California 2023 2023-2024 Regular Session

California Assembly Bill AB1423 Amended / Bill

Filed 04/13/2023

                    Amended IN  Assembly  April 13, 2023 Amended IN  Assembly  April 10, 2023 Amended IN  Assembly  March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1423Introduced by Assembly Member SchiavoFebruary 17, 2023An act to add Chapter 12.6 (commencing with Section 108948) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety. LEGISLATIVE COUNSEL'S DIGESTAB 1423, as amended, Schiavo. Product safety: perfluoroalkyl and polyfluoroalkyl substances: artificial turf or synthetic surfaces.Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. Existing law similarly prohibits, commencing January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.This bill would, commencing January 1, 2024, require a manufacturer or installer of a covered surface, defined as artificial turf or a synthetic surface that resembles grass, proposing to design, sell, or install a field with a covered surface to any party to notify the party at the earliest possible date that the covered surface contains regulated PFAS, as defined. The bill would also prohibit, commencing January 1, 2024, a public entity, including a charter city, charter county, city, or county, any public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, a public institution of higher education, other than the University of California, or a private institution of higher education from purchasing or installing a covered surface containing regulated PFAS, as provided. CommencingCommencing January 1, 2025, the bill would prohibit a person or entity from manufacturing, distributing, selling, or offering for sale in the state any covered surface that contains regulated PFAS. The bill would provide that a violation of this prohibition is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would require a manufacturer of a covered surface to use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with these provisions.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as PFAS, are highly toxic and highly persistent in the environment.(b) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including kidney and liver damage, developmental harm, and immune system disruption.(c) PFAS is routinely used in the production and manufacturing of artificial turf and is emitted as part of the dust as the fields age and degrade due to use and exposure to the elements.(d) Children are uniquely at risk to exposure to PFAS playing on artificial turf or synthetic grass as their height leads them to more readily inhale, ingest, and come in dermal contact with dust emitted from the fields. Adults are also exposed to PFAS when playing on these fields.SEC. 2. Chapter 12.6 (commencing with Section 108948) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.6. Artificial Fields108948. For purposes of this chapter, the following definitions apply:(a) Covered surface means artificial turf or a synthetic surface that resembles grass.(b) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Regulated PFAS includes either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) The presence of PFAS in a product or product component at or above one part per million, as measured in total organic fluorine.108948.1. Commencing January 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the earliest possible date that the covered surface contains regulated PFAS.(a) (1) Commencing January 1, 2024, a covered surface containing regulated PFAS shall not be purchased or installed by any of the following entities:(A) A public entity, including a charter city, charter county, city, or county.(B) A public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive.(C) A public or private institution of higher education, except as provided in paragraph (2).(2) Commencing January 1, 2024, the University of California is requested to comply with the prohibition described in paragraph (1).(3) Paragraph (1) shall not apply to those entities listed in subparagraphs (A) to (C), inclusive, of paragraph (1) who have concluded the design and permitting of a covered surface, contracted for the installation of a covered surface, or purchased a covered surface on or before December 31, 2023.108948.2. (a) Commencing January 1, 2025, no person or entity shall manufacture, distribute, sell, or offer for sale in the state any covered surface that contains regulated PFAS.(b) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(c) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.108948.3. A manufacturer of a covered surface shall use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with this chapter.SEC. 3. The Legislature finds and declares that the potential public health harm due to the presence of PFAS in any public park or public space in California is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 108948.1 of the Health and Safety Code applies to all cities, including charter cities.

 Amended IN  Assembly  April 13, 2023 Amended IN  Assembly  April 10, 2023 Amended IN  Assembly  March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1423Introduced by Assembly Member SchiavoFebruary 17, 2023An act to add Chapter 12.6 (commencing with Section 108948) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety. LEGISLATIVE COUNSEL'S DIGESTAB 1423, as amended, Schiavo. Product safety: perfluoroalkyl and polyfluoroalkyl substances: artificial turf or synthetic surfaces.Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. Existing law similarly prohibits, commencing January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.This bill would, commencing January 1, 2024, require a manufacturer or installer of a covered surface, defined as artificial turf or a synthetic surface that resembles grass, proposing to design, sell, or install a field with a covered surface to any party to notify the party at the earliest possible date that the covered surface contains regulated PFAS, as defined. The bill would also prohibit, commencing January 1, 2024, a public entity, including a charter city, charter county, city, or county, any public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, a public institution of higher education, other than the University of California, or a private institution of higher education from purchasing or installing a covered surface containing regulated PFAS, as provided. CommencingCommencing January 1, 2025, the bill would prohibit a person or entity from manufacturing, distributing, selling, or offering for sale in the state any covered surface that contains regulated PFAS. The bill would provide that a violation of this prohibition is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would require a manufacturer of a covered surface to use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with these provisions.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 13, 2023 Amended IN  Assembly  April 10, 2023 Amended IN  Assembly  March 16, 2023

Amended IN  Assembly  April 13, 2023
Amended IN  Assembly  April 10, 2023
Amended IN  Assembly  March 16, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1423

Introduced by Assembly Member SchiavoFebruary 17, 2023

Introduced by Assembly Member Schiavo
February 17, 2023

An act to add Chapter 12.6 (commencing with Section 108948) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1423, as amended, Schiavo. Product safety: perfluoroalkyl and polyfluoroalkyl substances: artificial turf or synthetic surfaces.

Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. Existing law similarly prohibits, commencing January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.This bill would, commencing January 1, 2024, require a manufacturer or installer of a covered surface, defined as artificial turf or a synthetic surface that resembles grass, proposing to design, sell, or install a field with a covered surface to any party to notify the party at the earliest possible date that the covered surface contains regulated PFAS, as defined. The bill would also prohibit, commencing January 1, 2024, a public entity, including a charter city, charter county, city, or county, any public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, a public institution of higher education, other than the University of California, or a private institution of higher education from purchasing or installing a covered surface containing regulated PFAS, as provided. CommencingCommencing January 1, 2025, the bill would prohibit a person or entity from manufacturing, distributing, selling, or offering for sale in the state any covered surface that contains regulated PFAS. The bill would provide that a violation of this prohibition is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would require a manufacturer of a covered surface to use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with these provisions.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law, beginning January 1, 2025, prohibits the manufacture, sale, delivery, hold, or offer for sale in commerce of any cosmetic product that contains any intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined. Existing law similarly prohibits, commencing January 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously used, textile articles that contain regulated PFAS, except as specified, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.

This bill would, commencing January 1, 2024, require a manufacturer or installer of a covered surface, defined as artificial turf or a synthetic surface that resembles grass, proposing to design, sell, or install a field with a covered surface to any party to notify the party at the earliest possible date that the covered surface contains regulated PFAS, as defined. The bill would also prohibit, commencing January 1, 2024, a public entity, including a charter city, charter county, city, or county, any public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive, a public institution of higher education, other than the University of California, or a private institution of higher education from purchasing or installing a covered surface containing regulated PFAS, as provided. Commencing

Commencing January 1, 2025, the bill would prohibit a person or entity from manufacturing, distributing, selling, or offering for sale in the state any covered surface that contains regulated PFAS. The bill would provide that a violation of this prohibition is punishable by a specified civil penalty, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would require a manufacturer of a covered surface to use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with these provisions.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as PFAS, are highly toxic and highly persistent in the environment.(b) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including kidney and liver damage, developmental harm, and immune system disruption.(c) PFAS is routinely used in the production and manufacturing of artificial turf and is emitted as part of the dust as the fields age and degrade due to use and exposure to the elements.(d) Children are uniquely at risk to exposure to PFAS playing on artificial turf or synthetic grass as their height leads them to more readily inhale, ingest, and come in dermal contact with dust emitted from the fields. Adults are also exposed to PFAS when playing on these fields.SEC. 2. Chapter 12.6 (commencing with Section 108948) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.6. Artificial Fields108948. For purposes of this chapter, the following definitions apply:(a) Covered surface means artificial turf or a synthetic surface that resembles grass.(b) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Regulated PFAS includes either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) The presence of PFAS in a product or product component at or above one part per million, as measured in total organic fluorine.108948.1. Commencing January 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the earliest possible date that the covered surface contains regulated PFAS.(a) (1) Commencing January 1, 2024, a covered surface containing regulated PFAS shall not be purchased or installed by any of the following entities:(A) A public entity, including a charter city, charter county, city, or county.(B) A public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive.(C) A public or private institution of higher education, except as provided in paragraph (2).(2) Commencing January 1, 2024, the University of California is requested to comply with the prohibition described in paragraph (1).(3) Paragraph (1) shall not apply to those entities listed in subparagraphs (A) to (C), inclusive, of paragraph (1) who have concluded the design and permitting of a covered surface, contracted for the installation of a covered surface, or purchased a covered surface on or before December 31, 2023.108948.2. (a) Commencing January 1, 2025, no person or entity shall manufacture, distribute, sell, or offer for sale in the state any covered surface that contains regulated PFAS.(b) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(c) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.108948.3. A manufacturer of a covered surface shall use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with this chapter.SEC. 3. The Legislature finds and declares that the potential public health harm due to the presence of PFAS in any public park or public space in California is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 108948.1 of the Health and Safety Code applies to all cities, including charter cities.

