BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 258
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2007-2008 Regular Session
                                           
           BILL NO:    AB 258
           AUTHOR:     Krekorian
           AMENDED:    July 9, 2007
           FISCAL:     Yes               HEARING DATE:     July 10, 2007
           URGENCY:    No                CONSULTANT:       Rachel Machi
            
           SUBJECT  :    WATER QUALITY: PLASTIC DISCHARGES

            SUMMARY  :    
           
            Existing law  :  

           1)Under the Marine Plastic Pollution Research and Control Act  
             of 1987 (Public Law 100-220, Title II), prohibits the at-sea  
             disposal of plastic and other solid materials for all  
             navigable waters within the United States.  The law also  
             requires the US Environmental Protection Agency (USEPA), the  
             National Oceanic and Atmospheric Administration, and the US  
             Coast Guard to jointly conduct a public education program on  
             the marine environment.

           2)Requires USEPA to develop a National Marine Debris  
             Monitoring Program designed to assess the effectiveness of  
             the current national marine debris legislation.  Monitoring  
             under this program takes place at designated beaches every  
             28 days.

           3)Under the California Beverage Container Recycling and Litter  
             Reduction Act of 1986, provides funding and education  
             programs to reduce beverage container litter.

           4)Under the Integrated Waste Management Act of 1989 (Act),  
             requires cities and counties to divert 50 percent of their  
             solid waste by 2000.  The Act provides various programs to  
             reduce litter and educate consumers about the importance of  
             recycling.

           5)Under the federal Clean Water Act, requires the state to  
             identify a list of impaired water-bodies and develop and  









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             implement Total Maximum Daily Loads (TMDLs) for impaired  
             water bodies.

           6)Under the Porter-Cologne Water Quality Control Act,  
             regulates discharges of pollutants in storm-water and urban  
             runoff by regulating, through the National Pollution  
             Discharge Elimination System (NPDES), industrial discharges  
             and discharges through the municipal storm drain systems of  
             communities with populations under 100,000 and communities  
             with greater than 100,000 and from 11 categories of  
             industrial activity.

            This bill  establishes a plastic debris eradication program to  
           reduce the amount of preproduction plastics entering the  
           marine environment by:
            
            1)Defining "preproduction plastic" as plastic resin pellets,  
             powdered coloring for plastics, plastic additives, plastic  
             materials, and plastic fragments. 

           2)Requiring the State Water Resources Control Board (SWRCB)  
             and regional water quality control boards (RWQCBs) to  
             implement a program to control discharges of preproduction  
             plastic by January 1, 2009. 

           3)Requiring SWRCB, in developing the program, to consult with  
             any RWQCB, with plastic manufacturing, handling, and  
             transportation facilities located within the RWQCB's  
             jurisdiction, which has already voluntarily implemented a  
             program to control discharges of preproduction plastic.

           4)Requiring SWRCB to establish criteria for the submittal of  
             the "no exposure certification" requirement for plastic  
             manufacturing and processing facilities subject to the NPDES  
             permitting requirements.  If a facility is granted  
             certification, the facility is not required to comply with  
             the Best Management Practices (BMPs) established pursuant to  
             this bill, unless required by SWRCB or a RWQCB.  

           5)Requiring entities that manufacture, handle, distribute or  
             transport preproduction plastic to apply for coverage under  
             a general permit for storm water discharges associated with  
             industrial activities and pay applicable permitting fees. 









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           COMMENTS  :

            1)Purpose of the bill  .  According to the author, approximately  
             60 billion pounds of preproduction plastic is manufactured  
             annually in the US.  These plastics are discharged into  
             waterways during transport, packaging, and processing when  
             proper housekeeping practices are not employed.  Because of  
             their small size, these materials are not generally captured  
             through traditional storm water catch basins.  

            2)Background  .  According to USEPA, marine debris has become a  
             problem along shorelines, coastal waters, estuaries, and  
             oceans throughout the world.  It is commonly defined as any  
             man-made, solid material that enters our waterways directly  
             or indirectly.  Objects ranging from detergent bottles,  
             plastic bags, paper cups, preproduction plastic, hazardous  
             medical wastes, cigarette butts and discarded fishing line  
             all qualify as marine debris.  In addition to being  
             unsightly, it poses a serious threat to everything with  
             which it comes into contact.  Marine debris can be life  
             threatening to marine organisms and can wreak havoc on  
             coastal communities and the fishing industry. 

