BILL ANALYSIS Ó
AB 888
Page 1
Date of Hearing: April 13, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 888
(Bloom) - As Amended April 6, 2015
SUBJECT: Waste management: plastic microbeads
SUMMARY: Prohibits the sale of personal care products that
contain plastic microbeads on and after January 1, 2020.
EXISTING LAW:
1)Under the federal 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 (EPA), the
National Oceanic and Atmospheric Administration, and the US
Coast Guard to jointly conduct a public education program on
the marine environment.
2)Under 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.
3)Under the Porter Cologne Water Quality Control Act regulates
discharges of pollutants in storm water and urban runoff by
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regulating, through the National Pollution Discharge
Elimination System (NPDES), industrial discharges and
discharges through the municipal storm drain systems.
4)Establishes the Preproduction Plastic Debris Program, which
requires the State Water Resources Control Board (SWRCB) and
regional boards to develop a program that requires plastic
manufacturing, handling, and transportation facilities to
implement best management practices to control discharges of
preproduction plastic pellets. The program includes
inspections, stakeholder outreach efforts, and enforcement
activities.
THIS BILL:
1)Defines terms used in this bill, including:
a) "Personal care product" as an article to be applied to
the human body for cleansing, beautifying, promoting
attractiveness, or altering the appearance, and an article
intended for use as a component of such an article.
b) "Plastic microbead" as an intentionally added plastic
particle that that is five millimeters or less in all
dimensions.
c) "Person" as an individual, business, or other entity.
2)Beginning January 1, 2020, prohibits a person from selling or
offering for promotional purposes a personal care product that
contains plastic microbeads. Specifies that this provision
does not apply to products that contain plastic microbeads in
an amount less than one part per million or products
containing natural exfoliants.
3)Establishes enforcement provisions, including civil penalties
not to exceed $2,500 per day for each violation, as specified.
Authorizes the Attorney General, a district attorney, a city
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attorney, or a city prosecutor to enforce the requirements of
this bill.
4)Specifies that penalties collected be retained by the office
that brought the action.
5)States legislative findings and declarations relating to the
impacts of microplastics.
FISCAL EFFECT: Unknown; however, according to the Senate
Appropriations Committee, a similar bill last year (AB 1699) had
negligible state costs.
COMMENTS:
1)This bill. According to the author:
Microplastic beads are sold in consumer products as
abrasives and exfoliants (such as in soaps, facial scrubs,
etc.) In some products there are over 350,000 microbeads in
one tube alone. They are directly washed down the drain
and too small to be captured by water treatment facilities.
Recent studies have shown microbeads to be a pervasive
marine pollutant, and have been found in alarming
quantities everywhere from the garbage gyres in the Pacific
Ocean to the Great Lakes to the LA River. Research has
also shown that these beads absorb toxins and are being
ingested by marine life, posing a threat to our marine
ecosystems. Currently there is no law banning their use in
consumer products. While some larger companies such as
Unilever, Proctor & Gamble, and Johnson & Johnson have
pledged to phase microbeads out of their products and
replace them with natural alternatives, the proposed phase
out dates [are inconsistent] and in some cases are only 50%
by a certain date. [AB 888] would provide a hard phase out
date to ensure that plastic microbeads from personal care
products are no longer entering our waters.
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2)Plastic pollution. Plastic microbeads are small plastic
pellets that are added to personal care products as exfoliants
and abrasives. Unlike other forms of plastic pollution,
microbeads in personal care products are designed to be washed
down the drain. Wastewater treatment systems are not capable
of capturing these small particles, and they pass directly
into the state's waterways and eventually to the ocean.
Biodegradable alternatives that do not contribute to marine
debris exist and are widely used by some product
manufacturers, including ground apricot shells and cocoa
beans.
Plastic is the predominate form of marine debris. Plastics are
estimated to comprise 60-80% 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. Due to the interplay of ocean currents, marine
debris preferentially accumulates in certain areas throughout
the ocean. According to Eriksen et al. (2014), 24 expeditions
from 2007-2013 estimated that there is approximately 96,400
metric tons of floating plastic in the Northern Pacific Ocean.
The North Pacific Central Gyre is the ultimate destination for
much of the marine debris originating from the California
coast. A study by the Algalita Marine Research Foundation
found an average of more than 300,000 plastic pieces per
square mile of the Gyre and that the mass of plastic was six
times greater than zooplankton floating on the water's
surface.
Most plastic marine debris exists as small plastic particles.
Even large pieces of plastic break down into small particles
due to excessive UV radiation exposure and subsequent
photo-degradation. These plastic pieces are confused with
small fish, plankton, or krill and ingested by aquatic
organisms. Over 600 marine animal species have been
negatively affected by ingesting plastic worldwide. Last
month, scientists at the ARC Centre of Excellence for Coral
Reef Studies at James Cook University found that corals are
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also ingesting small plastic particles, which remain in their
small stomach cavities and impede their ability to consume and
digest normal food.
In addition to the physical impacts of plastic pollution,
hydrophobic chemicals present in the ocean in trace amounts
(e.g., from contaminated runoff and oil and chemical spills)
have an affinity for, and can bind to, plastic particles where
they enter and accumulate in the food chain.
In 2007, the OPC adopted a resolution on "reducing and
preventing marine debris." A year later, OPC released the
Implementation Strategy for the [OPC] Resolution to Reduce and
Prevent Ocean Litter, which established four broad objectives
to reduce marine debris: 1) Reduce single-use packaging and
promote sustainable alternatives; 2) Prevent and control
litter and plastic debris; 3) Clean up and remove ocean
litter; and, 4) Coordinate with other jurisdictions in the
pacific region.
3)Previous legislation. AB 1699 (Bloom) was introduced in 2014
and was substantially similar to AB 888. AB 1699 was held on
the Senate Inactive file.
4)Double referral. This bill is double referred to the
Environmental Safety and Toxic Materials Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
5 Gyres Institute
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7th Generation Advisors
Azul
Breast Cancer Fund
California Association of Sanitation Agencies (Sponsor)
California Coastkeeper Alliance
California League of Conservation Voters
Californians Against Waste
Campaign for Safe Cosmetics
Center for Biological Diversity
Central Contra Costa Sanitary District
Central Marin Sanitation Agency
City of Palo Alto
City of San Francisco
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Clean Water Action
Cleanups for Change
Community Environmental Council
Costa Mesa Sanitary District
Delta Diablo
East Bay Municipal Utility District
Environment California
Environmental Action Committee of West Marin
Environmental Working Group
Green Sangha
Heal the Bay
Health Care Without Harm
Hidden Resources
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Las Virgenes - Triunfo Joint Powers Authority
Los Angeles Waterkeeper
Napa Recycling & Waste Services
Natural Resources Defense Council
Ocean Conservancy
Plastic Pollution Coalition
Plastic Soup Foundation
Ross Valley Sanitary District No. 1
San Francisco Public Utilities Commission
San Francisco Water Power Sewer
Save Our Shores
Sierra Club California
Surfrider Foundation
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The Story of Stuff Project
Victor Valley Wastewater Reclamation Authority
Wildcoast
World Society for the Protection of Animals
Opposition
None on file
Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916)
319-2092