The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5418
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred 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 AND MATTRESSES.
         37-1005. EXEMPTIONS.
         37-1007. ELECTRONIC DISPLAY.
         37-1009. REPORTING.
         37-1011. SEVERABILITY.
         37-1013. REGULATIONS.
 § 37-1001. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "CONSUMER PRODUCT" MEANS ANY PRODUCT  THAT  IS  REGULARLY  USED  OR
 PURCHASED TO BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. CONSUM-
 ER  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  ADMINIS-
 TRATION;  OR  (B)  A  DRUG,  BIOLOGIC OR MEDICAL DEVICE REGULATED BY THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION.
   2. "COVERED FLAME RETARDANT CHEMICAL" MEANS ANY  CHEMICAL  THAT  MEETS
 BOTH OF THE FOLLOWING CRITERIA:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06757-04-1

 A. 5418                             2
 
   (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.
   3.  "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.
   4. "ELECTRONIC DISPLAY" MEANS A CONSUMER PRODUCT WITH A DISPLAY SCREEN
 AND ASSOCIATED ELECTRONICS THAT, AS ITS PRIMARY FUNCTION, DISPLAYS VISU-
 AL INFORMATION FROM WIRED OR  WIRELESS  SOURCES  AND  IS  AVAILABLE  FOR
 PURCHASE  BY  INDIVIDUALS  OR  HOUSEHOLDS FOR PERSONAL USE.   ELECTRONIC
 DISPLAY SHALL NOT INCLUDE: (A) ANY ELECTRONIC DISPLAY WITH A SCREEN AREA
 SMALLER THAN OR EQUAL TO ONE HUNDRED SQUARE CENTIMETERS OR  FIFTEEN  AND
 ONE-HALF SQUARE INCHES; (B) PROJECTORS; (C) VIRTUAL REALITY HEADSETS; OR
 (D) ALL-IN-ONE VIDEO CONFERENCE SYSTEMS.
   5. "INTENTIONALLY ADDED" SHALL HAVE THE SAME MEANING AS "INTENTIONALLY
 ADDED  CHEMICAL"  IN SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS ARTI-
 CLE.
   6.  "MATTRESS" MEANS A TICKING FILLED WITH A RESILIENT  MATERIAL  USED
 ALONE  OR  IN  COMBINATION  WITH OTHER PRODUCTS INTENDED OR PROMOTED FOR
 SLEEPING UPON.
   7. "ORGANOHALOGEN FLAME RETARDANT  CHEMICAL"  MEANS  A  CHEMICAL  THAT
 CONTAINS  ONE  OR  MORE  HALOGEN ELEMENTS, INCLUDING FLUORINE, CHLORINE,
 BROMINE, OR IODINE, BONDED TO CARBON.
   8. "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.
   9. "TICKING" MEANS THE OUTERMOST LAYER OF FABRIC OR  RELATED  MATERIAL
 THAT  ENCLOSES  THE  CORE  AND  UPHOLSTERY  MATERIALS  OF  A MATTRESS OR
 MATTRESS PAD. A MATTRESS TICKING MAY CONSIST OF SEVERAL LAYERS OF FABRIC
 OR RELATED MATERIALS QUILTED TOGETHER.
   10.  "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  MATERIAL  THAT  IS  PLACED IN CUSHIONS OR ON THE FRAME OF THE
 FURNITURE.
   11. "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 AND MATTRESSES.
   1. BEGINNING DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE,  NO
 PERSON  SHALL  SELL  OR OFFER FOR SALE IN THE STATE OF NEW YORK ANY NEW,
 NOT PREVIOUSLY OWNED, UPHOLSTERED FURNITURE OR MATTRESS, THAT  CONTAINS,
 OR  A  CONSTITUENT  COMPONENT OF WHICH CONTAINS, ANY INTENTIONALLY ADDED
 COVERED FLAME RETARDANT CHEMICAL, INDIVIDUALLY OR IN COMBINATION.

