BILL ANALYSIS �
AB 1699
Page 1
ASSEMBLY THIRD READING
AB 1699 (Bloom)
As Amended May 20, 2014
Majority vote
NATURAL RESOURCES 6-3 ENVIRONMENTAL SAFETY
5-2
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|Ayes:|Chesbro, Garcia, |Ayes:|Alejo, Bloom, Gomez, |
| |Muratsuchi, Skinner, | |Lowenthal, Ting |
| |Stone, Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Bigelow, Patterson |Nays:|Dahle, Donnelly |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Holden, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Donnelly, Jones, | | |
| |Linder, Wagner | | |
| | | | |
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SUMMARY : Prohibits the sale of "cleaning products or personal
care products" that contain very small plastic particles
(microplastic). Specifically, this bill :
1)Defines terms used in this bill, including:
a) "Personal care products" 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
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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, 2019, 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
this bill.
4)Specifies that penalties collected be retained by the office
that brought the action.
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 (U.S.). The law
also requires the U.S. Environmental Protection Agency, the
National Oceanic and Atmospheric Administration, and the U.S.
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 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, industrial discharges and discharges
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has negligible state costs. This bill
provides for enforcement through civil penalties collected and
retained by the enforcing agency.
COMMENTS :
1)This bill. According to the author:
Microplastic beads are sold in consumer products as
abrasives and exfoliants (such as in soaps, facial
scrubs, etc.) In some products there are over 350,000
microbeads in one tube alone. They are directly
washed down the drain and too small to be captured by
water treatment facilities. Recent studies have shown
microbeads to be a pervasive marine pollutant, and
have been found in alarming quantities 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.
Currently there is no law banning their use in
consumer products. While some larger companies such
as Unilever, Proctor & Gamble and Johnson & Johnson
have pledged to phase microbeads out of their products
and replace them with natural alternatives, the
proposed phase out dates range all over the place and
in some cases are only 50% by a certain date, etc.
Our bill would provide a hard phase out date to ensure
that plastic microbeads from personal care products
are no longer entering our waters.
2)Plastic in the marine environment. Plastics are estimated to
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compose 60% to 80% of all marine debris and 90% 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 has been proven to negatively affect at least 663
animal species worldwide, including all known species of sea
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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.
3)Microplastic in personal care products. Alternatives to
plastic microbeads are commonly used in personal care
products, such as ground fruit pits and seeds, cocoa beans,
rice, sugar, and salt. While some opponents argue that these
components don't offer the same scrubbing feeling or
hypoallergenic properties as microbeads, many major
manufacturers are already voluntarily phasing out
microplastics and using these or other alternatives. For
example, Colgate-Palmolive's Web site states, "We recognize
that consumers have questions and are reformulating with
alternate ingredients the small number of our products
containing microplastics. Much of this work has already been
accomplished, and the process will be completed by 2014."
Unilever's Web site states, "Unilever has decided to phase out
plastic scrub beads from personal care products. This is
because we believe we can provide consumers with products that
deliver a similar exfoliating performance without the need to
use plastics. We expect to complete this phase out globally
by 2015." Johnson & Johnson, L'Oreal, and Proctor & Gamble
have also committed to eliminating the use of microplastics in
their products.
4)Other state actions. Several other states are currently
considering legislation on microplastics, including Illinois,
Michigan, Minnesota, New Jersey, New York, and Ohio. The New
York bills, Senate Bill 7018 (Grisanti) and Assembly Bill 8744
(Sweeney, et al.), would 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 (Steans), which is being considered in
Illinois, would prohibit the manufacture for sale of a
personal care product that contains synthetic plastic
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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 : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0003548