BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 258|
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THIRD READING
Bill No: AB 258
Author: Krekorian (D), et al
Amended: 8/27/07 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 7/10/07
AYES: Simitian, Florez, Kuehl, Lowenthal, Steinberg
NOES: Runner, Aanestad
SENATE APPROPRIATIONS COMMITTEE : 9-7, 08/30/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Battin, Dutton, Runner,
Wyland
NO VOTE RECORDED: Simitian
ASSEMBLY FLOOR : 44-35, 6/5/07 - See last page for vote
SUBJECT : Water quality: plastic discharges
SOURCE : Heal the Bay
Environment California
Lieutenant Governor John Garamendi
San Diego CoastKeeper
DIGEST : This bill establishes the Preproduction Plastic
Debris Program under the Stat Water Resources Control Board
to reduce the amount of preproduction plastics entering the
marine environment.
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ANALYSIS : 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 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.
Existing law 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.
The California Beverage Container Recycling and Litter
Reduction Act of 1986, provides funding and education
programs to reduce beverage container litter.
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.
The federal Clean Water Act, requires the state to identify
a list of impaired water-bodies and develop and implement
Total Maximum Daily Loads (TMDLs) for impaired water
bodies.
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:
1.Defines "preproduction plastic" as plastic resin pellets
and powdered coloring for plastics.
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2.Requires the SWRCB and RWQCBs 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 plastic
manufacturing, handling, and transportation facilities,
and the implementation of specified minimum best
management practices for the control of discharges of
preproduction plastic.
3.Requires the SWRCB to determine the appropriate
regulatory methods to address the discharges form point
and nonpoint sources.
4.Requires 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.
Background
According to US Environmental Protection Agency, 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
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maintained garbage bins and dumps and is transmitted to the
marine environment by waterways. Land based litter
constitutes nearly 80 percent of the marine debris found on
our beaches and oceans, and 90 percent 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.
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.
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.
Operation Clean Sweep . The plastics industry attempted to
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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
its recommendations, AB 258 will put in place uniform
requirements that will better prevent preproduction
plastics from entering the marine environment.
Comments
According to the author's office, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10
Fund
Reissue General Industrial $65 $65
Special*
Permit
Review, Process & Issue $91 $78
Special*
Notices of Intent
Non-exposure certifications/ $156 $299
Special*
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Notice of Non-applicability
Review Annual Reports $520 $520
Special*
Inspections and enforcement $408 $2,042$2,042
Special*
Contracts $137 $87 $87
Special*
Implementation (general) $130 $293 $293
Special*
*Waste Discharge Permit Fund, funded through fees.
According to the Senate Appropriations Committee analysis,
SWRCB estimates that there are approximately 2,700 plastics
facilities statewide, but that only a few (no more than
one-third) of these facilities are currently enrolled under
the general industrial permit.
The current fee for facilities enrolled under the General
Industrial storm Water Permit is $700 per year. SERCB does
not have a current fee for no exposure, but for the
purposes of providing staff with an estimate for this bill,
used $200 per year. SERCB estimates that statewide costs
to implement this bill includes seven positions in the
first year, 20.25 position in the second year and seven and
one-quarter position annually thereafter. The costs
include re-issuance of the general industrial storm water
permit with expanded coverage to include all preproduction
plastics facilities or issuance of a separate general
permit for plastics facilities, development of no-exposure
criteria, enrollment of facilities in the program,
inspections, and enforcement. Contract costs will amount
to $137,000 in the first year, and $162,000 in subsequent
years, this accounts for database development, student
assistance, travel to complete inspections, and possible
judicial enforcement through the Attorney General's Office.
SUPPORT : (Verified 8/31/07)
Heal the Bay (co-source)
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Environment California (co-source)
Lieutenant Governor John Garamendi (co-source)
San Diego CoastKeeper (co-source)
Algalita Marine Research Foundation
American Chemistry Council
Ballona Creek Renaissance
Baykeeper
California Animal Association
California Coastal Coalition (coastal cities and counties)
California Coastal Commission
California League of Conservation Voters
Californians Against Waste
City of Los Angeles
Coastkeeper Alliance
Defenders of Wildlife
Earth Resource Foundation
Environment California
Marin County Board of Supervisors
National Oceanic and Atmospheric Administration
National Resources Defense Council
Newport Beach Chapter of Surfrider Foundation
Ocean Conservation Society
Planning and Conservation League
San Diego Coastkeeper
San Diego Surfrider Foundation
Santa Monica Baykeeper
Sierra Club California
Stop Waste ORG
Surf Industry Manufacturers Association
World Centric
OPPOSITION : (Verified 8/31/07)
Stop Hidden Tax Coalition
ARGUMENTS IN SUPPORT : According to the author's office,
"The world's oceans are being inundated with marine debris.
The vast majority of marine debris comes from land-based
sources, especially by way of stormwater run-off.
