Bill Text: CA AB347 | 2023-2024 | Regular Session | Amended
Bill Title: Household product safety: toxic substances: testing and enforcement.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Enrolled) 2024-08-29 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 14.). [AB347 Detail]
Download: California-2023-AB347-Amended.html
Amended
IN
Senate
June 20, 2024 |
Amended
IN
Senate
June 05, 2024 |
Amended
IN
Senate
September 08, 2023 |
Amended
IN
Senate
September 01, 2023 |
Amended
IN
Senate
August 16, 2023 |
Amended
IN
Senate
June 28, 2023 |
Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
April 11, 2023 |
Amended
IN
Assembly
March 30, 2023 |
Introduced by Assembly Member Ting (Coauthor: Assembly Member Schiavo) (Coauthor: Senator Allen) |
January 31, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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.
The heading of Chapter 3 of Part 3 of Division 104 of the Health and Safety Code is repealed.SEC. 2.
Chapter 3 (commencing with Section 108075) is added to Part 3 of Division 104 of the Health and Safety Code, to read:CHAPTER 3. Enforcement and Penalties
Article 1. Intent
108075.
(a) It is the intent of the Legislature that this chapter provide enforcement mechanisms for existing and future perfluoroalkyl and polyfluoroalkyl substance (PFAS) bans and labeling requirements enacted by the Legislature.Article 2. Definitions and General Provisions
108076.
For purposes of this chapter, all of the following definitions apply:(d)“Non-PFAS ingredient restrictions” means the prohibitions imposed by Section 108980.
108077.
On or before January 1, 2026, the department shall adopt regulations to implement, interpret, or make specific this108078.
This chapter does not limit or restrict existing mandates, prohibitions, deadlines, enforcement authorities, or rights of action.Article 3. Registration and Testing
108079.
(a) On or before July 1, 2026, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation:(3)Certification and analytical test results demonstrating that the covered products that it manufactures complies with the applicable covered PFAS restrictions. The
108080.
If a manufacturer has not provided the information required by subdivision (a) of Section 108079, the department may procure and test any covered product for compliance with the applicable covered PFAS restrictions. Tests may be done by selecting and testing randomized samples of covered products from a cross section of retailers or by any other process specified by the department in regulation.Article 4. Notice of Violation
108081.
(a) The department shall issue a notice of violation to a person or entity in violation if either of the following occurs:Article 5. Enforcement
108082.
The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative fine assessed pursuant to this chapter. In determining the amount of an administrative fine, the department shall consider all of the following factors:108083.
(a) The department may receive reports of alleged violations of covered PFAS(c)The department may rely on a certification and analytical testing performed by a consumer, business, research institution, or not-for profit entity to issue a notice of violation and to assess an administrative fine for a violation of one or more covered PFAS restrictions if the
provided certification and analytical tests comply with those published on the department’s internet website pursuant to subdivision (b) of Section 108079.
Article 6. Finance
108084.
The department shall deposit all moneys from the registration fee described in Section 108079 into the PFAS Enforcement Fund, which is hereby created in the State Treasury. Moneys in the fund shall, upon appropriation by the Legislature, be used to fund the department’s reasonable costs of implementing this chapter.108085.
The department shall deposit all administrative fines collected pursuant to this chapter into the PFAS Fine Account, which is hereby created in the PFAS Enforcement Fund. Moneys in the account shall, upon appropriation by the Legislature, be available for expenditure by the department to implement this chapter.108086.
Upon appropriation by the Legislature, funds in the Toxic Substances Control Account may be used by the department to carry out this chapter.Article 7. Reporting
108087.
(a) On or before July 1, 2030, the department shall submit a report to the Legislature regarding its compliance and enforcement activities performed pursuant to this chapter, including, but not limited to, all of the following:(1)Test results provided to the department by persons or entities and a description of any information call-in initiatives, regulated persons or entities engagement, and cease-ordering initiatives.
(2)The test results for each covered product tested by the department and a description of the test methods the department used to test covered products.