BILL ANALYSIS �
AB 521
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Date of Hearing: May 24, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 521 (Stone) - As Amended: May 7, 2013
Policy Committee: Natural
ResourcesVote:5-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill establishes a product stewardship program for plastic
products that pose a significant risk to the marine environment.
Specifically, this bill:
1)Requires CalRecycle, on or before June 1, 2014, in
coordination with the Ocean Protection Council (OPC) and the
State Water Resources Control Board (SWRCB), to adopt
regulations establishing the procedures, targets, goals and
alternative compliance process for the marine product
stewardship program as specified.
2)Requires CalRecycle, on or before July 1, 2014, in
consultation with OPC and SWRCB, to adopt a list of covered
items or categories of covered items that are the major
sources of marine plastic pollution in the state.
3)Authorizes CalRecycle to exclude any item that is already
subject to effective marine plastic pollution prevention
policies.
4)Requires CalRecycle to recover any costs associated with
reviewing and approving the plan by establishing a fee on the
producer or organization, as prescribed.
5)Authorizes CalRecycle to administer civil penalties for
violations of this chapter of up to $1,000 per violation per
day and up to $10,000 per violation per day for intentional,
knowing, or negligent violations.
6)Allows a producer to pay an alternative compliance fee to
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CalRecycle in lieu of submitting and implementing a plan.
Requires CalRecycle to set the fee, but specifies that the fee
cannot exceed the amount that the producer would expend in
developing and implementing a plan. Requires CalRecycle to
periodically revise the fee.
FISCAL EFFECT
1)Increased costs to CalRecyle to develop an unknown number of
individual product stewardship programs by regulation. Based
on previous product stewardship regulations, it is estimated
to cost between $400,000 and $500,00 per product.
2)This bill establishes an alternative compliance fee to allow
producers to pay to opt-out and shift the stewardship burden
to CalRecycle directly. It is not clear how CalRecycle would
determine the amount of the fees based on what the producer's
costs would have been for a plan design and implementation.
Producers may opt to pay a one-time fee rather than bear
responsibility for implementing a plan required collection
rates and significant penalties for violations.
3)Minor, absorbable costs to OPC and SWRCB for consultation.
COMMENTS
1)Purpose. According to the author, this bill will help reduce
the amount of plastic garbage that pollutes California
waterways and coastlines by establishing a new program to
prevent plastic pollution from reaching California's marine
environment. This program is designed to requirie producers
of the most prevalent items to be responsible for the
reduction of this pollution.
2)Background. Plastics are estimated to compose 60 to 80% of
all marine debris and 90% of all floating debris. According
to the California Coastal Commission, the primary source of
marine debris is urban runoff, to which lightweight plastic
bags and plastic film are particularly susceptible. Due to
the interplay of ocean currents, marine debris tends to
accumulate in certain areas of the ocean.
In 2008 the OPC released a report, the Implementation Strategy
to Reduce and Prevent Ocean Litter, which established four
broad objectives to reduce marine debris: a) reduce
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single-use packaging and promote sustainable alternatives; b)
prevent and control litter and plastic debris; c) cleanup and
remove ocean litter; and, d) coordinate with other
jurisdictions in the pacific region.
3)Product stewardship . According to the California Product
Stewardship Council,
product stewardship involves consumers, government agencies,
and product manufacturers sharing the responsibility of
reducing the impact of product waste on public health, the
environment, and the economy. Extended Producer
Responsibility (EPR) is a strategy to place a shared
responsibility for end-of-life product management on all
entities involved in the product chain, instead of the general
public, while encouraging product design changes that minimize
a negative impact on human health and the environment at every
stage of the product's lifecycle.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081