Bill Text: CA AB1699 | 2013-2014 | Regular Session | Amended


Bill Title: Waste management: synthetic plastic microbeads.

Status: (Engrossed) 2014-08-21 - Read third time. Refused passage. Motion to reconsider made by Senator Jackson. Reconsideration granted. [AB1699 Detail]

Download: California-2013-AB1699-Amended.html
BILL NUMBER: AB 1699	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2014
	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN SENATE  JUNE 19, 2014
	AMENDED IN ASSEMBLY  MAY 20, 2014
	AMENDED IN ASSEMBLY  MAY 12, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Bloom
   (  Coauthors:   Assembly Members
  Nestande     and
Stone   Coauthor:   Assembly Member  
Stone  )

                        FEBRUARY 13, 2014

   An act to add Chapter 5.9 (commencing with Section 42360) to Part
3 of Division 30 of the Public Resources Code, relating to waste
management.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1699, as amended, Bloom. Waste management:  synthetic 
plastic microbeads.
   The Safe Drinking Water and Toxic Enforcement Act of 1986
(Proposition 65) prohibits any person, in the course of doing
business, from knowingly and intentionally exposing any individual to
a chemical known to the state to cause cancer or reproductive
toxicity without giving a specified warning, or from discharging or
releasing such a chemical into any source of drinking water, except
as specified. Existing law prohibits the sale of expanded polystyrene
packaging material by a wholesaler or manufacturer. Existing law
prohibits a person from selling a plastic product in this state that
is labeled with the term "compostable," "home compostable," or
"marine degradable" unless, at the time of sale, the plastic product
meets the applicable American Society for Testing and Materials
standard specification.
   This bill would prohibit, after January 1, 2019, a person, as
defined, from selling or offering for promotional purposes in this
state a personal care product containing  synthetic  plastic
microbeads, as  specified.   specified, unless
the personal care product is an over-the-counter drug, and would
prohibit 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.
 The bill would exempt from  this prohibition 
 those prohibitions  the sale or promotional offer of a
product containing less than 1 part per million (ppm) by weight of
 synthetic  plastic microbeads, as provided.
   The bill would make a violator liable for a civil penalty not to
exceed $2,500 per day for each violation. The bill would authorize
the penalty to be assessed and recovered in a civil action brought in
any court of competent jurisdiction by the Attorney General or local
officials, as provided. The bill would require the civil penalties
collected in an action brought pursuant to the act to be retained by
the office of the Attorney General or local official who brought the
action.
   The bill would declare that its provisions occupy the whole field
of regulation of  the sale or offering for   promotional
purposes of personal care products containing synthetic 
plastic  microbeads and would   microbeads. The
bill would  prohibit 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,  and would prohibit 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 5.9 (commencing with Section 42360) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 5.9.   SYNTHETIC  PLASTIC MICROBEADS NUISANCE
PREVENTION LAW


   42360.  The Legislature finds and declares all of the following:
   (a) Plastic does not biodegrade like other organic materials, but,
upon exposure to the elements, photodegrades into smaller pieces,
causing land and water pollution that is virtually impossible to
remediate.
   (b) Plastic pollution is the dominant type of anthropogenic debris
found throughout the marine environment.
   (c) Plastic pollution is an environmental and human health hazard
and a public nuisance.
   (d) Consumer personal care products such as facial scrubs, soaps,
and toothpaste increasingly contain thousands of  synthetic 
plastic microbead particles, ranging from 50 to 500 microns, which
are flushed down drains as part of their intended use.
   (e)  Plastic   Synthetic plastic 
microbeads in personal care products are not recoverable through
ordinary wastewater treatment and so are released into the
environment.
   (f)  Plastic   Synthetic plastic 
microbeads of the size found in personal care products are ingested
by marine organisms.
   (g)  Plastic   Synthetic plastic 
microbeads attract other pollutants commonly present in the
environment, many of which are recognized to have serious deleterious
impacts on human health or the environment, including DDT, DDE,
PCBs, and flame retardants.
   (h)  Plastic   Synthetic plastic 
microbeads have been found in surface waters within the United
States, as well as in fish, marine mammals, and reptiles, and in the
digestive and circulatory systems of mussels and worms.
   (i) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue
during digestion and bioaccumulate, resulting in liver damage.
   (j) Fish that humans consume have been found to ingest  
 synthetic  plastic microbeads.
   (k) There are many biodegradable, natural alternatives to 
synthe   tic  plastic microbeads that are economically
feasible, as evidenced by their current use in some consumer personal
care products.
   42361.  As used in this chapter, the following terms have the
following meanings: 
   (a) "Over-the-counter drug" has the same meaning as defined in
subdivision (d) of Section 110286 of the Health and Safety Code.
 
