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AB-1594 Ocean protection: plastic pollution.(2017-2018)

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Date Published: 04/17/2017 09:00 PM
AB1594:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1594


Introduced by Assembly Member Bloom

February 17, 2017


An act to add Section 35626 to the Public Resources Code, relating to ocean resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 1594, as amended, Bloom. Ocean protection: plastic pollution.
Existing law, the California Ocean Protection Act, establishes the Ocean Protection Council in state government, and prescribes the functions and duties of the council with regard to the protection and conservation of coastal waters and ocean ecosystems.
This bill would require the council, on or before January 1, 2019, to complete a study March 1, 2018, to compile existing data identifying the primary sources and types of ocean plastic pollution, as determined by an analysis of beach clean-up cleanup efforts in the state, including recommendations to be provided to the Legislature regarding legislative action or other strategies that may be implemented by the state to reduce plastic pollution on state beaches and in oceanwaters. ocean waters. The bill would require the council, by the same date, to provide a report to the Legislature on the status of a 2007 council resolution that outlined a 13-point plan of action to prevent and reduce marine debris. The bill would also make related legislative findings and declarations regarding the need to prevent and clean up ocean waste, including plastic pollution.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 35626 is added to the Public Resources Code, to read:

35626.
 (a) The Legislature finds and declares all of the following:
(1) Plastic and packaging waste represents a significant and fast growing component of the state’s waste stream. California disposes of more than three million tons of plastic packaging waste annually.
(2) With the sole exception of plastic beverage containers covered by the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500)), little of generated plastic is currently recycled. Excluding beverage containers, less than 5 percent of plastic packaging is currently recycled.
(3) Plastic, including, but not limited to, polystyrene and disposable food service packaging litter and the resulting marine debris present more than an aesthetic problem as this litter marine can be a danger to marine organisms through ingestion and entanglement.
(4) This litter and marine debris also present a serious and growing threat to water quality, the beneficial uses of the waters of the state, and marine recreational human use, and they threaten the ability of California’s waters and the Pacific Ocean to sustain aquatic life.
(5) According to a report published by the World Economic Forum and the Ellen MacArthur Foundation, there could be more plastic than fish, by weight, in the ocean by 2050, if we continue on our current track.
(6) Each year thousands of Californians volunteer countless hours to cleanup clean up plastic and disposable food service packaging litter from public roadways, beaches, parks, and other areas of the state.
(7) California’s aquatic and marine environments are increasingly threatened by the amount of plastic and disposable food service packaging that is carried by stormwater runoff.
(8) Under a consent decree, a Total Maximum Daily Load (TMDL) for trash is required to be developed for all impaired waters within the state within the next decade. For example, the TMDL for the Los Angeles River and the Ballona Creek Watershed requires that the amount of trash be reduced to zero to protect beneficial uses.
(9) The costs to state agencies and local governments to comply with existing TMDL requirements, pending TMDL requirements, or the TMDL requirements yet to be developed, developed will run into billions of dollars.
(10) Data collected during California’s annual Coastal Cleanup and the 1999 Pilot Litter Study by the Department of Conservation indicate that plastic and disposable food service packaging represent some of the most commonly littered items.
(11) Disposable food service packaging is used “on the go” when access to trash and recycling receptacles is most limited. Plastics generally can become inadvertent litter even if initially properly discarded, when they are carried by wind from uncovered trash cans and dumpsters, vehicles, and solid waste facilities, including landfills.
(12) The benefits of reducing, recycling, and composting plastics and disposable food service packaging will have a direct positive impact on California’s economy.
(13) A 1993 study by the California Research Bureau concluded that ocean-dependent industries add approximately $17,000,300,000 seventeen billion three hundred thousand dollars ($17,000,300,000) and 370,000 jobs to California’s economy, almost $10 billion ten billion dollars ($10,000,000,000) of which is related to nonresident coastal-based tourism.
(14) Compounding the problem of plastic packaging waste is that this material is nonbiodegradable and litter prone. Even when properly disposed, lightweight plastic packaging can be blown from trash cans, garbage trucks, and landfills.
(15) Nonbiodegradable plastic litter poses a real and growing threat to water quality and the marine environment.
(16) While more than 100 jurisdictions in California have addressed this problem in part, by phasing out the use of nonrecyclable, noncompostable polystyrene takeout food packaging, thus far only a few jurisdictions have extended phase-outs to include other nonrecyclable and noncompostable plastic takeout food packaging.
(17) On February 8, 2007, the California Ocean Protection Council adopted a resolution outlining a 13-point plan of action to prevent and reduce marine debris.

(16)It

(18) Consistent with the California Ocean Protection Council’s plan of action described in paragraph (17), is the intent of the Legislature to increase the diversion of single use take-out takeout food packaging while reducing a primary source of permanent litter and marine debris.
(b) (1) On or before January 1, 2019, March 1, 2018, the council shall complete astudy do both of the following:
(A) Provide a report to the Legislature on the status of the items identified in the resolution adopted by the California Ocean Protection Council described in paragraph (17) of subdivision (a).
(B) Compile existing data identifying the primary sources and types of ocean plastic pollution, as determined by an analysis of statewide beach cleanup efforts, including recommendations to be provided to the Legislature regarding legislative action or other strategies that may be implemented by the state to reduce plastic pollution on state beaches and in oceanwaters.
(2) (A) A report submitted to the Legislature pursuant to subparagraph (A) of paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(3) (B) The requirement for submitting a report imposed under subparagraph (A) of paragraph (1) is inoperative on March 1, 2022, pursuant to Section 10231.5 of the Government Code.