California 2023 2023-2024 Regular Session

California Assembly Bill AB2491 Amended / Bill

Filed 04/04/2024

                    Amended IN  Assembly  April 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2491Introduced by Assembly Member LeeFebruary 13, 2024 An act to amend Sections 25130 and 25131 of, and to add Section 25133 to, add Section 108983 to the Health and Safety Code, relating to hazardous waste. public health.LEGISLATIVE COUNSEL'S DIGESTAB 2491, as amended, Lee. Hazardous waste: research programs. Cosmetic products: safety.Existing law establishes the State Department of Public Health and vests it with various duties, including administration of the Consumer Product Safety Program. Existing law, commencing January 1, 2025, prohibits the manufacture, sale, delivery, holding, or offer for sale in commerce of any cosmetic product that contains specified intentionally added ingredients.This bill would, commencing January 1, 2025, prohibit the sale or delivery to a person under 13 years of age of an over-the-counter cosmetic product advertised to address skin aging that contains vitamin A or its derivatives or an alpha hydroxy acid. The bill would authorize specified prosecutorial agencies, including the Attorney General, a district attorney, or a city attorney, to bring a civil action against a person or entity that violates this prohibition.Existing law requires the Department of Toxic Substances Control to establish the Hazardous Waste Resource and Research Coordination Program, which consists of a database of known hazardous waste research and a pool of research consultants qualified in the field of hazardous waste management, as provided. Existing law requires the department to assemble and annually update a bibliographic cross-referenced database containing certain information on known hazardous waste research programs, including the specific problems facing hazardous waste generators that the research is designed to address. The department is required to make the information in the database on known hazardous waste research programs available to the public at a cost not greater than the departments printing and mailing costs.This bill would require the department to also post the information described above on its internet website. The bill would require the department, on or before July 1, 2025, to convene a stakeholder working group to identify potential technologies to reduce the generation of hazardous waste.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 108983 is added to the Health and Safety Code, to read:108983. (a) Commencing January 1, 2025, no person or entity shall sell or deliver to a person under 13 years of age an over-the-counter cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.(b) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:(A) The nature and extent of the violation.(B) The number of, and severity of, the violations.(C) The economic effect of the penalty on the violator.(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.(c) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.(d) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.(e) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.(2) The remedies provided in this section are cumulative with any other remedies available under any other law.SECTION 1.Section 25130 of the Health and Safety Code is amended to read:25130.(a)The department shall establish the Hazardous Waste Resource and Research Coordination Program, which consists of the following two components:(1)A database containing information on known hazardous waste research being conducted within the state pursuant to Section 25131.(2)A pool of research consultants qualified in the field of hazardous waste management established pursuant to Section 25132.(b)The department shall post the information described in paragraphs (1) and (2) of subdivision (a) on its internet website.SEC. 2.Section 25131 of the Health and Safety Code is amended to read:25131.(a)The department shall assemble a bibliographic cross-referenced database containing all of the following information on known hazardous waste research programs that are ongoing within the state:(1)The institution or organization sponsoring the research program.(2)The principal investigators conducting the research.(3)A brief description of the research, including anticipated applications of the resulting information.(4)The specific problems facing hazardous waste generators that the research is designed to address, including, but not limited to, specific hazardous waste streams or specific production processes.(5)A summary of results already achieved by the research program.(6)The date on which the program began, and its expected completion date.(b)The department shall update the database annually. (c)(1)The department shall make the information in the database available to the public at a cost not greater than the departments printing and mailing costs.(2)The department shall post the information in the database on its internet website.SEC. 3.Section 25133 is added to the Health and Safety Code, to read:25133.The department shall, on or before July 1, 2025, convene a stakeholder working group for the purpose of identifying potential technologies that could be used to reduce the generation of hazardous waste.

 Amended IN  Assembly  April 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2491Introduced by Assembly Member LeeFebruary 13, 2024 An act to amend Sections 25130 and 25131 of, and to add Section 25133 to, add Section 108983 to the Health and Safety Code, relating to hazardous waste. public health.LEGISLATIVE COUNSEL'S DIGESTAB 2491, as amended, Lee. Hazardous waste: research programs. Cosmetic products: safety.Existing law establishes the State Department of Public Health and vests it with various duties, including administration of the Consumer Product Safety Program. Existing law, commencing January 1, 2025, prohibits the manufacture, sale, delivery, holding, or offer for sale in commerce of any cosmetic product that contains specified intentionally added ingredients.This bill would, commencing January 1, 2025, prohibit the sale or delivery to a person under 13 years of age of an over-the-counter cosmetic product advertised to address skin aging that contains vitamin A or its derivatives or an alpha hydroxy acid. The bill would authorize specified prosecutorial agencies, including the Attorney General, a district attorney, or a city attorney, to bring a civil action against a person or entity that violates this prohibition.Existing law requires the Department of Toxic Substances Control to establish the Hazardous Waste Resource and Research Coordination Program, which consists of a database of known hazardous waste research and a pool of research consultants qualified in the field of hazardous waste management, as provided. Existing law requires the department to assemble and annually update a bibliographic cross-referenced database containing certain information on known hazardous waste research programs, including the specific problems facing hazardous waste generators that the research is designed to address. The department is required to make the information in the database on known hazardous waste research programs available to the public at a cost not greater than the departments printing and mailing costs.This bill would require the department to also post the information described above on its internet website. The bill would require the department, on or before July 1, 2025, to convene a stakeholder working group to identify potential technologies to reduce the generation of hazardous waste.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 04, 2024

