BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2409


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          Date of Hearing:  April 12, 2016


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          AB 2409  
          (Wagner) - As Introduced February 19, 2016


          SUBJECT:  Water quality standards:  trash:  single-use carryout  
          bags


          SUMMARY:  Invalidates the California Ocean Plan if the state's  
          ban on single use plastic bags is upheld at the 2016 statewide  
          general election.   Specifically, this bill:  


             1)   Renders the Water Quality Control Plan for California's  
               Ocean Waters to Control Trash and Part 1 Trash Provisions  
               of the Water Quality Control Plan for Inland Surface  
               Waters, Enclosed Bays, and Estuaries of California (ISWEBE  
               Plan) adopted by the State Water Resources Control Board  
               (State Water Board) inoperative unless Senate Bill (SB) 270  
               (Chapter 850, Statutes of 2014) becomes effective. 


             2)   Requires the State Water Board to revisit and revise the  
               aforementioned Water Quality Control Plan to address  
               impaired water quality due to trash if SB 270 is defeated  
               at the November 8, 2016, general election. 


          EXISTING LAW:  









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             1)   Prohibits certain retail stores from distributing  
               lightweight, single-use plastic bags after specified dates,  
               establishes requirements for reusable bags, and prohibits  
               stores from distributing reusable bags and recycled paper  
               bags for less than $0.10 per bag. (Public Resources Code  
               (PRC) § 42280, et seq.)

             2)   Requires, until 2020, an operator of a store to  
               establish an at-store recycling program that provides to  
               customers the opportunity to return clean plastic carryout  
               bags to that store. (PRC § 42250, et seq.)



             3)   Requires the Governor of a state or the water pollution  
               control agency of a state to, at least once every three  
               years, hold public hearings for the purpose of reviewing  
               applicable water quality standards and modifying and  
               adopting standards. (Section 303(c)(1) of the federal Clean  
               Water Act)



             4)   Requires the State Water Board to formulate and adopt a  
               water quality control plan for ocean waters of the state  
               known, as the California Ocean Plan, and requires review of  
               that plan every three years. (Water Code § 13170.2)

          FISCAL EFFECT:  Unknown. 


          COMMENTS:  


          Need for the bill: According to the author, "This bill slows  
          implementation of regulations adopted by the State Water  
          Resources Control Board, elements of which may be undone by the  
          voters in November 2016. It would cost California cities upwards  








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          of $1 billion to implement these regulations, and cities have  
          already begun expending resources. However, the regulations rely  
          heavily upon SB 270, the Plastic Bag Ban. A referendum on SB 270  
          was successfully placed on the November 2016 ballot that would  
          undermine, and perhaps render unconstitutional, the regulations.  
          This bill simply seeks to prohibit the implementation once the  
          fate of SB 270 is known. It does not address the merits of the  
          passed regulations. It would simply prohibit implementation if  
          the referendum is successful."





          Senate Bill 270: In 2014, the Legislature approved and the  
          Governor enacted SB 270 (Chapter 850, Statutes of 2014), which  
          prohibits stores from making single-use carryout bags available  
          at the point of sale according to specific time frames (January  
          1, 2015 for grocery stores and large retailers; July 1, 2016 for  
          convenience food stores and food marts). The bill also  
          authorizes stores to make reusable grocery bags, defined as  
          being capable of use 125 times or more, or recycled paper bags  
          available at the point of sale for not less than $0.10.

          When signing SB 270, Governor Brown stated, "This bill is a step  
          in the right direction - it reduces the torrent of plastic  
          polluting our beaches, parks and even the vast ocean itself."

          Referendum: On February 24, 2015, the California Secretary of  
          State announced the qualification of a ballot measure to repeal  
          California's statewide plastic bag ban established pursuant to  
          SB 270. More than 800,000 signatures of California voters were  
          submitted by The American Progressive Bag Alliance, the industry  
          group that led the referendum on behalf of plastic bag  
          manufacturers and recyclers. 

