BillSecond TextRegular -Session AB-727Seventy-fourth ProductGeneral safety:Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.

cleaning24-0786.01 productsSarah Lozano x3858 SENATE BILL 24-081 SENATE SPONSORSHIP Cutter, HOUSE SPONSORSHIP Kipp and floorRutinel, sealersSenate orCommittees floorHouse finishes:Committees Business, Labor, & Technology A BILL FOR AN ACT C ONCERNING MEASURES TO INCREASE PROTECTIONS FROM PERFLUOROALKYL AND POLYFLUOROALKYL CHEMICALS .

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skipThis summary applies to contentthis homebill accessibilityas FAQintroduced feedbackand sitemapdoes loginnotreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill xpasses Quickthird Search:reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) CurrentlawprohibitsthesaleordistributionofclassBfirefighting foam that contains perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals).Section1ofthebill,onandafterJanuary1,2025,repealsthe exemption from the prohibition for gasoline distribution facilities, g refineries, and chemical plants.

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09/18/23Double -underlining Enrolleddenotes 09/08/23SENATE -amendment. Amended Senate 08/16/23 - Amended Senate 07/10/23 - Amended Senate 06/22/23 - Amended Senate 06/07/23 - Amended Senate 04/13/23 - Amended Assembly 04/11/23 - Amended Assembly 03/14/23 - Amended Assembly 02/13/23 - Introduced AB-727 Product safety:

cleaningE productsd andc floorCapital sealersletters or floorbold finishes:& italic numbers indicate new material to be added to existing law.

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Datee Published:M A certain product categories on and after certain dates if the products containintentionallyaddedPFASchemicals(productphaseouttimeline).

09/18/2023Current 09:00law PMexempts AB727:v90#DOCUMENTBillfrom Startthe Enrolleddefinition  September 18, 2023of Passed"product"  IN drugs, Senatemedical  September 12, 2023devices, Passedbiologics,  IN or Assemblydiagnostics  September 13, 2023(medical Amendedproducts)  IN approved Senateor  September 08, 2023authorized Amendedby  IN the Senatefederal  August 16, 2023food Amendedand  IN drug Senateadministration  July 10, 2023or Amendedthe  IN federal Senatedepartment  June 22, 2023of Amendedagriculture  IN (applicable Senatefederal  June 07, 2023agencies), Amendedbut  IN not Assemblymedical  April 13, 2023products Amendedcleared  IN by Assemblythe  April 11, 2023applicable Amendedfederal  IN agencies. Assembly  March 14, 2023 CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION Assembly Bill No.

727IntroducedThe bybill Assemblychanges Membercurrent WeberFebruary 13, 2023Anlaw actby: to add Chapter 17 (commencing with Section 109030) to Part 3 of Division 104 of the Health and Safety Code, relating to product safety.

LEGISLATIVE! COUNSEL'SClarifying DIGESTABthat 727,medical Weber.products cleared by the applicable federal agencies are also exempted from the definition of "product" (section 4);

Product! safety:On and after January 1, 2025, prohibiting the sale or distributionofcertainoutdoorapparelintendedforextreme or extended use in severe wet conditions (outdoor apparel forseverewetconditions)thatcontainsintentionallyadded PFAS chemicals unless the product is accompanied by a disclosure that states that the product contains PFAS chemicals (disclosure requirement) (section 5);

cleaning! productsOn and floorafter sealersJanuary 1, 2025, as part of the product phaseout timeline, banning the sale or floordistribution finishes:of cleaning products, cookware, dental floss, menstruation products, ski wax, and textile articles that contain intentionally added PFAS chemicals (section 5);

perfluoroalkyl! On and polyfluoroalkylafter substances.Existing law, beginning January 1, 2025,2028, prohibitsrepealing athe persondisclosure orrequirementandbanningthesaleordistributionofoutdoor entityapparelforseverewetconditionsthatcontainsintentionally from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains intentionally added perfluoroalkylPFAS andchemicals polyfluoroalkyl(section substances5); (PFAS), as defined.

