S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6557

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 9, 2013
                               ___________

Introduced by M. of A. SWEENEY, GOTTFRIED, DINOWITZ, WEISENBERG, COLTON,
  LIFTON,  JAFFEE,  ABINANTI, OTIS, ENGLEBRIGHT -- Multi-Sponsored by --
  M. of A. GLICK, ROSENTHAL, THIELE -- read once  and  referred  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:

  Section  1.    Article  37  of  the  environmental conservation law is
amended by adding a new title 9 to read as follows:
                                 TITLE 9
                        CHEMICAL FLAME RETARDANTS
SECTION 37-0901. DEFINITIONS.
        37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS.
        37-0905. INCREASED FIRE SAFETY.
S 37-0901. DEFINITIONS. AS USED IN THIS TITLE:
  1. "CHEMICAL FLAME RETARDANTS" SHALL  MEAN  ANY  HALOGENATED  CHEMICAL
FLAME  RETARDANT, INCLUDING BUT NOT LIMITED TO TDCPP TRIS (1, 3 DICHOLO-
RO-2-PROPYL) PHOSPHATE, AND ANY PHOSPHORUS-BROMINE FLAME RETARDANTS.
  2. "RESIDENTIAL UPHOLSTERED FURNITURE" SHALL MEAN  A  SOFA,  LOVESEAT,
CHAIR,  OTTOMAN,  FOOTSTOOL,  OR  OTHER  ITEM OF FURNITURE, INTENDED FOR
INDOOR USE IN A HOME THAT CONSISTS, IN WHOLE OR  IN  PART,  OF  LEATHER,
PLASTIC,  FABRIC  OR OTHER MATERIAL THAT CONTAINS COTTON, WOOL, POLYURE-
THANE OR OTHER NATURAL OR SYNTHETIC MATERIAL THAT IS PLACED IN  CUSHIONS
OR ON THE FRAME OF THE FURNITURE.
S 37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS.
  1. BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, NO PERSON, FIRM, PART-
NERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY OR CORPORATION SHALL
SELL OR OFFER  FOR  SALE  ANY  RESIDENTIAL  UPHOLSTERED  FURNITURE  THAT
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.
                                                           LBD10248-01-3

              

A. 6557                             2

PROVIDE A SPECIFIC CHARACTERISTIC, APPEARANCE OR QUALITY, TO  PERFORM  A
SPECIFIC FUNCTION, OR FOR ANY OTHER PURPOSE.
  2.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO THE SALE OR
DISTRIBUTION OF RESIDENTIAL UPHOLSTERED FURNITURE RESOLD OR OFFERED  FOR
RESALE, OR DISTRIBUTED BY CONSUMERS FOR CONSUMER USE.
S 37-0905. INCREASED FIRE SAFETY.
  1.  BEGINNING  DECEMBER FIRST, TWO THOUSAND SIXTEEN, EACH MANUFACTURER
OF RESIDENTIAL UPHOLSTERED FURNITURE THAT IS SOLD OR OFFERED FOR SALE IN
THE STATE SHALL CERTIFY TO THE DEPARTMENT THAT  ANY  RESIDENTIAL  UPHOL-
STERED  FURNITURE  SOLD  OR  OFFERED  FOR  SALE  IN  THE STATE MEETS THE
REQUIREMENTS OF THE OPEN FLAME FLAMMABILITY STANDARD.
  2. A. FOR PURPOSES OF THIS SECTION, "OPEN FLAME FLAMMABILITY STANDARD"
SHALL MEAN A STANDARD, DEVELOPED PURSUANT TO RULES  AND  REGULATIONS  OF
THE  DEPARTMENT,  IN CONSULTATION WITH THE OFFICE OF FIRE PREVENTION AND
CONTROL, REQUIRING RESIDENTIAL UPHOLSTERED  FURNITURE  TO  NOT  LEAD  TO
FLASHOVER  FOR  AT LEAST FIFTEEN MINUTES OF TIME. SUCH STANDARD SHALL BE
REVIEWED FOR EFFECTIVENESS NO LESS  THAN  EVERY  TWO  YEARS,  WITH  SUCH
REVIEW  INCLUDING,  AT  A  MINIMUM, EXAMINATION OF THE STANDARDS USED IN
OTHER STATES.
  B. FOR THE PURPOSES OF THIS SECTION "FLASHOVER" SHALL MEAN  THE  POINT
AT  WHICH  ALL EXPOSED SURFACES OF THE RESIDENTIAL UPHOLSTERED FURNITURE
REACH IGNITION TEMPERATURES AND FIRE SPREADS RAPIDLY.
  C. FOR THE PURPOSES  OF  THIS  SECTION  "MANUFACTURER"  SHALL  MEAN  A
PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY COMPANY OR
CORPORATION THAT ASSEMBLES OR SUBSTANTIALLY ASSEMBLES RESIDENTIAL UPHOL-
STERED FURNITURE FOR SALE IN THE STATE  OR  IMPORTS  RESIDENTIAL  UPHOL-
STERED FURNITURE FOR SALE IN THE STATE.
  3.  THE  DEPARTMENT  MAY,  FOLLOWING  PUBLIC HEARINGS, ADOPT RULES AND
REGULATIONS AUTHORIZING AN  EXEMPTION  TO  SUBDIVISION  ONE  OF  SECTION
37-0903  OF THIS TITLE UPON A DETERMINATION BY THE COMMISSIONER THAT THE
PROPOSED CHEMICAL FLAME  RETARDANT  WILL  NOT  NEGATIVELY  AFFECT  HUMAN
HEALTH OR THE ENVIRONMENT. SUCH DETERMINATION MAY ONLY BE MADE AFTER THE
COMPLETION  OF A COMPREHENSIVE HEALTH IMPACT ASSESSMENT CONDUCTED BY THE
DEPARTMENT OF HEALTH, FOLLOWING A MODEL RECOMMENDED BY THE  CENTERS  FOR
DISEASE CONTROL AND PREVENTION.
  S  2.  This  act shall take effect immediately; provided however, that
section 37-0905 of  the  environmental  conservation  law  as  added  by
section one of this act shall take effect June 1, 2016; provided, howev-
er,  that  the  commissioner of environmental conservation is authorized
and directed to promulgate any rules and regulations necessary to imple-
ment the provisions of this act on or before such effective date.