BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 888|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 888
          Author:   Bloom (D)
          Amended:  9/3/15 in Senate
          Vote:     21  

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  5-1, 6/17/15
           AYES:  Wieckowski, Hill, Jackson, Leno, Pavley
           NOES:  Bates
           NO VOTE RECORDED:  Gaines

           SENATE JUDICIARY COMMITTEE:  4-1, 6/30/15
           AYES:  Jackson, Leno, Monning, Wieckowski
           NOES:  Anderson
           NO VOTE RECORDED:  Moorlach, Hertzberg

           SENATE FLOOR:  19-16, 9/3/15 (FAIL)
           AYES:  Allen, Beall, Block, De León, Hall, Hancock, Hill,  
            Hueso, Jackson, Lara, Leno, Liu, McGuire, Mendoza, Mitchell,  
            Monning, Pavley, Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Cannella, Gaines, Hernandez,  
            Huff, Leyva, Moorlach, Morrell, Nguyen, Nielsen, Roth, Runner,  
            Stone, Vidak
           NO VOTE RECORDED:  Fuller, Galgiani, Glazer, Hertzberg, Pan

           ASSEMBLY FLOOR:  59-12, 5/22/15 - See last page for vote

           SUBJECT:   Waste management: plastic microbeads


          SOURCE:    Author
            
          DIGEST:   This bill prohibits the sale of personal care products  
          that contain plastic microbeads on and after January 1, 2020.  








                                                                     AB 888  
                                                                    Page  2



          Senate Amendments taken 9/3/15 remove 1) references to natural  
          exfoliants and 2) the alternative assessment process by which  
          Department of Toxic Substances Control (DTSC)  may evaluate  
          alternative plastic microbeads and alternatives to plastic  
          microbeads.

          Senate Floor Amendments of 9/1/15 authorize an alternative  
          analysis process by which the DTSC may evaluate alternative  
          plastic microbeads and alternatives to plastic microbeads.
          
          ANALYSIS: 
          
          Existing federal law:  

          1)Prohibits, under the Marine Plastic Pollution Research and  
            Control Act of 1987, all ships from disposing of plastic and  
            other solid materials in navigable waters within the United  
            States (33 U.S.C. §1901 et seq.).

          2)Requires the National Oceanic and Atmospheric Administration,  
            United States Environmental Protection Agency (US EPA), Coast  
            Guard, Navy, and other agencies to identify, determine sources  
            of, assess, prevent, reduce, and remove marine debris (33  
            U.S.C. §1951 et seq.).

          Existing state law:

          1)Regulates, under the Porter Cologne Water Quality Control Act,  
            the discharge of pollutants in stormwater and urban runoff  
            (WAT §13000 et seq.).

          2)Prohibits the release of preproduction plastic pellets to the  
            environment that could enter state waters (WAT §13367).

          3)Prohibits the sale of expanded polystyrene loose fill  
            packaging material by a wholesaler or manufacturer (PRC  
            §42390).

          This bill:  

          1)Defines terms used in this bill, including: 

             a)   "Personal care product" as an article to be applied to  







                                                                     AB 888  
                                                                    Page  3


               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, but  
               excludes prescription drugs.  

             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)Prohibits, beginning January 1, 2020, a person from selling or  
            offering for promotional purposes a personal care product  
            containing plastic microbeads that is used to exfoliate or  
            cleanse in a rinse-off product.  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  
            attorney, or a city prosecutor to enforce the requirements of  
            this bill.  

          Background
          
          1)Plastics:  Use, Environmental Presence and Impact.  Since the  
            beginning of commercial production of plastics 80 years ago,  
            plastic has become a common component of daily living.  The  
            annual global plastic production has risen from 1.9 million  
            tons in the 1950s to 317 million tons in 2012.  In addition,  
            some of the properties that make plastics a versatile material  
            also make them convenient to discard.

          Although plastic represents a relatively small fraction of the  
            overall waste stream in California, plastic waste is the  
            predominate form of marine debris.  Plastics are estimated to  
            compose 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.  The North  
            Pacific Central Gyre is the ultimate destination for much of  







                                                                     AB 888  
                                                                    Page  4


            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. 

