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CA SB903
Bill
AI Summary
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Beginning January 1, 2032, prohibits distributing, selling, or offering for sale in California any product containing intentionally added PFAS unless the Department of Toxic Substances Control determines it is a currently unavoidable use, federal law preempts the prohibition, or the product is previously used.
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Establishes criteria for "currently unavoidable use" determinations requiring manufacturers to demonstrate no safer alternatives exist, the PFAS function is necessary for product operation, and the use is critical for health, safety, or societal functioning.
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Determinations of currently unavoidable use expire after five years and may be renewed with evidence of significant efforts to develop safer alternatives; department must maintain a public list of exempt products and uses.
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Imposes administrative penalties up to $1,000 per day for first violations and $2,500 per day for subsequent violations, with penalties deposited into the PFAS Penalty Account for enforcement.
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Requires the department to adopt regulations by January 1, 2027, establishing application fees for unavoidable use petitions and an administrative appeal process for penalties and department determinations.
Legislative Description
Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.
Last Action
May 16 hearing: Held in committee and under submission.
5/16/2024