A08744 Summary:

BILL NO    A08744A

SAME AS    No same as 

SPONSOR    Sweeney (MS)

COSPNSR    Schimel, Peoples-Stokes, Jaffee, Kavanagh, Otis, Englebright,
           Zebrowski, Rosenthal, Fahy, Lifton, Kearns, Nojay, Weprin, Colton,
           Lupardo, Jacobs, Clark, Ryan, Rozic, Cusick, Abinanti, Ortiz,
           Barrett, Titone, Hevesi, Paulin, Buchwald, Gottfried

MLTSPNSR   Crespo, Galef, Glick, Montesano, Mosley, O'Donnell, Perry, Stirpe

Add Art 37 Title 9 SS37-0901 - 37-0909, amd S71-3703, En Con L

Enacts the "Microbead-free waters act" to prohibit the sale of personal
cosmetic products containing microbeads.
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A08744 Actions:

BILL NO    A08744A

02/11/2014 referred to environmental conservation
02/26/2014 reported referred to codes
03/04/2014 reported 
03/06/2014 advanced to third reading cal.490
04/29/2014 amended on third reading 8744a
05/05/2014 passed assembly
05/05/2014 delivered to senate
05/05/2014 REFERRED TO ENVIRONMENTAL CONSERVATION
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A08744 Votes:

A08744A05/05/2014 131/0
AbbateYCorwinYGlickYLavineYNolanERRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksYRussellYWalterY
ArroyoYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteY
AubryYCurranYGottfriYLopezYOrtizYSaladinYWeisenbER
BarclayYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BenedetYDavilaYHawleyYMageeYPalumboERSchimelYZebrowsY
BlankenYDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveER
BraunstYDiPietrYHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindERMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatYKatzERMillerYRamosYSteckY
CahillYFriendERKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerYMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyERRodriguERTenneyY
ColtonYGiglioYKolbYMoyaYRosaYThieleY
CookYGjonajYLalorYNojayYRosenthYTitoneY

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A08744 Memo:

BILL NUMBER:A8744A

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

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

SUMMARY OF PROVISIONS:

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
microbeads;

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 the Great Lakes. 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, 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 manufacture, distribution, and sale of personal
cosmetic products that contain microbeads.

LEGISLATIVE HISTORY:  This is new legislation.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE:  This act shall take effect January 1, 2016.
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A08744 Text:

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

                                        8744--A
                                                               Cal. No. 490

                                 I N  A S S E M B L Y

                                   February 11, 2014
                                      ___________

       Introduced  by  M.  of  A.  SWEENEY,  SCHIMEL,  PEOPLES-STOKES,  JAFFEE,
         KAVANAGH,  OTIS,  ENGLEBRIGHT,  ZEBROWSKI,  ROSENTHAL,  FAHY,  LIFTON,
         KEARNS,  NOJAY, WEPRIN, COLTON, LUPARDO, JACOBS, CLARK, RYAN -- Multi-
         Sponsored by -- M. of A.  GALEF, GLICK, MONTESANO,  PERRY,  STIRPE  --
         (at request of the Department of Law) -- read once and referred to the
         Committee  on  Environmental  Conservation -- reported and referred to
         the Committee on Codes -- reported from committee, advanced to a third
         reading, amended and ordered reprinted, retaining  its  place  on  the
         order of third reading

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

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

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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13258-14-4
       A. 8744--A                          2

    1                                   TITLE 9
    2                                 MICROBEADS
    3  SECTION 37-0901. SHORT TITLE.
    4          37-0903. DEFINITIONS.
    5          37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
    6          37-0907. PREEMPTION.
    7          37-0909. RULES AND REGULATIONS.
    8  S 37-0901. SHORT TITLE.
    9    THIS  TITLE  SHALL  BE  KNOWN  AND MAY BE CITED AS THE "MICROBEAD-FREE
   10  WATERS ACT."
   11  S 37-0903. DEFINITIONS.
   12    1. THE TERM "MICROBEAD" SHALL MEAN ANY PLASTIC COMPONENT OF A PERSONAL
   13  COSMETIC PRODUCT MEASURED TO BE FIVE MILLIMETERS OR LESS IN SIZE.
   14    2. THE TERM "PERSONAL COSMETIC PRODUCT" SHALL  MEAN  ANY  (A)  ARTICLE
   15  INTENDED  TO  BE  RUBBED,  POURED,  SPRINKLED, OR SPRAYED ON, INTRODUCED
   16  INTO, OR OTHERWISE APPLIED TO THE HUMAN BODY OR  ANY  PART  THEREOF  FOR
   17  CLEANSING,   BEAUTIFYING,  PROMOTING  ATTRACTIVENESS,  OR  ALTERING  THE
   18  APPEARANCE, AND (B) ARTICLE INTENDED FOR USE AS A COMPONENT OF ANY  SUCH
   19  ARTICLE.    THE  TERM  "PERSONAL COSMETIC PRODUCT" SHALL NOT INCLUDE ANY
   20  PRODUCT FOR WHICH A PRESCRIPTION IS REQUIRED FOR DISTRIBUTION OR DISPEN-
   21  SATION AS PROVIDED IN SECTION  TWO  HUNDRED  EIGHTY-ONE  OF  THE  PUBLIC
   22  HEALTH  LAW  OR  SECTION SIX THOUSAND EIGHT HUNDRED TEN OF THE EDUCATION
   23  LAW.
   24  S 37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
   25    NO PERSON SHALL SELL OR OFFER FOR SALE ANY PERSONAL  COSMETIC  PRODUCT
   26  WHICH  CONTAINS  INTENTIONALLY-ADDED  MICROBEADS;  PROVIDED,  HOWEVER, A
   27  PERSONAL COSMETIC PRODUCT THAT IS ALSO REGULATED AS A DRUG BY THE UNITED
   28  STATES FOOD AND DRUG ADMINISTRATION MAY BE  SOLD  OR  OFFERED  FOR  SALE
   29  UNTIL JANUARY FIRST, TWO THOUSAND SEVENTEEN.
   30  S 37-0907. PREEMPTION.
   31    JURISDICTION  IN  ALL MATTERS PERTAINING TO MICROBEADS WHICH ARE REGU-
   32  LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
   33  SIVELY IN THE STATE.
   34  S 37-0909. RULES AND REGULATIONS.
   35    THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
   36  AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   37    S 3. Section 71-3703 of the environmental conservation law is  amended
   38  by adding a new subdivision 4 to read as follows:
   39    4.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
   40  PERFORM ANY DUTY IMPOSED BY SECTION 37-0905 OF THIS CHAPTER OR ANY  RULE
   41  OR  REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A CIVIL
   42  PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED  DOLLARS  FOR  EACH  DAY
   43  DURING  WHICH  SUCH  VIOLATION  CONTINUES, AND IN ADDITION THERETO, SUCH
   44  PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL
   45  FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A  CIVIL
   46  PENALTY  NOT  TO  EXCEED FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
   47  SUCH VIOLATION CONTINUES AND SUCH PERSON MAY BE ENJOINED FROM CONTINUING
   48  SUCH VIOLATION.
   49    S 4. This act shall take effect January 1, 2016.
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