NY State Senate Bill 2019-S8214

Senate Bill S8214

2019-2020 Legislative Session

Relates to the regulation of chemicals in upholstered furniture, mattresses and electronic enclosures

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2020	referred to environmental conservation

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2019-S8214 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 10 §§37-1001 - 37-1011, amd §71-3703, En Con L

2019-S8214 (ACTIVE) - Summary

Relates to the regulation of chemicals in upholstered furniture, mattresses and electronic enclosures; bans the use of certain flame retardant chemicals in furniture, juvenile products, and mattresses; bans the use of certain flame retardant chemicals in electronic casings.

2019-S8214 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8214

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
regulation of chemicals in upholstered furniture, mattresses and elec-
tronic enclosures

 
PURPOSE:

To prohibit the use of hazardous chemicals contained in flame retardants
to be used in upholstered furniture, mattresses, and electronic enclo-
sures.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law to define the appro-
priate terms, including halogenated chemical, organophosphorus chemical,
and organonitrogen chemical.  The bill prohibits the sale of any new
juvenile products, mattresses, or upholstered furniture that contain an

identified flame retardant chemical at levels above 1,000 parts per
million (ppm). Beginning January 1, 2023, the bill prohibits the sale of
electronic displays containing organohalogen flame retardant chemicals.

The bill makes certain exemptions to the prohibition, including elec-
tronic components of the regulated materials, furniture components other
than those identified in subdivision one, mattress stitching, and adult
mattress components other than foam.

Section 2 amends the environmental conservation law to apply civil
penalties to individuals who violate section 1, providing a civil penal-
ty of up to $1,000 per day that the violation continues for the first
offense and up to $2,500 per day for the second offense.

Section 3 is the effective date.

 
JUSTIFICATION:

Flame Retardants are a class of chemicals added to furniture, electron-
ics, and building materials intended to help prevent fires.  However,
many flame retardants are associated with adverse health effects in
animals and humans, including negative impacts on the immune system,
infertility, cancer, and adverse effects on fetal and child development.
Children are extremely susceptible to exposure to dangerous chemicals
contained in flame retardants, in large part due to their developing
body systems, size, behaviors, and metabolic capabilities. Flame retar-
dant chemicals are also difficult to break down, meaning they can remain
persistent in the environment or a home for years.

Scientists have found that some of these flame retardants may cause the
undesirable effect of increasing the amounts of carbon monoxide and
hydrogen cyanide released during combustion. These gases, not the ther-
mal effects of burns on the body, can be the number one reason a person
loses their life in a fire. By implementing a restriction on the sale of
certain products containing identifiably dangerous flame retardant chem-
icals, will ensure New Yorkers, and their children, are not exposed to
hazardous toxins. Further, it will help protect firefighters from being

exposed to these chemicals when they are putting their lives on the line
to suppress fires.

States like California, Minnesota, Washington, and others have undertak-
en similar actions on banning the use of flame retardant chemicals in
mattresses and furniture. The European Union has gone even further and
adopted regulations to ban organohalogen flame retardants in televisions
and other electronic displays. It is therefore senseless to allow these
chemicals to continue to be used in New York in light of their negative
effect on people's health and development.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediate.

2019-S8214 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8214
 
                             I N  S E N A T E
 
                              April 22, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  the
   regulation of chemicals in upholstered furniture, mattresses and elec-
   tronic enclosures
 
   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 10 to read as follows:
 
                                  TITLE X
       REGULATION OF CHEMICALS IN UPHOLSTERED FURNITURE, MATTRESSES
                         AND ELECTRONIC ENCLOSURES
 SECTION 37-1001. DEFINITIONS.
         37-1003. FURNITURE, JUVENILE PRODUCTS, AND MATTRESSES. 
         37-1005. EXEMPTIONS.
         37-1007. ELECTRONIC CASINGS.
         37-1009. SEVERABILITY.
         37-1011. EFFECT ON OTHER LAWS.
 § 37-1001. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "COVERED FLAME RETARDANT CHEMICAL" MEANS ANY  CHEMICAL  THAT  MEETS
 BOTH OF THE FOLLOWING CRITERIA:
   (A)  A  FUNCTIONAL  USE  FOR  THE CHEMICAL IS TO RESIST OR INHIBIT THE
 SPREAD OF FIRE OR AS A SYNERGIST TO CHEMICALS THAT RESIST OR INHIBIT THE
 SPREAD OF FIRE; AND
   (B) THE CHEMICAL IS ONE OF THE FOLLOWING: A  HALOGENATED,  ORGANOPHOS-
 PHORUS, ORGANONITROGEN, OR NANOSCALE CHEMICAL. AS USED IN THIS TITLE:
   (I)  "HALOGENATED  CHEMICAL" IS ANY CHEMICAL THAT CONTAINS ONE OR MORE
 HALOGEN ELEMENTS, INCLUDING FLUORINE, CHLORINE, BROMINE, OR IODINE.
   (II) "ORGANOPHOSPHORUS CHEMICAL" IS ANY CHEMICAL THAT CONTAINS ONE  OR
 MORE CARBON ELEMENTS AND ONE OR MORE PHOSPHORUS ELEMENTS.
   (III)  "ORGANONITROGEN  CHEMICAL" IS ANY CHEMICAL THAT CONTAINS ONE OR
 MORE CARBON ELEMENTS AND ONE OR MORE NITROGEN ELEMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15863-02-0

