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

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Date Published: 07/17/2017 10:00 AM
AB958:v95#DOCUMENT

Amended  IN  Senate  July 17, 2017
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.
The bill would require the department to revise the 2015–17 include in the 2018–20 Priority Product Work Plan, and subsequent work plans, as necessary, to include food contact substances packaging containing perfluoroalkyl or polyfluoroalkyl substances for consideration and evaluation as potential priority products under the Green Chemistry program. substances. The bill would require the department, on or before January 1, 2020, to begin the adoption of Green Chemistry regulations for those food contact substances. that food packaging, unless the department, on or before January 1, 2019, makes a finding that sufficient data is not available to conduct and complete the priority product evaluation and regulatory process for that food packaging. If the department makes that finding, the bill would require the department to, among other things, pursue the data necessary to conduct and complete that evaluation and regulatory process and to begin the adoption of Green Chemistry regulations for that food packaging within one year of collecting sufficient data to conduct and complete the evaluation and regulatory process.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.
 “Food packaging” means a package or packaging component that is intended for food contact or for storing food or foodstuff that is for sale, and that is intended to market, protect, contain, or be used to handle that food or foodstuff.

25257.5.25257.6.
 (a) The department shall revise its 2015–17 include in the 2018–20 Priority Product Work Plan, and subsequent work plans, as necessary, to include food contact substances, as that term may be defined by the department, food packaging containing perfluoroalkyl or polyfluoroalkyl substances for consideration and evaluation as a potential priority product. substances.
(b) (1) On or before January 1, 2019, the department shall identify food contact substances packaging containing perfluoroalkyl or polyfluoroalkyl substances as draft priority products and, on or before January 1, 2020, shall begin the adoption of regulations in accordance with Article 14 (commencing with Section 25251), for the identified food contact substances. packaging, unless paragraph (2) applies.
(2) If, on or before January 1, 2019, the department makes a finding that sufficient data is not available to conduct and complete the priority product evaluation and regulatory process for food packaging containing perfluoroalkyl or polyfluoroalkyl substances, the department shall do all of the following:
(A) Maintain food packaging containing perfluoroalkyl or polyfluoroalkyl substances in the 2018–20 Priority Product Work Plan and subsequent work plans.
(B) Post the finding and the department’s justification for the finding on the department’s Internet Web site.
(C) Pursue the data necessary to conduct and complete the priority product evaluation and regulatory process for food packaging containing perfluoroalkyl or polyfluoroalkyl substances.
(D) Complete the requirements specified in paragraph (1) within one year of collecting sufficient data to conduct and complete the priority product evaluation and regulatory process for food packaging containing perfluoroalkyl or polyfluoroalkyl substances.
(c) If the department determines that available data and information do not support the listing of food packaging containing perfluoroalkyl or polyfluoroalkyl substances as a priority product consistent with Article 3 (commencing with Section 69503) of Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations, the department shall issue a finding documenting that determination.