Bill Text: NY S03844 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the use of chemical flame retardants on residential upholstered furniture.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Introduced - Dead) 2016-02-22 - PRINT NUMBER 3844A [S03844 Detail]

Download: New_York-2015-S03844-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3844
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2015
                                      ___________
       Introduced  by  Sen. RITCHIE -- 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  S 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  S 37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS.
   19    1. BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN, 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
   23  PROVIDE A SPECIFIC CHARACTERISTIC, APPEARANCE OR QUALITY, TO  PERFORM  A
   24  SPECIFIC FUNCTION, OR FOR ANY OTHER PURPOSE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02914-02-5
       S. 3844                             2
    1    2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
    2  DISTRIBUTION OF RESIDENTIAL UPHOLSTERED FURNITURE RESOLD OR OFFERED  FOR
    3  RESALE, OR DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
    4  S 37-0905. INCREASED FIRE SAFETY.
    5    1.  BEGINNING DECEMBER FIRST, TWO THOUSAND EIGHTEEN, EACH MANUFACTURER
    6  OF RESIDENTIAL UPHOLSTERED FURNITURE THAT IS SOLD OR OFFERED FOR SALE IN
    7  THE STATE SHALL CERTIFY TO THE DEPARTMENT THAT  ANY  RESIDENTIAL  UPHOL-
    8  STERED  FURNITURE  SOLD  OR  OFFERED  FOR  SALE  IN  THE STATE MEETS THE
    9  REQUIREMENTS OF THE OPEN FLAME FLAMMABILITY STANDARD.
   10    2. A. FOR PURPOSES OF THIS SECTION, "OPEN FLAME FLAMMABILITY STANDARD"
   11  SHALL MEAN A STANDARD, DEVELOPED PURSUANT TO RULES  AND  REGULATIONS  OF
   12  THE  DEPARTMENT,  IN CONSULTATION WITH THE OFFICE OF FIRE PREVENTION AND
   13  CONTROL, REQUIRING RESIDENTIAL UPHOLSTERED  FURNITURE  TO  NOT  LEAD  TO
   14  FLASHOVER  FOR  AT LEAST FIFTEEN MINUTES OF TIME. SUCH STANDARD SHALL BE
   15  REVIEWED FOR EFFECTIVENESS NO LESS  THAN  EVERY  TWO  YEARS,  WITH  SUCH
   16  REVIEW  INCLUDING,  AT  A  MINIMUM, EXAMINATION OF THE STANDARDS USED IN
   17  OTHER STATES.
   18    B. FOR THE PURPOSES OF THIS SECTION "FLASHOVER" SHALL MEAN  THE  POINT
   19  AT  WHICH  ALL EXPOSED SURFACES OF THE RESIDENTIAL UPHOLSTERED FURNITURE
   20  REACH IGNITION TEMPERATURES AND FIRE SPREADS RAPIDLY.
   21    C. FOR THE PURPOSES  OF  THIS  SECTION  "MANUFACTURER"  SHALL  MEAN  A
   22  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY COMPANY OR
   23  CORPORATION THAT ASSEMBLES OR SUBSTANTIALLY ASSEMBLES RESIDENTIAL UPHOL-
   24  STERED FURNITURE FOR SALE IN THE STATE  OR  IMPORTS  RESIDENTIAL  UPHOL-
   25  STERED FURNITURE FOR SALE IN THE STATE.
   26    3.  THE  DEPARTMENT  MAY,  FOLLOWING  PUBLIC HEARINGS, ADOPT RULES AND
   27  REGULATIONS AUTHORIZING AN  EXEMPTION  TO  SUBDIVISION  ONE  OF  SECTION
   28  37-0903  OF THIS TITLE UPON A DETERMINATION BY THE COMMISSIONER THAT THE
   29  PROPOSED CHEMICAL FLAME  RETARDANT  WILL  NOT  NEGATIVELY  AFFECT  HUMAN
   30  HEALTH OR THE ENVIRONMENT. SUCH DETERMINATION MAY ONLY BE MADE AFTER THE
   31  COMPLETION  OF A COMPREHENSIVE HEALTH IMPACT ASSESSMENT CONDUCTED BY THE
   32  DEPARTMENT OF HEALTH, FOLLOWING A MODEL RECOMMENDED BY THE  CENTERS  FOR
   33  DISEASE CONTROL AND PREVENTION.
   34    S  2.  This  act shall take effect on the thirtieth day after it shall
   35  have become a law; provided however, that section 37-0905 of  the  envi-
   36  ronmental  conservation  law  as  added by section one of this act shall
   37  take effect June 1, 2018; provided, however, that  the  commissioner  of
   38  environmental  conservation is authorized and directed to promulgate any
   39  rules and regulations necessary to implement the provisions of this  act
   40  on or before such effective date.