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