Amended IN  Assembly  April 04, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2491

Introduced by Assembly Member LeeFebruary 13, 2024

Introduced by Assembly Member Lee
February 13, 2024

 An act to amend Sections 25130 and 25131 of, and to add Section 25133 to, add Section 108983 to the Health and Safety Code, relating to hazardous waste. public health.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2491, as amended, Lee. Hazardous waste: research programs. Cosmetic products: safety.

Existing law establishes the State Department of Public Health and vests it with various duties, including administration of the Consumer Product Safety Program. Existing law, commencing January 1, 2025, prohibits the manufacture, sale, delivery, holding, or offer for sale in commerce of any cosmetic product that contains specified intentionally added ingredients.This bill would, commencing January 1, 2025, prohibit the sale or delivery to a person under 13 years of age of an over-the-counter cosmetic product advertised to address skin aging that contains vitamin A or its derivatives or an alpha hydroxy acid. The bill would authorize specified prosecutorial agencies, including the Attorney General, a district attorney, or a city attorney, to bring a civil action against a person or entity that violates this prohibition.Existing law requires the Department of Toxic Substances Control to establish the Hazardous Waste Resource and Research Coordination Program, which consists of a database of known hazardous waste research and a pool of research consultants qualified in the field of hazardous waste management, as provided. Existing law requires the department to assemble and annually update a bibliographic cross-referenced database containing certain information on known hazardous waste research programs, including the specific problems facing hazardous waste generators that the research is designed to address. The department is required to make the information in the database on known hazardous waste research programs available to the public at a cost not greater than the departments printing and mailing costs.This bill would require the department to also post the information described above on its internet website. The bill would require the department, on or before July 1, 2025, to convene a stakeholder working group to identify potential technologies to reduce the generation of hazardous waste.

Existing law establishes the State Department of Public Health and vests it with various duties, including administration of the Consumer Product Safety Program. Existing law, commencing January 1, 2025, prohibits the manufacture, sale, delivery, holding, or offer for sale in commerce of any cosmetic product that contains specified intentionally added ingredients.

This bill would, commencing January 1, 2025, prohibit the sale or delivery to a person under 13 years of age of an over-the-counter cosmetic product advertised to address skin aging that contains vitamin A or its derivatives or an alpha hydroxy acid. The bill would authorize specified prosecutorial agencies, including the Attorney General, a district attorney, or a city attorney, to bring a civil action against a person or entity that violates this prohibition.

Existing law requires the Department of Toxic Substances Control to establish the Hazardous Waste Resource and Research Coordination Program, which consists of a database of known hazardous waste research and a pool of research consultants qualified in the field of hazardous waste management, as provided. Existing law requires the department to assemble and annually update a bibliographic cross-referenced database containing certain information on known hazardous waste research programs, including the specific problems facing hazardous waste generators that the research is designed to address. The department is required to make the information in the database on known hazardous waste research programs available to the public at a cost not greater than the departments printing and mailing costs.



This bill would require the department to also post the information described above on its internet website. The bill would require the department, on or before July 1, 2025, to convene a stakeholder working group to identify potential technologies to reduce the generation of hazardous waste.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 108983 is added to the Health and Safety Code, to read:108983. (a) Commencing January 1, 2025, no person or entity shall sell or deliver to a person under 13 years of age an over-the-counter cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.(b) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:(A) The nature and extent of the violation.(B) The number of, and severity of, the violations.(C) The economic effect of the penalty on the violator.(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.(c) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.(d) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.(e) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.(2) The remedies provided in this section are cumulative with any other remedies available under any other law.SECTION 1.Section 25130 of the Health and Safety Code is amended to read:25130.(a)The department shall establish the Hazardous Waste Resource and Research Coordination Program, which consists of the following two components:(1)A database containing information on known hazardous waste research being conducted within the state pursuant to Section 25131.(2)A pool of research consultants qualified in the field of hazardous waste management established pursuant to Section 25132.(b)The department shall post the information described in paragraphs (1) and (2) of subdivision (a) on its internet website.SEC. 2.Section 25131 of the Health and Safety Code is amended to read:25131.(a)The department shall assemble a bibliographic cross-referenced database containing all of the following information on known hazardous waste research programs that are ongoing within the state:(1)The institution or organization sponsoring the research program.(2)The principal investigators conducting the research.(3)A brief description of the research, including anticipated applications of the resulting information.(4)The specific problems facing hazardous waste generators that the research is designed to address, including, but not limited to, specific hazardous waste streams or specific production processes.(5)A summary of results already achieved by the research program.(6)The date on which the program began, and its expected completion date.(b)The department shall update the database annually. (c)(1)The department shall make the information in the database available to the public at a cost not greater than the departments printing and mailing costs.(2)The department shall post the information in the database on its internet website.SEC. 3.Section 25133 is added to the Health and Safety Code, to read:25133.The department shall, on or before July 1, 2025, convene a stakeholder working group for the purpose of identifying potential technologies that could be used to reduce the generation of hazardous waste.

