SB2727sam001 98TH GENERAL ASSEMBLY

Sen. Heather A. Steans

Filed: 3/14/2014

09800SB2727sam001 LRB098 18329 MGM 55943 a

AMENDMENT TO SENATE BILL 2727

AMENDMENT NO. ______. Amend Senate Bill 2727 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 52.5 as follows:

(415 ILCS 5/52.5 new)

Sec. 52.5. Microbead-free waters.

(a) As used in this Section:

"Microbead" means any plastic component of a personal cosmetic product measured to be 5 millimeters or less in size.

"Personal cosmetic product" means any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and any article intended for use as a component of any such article. "Personal cosmetic product" does not include any product for which a prescription is required.

(b) The General Assembly hereby finds that microbeads, a synthetic alternative ingredient to such natural materials as ground almonds, oatmeal, and pumice, found in over 100 personal cosmetic products, including facial cleansers, shampoos, and toothpastes, pose a serious threat to the State's environment. Microbeads have been documented to collect harmful pollutants already present in the environment and harm fish and other aquatic organisms that form the base of the aquatic food chain. Recently, microbeads have been recorded in Illinois water bodies, and in particular, the waters of Lake Michigan. Research has suggested that the majority of these microbeads are entering water bodies through disposal down household drains following the use of such personal cosmetic products. Without significant and costly improvements to the majority of the State's sewage treatment facilities, microbeads contained in personal cosmetic products will continue to pollute Illinois' waters and hinder the ongoing efforts to restore the State's lakes and rivers, recreational and commercial fisheries, and recent substantial economic investments in redeveloping Illinois' waterfronts.

(c) No person shall produce, manufacture, sell, or offer for sale any personal cosmetic product that contains intentionally-added microbeads.

(d) The Illinois Environmental Protection Agency may adopt rules necessary to implement the provisions of this Section.

(e) Any violation of this Section is a business offense punishable by a fine not to exceed $2,500 for each day during which the violation continues, and the person committing the violation may be enjoined from continuing the violation. For a second or subsequent violation, the fine may not exceed $5,000 for each day during which the violation continues.

(f) The regulation of products containing microbeads under this Section is an exclusive power and function of the State. A home rule unit may not regulate the sale of products containing microbeads. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 99. Effective date. This Act takes effect December 31, 2015.".