NY State Senate Bill 2017-S5450

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Mar 29, 2017	referred to environmental conservation

2017-S5450 (ACTIVE) - Details

See Assembly Version of this Bill:: A7374
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, amd §§37-0101 & 71-3703, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S99, A4459

2017-S5450 (ACTIVE) - Summary

Prohibits the sale of cosmetics or cleaning products containing 1,4-Dioxane.

2017-S5450 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5450

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to prohibiting the sale of cosmetics or cleaning products
containing 1,4-Dioxane

 PURPOSE :

To reduce exposure to 1,4-Dioxane, a chemical that the U.S.
Environmental Protection Agency has identified as a "likely carcinogen
to humans."

 SUMMARY OF PROVISIONS :

Section 1 amends the environmental conservation law by adding a new
section 37-0115 as described in the bill.

Section 2 amends the environmental conservation law by adding two new
subdivisions 7 and 8 to Section 37-0101 as described in the bill.

Section 3 amends section 71-3703 of the environmental conservation law
by adding a new subdivision 4 as described in the bill.

 JUSTIFICATION :

Although the Environmental Protection Agency has identified

1,4-Dioxane as "likely carcinogenic to humans" no enforceable federal
regulatory standard exists for this chemical. In addition to being a
likely carcinogen, research has shown it to be persistent and mobile -
characteristics that lend to longterm environmental and public health
risks.

Despite these risks 1,4-Dioxane continues to be found in many consumer
products. It is a chemical stabilizer that is the by-product of a
common processing method used for consumer products, including:
cosmetics, detergents, deodorants, shampoos and baby shampoos. Not
only are these products people utilize on a daily basis, but they are
products that move into local water systems after being washed down
the drain. Communities without larger public water systems face
particular risk of contamination and exposure to this chemical, as
small sewage treatment plants and septic systems are not generally
designed to filter or treat water for 1,4-Dioxane.

Other states have begun to take action in lieu of federal regulatory
standards. Oregon has listed 1,4-Dioxane as a high priority chemical
of concern under its Toxic Free Kids Act, which when fully implemented
will require companies to remove the chemical from the products or
seek a waiver. California's Proposition 65 list of chemicals known to
cause cancer also includes 1,4-Dioxane, requiring a clear and
reasonable warning if resulting exposure would exceed 30 micrograms
per day. New York has no chemical specific standards for 1,4-Dioxane
however, leaving it at the much higher default level for unregulated
contaminants of 50 micrograms per liter.

In the last few years, a number of municipalities and counties around
New York have found elevated levels of 1,4-Dioxane in drinking water
supplies, especially on Long Island. Data from the EPA's Third
Unregulated Contaminant Monitoring Rule (UCMR3) revealed that Long
Island has the highest levels detected in the entire country. In
total, 33 of the 36 public water systems on Long Island included in
the study reported 1,4-Dioxane contamination, with one source in
Hicksville testing as high as 33 micrograms per liter. The EPA's
current drinking water guideline is .35 micrograms per liter.

This bill will reduce the risks to public and environmental health
posed by 1,4-Dioxane, stemming its flow into water systems by ensuring
that its not in the cleaning and cosmetics products New Yorkers use on
a daily basis. Under this bill manufacturers who demonstrate that the
use of a product does not result in exposure and that the removal of
1,4-Dioxane isn't financially or technically feasible can apply for a
one year waiver. Those granted a waiver can thereafter apply for an
additional one year waiver. This bill would further require that any
chemical substituted for 1,4-Dioxane in a product is not a known
carcinogen, developmental toxin, endocrine disrupter or reproductive
toxin, and that it is the least toxic alternative.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
December 31, 2018.

2017-S5450 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5450
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2017
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  sale  of  cosmetics  or cleaning products containing
   1,4-Dioxane

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0115 to read as follows:
 § 37-0115. PROHIBITION OF COSMETICS  AND  CLEANING  PRODUCTS  CONTAINING
              1,4-DIOXANE.
   1.  NO  PERSON  SHALL SELL OR OFFER FOR SALE ANY COSMETICS OR CLEANING
 PRODUCTS CONTAINING 1,4-DIOXANE WITHIN NEW YORK STATE.
   2. A MANUFACTURER OF A PRODUCT PROHIBITED TO BE SOLD  OR  OFFERED  FOR
 SALE PURSUANT TO THIS SECTION SHALL:
   A.  NOT  REPLACE  1,4-DIOXANE  WITH ANOTHER CHEMICAL COMPOUND THAT HAS
 BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
 SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
 MENTAL TOXIN, AN ENDOCRINE DISRUPTER OR A REPRODUCTIVE TOXIN;
   B. USE THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
 1,4-DIOXANE;
   C.  PROVIDE,  TO THE DEPARTMENT PRIOR TO THE MANUFACTURE OF SUCH PROD-
 UCT, INFORMATION ON SUCH LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND; AND
   D. NOT MANUFACTURE SUCH PRODUCT UNTIL THE DEPARTMENT SHALL HAVE CERTI-
 FIED  SUCH  LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND   TO   REPLACE
 1,4-DIOXANE.
   3.  THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
 LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS
 SECTION.
   4. A. A MANUFACTURER OF A PRODUCT THAT IS SUBJECT TO THE PROVISIONS OF
 SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO THE DEPARTMENT FOR A WAIV-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10226-04-7

