NY State Senate Bill 2015-S3932

Senate Bill S3932

2015-2016 Legislative Session

Enacts the "microbead-free waters act" to prohibit the sale of personal cosmetic products containing microbeads

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to environmental conservation
Feb 23, 2015	referred to environmental conservation

co-Sponsors

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2015-S3932 (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0909, amd §71-3703, En Con L
Versions Introduced in 2013-2014 Legislative Session:: S7018

2015-S3932 (ACTIVE) - Summary

Enacts the "Microbead-free waters act" to prohibit sale of personal cosmetic products containing microbeads.

2015-S3932 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3932

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the distribution and sale of personal cosmetic products
containing microbeads

PURPOSE OF BILL:

The bill would prohibit the sale of personal cosmetic products which
contain microbeads.

SUMMARY OF PROVISIONS OF BILL:

Section one of the bill provides the legislative intent of title 9 of
article 37 of the environmental conservation law.

Section two amends article 37 of the environmental conservation law by
adding a new title 9 which:

1. establishes the title of the Act as the "Microbead-free Waters
Act";

2. defines the terms "microbead" and "personal cosmetic product";

3. prohibits the sale of personal cosmetic products which contain
micro-beads;

4. vests all matters pertaining to microbeads in personal cosmetic
products with the State; and

5. authorizes the Department of Environmental Conservation to
promulgate rules and regulations to implement Title 9.

Section three amends section 71-3703 of the environmental conservation
law to establish penalties for violations.

Section four is the effective date.

JUSTIFICATION:

New York State has spent a tremendous amount of money to revitalize
and redevelop its waterfronts. Recently, microbeads, a plastic product
often measured to be as small as a grain of sand, have been found in
high concentrations in New York's Great Lakes, as well as in the
Finger Lakes and Mohawk River. The source of this pollution appears to
be the sinks, bathtubs and showers in our own homes. Consumers using
personal cosmetics that contain microbeads, like shampoos, soaps and
toothpastes, are washing away what most believe are harmless consumer
waste. Unfortunately, many of our wastewater treatment plants are
unable, absent costly upgrades, to filter out these tiny plastics.

In response to this new source of pollution, some major corporations
have pledged to phase out the use of microbeads in their personal
cosmetic products. To this end, the Microbead-free Waters Act seeks to
ensure all other personal cosmetic companies follow suit by


prohibiting the distribution, and sale of personal cosmetic products
that contain microbeads.

LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect January 1, 2016.

2015-S3932 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3932

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 23, 2015
                               ___________

Introduced  by  Sen.  O'MARA  -- (at request of the Attorney General) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the distribution and sale of  personal  cosmetic  products
  containing microbeads

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent.   The  legislature  hereby  finds  that
microbeads, a synthetic alternative ingredient to such natural materials
as  ground  almonds,  oatmeal  and  pumice,  found  in  over one hundred
personal cosmetic products, including  facial  cleansers,  shampoos  and
toothpastes, pose a serious threat to New York's environment.
  Microbeads have been documented to collect harmful pollutants, already
present  in  the  environment, and harm fish and other aquatic organisms
that form the base of the aquatic food chain.  Recently, microbeads have
been recorded in New York's water bodies, and in particular, the  waters
of  Lake  Erie. Research has suggested that the majority of these micro-
beads are entering water bodies through disposal down  household  drains
following the use of such personal cosmetic products.
  Without  significant  and  costly  improvements to the majority of New
York's sewage treatment facilities,  microbeads  contained  in  personal
cosmetic  products will continue to pollute New York's waters and hinder
the ongoing efforts to restore the state's lakes and rivers, recreation-
al and commercial fisheries  as  well  as  recent  substantial  economic
investments in redeveloping New York's waterfronts.
  S  2.  Article  37 of the environmental conservation law is amended by
adding a new title 9 to read as follows:
                                 TITLE 9
                               MICROBEADS
SECTION 37-0901. SHORT TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09275-02-5

S. 3932                             2

        37-0903. DEFINITIONS.
        37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
        37-0907. PREEMPTION.
        37-0909. RULES AND REGULATIONS.
S 37-0901. SHORT TITLE.
  THIS  TITLE  SHALL  BE  KNOWN  AND MAY BE CITED AS THE "MICROBEAD-FREE
WATERS ACT."
S 37-0903. DEFINITIONS.
  1. THE TERM "MICROBEAD" SHALL MEAN ANY PLASTIC COMPONENT OF A PERSONAL
COSMETIC PRODUCT MEASURED TO BE FIVE MILLIMETERS OR LESS IN SIZE.
  2. THE TERM "PERSONAL COSMETIC PRODUCT" SHALL  MEAN  ANY  (A)  ARTICLE
INTENDED  TO  BE  RUBBED,  POURED,  SPRINKLED, OR SPRAYED ON, INTRODUCED
INTO, OR OTHERWISE APPLIED TO THE HUMAN BODY OR  ANY  PART  THEREOF  FOR
CLEANSING,   BEAUTIFYING,  PROMOTING  ATTRACTIVENESS,  OR  ALTERING  THE
APPEARANCE, AND (B) ARTICLE INTENDED FOR USE AS A COMPONENT OF ANY  SUCH
ARTICLE.    THE  TERM  "PERSONAL COSMETIC PRODUCT" SHALL NOT INCLUDE ANY
PRODUCT FOR WHICH A PRESCRIPTION IS REQUIRED FOR DISTRIBUTION OR DISPEN-
SATION AS PROVIDED IN SECTION  TWO  HUNDRED  EIGHTY-ONE  OF  THE  PUBLIC
HEALTH  LAW  OR  SECTION SIX THOUSAND EIGHT HUNDRED TEN OF THE EDUCATION
LAW.
S 37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
  NO PERSON SHALL SELL OR OFFER FOR SALE ANY PERSONAL  COSMETIC  PRODUCT
WHICH  CONTAINS  INTENTIONALLY-ADDED  MICROBEADS;  PROVIDED,  HOWEVER, A
PERSONAL COSMETIC PRODUCT THAT IS ALSO REGULATED AS A DRUG BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION MAY BE  SOLD  OR  OFFERED  FOR  SALE
UNTIL JANUARY FIRST, TWO THOUSAND SEVENTEEN.
S 37-0907. PREEMPTION.
  JURISDICTION  IN  ALL MATTERS PERTAINING TO MICROBEADS WHICH ARE REGU-
LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
SIVELY IN THE STATE.
S 37-0909. RULES AND REGULATIONS.
  THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  S 3. Section 71-3703 of the environmental conservation law is  amended
by adding a new subdivision 4 to read as follows:
  4.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY SECTION 37-0905 OF THIS CHAPTER OR ANY  RULE
OR  REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED  DOLLARS  FOR  EACH  DAY
DURING  WHICH  SUCH  VIOLATION  CONTINUES, AND IN ADDITION THERETO, SUCH
PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL
FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A  CIVIL
PENALTY  NOT  TO  EXCEED FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES AND SUCH PERSON MAY BE ENJOINED FROM CONTINUING
SUCH VIOLATION.
  S 4. This act shall take effect January 1, 2016.

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