STATE OF NEW YORK ________________________________________________________________________ 5418--A 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 -- 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: 1 Section 1. Article 37 of the environmental conservation law is amended 2 by adding a new title 10 to read as follows: 3 TITLE X 4 REGULATION OF CHEMICALS IN UPHOLSTERED FURNITURE, MATTRESSES 5 AND ELECTRONIC ENCLOSURES 6 Section 37-1001. Definitions. 7 37-1003. Furniture and mattresses. 8 37-1005. Exemptions. 9 37-1007. Electronic display. 10 37-1009. Reporting. 11 37-1011. Severability. 12 37-1013. Regulations. 13 § 37-1001. Definitions. 14 As used in this title: 15 1. "Consumer product" means any product that is regularly used or 16 purchased to be used for personal, family or household purposes. Consum- 17 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. LBD06757-06-1A. 5418--A 2 1 food or beverage regulated by the United States Food and Drug Adminis- 2 tration; or (b) a drug, biologic or medical device regulated by the 3 United States Food and Drug Administration. 4 2. "Covered flame retardant chemical" means any chemical that meets 5 both of the following criteria: 6 (a) A functional use for the chemical is to resist or inhibit the 7 spread of fire or as a synergist to chemicals that resist or inhibit the 8 spread of fire; and 9 (b) The chemical is one of the following: a halogenated, organophos- 10 phorus, organonitrogen, or nanoscale chemical. As used in this title: 11 (i) "Halogenated chemical" is any chemical that contains one or more 12 halogen elements, including fluorine, chlorine, bromine, or iodine. 13 (ii) "Organophosphorus chemical" is any chemical that contains one or 14 more carbon elements and one or more phosphorus elements. 15 (iii) "Organonitrogen chemical" is any chemical that contains one or 16 more carbon elements and one or more nitrogen elements. 17 3. "Custom upholsterer" means a person who, either by himself or 18 herself or through employees or agents, repairs, reupholsters, recovers, 19 restores, or renews upholstered furniture, or who makes to order and 20 specification of the user any article of upholstered residential furni- 21 ture, using either new materials or owner's materials. 22 4. "Electronic display" means a consumer product with a display screen 23 and associated electronics that, as its primary function, displays visu- 24 al information from wired or wireless sources and is available for 25 purchase by individuals or households for personal use in a residential 26 space. Electronic display shall not include: (a) any electronic display 27 with a screen area smaller than or equal to one hundred square centime- 28 ters or fifteen and one-half square inches; (b) projectors; (c) virtual 29 reality headsets; or (d) all-in-one video conference systems. 30 5. "Intentionally added" shall have the same meaning as "intentionally 31 added chemical" in subdivision eleven of section 37-0901 of this arti- 32 cle. 33 6. "Mattress" means a ticking filled with a resilient material used 34 alone or in combination with other products intended or promoted for 35 sleeping upon. 36 7. "Organohalogen flame retardant chemical" means a chemical that 37 contains one or more halogen elements, including fluorine, chlorine, 38 bromine, or iodine, bonded to carbon. 39 8. "Reupholstered furniture" means furniture whose original fabric, 40 padding, decking, barrier material, foam, or other resilient filling has 41 been replaced by a custom upholsterer, that has not been sold since the 42 time of the replacement. 43 9. "Ticking" means the outermost layer of fabric or related material 44 that encloses the core and upholstery materials of a mattress or 45 mattress pad. A mattress ticking may consist of several layers of fabric 46 or related materials quilted together. 47 10. "Upholstered furniture" means any item of furniture, that 48 consists, in whole or in part, of leather, plastic, fabric or other 49 material that contains cotton, wool, polyurethane or other natural or 50 synthetic material that is placed in cushions or on the frame of the 51 furniture. 52 11. "Upholstered or reupholstered furniture component" means the sepa- 53 rate constituent parts of upholstered furniture, specifically cover 54 fabrics, barrier materials, resilient filling materials, and decking 55 materials. 56 § 37-1003. Furniture and mattresses.A. 5418--A 3 1 1. Beginning December thirty-first, two thousand twenty-three, no 2 person shall sell or offer for sale in the state of New York any new, 3 not previously owned, upholstered furniture or mattress, that contains, 4 or a constituent component of which contains, any intentionally added 5 covered flame retardant chemical, individually or in combination. 6 2. Beginning December thirty-first, two thousand twenty-two, a custom 7 upholsterer in the state of New York shall not repair, reupholster, 8 re-cover, restore, or renew upholstered furniture or reupholstered 9 furniture using replacement components that contain any intentionally 10 added covered flame retardant chemical, individually or in combination. 11 § 37-1005. Exemptions. 12 The prohibitions in section 37-1003 of this title shall not apply to 13 the following: 14 1. Electronic components of mattresses, reupholstered furniture, or 15 upholstered furniture, or any associated casing for such electronic 16 components. 17 2. Upholstered or reupholstered furniture components other than those 18 identified in subdivision seven of section 37-1001 of this title. 19 3. Thread or fiber when used for stitching mattress components togeth- 20 er. 21 § 37-1007. Electronic display. 22 Beginning January first, two thousand twenty-four, no person shall 23 sell or offer for sale in the state of New York any electronic display 24 that contains an intentionally added organohalogen flame retardant chem- 25 ical in the enclosure or stand of such electronic display. 26 § 37-1009. Reporting. 27 1. For the purposes of this section, "manufacturer" shall mean a 28 person who: (a) assembles or substantially assembles electronic displays 29 for sale in the state; (b) manufactures electronic displays, under its 30 own brand name or under any other brand name, for sale in the state; (c) 31 sells, under its own brand name, electronic displays in the state; (d) 32 owns a brand name that it licenses to another person for use on elec- 33 tronic displays sold in the state; (e) imports electronic displays for 34 sale in the state; or (f) manufactures electronic displays for sale in 35 the state without affixing a brand name. 36 2. Beginning one year after the effective date of this title, no elec- 37 tronic display shall be sold in the state unless the manufacturer has 38 submitted an annual report to the department identifying all of the 39 flame retardants used in the enclosure or stand of the electronic 40 display in a form determined by the department. 41 § 37-1011. Severability. 42 If any clause, sentence, paragraph, subdivision, section or part of 43 this act shall be adjudged by any court of competent jurisdiction to be 44 invalid, such judgment shall not affect, impair, or invalidate the 45 remainder thereof, but shall be confined in its operation to the clause, 46 sentence, paragraph, subdivision, section or part thereof directly 47 involved in the controversy in which such judgment shall have been 48 rendered. It is hereby declared to be the intent of the legislature that 49 this act would have been enacted even if such invalid provisions had not 50 been included herein. 51 § 37-1013. Regulations. 52 The department may adopt any rules and regulations it deems necessary 53 to implement the provisions of this title. 54 § 2. Section 71-3703 of the environmental conservation law is amended 55 by adding a new subdivision 5 to read as follows:A. 5418--A 4 1 5. Any person who violates any of the provisions of or who fails to 2 perform any duty imposed by sections 37-1003 and 37-1007 of this chapter 3 or any rule or regulation promulgated pursuant hereto, shall be liable 4 for a civil penalty not to exceed one thousand dollars for each day 5 during which such violation continues, and in addition thereto, such 6 person may be enjoined from continuing such violation. Such person shall 7 for a second violation be liable to the people of the state for a civil 8 penalty not to exceed two thousand five hundred dollars for each day 9 during which such violation continues. 10 § 3. This act shall take effect immediately.