NY State Senate Bill S1367

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 14, 2019	referred to environmental conservation

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S1367 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0905, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4780
2015-2016: S2745, S3619, S3844, S5585
2017-2018: S742
2021-2022: S2718

S1367 (ACTIVE) - Summary

Prohibits the use of chemical flame retardants on residential upholstered furniture beginning July first, 2020.

S1367 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1367

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the use of chemical flame retardants

 
PURPOSE:

The purpose of this bill is to limit residential exposure to chemical
flame retardants and to increase fire safety.

 
SUMMARY OF PROVISIONS:

Section 1 amends Article 37 of the Environmental Conservation Law by
adding a new Title 9, entitled Chemical Flame Retardants. This title
defines "chemical flame retardants," prohibits the use of chemical flame
retardants, and increases fire safety by requiring manufacturers to
certify, beginning December 1, 2021, that residential upholstered furni-
ture offered for sale in New York meets the requirements of the "open

flame flammability standard."

"Open flame flammability standard" is defined as a standard, developed
pursuant to the 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. The standard must be reviewed no less than ever two
years and include an assessment of the standards used in other states.

The section also authorizes the Department of Environmental Conservation
(DEC) to approve exemptions to the prohibition on the use of chemical
flame retardants upon a determination that the proposed chemical flame
retardant does not pose a risk to human health or the environment.

Section 2 is the effective date.

 
JUSTIFICATION:

The objective of this bill is to prohibit the use of chemical flame
retardants on residential upholstered furniture.because of their propen-
sity to combust with rapidity, as well as their adverse health conse-
quences. These retardants are ineffective in preventing the spread of
fires and, more importantly, when combusted the chemicals that are
released form harmful byproducts that have the potential to affect the
health of firefighters, especially female firefighters.  Recent studies
have shown that approximately 94 percent of couches manufactured after
2005 contain chemical flame retardants. The amount of chemical flame
retardants present in this type of upholstered furniture is capable of
being measured in pounds.

Flame retardant chemicals were added to upholstered furniture in
response to a 1975 California flammability standard study, which was
conducted in response to concerns about the large number of cigarette
fires. However, the increased sale of flame-retardant chemicals has not
eradicated this issue because the chemicals are so ineffective.  The
Chicago Tribune quoted an author of one study as saying, "the fire just
laughs at it."

The vast majority of furniture sold in the United States meets the Cali-
fornia standard due to California's large market share. However, scien-
tific studies have demonstrated that meeting the requirements of the
California standard does not accurately reflect real-world fire behav-
ior. A study conducted by the United States Department of Commerce
National Bureau of Standards found that there were no significant
differences in fire resistance between treated and untreated foams.

Not only are chemical flame retardants ineffective, they pose dangerous
health risks when used daily as well as when ignited.  During normal
use, chemical flame retardants migrate out of furniture and into house-
hold dust. Toddlers typically show three times the level of flame retar-
dants in their blood streams as their parents because of their tendency
to put household items in their mouth. This exposure is on top of what
babies are born with. Furthermore, some chemical retardants are
suspected as carcinogenic. When combusted, chemical flame retardants can
form harmful by-products that have potential adverse health risks to
firefighters. A recent study in San Francisco found that firefighters
had two to three times the rate of flame retardants in their blood
stream than the average. 110 female firefighters in the study experi-
enced a risk of breast cancer that was nearly six times higher than the
general population.

Upholstered furniture can be highly volatile when ignited and has become
a leading cause of firefighter and household deaths because of the rapid
propensity to reach an inflamed, all-consumed stage, called flashover.
Statistics demonstrate that when firefighters are able to arrive at a
scene before the contents of a room have reached flashover, a fire is
able to be contained. This bill prohibits the sale of residential uphol-
stered furniture in New York that becomes fully engulfed and subject to
flashover in less than fifteen minutes from the time it is exposed to a
heat source and prohibits the use of certain chemical flame retardants
that are added to the composition of the furniture. Furthermore, the
chemical flame retardants as stipulated in the legislation, are recog-
nized as posing a danger to both firefighters and citizens because of
their toxic qualities when used every day, as well as their particular
gaseous qualities when inhaled during a fire. For all of the foregoing
reasons it is imperative that this bill is enacted.

 
PRIOR LEGISLATIVE HISTORY:

2018: 742A/A.3368A.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law; provided however, that section 37-0905 shall take effect
June 1, 2021, and the Department of Environmental Conservation may adopt
regulations necessary to implement the act prior to the effective date.

S1367 (ACTIVE) - Bill Text download pdf


                    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
                               ___________

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.

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The New York State Senate

senate Bill S1367

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Co-Sponsors

S1367 (ACTIVE) - Details

S1367 (ACTIVE) - Summary

S1367 (ACTIVE) - Sponsor Memo

S1367 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1367

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Co-Sponsors

S1367 (ACTIVE) - Details

S1367 (ACTIVE) - Summary

S1367 (ACTIVE) - Sponsor Memo

S1367 (ACTIVE) - Bill Text download pdf

Comments