Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 521

Introduced by Assembly begin delete Members Hueso and end delete begin insert Member end insert Stone

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(Principal coauthor: Senator Hueso)

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February 20, 2013

begin delete An act relating to solid waste. end delete begin insert An act to add Chapter 20.5 (commencing with Section 42985) to Part 3 of Division 30 of the Public Resources Code, relating to recycling. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 521, as amended, begin delete Hueso end delete   begin insert Stone end insert . begin delete Solid waste: plastic. end delete begin insert Recycling: marine plastic pollution. end insert

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, requires every rigid plastic packaging container, as defined, sold or offered for sale in this state to generally meet one of specified criteria.

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This bill would declare the intention of the Legislature to enact legislation that would create the Plastic Pollution Reduction Producer Responsibility Act to significantly reduce plastic pollution in the marine environment and require producers of those products to be financially responsible for this reduction.

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This bill would require the department, by June 1, 2014, in coordination with the Ocean Protection Council and the State Water Resources Control Board, to adopt regulations to implement the bill. The department would be required, by July 1, 2014, in consultation with the council and the state water board, to adopt a list that specifies those items, or categories of items, that the department finds are the major sources of marine plastic pollution and, therefore, would be a covered item for purposes of the bill.

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The department would be required to notify the producer of a covered item, and no later than 6 months after receiving that notification, the producer of that covered item would be required to design and submit to the department a plan to reduce the producer’s proportion of the marine plastic pollution caused by that covered item for review and approval by the department. The bill would require the plan to specify the measures to meet the marine plastic pollution reduction targets that the producer of the covered item would be required to achieve, as specified in the regulations. The department would be required to recover the cost of reviewing and approving the marine plastic pollution reduction plan by requiring the producer to pay a fee to the department, which the department would be required to set in an amount equivalent to the department’s costs of implementing the bill. The bill would establish the Marine Plastic Pollution Prevention Subaccount in the Integrated Waste Management Fund, would require the department to deposit the fees into that subaccount, and would authorize the department to expend those fees, upon appropriation by the Legislature, to cover the department’s costs to implement the bill.

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The bill would authorize the department to impose a civil penalty administratively on a producer that is in violation of the bill. The bill would establish the Marine Plastic Pollution Penalty Subaccount in the Integrated Waste Management Fund, and would require the collected civil penalties to be deposited in the Marine Plastic Pollution Penalty Subaccount for expenditure by the department, upon appropriation by the Legislature, to cover the department’s costs to enforce the bill.

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The bill would authorize a producer, in lieu of submitting a marine plastic pollution reduction plan to the department, to voluntarily elect to pay an alternative compliance fee to the department, which the department would be required to set in a specified amount. The department would be required to deposit the alternative compliance fees in the Marine Plastic Pollution Fund, which the bill would establish in the State Treasury. The department would be authorized to expend the moneys in the fund, upon appropriation by the Legislature, in a specified manner, for innovative product design for the covered item and for recovery, collection, and recycling programs to prevent the marine plastic pollution caused by the covered item.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Chapter 20.5 (commencing with Section 42985)
is added to Part 3 of Division 30 of the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

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Chapter   begin insert 20.5. end insert Marine Plastic Pollution

 

Article begin insert 1. end insert   Definitions

 

begin insert 42985. end insert   

For purposes of this chapter, the following terms have
the following meanings:

(a) “Council” means the Ocean Protection Council.

(b) “Covered item” means a source of marine plastic pollution
listed by the department pursuant to Section 42985.2.

(c) “Marine plastic pollution” means plastic that is found in
rivers, streams, riparian habitats, beaches, and the marine
environment.

(d) “Producer” means one of the following:

(1) A person that manufactures a covered item and sells, offers
for sale, distributes, or uses that covered item in a commercial
enterprise under the person’s own brand.

(2) If there is no person that meets the conditions of paragraph
(1) with regard to that covered item, the producer is the owner or
licensee of a trademark under which the covered item is sold,
distributed, or used in a commercial enterprise in the state, whether
or not the trademark is registered.

