Bill Text: NY A05418 | 2021-2022 | General Assembly | Amended


Bill Title: Enacts the family and fire fighter protection act relating 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.

Spectrum: Partisan Bill (Democrat 44-2)

Status: (Introduced) 2021-06-09 - substituted by s4630b [A05418 Detail]

Download: New_York-2021-A05418-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5418--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    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 -- Multi-Sponsored  by  --  M.  of  A.
          DiPIETRO  --  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 -- again reported  from  said  committee
          with  amendments, 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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "family and fire fighter protection act".
     3    §  2.  Article  37 of the environmental conservation law is amended by
     4  adding a new title 10 to read as follows:

     5                                   TITLE X
     6        REGULATION OF CHEMICALS IN UPHOLSTERED FURNITURE, MATTRESSES
     7                          AND ELECTRONIC ENCLOSURES
     8  Section 37-1001. Definitions.
     9          37-1003. Furniture and mattresses.
    10          37-1005. Exemptions.
    11          37-1007. Electronic display.
    12          37-1009. Reporting.
    13          37-1011. Severability.
    14          37-1013. Regulations.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06757-08-1

        A. 5418--B                          2

     1  § 37-1001. Definitions.
     2    As used in this title:
     3    1.  "Consumer  product"  means  any  product that is regularly used or
     4  purchased to be used for personal, family or household purposes. Consum-
     5  er product shall not mean: (a) a food or beverage or an  additive  to  a
     6  food  or  beverage regulated by the United States Food and Drug Adminis-
     7  tration; or (b) a drug, biologic or  medical  device  regulated  by  the
     8  United States Food and Drug Administration.
     9    2.  "Covered  flame  retardant chemical" means any chemical that meets
    10  both of the following criteria:
    11    (a) A functional use for the chemical is  to  resist  or  inhibit  the
    12  spread of fire or as a synergist to chemicals that resist or inhibit the
    13  spread of fire; and
    14    (b)  The  chemical is one of the following: a halogenated, organophos-
    15  phorus, organonitrogen, or nanoscale chemical. As used in this title:
    16    (i) "Halogenated chemical" is any chemical that contains one  or  more
    17  halogen elements, including fluorine, chlorine, bromine, or iodine.
    18    (ii)  "Organophosphorus chemical" is any chemical that contains one or
    19  more carbon elements and one or more phosphorus elements.
    20    (iii) "Organonitrogen chemical" is any chemical that contains  one  or
    21  more carbon elements and one or more nitrogen elements.
    22    3.  "Custom  upholsterer"  means  a  person  who, either by himself or
    23  herself or through employees or agents, repairs, reupholsters, recovers,
    24  restores, or renews upholstered furniture, or who  makes  to  order  and
    25  specification  of the user any article of upholstered residential furni-
    26  ture, using either new materials or owner's materials.
    27    4. "Electronic display" means a consumer product with a display screen
    28  and associated electronics that, as its primary function, displays visu-
    29  al information from wired or  wireless  sources  and  is  available  for
    30  purchase  by individuals or households for personal use in a residential
    31  space.  Electronic display shall not include: (a) any electronic display
    32  with a screen area smaller than or equal to one hundred square  centime-
    33  ters  or fifteen and one-half square inches; (b) projectors; (c) virtual
    34  reality headsets;  (d)  all-in-one  video  conference  systems;  or  (e)
    35  displays  that  are integrated with appliances and are not available for
    36  purchase as separate products by end-users.
    37    5. "Gel foam mattress" means a mattress in which interior foam  layers
    38  are  composed  of  polyurethane  foam or latex foam which has a polyure-
    39  thane-based gel material either mixed with the foam or  applied  to  the
    40  outer  surface of polyurethane or latex foam, or a mattress in which the
    41  core or padding layers are composed solely of gel material.
    42    6. "Intentionally added" shall have the same meaning as "intentionally
    43  added chemical" in subdivision eleven of section 37-0901 of  this  arti-
    44  cle.
    45    7.  "Mattress"  means  a ticking filled with a resilient material used
    46  alone or in combination with other products  intended  or  promoted  for
    47  sleeping upon.
    48    8.  "Memory  foam  mattress"  means a mattress which contains interior
    49  layers of foam composed of viscoelastic polyurethane foam or  low-resis-
    50  tance polyurethane foam.
    51    9.  "Organohalogen  flame  retardant  chemical"  means a chemical that
    52  contains one or more halogen  elements,  including  fluorine,  chlorine,
    53  bromine, or iodine, bonded to carbon.
    54    10.  "Reupholstered  furniture" means furniture whose original fabric,
    55  padding, decking, barrier material, foam, or other resilient filling has