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 108983 is added to the Health and Safety Code, to read:108983. (a) Commencing January 1, 2025, no person or entity shall sell or deliver to a person under 13 years of age an over-the-counter cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.(b) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:(A) The nature and extent of the violation.(B) The number of, and severity of, the violations.(C) The economic effect of the penalty on the violator.(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.(c) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.(d) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.(e) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.(2) The remedies provided in this section are cumulative with any other remedies available under any other law.

SECTION 1. Section 108983 is added to the Health and Safety Code, to read:

### SECTION 1.

108983. (a) Commencing January 1, 2025, no person or entity shall sell or deliver to a person under 13 years of age an over-the-counter cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.(b) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:(A) The nature and extent of the violation.(B) The number of, and severity of, the violations.(C) The economic effect of the penalty on the violator.(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.(c) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.(d) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.(e) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.(2) The remedies provided in this section are cumulative with any other remedies available under any other law.

108983. (a) Commencing January 1, 2025, no person or entity shall sell or deliver to a person under 13 years of age an over-the-counter cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.(b) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:(A) The nature and extent of the violation.(B) The number of, and severity of, the violations.(C) The economic effect of the penalty on the violator.(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.(c) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.(d) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.(e) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.(2) The remedies provided in this section are cumulative with any other remedies available under any other law.

108983. (a) Commencing January 1, 2025, no person or entity shall sell or deliver to a person under 13 years of age an over-the-counter cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.(b) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:(A) The nature and extent of the violation.(B) The number of, and severity of, the violations.(C) The economic effect of the penalty on the violator.(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.(c) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.(d) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.(e) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.(2) The remedies provided in this section are cumulative with any other remedies available under any other law.



108983. (a) Commencing January 1, 2025, no person or entity shall sell or deliver to a person under 13 years of age an over-the-counter cosmetic product advertised to address skin aging that contains either of the following intentionally added ingredients:

(1) Vitamin A and its derivatives, including, but not limited to, retinoids and retinol.

(2) An alpha hydroxy acid, including, but not limited to, glycolic acid, ascorbic acid (vitamin C), or citric acid.

(b) (1) A person or entity who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) per day for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(2) In assessing the amount of a civil penalty for a violation of this section, the court shall consider all of the following:

(A) The nature and extent of the violation.

(B) The number of, and severity of, the violations.

(C) The economic effect of the penalty on the violator.

(D) Whether the violator took good faith measures to comply with this section and when these measures were taken.

(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.

(F) Whether there were contributing environmental factors that a reasonable person knew or should have known about.

(c) A civil action for a violation of this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city or county attorney, by a county counsel, or by a city prosecutor.

(d) Civil penalties collected pursuant to this section shall be paid to the office that brought the action, including, but not limited to, the Attorney General, a district attorney, a city attorney, a county counsel, or a city prosecutor.

(e) (1) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.

(2) The remedies provided in this section are cumulative with any other remedies available under any other law.





(a)The department shall establish the Hazardous Waste Resource and Research Coordination Program, which consists of the following two components:



(1)A database containing information on known hazardous waste research being conducted within the state pursuant to Section 25131.



(2)A pool of research consultants qualified in the field of hazardous waste management established pursuant to Section 25132.



(b)The department shall post the information described in paragraphs (1) and (2) of subdivision (a) on its internet website.







(a)The department shall assemble a bibliographic cross-referenced database containing all of the following information on known hazardous waste research programs that are ongoing within the state:



(1)The institution or organization sponsoring the research program.



(2)The principal investigators conducting the research.



(3)A brief description of the research, including anticipated applications of the resulting information.



(4)The specific problems facing hazardous waste generators that the research is designed to address, including, but not limited to, specific hazardous waste streams or specific production processes.



(5)A summary of results already achieved by the research program.



(6)The date on which the program began, and its expected completion date.



(b)The department shall update the database annually.



 (c)(1)The department shall make the information in the database available to the public at a cost not greater than the departments printing and mailing costs.



(2)The department shall post the information in the database on its internet website.







The department shall, on or before July 1, 2025, convene a stakeholder working group for the purpose of identifying potential technologies that could be used to reduce the generation of hazardous waste.