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A08744 Summary:

BILL NO    A08744 

SAME AS    SAME AS S07018

SPONSOR    Sweeney (MS)

COSPNSR    Schimel, Peoples-Stokes, Jaffee, Kavanagh, Otis, Englebright,
           Zebrowski, Rosenthal, Fahy, Lifton, Kearns, Nojay, Weprin, Colton,
           Lupardo, Jacobs, Clark, Ryan

MLTSPNSR   Galef, Glick, Montesano, 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 manufacture,
distribution and sale of personal cosmetic products containing microbeads.
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A08744 Text:

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

                                         8744

                                 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 -- Multi-Sponsored by -- M.  of  A.  GLICK,  ROSENTHAL,
         STIRPE  --  (at  request  of  the  Department of Law) -- read once and
         referred to the Committee on Environmental Conservation

       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:
   21                                   TITLE 9
   22                                 MICROBEADS
   23  SECTION 37-0901. SHORT TITLE.
   24          37-0903. DEFINITIONS.
   25          37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13258-11-4
       A. 8744                             2

    1          37-0907. PREEMPTION.
    2          37-0909. RULES AND REGULATIONS.
    3  S 37-0901. SHORT TITLE.
    4    THIS  TITLE  SHALL  BE  KNOWN  AND MAY BE CITED AS THE "MICROBEAD-FREE
    5  WATERS ACT."
    6  S 37-0903. DEFINITIONS.
    7    1. THE TERM "MICROBEAD" SHALL MEAN ANY PLASTIC COMPONENT OF A PERSONAL
    8  COSMETIC PRODUCT MEASURED TO BE FIVE MILLIMETERS OR LESS IN SIZE.
    9    2. THE TERM "PERSONAL COSMETIC PRODUCT" SHALL  MEAN  ANY  (A)  ARTICLE
   10  INTENDED  TO  BE  RUBBED,  POURED,  SPRINKLED, OR SPRAYED ON, INTRODUCED
   11  INTO, OR OTHERWISE APPLIED TO THE HUMAN BODY OR  ANY  PART  THEREOF  FOR
   12  CLEANSING,   BEAUTIFYING,  PROMOTING  ATTRACTIVENESS,  OR  ALTERING  THE
   13  APPEARANCE, AND (B) ARTICLE INTENDED FOR USE AS A COMPONENT OF ANY  SUCH
   14  ARTICLE.    THE  TERM  "PERSONAL COSMETIC PRODUCT" SHALL NOT INCLUDE ANY
   15  PRODUCT FOR WHICH A PRESCRIPTION IS REQUIRED FOR DISTRIBUTION OR DISPEN-
   16  SATION AS PROVIDED IN SECTION  TWO  HUNDRED  EIGHTY-ONE  OF  THE  PUBLIC
   17  HEALTH  LAW  OR  SECTION SIX THOUSAND EIGHT HUNDRED TEN OF THE EDUCATION
   18  LAW.
   19  S 37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
   20    NO PERSON SHALL PRODUCE, MANUFACTURE,  SELL  OR  OFFER  FOR  SALE  ANY
   21  PERSONAL COSMETIC PRODUCT WHICH CONTAINS INTENTIONALLY-ADDED MICROBEADS.
   22  S 37-0907. PREEMPTION.
   23    JURISDICTION  IN  ALL MATTERS PERTAINING TO MICROBEADS WHICH ARE REGU-
   24  LATED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL  BE  VESTED  EXCLU-
   25  SIVELY IN THE STATE.
   26  S 37-0909. RULES AND REGULATIONS.
   27    THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
   28  AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   29    S 3. Section 71-3703 of the environmental conservation law is  amended
   30  by adding a new subdivision 4 to read as follows:
   31    4.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
   32  PERFORM ANY DUTY IMPOSED BY SECTION 37-0905 OF THIS CHAPTER OR ANY  RULE
   33  OR  REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A CIVIL
   34  PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED  DOLLARS  FOR  EACH  DAY
   35  DURING  WHICH  SUCH  VIOLATION  CONTINUES, AND IN ADDITION THERETO, SUCH
   36  PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL
   37  FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A  CIVIL
   38  PENALTY  NOT  TO  EXCEED FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
   39  SUCH VIOLATION CONTINUES AND SUCH PERSON MAY BE ENJOINED FROM CONTINUING
   40  SUCH VIOLATION.
   41    S 4. This act shall take effect December 31, 2015.
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