Existing! lawOn similarlyand prohibits,after beginning January 1, 2025,2032, arepealing person from manufacturing, distributing, selling, or offering for sale in the stateproduct anyphaseout new,timeline not(section previously5) owned, textile articles that contain regulated PFAS, except as specified, and requiresprohibiting a manufacturer to use the leastsale toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.This bill, beginning January 1, 2026, would prohibit a person from manufacturing, selling, delivering, distributing, holding, or offeringdistribution forof saleany innonexempted the state a cleaning product that contains regulatedintentionally PFAS,added asPFAS specified.chemicals (section 6);

Theand bill,! beginningOn Januaryand 1,after 2028,July would1, prohibit2024, prohibiting a person from manufacturing,installing selling,artificial delivering,turf distributing,that holding,contains orintentionally offeringadded forPFAS salechemicals inon theany stateportion aof floorproperty sealerin orthe floorstate finish(section that6). contains regulated PFAS, as specified.

TheBe billit wouldenacted make a violation of these provisions punishable by athe civilGeneral penaltyAssembly notof to exceed $10,000 per day for each violation, upon an action brought by the AttorneyState General,of aColorado: city or county attorney, a county counsel, city prosecutor, or a district attorney.

TheSECTION1. bill would exempt treatments containing PFAS for use on converted textiles or leathers, as specified, from these provisions.Digest Key Vote:

MAJORITY  InColoradoRevisedStatutes,amend25-15-601as Appropriation:follows:

NO  25-15-601. Fiscal Committee:

YES  Short Localtitle. Program:

NO  BillThe TextTheshort peopletitle of thethis Statepart of6 California do enact as follows:SECTION 1. Chapter 17 (commencing with Section 109030) is addedthe to-2- Part081 3"Perfluoroalkyl of Division 104 of the Health and SafetyPolyfluoroalkyl Code,Chemicals toConsumer read:Protection Act".

CHAPTERSECTION  17. Cleaning2. Products Containing PFAS109030. For purposes of this chapter, the following definitions apply:(a) “Air care product” means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.

(b) “AutomotiveIn product”Colorado meansRevised aStatutes, chemically25-15-602, formulatedamend consumer(1) productintroductory labeledportion, to(1)(f) indicateintroductory thatportion, theand purpose(2) ofas thefollows: product is to clean, disinfect, maintain the appearance of, polish, protect, buff, condition, or otherwise care for a motor vehicle.

Automotive25-15-602. products include products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.

(c) “CleaningLegislative product”declaration. means a finishing product that is an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic, or institutional cleaning purposes, or a water vessel product.(d) (1) “Floor sealer” or “floor finish” means a chemically formulated industrial or institutional floor product that cures into a film upon application and is advertised for or labeled solely as a sealer, finish, or combination of sealer and finish.(2) A floor sealer is a product that provides the first layer of protection by filling gaps in uneven and porous surfaces and by creating a durable, polymeric coating with high chemical resistance and provides the base coat for floor finishes and helps floor finishes adhere to flooring.(3) A floor finish is a product that provides a protective surface layer that is the first line of defense against floor damage.(4) A product that is a combination of sealer and finish performs the functions described in both paragraphs (2) and (3).

(e) “General(1) cleaningThe product”general meansassembly aherebyfinds soap,and detergent,declares orthat: other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, sanitize, or otherwise care for any of the following:

(1) Fabric,(f) dishes,Ifthewidespreadsaleanddistributionofproductsthatcontain orintentionallyaddedPFASchemicalscontinueANDTHEINSTALLATIONOF otherARTIFICIAL wares.TURF THAT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS CONTINUE in the state:

(2) Surfaces,(2) including,The butgeneral notassembly limitedtherefore to,determines floors,and furniture,declares countertops,that showers,it oris baths.imperative for the health and safety of the state's residents to create a regulatory scheme that:

(3) Other(a) hardPhases surfaces,out suchthe assale stovetops,or microwaves,distribution of certain products and otherproduct appliances.categories in the state that containionally added PFAS chemicals;AND (b) P ROHIBITS THE INSTALLATION OF ARTIFICIAL TURF THAT CONTAINS INTENTIONALLY ADDED PFAS CHEMICALS .

