BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 888


                                                                    Page  1





          Date of Hearing:  April 28, 2015


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          AB 888  
          (Bloom) - As Amended April 22, 2015


          SUBJECT:  Waste management:  plastic microbeads


          SUMMARY:  Prohibits, on and after January 1, 2020, the sale of  
          personal care products containing plastic microbeads.    
          Specifically, this bill:  


          1)Makes legislative findings about microplastics and microbeads  
            and their effects on the environment. 


          2)Defines "personal care product" as an article 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 an article intended for use as a component  
            of that type of article.  Prescription drugs are not included  
            in the definition of personal care products.  


          3)Defines "plastic microbead" as an intentionally added solid  
            plastic particle measuring five millimeters or less in every  
            dimension.










                                                                     AB 888


                                                                    Page  2





          4)Prohibits, on and after January 1, 2020, a person from selling  
            or offering for promotional purposes any personal care  
            products containing plastic microbeads that are used to  
            exfoliate or cleanse in a rinse-off product including but not  
            limited to, toothpaste.


          5)Exempts from the prohibition the following: 





             a)   A person that sells or offers for promotional purposes a  
               personal care product containing plastic microbeads in less  
               than 1 part per million by weight; and,



             b)   A product containing natural exfoliants that does not  
               contain plastic microbeads.


          6)Provides that a person who violates or threatens to violate  
            the prohibitions 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.



          7)Authorizes the Attorney General, a district attorney, a city  
            attorney, or a city prosecutor to enforce the prohibition and  
            provides that the civil penalties collected shall be paid to  
            whichever office brought the action.


          EXISTING LAW:  










                                                                     AB 888


                                                                    Page  3





          1)Prohibits, under the federal Marine Plastic Pollution Research  
            and Control Act of 1987, the at-sea disposal of plastic and  
            other solid materials for all navigable waters within the  
            United States.  (33 U.S.C. § 1901 et seq.)

          2)Regulates, under the Porter-Cologne Water Quality Control Act,  
            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.  (Water  
            Code § 13000 et seq.)

          3)Requires the State Water Resources Control Board (SWRCB) and  
            the regional water boards to implement a program to control  
            discharges of preproduction plastic (nurdles) from point and  
            nonpoint sources.  Requires the SWRCB to determine the  
            appropriate regulatory methods to address the discharges from  
            these point and nonpoint sources. (Water Code § 13367)

          4)Declares that littered plastic products have caused and  
            continue to cause significant environmental harm and have  
            burdened local governments with significant environmental  
            cleanup costs.  (Public Resources Code (PRC) § 42355)
          


          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Need for the 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  








                                                                     AB 888


                                                                    Page  4





          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."

          Microplastics in the marine environment:  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.  According  
          to The 5 Gyres Institute, microplastic particles and microbeads,  
          which are typically made of polyethylene, polypropylene,  
          polyethylene terephthalate, polymethyl methacrylate or nylon,  
          can be found in facial and body scrubs, shampoos, soaps,  
          toothpaste, eyeliners, lip gloss, deodorant, and sunblock  
          sticks.  Some of these products, most of which are designed to  
          be flushed down the sink or bath drain, contain more than  
          350,000 beads per bottle.  

          A number of studies have shown that microplastics pass through  
          wastewater treatment facilities and into waterways, eventually  
          flowing to the ocean.  Additional microplastics reach rivers and  
          oceans as a result of wastewater overflow during heavy rainfall  
          events.  








                                                                     AB 888


                                                                    Page  5








          Impacts of discarded microplastic:  The US EPA states that  
          marine animals accidentally eat marine debris while feeding on  
          natural food.  Ingestion can lead to starvation or malnutrition  
          when the debris collects in the animal's stomach and causes the  
          animal to stop feeding.  Internal injuries and infections may  
          also result from ingestion.  

          In addition to causing these types of injuries to wildlife,  
          microplastics can have toxicological effects.  Research suggests  
          that microplastics attract and absorb persistent organic  
          pollutants, such as PCBs, DDT, and PBDEs.  Studies conducted by  
          UC Santa Barbara's National Center for Ecological Analysis and  
          Synthesis (NCEAS) show that about 78 percent of the chemicals  
          recognized by the US EPA are associated with microplastic  
          pollution.  Additional studies at NCEAS show that toxic  
          concentrations of pollutants and additives enter the tissue of  
          animals that have eaten microplastic.  These pollutants  
          bioaccumulate and bioamplify, having the potential to impact  
          ecosystems and human health.  

          Are microplastic beads necessary in personal care products?   
          Alternatives to plastic microbeads, such as ground fruit pits,  
          seeds, cocoa beans, rice, sugar, and salt, are commonly used in  
          personal care products.  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, Unilever's  
          website states, "We decided to phase-out plastic scrub beads  
          from personal care products because we believed we could provide  
          consumers with products that deliver a similar exfoliating  
          performance without the need to use plastics.  We completed the  
          phase-out globally by 1 January 2015 using suitable alternatives  
          that best match the sensory experience that the plastic scrub  
          beads provided."  Colgate-Palmolive's website states, "We  
          recognize that consumers have questions and are reformulating  








                                                                     AB 888


                                                                    Page  6





          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."   
          Johnson & Johnson, L'Oreal, and Proctor & Gamble have also  
          eliminated, or have committed to eliminating, the use of  
          microplastics in their products.

