NY State Senate Bill S4630

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2021	referred to environmental conservation

Co-Sponsors

S4630 (ACTIVE) - Details

See Assembly Version of this Bill:: A5418
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 10 §§37-1001 - 37-1013, amd §71-3703, En Con L

S4630 (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 and mattresses; bans the use of certain flame retardant chemicals in electronic casings.

S4630 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4630

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. Beginning December 31, 2023, the bill
prohibits the sale of mattresses, or upholstered furniture that contain

intentionally added identified flame retardant chemicals. As of January
1, 2024, no person offers for sale an electronic display that contains
intentionally added organohalogen flame retardants.

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 thermal 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 chemicals,
will ensure New Yorkers, and their children, are not exposed to hazard-
ous 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:

2020: S8214, Kaminsky. Referred to Environmental Conservation.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediate.

S4630 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4630
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sens.  KAMINSKY,  HARCKHAM,  GAUGHRAN,  HOYLMAN, RIVERA,
   SERRANO -- 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 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

 S. 4630                             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.

 S. 4630                             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

 S. 4630                             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.

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The New York State Senate

senate Bill S4630

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

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Co-Sponsors

S4630 (ACTIVE) - Details

S4630 (ACTIVE) - Summary

S4630 (ACTIVE) - Sponsor Memo

S4630 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4630

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Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Co-Sponsors

S4630 (ACTIVE) - Details

S4630 (ACTIVE) - Summary

S4630 (ACTIVE) - Sponsor Memo

S4630 (ACTIVE) - Bill Text download pdf

Comments