Amended in Senate April 20, 2015

Senate BillNo. 625


Introduced by Senator Galgiani

February 27, 2015


begin deleteAn act relating to waste management. end deletebegin insertAn act to add Chapter 5.9 (commencing with Section 42360) to Part 3 of Division 30 of the Public Resources Code, relating to waste management.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 625, as amended, Galgiani. begin deleteWater pollution: synthetic plastic microbeads. end deletebegin insertWaste management: synthetic plastic microbeads.end insert

begin insert

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Existing law prohibits the sale of expanded polystyrene packaging material by a wholesaler or manufacturer. Existing law prohibits a person from selling a plastic product in this state that is labeled with the term “compostable,” “home compostable,” or “marine degradable” unless, at the time of sale, the plastic product meets the applicable ASTM International standard specification.

end insert
begin insert

This bill would prohibit, on and after January 1, 2020, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing synthetic plastic microbeads, as specified. The bill would exempt from those prohibitions the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of synthetic plastic microbeads, as provided.

end insert
begin insert

The bill would make a violator liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General, to be retained by that office. The bill would make these moneys available to the office of the Attorney General, upon appropriation, for the purpose of enforcing these provisions. The bill would prohibit a city, county, or other local public agency from adopting, amending enforcing, or otherwise implementing an ordinance, resolution, regulation, or rule relating to the sale or offering for promotional purposes of personal care products that contain synthetic plastic microbeads.

end insert
begin delete

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified.

end delete
begin delete

This bill would declare the intent of the Legislature to enact legislation that would prevent water pollution from synthetic plastic microbeads.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 5.9 (commencing with Section 42360)
2is added to Part 3 of Division 30 of the end insert
begin insertPublic Resources Codeend insertbegin insert,
3to read:end insert

begin insert

4 

5Chapter  begin insert5.9.end insert Plastic Microbeads Nuisance Prevention
6Law
7

 

8

begin insert42360.end insert  

The Legislature finds and declares all of the following:

9(a) Conventional plastic does not biodegrade into elements or
10compounds commonly found in nature like other organic materials,
11but, instead, upon exposure to the elements photodegrades into
12smaller pieces of plastic causing land and water pollution that is
13virtually impossible to remediate.

14(b) Plastic pollution is the dominant type of anthropogenic
15debris found throughout the marine environment.

P3    1(c) Plastic pollution is an environmental and human health
2hazard and a public nuisance.

3(d) Personal care products such as facial scrubs, soaps, and
4toothpaste increasingly contain thousands of synthetic plastic
5microbeads, ranging from 50 - 500 microns, that are flushed down
6drains or make their way into the environment by other means as
7part of their intended use.

8(e) Some synthetic plastic microbeads are not recoverable
9through wastewater treatment facilities in the state and may be
10released into the environment.

11(f) Synthetic plastic microbeads have been found in surface
12waters within the United States, as well as in fish, marine
13mammals, and reptiles, and in the digestive and circulatory systems
14of mussels and worms.

15(g) There are economically feasible alternatives to synthetic
16plastic microbeads used in personal care products, as evidenced
17by the current use of biodegradable, natural, abrasive materials
18in personal care products such as beeswax, shells, nuts, and seeds.

19

begin insert42361.end insert  

As used in this chapter, the following terms have the
20following meanings:

21(a) “Person” means an individual, business, or other entity.

22(b) “Personal care product” means an article intended to be
23rubbed, poured, sprinkled, or sprayed on, introduced to, or
24otherwise applied to, the human body or any part of the human
25body for cleansing, beautifying, promoting attractiveness, or
26altering the appearance, and an article intended for use as a
27component of that type of article.

28(c) “Synthetic plastic microbead” means an intentionally added
29non-biodegradable solid plastic particle measuring five millimeters
30in size or less in every dimension, that retains its shape during use
31and after disposal, and that is used to exfoliate or cleanse in a
32rinse-off personal care product.

33

begin insert42362.end insert  

On and after January 1, 2020, a person shall not sell
34or offer for promotional purposes in this state any personal care
35product containing synthetic plastic microbeads.

36

begin insert42363.end insert  

Section 42362 shall not apply to a person that sells or
37offers for promotional purposes a personal care product containing
38synthetic plastic microbeads in less than 1 part per million (ppm)
39by weight.

P4    1

begin insert42364.end insert  

(a) A person who violates or threatens to violate
2Section 42362 may be enjoined in any court of competent
3jurisdiction.

4(b) (1) A person who has violated Section 42362 is liable for
5a civil penalty not to exceed two thousand five hundred dollars
6($2,500) per day for each violation in addition to any other penalty
7established by law. That civil penalty may be assessed and
8recovered in a civil action brought in any court of competent
9jurisdiction.

10(2) In assessing the amount of a civil penalty for a violation of
11this chapter, the court shall consider all of the following:

12(A) The nature and extent of the violation.

13(B) The number of, and severity of, the violations.

14(C) The economic effect of the penalty on the violator.

15(D) Whether the violator took good faith measures to comply
16with this chapter and when these measures were taken.

17(E) The deterrent effect that the imposition of the penalty would
18have on both the violator and the regulated community as a whole.

19(F) Any other factor that justice may require.

20(c) Actions pursuant to this section may be brought by the
21Attorney General in the name of the people of the state.

22(d) Civil penalties collected pursuant to this section shall be
23paid to the office of the Attorney General and are available to that
24office, upon appropriation by the Legislature, for the purpose of
25enforcing this chapter.

26

begin insert42365.end insert  

This chapter does not alter or diminish any legal
27obligation otherwise required in common law or by statute or
28regulation, and this chapter does not create or enlarge any defense
29in any action to enforce the legal obligation. Penalties and
30sanctions imposed pursuant to this chapter shall be in addition to
31any penalties or sanctions otherwise prescribed by law.

32

begin insert42366.end insert  

Commencing January 1, 2016, a city, county, or other
33local public agency shall not adopt, amend, enforce, or otherwise
34implement, a local ordinance, resolution, regulation, or rule
35relating to the sale or offering for promotional purposes of
36personal care products that contain synthetic plastic microbeads.

end insert
begin delete
P5    1

SECTION 1.  

It is the intent of the Legislature to enact
2legislation that would prevent water pollution from synthetic plastic
3microbeads.

end delete


O

    98