Amended in Senate August 19, 2014

Amended in Senate August 4, 2014

Amended in Senate June 19, 2014

Amended in Assembly May 20, 2014

Amended in Assembly May 12, 2014

Amended in Assembly April 22, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1699

Introduced by Assembly Member Bloom

( begin delete Coauthors: Assembly Members Nestande and end delete begin insert Coauthor: Assembly Member end insert Stone)

February 13, 2014

An 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.

LEGISLATIVE COUNSEL’S DIGEST

AB 1699, as amended, Bloom. Waste management: begin insert synthetic end insert plastic microbeads.

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 American Society for Testing and Materials standard specification.

This bill would prohibit, after January 1, 2019, a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing begin insert synthetic end insert plastic microbeads, as begin delete specified. end delete begin insert specified, unless the personal care product is an over-the-counter drug, and would prohibit a person, after January 1, 2020, from selling or offering a personal care product containing synthetic plastic microbeads, including a personal care product that is an over-the-counter drug. end insert The bill would exempt from begin delete this prohibition end delete begin insert those prohibitions end insert the sale or promotional offer of a product containing less than 1 part per million (ppm) by weight of begin insert synthetic end insert plastic microbeads, as provided.

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 or local officials, as provided. The bill would require the civil penalties collected in an action brought pursuant to the act to be retained by the office of the Attorney General or local official who brought the action.

The bill would declare that its provisions occupy the whole field of regulation of begin insert the sale or offering for promotional purposes of personal care products containing synthetic end insert plastic begin delete microbeads and would end delete begin insert microbeads. The bill would end insert prohibit a city, county, or other local public agency, on or after January 1, 2019, from adopting, enforcing, or otherwise implementing, an ordinance, resolution, regulation, or rule, or any amendment thereto, relating to begin insert the sale or offering for promotional purposes of personal care products that are not over-the-counter drugs and that contain synthetic end insert plastic microbeads, begin insert and would prohibit a city, county, or other local public agency from taking similar actions, on or after January 1, 2020, relating to the sale or offering for promotional purposes of personal care products, including, but not limited to, over-the-counter drugs, that contain synthetic plastic microbeads, end insert except as expressly authorized.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Chapter 5.9 (commencing with Section 42360)
is added to Part 3 of Division 30 of the Public Resources Code, to
read:

 

Chapter  5.9. begin insert Synthetic end insert Plastic Microbeads Nuisance
Prevention Law

 

42360.  

The Legislature finds and declares all of the following:

(a) Plastic does not biodegrade like other organic materials, but,
upon exposure to the elements, photodegrades into smaller pieces,
causing land and water pollution that is virtually impossible to
remediate.

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

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

(d) Consumer personal care products such as facial scrubs,
soaps, and toothpaste increasingly contain thousands of begin insert synthetic end insert
plastic microbead particles, ranging from 50 to 500 microns, which
are flushed down drains as part of their intended use.

(e)  begin delete Plastic end delete begin insert Synthetic plastic end insert microbeads in personal care products
are not recoverable through ordinary wastewater treatment and so
are released into the environment.

(f)  begin delete Plastic end delete begin insert Synthetic plastic end insert microbeads of the size found in
personal care products are ingested by marine organisms.

(g)  begin delete Plastic end delete begin insert Synthetic plastic end insert microbeads attract other pollutants
commonly present in the environment, many of which are
recognized to have serious deleterious impacts on human health
or the environment, including DDT, DDE, PCBs, and flame
retardants.

(h)  begin delete Plastic end delete begin insert Synthetic plastic end insert microbeads have been found in
surface waters within the United States, as well as in fish, marine
mammals, and reptiles, and in the digestive and circulatory systems
of mussels and worms.

(i) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue
during digestion and bioaccumulate, resulting in liver damage.

(j) Fish that humans consume have been found to ingest begin insert synthetic end insert
plastic microbeads.

(k) There are many biodegradable, natural alternatives to
begin insert synthe end insert begin insert tic end insert plastic microbeads that are economically feasible, as
evidenced by their current use in some consumer personal care
products.

42361.  

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

begin insert

(a) “Over-the-counter drug” has the same meaning as defined
in subdivision (d) of Section 110286 of the Health and Safety Code.

end insert begin delete

(a)

end delete

begin insert (b) end insert  “Person” means an individual, business, or other entity.

begin delete

(b)

end delete

begin insert (c) end insert  (1) “Personal care product” means an article that is 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, begin delete and that may end delete begin insert to end insert be rinsed begin delete off, end delete begin insert off in normal use
conditions, end insert including an article intended for use as a component
of such an article.

(2) “Personal care product” does not include a prescription drug,
as defined in Section 110010.2 of the Health and Safety Code.

begin delete

(c) “Plastic microbead”

end delete

begin insert (d) end insert begin insert   end insert begin insert “Synthetic plastic microbead” end insert means an intentionally added
begin delete plastic end delete particle begin insert of non-water-soluble plastic end insert measuring five
millimeters or less in size in every dimension.

42362.  

begin insert (a) end insert begin insert   end insert On or after January 1, 2019, a person shall not sell
or offer for promotional purposes in this state any personal care
products containing begin insert synthetic end insert plastic begin delete microbeads. end delete begin insert microbeads,
unless the personal care product is an over-the-counter drug. end insert

begin insert

(b) On or after January 1, 2020, a person shall not sell or offer
for promotional purposes in this state a personal care product
that contains synthetic plastic microbeads, including, but not
limited to, a personal care product that is an over-the-counter
drug.

end insert

42363.  

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

42364.  

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

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

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

(A) The nature and extent of the violation.

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

(C) The economic effect of the penalty on the person.

(D) Whether the person took good faith measures to comply
with this chapter and the time these measures were taken.

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

(F) Any other factor that justice may require.

(c) Actions pursuant to this section may be brought by the
Attorney General in the name of the people of the state, by a district
attorney, by a city attorney of a city having a population in excess
of 750,000 persons, or, with the consent of the district attorney,
by a city prosecutor in a city or city and county having a full-time
city prosecutor.

42367.  

The civil penalties collected pursuant to Section 42364
shall be retained by the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought
the action.

42368.  

(a) This chapter does not alter or diminish any legal
obligation otherwise required in common law or by statute or
regulation, and this chapter does not create or enlarge any defense
in any action to enforce the legal obligation. Penalties and sanctions
imposed under this chapter shall be in addition to any penalties or
sanctions otherwise prescribed by law.

(b) This chapter addresses a matter of statewide interest and
concern and is applicable uniformly throughout the state.
Accordingly, this chapter occupies the whole field of regulation
of begin delete plastic microbeads, end delete begin insert the sale or offering for promotional purposes
of personal care products containing synthetic plastic microbeads end insert
except as provided in subdivision (a).

(c) On and after January 1, 2019, a city, county, or other local
public agency shall not adopt, enforce, or otherwise implement,
an ordinance, resolution, regulation, or rule, or any amendment
thereto, relating to begin insert the sale or offering for promotional purposes
of personal care products that are not over-the-counter drugs and
that contain synthetic end insert plastic microbeads, except as expressly
authorized by this chapter.

begin insert

(d) On and after January 1, 2020, a city, county, or other local
public agency shall not adopt, enforce, or otherwise implement,
an ordinance, resolution, regulation, or rule, or any amendment
thereto, relating to the sale or offering for promotional purposes
of personal care products, including, but not limited to,
over-the-counter drugs, that contain synthetic plastic microbeads,
except as expressly authorized by this chapter.

end insert