          Arguments in support:  The California Association of Sanitation  
          Agencies (CASA) writes that "Pollution prevention and source  
          control are significant concerns for our member agencies.   
          Plastic pollution is a prolific problem in California, and  
          plastic microbeads in particular are very difficult to filter  
          out during the typical wastewater treatment processes.  Thus,  
          microbeads that are flushed down drains as part of their  
          intended use can be discharged into California waterways and  
          released into the environment? The best way to ensure that these  
          pollutants are not discharged to California waterways is to  
          prohibit their introduction to the wastewater stream on the  
          front end."

          A coalition of about 40 public health and environmental  
          organizations writes, "Studies indicate that plastic microbeads  
          attract and absorb toxins from the surrounding waters and can  
          leach toxic additives (that give microbeads their defined shape  
          and performance attributes) into the aquatic environment.  They  
          are also mistaken for food by wildlife, including fish that  
          humans eat.  Once ingested, the toxins accumulate in the tissues  
          of organisms and move their way up the food chain, creating a  
          threat both to natural ecosystems and human health? AB 888 is  
          regarded among stakeholders as the model policy that will not  
          only result in a cleaner environment, but also reduce hazards to  
          both humans as well as marine and aquatic wildlife."

          Arguments in opposition:  A coalition of eight industry trade  
          associations writes, "Last year, similar legislation was moved  
          out of the Assembly as a "work in progress" as all parties were  
          very close to agreement. Unfortunately, changes made in the  
          Senate ultimately made the bill unworkable for the industry and  
          we had no choice but to oppose on the Senate Floor. AB 888 is  








                                                                     AB 888


                                                                    Page  7





          equally problematic, as its scope goes beyond a ban of plastic  
          microbeads in personal care products and would create a legal  
          quagmire, leaving the interpretations of the definitions and  
          what is covered up to the courts?

          "As you may know, the State of Illinois reached a reasonable  
          framework for legislation to address this issue in June 2014.   
          The Illinois legislation was ultimately included in the Council  
          of State Governments (CSG) "Suggested State Legislation" to help  
          shape future policy on this issue.  Since that time, similar  
          legislation has been enacted in Colorado, Maine and New Jersey.  
          Specifically, the CSG legislation bans the manufacture of  
          personal care products and over-the-counter medications that  
          contain non-biodegradable solid plastic microbeads that are used  
          to exfoliate or cleanse in a rinse-off product."

          Related legislation:  


          1)SB 625 (Galgiani). SB 625 prohibits, on and after January 1,  
            2020, a person from selling or offering for promotional  
            purposes a personal care product containing synthetic plastic  
            microbeads; however, it includes different definitions,  
            different enforcement provisions, and a state preemption  
            provision.  SB 625 is set to be heard in the Senate  
            Environmental Quality Committee on April 29, 2015. 


          2)AB 1699 (Bloom, 2014) was substantially similar to AB 888.  AB  
            1699 passed the Environmental Safety and Toxic Materials  
            Committee on a 5 - 2 vote, and was subsequently held on the  
            Senate Inactive file.  


          Double referral:  This bill was double referred to the Assembly  
          Committee on Natural Resources, where it passed on April 13,  
          2015, on a 7 - 0 vote.  










                                                                     AB 888


                                                                    Page  8





          REGISTERED SUPPORT / OPPOSITION:




          Support


          Californians Against Waste (sponsor)


          California Association of Sanitation Agencies (sponsor)
          Clean Water Action (sponsor)
          The Story of Stuff Project  (sponsor)
          5 Gyres Institute (sponsor)
          Azul
          Breast Cancer Fund
          California Coastkeeper Alliance
          California League of Conservation Voters
          Campaign for Safe Cosmetics
          Carpinteria Sanitary District
          Center for Biological Diversity


          Center for Environmental Health
          Center for Oceanic Awareness Research and Education 
          Central Contra Costa Sanitary District 
          Central Marin Sanitation Agency 
          City of Palo Alto 
          City and County of San Francisco
          Clean Oceans Competition
          Cleanups For Change
          Coachella Valley Water District 
          Community Environmental Council
          Councilmember Paul Koretz, City of Los Angeles
          Costa Mesa Sanitary District


          Defenders of Wildlife








                                                                     AB 888


                                                                    Page  9





          Delta Diablo
          East Bay Municipal Utility District 
          Environment California
          Environmental Action Committee of West Marin
          Environmental Working Group
          Goleta Sanitary District
          Green Sangha
          Green Science Policy Institute
          Heal the Bay
          Health Care Without Harm
          Hidden Resources
          Klean Kanteen
          Las Gallinas Valley Sanitary District 
          Las Virgenes - Triunfo Joint Powers Authority
          Leucadia Wastewater District 
          LA City Councilmember Paul Koretz
          LA Waterkeeper
          Lunch Skins
          LUSH Cosmetics 


          Manduka
          Napa Recycling and Waste Services 
          Natural Resources Defense Council
          Ocean Conservancy
          Physicians for Social Responsibility, SF Bay Chapter 
          Plastic Pollution Coalition
          Plastic Soup Foundation
          Ross Valley Sanitary District 
          San Francisco Public Utilities Commission
          San Francisco Water Power Sewer
          Save Our Shores
          Save The Bay 
          Seventh Generation Advisors
          Sierra Club California
          Surfrider Foundation
          Team Marine, Santa Monica High School
          Turtle Island Restoration Network
          Victor Valley Wastewater Reclamation Authority 








                                                                     AB 888


                                                                    Page  10





          World Centric




          Opposition


          American Chemistry Council 


          Biocom 


          California Manufacturers & Technology Association 


          California Retailers Association 


          Chemical Industry Council of California


          Consumer Healthcare Products Association 


          International Fragrance Association, North America 


          Personal Care Products Council 




          Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)  
          319-3965











                                                                     AB 888


                                                                    Page  11