(f) “IntentionallySECTION added3. PFAS” means PFAS that a manufacturer has intentionally added to a product or ingredient and that has a functional or technical effect in the product or ingredient.(g) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.(h) “Polish or floor maintenance product” means a chemically formulated consumer product, such as polish, wax, a stripper, or a restorer, labeled to indicate that the purpose of the product is to clean, disinfect, polish, protect, buff, condition, temporarily seal, strip, or maintain furniture, floors, metal, leather, or other surfaces.

PolishIn orColorado floorRevised maintenanceStatutes, products25-15-603, doamend not(20)(c);epeal include(6) treatmentsand containing(8); perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers.(i) “Treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on converted textiles or leathers” has the same meaning as provided in Section 69511.5 of Title 22 of the California Code of Regulations.

(j) “Waterand vesseladd product”(1.5), means(4)(c), a(16.5), chemically(16.7), formulated(23.5), consumerand product,(24.5) such as anfollows: all-purpose cleaner or wash, deck or nonskid surface cleaner, hull or bottom cleaner, product that descales or dissolves marine growth, wax, polish, or restorer, labeled to indicate that the purpose of the product is to maintain the appearance of, or otherwise care for, a water vessel.109031. (a) Commencing January 1, 2026, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale in commerce in this state a cleaning product containing any of the following:(1) Intentionally added PFAS.(2) PFAS in a product or ingredient at or above the following thresholds, as measured in total organic fluorine with documented quality control procedures and analytical validations:(A) Commencing January 1, 2026, 50 parts per million.(B) Commencing January 1, 2027, 25 parts per million.(C) Commencing January 1, 2028, 10 parts per million.

(b) Notwithstanding25-15-603. subdivision (a), commencing January 1, 2028, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale in commerce in this state a floor sealer or a floor finish containing any of the following:

(1) IntentionallyDefinitions-repeal.Asusedinthispart6,unlessthe addedcontext PFAS.(2) PFASotherwise inrequires: a product or ingredient at or above 10 parts per million, as measured in total organic fluorine with documented quality control procedures and analytical validations.(c) (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(1.5) civil"APPAREL"MEANS 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 chapter, the court shall consider 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.(d) Actions pursuant to 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.(e) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, county counsel, district attorney, or Attorney General, whichever office brought the action.(f) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law.

The(a) remediesCLOTHING providedITEMS inINTENDED thisFOR sectionREGULAR areWEAR cumulativeOR withFORMAL anyOCCASIONS other,INCLUDING remediesATHLETIC availableWEAR under,BIBS,BODYSUITS,COSTUMES any, otherDANCEWEAR law.(g) This,DIAPER,DRESSES,EVERYDAYSWIMWEAR sectionEVERYDAYWORK does-3- not081 applyUNIFORMS to,FOOTWEAR treatments,FORMALWEAR containing,LEGGINGS,LEISUREWEAR perfluoroalkyl,ONESIES, orOVERALLS polyfluoroalkyl,PANTS substances,SARIS,SCARVES, forSCHOOL useUNIFORMS on,SHIRTS,SKIRTS, convertedSPORTS textilesUNIFORMS or,SUITS,TOPS,UNDERGARMENTS leathers,,AND whichVESTS are;AND listed as a Priority Product by the Department of Toxic Substances Control pursuant to subdivision (b) ofO SectionUTDOOR 69511APPAREL of. Title 22 of the California Code of Regulations.(h) Notwithstanding any restrictions in subdivision (c) of Section 25218.11.5, this section does not impair the ability of a public agency, or its contractor, to distribute any cleaning products through a materials exchange program it operates as part of its household hazardous waste collection program pursuant to Section 25218.12.

6 (4) (c) "COOKWARE " DOES NOT INCLUDE FOOD EQUIPMENT INTENDED PRIMARILY FOR USE IN COMMERCIAL SETTINGS , INCLUDING FOOD EQUIPMENT SOLD TO A BUSINESS THAT HAS A RETAIL FOOD ESTABLISHMENT LICENSE .

(6) "Department"meanstheColoradodepartmentofpublichealth and environment.