BILL ANALYSIS �
AB 1699
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Date of Hearing: April 7, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1699 (Bloom) - As Amended: March 28, 2014
SUBJECT : Waste management: microplastics
SUMMARY : Prohibits the sale of "cleaning products or personal
care products" that contain very small plastic particles
(microplastic).
EXISTING LAW :
1)Under the federal Marine Plastic Pollution Research and
Control Act of 1987 (Public Law 100-220, Title II) prohibits
the at-sea disposal of plastic and other solid materials for
all navigable waters within the United States. The law also
requires the US Environmental Protection Agency (EPA), the
National Oceanic and Atmospheric Administration, and the US
Coast Guard to jointly conduct a public education program on
the marine environment.
2)Under the federal Clean Water Act requires the state to
identify a list of impaired water-bodies and develop and
implement Total Maximum Daily Loads (TMDLs) for impaired water
bodies.
3)Under the Porter Cologne Water Quality Control Act regulates
discharges of pollutants in storm water and urban runoff by
regulating, through the National Pollution Discharge
Elimination System (NPDES), industrial discharges and
discharges through the municipal storm drain systems.
4)Establishes the Preproduction Plastic Debris Program, which
requires the State Water Resources Control Board (SWRCB) and
regional boards to develop a program that requires plastic
manufacturing, handling, and transportation facilities to
implement best management practices to control discharges of
preproduction plastic pellets. The program includes
inspections, stakeholder outreach efforts, and enforcement
activities.
THIS BILL :
AB 1699
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1)Defines terms used in the bill, including:
a) "Cleaning products, personal care products, or both" as
mixtures and solutions used for bathing and cleaning,
including, but not limited to, hand and body soaps,
exfoliates, shampoos, toothpastes, and scrubs.
b) "Microplastic" as any plastic particles that are five
millimeters or less in all dimensions.
c) "Person" as an individual, trust, firm, joint stock
company, corporation, company, partnership, limited
liability company, or association; and, defines "person in
the course of doing business" as excluding any person
employing fewer than 10 employees and local, state, and
federal government entities.
2)Beginning January 1, 2016, prohibits a person in the course of
doing business from selling or offering for sale any cleaning
products, personal care products, or both that contain
microplastic. Specifies that this provision does not apply to
products that contain microplastic in an amount less than one
part per million.
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
the bill.
4)Requires the Department of Resources Recycling and Recovery
(CalRecycle) to administer and implement the bill's
requirements.
5)Establishes the Plastic Pollution Fund (Fund) in the State
Treasury, and authorizes CalRecycle, upon appropriation by the
Legislature, to expend the funds to implement and administer
the bill directly, by transferring funds, or by providing
grants to other state agencies, local governments, or other
entities deemed eligible by CalRecycle.
6)Specifies that 50 percent of all penalties collected be
deposited into the Fund and 50 percent paid to the office that
brought the action.
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FISCAL EFFECT : Unknown
COMMENTS :
Plastic pollution (aka, marine debris) : Plastics are estimated
to compose 60-80 percent of all marine debris and 90 percent of
all floating debris. Due to the interplay of ocean currents,
marine debris tends to accumulate in certain areas of the ocean.
The North Pacific Central Gyre is where much of the marine
debris originating in California ends up. This area of the
Pacific has been referred to as the "Garbage Patch" or the
"Pacific Trash Vortex" because of the significant quantities of
plastic that have accumulated there.
Preproduction plastic is the raw plastic resin pellets that are
molded into finished plastic products. These small pellets,
also called "nurdles," are generally one to five millimeters in
size, but can also be powder, granule, or flake. Preproduction
plastic are discharged into stormwater during improper handling.
Their small size makes them difficult to clean up and manage.
Prior to the state's Preproduction Plastic Debris Program, some
plastic manufacturing facilities were simply sweeping or hosing
spilled pellets into storm drains.
Microplastic, generally referred to microbeads by product
manufacturers, is small plastic pellets that are added to
personal care and cleaning products as exfoliants and abrasives.
Unlike other forms of plastic pollution, microplastic in
personal care and cleaning products are designed to be washed
down the drain. Wastewater treatment systems are not capable of
capturing these small particles, and they pass directly into the
state's waterways and eventually to the ocean. Biodegradable
alternatives that do not contribute to marine debris exist and
are widely used by some product manufacturers, including ground
apricot shells and cocoa beans.
Most plastic marine debris is comprised of very small plastic
particles. In addition to nurdles and other forms of small
plastic particles, larger plastic debris breaks down into
smaller and smaller pieces as it degrades. According to SWRCB,
research indicates that plastic in the ocean may never fully
degrade into naturally occurring compounds. These plastic
pieces resemble food to marine animals. Small pieces are
confused with small fish, plankton, or krill. Plastic bags can
be mistaken for jellyfish, especially by sea turtles. Plastic
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has been proven to negatively affect at least 663 animal species
worldwide, including all known species of sea turtles, half of
all marine mammal species, and one-fifth of all species of
seabirds.
In addition to the physical impacts of plastic pollution,
hydrophobic chemicals present in the ocean in trace amounts
(e.g., from contaminated runoff and oil and chemical spills)
have an affinity for, and bind to, plastic particles. These
chemicals include bisphenol A, dichlorodiphenyltrichloroethane
(DDT), and chemical flame retardants. The plastic particles are
consumed by marine animals where they enter and accumulate in
the food chain.
Double referral : This bill was double referred to the
Environmental Safety and Toxic Materials Committee.
Suggested amendments : The definition of "cleaning products,
personal care products, or both" is unclear as to whether it
includes general household cleaners or just bath and body care
products. The committee may wish to amend the bill to clarify
that the definition only applies to bath and body care products
and not household cleaners.
This bill requires CalRecycle to "implement and administer" the
bill's requirements and establishes the Fund to be used for this
purpose, including grants to nongovernmental organizations. It
is unclear what role CalRecycle would play in implementing the
bill, as the bill establishes clear requirements for
manufacturers and does not grant CalRecycle any authority for
enforcement. It is also unclear how much, if any, funding would
be available as it relies on penalty revenues. The committee
may wish to amend the bill to remove the requirement that
CalRecycle implement and administer the requirements of the bill
and the provision that creates the Fund. Rather than diverting
50 percent of penalty revenues to the Fund, the penalties would
be retained by the entity that brought the enforcement action.
REGISTERED SUPPORT / OPPOSITION :
Support
5 Gyres Institute
All One Ocean
California Association of Sanitation Agencies
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Californians Against Waste
Center for Biological Diversity
City of Los Angeles
Environment California
Heal the Bay
Los Angeles Waterkeeper
Natural Resources Defense Council
Plastic Free Seas
Plastic Pollution Coalition
Plastic Soup
Project Kaisei
San Louis Obispo Coastkeeper
Save Our Shores
Seventh Generation Advisors
Sierra Club California
Surfrider Foundation
Team Marine
Turtle Island Restoration Network
Opposition
Bay Bio
Biocom
CalChamber
California Healthcare Institute
California Manufacturers & Technology Association
California Retailers Association
Chemical Industry Council of California
Consumer Healthcare Products Association
Grocery Manufacturers Association
Personal Care Products Association
Western Plastics Association
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092