NY State Senate Bill 2019-S99

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 08, 2020	referred to environmental conservation
Jan 09, 2019	referred to environmental conservation

co-Sponsors

2019-S99 (ACTIVE) - Details

See Assembly Version of this Bill:: A4459
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 2017-2018 Legislative Session:: S5450, A7374

2019-S99 (ACTIVE) - Summary

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

2019-S99 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S99

SPONSOR: KAMINSKY
 
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.  Environ-
mental 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 carci-
nogen, research has shown it to be persistent and mobile - character-
istics 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. Commu-
nities 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 warn-
ing 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 Unregu-
lated 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 carci-
nogen, developmental toxin, endocrine disrupter or reproductive toxin,
and that it is the least toxic alternative.

 
LEGISLATIVE HISTORY:

S.5450- 2017/2018

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
December 31, 2020.

2019-S99 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    99
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.

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

                                                            LBD03419-01-9

 S. 99                               2
 
   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-
 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, 2020.

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Senate Bill S99

Sponsored By

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

co-Sponsors

2019-S99 (ACTIVE) - Details

2019-S99 (ACTIVE) - Summary

2019-S99 (ACTIVE) - Sponsor Memo

2019-S99 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S99

Share this bill

Sponsored By

Todd Kaminsky

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

co-Sponsors

James Gaughran

Anna M. Kaplan

Kevin Thomas

2019-S99 (ACTIVE) - Details

2019-S99 (ACTIVE) - Summary

2019-S99 (ACTIVE) - Sponsor Memo

2019-S99 (ACTIVE) - Bill Text download pdf

Comments