NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5896
SPONSOR: Schimel (MS)
 
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 cosmet-
ics that contain microbeads, like shampoos, soaps and toothpastes, are
washing away what most believe are harmless consumer waste. Unfortu-
nately, many of our wastewater treatment plants are unable, absent cost-
ly 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.