Illinois General Assembly - Full Text of SB2727
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Full Text of SB2727  98th General Assembly


Sen. Heather A. Steans

Filed: 3/14/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2727 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Environmental Protection Act is amended by
5adding Section 52.5 as follows:
6    (415 ILCS 5/52.5 new)
7    Sec. 52.5. Microbead-free waters.
8    (a) As used in this Section:
9        "Microbead" means any plastic component of a personal
10    cosmetic product measured to be 5 millimeters or less in
11    size.
12        "Personal cosmetic product" means any article intended
13    to be rubbed, poured, sprinkled, or sprayed on, introduced
14    into, or otherwise applied to the human body or any part
15    thereof for cleansing, beautifying, promoting
16    attractiveness, or altering the appearance, and any



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1    article intended for use as a component of any such
2    article. "Personal cosmetic product" does not include any
3    product for which a prescription is required.
4    (b) The General Assembly hereby finds that microbeads, a
5synthetic alternative ingredient to such natural materials as
6ground almonds, oatmeal, and pumice, found in over 100 personal
7cosmetic products, including facial cleansers, shampoos, and
8toothpastes, pose a serious threat to the State's environment.
9Microbeads have been documented to collect harmful pollutants
10already present in the environment and harm fish and other
11aquatic organisms that form the base of the aquatic food chain.
12Recently, microbeads have been recorded in Illinois water
13bodies, and in particular, the waters of Lake Michigan.
14Research has suggested that the majority of these microbeads
15are entering water bodies through disposal down household
16drains following the use of such personal cosmetic products.
17Without significant and costly improvements to the majority of
18the State's sewage treatment facilities, microbeads contained
19in personal cosmetic products will continue to pollute
20Illinois' waters and hinder the ongoing efforts to restore the
21State's lakes and rivers, recreational and commercial
22fisheries, and recent substantial economic investments in
23redeveloping Illinois' waterfronts.
24    (c) No person shall produce, manufacture, sell, or offer
25for sale any personal cosmetic product that contains
26intentionally-added microbeads.



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1    (d) The Illinois Environmental Protection Agency may adopt
2rules necessary to implement the provisions of this Section.
3    (e) Any violation of this Section is a business offense
4punishable by a fine not to exceed $2,500 for each day during
5which the violation continues, and the person committing the
6violation may be enjoined from continuing the violation. For a
7second or subsequent violation, the fine may not exceed $5,000
8for each day during which the violation continues.
9    (f) The regulation of products containing microbeads under
10this Section is an exclusive power and function of the State. A
11home rule unit may not regulate the sale of products containing
12microbeads. This Section is a denial and limitation of home
13rule powers and functions under subsection (h) of Section 6 of
14Article VII of the Illinois Constitution.
15    Section 99. Effective date. This Act takes effect December
1631, 2015.".