 S. 8214                             2
 
   2. "CUSTOM UPHOLSTERER" MEANS A  PERSON  WHO,  EITHER  BY  HIMSELF  OR
 HERSELF OR THROUGH EMPLOYEES OR AGENTS, REPAIRS, REUPHOLSTERS, RECOVERS,
 RESTORES,  OR  RENEWS  UPHOLSTERED  FURNITURE, OR WHO MAKES TO ORDER AND
 SPECIFICATION OF THE USER ANY ARTICLE OF UPHOLSTERED RESIDENTIAL  FURNI-
 TURE, USING EITHER NEW MATERIALS OR OWNER'S MATERIALS.
   3.  "ELECTRONIC  DISPLAY"  MEANS A DISPLAY SCREEN AND ASSOCIATED ELEC-
 TRONICS THAT, AS ITS PRIMARY FUNCTION, DISPLAYS VISUAL INFORMATION  FROM
 WIRED OR WIRELESS SOURCES.
   4.  "JUVENILE  PRODUCT" MEANS A CONSUMER PRODUCT DESIGNED FOR RESIDEN-
 TIAL USE BY INFANTS AND CHILDREN UNDER TWELVE YEARS OF  AGE,  INCLUDING,
 BUT  NOT LIMITED TO, A BASSINET, BOOSTER SEAT, CHANGING PAD, FLOOR PLAY-
 MAT, HIGHCHAIR, HIGHCHAIR PAD, INFANT BOUNCER,  INFANT  CARRIER,  INFANT
 SEAT,  INFANT SWING, INFANT WALKER, NURSING PAD, NURSING PILLOW, PLAYPEN
 SIDE PAD, PLAYARD, PORTABLE HOOK-ON CHAIR, STROLLER, AND CHILDREN'S  NAP
 MAT.  A  JUVENILE  PRODUCT  SHALL  NOT MEAN (A) A FOOD OR BEVERAGE OR AN
 ADDITIVE TO A FOOD OR BEVERAGE REGULATED BY THE UNITED STATES  FOOD  AND
 DRUG ADMINISTRATION; (B) A DRUG, BIOLOGIC OR MEDICAL DEVICE REGULATED BY
 THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
   5. "MATTRESS" HAS THE SAME DEFINITION AS THAT TERM IS DEFINED IN
   SECTION 1632.1 OF TITLE 16 OF THE CODE OF FEDERAL REGULATIONS.
   6.  "ORGANOHALOGEN  FLAME  RETARDANT  CHEMICAL"  MEANS A CHEMICAL THAT
 CONTAINS ONE OR MORE HALOGEN  ELEMENTS,  INCLUDING  FLUORINE,  CHLORINE,
 BROMINE, OR IODINE, BONDED TO CARBON.
   7.  "REUPHOLSTERED  FURNITURE"  MEANS FURNITURE WHOSE ORIGINAL FABRIC,
 PADDING, DECKING, BARRIER MATERIAL, FOAM, OR OTHER RESILIENT FILLING HAS
 BEEN REPLACED BY A CUSTOM UPHOLSTERER, THAT HAS NOT BEEN SOLD SINCE  THE
 TIME OF THE REPLACEMENT.
   8. "UPHOLSTERED FURNITURE" MEANS ANY ITEM OF FURNITURE, THAT CONSISTS,
 IN  WHOLE OR IN PART, OF LEATHER, PLASTIC, FABRIC OR OTHER MATERIAL THAT
 CONTAINS COTTON, WOOL, POLYURETHANE OR OTHER NATURAL OR SYNTHETIC  MATE-
 RIAL THAT IS PLACED IN CUSHIONS OR ON THE FRAME OF THE FURNITURE.
   9.  "UPHOLSTERED OR REUPHOLSTERED FURNITURE COMPONENT" MEANS THE SEPA-
 RATE CONSTITUENT PARTS  OF  UPHOLSTERED  FURNITURE,  SPECIFICALLY  COVER
 FABRICS,  BARRIER  MATERIALS,  RESILIENT  FILLING MATERIALS, AND DECKING
 MATERIALS.
 § 37-1003. FURNITURE, JUVENILE PRODUCTS, AND MATTRESSES.
   1. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-TWO, NO PERSON SHALL SELL
 OR OFFER FOR SALE IN THE STATE OF  NEW  YORK  ANY  NEW,  NOT  PREVIOUSLY
 OWNED,  UPHOLSTERED  FURNITURE,  JUVENILE  PRODUCT,  OR  MATTRESS,  THAT
 CONTAINS, OR A CONSTITUENT COMPONENT  OF  WHICH  CONTAINS,  ANY  COVERED
 FLAME  RETARDANT  CHEMICAL,  INDIVIDUALLY  OR  IN COMBINATION, AT LEVELS
 ABOVE ONE THOUSAND PARTS PER MILLION.
   2. BEGINNING JULY FIRST, TWO THOUSAND TWENTY-ONE, A CUSTOM UPHOLSTERER
 IN THE STATE OF  NEW  YORK  SHALL  NOT  REPAIR,  REUPHOLSTER,  RE-COVER,
 RESTORE, OR RENEW UPHOLSTERED FURNITURE OR REUPHOLSTERED FURNITURE USING
 REPLACEMENT  COMPONENTS  THAT CONTAIN ANY COVERED FLAME RETARDANT CHEMI-
 CAL, INDIVIDUALLY OR IN COMBINATION, AT LEVELS ABOVE ONE THOUSAND  PARTS
 PER MILLION.
 § 37-1005. EXEMPTIONS.
   THE  PROHIBITIONS  IN SECTION 37-1003 OF THIS TITLE SHALL NOT APPLY TO
 THE FOLLOWING:
   1. ELECTRONIC COMPONENTS OF MATTRESSES,  JUVENILE  PRODUCTS,  REUPHOL-
 STERED FURNITURE, OR UPHOLSTERED FURNITURE, OR ANY ASSOCIATED CASING FOR
 SUCH ELECTRONIC COMPONENTS.
   2.  UPHOLSTERED OR REUPHOLSTERED FURNITURE COMPONENTS OTHER THAN THOSE
 IDENTIFIED IN SUBDIVISION SEVEN OF SECTION 37-1001 OF THIS TITLE.