             In general, there are two types of marine debris that  
             pollute our ocean and coastline in California.  The first is  
             from ocean sources, and includes waste discharged by ships,  
             recreational boaters and fishermen, and offshore oil and gas  
             exploration and production facilities.  The second, and by  
             far more environmentally destructive, type of marine debris  
             is from the land.  This type of debris includes stormwater  
             runoff, solid waste, floating structures, poorly maintained  
             garbage bins and dumps and is transmitted to the marine  
             environment by waterways.  Land based litter constitutes  
             nearly 80% of the marine debris found on our beaches and  
             oceans, and 90% of it is plastic. 

             When debris from the land reaches the beaches and ocean,  
             marine life is often threatened because they confuse the  
             debris for food.  Small pieces of preproduction plastic,  
             plastic cups, bags, and cigarette filters are often found in  
             the stomachs of fish, birds, whales, and other marine  
             creatures. 









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             Recent studies by the Algalita Marine Research Foundation  
             and the Southern California Coastal Water Research Project  
             have found that the average mass of plastics in the seawater  
             off the coast of Long Beach is two and a half times greater  
             than the average mass of plankton.  After storms with  
             excessive runoff, the mass of plastics is even greater.  A  
             similar study over seawater 1,000 miles west of San  
             Francisco found the mass of plastics was six times the mass  
             of plankton in drifts where marine animals congregate for  
             feeding on plankton.

           3)Total Maximum Daily Loads  .  According to USEPA, a TMDL is a  
             calculation of the maximum amount of a pollutant that a  
             waterbody can receive and still meet water quality  
             standards, and an allocation of that amount to the  
             pollutant's sources.  Water quality standards are  
             established by state and identify the uses for each  
             waterbody, for example, drinking water supply, contact  
             recreation (swimming), and fishing, and the scientific  
             criteria to support that use.  A TMDL is the sum of the  
             allowable loads a single pollutant from all contributing  
             point and nonpoint sources.  One of the smaller categories  
             of pollutants that affect TMDLs is "trash TMDLs" or  
             waterbodies that are considered to be impaired due to trash.  
              Under a consent decree, the USEPA must establish TMDLs for  
             trash in all impaired waters in the state.  TMDLs have  
             already been established by the Los Angeles RWQCB for the  
             Los Angeles River and the Ballona Creek Watershed, requiring  
             that the amount of trash be drastically reduced to protect  
             water and beneficial uses.

            4)Operation Clean Sweep  .  The plastics industry attempted to  
             address the release of preproduction plastics into the  
             marine environment by developing a voluntary program called  
             Operation Clean Sweep.  This program, developed by the  
             Society of Plastics Industry and the American Plastics  
             Council, developed BMPs to reduce discharges of  
             preproduction plastic through proper handling and cleanup.   
             Where implemented, Operation Clean Sweep has been shown to  
             reduce the release of preproduction plastic.  However,  
             because the program is voluntary and many plastic  
             manufacturers and processors have chosen not to implement  









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             its recommendations, AB 258 will put in place uniform  
             requirements that will better prevent preproduction plastics  
             from entering the marine environment.

            SOURCE  :        Heal the Bay, Environment California,  
                          Lieutenant Governor John Garamendi, San Diego  
                          Coastkeeper

            SUPPORT  :  Algalita Marine Research Foundation
                          Ballona Creek Renaissance
                                              Baykeeper          
                          California Animal Association
                          California Coastal Commission
                               California League of Conservation Voters
                          Californians Against Waste
                               Coastkeeper Alliance
                               Defenders of Wildlife
                          Environment California
                          John Garamendi, Lieutenant Governor 
                          Marin County Board of Supervisors
                          Newport Beach Chapter of Surfrider Foundation
                          Ocean Conservation Society
                          Planning and Conservation League
                          San Diego Coastkeeper 
                               Santa Monica Baykeeper
                          Sierra Club California
                          Surf Industry Manufacturers Association
                          World Centric
                          1 individual
            
           OPPOSITION  :    Stop Hidden Taxes Coalition