NY State Senate Bill 2015-S5585

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
May 28, 2015	reported and committed to finance
May 15, 2015	referred to environmental conservation

Votes

- May 28, 2015 - Environmental Conservation Committee Vote
  S5585
  
  8
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 28, 2015
      
      aye (8)
      
      Avella
      
      Espaillat
      
      Funke
      
      LaValle
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Young
      
      aye wr (5)
      
      Addabbo Jr.
      
      Hoylman-Sigal
      
      Latimer
      
      Little
      
      Serrano

co-Sponsors

2015-S5585 (ACTIVE) - Details

See Assembly Version of this Bill:: A9583
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0903, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4780
2017-2018: S742
2019-2020: S1367
2021-2022: S2718

2015-S5585 (ACTIVE) - Summary

Enacts the "upholstered furniture safety act".

2015-S5585 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5585

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
upholstered furniture safety act

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to limit residential exposure to chemical
flame retardants and to increase fire safety.

SUMMARY OF SPECIFIC PROVISIONS:

Section one provides definitions for "upholstered furniture" including
what is excluded from this definition, and "retailer". It also sets
smolder resistance standards to be set in accord to the standards for
upholstered furniture recently set by the California department of
Consumer Affairs, Bureau of Electronic and Appliance Repair, Home
Furnishings and Thermal Insulation, as well as exclusions from this
subdivision.

Section two provides for the Commissioner of the New York state division
of homeland security and emergency services, in consultation with the
New York state office of fire prevention and control, to prepare a
report to be delivered to both the Governor and the Legislature by

February, 1 2018 which would assess the fire barrier technologies,
availability and cost effectiveness as defined in section 37-0901 of the
environmental conservation law, added by section one of this act.
Section Two also provides that the commissioner shall consult with
interested stakeholders.

Section three provides the effective date.

JUSTIFICATION:

Recent studies have shown that approximately 94 percent of couches manu-
factured after 2005 contain chemical flame retardants - in amounts capa-
ble of being measured in pounds. The flame retardant chemicals were
added in response to a 1975 California flammability standard, TB 117,
which was developed in response to concerns about the large number of
cigarette fires. An editorial in Newsday described the process as
follows "So, the (cigarette) industry solution to these unfortunate
deaths was to add flame retardant chemicals to furniture. The result:  a
vast increase in sales of flame-retardant chemicals, even though they're
ineffective. The "Chicago Tribune quoted the author of one study as
saying: 'The fire just laughs at it." The lion's share of furniture sold
in the United States meets the California standard due to California's
large market share.

Scientific studies have also demonstrated that meeting the requirements
of TB 117 did not accurately reflect real-world fire behavior and that

the addition of chemical flame retardants offered very little additional
effectiveness. A study conducted by the United States Department of
Commerce, National Bureau of Standards, found that there were no signif-
icant differences in fire resistance between treated and untreated
foams.

The chemical flame retardants migrate out of furniture and into house-
hold dust. Because of their tendency to put items in their mouth,
toddlers typically have three times the level of flame retardants as
their parents. This exposure is on top of what babies are born with. An
article in the Chicago Tribune stated "A typical American baby is born
with the highest recorded concentrations of flame retardants among
infants in the world." Many flame retardants, most notably halogenated
chemical retardants, have been associated with adverse health impacts.
For example, the Consumer Product Safety Commission identified the flame
retardant Tris as a threat to human health, and California has identi-
fied Tris as a suspected human carcinogen. In addition, when combusted,
chemical flame retardants can also form harmful by-products with the
potential to affect the health of firefighters adversely. A recent study
in San Francisco found that firefighters had two to three times the rate
of flame retardants in their blood stream than average and found that
the 110 female firefighters in the study experienced a risk of breast
cancer that was nearly six times higher than the general population.

In addition, there is precedent for banning dangerous flame retardants.
New York State has previously banned the use of the brominated flame
retardant PentaBDE, and banned the use of Tris (TCEP) in children's
products.

