STATE OF NEW YORK
        ________________________________________________________________________

                                          8214

                    IN SENATE

                                     April 22, 2020
                                       ___________

        Introduced  by Sen. KAMINSKY -- 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  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, juvenile products, and mattresses. 
     8          37-1005. Exemptions.
     9          37-1007. Electronic casings.
    10          37-1009. Severability.
    11          37-1011. Effect on other laws.
    12  § 37-1001. Definitions.
    13    As used in this title:
    14    1. "Covered flame retardant chemical" means any  chemical  that  meets
    15  both of the following criteria:
    16    (a)  A  functional  use  for  the chemical is to resist or inhibit the
    17  spread of fire or as a synergist to chemicals that resist or inhibit the
    18  spread of fire; and
    19    (b) The chemical is one of the following: a  halogenated,  organophos-
    20  phorus, organonitrogen, or nanoscale chemical. As used in this title:
    21    (i)  "Halogenated  chemical" is any chemical that contains one or more
    22  halogen elements, including fluorine, chlorine, bromine, or iodine.
    23    (ii) "Organophosphorus chemical" is any chemical that contains one  or
    24  more carbon elements and one or more phosphorus elements.
    25    (iii)  "Organonitrogen  chemical" is any chemical that contains one or
    26  more carbon elements and one or more nitrogen elements.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15863-02-0

        S. 8214                             2

     1    2. "Custom upholsterer" means a  person  who,  either  by  himself  or
     2  herself or through employees or agents, repairs, reupholsters, recovers,
     3  restores,  or  renews  upholstered  furniture, or who makes to order and
     4  specification of the user any article of upholstered residential  furni-
     5  ture, using either new materials or owner's materials.
     6    3.  "Electronic  display"  means a display screen and associated elec-
     7  tronics that, as its primary function, displays visual information  from
     8  wired or wireless sources.
     9    4.  "Juvenile  product" means a consumer product designed for residen-
    10  tial use by infants and children under twelve years of  age,  including,
    11  but  not limited to, a bassinet, booster seat, changing pad, floor play-
    12  mat, highchair, highchair pad, infant bouncer,  infant  carrier,  infant
    13  seat,  infant swing, infant walker, nursing pad, nursing pillow, playpen
    14  side pad, playard, portable hook-on chair, stroller, and children's  nap
    15  mat.  A  juvenile  product  shall  not mean (a) a food or beverage or an
    16  additive to a food or beverage regulated by the United States  Food  and
    17  Drug Administration; (b) a drug, biologic or medical device regulated by
    18  the United States Food and Drug Administration.
    19    5. "Mattress" has the same definition as that term is defined in
    20    Section 1632.1 of Title 16 of the Code of Federal Regulations.
    21    6.  "Organohalogen  flame  retardant  chemical"  means a chemical that
    22  contains one or more halogen  elements,  including  fluorine,  chlorine,
    23  bromine, or iodine, bonded to carbon.
    24    7.  "Reupholstered  furniture"  means furniture whose original fabric,
    25  padding, decking, barrier material, foam, or other resilient filling has
    26  been replaced by a custom upholsterer, that has not been sold since  the
    27  time of the replacement.
    28    8. "Upholstered furniture" means any item of furniture, that consists,
    29  in  whole or in part, of leather, plastic, fabric or other material that
    30  contains cotton, wool, polyurethane or other natural or synthetic  mate-
    31  rial that is placed in cushions or on the frame of the furniture.
    32    9.  "Upholstered or reupholstered furniture component" means the sepa-
    33  rate constituent parts  of  upholstered  furniture,  specifically  cover
    34  fabrics,  barrier  materials,  resilient  filling materials, and decking
    35  materials.
    36  § 37-1003. Furniture, juvenile products, and mattresses.
    37    1. Beginning July first, two thousand twenty-two, no person shall sell
    38  or offer for sale in the state of  New  York  any  new,  not  previously
    39  owned,  upholstered  furniture,  juvenile  product,  or  mattress,  that
    40  contains, or a constituent component  of  which  contains,  any  covered
    41  flame  retardant  chemical,  individually  or  in combination, at levels
    42  above one thousand parts per million.
    43    2. Beginning July first, two thousand twenty-one, a custom upholsterer
    44  in the state of  New  York  shall  not  repair,  reupholster,  re-cover,
    45  restore, or renew upholstered furniture or reupholstered furniture using
    46  replacement  components  that contain any covered flame retardant chemi-
    47  cal, individually or in combination, at levels above one thousand  parts
    48  per million.
    49  § 37-1005. Exemptions.
    50    The  prohibitions  in section 37-1003 of this title shall not apply to
    51  the following:
    52    1. Electronic components of mattresses,  juvenile  products,  reuphol-
    53  stered furniture, or upholstered furniture, or any associated casing for
    54  such electronic components.
    55    2.  Upholstered or reupholstered furniture components other than those
    56  identified in subdivision seven of section 37-1001 of this title.

        S. 8214                             3

     1    3. Thread or fiber when used for stitching mattress components togeth-
     2  er.
     3    4. Adult mattress components other than foam. As used in this subdivi-
     4  sion,  "adult  mattress" means a mattress other than a toddler mattress,
     5  crib mattress, or other infant sleep product.
     6  § 37-1007. Electronic casings.
     7    1. Beginning January first, two thousand twenty-three, no person shall
     8  sell or offer for sale in the state of New York any  electronic  display
     9  that contains an organohalogen flame retardant chemical in the enclosure
    10  or stand of such electronic display.
    11    2. Beginning one year after the effective date of this title, manufac-
    12  turers shall report annually to the department the flame retardants used
    13  in  the  enclosure  or  stand  of the electronic display in a form to be
    14  specified by the department.
    15  § 37-1009. Severability.
    16    If any provisions of this title, or any application of  any  provision
    17  of  this  title, is held to be invalid, or to violate or be inconsistent
    18  with any federal law or regulation, that shall not affect  the  validity
    19  or  effectiveness  of any other provision of this title, or of any other
    20  application of any provision of this title, which can  be  given  effect
    21  without  that  provision or application; and to that end, the provisions
    22  and applications of this title are severable.
    23  § 37-1011. Effect on other laws.
    24    The provisions of this title shall not displace other New  York  state
    25  laws  except  for  the  specific  restrictions for specific products and
    26  chemicals covered in this title.
    27    § 2. Section 71-3703 of the environmental conservation law is  amended
    28  by adding a new subdivision 5 to read as follows:
    29    5.  Any  person  who violates any of the provisions of or who fails to
    30  perform any duty imposed by sections 37-1003 and 37-1005 of this chapter
    31  or any rule or regulation promulgated pursuant hereto, shall  be  liable
    32  for  a  civil  penalty  not  to exceed one thousand dollars for each day
    33  during which such violation continues, and  in  addition  thereto,  such
    34  person may be enjoined from continuing such violation. Such person shall
    35  for  a second violation be liable to the people of the state for a civil
    36  penalty not to exceed two thousand five hundred  dollars  for  each  day
    37  during which such violation continues.
    38    § 3. This act shall take effect immediately.