          2)Development of Microbeads.  Microbeads are small, typically  
            spherical, plastic particles that commonly range in size from  
            50 to 500 microns (1 meter has 1 million microns).  Microbeads  
            were introduced in personal care products as a uniform,  
            nonallergenic exfoliant.  Prior to the widespread use of  
            microbeads in the 1990s, natural exfoliants such as ground  
            almonds, oatmeal, and sea salt were common.  Today, over 100  
            cosmetics and personal care products contain microbeads, and  
            according to 5 Gyres Institute, some products contain over  
            350,000 microbeads in one tube.

          When used as intended, microbeads are designed to enter  
            municipal sewer systems for disposal.  Many sewer systems are  
            unable to remove microbeads during the water treatment  
            process, resulting in the general release of microbeads into  
            state waters.  Microbeads enter the environment with similar  
            physical properties to the small plastic particles that result  
            from degradation of plastic in the environment.

          3)Microbeads as Environmental Contaminants.  In studying plastic  
            pollution in the Great Lakes in 2012, researchers from 5 Gyres  
            Institute and State University of New York College at Fredonia  
            found significant levels of microplastic particles throughout  
            the lakes.  58% of all identified pellets were microbeads, and  
            further evaluation linked these particles to personal care  
            products.  Of particular concern were samples found in Lake  
            Erie in a location downstream from Detroit, Cleveland, and  
            Erie, where concentrations of microplastics rival those found  
            in ocean gyres (over 450,000 plastic pieces per square  
            kilometer).

          Earlier this year, research by the 5 Gyres Institute found  
            microbeads in the Los Angeles River.

          4)Efforts to Address Microplastics Usage.  In light of the  
            environmental concerns associated with microplastics, and the  
            discovery of high concentrations of microbeads in various  
            water systems, there has been mounting pressure to remove  







                                                                     AB 888  
                                                                    Page  5


            plastic microbeads from commercial products.

          Related/Prior Legislation

          AB 1699 (Bloom, 2014) would have prohibited the sale of  
          microbead containing products in California as specified.  

          AB 1699 passed the Senate Environmental Quality on a vote of 5-2  
          but failed passage on the Senate Floor on a vote of 20-14.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          SUPPORT:  (Verified 9/4/15)

          Californians Against Waste  (co-source)
          California Association of Sanitation Agencies (co-source)
          Clean Water Action (co-source)
          The Story of Stuff Project (co-source)
          5 Gyres Institute (co-source)
          ACURE
          As You Sow
          Aroma Naturals
          Azul
          Breast Cancer Fund
          California Coastal Commission
          California Coastkeeper Alliance
          California League of Conservation Voters
          California State Lands Commission
          Campaign for Safe Cosmetics
          Center for Biological Diversity
          Center for Environmental Health
          Center for Oceanic Awareness, Research and Education 
          City of Los Angeles, Mayor Eric Garcetti
          City of Los Angeles, Councilmember Paul Koretz
          City and County of San Francisco
          ChicoBag
          Clean Oceans Competition
          Cleanups For Change
          Coachella Valley Water District 
          Community Environmental Council
          County Sanitation Districts of Los Angeles
          Defenders of Wildlife
          Environment California







                                                                     AB 888  
                                                                    Page  6


          Environmental Action Committee of West Marin
          Environmental Working Group
          Green Sangha
          Green Science Policy Institute
          Heal the Bay
          Health Care Without Harm
          Hidden Resources
          Klean Kanteen
          Los Angeles Waterkeeper
          Lunch Skins, by 3 Green Moms
          LUSH Cosmetics 
          Manduka
          Mango Materials
          Monterey Bay Aquarium
          Napa Recycling and Waste Services 
          Natural Resources Defense Council
          Ocean Conservancy
          Physicians for Social Responsibility, SF Bay Chapter 
          Plastic Pollution Coalition
          Plastic Soup Foundation
          Preserve
          San Francisco Bay Keeper
          San Francisco Department of the Environment
          Save Our Shores
          Save The Bay 
          Sea Turtles Forever
          Seventh Generation Advisors
          Sierra Club California
          Surfrider Foundation
          Team Marine, Santa Monica High School
          Turtle Island Restoration Network
          UPSTREAM
          WeTap
          Wildcoast
          World Centric
          World Society for the Protection of Animals
          1 Individual

