BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1699|
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THIRD READING
Bill No: AB 1699
Author: Bloom (D), et al.
Amended: 8/19/14 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 6/18/14
AYES: Hill, Hancock, Jackson, Leno, Pavley
NOES: Gaines, Fuller
SENATE JUDICIARY COMMITTEE : 5-2, 6/24/14
AYES: Jackson, Corbett, Lara, Leno, Monning
NOES: Anderson, Vidak
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 47-13, 5/23/14 - See last page for vote
SUBJECT : Waste management: synthetic plastic microbeads
SOURCE : 5 Gyres
DIGEST : This bill provides that, on or after January 1, 2019,
a person shall not sell or offer for promotional purposes in
this state a personal care product containing synthetic plastic
microbeads.
Senate Floor Amendments of 8/19/14 extends the compliance
deadline by one year for over-the-counter drugs, and clarify
provisions.
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ANALYSIS : 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
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:
1.Prohibits, on or after January 1, 2019, a person from selling
or offering for promotional purposes in this state a personal
care product containing synthetic plastic microbeads, as
specified, unless the personal care product is an
over-the-counter drug, and prohibits 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.
2.Provides that a person in violation of the above prohibition
may be enjoined in any court of competent jurisdiction and is
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liable for a civil penalty, which may be assessed and
recovered in a civil action, not to exceed $2,500 per day for
each violation in addition to any other penalty established by
law.
3.Requires a court, in assessing the amount of a civil penalty,
to consider all of the following:
The nature and extent of the violation;
The number of, and severity of, the violations;
The economic effect of the penalty on the person;
Whether the person took good faith measures to comply
with the law and the time these measures were taken;
The deterrent effect that the imposition of the penalty
would have on both the person and the regulated community
as a whole; and
Any other factor that justice may require.
1.Authorizes these actions to 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.
2.Provides that civil penalties collected in a civil action
shall be retained by the office of the city attorney, city
prosecutor, district attorney, or Attorney General, whichever
office brought the action.
3.Provides the following definitions:
"Person" means an individual, business, or other entity;
"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, and to be
rinsed off in normal use conditions, including an article
intended for use as a component of such an article;
"Personal care product" does not include a prescription
drug; and
"Synthetic plastic microbead" means an intentionally
added particle of non-water-soluble plastic measuring five
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millimeters or less in size in every dimension.
1.Declares that this bill occupies the whole field of regulation
of the sale or offering for promotional purposes of personal
care products containing synthetic plastic microbeads.
2.Prohibits 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 the sale or offering for
promotional purposes of personal care products that are not
over-the-counter drugs and that contain synthetic plastic
microbeads.
3.Prohibits 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, except as
expressly authorized.
4. Makes various related legislative findings and declarations.
Background
Microbeads are non-biodegradable pieces of plastic less than one
millimeter in diameter and are frequently found in consumer
personal care products. These microbeads are designed to be
flushed down drains, ultimately ending up in the marine
environment and in marine organisms.
A recent article revealed that microbeads are an emerging
concern among scientists and environmentalists. The article
described the problem as follows:
Scientist Marcus Eriksen stood ankle deep in the murky Los
Angeles River on Friday and dipped a net into the water,
looking for a problem. Eriksen was searching for
"microbeads," bits of plastic no bigger than salt grains
that absorb toxins such as motor oil and insecticides as
they tumble downstream and into the Pacific Ocean. The
tiny polyethylene and polypropylene beads are an emerging
concern among scientists and environmentalists. The beads
come mostly from personal care products such as facial
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exfoliants and body washes. They are not biodegradable,
however, and because they are not removed easily by
wastewater treatment plants, they flow out to sea and enter
the food chain.
Scientists are only beginning to understand the hazards
posed by microplastic pollution in the world's oceans and
inland waterways. In 2012, Eriksen and a team of
researchers discovered large amounts of microbeads and
other microplastic pollution in the Great Lakes. Those
findings prompted a coalition of majors of Great Lakes
cities to ask the U.S. Environmental Protection Agency to
determine the possible health risks to lake ecosystems and
humans." (L. Sahagun, Microbeads a major problem in L.A.