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

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

SECTION 1. The Legislature finds and declares all of the following:(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as PFAS, are highly toxic and highly persistent in the environment.(b) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including kidney and liver damage, developmental harm, and immune system disruption.(c) PFAS is routinely used in the production and manufacturing of artificial turf and is emitted as part of the dust as the fields age and degrade due to use and exposure to the elements.(d) Children are uniquely at risk to exposure to PFAS playing on artificial turf or synthetic grass as their height leads them to more readily inhale, ingest, and come in dermal contact with dust emitted from the fields. Adults are also exposed to PFAS when playing on these fields.

SECTION 1. The Legislature finds and declares all of the following:(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as PFAS, are highly toxic and highly persistent in the environment.(b) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including kidney and liver damage, developmental harm, and immune system disruption.(c) PFAS is routinely used in the production and manufacturing of artificial turf and is emitted as part of the dust as the fields age and degrade due to use and exposure to the elements.(d) Children are uniquely at risk to exposure to PFAS playing on artificial turf or synthetic grass as their height leads them to more readily inhale, ingest, and come in dermal contact with dust emitted from the fields. Adults are also exposed to PFAS when playing on these fields.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) Perfluoroalkyl and polyfluoroalkyl substances, a class of chemicals known as PFAS, are highly toxic and highly persistent in the environment.

(b) PFAS have been linked by scientific, peer-reviewed research to severe health problems, including kidney and liver damage, developmental harm, and immune system disruption.

(c) PFAS is routinely used in the production and manufacturing of artificial turf and is emitted as part of the dust as the fields age and degrade due to use and exposure to the elements.

(d) Children are uniquely at risk to exposure to PFAS playing on artificial turf or synthetic grass as their height leads them to more readily inhale, ingest, and come in dermal contact with dust emitted from the fields. Adults are also exposed to PFAS when playing on these fields.

SEC. 2. Chapter 12.6 (commencing with Section 108948) is added to Part 3 of Division 104 of the Health and Safety Code, to read: CHAPTER 12.6. Artificial Fields108948. For purposes of this chapter, the following definitions apply:(a) Covered surface means artificial turf or a synthetic surface that resembles grass.(b) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Regulated PFAS includes either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) The presence of PFAS in a product or product component at or above one part per million, as measured in total organic fluorine.108948.1. Commencing January 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the earliest possible date that the covered surface contains regulated PFAS.(a) (1) Commencing January 1, 2024, a covered surface containing regulated PFAS shall not be purchased or installed by any of the following entities:(A) A public entity, including a charter city, charter county, city, or county.(B) A public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive.(C) A public or private institution of higher education, except as provided in paragraph (2).(2) Commencing January 1, 2024, the University of California is requested to comply with the prohibition described in paragraph (1).(3) Paragraph (1) shall not apply to those entities listed in subparagraphs (A) to (C), inclusive, of paragraph (1) who have concluded the design and permitting of a covered surface, contracted for the installation of a covered surface, or purchased a covered surface on or before December 31, 2023.108948.2. (a) Commencing January 1, 2025, no person or entity shall manufacture, distribute, sell, or offer for sale in the state any covered surface that contains regulated PFAS.(b) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(c) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.108948.3. A manufacturer of a covered surface shall use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with this chapter.

SEC. 2. Chapter 12.6 (commencing with Section 108948) is added to Part 3 of Division 104 of the Health and Safety Code, to read:

### SEC. 2.

 CHAPTER 12.6. Artificial Fields108948. For purposes of this chapter, the following definitions apply:(a) Covered surface means artificial turf or a synthetic surface that resembles grass.(b) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Regulated PFAS includes either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) The presence of PFAS in a product or product component at or above one part per million, as measured in total organic fluorine.108948.1. Commencing January 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the earliest possible date that the covered surface contains regulated PFAS.(a) (1) Commencing January 1, 2024, a covered surface containing regulated PFAS shall not be purchased or installed by any of the following entities:(A) A public entity, including a charter city, charter county, city, or county.(B) A public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive.(C) A public or private institution of higher education, except as provided in paragraph (2).(2) Commencing January 1, 2024, the University of California is requested to comply with the prohibition described in paragraph (1).(3) Paragraph (1) shall not apply to those entities listed in subparagraphs (A) to (C), inclusive, of paragraph (1) who have concluded the design and permitting of a covered surface, contracted for the installation of a covered surface, or purchased a covered surface on or before December 31, 2023.108948.2. (a) Commencing January 1, 2025, no person or entity shall manufacture, distribute, sell, or offer for sale in the state any covered surface that contains regulated PFAS.(b) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(c) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.108948.3. A manufacturer of a covered surface shall use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with this chapter.

