BILL ANALYSIS Ó
AB 888
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
888 (Bloom) - As Amended April 22, 2015
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|Policy |Natural Resources |Vote:|7 - 0 |
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| |Environmental Safety and Toxic | |6 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill prohibits the sale of personal care products
containing plastic microbeads on or after January 1, 2020.
Specifically, this bill:
AB 888
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1)Prohibits, on or after January 1, 2020, a person from selling
or offering for promotional purposes any personal care
products containing plastic microbeads that are used to
exfoliate or cleanse in a rinse-off product including but not
limited to toothpaste.
2)Defines personal care product as an article intended to be
rubbed, poured, sprinkled, or sprayed on, introduced to, or
otherwise applied to, the human body or any part thereof for
cleansing, beautifying, promoting attractiveness, or altering
the appearance, and an article intended for use as a component
of that type of article.
3)Specifies prescription drugs are not included in the
definition of personal care products.
4)Defines plastic microbeads as intentionally added solid
plastic particles measuring five millimeters or less in every
dimension.
5)Specifies that the prohibition does not apply to products
containing plastic microbeads in an amount of less than 1 part
per million (ppm) by weight and products containing natural
(nonplastic) exfoliants.
6)Provides that a person who violates or threatens to violate
the provisions of the bill may be enjoined in any court of
competent jurisdiction and is liable for a civil penalty not
to exceed $2,500 per day for each violation, as specified.
7)Authorizes the Attorney General, a district attorney, a city
attorney of a city having a population in excess of 750,000
persons, or a city prosecutor to enforce the provisions of the
AB 888
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bill. Requires the civil penalties collected to be retained by
the office of the city attorney, city prosecutor, district
attorney, or Attorney General, whichever office brought the
action.
FISCAL EFFECT:
Negligible state costs. This bill provides for enforcement
through civil penalities collected and retained by the enforcing
agency.
COMMENTS:
1)Rationale. According to the author, microplastic beads are
used in consumer products, such as soaps and facial scrubs as
abrasives and exfoliants. In some products there are over
350,000 microbeads in one tube alone. When washed directly
down the drain, the beads are too small to be captured by
water treatment facilities. Recent studies have shown
microbeads to be a pervasive marine pollutant, and have been
found 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. This
bill will ensure microplastic beads no longer enter the
waterways.
2)Background. According to the United States Environmental
Protection Agency (US EPA), marine debris is a serious problem
that impacts the environment, economy, and human health and
safety. Plastic pollution is the predominant type of
anthropogenic debris found in the marine environment.
Microplastics enter the marine environment as larger plastic
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objects that eventually degrade into smaller components, as
shed synthetic fibers from textiles during clothes washing, or
as microbeads that originate in personal care products.
3)Voluntary Efforts. Some larger companies such as Unilever,
Proctor & Gamble and Johnson & Johnson have removed or pledged
to phase-out microbeads from their products and replace them
with natural alternatives.
4)Related and Prior Legislation. SB 625 (Galgiani) prohibits,
on and after January 1, 2020, a person from selling or
offering for promotional purposes a personal care product
containing synthetic plastic microbeads; however, it includes
different definitions, different enforcement provisions, and a
state preemption provision. SB 625 is a two-year bill.
AB 1699 (Bloom, 2014) was substantially similar to AB 888. AB
1699 was held on the Senate Inactive file.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081
AB 888
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