BILL ANALYSIS �
AB 1699
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1699 (Bloom) - As Amended: April 22, 2014
Policy Committee: Natural
ResourcesVote:5-2
Environmental Safety 6-3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits the sale or promotion of personal care
products containing microplastic on or after January 1, 2016.
Specifically, this bill:
1)Prohibits, on or after January 1, 2016, a person in the course
of doing business from selling or offering for promotional
purposes any personal care products containing microplastic.
Specifies that the prohibition does not apply to products
containing microplastic in an amount of less than 1 part per
million (ppm) by weight.
2)Provides that a person who violates or threatens to violate
the provisions of the bill may be enjoined in any court of
competent jurisdiction and is liable for a civil penalty not
to exceed $2,500 per day for each violation, as specified.
3)Authorizes the Attorney General, a district attorney, a city
attorney of a city having a population in excess of 750,000
persons, or a city prosecutor to enforce the provisions of the
bill. Requires the civil penalties collected to be retained by
the office of the city attorney, city prosecutor, district
attorney, or Attorney General, whichever office brought the
action.
4)Defines "microplastic" as any plastic size 5 millimeters or
less in all dimensions.
5)Defines "personal care products" as mixtures and solutions
used for bathing and facial or body cleaning, including, but
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not limited to, hand and body soap, exfoliates, shampoos,
toothpastes, and scrubs.
6)Defines "plastic" as a synthetic material made from linking
monomers through a chemical reaction to create a polymer chain
that can be molded or extruded at high heat into various
forms. Provides that plastics can be made from many organic
substances, including petroleum and natural gas.
FISCAL EFFECT
Negligible state costs. This bill provides for enforcement
through civil penalities collected and retained by the enforcing
agency.
COMMENTS
1)Rationale . According to the author, microplastic beads are
used in consumer products, such as soaps and facial scrubs as
abrasives and exfoliants. In some products there are over
350,000 microbeads in one tube alone. When washed directly
down the drain, the beads are too small to be captured by
water treatment facilities. Recent studies have shown
microbeads to be a pervasive marine pollutant, and have been
found everywhere from the garbage gyres in the Pacific Ocean
to the Great Lakes to the LA River. Research has also shown
that these beads absorb toxins and are being ingested by
marine life, posing a threat to our marine ecosystems. This
bill will ensure microplastic beads no longer enter the
waterways.
2)Background . According to the United States Environmental
Protection Agency (US EPA), marine debris is a serious problem
that impacts the environment, economy, and human health and
safety. Plastic pollution is the predominant type of
anthropogenic debris found in the marine environment.
Microplastics enter the marine environment as larger plastic
objects that eventually degrade into smaller components, as
shed synthetic fibers from textiles during clothes washing, or
as microbeads that originate in personal care products.
3)Voluntary Efforts . Some larger companies such as Unilever,
Proctor & Gamble and Johnson & Johnson have pledged to
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phase-out microbeads from their products and replace them with
natural alternatives. The proposed phase out dates vary but
are all later than the date provided by this bill.
4)Other States . Several other states are considering
legislation on microplastics, including Illinois, Michigan,
Minnesota, New Jersey, New York, and Ohio. The New York
bills, S07018 and A08744, prohibit the production,
manufacture, sale, or offering for sale of any personal care
product that contains intentionally added microbeads beginning
on December 31, 2015. SB 2727, which is being considered in
Illinois, would prohibit the manufacture for sale of a
personal care product that contains synthetic plastic
microbeads beginning on December 31, 2017, and would prohibit
a person from accepting for sale a personal care product that
contains synthetic plastic microbeads beginning on December
31, 2018.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081