 CHAPTER 12.6. Artificial Fields108948. For purposes of this chapter, the following definitions apply:(a) Covered surface means artificial turf or a synthetic surface that resembles grass.(b) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Regulated PFAS includes either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) The presence of PFAS in a product or product component at or above one part per million, as measured in total organic fluorine.108948.1. Commencing January 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the earliest possible date that the covered surface contains regulated PFAS.(a) (1) Commencing January 1, 2024, a covered surface containing regulated PFAS shall not be purchased or installed by any of the following entities:(A) A public entity, including a charter city, charter county, city, or county.(B) A public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive.(C) A public or private institution of higher education, except as provided in paragraph (2).(2) Commencing January 1, 2024, the University of California is requested to comply with the prohibition described in paragraph (1).(3) Paragraph (1) shall not apply to those entities listed in subparagraphs (A) to (C), inclusive, of paragraph (1) who have concluded the design and permitting of a covered surface, contracted for the installation of a covered surface, or purchased a covered surface on or before December 31, 2023.108948.2. (a) Commencing January 1, 2025, no person or entity shall manufacture, distribute, sell, or offer for sale in the state any covered surface that contains regulated PFAS.(b) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(c) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.108948.3. A manufacturer of a covered surface shall use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with this chapter.

 CHAPTER 12.6. Artificial Fields

 CHAPTER 12.6. Artificial Fields

108948. For purposes of this chapter, the following definitions apply:(a) Covered surface means artificial turf or a synthetic surface that resembles grass.(b) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(c) Regulated PFAS includes either of the following:(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.(2) The presence of PFAS in a product or product component at or above one part per million, as measured in total organic fluorine.



108948. For purposes of this chapter, the following definitions apply:

(a) Covered surface means artificial turf or a synthetic surface that resembles grass.

(b) Perfluoroalkyl and polyfluoroalkyl substances or PFAS means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(c) Regulated PFAS includes either of the following:

(1) PFAS that a manufacturer has intentionally added to a product and that has a functional or technical effect in the product.

(2) The presence of PFAS in a product or product component at or above one part per million, as measured in total organic fluorine.

108948.1. Commencing January 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the earliest possible date that the covered surface contains regulated PFAS.(a) (1) Commencing January 1, 2024, a covered surface containing regulated PFAS shall not be purchased or installed by any of the following entities:(A) A public entity, including a charter city, charter county, city, or county.(B) A public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive.(C) A public or private institution of higher education, except as provided in paragraph (2).(2) Commencing January 1, 2024, the University of California is requested to comply with the prohibition described in paragraph (1).(3) Paragraph (1) shall not apply to those entities listed in subparagraphs (A) to (C), inclusive, of paragraph (1) who have concluded the design and permitting of a covered surface, contracted for the installation of a covered surface, or purchased a covered surface on or before December 31, 2023.



108948.1. Commencing January 1, 2024, a manufacturer or installer of a covered surface proposing to design, sell, or install a field with a covered surface to any party shall notify the party at the earliest possible date that the covered surface contains regulated PFAS.

(a) (1) Commencing January 1, 2024, a covered surface containing regulated PFAS shall not be purchased or installed by any of the following entities:

(A) A public entity, including a charter city, charter county, city, or county.

(B) A public or private school serving pupils in kindergarten or any of grades 1 to 12, inclusive.

(C) A public or private institution of higher education, except as provided in paragraph (2).

(2) Commencing January 1, 2024, the University of California is requested to comply with the prohibition described in paragraph (1).

(3) Paragraph (1) shall not apply to those entities listed in subparagraphs (A) to (C), inclusive, of paragraph (1) who have concluded the design and permitting of a covered surface, contracted for the installation of a covered surface, or purchased a covered surface on or before December 31, 2023.

108948.2. (a) Commencing January 1, 2025, no person or entity shall manufacture, distribute, sell, or offer for sale in the state any covered surface that contains regulated PFAS.(b) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.(c) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.



108948.2. (a) Commencing January 1, 2025, no person or entity shall manufacture, distribute, sell, or offer for sale in the state any covered surface that contains regulated PFAS.

(b) Upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person or entity that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation.

(c) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law.

108948.3. A manufacturer of a covered surface shall use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with this chapter.



108948.3. A manufacturer of a covered surface shall use the least toxic alternative when replacing regulated PFAS in a covered surface in accordance with this chapter.

SEC. 3. The Legislature finds and declares that the potential public health harm due to the presence of PFAS in any public park or public space in California is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 108948.1 of the Health and Safety Code applies to all cities, including charter cities.

SEC. 3. The Legislature finds and declares that the potential public health harm due to the presence of PFAS in any public park or public space in California is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 108948.1 of the Health and Safety Code applies to all cities, including charter cities.

SEC. 3. The Legislature finds and declares that the potential public health harm due to the presence of PFAS in any public park or public space in California is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 108948.1 of the Health and Safety Code applies to all cities, including charter cities.

### SEC. 3.