S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3368--A
                                                         Cal. No. 266
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BRINDISI, SKOUFIS, HUNTER, GOTTFRIED, ROZIC,
   SEPULVEDA,  ORTIZ,  ENGLEBRIGHT,  ZEBROWSKI,  D'URSO,  BLAKE,   GLICK,
   BUCHWALD,  L. ROSENTHAL,  COLTON, ABINANTI, JENNE, FAHY, OTIS, WEPRIN,
   CARROLL, QUART, DINOWITZ, THIELE, STECK -- Multi-Sponsored by -- M. of
   A. GALEF -- read once and referred to the Committee  on  Environmental
   Conservation  --  ordered  to  a  third  reading,  amended and ordered
   reprinted, retaining its place on the order of third reading
 
 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.
 § 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.
 § 37-0903. PROHIBITION ON THE USE OF CHEMICAL FLAME RETARDANTS.
   1. BEGINNING JULY FIRST, TWO THOUSAND NINETEEN, NO PERSON, FIRM, PART-
 NERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY  OR  CORPORATION  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01978-03-8

 A. 3368--A                          2
 
 SELL  OR  OFFER  FOR  SALE  ANY  RESIDENTIAL  UPHOLSTERED FURNITURE THAT
 CONTAINS CHEMICAL  FLAME  RETARDANTS  INTENTIONALLY-ADDED  IN  ORDER  TO
 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.
 § 37-0905. INCREASED FIRE SAFETY.
   1. BEGINNING DECEMBER FIRST, TWO THOUSAND TWENTY-ONE, EACH MANUFACTUR-
 ER 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided however, that section 37-0905 of  the  envi-
 ronmental  conservation  law  as  added by section one of this act shall
 take effect June 1, 2021; provided, however, that  the  commissioner  of
 environmental  conservation is authorized and directed to promulgate any
 rules and regulations necessary to implement the provisions of this  act
 on or before such effective date.