BILL ANALYSIS Ó
AB 888
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
888 (Bloom)
As Amended September 3, 2015
Majority vote
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|ASSEMBLY: |59-12 |(May 22, 2015) |SENATE: |24-14 |(September 4, |
| | | | | |2015) |
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Original Committee Reference: NAT. RES.
SUMMARY: Prohibits the sale of personal care products that
contain plastic microbeads on and after January 1, 2020.
The Senate amendments delete references to "natural exfoliants."
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 United States Environmental Protection Agency
(EPA), the National Oceanic and Atmospheric Administration,
and the US Coast Guard to jointly conduct a public education
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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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Plastic microbeads are small plastic pellets that are
added to personal care products as exfoliants and abrasives.
Unlike other forms of plastic pollution, microbeads in personal
care 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. 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
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facial and body scrubs, shampoos, soaps, toothpaste, eyeliners,
lip gloss, deodorant, and sunblock sticks. Some of these
products contain more than 350,000 beads per bottle.
Plastic is the predominate form of marine debris. Plastics are
estimated to comprise 60-80% of all marine debris and 90% of all
floating debris. According to the California Coastal
Commission, the primary source of marine debris is urban runoff.
Due to the interplay of ocean currents, marine debris
preferentially accumulates in certain areas throughout the
ocean. According to Eriksen et al. (2014), 24 expeditions from
2007-13 estimated that there is approximately 96,400 metric tons
of floating plastic in the Northern Pacific Ocean. The North
Pacific Central Gyre is the ultimate destination for much of the
marine debris originating from the California coast. A study by
the Algalita Marine Research Foundation found an average of more
than 300,000 plastic pieces per square mile of the Gyre and that
the mass of plastic was six times greater than zooplankton
floating on the water's surface.
Most plastic marine debris exists as small plastic particles.
Even large pieces of plastic break down into small particles due
to excessive Ultraviolet radiation exposure and subsequent
photo-degradation. These plastic pieces are confused with small
fish, plankton, or krill and ingested by aquatic organisms.
Over 600 marine animal species have been negatively affected by
ingesting plastic worldwide. Last month, scientists at the ARC
Centre of Excellence for Coral Reef Studies at James Cook
University found that corals are also ingesting small plastic
particles, which remain in their small stomach cavities and
impede their ability to consume and digest normal food.
In addition to the physical impacts of plastic pollution,
microplastics have toxicological effects. Research suggests
that microplastics attract and absorb persistent organic
pollutants, such as PCBs, DDT, and PBDEs. Studies conducted by
University of California Santa Barbara's National Center for
Ecological Analysis and Synthesis (NCEAS) show that about 78% of
the chemicals recognized by the EPA are associated with
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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.
Analysis Prepared by:
Elizabeth MacMillan / NAT. RES. / (916) 319-2092
FN: 0002220