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SB-1263 Ocean Protection Council: Statewide Microplastics Strategy.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
SB1263:v97#DOCUMENT

Amended  IN  Senate  April 09, 2018
Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1263


Introduced by Senator Portantino

February 15, 2018


An act to add Section 2063 to the Insurance Code, relating to residential property insurance. Chapter 3.2 (commencing with Section 35635) to Division 26.5 of the Public Resources Code, relating to pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 1263, as amended, Portantino. Residential property insurance. Ocean Protection Council: Statewide Microplastics Strategy.
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, to the extent funds are available from bonds or other sources, to adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health and that includes specified components, as provided. The bill would require the council, subject to the availability of funding, to report to the Legislature on the findings and recommendations of the Statewide Microplastics Strategy on or before December 31, 2025.

Existing law provides that under an open policy that requires payment of the replacement cost for a loss, the measure of indemnity is the amount it would cost the insured to repair, rebuild, or replace the property, without deduction for physical depreciation, or the policy limit, whichever is less. Under existing law, if a covered loss is related to a state of emergency, as defined, coverage for additional living expenses shall be for 24 months, subject to other policy provisions, and the insured shall have at least 24 months to collect the full replacement of the loss, subject to the policy limit.

This bill would require an insurer to increase the replacement cost policy limits, as specified, of a residential property insurance policy by an amount equal to 50% of the policy limits if an insured has suffered a loss relating to a declared state of emergency. The bill would specify that the 50% increase is in addition to applicable extended replacement cost coverage and does not include that coverage in the calculation.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Chapter 3.2 (commencing with Section 35635) is added to Division 26.5 of the Public Resources Code, to read:
CHAPTER  3.2. Microplastic Materials

35635.
 (a) To the extent that funds are available from bonds or other sources, including from federal, state, academic, or other public or private entities, on or before December 31, 2024, the council, in cooperation with the State Water Resources Control Board and other interested entities, shall adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health. The goal of the Statewide Microplastics Strategy shall be to increase the understanding of the scale and risks of microplastic materials and microfibers on the marine environment and identify proposed solutions to address the impacts of microplastic materials and microfibers, to the extent feasible. The Statewide Microplastics Strategy shall include, but is not limited to, all of the following components:
(1) The development of a comprehensive prioritized research plan that includes research that will support the development of risk assessments for microplastics of all sizes in all major marine habitat types.
(2) The development of standardized methods for sampling, detecting, and characterizing microplastics.
(3) The characterization of ambient concentrations of microplastics in the marine environment and an assessment of the associated environmental impacts, by microplastic particle age, size, shape, type, and location.
(4) An investigation of the sources and relative importance of pathways of the sizes, shapes, and types of microplastics associated with any environmental impacts determined to be significant pursuant to paragraph (3).
(5) The development of a risk assessment framework for microplastics, based on the best available information on exposure of microplastics to organisms, including humans, through all relevant pathways.
(6) Research on approaches for reducing the introduction of microplastics into the marine environment from all pathways of exposure, with an emphasis on the sizes, shapes, and types of microplastics that are associated with significant environmental impacts.
(7) Use of the risk assessment framework developed pursuant to paragraph (5) to evaluate options, including source reduction and product stewardship techniques, barriers, costs, and benefits.
(8) Recommendations for additional research or policy or statutory changes that may be needed.
(b) The council may include the Statewide Microplastics Strategy within the council’s California Ocean Litter Prevention Strategy.
(c) (1) On or before December 31, 2025, subject to the availability of funding, the council shall report to the Legislature, in compliance with Section 9795 of the Government Code, on the Statewide Microplastics Strategy and the council’s findings pursuant to paragraphs (1) to (7), inclusive, of subdivision (a) and shall make recommendations to the Legislature pursuant to paragraph (8) of subdivision (a).
(2) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by paragraph (1) is inoperative on December 31, 2029.

SECTION 1.Section 2063 is added to the Insurance Code, to read:
2063.

In the event of a covered loss relating to a state of emergency, as defined in Section 8558 of the Government Code, the replacement cost policy limits of a residential property insurance policy for the primary dwelling, other structures, contents, and additional living expenses shall be increased by an amount equal to 50 percent of the policy limits for each of these coverages. The 50-percent increase shall be in addition to extended replacement cost coverage that may be included in the policy, but shall be calculated based on replacement cost policy limits before the extended replacement cost limits are applied.