        A. 5418--B                          3

     1  been replaced by a custom upholsterer, that has not been sold since  the
     2  time of the replacement.
     3    11.  "Ticking" means the outermost layer of fabric or related material
     4  that encloses the  core  and  upholstery  materials  of  a  mattress  or
     5  mattress pad. A mattress ticking may consist of several layers of fabric
     6  or related materials quilted together.
     7    12.   "Upholstered  furniture"  means  any  item  of  furniture,  that
     8  consists, in whole or in part, of  leather,  plastic,  fabric  or  other
     9  material  that  contains  cotton, wool, polyurethane or other natural or
    10  synthetic material that is placed in cushions or on  the  frame  of  the
    11  furniture.
    12    13. "Upholstered or reupholstered furniture component" means the sepa-
    13  rate  constituent  parts  of  upholstered  furniture, specifically cover
    14  fabrics, barrier materials, resilient  filling  materials,  and  decking
    15  materials.
    16  § 37-1003. Furniture and mattresses.
    17    1.  Beginning January first, two thousand twenty-four, no person shall
    18  sell or offer for sale in the state of New York any new, not  previously
    19  owned,  upholstered furniture or mattress, that contains, or a constitu-
    20  ent component of which contains, any intentionally added  covered  flame
    21  retardant chemical, individually or in combination.
    22    2. Beginning January first, two thousand twenty-three, a custom uphol-
    23  sterer in the state of New York shall not repair, reupholster, re-cover,
    24  restore, or renew upholstered furniture or reupholstered furniture using
    25  replacement  components  that  contain  any  intentionally added covered
    26  flame retardant chemical, individually or in combination.
    27  § 37-1005. Exemptions.
    28    The prohibitions in section 37-1003 of this title shall not  apply  to
    29  the following:
    30    1.  Electronic  components  of mattresses, reupholstered furniture, or
    31  upholstered furniture, or any  associated  casing  for  such  electronic
    32  components.
    33    2.  Upholstered or reupholstered furniture components other than those
    34  identified in subdivision seven of section 37-1001 of this title.
    35    3. Thread or fiber when used for stitching mattress components togeth-
    36  er.
    37    4. The natural fibers wool, silk, and other animal fibers whether used
    38  singly or in combination with other materials.
    39    5. Textiles made using modacrylic fiber  components  without  antimony
    40  trioxide  when used internally as a barrier material in a memory foam or
    41  gel foam mattress or aramid fibers when used in the fabric  that  covers
    42  the bottom (non-sleep surface) of a mattress that has a sleeping surface
    43  on only one side of the mattress. This exemption shall expire on January
    44  first, two thousand twenty-six.
    45  § 37-1007. Electronic display.
    46    Beginning  January  first,  two  thousand twenty-four, no person shall
    47  sell or offer for sale in the state of New York any  electronic  display
    48  that contains an intentionally added organohalogen flame retardant chem-
    49  ical in the enclosure or stand of such electronic display.
    50  § 37-1009. Reporting.
    51    1.  For  the  purposes  of  this  section, "manufacturer" shall mean a
    52  person who: (a) assembles or substantially assembles electronic displays
    53  for sale in the state; (b) manufactures electronic displays,  under  its
    54  own brand name or under any other brand name, for sale in the state; (c)
    55  sells,  under  its own brand name, electronic displays in the state; (d)
    56  owns a brand name that it licenses to another person for  use  on  elec-

        A. 5418--B                          4

     1  tronic  displays  sold in the state; (e) imports electronic displays for
     2  sale in the state; or (f) manufactures electronic displays for  sale  in
     3  the state without affixing a brand name.
     4    2. Beginning one year after the effective date of this title, no elec-
     5  tronic  display  shall  be sold in the state unless the manufacturer has
     6  submitted an annual report to the  department  identifying  all  of  the
     7  flame  retardants  used  in  the  enclosure  or  stand of the electronic
     8  display in a form determined by the department.
     9  § 37-1011. Severability.
    10    If any clause, sentence, paragraph, subdivision, section  or  part  of
    11  this  act shall be adjudged by any court of competent jurisdiction to be
    12  invalid, such judgment shall  not  affect,  impair,  or  invalidate  the
    13  remainder thereof, but shall be confined in its operation to the clause,
    14  sentence,  paragraph,  subdivision,  section  or  part  thereof directly
    15  involved in the controversy in  which  such  judgment  shall  have  been
    16  rendered. It is hereby declared to be the intent of the legislature that
    17  this act would have been enacted even if such invalid provisions had not
    18  been included herein.
    19  § 37-1013. Regulations.
    20    The  department may adopt any rules and regulations it deems necessary
    21  to implement the provisions of this title.
    22    § 3. Section 71-3703 of the environmental conservation law is  amended
    23  by adding a new subdivision 5 to read as follows:
    24    5.  Any  person  who violates any of the provisions of or who fails to
    25  perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
    26  or any rule or regulation promulgated pursuant hereto, shall  be  liable
    27  for  a  civil  penalty  not  to exceed one thousand dollars for each day
    28  during which such violation continues, and  in  addition  thereto,  such
    29  person may be enjoined from continuing such violation. Such person shall
    30  for  a second violation be liable to the people of the state for a civil
    31  penalty not to exceed two thousand five hundred  dollars  for  each  day
    32  during which such violation continues.
    33    § 4. This act shall take effect immediately.
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