(3) If there is no person that meets the conditions of paragraphs
(1) or (2) with regard to that covered item, the producer is the
person that imports the covered item into the state for sale,
distribution, or use in a commercial enterprise.

 

Article begin insert 2. end insert   Covered Items

 

begin insert 42985.1. end insert   

(a) On or before June 1, 2014, the department, in
coordination with the council and the state water board, shall
adopt regulations for the implementation of this chapter.

(b) The regulations shall include, but are not limited to,
procedures for the identification and listing of categories of
covered items, requirements for the contents, review, and approval
of marine plastic pollution reduction plans submitted pursuant to
Article 3 (commencing with Section 42985.5), and procedures for
the calculation of the amount and collection of the alternative
compliance fee specified in Article 4 (commencing with Section
42985.8).

(c) (1) The regulations shall establish marine plastic pollution
reduction targets for a producer of a covered item to achieve in
implementing a marine plastic pollution reduction plan.

(2) In establishing those targets, the department shall determine
the proportion of pollution reduction of a covered item in the state
that each producer is required to achieve based, in part, on the
producer’s total sales of the covered item in the state.

(3) In setting the reduction targets, the department shall use as
its goals an overall reduction in the amount of marine plastic
pollution from land-based sources by 75 percent in the year 2020
and 95 percent by 2025, as compared to the amount on June 1,
2014.

begin insert 42985.2. end insert   

(a) On or before July 1, 2014, the department shall,
in consultation with the council and the state water board, adopt
a list that specifies those items, or categories of items, that the
department finds are the major sources of marine plastic pollution
in the state. An item that is listed pursuant to this section is a
covered item for purposes of this chapter.

(b) The department shall adopt the list specified in subdivision
(a) using the best data that is available as of July 1, 2014, and is
not required to conduct any additional studies or research for
purposes of adopting that list.

(c) The department may exclude an item from the list adopted
pursuant to this section if the department determines the item is
subject to effective marine plastic pollution prevention policies.

(d) The department may revise the list adopted pursuant to
subdivision (a) as additional studies or research are made
available to the department.

begin insert 42985.3. end insert   

The department shall notify the producer of a covered
item listed pursuant to Section 42985.2 in accordance with the
regulations adopted by the department.

 

Article begin insert 3. end insert   Marine Plastic Pollution Reduction Plan

 

begin insert 42985.5. end insert   

Except as provided in Article 4 (commencing with
Section 42985.8), no later than six months after receiving a
notification pursuant to Section 42985.3, the producer of that
covered item shall design and submit to the department a plan to
reduce the marine plastic pollution caused by that covered item,
which shall include both of the following:

(a) Measures to meet the producer’s marine plastic pollution
reduction targets, as calculated pursuant to the regulations adopted
pursuant to Section 42985.1, which shall include utilization of
innovative product design, the recovery, collection, or recycling
of the covered item, or any one or combination of these measures.

(b) Measures for monitoring and reporting on the progress
made towards the marine plastic pollution reduction targets
specified in the regulations.

begin insert 42985.6. end insert   

(a) The department, in consultation with the council
and the state water board, shall review the marine plastic pollution
reduction plan required to be prepared pursuant to Section 42985.5
and shall determine if it is complete. If the department determines
the plan is complete, the plan shall be deemed approved by the
department. If the department determines the plan is not complete,
the department may require the marine plastic pollution reduction
plan to be revised, pursuant to the regulations adopted by the
department.

(b) The department shall recover the cost of reviewing and
approving the marine plastic pollution reduction plan by requiring
a producer to pay a fee to the department. The department shall
set the fee in an amount equivalent to the department’s costs of
implementing this chapter, with regard to that producer.

(c) The Marine Plastic Pollution Prevention Subaccount is
hereby established in the Integrated Waste Management Fund.
The department shall deposit the fees collected pursuant to this
section into the Marine Plastic Pollution Prevention Subaccount
and may expend those fees, upon appropriation by the Legislature,
to cover the department’s costs to implement this chapter.