California has recently adopted revisions to TB 117, setting forth a new
smolder standard that will allow manufactures to make upholstered furni-
ture without the use of chemical flame retardants. This bill will
require upholstered furniture for sale in New York to meet the recently
adopted California standard. Removing toxic chemicals from upholstered
furniture will protect public health and make it safer for emergency
responders to fight fires.

PRIOR LEGISLATIVE HISTORY:

S.4780 (2014)

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5585 (ACTIVE) - Bill Text download pdf

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

                                  5585

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 15, 2015
                               ___________

Introduced  by  Sen.  O'MARA -- 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
  upholstered furniture safety act

  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
                    UPHOLSTERED FURNITURE SAFETY ACT
SECTION 37-0901. DEFINITIONS.
        37-0903. SMOLDER RESISTANCE STANDARDS.
S 37-0901. DEFINITIONS.
  AS USED IN THIS TITLE:
  1.  "UPHOLSTERED  FURNITURE" MEANS ANY FURNITURE, INCLUDING CHILDREN'S
FURNITURE, MOVABLE OR STATIONARY, WHICH IS MADE OR SOLD WITH CUSHIONS OR
PILLOWS, LOOSE OR ATTACHED, OR IS ITSELF STUFFED OR FILLED IN  WHOLE  OR
IN PART WITH ANY MATERIAL, IS OR CAN BE STUFFED OR FILLED IN WHOLE OR IN
PART  WITH  ANY  SUBSTANCE OR MATERIAL, HIDDEN OR CONCEALED BY FABRIC OR
ANY OTHER COVERING, INCLUDING CUSHIONS OR PILLOWS BELONGING TO OR  FORM-
ING  A  PART  THEREOF,  TOGETHER  WITH THE STRUCTURAL UNITS, THE FILLING
MATERIAL AND ITS CONTAINER AND ITS COVERING  WHICH  CAN  BE  USED  AS  A
SUPPORT FOR THE BODY OF A HUMAN BEING, OR HIS OR HER LIMBS AND FEET WHEN
SITTING OR RESTING IN AN UPRIGHT OR RECLINING POSITION.  FOR PURPOSES OF
THIS SECTION, UPHOLSTERED FURNITURE SHALL NOT INCLUDE:
  (A) FURNITURE USED EXCLUSIVELY FOR THE PURPOSE OF PHYSICAL FITNESS AND
EXERCISE;
  (B) CUSHIONS AND PADS DESIGNED FOR OUTDOOR USE;
  (C)  ANY  ARTICLE  WHICH  IS SMOOTH SURFACED AND CONTAINS NO MORE THAN
ONE-HALF INCH OF FILLING MATERIAL, PROVIDED THAT SUCH ARTICLE  DOES  NOT
HAVE A HORIZONTAL SURFACE MEETING A VERTICAL SURFACE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11186-01-5