 A. 5418                             3
 
   2. BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, 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 INTENTIONALLY
 ADDED COVERED FLAME RETARDANT CHEMICAL, INDIVIDUALLY OR IN COMBINATION.
 § 37-1005. EXEMPTIONS.
   THE  PROHIBITIONS  IN SECTION 37-1003 OF THIS TITLE SHALL NOT APPLY TO
 THE FOLLOWING:
   1. ELECTRONIC COMPONENTS OF MATTRESSES,  REUPHOLSTERED  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.
   3. THREAD OR FIBER WHEN USED FOR STITCHING MATTRESS COMPONENTS TOGETH-
 ER.
 § 37-1007. ELECTRONIC DISPLAY.
   BEGINNING  JANUARY  FIRST,  TWO  THOUSAND TWENTY-FOUR, NO PERSON SHALL
 SELL OR OFFER FOR SALE IN THE STATE OF NEW YORK ANY  ELECTRONIC  DISPLAY
 THAT CONTAINS AN INTENTIONALLY ADDED ORGANOHALOGEN FLAME RETARDANT CHEM-
 ICAL IN THE ENCLOSURE OR STAND OF SUCH ELECTRONIC DISPLAY.
 § 37-1009. REPORTING.
   1.  FOR  THE  PURPOSES  OF  THIS  SECTION, "MANUFACTURER" SHALL MEAN A
 PERSON WHO: (A) ASSEMBLES OR SUBSTANTIALLY ASSEMBLES ELECTRONIC DISPLAYS
 FOR SALE IN THE STATE; (B) MANUFACTURES ELECTRONIC DISPLAYS,  UNDER  ITS
 OWN BRAND NAME OR UNDER ANY OTHER BRAND NAME, FOR SALE IN THE STATE; (C)
 SELLS,  UNDER  ITS OWN BRAND NAME, ELECTRONIC DISPLAYS IN THE STATE; (D)
 OWNS A BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR  USE  ON  ELEC-
 TRONIC  DISPLAYS  SOLD IN THE STATE; (E) IMPORTS ELECTRONIC DISPLAYS FOR
 SALE IN THE STATE; OR (F) MANUFACTURES ELECTRONIC DISPLAYS FOR  SALE  IN
 THE STATE WITHOUT AFFIXING A BRAND NAME.
   2. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, NO ELEC-
 TRONIC  DISPLAY  SHALL  BE SOLD IN THE STATE UNLESS THE MANUFACTURER HAS
 SUBMITTED AN ANNUAL REPORT TO THE  DEPARTMENT  IDENTIFYING  ALL  OF  THE
 FLAME  RETARDANTS  USED  IN  THE  ENCLOSURE  OR  STAND OF THE ELECTRONIC
 DISPLAY IN A FORM DETERMINED BY THE DEPARTMENT.
 § 37-1011. SEVERABILITY.
   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION  OR  PART  OF
 THIS  ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
 INVALID, SUCH JUDGMENT SHALL  NOT  AFFECT,  IMPAIR,  OR  INVALIDATE  THE
 REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
 SENTENCE,  PARAGRAPH,  SUBDIVISION,  SECTION  OR  PART  THEREOF DIRECTLY
 INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT
 THIS ACT WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT
 BEEN INCLUDED HEREIN.
 § 37-1013. REGULATIONS.
   THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
 TO IMPLEMENT THE PROVISIONS OF 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 37-1007 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