River (Jan. 25, 2014) Los Angeles Times
[as of
June 21, 2014].)
Synthetic Plastic microbeads in personal care products .
Alternatives to synthetic 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/20/14)
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5 Gyres (source)
All One Ocean
Breast Cancer Fund
California Association of Sanitation Agencies
California Attorney General's Office
California League of Conservation Voters
Californians Against Waste
Campaign for Safe Cosmetics
Center for Biological Diversity
City of Los Angeles, Mayor Eric Garcetti
Clean Water Action
County of Los Angeles Board of Supervisors, Supervisor Zev
Yaroslavsky
East Bay Municipal Utility District
Environment California
Environmental Working Group
Friends of the Los Angeles River
Heal the Bay
Las Virgenes - Triunfo Joint Powers Authority
Los Angeles Waterkeeper
Natural Resources Defense Council
Ocean Conservancy
Ocean Voyage Institute/Project Kaisei
Physicians for Social Responsibility, San Francisco Bay Area
Chapter
Plastic Pollution Coalition
San Luis Obispo Waterkeeper
Save Our Shores
Seventh Generation Advisors
Sierra Club California
Surfrider Foundation
Team Marine
Turtle Island Restoration Network
OPPOSITION : (Verified 8/20/14)
AdvaMed
American Chemistry Council
American Cleaning Institute
Bay Bio
Biocom
California Chamber of Commerce
California Healthcare Institute
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California Manufacturers & Technology Association
California Retailers Association
Chemical Industry Council of California
Consumer Healthcare Products Association
Grocery Manufacturers Association
International Fragrance Association of North America
Personal Care Products Council
Western Plastics Association
ARGUMENTS IN SUPPORT : According to supporters of the bill,
"Products containing micro-beads are designed to be washed down
the drain." "As a result, these plastic abrasives are one of
the emerging forms of pollution accumulating in our local
waterways and the Pacific Ocean. The beads are capable of
absorbing a wide range of toxins - including DDT and industrial
chemicals - which can then be ingested by marine life. Over the
long run, they will impose serious costs on the environment and
will force taxpayers to spend significant funds to clean them
up."
Supporters state, "Plastic micro-beads are not essential to
personal care products. Safer, biodegradable, non-polluting
alternatives such as apricot shells and cocoa beans have long
been used as abrasives in personal-care products instead of
plastic micro-beads; indeed, many forward thinking brands
already employ environmentally safe alternatives that are market
viable.
ARGUMENTS IN OPPOSITION : The Personal Care Products Council
states, "The introduction of synthetic micro beads into products
was originally done because of their excellent health and safety
properties [?] However our industry shares a common interest
with other stakeholders in protecting our environment. [?]
While we believe synthetic micro beads in personal care products
represents a very small portion of the overall aquatic plastic
pollution, the industry has elected to be part of the solution
and to help lead on this issue."
A coalition letter from the California Chamber of Commerce and
others dated May 7, 2014 opposes the bill due to the abbreviated
timeline of the bill. Since that date, the bill has been
amended twice to extend the timeline of implementation of the
bill from 2016 to 2019. It is not clear if this coalition has
removed their opposition.
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ASSEMBLY FLOOR : 47-13, 5/23/14
AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Dickinson, Eggman, Fong, Frazier,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Hall, Holden,
Jones-Sawyer, Levine, Lowenthal, Maienschein, Mullin,
Muratsuchi, Nazarian, Nestande, John A. P�rez, Quirk, Rendon,
Ridley-Thomas, Skinner, Stone, Ting, Weber, Wieckowski, Wilk,
Williams, Yamada, Atkins
NOES: Allen, Bigelow, Ch�vez, Conway, Donnelly, Beth Gaines,
Grove, Hagman, Jones, Logue, Melendez, Patterson, Wagner
NO VOTE RECORDED: Bonilla, Dahle, Daly, Fox, Gorell, Gray,
Harkey, Roger Hern�ndez, Linder, Mansoor, Medina, Olsen, Pan,
Perea, V. Manuel P�rez, Quirk-Silva, Rodriguez, Salas,
Waldron, Vacancy
RM:nl 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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