Enacts the "Microbead-free waters Act" to prohibit the sale of personal cosmetic products containing microbeads

31 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Phil Boyle
• Neil D. Breslin
• David Carlucci
• Ruben Diaz
• Martin Malavé Dilan
• Adriano Espaillat
• Michael Gianaris
• Terry Gipson
• Ruth Hassell-Thompson
• Brad Hoylman-Sigal
• Timothy M. Kennedy
• Liz Krueger
• William J. Larkin Jr.
• George Latimer
• Kenneth P. LaValle
• Velmanette Montgomery
• Ted O'Brien
• Kevin S. Parker
• José Peralta
• Bill Perkins
• Patty Ritchie
• Gustavo Rivera
• Joseph E. Robach
• James Sanders Jr.
• José M. Serrano
• Daniel L. Squadron
• Toby Ann Stavisky
• Cecilia Tkaczyk
• David J. Valesky

BILL NUMBER:S7018A

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 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. permits manufacturer's to apply and the department of environmental conservation to grant an exemption for microbeads that safely biodegrade in water;

6. authorizes the Department of Environmental Conservation to promulgate rules and regulations to implement Title 9.

Section two amends section 71-3703 of the environmental conservation law to establish penalties for violations.

Section three contains the effective dates.

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 December 31, 2016.