 A. 5418                             4
 
 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.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5418--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, EPSTEIN, GRIFFIN, SIMON, GOTTFRIED,
   DICKENS, GALEF, OTIS, COLTON, THIELE, GONZALEZ-ROJAS, KELLES, McMAHON,
   PAULIN, JACKSON, ABINANTI, SILLITTI, SEAWRIGHT, PERRY, BURDICK,  FAHY,
   RICHARDSON,  GLICK,  GALLAGHER,  DINOWITZ, FERNANDEZ, HEVESI, FORREST,
   STERN, STIRPE, STECK, McDONOUGH --  read  once  and  referred  to  the
   Committee  on  Environmental  Conservation -- reported and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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 AND MATTRESSES.
         37-1005. EXEMPTIONS.
         37-1007. ELECTRONIC DISPLAY.
         37-1009. REPORTING.
         37-1011. SEVERABILITY.
         37-1013. REGULATIONS.
 § 37-1001. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "CONSUMER  PRODUCT"  MEANS  ANY  PRODUCT THAT IS REGULARLY USED OR
 PURCHASED TO BE USED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. CONSUM-
 ER PRODUCT SHALL NOT MEAN: (A) A FOOD OR BEVERAGE OR AN  ADDITIVE  TO  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06757-06-1

 A. 5418--A                          2
 
 FOOD  OR  BEVERAGE REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION; OR (B) A DRUG, BIOLOGIC OR  MEDICAL  DEVICE  REGULATED  BY  THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION.
   2.  "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.
   3.  "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.
   4. "ELECTRONIC DISPLAY" MEANS A CONSUMER PRODUCT WITH A DISPLAY SCREEN
 AND ASSOCIATED ELECTRONICS THAT, AS ITS PRIMARY FUNCTION, DISPLAYS VISU-
 AL INFORMATION FROM WIRED OR  WIRELESS  SOURCES  AND  IS  AVAILABLE  FOR
 PURCHASE  BY INDIVIDUALS OR HOUSEHOLDS FOR PERSONAL USE IN A RESIDENTIAL
 SPACE.  ELECTRONIC DISPLAY SHALL NOT INCLUDE: (A) ANY ELECTRONIC DISPLAY
 WITH A SCREEN AREA SMALLER THAN OR EQUAL TO ONE HUNDRED SQUARE  CENTIME-
 TERS  OR FIFTEEN AND ONE-HALF SQUARE INCHES; (B) PROJECTORS; (C) VIRTUAL
 REALITY HEADSETS; OR (D) ALL-IN-ONE VIDEO CONFERENCE SYSTEMS.
   5. "INTENTIONALLY ADDED" SHALL HAVE THE SAME MEANING AS "INTENTIONALLY
 ADDED CHEMICAL" IN SUBDIVISION ELEVEN OF SECTION 37-0901 OF  THIS  ARTI-
 CLE.
   6.    "MATTRESS" MEANS A TICKING FILLED WITH A RESILIENT MATERIAL USED
 ALONE OR IN COMBINATION WITH OTHER PRODUCTS  INTENDED  OR  PROMOTED  FOR
 SLEEPING UPON.
   7.  "ORGANOHALOGEN  FLAME  RETARDANT  CHEMICAL"  MEANS A CHEMICAL THAT
 CONTAINS ONE OR MORE HALOGEN  ELEMENTS,  INCLUDING  FLUORINE,  CHLORINE,
 BROMINE, OR IODINE, BONDED TO CARBON.
   8.  "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.
   9.  "TICKING"  MEANS THE OUTERMOST LAYER OF FABRIC OR RELATED MATERIAL
 THAT ENCLOSES THE  CORE  AND  UPHOLSTERY  MATERIALS  OF  A  MATTRESS  OR
 MATTRESS PAD. A MATTRESS TICKING MAY CONSIST OF SEVERAL LAYERS OF FABRIC
 OR RELATED MATERIALS QUILTED TOGETHER.
   10.   "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 MATERIAL THAT IS PLACED IN CUSHIONS OR ON  THE  FRAME  OF  THE
 FURNITURE.
   11. "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 AND MATTRESSES.

