2023 LEGISLATION

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AB-267, Fire protection: tents: nonflammable materials. Assemblymember Bauer-Kahan (D-San Ramon). CPSC SUPPORT.

This bill would provide that it is unlawful for any person to manufacture, sell, or offer for sale any tent designed and intended for use for occupancy by less than 15 persons unless the tent is made from flame-retardant fabrics, as provided. The bill would, for purposes of this provision, provide that a tent that is constructed with fabric entirely from synthetic fibers shall be classified as being made from flame-retardant fabrics or materials. The bill would delete the requirement that all tents manufactured for sale in this state be flame retardant, as provided.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/13/23.

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AB-496, Cosmetic safety. Assemblymember Friedman (D-Burbank). CPSC SUPPORT.

Existing law, commencing January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances. This bill would, commencing January 1, 2027, expand that prohibition by adding specified banned ingredients.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/08/23.

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AB-592, Vehicles: commercial nonfranchise solid waste haulers: pilot program. Assemblymember Wilson (D-Suisun City). CPSC SUPPORT.

Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding specified matters, including, among other things, the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority. This bill, until January 1, 2028, would authorize the Counties of Alameda, Contra Costa, and Solano to create a 3-year pilot program to regulate the transport of solid waste by commercial nonfranchise solid waste haulers, as defined, on public roads in unincorporated areas of the county, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, and Solano.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 09/22/23.

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AB-727, Product safety: cleaning products and floor sealers or floor finishes: perfluoroalkyl and polyfluoroalkyl substances. Assemblymember Weber (D-La Mesa). CPSC SUPPORT.

This bill, beginning January 1, 2026, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a cleaning product that contains regulated PFAS, as specified. The bill, beginning January 1, 2028, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offering for sale in the state a floor sealer or floor finish that contains regulated PFAS, as specified. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $10,000 per day for each violation, upon an action brought by the Attorney General, a city or county attorney, a county counsel, city prosecutor, or a district attorney. The bill would exempt treatments containing PFAS for use on converted textiles or leathers, as specified, from these provisions.

• Current Status:

  • VETOED BY THE GOVERNOR ON 10/08/23.

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AB-1059, Product safety: consumer products: textile fiberglass and covered flame retardant chemicals.  Assemblymember Friedman (D-Burbank). CPSC SUPPORT.

This bill would, on and after January 1, 2027, prohibit a person from manufacturing, selling, offering, or distributing in commerce in the state any new, not previously owned juvenile product, mattress, or upholstered furniture that contains, or a constituent component of which contains, textile fiberglass. The bill would, on and after January 1, 2027, prohibit a custom upholsterer from repairing, reupholstering, recovering, restoring, or renewing any mattress, juvenile product, upholstered furniture, or reupholstered furniture using a replacement component that contains, or a constituent component of which contains, textile fiberglass. The bill would authorize the bureau to assess a fine against a person who continues to sell or distribute noncompliant products and to take specified other actions in that regard, including posting citations issued on the bureau’s internet website and receiving complaints from consumers.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/08/23.

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AB-1423, Product safety: PFAS: artificial turf or synthetic surfaces. Assemblymember Schiavo (D-Santa Clarita). CPSC SUPPORT.

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 or install a field with a covered surface for, or sell a field with a covered surface to, any party to notify the party at the earliest possible date if the covered surface contains regulated PFAS, as defined, of that fact. 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.

• Current Status:

  • VETOED BY THE GOVERNOR ON 10/08/23.

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AB-1526, Public resources. Assembly Committee on Natural Resources. CPSC SUPPORT.

The Plastic Pollution Prevention and Packaging Producer Responsibility Act covers certain single-use packaging and plastic single-use food service ware, as provided. This bill would make technical amendments and other revisions to certain components of the act, including the act’s definitions and a PRO’s producer fee schedule. The California Integrated Waste Management Act of 1989 establishes the architectural paint recovery program, under which a manufacturer of architectural paint is required, individually or through a stewardship organization, to submit an architectural paint stewardship plan to the Department of Resources Recycling and Recovery to develop and implement a recovery program to reduce the generation of postconsumer architectural paint, promote the reuse of postconsumer architectural paint, and manage the end of life of postconsumer architectural paint. This bill would, among other things, eliminate the exemption from the program of aerosol spray paint and would provide that architectural paint includes aerosol coating products, as defined.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/13/23.

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AB-1628, Microfiber filtration. Assembly Member McKinnor (D-Inglewood). CPSC SUPPORT.

This bill would require, on and after January 1, 2029, that all new washing machines sold or offered for sale in California for residential or state use contain a microfiber filtration system, as defined, with a mesh size not greater than 100 micrometers, and bear a label with a specified consumer notice, as provided. The bill would provide that a violation of these provisions 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 also include legislative findings and declarations.

• Current Status:

  • VETOED BY THE GOVERNOR ON 10/08/23.