 S. 5450                             2
 
 ER  OF  THE  REQUIREMENTS  OF SUCH SUBDIVISION FOR A PERIOD OF ONE YEAR,
 UPON PROOF THAT THERE ARE NO AVAILABLE ALTERNATIVES TO 1,4-DIOXANE IN  A
 COSMETICS  OR  CLEANING  PRODUCT  THAT  IS  SUBJECT TO THE PROVISIONS OF
 SUBDIVISION  ONE OF THIS SECTION. AFTER THE GRANTING OF SUCH A WAIVER TO
 A MANUFACTURER, IT MAY THEREAFTER APPLY  FOR  ONE  ADDITIONAL  ONE  YEAR
 WAIVER.  AN  APPLICATION  FOR A WAIVER SHALL INCLUDE, BUT IS NOT LIMITED
 TO:
   (1)  AN  ALTERNATIVES  ASSESSMENT  DEMONSTRATING   THAT   REMOVAL   OF
 1,4-DIOXANE FROM A GIVEN COSMETICS OR CLEANING PRODUCT IS NOT FINANCIAL-
 LY OR TECHNICALLY FEASIBLE; AND
   (2)  A  QUANTITATIVE EXPOSURE ASSESSMENT DEMONSTRATING THAT USE OF THE
 PRODUCT  IS  NOT  REASONABLY  ANTICIPATED  TO  RESULT  IN  EXPOSURE   TO
 1,4-DIOXANE.
   B.  AN  ALTERNATIVES  ASSESSMENT  OR  QUANTITATIVE EXPOSURE ASSESSMENT
 SUBMITTED UNDER THIS SUBDIVISION MUST BE CONDUCTED IN A MANNER  CONSIST-
 ENT  WITH  ANY  GUIDANCE AND FRAMEWORKS FOR SUCH ASSESSMENTS PROVIDED BY
 THE DEPARTMENT AND AS ESTABLISHED BY  THE  UNITED  STATES  ENVIRONMENTAL
 PROTECTION AGENCY AND THE INTERSTATE CHEMICALS CLEARINGHOUSE.
   §  2. Section 37-0101 of the environmental conservation law is amended
 by adding two new subdivisions 7 and 8 to read as follows:
   7. "COSMETICS" INCLUDE, BUT ARE NOT  LIMITED  TO,  MERCHANDISE,  OTHER
 THAN  SOAP, THAT IS INTENDED TO BE RUBBED, POURED, SPRINKLED, OR SPRAYED
 ONTO, INTRODUCED INTO, OR OTHERWISE APPLIED TO THE  HUMAN  BODY  OR  ANY
 PART  THEREOF  FOR  CLEANSING, BEAUTIFYING, PROMOTING ATTRACTIVENESS, OR
 ALTERING THE APPEARANCE OF THE HUMAN BODY OR ANY PART THEREOF.
   8. "CLEANING PRODUCTS" INCLUDE, BUT  ARE  NOT  LIMITED  TO,  HOUSEHOLD
 CLEANSING PRODUCTS AS DEFINED IN SECTION 35-0103 OF THIS CHAPTER, DISIN-
 FECTANTS,  CLEANING  AGENTS, ANTIBACTERIAL SOAPS, HAND SOAPS, BAR SOAPS,
 LIQUID SOAPS, BABY SOAPS, HAND SANITIZERS, SKIN  PURIFYING  WIPES,  BODY
 WASHES, FACIAL AND BODY CLEANSERS, SHAMPOOS, AND CONDITIONERS.
   §  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 37-0115 OF THIS CHAPTER OR ANY RULE
 OR REGULATION PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR  A  CIVIL
 PENALTY  NOT  TO  EXCEED  ONE THOUSAND 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  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES.
   § 4. This act shall take effect December 31, 2018.

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Senate Bill S5450

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S5450 (ACTIVE) - Details

2017-S5450 (ACTIVE) - Summary

2017-S5450 (ACTIVE) - Sponsor Memo

2017-S5450 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5450

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S5450 (ACTIVE) - Details

2017-S5450 (ACTIVE) - Summary

2017-S5450 (ACTIVE) - Sponsor Memo

2017-S5450 (ACTIVE) - Bill Text download pdf

Comments