The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7737
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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. The title heading of title 10 of article 37 of the environ-
 mental conservation law, as added by a  chapter  of  the  laws  of  2021
 amending  the  environmental conservation law relating to the regulation
 of chemicals in upholstered furniture, mattresses and electronic  enclo-
 sures, as proposed in legislative bills numbers S. 4630-B and A. 5418-B,
 is amended to read as follows:
                                TITLE [X] 10
   §  2.  Subdivisions  3  and  9 of section 37-1001 of the environmental
 conservation law, as added by a chapter of the laws of 2021 amending the
 environmental conservation law relating to the regulation  of  chemicals
 in  upholstered  furniture,  mattresses  and  electronic  enclosures, as
 proposed in legislative bills numbers  S.  4630-B  and  A.  5418-B,  are
 amended to read  as follows:
   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]. A CUSTOM  UPHOL-
 STERER  SHALL  NOT  INCLUDE  ANY  MANUFACTURER  OF NEW, READY TO BE SOLD
 FURNITURE, OR NEW MADE TO ORDER FURNITURE.
   9. "Organohalogen flame retardant  chemical"  means  a  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 contains one  or  more  halogen  elements,  including
 fluorine, chlorine, bromine, or iodine, bonded to carbon.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06757-09-2
 S. 7737                             2
 
   §  3.  Section 37-1003 of the environmental conservation law, as added
 by a chapter of the laws of 2021 amending the environmental conservation
 law relating to the regulation of chemicals  in  upholstered  furniture,
 mattresses  and  electronic enclosures, as proposed in legislative bills
 numbers S. 4630-B and A. 5418-B, is amended to read as follows:
 § 37-1003. Furniture and mattresses.
   1.  Beginning  [January]  DECEMBER first, two thousand twenty-four, 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, THAT
 IS ANY OF THE FOLLOWING:
   (A) AT OR ABOVE LEVELS SET BY THE DEPARTMENT IN REGULATION; OR
   (B) INTENTIONALLY ADDED.
   2. Beginning [January] DECEMBER  first,  two  thousand  [twenty-three]
 TWENTY-FIVE,  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, THAT IS ANY OF THE FOLLOWING:
   (A) AT OR ABOVE LEVELS SET BY THE DEPARTMENT IN REGULATION; OR
   (B) INTENTIONALLY ADDED.
   § 4. Subdivision 2 of section 37-1005 of the  environmental  conserva-
 tion  law,  as added by a chapter of the laws of 2021 amending the envi-
 ronmental conservation law relating to the regulation  of  chemicals  in
 upholstered furniture, mattresses and electronic enclosures, as proposed
 in legislative bills numbers S. 4630-B and A. 5418-B, is amended to read
 as follows:
   2.  Upholstered or reupholstered furniture components other than those
 identified in subdivision [seven] THIRTEEN of section  37-1001  of  this
 title.
   §  5.  Section 37-1007 of the environmental conservation law, as added
 by a chapter of the laws of 2021 amending the environmental conservation
 law relating to the regulation of chemicals  in  upholstered  furniture,
 mattresses  and  electronic enclosures, as proposed in legislative bills
 numbers S. 4630-B and A. 5418-B, is amended to read as follows:
 § 37-1007. Electronic display.
   Beginning [January]  DECEMBER  first,  two  thousand  twenty-four,  no
 person  shall  sell or offer for sale in the state of New York any elec-
 tronic display that contains [an intentionally added], IN THE  ENCLOSURE
 OR  STAND  OF SUCH ELECTRONIC DISPLAY, ANY organohalogen flame retardant
 chemical [in the enclosure or stand of such electronic  display],  INDI-
 VIDUALLY OR IN COMBINATION, THAT IS ANY OF THE FOLLOWING:
   (A) AT OR ABOVE LEVELS SET BY THE DEPARTMENT IN REGULATION; OR
   (B) INTENTIONALLY ADDED.
   §  6.  Subdivision 2 of section 37-1009 of the environmental conserva-
 tion law, as added by a chapter of the laws of 2021 amending  the  envi-
 ronmental  conservation  law  relating to the regulation of chemicals in
 upholstered furniture, mattresses and electronic enclosures, as proposed
 in legislative bills numbers S. 4630-B and A. 5418-B, is amended to read
 as follows:
   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
 ORGANOHALOGEN flame [retardants] RETARDANT CHEMICALS used in the  enclo-
 S. 7737                             3
 
 sure  or  stand  of  the  electronic display in a form determined by the
 department.
   §  7.  Sections  37-1011 and 37-1013 of the environmental conservation
 law, as added by a chapter of the laws of  2021  amending  the  environ-
 mental  conservation  law  relating  to  the  regulation of chemicals in
 upholstered furniture, mattresses and electronic enclosures, as proposed
 in legislative bills numbers S. 4630-B and  A.  5418-B,  are  renumbered
 sections  37-1013 and 37-1015 and a new section 37-1011 is added to read
 as follows:
 § 37-1011. CERTIFICATION OF COMPLIANCE.
   1. FOR THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE  THE
 FOLLOWING MEANINGS:
   (A) "COVERED PRODUCTS" SHALL MEAN:
   (I) MATTRESSES, UPHOLSTERED FURNITURE, OR ELECTRONIC DISPLAYS; OR
   (II)  UPHOLSTERED  OR  REUPHOLSTERED  FURNITURE  COMPONENTS FOR CUSTOM
 UPHOLSTERERS.
   (B) "MANUFACTURER" SHALL MEAN A PERSON WHO, FOR SALE IN THE STATE:
   (I) ASSEMBLES OR SUBSTANTIALLY ASSEMBLES COVERED PRODUCTS;
   (II) MANUFACTURES COVERED PRODUCTS UNDER ITS OWN BRAND NAME  OR  UNDER
 ANY OTHER BRAND NAME;
   (III) SELLS COVERED PRODUCTS UNDER ITS OWN BRAND NAME;
   (IV)  OWNS  A BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR USE ON
 COVERED PRODUCTS;
   (V) IMPORTS COVERED PRODUCTS; OR
   (VI) MANUFACTURES COVERED PRODUCTS WITHOUT AFFIXING A BRAND NAME.
   2. NO PERSON THAT SELLS COVERED PRODUCTS SHALL BE HELD IN VIOLATION OF
 THIS TITLE IF THEY CAN SHOW THAT THEY RELIED IN GOOD FAITH ON THE  WRIT-
 TEN  ASSURANCE  OF  THE  MANUFACTURER THAT SUCH COVERED PRODUCTS MET THE
 REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL TAKE  THE  FORM
 OF  A  CERTIFICATE OF COMPLIANCE STATING THAT SUCH COVERED PRODUCT IS IN
 COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, PROVIDED HOWEVER,  WHERE
 COMPLIANCE IS ACHIEVED UNDER AN EXEMPTION PROVIDED IN SECTION 37-1005 OF
 THIS  TITLE,  THE  CERTIFICATE SHALL STATE THE SPECIFIC BASIS UPON WHICH
 THE EXEMPTION IS CLAIMED. THE CERTIFICATE OF COMPLIANCE SHALL BE  SIGNED
 BY AN AUTHORIZED OFFICIAL OF THE MANUFACTURER.
   §  8.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the  laws  of  2021  amending  the  environmental
 conservation  law relating to the regulation of chemicals in upholstered
 furniture, mattresses and electronic enclosures, as proposed in legisla-
 tive bills numbers S. 4630-B and A. 5418-B, takes effect.