|
Rep. Kelly M. Cassidy
Filed: 3/4/2014
| | 09800HB3166ham001 | | LRB098 10150 MGM 55728 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 3166
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 3166 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Environmental Protection Act is amended by |
| 5 | | adding 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 |
|
| | 09800HB3166ham001 | - 2 - | LRB098 10150 MGM 55728 a |
|
|
| 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 |
| 5 | | synthetic alternative ingredient to such natural materials as |
| 6 | | ground almonds, oatmeal, and pumice, found in over 100 personal |
| 7 | | cosmetic products, including facial cleansers, shampoos, and |
| 8 | | toothpastes, pose a serious threat to the State's environment. |
| 9 | | Microbeads have been documented to collect harmful pollutants |
| 10 | | already present in the environment and harm fish and other |
| 11 | | aquatic organisms that form the base of the aquatic food chain. |
| 12 | | Recently, microbeads have been recorded in Illinois water |
| 13 | | bodies, and in particular, the waters of Lake Michigan. |
| 14 | | Research has suggested that the majority of these microbeads |
| 15 | | are entering water bodies through disposal down household |
| 16 | | drains following the use of such personal cosmetic products. |
| 17 | | Without significant and costly improvements to the majority of |
| 18 | | the State's sewage treatment facilities, microbeads contained |
| 19 | | in personal cosmetic products will continue to pollute |
| 20 | | Illinois' waters and hinder the ongoing efforts to restore the |
| 21 | | State's lakes and rivers, recreational and commercial |
| 22 | | fisheries, and recent substantial economic investments in |
| 23 | | redeveloping Illinois' waterfronts. |
| 24 | | (c) No person shall produce, manufacture, sell, or offer |
| 25 | | for sale any personal cosmetic product that contains |
| 26 | | intentionally-added microbeads. |
|
| | 09800HB3166ham001 | - 3 - | LRB098 10150 MGM 55728 a |
|
|
| 1 | | (d) The Illinois Environmental Protection Agency may adopt |
| 2 | | rules necessary to implement the provisions of this Section. |
| 3 | | (e) Any violation of this Section is a business offense |
| 4 | | punishable by a fine not to exceed $2,500 for each day during |
| 5 | | which the violation continues, and the person committing the |
| 6 | | violation may be enjoined from continuing the violation. For a |
| 7 | | second or subsequent violation, the fine may not exceed $5,000 |
| 8 | | for each day during which the violation continues. |
| 9 | | (f) The regulation of products containing microbeads under |
| 10 | | this Section is an exclusive power and function of the State. A |
| 11 | | home rule unit may not regulate the sale of products containing |
| 12 | | microbeads. This Section is a denial and limitation of home |
| 13 | | rule powers and
functions under subsection (h) of Section 6 of |
| 14 | | Article VII of the Illinois
Constitution.
|
| 15 | | Section 99. Effective date. This Act takes effect December |
| 16 | | 31, 2015.".
|