Senate Bill S8702A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8702--A
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the sale of any children's product, upholstered  furniture
   or mattress that contains textile fiberglass
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of section  37-0905  of  the
 environmental  conservation  law is amended by adding a new subparagraph
 (viii) to read as follows:
   (VIII) FIBROUS GLASS OR GLASS WOOL (CAS 65997-17-3)
   § 2. Subdivision 1 of section 37-0909 of the  environmental  conserva-
 tion law, as amended by section 1 of subpart AA of part XX of chapter 55
 of the laws of 2020, is amended to read as follows:
   1.  (A)  Effective January first, two thousand twenty-three, no person
 shall distribute, sell or offer for sale  in  this  state  a  children's
 product   in   which   tris  (1,  3  dichloro-2-propyl)  phosphate  (CAS
 13674-87-8), benzene (CAS 71-43-2),[,] or asbestos  (CAS  1332-21-4)  is
 intentionally added.
   (B)  EFFECTIVE  DECEMBER  FIRST,  TWO  THOUSAND TWENTY-NINE, NO PERSON
 SHALL DISTRIBUTE, SELL OR OFFER FOR SALE  IN  THIS  STATE  A  CHILDREN'S
 PRODUCT  IN WHICH FIBROUS GLASS OR GLASS WOOL (CAS 65997-17-3) IS INTEN-
 TIONALLY ADDED.
   [This provision] 1-A.  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION shall not apply: (a) to a children's product solely based on its
 containing  an  enclosed  battery or enclosed electronic components; (b)
 where state regulation of children's products is  preempted  by  federal
 law; (c) where the chemical is present as a trace contaminant; or (d) to
 an  inaccessible  component  of a children's product that during reason-
 able, foreseeable use and abuse of  the  product  would  not  come  into
 direct  contact  with  a  child's  skin  or  mouth, as determined by the
 department. The commissioner may exempt a children's product  from  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13138-03-6
 S. 8702--A                          2
 
 prohibition if, in the commissioner's judgment, the lack of availability
 of  the  children's  product  could  pose an unreasonable risk to public
 health, safety or welfare.
   §  3. Section 37-1001 of the environmental conservation law is amended
 by adding a new subdivision 14 to read as follows:
   14.  "TEXTILE  FIBERGLASS"  MEANS  TEXTILE  YARNS  WHOSE   COMPOSITION
 INCLUDES  ONE  OR MORE CONTINUOUS GLASS FILAMENTS IN A FORM SUITABLE FOR
 KNITTING, WEARING, OR OTHERWISE INTERTWINING TO FORM A  TEXTILE  FABRIC,
 BUT SHALL EXCLUDE THE FOLLOWING:
   (A)  THREAD  OR FIBER USED FOR STITCHING MATTRESS COMPONENTS TOGETHER;
 AND
   (B) YARNS IN WHICH THE GLASS FILAMENTS ARE CORE-SPUN  OR  SHEATHED  BY
 ANOTHER FIBER.
   §  4.  The  environmental  conservation law is amended by adding a new
 section 37-1004 to read as follows:
 § 37-1004. TEXTILE FIBERGLASS.
   1. BEGINNING DECEMBER FIRST, TWO THOUSAND TWENTY-NINE, 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 CONSTITU-
 ENT COMPONENT OF WHICH CONTAINS, TEXTILE FIBERGLASS.
   2. BEGINNING DECEMBER FIRST, TWO THOUSAND THIRTY, 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 TEXTILE FIBERGLASS.
   § 5. Paragraph (a) of subdivision 1 of section 37-1011 of the environ-
 mental conservation law, as added by chapter 11 of the laws of 2022,  is
 amended to read as follows:
   (a) "covered products" shall mean:
   (i)  mattresses,  upholstered  furniture,  or  electronic  displays AS
 PROVIDED IN SECTIONS 37-1003 AND 37-1004 OF THIS TITLE; or
   (ii) upholstered or  reupholstered  furniture  components  for  custom
 upholsterers AS PROVIDED IN SECTIONS 37-1003 AND 37-1004 OF THIS TITLE.
   §  6.  Subdivision 5 of section 71-3703 of the environmental conserva-
 tion law, as added by chapter 829 of the laws of  2021,  is  amended  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, 37-1004,  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.
   § 7. This act shall take effect immediately.