S T A T E O F N E W Y O R K
________________________________________________________________________
1367
2019-2020 Regular Sessions
I N S E N A T E
January 14, 2019
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Introduced by Sens. RITCHIE, BAILEY, BENJAMIN, BRESLIN, BROOKS, CARLUC-
CI, COMRIE, FELDER, FUNKE, GALLIVAN, GIANARIS, HOYLMAN, KAMINSKY,
KAVANAGH, KRUEGER, MAYER, RIVERA, ROBACH, SAVINO, SEPULVEDA, STAVISKY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the use of chemical flame retardants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 37 of the environmental conservation law is
amended by adding a new title 9 to read as follows:
TITLE 9
CHEMICAL FLAME RETARDANTS
SECTION 37-0901. DEFINITIONS.
37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS.
37-0905. INCREASED FIRE SAFETY.
§ 37-0901. DEFINITIONS. AS USED IN THIS TITLE:
1. "CHEMICAL FLAME RETARDANTS" SHALL MEAN ANY HALOGENATED CHEMICAL
FLAME RETARDANT, INCLUDING BUT NOT LIMITED TO TDCPP TRIS (1, 3 DICHOLO-
RO-2-PROPYL) PHOSPHATE, AND ANY PHOSPHORUS-BROMINE FLAME RETARDANTS.
2. "RESIDENTIAL UPHOLSTERED FURNITURE" SHALL MEAN A SOFA, LOVESEAT,
CHAIR, OTTOMAN, FOOTSTOOL, OR OTHER ITEM OF FURNITURE, INTENDED FOR
INDOOR USE IN A HOME THAT CONSISTS, IN WHOLE OR IN PART, OF LEATHER,
PLASTIC, FABRIC OR OTHER MATERIAL THAT CONTAINS COTTON, WOOL, POLYURE-
THANE OR OTHER NATURAL OR SYNTHETIC MATERIAL THAT IS PLACED IN CUSHIONS
OR ON THE FRAME OF THE FURNITURE.
§ 37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS.
1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY, NO PERSON, FIRM, PART-
NERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPORATION SHALL
SELL OR OFFER FOR SALE ANY RESIDENTIAL UPHOLSTERED FURNITURE THAT
CONTAINS CHEMICAL FLAME RETARDANTS INTENTIONALLY-ADDED IN ORDER TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03674-01-9
S. 1367 2
PROVIDE A SPECIFIC CHARACTERISTIC, APPEARANCE OR QUALITY, TO PERFORM A
SPECIFIC FUNCTION, OR FOR ANY OTHER PURPOSE.
2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF RESIDENTIAL UPHOLSTERED FURNITURE RESOLD OR OFFERED FOR
RESALE, OR DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
§ 37-0905. INCREASED FIRE SAFETY.
1. BEGINNING DECEMBER FIRST, TWO THOUSAND TWENTY-TWO, EACH MANUFACTUR-
ER OF RESIDENTIAL UPHOLSTERED FURNITURE THAT IS SOLD OR OFFERED FOR SALE
IN THE STATE SHALL CERTIFY TO THE DEPARTMENT THAT ANY RESIDENTIAL UPHOL-
STERED FURNITURE SOLD OR OFFERED FOR SALE IN THE STATE MEETS THE
REQUIREMENTS OF THE OPEN FLAME FLAMMABILITY STANDARD.
2. A. FOR PURPOSES OF THIS SECTION, "OPEN FLAME FLAMMABILITY STANDARD"
SHALL MEAN A STANDARD, DEVELOPED PURSUANT TO RULES AND REGULATIONS OF
THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF FIRE PREVENTION AND
CONTROL, REQUIRING RESIDENTIAL UPHOLSTERED FURNITURE TO NOT LEAD TO
FLASHOVER FOR AT LEAST FIFTEEN MINUTES OF TIME. SUCH STANDARD SHALL BE
REVIEWED FOR EFFECTIVENESS NO LESS THAN EVERY TWO YEARS, WITH SUCH
REVIEW INCLUDING, AT A MINIMUM, EXAMINATION OF THE STANDARDS USED IN
OTHER STATES.
B. FOR THE PURPOSES OF THIS SECTION "FLASHOVER" SHALL MEAN THE POINT
AT WHICH ALL EXPOSED SURFACES OF THE RESIDENTIAL UPHOLSTERED FURNITURE
REACH IGNITION TEMPERATURES AND FIRE SPREADS RAPIDLY.
C. FOR THE PURPOSES OF THIS SECTION "MANUFACTURER" SHALL MEAN A
PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR
CORPORATION THAT ASSEMBLES OR SUBSTANTIALLY ASSEMBLES RESIDENTIAL UPHOL-
STERED FURNITURE FOR SALE IN THE STATE OR IMPORTS RESIDENTIAL UPHOL-
STERED FURNITURE FOR SALE IN THE STATE.
3. THE DEPARTMENT MAY, FOLLOWING PUBLIC HEARINGS, ADOPT RULES AND
REGULATIONS AUTHORIZING AN EXEMPTION TO SUBDIVISION ONE OF SECTION
37-0903 OF THIS TITLE UPON A DETERMINATION BY THE COMMISSIONER THAT THE
PROPOSED CHEMICAL FLAME RETARDANT WILL NOT NEGATIVELY AFFECT HUMAN
HEALTH OR THE ENVIRONMENT. SUCH DETERMINATION MAY ONLY BE MADE AFTER THE
COMPLETION OF A COMPREHENSIVE HEALTH IMPACT ASSESSMENT CONDUCTED BY THE
DEPARTMENT OF HEALTH, FOLLOWING A MODEL RECOMMENDED BY THE CENTERS FOR
DISEASE CONTROL AND PREVENTION.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law; provided however, that section 37-0905 of the envi-
ronmental conservation law as added by section one of this act shall
take effect June 1, 2022; provided, however, that the commissioner of
environmental conservation is authorized and directed to promulgate any
rules and regulations necessary to implement the provisions of this act
on or before such effective date.