BILL NUMBER: AB 258	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 9, 2007
	AMENDED IN SENATE  JUNE 27, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Krekorian
   (Principal coauthor: Assembly Member Feuer)
   (Coauthors: Assembly Members Huffman, Karnette, and Portantino)

                        FEBRUARY 5, 2007

   An act to add Chapter 5.2 (commencing with Section 13367) to
Division 7 of the Water Code, relating to water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 258, as amended, Krekorian. Water quality: plastic discharges.
   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 from point and nonpoint sources,
including waste discharge, monitoring, and reporting requirements
that  ,  at a minimum, target facilities that handle
preproduction and nonpoint sources involved in the transfer of
preproduction plastic, and the implementation of specified minimum
best management practices for the control of discharges of
preproduction plastic. The state board would be required, when
developing the program, to consult with any regional board with
plastic manufacturing, handling, and transportation facilities
located within the regional board's jurisdiction that has already
voluntarily implemented a program to control discharges of
preproduction plastic. The state board would also be required to
establish criteria for submittal of the no exposure certification by
certain plastic manufacturing and processing facilities. A plastic
manufacturing and process facility that is given a no exposure
certification would not be required to implement any other best
management practices for the control of preproduction plastic, if all
manufacturing, loading, unloading, and storage activities occur
within the certified facility. The bill would require an entity that
manufactures, handles, distributes, or transports preproduction
plastic to apply for coverage under a specified stormwater discharge
permit, and would require the permit fees to be used by the state
board to implement the preproduction plastic requirements.
   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 can be harmful to
marine resources, particularly species that ingest or become
entangled in that debris.
   (b)  Thermoplastic resin pellets, plastic powders, and production
scrap can be mistaken as food by marine life.
   (c) Approximately 60 billion pounds of resin pellets are
manufactured annually in the United States alone.
   (d)  The presence of plastic resin pellets and other litter is not
unique to United States beaches and waters. Studies have shown
plastic resin pellets and other litter in the international marine
environment.
   (e)  Litter found on our beaches represents a threat to California'
s $46 billion ocean-dependent, tourism-oriented economy, and in
certain circumstances may pose a public health threat.
   (f) State and local agencies spend millions of dollars per year in
litter collection.
   (g) The majority of trash capture best management practices, such
as catch basin inserts, are not designed to capture resin pellets.
The typical mesh in a catch basin insert is five millimeters while
the diameter of resin pellets is one to two millimeters.
   (h) A coordinated effort among state agencies is necessary to
create a comprehensive response to reduce the presence of marine
debris litter.
   (i) Increased control over industrial discharges will reduce the
amount of plastics entering the aquatic environment.
   (j) Eliminating marine debris litter from the world's oceans is a
universal goal for government, industry, businesses, and individuals.

  SEC. 2.  Chapter 5.2 (commencing with Section 13367) is added to
Division 7 of the Water Code, to read:
      CHAPTER 5.2.  PREPRODUCTION PLASTIC DEBRIS PROGRAM


   13367.  (a)  For purposes of this chapter, "preproduction plastic"
includes plastic resin pellets, powdered coloring for plastics,
plastic additives, and plastic fragments.
   (b) (1) The state board and the regional boards shall implement a
program to control discharges of preproduction plastic from point and
nonpoint sources.
   (2) The state board, when developing this program, shall consult
with any regional board with plastic manufacturing, handling, and
transportation facilities located within the regional board's
jurisdiction that has already voluntarily implemented a program to
control discharges of preproduction plastic.
   (c) The program control measures shall, at a minimum, include
waste discharge, monitoring, and reporting requirements that target
facilities that handle preproduction plastic and nonpoint sources
involved in the transfer of preproduction plastics.
   (d) The program shall, at a minimum, require plastic
manufacturing, handling, and transportation facilities to implement
best management practices to control discharges of preproduction
plastics. A facility that handles preproduction plastic shall comply
with either subdivision (e) or the criteria established pursuant to
subdivision (f).
   (e) At a minimum, the state board shall require the following best
management practices:
   (1) Appropriate containment systems shall be installed at all
storm drains that are down-gradient of areas where preproduction
plastic is present or transferred. A facility shall install a
containment system that is defined as a device or series of devices
that traps all particles retained by a one millimeter mesh screen and
has a design treatment capacity of not less than the peak flowrate
resulting from a one-year, one-hour storm in the subdrainage area. In
a situation where the regional board determines that a one
millimeter or similar mesh screen is not appropriate, the regulated
facility and regional water board shall work collaboratively to
identify and implement technically feasible alternative storm drain
control measures that are designed to achieve the same performance as
a one millimeter mesh screen.
   (2) At all points of preproduction plastic transfer, measures
shall be taken to prevent discharge, including, but not limited to,
 completely  sealed containers durable enough so as
not to rupture under typical loading and unloading activities.
   (3) At all points of preproduction plastic storage, preproduction
plastic shall be stored in  completely  sealed
containers that are durable enough so as not to rupture under typical
loading and unloading activities.
   (4) At all points of storage and transfer of preproduction
plastic, capture devices shall be in place under all transfer valves
and devices used in loading, unloading, or other transfer of
preproduction plastic.
   (5) A facility shall make available to its employees a vacuum or
vacuum type system, for quick cleanup of fugitive preproduction
plastic.
   (f) The state board shall establish criteria for submittal for the
no exposure certification requirement by plastic manufacturing and
process facilities subject to the national pollutant discharge
elimination system permitting requirements pursuant to Section 122.26
of Title 40 of the Code of Federal Regulations and the no exposure
certification requirements pursuant to Section 122.26(g) of Title 40
of the Code of Federal Regulations.
   (1) The criteria shall include specific procedures, controls, and
best management practices necessary to achieve the zero discharge of
preproduction plastic from facilities manufacturing and processing
preproduction plastics.
   (2) The no exposure certification shall be required annually.
   (3) "No exposure" means that all industrial materials and
activities are protected by a  storm resistant  
storm-resistant  shelter to prevent exposure to rain, snow,
snowmelt, or runoff. Industrial materials and activities include, but
are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products,
byproducts, and final products, or waste products. Material handling
activities include storage, loading and unloading, transportation, or
conveyance, of a raw material, intermediate product, byproduct,
final product, or waste product.
   (g) If a plastic manufacturing and processing facility is given a
no exposure certification and all manufacturing, loading, unloading,
and storage activities occur within the certified no exposure
facility, the facility is not required to implement any other best
management practices for the control of preproduction plastic.
   (h) An entity that manufactures, handles, distributes, or
transports preproduction plastic shall be required to apply for
coverage under  the  a general permit for storm
water discharges associated with industrial activities. General
permit fees required pursuant to this section shall calculated in
accordance with Section 2200 of Title 23 of the California Code of
Regulations, and the revenue generated from the fees shall be used by
the state board to implement this chapter.
   (i) The state board and the regional boards shall implement this
chapter by January 1, 2009.
   (j) Nothing in this chapter limits the authority of the state
board or the regional boards to establish requirements in addition to
the best management practices for the elimination of discharges of
preproduction plastic.