          OPPOSITION:  (Verified 9/4/15)

          Advanced Medical Technology Association 
          Biocom
          California Chamber of Commerce
          California Life Sciences Association







                                                                     AB 888  
                                                                    Page  7


          California Healthcare Products Association
          California Manufacturers & Technology Association
          California Retailers Association
          Chemical Industry Council of California
          Grocery Manufacturers Association
          Henkel Consumer Goods, Inc.
          International Fragrance Association North America
          Johnson & Johnson
          Micro Powders, Inc.
          National Federation of Independent Business
          Proctor & Gamble
          Reckitt Benckiser

          ARGUMENTS IN SUPPORT:    The California Association of  
          Sanitation Agencies (CASA) writes that "Pollution prevention and  
          source control are significant concerns for our member agencies.  
           Plastic pollution is a prolific problem in California, and  
          plastic microbeads in particular are very difficult to filter  
          out during the typical wastewater treatment processes.  Thus,  
          microbeads that are flushed down drains as part of their  
          intended use can be discharged into California waterways and  
          released into the environment? The best way to ensure that these  
          pollutants are not discharged to California waterways is to  
          prohibit their introduction to the wastewater stream on the  
          front end."

          A coalition of about 40 public health and environmental  
          organizations writes, "Studies indicate that plastic microbeads  
          attract and absorb toxins from the surrounding waters and can  
          leach toxic additives (that give microbeads their defined shape  
          and performance attributes) into the aquatic environment.  They  
          are also mistaken for food by wildlife, including fish that  
          humans eat.  Once ingested, the toxins accumulate in the tissues  
          of organisms and move their way up the food chain, creating a  
          threat both to natural ecosystems and human health? AB 888 is  
          regarded among stakeholders as the model policy that will not  
          only result in a cleaner environment, but also reduce hazards to  
          both humans as well as marine and aquatic wildlife."

          ARGUMENTS IN OPPOSITION:  A coalition of eight industry trade  
          associations writes, "Last year, similar legislation was moved  
          out of the Assembly as a "work in progress" as all parties were  
          very close to agreement. Unfortunately, changes made in the  
          Senate ultimately made the bill unworkable for the industry and  







                                                                     AB 888  
                                                                    Page  8


          we had no choice but to oppose on the Senate Floor. AB 888 is  
          equally problematic, as its scope goes beyond a ban of plastic  
          microbeads in personal care products and would create a legal  
          quagmire, leaving the interpretations of the definitions and  
          what is covered up to the courts?

          "As you may know, the State of Illinois reached a reasonable  
          framework for legislation to address this issue in June 2014.   
          The Illinois legislation was ultimately included in the Council  
          of State Governments (CSG) "Suggested State Legislation" to help  
          shape future policy on this issue.  Since that time, similar  
          legislation has been enacted in Colorado, Maine and New Jersey.   
          Specifically, the CSG legislation bans the manufacture of  
          personal care products and over-the-counter medications that  
          contain non-biodegradable solid plastic microbeads that are used  
          to exfoliate or cleanse in a rinse-off product."



          ASSEMBLY FLOOR:  59-12, 5/22/15


          AYES:  Achadjian, Baker, Bloom, Bonilla, Bonta, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley,  
            Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Mullin, Nazarian, Obernolte, Perea, Quirk,  
            Rendon, Ridley-Thomas, Santiago, Mark Stone, Thurmond, Ting,  
            Wilk, Williams, Wood, Atkins
          NOES:  Travis Allen, Bigelow, Brough, Chávez, Beth Gaines,  
            Gallagher, Grove, Harper, Jones, Patterson, Steinorth, Wagner
          NO VOTE RECORDED:  Alejo, Frazier, Melendez, O'Donnell, Olsen,  
            Rodriguez, Salas, Waldron, Weber

          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          9/4/15 10:02:28


                                   ****  END  ****


          







                                                                     AB 888  
                                                                    Page  9