CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1660Introduced by Assembly Member TaFebruary 17, 2023 An act to amend Section 108981.5 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1660, as introduced, Ta. Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards and the regulations are commercially and technologically feasible and necessary.Existing law prohibits, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law defines, for these purposes, PFAS to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and intentionally added PFAS to mean PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product, or PFAS chemicals that are intentional breakdown products of an added chemical.This bill would authorize the state board to exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS has characteristics that are beneficial for the environmental goals of the State of California and is not identified as persistent, bioaccumulative, and toxic to the environment.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. Section 108981.5 of the Health and Safety Code is amended to read:108981.5. (a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), except as provided in subdivision (b).(b) The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions:(1) It has characteristics that are beneficial for the environmental goals of the State of California. (2) It is not identified as persistent, bioaccumulative, and toxic to the environment. CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1660Introduced by Assembly Member TaFebruary 17, 2023 An act to amend Section 108981.5 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1660, as introduced, Ta. Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards and the regulations are commercially and technologically feasible and necessary.Existing law prohibits, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law defines, for these purposes, PFAS to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and intentionally added PFAS to mean PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product, or PFAS chemicals that are intentional breakdown products of an added chemical.This bill would authorize the state board to exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS has characteristics that are beneficial for the environmental goals of the State of California and is not identified as persistent, bioaccumulative, and toxic to the environment.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1660 Introduced by Assembly Member TaFebruary 17, 2023 Introduced by Assembly Member Ta February 17, 2023 An act to amend Section 108981.5 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1660, as introduced, Ta. Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards and the regulations are commercially and technologically feasible and necessary.Existing law prohibits, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law defines, for these purposes, PFAS to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and intentionally added PFAS to mean PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product, or PFAS chemicals that are intentional breakdown products of an added chemical.This bill would authorize the state board to exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS has characteristics that are beneficial for the environmental goals of the State of California and is not identified as persistent, bioaccumulative, and toxic to the environment. Existing law requires the State Air Resources Board to adopt regulations to achieve the maximum feasible reduction in volatile organic compounds emitted by consumer products, as defined, if the state board determines adequate data exist to establish the regulations are necessary to attain state and federal ambient air quality standards and the regulations are commercially and technologically feasible and necessary. Existing law prohibits, beginning January 1, 2025, a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). Existing law defines, for these purposes, PFAS to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and intentionally added PFAS to mean PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product, or PFAS chemicals that are intentional breakdown products of an added chemical. This bill would authorize the state board to exempt an intentionally added PFAS from that prohibition if the state board determines that the intentionally added PFAS has characteristics that are beneficial for the environmental goals of the State of California and is not identified as persistent, bioaccumulative, and toxic to the environment. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 108981.5 of the Health and Safety Code is amended to read:108981.5. (a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), except as provided in subdivision (b).(b) The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions:(1) It has characteristics that are beneficial for the environmental goals of the State of California. (2) It is not identified as persistent, bioaccumulative, and toxic to the environment. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 108981.5 of the Health and Safety Code is amended to read:108981.5. (a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), except as provided in subdivision (b).(b) The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions:(1) It has characteristics that are beneficial for the environmental goals of the State of California. (2) It is not identified as persistent, bioaccumulative, and toxic to the environment. SECTION 1. Section 108981.5 of the Health and Safety Code is amended to read: ### SECTION 1. 108981.5. (a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), except as provided in subdivision (b).(b) The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions:(1) It has characteristics that are beneficial for the environmental goals of the State of California. (2) It is not identified as persistent, bioaccumulative, and toxic to the environment. 108981.5. (a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), except as provided in subdivision (b).(b) The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions:(1) It has characteristics that are beneficial for the environmental goals of the State of California. (2) It is not identified as persistent, bioaccumulative, and toxic to the environment. 108981.5. (a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), except as provided in subdivision (b).(b) The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions:(1) It has characteristics that are beneficial for the environmental goals of the State of California. (2) It is not identified as persistent, bioaccumulative, and toxic to the environment. 108981.5. (a) Beginning January 1, 2025, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). (PFAS), except as provided in subdivision (b). (b) The State Air Resources Board may exempt an intentionally added PFAS from the prohibition described in subdivision (a) if the state board determines that the intentionally added PFAS meets both of the following conditions: (1) It has characteristics that are beneficial for the environmental goals of the State of California. (2) It is not identified as persistent, bioaccumulative, and toxic to the environment.