 A. 5418--A                          3
 
   1.  BEGINNING  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND TWENTY-THREE, NO
 PERSON SHALL SELL OR OFFER FOR SALE IN THE STATE OF NEW  YORK  ANY  NEW,
 NOT  PREVIOUSLY OWNED, UPHOLSTERED FURNITURE OR MATTRESS, THAT CONTAINS,
 OR A CONSTITUENT COMPONENT OF WHICH CONTAINS,  ANY  INTENTIONALLY  ADDED
 COVERED FLAME RETARDANT CHEMICAL, INDIVIDUALLY OR IN COMBINATION.
   2.  BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, 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  INTENTIONALLY
 ADDED COVERED FLAME RETARDANT CHEMICAL, INDIVIDUALLY OR IN COMBINATION.
 § 37-1005. EXEMPTIONS.
   THE  PROHIBITIONS  IN SECTION 37-1003 OF THIS TITLE SHALL NOT APPLY TO
 THE FOLLOWING:
   1. ELECTRONIC COMPONENTS OF MATTRESSES,  REUPHOLSTERED  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.
   3. THREAD OR FIBER WHEN USED FOR STITCHING MATTRESS COMPONENTS TOGETH-
 ER.
 § 37-1007. ELECTRONIC DISPLAY.
   BEGINNING  JANUARY  FIRST,  TWO  THOUSAND TWENTY-FOUR, NO PERSON SHALL
 SELL OR OFFER FOR SALE IN THE STATE OF NEW YORK ANY  ELECTRONIC  DISPLAY
 THAT CONTAINS AN INTENTIONALLY ADDED ORGANOHALOGEN FLAME RETARDANT CHEM-
 ICAL IN THE ENCLOSURE OR STAND OF SUCH ELECTRONIC DISPLAY.
 § 37-1009. REPORTING.
   1.  FOR  THE  PURPOSES  OF  THIS  SECTION, "MANUFACTURER" SHALL MEAN A
 PERSON WHO: (A) ASSEMBLES OR SUBSTANTIALLY ASSEMBLES ELECTRONIC DISPLAYS
 FOR SALE IN THE STATE; (B) MANUFACTURES ELECTRONIC DISPLAYS,  UNDER  ITS
 OWN BRAND NAME OR UNDER ANY OTHER BRAND NAME, FOR SALE IN THE STATE; (C)
 SELLS,  UNDER  ITS OWN BRAND NAME, ELECTRONIC DISPLAYS IN THE STATE; (D)
 OWNS A BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR  USE  ON  ELEC-
 TRONIC  DISPLAYS  SOLD IN THE STATE; (E) IMPORTS ELECTRONIC DISPLAYS FOR
 SALE IN THE STATE; OR (F) MANUFACTURES ELECTRONIC DISPLAYS FOR  SALE  IN
 THE STATE WITHOUT AFFIXING A BRAND NAME.
   2. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, NO ELEC-
 TRONIC  DISPLAY  SHALL  BE SOLD IN THE STATE UNLESS THE MANUFACTURER HAS
 SUBMITTED AN ANNUAL REPORT TO THE  DEPARTMENT  IDENTIFYING  ALL  OF  THE
 FLAME  RETARDANTS  USED  IN  THE  ENCLOSURE  OR  STAND OF THE ELECTRONIC
 DISPLAY IN A FORM DETERMINED BY THE DEPARTMENT.
 § 37-1011. SEVERABILITY.
   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION  OR  PART  OF
 THIS  ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
 INVALID, SUCH JUDGMENT SHALL  NOT  AFFECT,  IMPAIR,  OR  INVALIDATE  THE
 REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
 SENTENCE,  PARAGRAPH,  SUBDIVISION,  SECTION  OR  PART  THEREOF DIRECTLY
 INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT
 THIS ACT WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT
 BEEN INCLUDED HEREIN.
 § 37-1013. REGULATIONS.
   THE  DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 2. Section 71-3703 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:

 A. 5418--A                          4
 
   5.  ANY  PERSON  WHO VIOLATES ANY OF THE PROVISIONS OF OR WHO FAILS TO
 PERFORM ANY DUTY IMPOSED BY SECTIONS 37-1003 AND 37-1007 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.