Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-129 Microfiber pollution.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/25/2019 09:00 PM
AB129:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 129


Introduced by Assembly Member Bloom

December 04, 2018


An act relating to waste management. to add Section 116376.5 to, and to add Chapter 10 (commencing with Section 119450) to Part 15 of Division 104 of, the Health and Safety Code, relating to environmental protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 129, as amended, Bloom. Waste management: plastic microfiber. Microfiber pollution.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law requires the state board, on or before July 1, 2020, to adopt a definition of microplastics in drinking water, as provided.
Existing law requires the Ocean Protection Council, to the extent funds are available, to adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health, as provided.
This bill would require the state board to take specified actions relating to microfiber pollution on or before July 1, 2020, and would require the state board to identify best practices for clothing manufacturers to reduce the amount of microfibers released into the environment. The bill would require, on or before January 1, 2020, a public entity that uses a laundry system, and a private entity that contracts with a state agency for laundry services, to install a filtration system to capture microfibers that are shed during washing. The bill would require, on or before January 1, 2021, a private entity that uses an industrial or commercial laundry system to install a filtration system to capture microfibers. By requiring a public entity, which is defined to include specified local government entities, to install microfiber filtration systems, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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 unless that material is composed of 100% recycled material. 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 ASTM International standard specification. Existing law prohibits, on and after January 1, 2020, a person, business, or other entity from selling or offering for promotional purposes in this state a personal care product containing plastic microbeads, as specified.

This bill would declare the intent of the Legislature to, among other things, enact legislation to recognize the emerging threat that microfibers pose to the environment and water quality and would make related findings and declarations.

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

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Microfiber is a subcategory of microplastic that is shed from synthetic fabric when that fabric is washed.
(2) These small, nondegradable fibers that are less than 5 millimeters in length are a major category of plastic pollution in water, pose a serious threat to the environment, and have been found within fish and shellfish that are consumed by humans.
(3) Garments made from synthetic fabrics, such as polyester, can shed up to 1,900 microfibers per wash.
(4) Polyester is the most widely used fiber in the textiles industry and accounts for about 50 percent of the total fiber market.
(5) Effluent from washing machines and wastewater treatment plants is a significant source of microfiber pollution that enters waterways and the ocean.
(b) It is therefore the intent of the Legislature to enact legislation to do all of the following:
(1) Recognize the emerging threat that microfibers pose to the environment and water quality.
(2) Provide information to the general public about the sources of microfiber pollution.
(3) Reduce the amount of microfiber that enters the environment and is subsequently consumed by wildlife.

SEC. 2.

 Section 116376.5 is added to the Health and Safety Code, to read:

116376.5.
 (a) On or before July 1, 2020, the state board shall do all of the following:
(1) Adopt a standard methodology to be used in evaluating residential microfiber filtration systems and publish the filtration efficiency of various filtration systems.
(2) Adopt a methodology to quantify the amount of microfibers shed from individual garments and test a representative sample of clothing products to determine the amount of shedding that occurs from different clothing products.
(b) Based on its findings from the actions taken pursuant to subdivision (a), the state board shall identify best practices for clothing manufacturers to reduce the amount of microfibers released into the environment.

SEC. 3.

 Chapter 10 (commencing with Section 119450) is added to Part 15 of Division 104 of the Health and Safety Code, to read:
CHAPTER  10. Microfiber Pollution

119450.
 (a) (1) On or before January 1, 2020, a public entity that uses a laundry system, and a private entity that contracts with a state agency for laundry services, shall install a filtration system to capture microfibers that are shed during washing.
(2) On or before January 1, 2021, a private entity that uses an industrial or commercial laundry system shall install a filtration system to capture microfibers that are shed during washing.
(b) For purposes of this section, the following terms have the following meanings:
(1) “Public entity” means a state agency and a city, county, public district, or other political subdivision of the state.
(2) “State agency” means a state office, officer, department, division, bureau, board, council, commission, or other state agency, including the California State University and the University of California.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.