 S. 8214                             3
 
   3. THREAD OR FIBER WHEN USED FOR STITCHING MATTRESS COMPONENTS TOGETH-
 ER.
   4. ADULT MATTRESS COMPONENTS OTHER THAN FOAM. AS USED IN THIS SUBDIVI-
 SION,  "ADULT  MATTRESS" MEANS A MATTRESS OTHER THAN A TODDLER MATTRESS,
 CRIB MATTRESS, OR OTHER INFANT SLEEP PRODUCT.
 § 37-1007. ELECTRONIC CASINGS.
   1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO PERSON SHALL
 SELL OR OFFER FOR SALE IN THE STATE OF NEW YORK ANY  ELECTRONIC  DISPLAY
 THAT CONTAINS AN ORGANOHALOGEN FLAME RETARDANT CHEMICAL IN THE ENCLOSURE
 OR STAND OF SUCH ELECTRONIC DISPLAY.
   2. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, MANUFAC-
 TURERS SHALL REPORT ANNUALLY TO THE DEPARTMENT THE FLAME RETARDANTS USED
 IN  THE  ENCLOSURE  OR  STAND  OF THE ELECTRONIC DISPLAY IN A FORM TO BE
 SPECIFIED BY THE DEPARTMENT.
 § 37-1009. SEVERABILITY.
   IF ANY PROVISIONS OF THIS TITLE, OR ANY APPLICATION OF  ANY  PROVISION
 OF  THIS  TITLE, IS HELD TO BE INVALID, OR TO VIOLATE OR BE INCONSISTENT
 WITH ANY FEDERAL LAW OR REGULATION, THAT SHALL NOT AFFECT  THE  VALIDITY
 OR  EFFECTIVENESS  OF ANY OTHER PROVISION OF THIS TITLE, OR OF ANY OTHER
 APPLICATION OF ANY PROVISION OF THIS TITLE, WHICH CAN  BE  GIVEN  EFFECT
 WITHOUT  THAT  PROVISION OR APPLICATION; AND TO THAT END, THE PROVISIONS
 AND APPLICATIONS OF THIS TITLE ARE SEVERABLE.
 § 37-1011. EFFECT ON OTHER LAWS.
   THE PROVISIONS OF THIS TITLE SHALL NOT DISPLACE OTHER NEW  YORK  STATE
 LAWS  EXCEPT  FOR  THE  SPECIFIC  RESTRICTIONS FOR SPECIFIC PRODUCTS AND
 CHEMICALS COVERED IN THIS TITLE.
   § 2. Section 71-3703 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5.  ANY  PERSON  WHO VIOLATES ANY OF THE PROVISIONS OF OR WHO FAILS TO
 PERFORM ANY DUTY IMPOSED BY SECTIONS 37-1003 AND 37-1005 OF THIS CHAPTER
 OR ANY RULE OR REGULATION PROMULGATED PURSUANT HERETO, SHALL  BE  LIABLE
 FOR  A  CIVIL  PENALTY  NOT  TO EXCEED ONE THOUSAND DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES, AND  IN  ADDITION  THERETO,  SUCH
 PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL
 FOR  A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL
 PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED  DOLLARS  FOR  EACH  DAY
 DURING WHICH SUCH VIOLATION CONTINUES.
   § 3. This act shall take effect immediately.

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Senate Bill S8214

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Sponsored By

Todd Kaminsky

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

co-Sponsors

David Carlucci

James Gaughran

Brad Hoylman-Sigal

Jen Metzger

2019-S8214 (ACTIVE) - Details

2019-S8214 (ACTIVE) - Summary

2019-S8214 (ACTIVE) - Sponsor Memo

2019-S8214 (ACTIVE) - Bill Text download pdf

Comments