S. 5585                             2

  (D)  BASSINETS,  BOOSTER  SEATS,  CAR SEATS, CHANGING PADS, FLOOR PLAY
MATS, HIGHCHAIRS, HIGHCHAIR  PADS,  INFANT  BOUNCERS,  INFANT  CARRIERS,
INFANT  SEATS,  INFANT  SWINGS,  INFANT  WALKERS,  NURSING PADS, NURSING
PILLOWS, PLAYPEN SIDE  PADS,  PLAYARDS,  PORTABLE  HOOK-ON  CHAIRS,  AND
STROLLERS; AND
  (E) ANY ARTICLE MANUFACTURED IN ACCORDANCE WITH A WRITTEN PRESCRIPTION
FROM ANY ONE OF THE HEALTH CARE PROFESSIONALS SET FORTH IN THIS SUBDIVI-
SION,  OR  MANUFACTURED  IN  ACCORDANCE  WITH  OTHER  COMPARABLE WRITTEN
MEDICAL THERAPEUTIC SPECIFICATION, TO BE USED  IN  CONNECTION  WITH  THE
TREATMENT  OR  MANAGEMENT  OF  A  NAMED INDIVIDUAL'S PHYSICAL ILLNESS OR
INJURY. ANY ONE OF THE FOLLOWING HEALTH CARE PROFESSIONALS  MAY  PROVIDE
THE  WRITTEN PRESCRIPTION REQUIRED BY THIS SUBDIVISION PROVIDED THAT THE
HEALTH CARE PROFESSIONAL HAS A CURRENT AND VALID LICENSE TO PRACTICE  IN
NEW  YORK  OR  ANY  OTHER  STATE  OF  THE  UNITED  STATES  IN  WHICH THE
PRESCRIPTION WAS WRITTEN: PHYSICIANS, CHIROPRACTORS OR OSTEOPATHS.
  2. "RETAILER" MEANS A PERSON WHO  SELLS  ANY  ARTICLE  OF  UPHOLSTERED
FURNITURE TO A CONSUMER OR USER OF THE ARTICLE AS PURCHASED.
S 37-0903. SMOLDER RESISTANCE STANDARDS.
  1.  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, ANY UPHOLSTERED
FURNITURE MANUFACTURED FOR SALE IN THE STATE AND  SOLD  OR  OFFERED  FOR
SALE TO THE GENERAL PUBLIC AT RETAIL OUTLETS IN THE STATE SHALL MEET THE
MOST  RECENTLY ADOPTED STANDARDS FOR THE SMOLDER RESISTANCE OF MATERIALS
USED IN UPHOLSTERED FURNITURE ESTABLISHED BY THE  CALIFORNIA  DEPARTMENT
OF  CONSUMER  AFFAIRS,  BUREAU  OF ELECTRONIC AND APPLIANCE REPAIR, HOME
FURNISHINGS AND THERMAL INSULATION, AND SHALL INCLUDE AN  AFFIXED  LABEL
DEMONSTRATING COMPLIANCE WITH SUCH STANDARD.
  2. THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO:
  (A) ANY UPHOLSTERED FURNITURE IN A RETAILER'S INVENTORY PRIOR TO JANU-
ARY  FIRST,  TWO  THOUSAND  SEVENTEEN AND SOLD OR OFFERED FOR SALE AFTER
SUCH DATE; OR (B) ANY UPHOLSTERED FURNITURE THAT IS  REPAIRED,  REUPHOL-
STERED, RE-COVERED, RESTORED, RENEWED OR MADE TO ORDER AND SPECIFICATION
OF THE USER USING EITHER NEW MATERIALS OR THE OWNER'S MATERIALS.
  S  2.    The  commissioner  of the New York state division of homeland
security and emergency services, in consultation with the New York state
office of fire prevention and control, shall on or  before  February  1,
2018,  prepare  a report to be delivered to the governor and legislature
assessing emerging fire barrier materials and other  relevant  technolo-
gies  to  examine  their open flame resistant properties, evaluate their
cost effectiveness and determine their applicability in open flame test-
ing of upholstered furniture as defined in section 37-0901 of the  envi-
ronmental  conservation  law,  as  added by section one of this act. The
commissioner shall consult with interested stakeholders and  incorporate
findings  from  similar  research  performed by the California Bureau of
Electronic and Appliance Repair, Home Furnishings and Thermal Insulation
(BEARHFTI).
  S 3. This act shall take effect immediately.

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Senate Bill S5585

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

May 28, 2015 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 28, 2015

co-Sponsors

2015-S5585 (ACTIVE) - Details

2015-S5585 (ACTIVE) - Summary

2015-S5585 (ACTIVE) - Sponsor Memo

2015-S5585 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5585

Share this bill

Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

John J. Bonacic

Patrick M. Gallivan

Joseph E. Robach

2015-S5585 (ACTIVE) - Details

2015-S5585 (ACTIVE) - Summary

2015-S5585 (ACTIVE) - Sponsor Memo

2015-S5585 (ACTIVE) - Bill Text download pdf

Comments