"Research indicates that as much as 90 percent of floating
marine debris is plastic. In fact, scientists estimate
that in large areas of the central Pacific Ocean, hundreds
of miles from land, there is six times more plastic than
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plankton. Right now, over 45,000 pieces of plastic are
floating on every square mile of ocean.
"We have all seen the evidence on our beaches - the bottles
and caps, six pack rings, food containers and so on that
defile our precious coastline. But there is a less obvious
but far more ubiquitous type of plastic debris in the form
of small -preproduction plastic pellets like these. Know
in industry as "nurdles," these pellets can be the size of
BBs or even smaller, and they are the basic component used
in the fabrication of most plastic products - from milk
bottles to medical devices - from plastic wrap to cell
phones. In the United States alone, 60 billion pounds of
these pellets are manufactured every year.
"To give you some sense of the magnitude of this problem,
in a recent study of Orange County beaches, over 90% of the
plastic debris found consisted of nurdles.
"Despite the somewhat silly name, nurdles aren't just an
aesthetic annoyance -- they are deadly. Once pellets
enter the marine environment, birds, turtles and fish
commonly mistake them for food. Often, these animals can't
digest the pellets nor pass them, and they eventually die
from starvation."
The author's office contends that, "Responsible businesses
in the plastics industry has recognized the degree of the
problem and developed a series of best practices to prevent
the discharge of nurdles into the environment. While some
manufacturers have implemented these practices voluntarily,
there are many bad actors out there who still carelessly
allow the release of these deadly plastic pellets into our
waterways, competing unfairly and profiting at the expense
of the oceans.
"The author's office contends that this bill "will address
California's plastic run-off problem by borrowing from the
successful best practices that are already known and used
in the industry. This bill will simply require all
manufacturers of plastic products to use basic common sense
housekeeping principles to control the discharge of
nurdles. It evens the playing field of competition while
protecting the oceans from irreparable harm.
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"The best practices required under AB 258 will include
common sense measures like installing screens in storm
drains to prevent pellet flow into storm water runoff,
keeping pellet containers covered and sealed at all points
of storage and transfer, and having vacuum systems in place
for pellet clean-up.
"The State Water Board and Regional Water Quality Boards
will develop a program that will increase regulation and
monitoring of companies that handle and use pellets. And,
should non-compliant bad actors continue to pollute,
penalties will be consistent with other violations of the
Clean Water Act.
"Scientists and policy makers have long recognized the need
to control pellet runoff. Even the plastics industry
understands this to be a huge problem. With AB 258,
California will be taking a crucial step toward saving the
ocean from plastic marine debris."
ARGUMENTS IN OPPOSITION : According to the Stop Hidden
Taxes Coalition, "The Stopped Hidden Taxes Coalition is in
opposition to AB 258 (Krekorian), which would authorize the
State Water Quality Control Board to impose a Sinclair fee
(tax) for the cost of regulating the disposition of
pre-production plastics into a marine environment.
Pre-production plastics include plastic pellets, plastic
resin products, powdered coloring for plastics, plastic
additives, plastic materials and plastic fragments.
According to the Coalition, "In the past five years, the
California Legislature and local governments have tried to
impose more than s$7 billion in new taxes while avoiding
constitutional approval requirements for tax increases.
The strategy is to disguise taxes as mere regulatory "fees"
in order to avoid the public debate and rigorous vote
requirement that voters have repeatedly demanded before
taxes are raised.
"The threat of hidden taxes enacted by end-runs around the
State Constitution is becoming acute for businesses and
consumers in California. New tax-like fees increase the
cost of doing business and threaten jobs that are already
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vulnerable because of high operating costs in the state.
For this reason, a coalition of business and consumers has
formed to raise public awareness and oppose efforts to
disguise taxes as fees."
ASSEMBLY FLOOR :
AYES: Bass, Beall, Berg, Brownley, Caballero, Charles
Calderon, Carter, Coto, Davis, De La Torre, De Leon,
DeSaulnier, Dymally, Eng, Evans, Feuer, Fuentes, Hancock,
Hayashi, Hernandez, Huffman, Jones, Karnette, Krekorian,
Laird, Leno, Levine, Lieber, Lieu, Ma, Mendoza, Mullin,
Nava, Portantino, Price, Richardson, Ruskin, Salas,
Saldana, Solorio, Swanson, Torrico, Wolk, Nunez
NOES: Adams, Aghazarian, Anderson, Arambula, Benoit,
Berryhill, Blakeslee, Cook, DeVore, Duvall, Emmerson,
Fuller, Gaines, Galgiani, Garcia, Garrick, Horton,
Houston, Huff, Jeffries, Keene, La Malfa, Maze,
Nakanishi, Niello, Parra, Plescia, Sharon Runner, Silva,
Smyth, Spitzer, Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Soto
TSM:do 9/1/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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