(1) Existing law requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified.
This bill would, on and after January 1, 2027, prohibit a person from distributing, selling, or offering for sale a cleaning product, cookware, dental floss, juvenile product, food packaging, or ski wax, as provided, that contains intentionally added PFAS, as defined, except for previously used products and as otherwise preempted by federal law.
This bill would, on and after January 1, 2040, prohibit a person from distributing, selling, or offering for sale certain products that contain intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble, including, but not limited to, refrigerants, solvents, propellants, and clean fire suppressants, as specified, unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used.
This bill would also, on and after January 1, 2035, prohibit a person from distributing, selling, or offering for sale any other product, as specified, that contains intentionally added PFAS that is water soluble, may decompose into PFAS that is water soluble, or may release PFAS that is water soluble unless the department has determined that the use of PFAS in the product is a currently unavoidable use, the prohibition is preempted by federal law, or the product is previously used. The bill would specify the criteria and procedures for determining whether the use of PFAS in a product is a currently unavoidable use and for renewing that determination. The bill would authorize a person who submits information to the department to request that the department treat that information as confidential, as specified. The bill would require the department to maintain on its internet website a list of each determination of currently unavoidable use, when each determination expires, and the products and uses that are exempt from the prohibition.
This bill would require the department, on or before January 1, 2029, to adopt regulations to carry out these provisions. The bill would require the regulations to establish and provide for the assessment of an application fee. The bill would create the PFAS Oversight Fund and require all application fees to be deposited into the fund. The bill would require moneys in the fund, upon appropriation by the Legislature, to be used to cover the department's reasonable costs of administering this act.
This bill would require these prohibitions on products containing intentionally added PFAS to be enforced by the department pursuant to the existing authority described above, including, but not limited to, product testing and administrative penalties. The bill would require a manufacturer of a product regulated by the bill to provide a certificate of compliance to the department upon request instead of on or before July 1, 2029. The bill would exempt a manufacturer of a product regulated by the bill from the registration and registration fees required by the existing enforcement authority described above.
(2) Existing law requires the department, in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being a chemical of concern, as specified. Pursuant to that authority, the department adopted regulations known as the Safer Consumer Products Regulations.
This bill would authorize, but not require, that those regulations evaluate uses of PFAS in products that would be prohibited by the provisions in paragraph (1) .
(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.

Statutes affected:
SB 682: 25252 HSC, 108076 HSC
02/21/25 - Introduced: 25252 HSC, 108076 HSC
04/08/25 - Amended Senate: 25252 HSC, 108076 HSC
04/22/25 - Amended Senate: 25252 HSC, 108076 HSC
05/06/25 - Amended Senate: 25252 HSC, 108076 HSC
05/23/25 - Amended Senate: 25252 HSC, 108076 HSC, 108079 HSC, 108079 HSC