   (a) 
    (b)  "Person" means an individual, business, or other
entity. 
   (b) 
    (c)  (1) "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 that may   to
 be rinsed  off,   off in normal use
conditions,  including an article intended for use as a
component of such an article.
   (2) "Personal care product" does not include a prescription drug,
as defined in Section 110010.2 of the Health and Safety Code.

   (c) "Plastic microbead" 
    (d)     "Synthetic plastic microbead" 
means an intentionally added  plastic  particle
 of non-water-soluble plastic  measuring five millimeters or
less in size in every dimension.
   42362.   (a)    On or after January 1, 2019, a
person shall not sell or offer for promotional purposes in this state
any personal care products containing  synthetic  plastic
 microbeads.   microbeads, unless the personal
care product is an over-the-counter drug.  
   (b) On or after January 1, 2020, a person shall not sell or offer
for promotional purposes in this state a personal care product that
contains synthetic plastic microbeads, including, but not limited to,
a personal care product that is an over-the-counter drug. 
   42363.  Section 42362 shall not apply to any person that sells or
offers for promotional purposes a personal care product containing
 synthetic  plastic microbeads in less than 1 part per
million (ppm) by weight.
   42364.  (a) A person who violates or threatens to violate Section
42362 may be enjoined in any court of competent jurisdiction.
   (b) (1) A person who violates Section 42362 is liable for a civil
penalty not to exceed two thousand five hundred dollars ($2,500) per
day for each violation in addition to any other penalty established
by law. That civil penalty may be assessed and recovered in a civil
action brought in any court of competent jurisdiction.
   (2) In assessing the amount of a civil penalty for a violation of
this chapter, the court shall consider all of the following:
   (A) The nature and extent of the violation.
   (B) The number of, and severity of, the violations.
   (C) The economic effect of the penalty on the person.
   (D) Whether the person took good faith measures to comply with
this chapter and the time these measures were taken.
   (E) The deterrent effect that the imposition of the penalty would
have on both the person and the regulated community as a whole.
   (F) Any other factor that justice may require.
   (c) Actions pursuant to this section may 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.
   42367.  The civil penalties collected pursuant to Section 42364
shall be retained by the office of the city attorney, city
prosecutor, district attorney, or Attorney General, whichever office
brought the action.
   42368.  (a) This chapter does not alter or diminish any legal
obligation otherwise required in common law or by statute or
regulation, and this chapter does not create or enlarge any defense
in any action to enforce the legal obligation. Penalties and
sanctions imposed under this chapter shall be in addition to any
penalties or sanctions otherwise prescribed by law.
   (b) This chapter addresses a matter of statewide interest and
concern and is applicable uniformly throughout the state.
Accordingly, this chapter occupies the whole field of regulation of
 plastic microbeads,   the sale or offering for
promotional purposes of personal care products containing synthetic
plastic microbeads  except as provided in subdivision (a).
   (c) On and after January 1, 2019, a city, county, or other local
public agency shall not adopt, enforce, or otherwise implement, 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, except as expressly
authorized by this chapter. 
   (d) On and after January 1, 2020, a city, county, or other local
public agency shall not adopt, enforce, or otherwise implement, an
ordinance, resolution, regulation, or rule, or any amendment thereto,
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 by this chapter.   
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