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SB-244, Right to Repair Act. Senator Eggman (D-Stockton). CPSC SUPPORT.This bill would enact the Right to Repair Act. The bill would require, except as specified and regardless of whether any express warranty is made, the manufacturer of an above-described electronic or appliance product, in the above-described circumstances, and in those same circumstances but sold to others outside of direct retail sales, to make available, on fair and reasonable terms, to product owners, service and repair facilities, and service dealers, the means, as described, to effect the diagnosis, maintenance, or repair of the product, as provided. The bill would also require a service and repair facility or service dealer that is not an authorized repair provider, as defined, of a manufacturer to provide a written notice of that fact to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product, and to disclose if it uses replacement parts that are used or from a supplier that is not the manufacturer. The bill would also authorize a city, a county, a city and county, or the state to bring an action in superior court to impose civil penalties on a person or entity for violating the Right to Repair Act, as provided.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/10/23.

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SB-271, Powered wheelchairs: repair. Senator Dodd (D-Napa). CPSC SUPPORT.

This bill would, except as specified, require an original manufacturer of a powered wheelchair, as those terms are defined, to provide documentation, parts, embedded software, firmware, and tools used to inspect, diagnose, maintain, and repair the wheelchair to an owner or an independent repair provider for the purposes of providing service on the equipment in the state, on fair and reasonable terms and costs, as defined. The bill would also require an original manufacturer, for a powered wheelchair that contains an electronic security lock or other security-related function, to provide any documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services, as specified. The bill would require an independent repair provider to provide a written notice to a customer before providing repair services, as specified.

• Current Status:

  • VETOED BY THE GOVERNOR ON 10/07/23.

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SB-353, Beverage containers: recycling. Senator Dodd (D-Napa). CPSC SUPPORT.

This bill would expand the application of the California Beverage Container Recycling and Litter Reduction Act to any size container of 100% fruit and any size container of vegetable juice, beginning January 1, 2024. Since the additional payments for the beverage containers that this bill would make subject to the act would be deposited in a continuously appropriated fund, the bill would make an appropriation. The bill would impose a state-mandated local program by creating new crimes under the act relating to the regulation of beverage containers. This bill would exempt beverage containers of 46 ounces or more of 100% fruit juice and beverage containers of 16 ounces or more of vegetable juice from consideration in calculating the required percentage of postconsumer recycled plastic for a beverage manufacturer until January 1, 2026.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/13/23.

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SB-622, Cannabis regulation: plant identification program: unique identifier. Senator Allen (D-Los Angeles). CPSC SUPPORT.

Existing law requires the Department of Cannabis Control to implement a unique identification program for cannabis and cannabis products and requires the program to include the identification of permitted cannabis plants at a cultivation site during the cultivation period. Existing law requires a unique identifier to be issued for each cannabis plant and to be attached at the base of each plant or as otherwise required by law or regulation. This bill would instead require the unique identifier to be recorded in a manner as determined by the department by regulation.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/08/23. 

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SB-665, Plastic waste: single-use plastics alternatives: working group. Senator Allen (D-Los Angeles). CPSC SUPPORT.

This bill would require the California Environmental Protection Agency, by January 1, 2025, to establish a working group of the above-referenced state entities that would establish a framework, by July 1, 2026, for evaluating novel plastic and plastic-alternative material types used to produce single-use products as they are developed, in order to inform state policy decisions designed to create a more sustainable and circular economy, as provided. The bill would require the working group to, among other things, develop recommendations related to novel material types, including the appropriate marketing and labeling of the material, the handling of the material at the end of its useful life, and how the material needs to be treated in relation to existing state policies, rules, and regulations. The bill would repeal these provisions on January 1, 2029.

• Current Status:

  • VETOED BY THE GOVERNOR ON 10/08/23.

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SB-777, Solid waste: reusable grocery bags and recycled paper bags. Senator Allen (D-Los Angeles). CPSC SUPPORT.

This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. The bill would require stores to submit an annual report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual reports. The bill would require that these provisions apply only to certain stores, as described.

• Current Status:

  • VETOED BY THE GOVERNOR ON 10/08/23.

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SB-806, Trash receptacles and storage containers: reflective markings: enforcement. Senator Archuleta (D-Los Angeles).

Existing law requires, commencing January 1, 2025, a manufacturer who sells or provides for compensation, and, commencing January 1, 2026, an owner of, a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side, as specified. Existing law provides that a violation of these requirements would result in a criminal infraction punishable by a fine, as specified. This bill would replace the criterion for a trash receptacle or storage container to be designed to be placed on a roadway or curb to be emptied or picked up with it being placed on a roadway or curb to be emptied or picked up. The bill would reduce the size of the required reflectors, change the required placement of the reflectors, and expand the types of reflectors that meet the requirement, as specified. The bill would authorize the Attorney General, or the district attorney or city attorney in the location where the violation is observed, to enforce a violation of the above-described provisions. The bill would create the Accident Prevention and Road Safety Fund and would require the fines collected to be deposited into this fund.

• Current Status:

  • SIGNED INTO LAW BY THE GOVERNOR ON 10/10/23.