BILL NUMBER: AB 258	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Krekorian

                        FEBRUARY 5, 2007

   An act to add Section 30237 to the Public Resources Code, and to
add Chapter 5.2 (commencing with Section 13367) to Division 7 of the
Water Code, relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 258, as introduced, Krekorian. Environment: marine debris:
plastic discharges.
   (1) Existing law, the California Coastal Act of 1976, provides for
the maintenance, enhancement, or restoration of the marine
environment, where feasible.
   This bill would require the State Coastal Commission, to the
extent feasible and within its existing resources: (1) to convene a
multiagency task force, consisting of specified representatives from
the commission, the Department of Fish and Game, the Department of
Conservation, the State Water Resources Control Board, the California
Integrated Waste Management Board, the Department of Boating and
Waterways, the State Coastal Conservancy, and the San Francisco Bay
Conservation and Development Commission, for the purpose of
implementing a statewide marine debris reduction effort; and (2) to
undertake certain actions, as specified. The bill would also make
various legislative findings regarding marine debris.
   (2) Under the Porter-Cologne Water Quality Control Act, the State
Water Resources Control Board and the California regional water
quality control boards are the principal state agencies with
authority over matters relating to water quality. The state board and
the regional boards prescribe waste discharge requirements for the
discharge of waste in accordance with the federal national pollutant
discharge elimination system (NPDES) permit program established by
the federal Clean Water Act and the Porter-Cologne Water Quality
Control Act. A person who discharges waste into the waters of the
state in violation of waste discharge requirements, or other order or
prohibition issued by a regional board or the state board, is
required upon the order of that regional board or the state board, to
clean up the waste or to abate the effects of the waste. The act
authorizes the state board or a regional board to issue a cleanup or
abatement order.
   This bill would require the state board and the regional boards,
by January 1, 2009, to implement a program for the control of
discharges of preproduction plastics, as defined, from point and
nonpoint sources, including waste discharge, monitoring, and
reporting requirements for all facilities handling preproduction
plastics and the implementation of best management practices for the
control of discharges of preproduction plastic by plastic
manufacturing, handling, and transportation facilities. The bill
would require the state board to establish a fee schedule sufficient
to pay for the costs of implementing the program.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The increasing problem of marine debris is harmful to the
marine resources, particularly sensitive species that ingest or
become entangled in floating debris.
   (b) Plastic is the most common type of marine debris, comprising
up to 90 percent of floating marine debris.
   (c) Plastics are especially harmful to the marine environment due
to their nondegradable qualities.
   (d) A coordinated effort among state agencies is necessary to
create a comprehensive response to reduce the harmful effects of
marine debris.
   (e) Increased control over industrial discharges will reduce the
amount of plastics entering the aquatic environment.
   (f) Eliminating marine debris from the world's oceans is a
universal goal for government, industry, businesses, and individuals.

  SEC. 2.  Section 30237 is added to the Public Resources Code, to
read:
   30237.  The commission shall, to the extent feasible and within
its existing resources, take actions it deems appropriate to address
the issue of marine debris, including, but not limited to, all of the
following:
   (a) Increase public awareness of the issue of marine debris
through public outreach and education.
   (b) Improve coordination and collaboration among public agencies,
including local governments, to reduce marine debris.
   (c) (1) Convene a multiagency task force for the purpose of
implementing a statewide marine debris reduction effort.
Representatives on the task force shall include the Executive
Director of the commission, or a designee; the Director of Fish and
Game, or a designee; the Director of Conservation; a member of, or
the Executive Director of, the State Water Resources Control Board as
determined by that board; a member of, or the Executive Director of,
the California Integrated Waste Management Board, as determined by
that board; the Director of Boating and Waterways; a member of, or
the Executive Officer of, the State Coastal Conservancy, as
determined by the conservancy; and a member of, or the Executive
Director of, the San Francisco Bay Conservation and Development
Commission, as determined by that commission.
   (2) Commencing in 2008, the task force shall submit a semiannual
written report to the Ocean Protection Council, summarizing all of
the progress made by public agencies and organizations in addressing
marine debris, and suggested actions to improve state efforts. The
report's findings and recommendations shall be presented to the Ocean
Protection Council as part of a noticed public meeting of the
council.
   (d) Seek funding from public and nongovernmental sources to
support actions that further the purpose of this section to reduce
the introduction of debris into the marine environment.
  SEC. 3.  Chapter 5.2 (commencing with Section 13367) is added to
Division 7 of the Water Code, to read:
      CHAPTER 5.2.  PLASTIC DEBRIS ERADICATION PROGRAM


   13367.  (a)  For purposes of this chapter, "preproduction plastic"
includes plastic pellets, plastic resin products, powdered coloring
for plastics, plastic additives, plastic materials, and plastic
fragments.
   (b) The state board and the regional boards shall implement a
program to control discharges of preproduction plastic from point and
nonpoint sources. The control measures shall, at a minimum, include
waste discharge, monitoring, and reporting requirements for all
facilities handling preproduction plastics.
   (c) The program shall, at a minimum, require plastic
manufacturing, handling, and transportation facilities to implement
best management practices to control discharges of preproduction
plastics. Nothing in this chapter limits the authority of the state
board and the regional boards to establish requirements in addition
to best management practices for the elimination of discharges of
preproduction plastic.
   (d) The state board and the regional boards shall establish and
implement a monitoring and reporting program designed to achieve zero
discharge of preproduction plastic from facilities handling
preproduction plastics.
   (e) The state board shall establish a fee schedule sufficient to
pay for the costs of implementing this chapter.
   (f) The state board and the regional boards shall implement this
chapter by January 1, 2009.