          The referendum will be on the November 8, 2016, general election  
          ballot. If successful, the referendum will overturn and  
          invalidate the provisions of SB 270. 








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          Problem with trash: According to the State Water Board, there  
          are 73 water bodies in California listed as having impaired  
          water quality due to the presence of large amounts of trash.  
          Trash discarded on land is frequently transported through storm  
          drains to waterways and the ocean.





          The State Water Board's mandate is to protect beneficial uses of  
          the state's water resources, and trash threatens virtually all  
          of those uses. Aquatic and marine life can be threatened from  
          ingestion, entanglement, and habitat degradation from trash.  
          Trash can jeopardize public health and safety and poses a  
          hindrance to recreational, navigational, and commercial  
          activities. Additionally, trash can serve as a transport medium  
          for pollutants and act as a vector for invasive species.



          California trash policy: The California Ocean Plan was adopted  
          by the State Water Board in 1972 and amended in 1978, 1983,  
          1988, 1990, 1997, and 2001. The State Water Board is responsible  
          for reviewing the Ocean Plan water quality standards and for  
          modifying and adopting standards in accordance with the federal  
          Clean Water Act and the California Water Code.

          On April 7, 2015, the State Water Board approved an Amendment to  
          the Ocean Plan to Control Trash and the ISWEBE Plan. Together,  
          they are collectively termed as 'the Trash Amendments'. The  
          project objective for the Trash Amendments is to provide  
          statewide consistency for the State Water Board's regulatory  
          approach to protect aquatic life and public health beneficial  
          uses, and reduce environmental issues associated with trash in  
          state waters, while focusing limited resources on high trash  
          generating areas. These Trash Amendments will address all water  








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          bodies in the state currently listed as "impaired" due to the  
          presence of trash.



          The Trash Amendments amend the Ocean Plan and will be  
          incorporated into the ISWEBE Plan to do the following: 





                 Establish a narrative water quality objective for trash;
                 Establish a prohibition on the discharge of trash;


                 Provide implementation requirements for permitted storm  
               water and other dischargers; 


                 Set a time schedule for compliance; and,


                 Provide a framework for monitoring and reporting  
               requirements. 



          Now that the Trash Amendments are adopted, they will be  
          submitted to both the California Office of Administrative Law  
          and the U.S. Environmental Protection Agency for approval in  
          order to become effective. Once effective, the Trash Amendments  
          outline a time schedule for the State Water Boards to implement  
          the Trash Amendments. This includes an 18-month window to  
          incorporate the Trash Amendments into permits.


          Is AB 2409 the best approach for reducing plastic in the  
          environment? Every year Californians use billions of plastic  








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          grocery bags, many of which become litter and clog our waterways  
          and beaches, and they knowingly cause deleterious impacts to the  
          environment and wildlife. SB 270 compliments the goals of the  
          Trash Amendments and supports the goals of the state to reduce  
          plastic detritus in our environment. If SB 270 is overturned,  
          that will underscore the need to implement the Trash Amendments,  
          which will prevent pollution - including plastic bags - from  
          contaminating our water ways. Therefore, it may not make sense  
          to leverage the enactment of the Trash Amendments on the success  
          or failure of SB 270. 

          Related legislation: AB 1454 (Wagner, 2015) contained identical  
          language to AB 2409. It was referred to Assembly Water, Parks &  
          Wildlife Committee, but never set for a hearing. 


          REGISTERED SUPPORT / OPPOSITION:




          Support




          Association of California Cities-Orange County 




          Opposition


          California Coastkeeper Alliance


          California Coastal Protection Network









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          California League of Conservation Voters


          Californians Against Waste


          The Center for Oceanic Awareness, Research, and Education  
          (COARE) 


          Clean Water Action 


          Green Sangha


          Heal the Bay 


          Natural Resources Defense Council 


          Ocean Conservancy


          Plastic Pollution Coalition 


          Save The Bay 


          Seventh Generation Advisors 


          Sierra Club California


          Surfrider Foundation 








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          Analysis Prepared by:Paige Brokaw / E.S. & T.M. / (916) 319-3965