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AB-2214 Ocean Protection Council: microplastics.(2023-2024)

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Date Published: 08/28/2024 09:00 PM
AB2214:v94#DOCUMENT

Enrolled  August 28, 2024
Passed  IN  Senate  August 20, 2024
Passed  IN  Assembly  August 26, 2024
Amended  IN  Senate  June 20, 2024
Amended  IN  Assembly  April 17, 2024
Amended  IN  Assembly  April 04, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2214

Introduced by Assembly Members Bauer-Kahan and McKinnor

February 07, 2024

An act to add and repeal Section 35636 of the Public Resources Code, relating to pollution.


LEGISLATIVE COUNSEL'S DIGEST


AB 2214, Bauer-Kahan. Ocean Protection Council: microplastics.
Existing law, the California Ocean Protection Act, establishes the Ocean Protection Council in state government to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, among other duties. Existing law requires, 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 to adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health.
This bill would require, on or before March 1, 2025, the council to establish and lead an interagency coordination group, and would require the council, in coordination with the interagency coordination group, to identify and recommend to the Legislature, on or before December 31, 2025, statutory changes that are needed to implement the recommendations described in the Statewide Microplastics Strategy, as specified. The bill would require the council, in coordination with the interagency coordination group, to adopt a workplan, on or before December 31, 2025, outlining which participating agencies within the interagency coordination group will implement the recommendations. The bill would require the workplan to be provided to the Legislature on or before December 31, 2025. The bill would repeal these provisions on January 1, 2029.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Plastics are ubiquitous in Californians’ daily lives and are recognized globally as the most harmful and persistent fraction of marine litter, accounting for at least 85 percent of marine waste.
(b) Microplastics can result from the breakdown of plastics, and are pervasive and persistent in marine and terrestrial environments. Microplastics are anticipated to increase by almost 300 percent by 2030.
(c) Research has shown that microplastic exposures can cause adverse health effects, including tissue inflammation, impaired growth, developmental anomalies, and reproductive difficulties.
(d) Synthetic microfibers, shed or fragmented from polyester, nylon, or rayon clothing and textiles, are one of the most abundant and ubiquitous types of microplastics. With global production of synthetic textiles expected to triple by 2050, microfiber pollution in California is expected to continue to grow.
(e) Research has shown that up to 18,000,000 microfibers may be released during every wash cycle. Once released, microfibers travel via wastewater to wastewater treatment plants, where current biosolid application practices result in microfibers entering the environment. It is estimated that in California alone, 4,900,000 pounds of microfibers are generated from apparel washing each year. Without intervention, it is estimated that annual microfiber emissions to California’s natural environments from machine washing of synthetic textiles will continue to increase.
(f) Microplastics pollution does not come within any single agency’s jurisdiction, making interagency coordination a crucial component for effective policy and regulation implementation, and ensuring that California takes a national and global leadership role in managing microplastics pollution.
(g) In response to growing concerns regarding microplastics pollution, the Ocean Protection Council was required by statute to develop a strategy to address microplastics. The final Statewide Microplastics Strategy was published in early 2022 and includes 22 recommendations to reduce and manage microplastics.
(h) California can use state agency expertise and authority to engage in complementary efforts to reduce microplastics pollution and achieve a goal of zero plastic pollution entering state waters by 2030.

SEC. 2.

 Section 35636 is added to the Public Resources Code, to read:

35636.
 (a) On or before March 1, 2025, the council shall establish and lead an interagency coordination group that includes, but is not limited to, representatives from the following agencies:
(1) California Coastal Commission.
(2) California Water Quality Monitoring Council.
(3) Department of Resources Recycling and Recovery.
(4) Department of Toxic Substances Control.
(5) Office of Environmental Health Hazard Assessment.
(6) State Energy Resources Conservation and Development Commission.
(7) State Water Resources Control Board.
(b) (1) On or before December 31, 2025, and pursuant to the requirements of paragraph (6) of subdivision (a) of Section 35615, the council, in coordination with the interagency coordination group, shall identify and recommend to the Legislature statutory changes that are needed to implement the recommendations described in the Statewide Microplastics Strategy published by the Ocean Protection Council dated February 2022.
(2) Pursuant to paragraph (1), the council shall do both of the following:
(A) Identify and recommend statutory changes needed to implement the recommendation to promote, or otherwise require, the sale and use of ENERGY STAR condenser dryers and washing machines with a microfiber filtration system with a mesh size of not greater than 100 micrometers and develop a program to incentivize postmarket retrofits or purchases through rebates and other mechanisms.
(B) Examine the appropriateness of policies and approaches for reducing microplastics pollution that were developed by other states or countries, including definitions and biodegradable standards.
(c) On or before December 31, 2025, the council, in coordination with the interagency coordination group, shall adopt a workplan outlining which participating agencies within the interagency coordination group will implement the recommendations. The workplan shall be provided to the Legislature, in accordance with Section 9795 of the Government Code, on or before December 31, 2025.
(d) The council may satisfy its reporting duties under this section by including the recommended statutory changes and workplan required pursuant to subdivisions (b) and (c) in the report required pursuant to paragraph (2) of subdivision (g) of Section 35635.
(e) The council, in order to accomplish the requirements of this section, may augment a task force or workgroup that has already been formed.
(f) This section shall be implemented by agency personnel within the scope of their duties.
(g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.