BILL ANALYSIS
AB 258
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Date of Hearing: May 16, 2007
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 258 (Krekorian) - As Amended: April 9, 2007
Policy Committee: Natural Resources
Vote: 6-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill establishes a comprehensive regulatory process to be
implemented by the State Water Resources Control Board (SWRCB)
for controlling the discharge of pre-production plastics (P3)
from manufacturing facilities and facilities at which these
plastics are transferred in order to reduce these plastics'
contribution to marine debris.
FISCAL EFFECT
1)Substantial one-time GF costs, in the range of $1.3 million in
2008-09, to the SWRCB to develop and implement the P3
discharge control procedures for affected facilities.
2)Moderate ongoing GF costs, in the range of $1 million starting
in 2008-09, to the SWRCB and regional water boards to
administer and enforce the P3 discharge control requirements.
These costs may be covered by revenue generated by fees the
board is authorized to impose.
SUMMARY CONTINUED
Specifically, this bill:
1)Requires the SWRCB and regional water boards, by January 1,
2009, to implement a program to control discharges of P3
(plastic pellets, plastic resin products, powdered coloring
for plastics, plastic additives and plastic fragments).
2)Requires control measures to include P3 waste discharge,
monitoring and reporting requirements at source facilities and
AB 258
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transfer facilities.
3)Requires manufacturers, handlers, and transportation
facilities to implement best management practices to control
P3 discharges that include:
a) Zero loss containment systems on all down-gradient storm
drains.
b) P3 transferred only in sealed watertight containers.
c) P3 stored in a manner that prevents discharge.
d) Capture devices must be installed under all loading and
unloading points.
e) A vacuum system for recapturing fugitive P3.
4)Requires the SWRCB to establish criteria for a "no exposure"
certification requirement for facilities operated under a
federal national pollutant discharge elimination system permit
that would allow these facilities to operate without
satisfying the requirements of #3 above.
COMMENTS
1)Rationale . The author contends that a large portion of marine
debris on the water and on coastal beaches is comprised of
plastic resin pellets, commonly known as "nurdles," plastic
powders, and production scrap. Since nurdles and other P3 are
items used in the production of other products, the author
contends P3 showing up in the marine environment and on
beaches is originating from facilities that produce P3 and
facilities that use P3 as a production component. By
establishing an SWRCB process to control and reduce the
discharge of P3 into storm drains at these facilities, the
author hopes to significantly reduce P3's contribution to
marine debris.
2)Operation Clean Sweep is a voluntary program developed by the
Society of the Plastics Industry and the American Plastics
Council to address problems associated with the release of P3
into the marine environment. The program developed best
management practices designed to reduce P3 discharges through
proper handling and cleanup. Facilities that have implemented
Operation Clean Sweep have significantly reduced P3 discharges
but, because the program is voluntary, many plastics
manufacturers and processors have chosen not to implement the
program
AB 258
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Analysis Prepared by : Steve Archibald / APPR. / (916)
319-2081