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AB-958 Hazardous materials: perfluoroalkyl and polyfluoroalkyl substances.(2017-2018)

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Date Published: 06/21/2017 09:00 PM
AB958:v96#DOCUMENT

Amended  IN  Senate  June 21, 2017
Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 958


Introduced by Assembly Members Ting and Quirk
(Coauthor: Assembly Member Gonzalez Fletcher)

February 16, 2017


An act to add Article 15 (commencing with Section 25257.5) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 958, as amended, Ting. Hazardous materials: perfluoroalkyl and polyfluoroalkyl substances.
The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous materials and hazardous waste. Existing law, known as the Green Chemistry program, requires the department to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being chemicals of concern, and to adopt regulations that establish a process for evaluating chemicals of concern in consumer products, and their potential alternatives, to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern, as specified. Existing law requires the regulations adopted to specify the range of regulatory responses that the department may take following the completion of the alternatives analysis. Under its regulatory authority, the department has adopted the 2015–17 Priority Product Work Plan, which describes categories from which the department will select priority products for which safer alternatives are to be evaluated. A violation of the hazardous waste control laws is a crime.

This bill would prohibit a person or entity from manufacturing, selling, or distributing in commerce any product that contains perfluoroalkyl or polyfluoroalkyl substances with eight or more carbon atoms. Because the bill would create a new crime, it would impose a state-mandated local program.

The bill would require the department to revise the 2015–17 Priority Product Work Plan, and subsequent work plans, as necessary, to include food contact substances containing perfluoroalkyl or polyfluoroalkyl substances for consideration and evaluation as potential priority products under the Green Chemistry program. The bill would require the department, on or before January 1, 2020, to begin adoption of Green Chemistry regulations for those food contact substances.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Article 15 (commencing with Section 25257.5) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article  15. Perfluoroalkyl and Polyfluoroalkyl Substances
25257.5.

No person shall manufacture, sell, or distribute in commerce any product that contains perfluoroalkyl or polyfluoroalkyl substances with eight or more carbon atoms.

25257.51.25257.5.
 (a) The department shall revise its 2015–17 Priority Product Work Plan, and subsequent work plans, as necessary, to include food contact substances, as that term may be defined by the department, containing perfluoroalkyl or polyfluoroalkyl substances for consideration and evaluation as a potential priority product.
(b) On or before January 1, 2019, the department shall identify food contact substances containing perfluoroalkyl or polyfluoroalkyl substances as draft priority products and, on or before January 1, 2020, shall begin adoption of regulations in accordance with Article 14 (commencing with Section 25251), for the identified food contact substances.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.