(d) The department shall periodically review the progress of a
producer in implementing, and meeting the targets specified in,
the producer’s marine plastic pollution reduction plan.

begin insert 42985.7. end insert   

(a) A civil penalty of up to the following amounts
may be administratively imposed by the department on a producer
who is in violation of this chapter:

(1) One thousand dollars ($1,000) per day.

(2) Ten thousand dollars ($10,000) per day if the violation is
intentional, knowing, or negligent.

(b) The Marine Plastic Pollution Penalty Subaccount is hereby
established in the Integrated Waste Management Fund.

(c) All civil penalties collected pursuant to this chapter shall
be deposited in the Marine Plastic Pollution Penalty Subaccount
and may be expended by the department, upon appropriation by
the Legislature, to cover the department’s costs to enforce this
chapter.

 

Article begin insert 4. end insert   Alternative Compliance Program

 

begin insert 42985.8. end insert   

(a) In lieu of submitting a marine plastic pollution
reduction plan to the department pursuant to Article 3
(commencing with Section 42985.5), a producer may voluntarily
elect to pay an alternative compliance fee to the department.

(b) The department shall set the amount of the alternative
compliance fee in the regulations adopted pursuant to Section
42985.2, which shall be no greater than the amount that the
producer would expend in complying with the requirements of
Article 3 (commencing with Section 42985.5).

(c) The department shall deposit the alternative compliance
fees in the Marine Plastic Pollution Fund, which is hereby
established in the State Treasury. The department may expend the
moneys in the fund, upon appropriation by the Legislature, for
both of the following purposes, in the manner specified in
subdivision (d):

(1) Innovative product design for the covered item.

(2) Recovery, collection, and recycling programs to prevent
marine plastic pollution caused by the covered item.

(d) The department may expend the funds in the Marine Plastic
Pollution Fund by directly expending those funds, by transferring
those funds to other state agencies, or by providing grants to local
governments or other entities deemed eligible by the department,
including, but not limited to, nongovernmental organizations and
conservation corps.

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SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The health of California’s ocean and coastline is increasingly
threatened by the persistent influx of plastic pollution on our shores
and into our ocean. Plastic marine pollution is hurting California’s
environment and economy.

(b) The vast majority of litter in California’s coast and ocean
comes from land-based sources, and it is well documented from
more than 25 years of coastal cleanup data that up to 80 percent
of this litter is plastic.

(c) A 2012 study by the Convention on Biological Diversity
found that 663 marine species have been impacted by marine litter
through entanglement and ingestion, which is a two-thirds increase
in species from a similar study in 1998.

(d) In 2012, Region 9 of the federal Environmental Protection
Agency estimated California’s coastal cities and counties spend
more than four hundred eighteen million dollars ($418,000,000)
each year to combat litter and curtail marine debris.

(e) The global production and consumption of plastic, especially
single use plastic products, is on the rise.

(f) Existing federal and state laws designed to combat marine
litter are failing to keep plastic pollution from entering the ocean
and harming marine wildlife and coastal economies.

(g) Of the many plastic materials that pollute the ocean,
single-use plastic items are some of the worst offenders. While
used briefly on land, these items contain plastic that persists
indefinitely in the marine environment.

(h) A new approach is needed in California to reduce the impacts
of single-use plastic products on California’s environment and
economy.

SEC. 2.  

It is the intent of the Legislature to enact legislation
that would create the Plastic Pollution Reduction Producer
Responsibility Act to do all of the following:

(a) Protect California’s coasts and oceans by significantly
reducing plastic pollution in the marine environment and requiring
producers of those products to be financially responsible for the
reduction.

(b) Reduce the financial burden on local governments, taxpayers,
and California regional water quality control boards in
implementing key marine plastic pollution prevention infrastructure
and activities.

(c) Support California’s economy by shifting the financial
burden to those responsible for marine plastic pollution and by
providing resources for local infrastructure projects.

(d) Conduct ongoing monitoring to show measurable reduction
of plastic pollution in the marine environment and to better
understand the sources, pathways, and impacts of marine plastic
pollution.

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