Bill Text: NY S01367 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits the use of chemical flame retardants on residential upholstered furniture beginning July first, 2020.

Spectrum: Moderate Partisan Bill (Democrat 20-4)

Status: (Introduced) 2019-01-14 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01367 Detail]

Download: New_York-2019-S01367-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
          -- 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
          prohibiting the use of chemical flame retardants
          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
     2  amended by adding a new title 9 to read as follows:
     3                                   TITLE 9
     4                          CHEMICAL FLAME RETARDANTS
     5  Section 37-0901. Definitions.
     6          37-0903. Prohibition on the use of chemical flame retardants.
     7          37-0905. Increased fire safety.
     8  § 37-0901. Definitions. As used in this title:
     9    1.  "Chemical  flame  retardants"  shall mean any halogenated chemical
    10  flame retardant, including but not limited to TDCPP Tris (1, 3  Dicholo-
    11  ro-2-propyl) phosphate, and any Phosphorus-Bromine flame retardants.
    12    2.  "Residential  upholstered  furniture" shall mean a sofa, loveseat,
    13  chair, ottoman, footstool, or other  item  of  furniture,  intended  for
    14  indoor  use  in  a  home that consists, in whole or in part, of leather,
    15  plastic, fabric or other material that contains cotton,  wool,  polyure-
    16  thane  or other natural or synthetic material that is placed in cushions
    17  or on the frame of the furniture.
    18  § 37-0903. Prohibition on the use of chemical flame retardants.
    19    1. Beginning July first, two thousand twenty, no person,  firm,  part-
    20  nership,  association,  limited  liability  company or corporation shall
    21  sell or offer  for  sale  any  residential  upholstered  furniture  that
    22  contains  chemical  flame  retardants  intentionally-added  in  order to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1367                             2
     1  provide a specific characteristic, appearance or quality, to  perform  a
     2  specific function, or for any other purpose.
     3    2.  The  provisions  of  this  section  shall not apply to the sale or
     4  distribution of residential upholstered furniture resold or offered  for
     5  resale, or distributed by consumers for consumer use.
     6  § 37-0905. Increased fire safety.
     7    1. Beginning December first, two thousand twenty-two, each manufactur-
     8  er of residential upholstered furniture that is sold or offered for sale
     9  in the state shall certify to the department that any residential uphol-
    10  stered  furniture  sold  or  offered  for  sale  in  the state meets the
    11  requirements of the open flame flammability standard.
    12    2. a. For purposes of this section, "open flame flammability standard"
    13  shall mean a standard, developed pursuant to rules  and  regulations  of
    14  the  department,  in consultation with the office of fire prevention and
    15  control, requiring residential upholstered  furniture  to  not  lead  to
    16  flashover  for  at least fifteen minutes of time. Such standard shall be
    17  reviewed for effectiveness no less  than  every  two  years,  with  such
    18  review  including,  at  a  minimum, examination of the standards used in
    19  other states.
    20    b. For the purposes of this section "flashover" shall mean  the  point
    21  at  which  all exposed surfaces of the residential upholstered furniture
    22  reach ignition temperatures and fire spreads rapidly.
    23    c. For the purposes  of  this  section  "manufacturer"  shall  mean  a
    24  person,  firm,  partnership,  association,  limited liability company or
    25  corporation that assembles or substantially assembles residential uphol-
    26  stered furniture for sale in the state  or  imports  residential  uphol-
    27  stered furniture for sale in the state.
    28    3.  The  department  may,  following  public hearings, adopt rules and
    29  regulations authorizing an  exemption  to  subdivision  one  of  section
    30  37-0903  of this title upon a determination by the commissioner that the
    31  proposed chemical flame  retardant  will  not  negatively  affect  human
    32  health or the environment. Such determination may only be made after the
    33  completion  of a comprehensive health impact assessment conducted by the
    34  department of health, following a model recommended by the  centers  for
    35  disease control and prevention.
    36    §  2.  This  act shall take effect on the thirtieth day after it shall
    37  have become a law; provided however, that section 37-0905 of  the  envi-
    38  ronmental  conservation  law  as  added by section one of this act shall
    39  take effect June 1, 2022; provided, however, that  the  commissioner  of
    40  environmental  conservation is authorized and directed to promulgate any
    41  rules and regulations necessary to implement the provisions of this  act
    42  on or before such effective date.