(e) A civil action may be brought pursuant to this section by the Attorney General in the name of the people of the state, by a district attorney, by a city
attorney, by a county counsel, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(f) (1) A civil penalty collected pursuant to this section shall be paid to the office of the city attorney, county counsel, city prosecutor, district attorney, or Attorney General that brought the action.
(2) All civil penalties collected by the Attorney General pursuant to this subdivision shall be deposited into the Unfair Competition Law Fund established pursuant to Section 17206 of the Business and Professions Code.
