S T A T E O F N E W Y O R K
________________________________________________________________________
7737
I N S E N A T E
January 7, 2022
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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:
Section 1. The title heading of title 10 of article 37 of the environ-
mental conservation law, as added by a chapter of the laws of 2021
amending the environmental conservation law relating to the regulation
of chemicals in upholstered furniture, mattresses and electronic enclo-
sures, as proposed in legislative bills numbers S. 4630-B and A. 5418-B,
is amended to read as follows:
TITLE [X] 10
§ 2. Subdivisions 3 and 9 of section 37-1001 of the environmental
conservation law, as added by a chapter of the laws of 2021 amending the
environmental conservation law relating to the regulation of chemicals
in upholstered furniture, mattresses and electronic enclosures, as
proposed in legislative bills numbers S. 4630-B and A. 5418-B, are
amended to read as follows:
3. "Custom upholsterer" means a person who, either by himself or
herself or through employees or agents, repairs, reupholsters, recovers,
restores, or renews upholstered furniture[, or who makes to order and
specification of the user any article of upholstered residential furni-
ture, using either new materials or owner's materials]. A CUSTOM UPHOL-
STERER SHALL NOT INCLUDE ANY MANUFACTURER OF NEW, READY TO BE SOLD
FURNITURE, OR NEW MADE TO ORDER FURNITURE.
9. "Organohalogen flame retardant chemical" means a chemical that
MEETS BOTH OF THE FOLLOWING CRITERIA:
(A) A FUNCTIONAL USE FOR THE CHEMICAL IS TO RESIST OR INHIBIT THE
SPREAD OF FIRE OR AS A SYNERGIST TO CHEMICALS THAT RESIST OR INHIBIT THE
SPREAD OF FIRE; AND
(B) THE CHEMICAL contains one or more halogen elements, including
fluorine, chlorine, bromine, or iodine, bonded to carbon.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06757-09-2
S. 7737 2
§ 3. Section 37-1003 of the environmental conservation law, as added
by a chapter of the laws of 2021 amending the environmental conservation
law relating to the regulation of chemicals in upholstered furniture,
mattresses and electronic enclosures, as proposed in legislative bills
numbers S. 4630-B and A. 5418-B, is amended to read as follows:
§ 37-1003. Furniture and mattresses.
1. Beginning [January] DECEMBER first, two thousand twenty-four, no
person shall sell or offer for sale in the state of New York any new,
not previously owned, upholstered furniture or mattress, that contains,
or a constituent component of which contains, any [intentionally added]
covered flame retardant chemical, individually or in combination, THAT
IS ANY OF THE FOLLOWING:
(A) AT OR ABOVE LEVELS SET BY THE DEPARTMENT IN REGULATION; OR
(B) INTENTIONALLY ADDED.
2. Beginning [January] DECEMBER first, two thousand [twenty-three]
TWENTY-FIVE, a custom upholsterer in the state of New York shall not
repair, reupholster, re-cover, restore, or renew upholstered furniture
or reupholstered furniture using replacement components that contain any
[intentionally added] covered flame retardant chemical, individually or
in combination, THAT IS ANY OF THE FOLLOWING:
(A) AT OR ABOVE LEVELS SET BY THE DEPARTMENT IN REGULATION; OR
(B) INTENTIONALLY ADDED.
§ 4. Subdivision 2 of section 37-1005 of the environmental conserva-
tion law, as added by a chapter of the laws of 2021 amending the envi-
ronmental conservation law relating to the regulation of chemicals in
upholstered furniture, mattresses and electronic enclosures, as proposed
in legislative bills numbers S. 4630-B and A. 5418-B, is amended to read
as follows:
2. Upholstered or reupholstered furniture components other than those
identified in subdivision [seven] THIRTEEN of section 37-1001 of this
title.
§ 5. Section 37-1007 of the environmental conservation law, as added
by a chapter of the laws of 2021 amending the environmental conservation
law relating to the regulation of chemicals in upholstered furniture,
mattresses and electronic enclosures, as proposed in legislative bills
numbers S. 4630-B and A. 5418-B, is amended to read as follows:
§ 37-1007. Electronic display.
Beginning [January] DECEMBER first, two thousand twenty-four, no
person shall sell or offer for sale in the state of New York any elec-
tronic display that contains [an intentionally added], IN THE ENCLOSURE
OR STAND OF SUCH ELECTRONIC DISPLAY, ANY organohalogen flame retardant
chemical [in the enclosure or stand of such electronic display], INDI-
VIDUALLY OR IN COMBINATION, THAT IS ANY OF THE FOLLOWING:
(A) AT OR ABOVE LEVELS SET BY THE DEPARTMENT IN REGULATION; OR
(B) INTENTIONALLY ADDED.
§ 6. Subdivision 2 of section 37-1009 of the environmental conserva-
tion law, as added by a chapter of the laws of 2021 amending the envi-
ronmental conservation law relating to the regulation of chemicals in
upholstered furniture, mattresses and electronic enclosures, as proposed
in legislative bills numbers S. 4630-B and A. 5418-B, is amended to read
as follows:
2. Beginning one year after the effective date of this title, no elec-
tronic display shall be sold in the state unless the manufacturer has
submitted an annual report [to the department] identifying all of the
ORGANOHALOGEN flame [retardants] RETARDANT CHEMICALS used in the enclo-
S. 7737 3
sure or stand of the electronic display in a form determined by the
department.
§ 7. Sections 37-1011 and 37-1013 of the environmental conservation
law, as added by a chapter of the laws of 2021 amending the environ-
mental conservation law relating to the regulation of chemicals in
upholstered furniture, mattresses and electronic enclosures, as proposed
in legislative bills numbers S. 4630-B and A. 5418-B, are renumbered
sections 37-1013 and 37-1015 and a new section 37-1011 is added to read
as follows:
§ 37-1011. CERTIFICATION OF COMPLIANCE.
1. FOR THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "COVERED PRODUCTS" SHALL MEAN:
(I) MATTRESSES, UPHOLSTERED FURNITURE, OR ELECTRONIC DISPLAYS; OR
(II) UPHOLSTERED OR REUPHOLSTERED FURNITURE COMPONENTS FOR CUSTOM
UPHOLSTERERS.
(B) "MANUFACTURER" SHALL MEAN A PERSON WHO, FOR SALE IN THE STATE:
(I) ASSEMBLES OR SUBSTANTIALLY ASSEMBLES COVERED PRODUCTS;
(II) MANUFACTURES COVERED PRODUCTS UNDER ITS OWN BRAND NAME OR UNDER
ANY OTHER BRAND NAME;
(III) SELLS COVERED PRODUCTS UNDER ITS OWN BRAND NAME;
(IV) OWNS A BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR USE ON
COVERED PRODUCTS;
(V) IMPORTS COVERED PRODUCTS; OR
(VI) MANUFACTURES COVERED PRODUCTS WITHOUT AFFIXING A BRAND NAME.
2. NO PERSON THAT SELLS COVERED PRODUCTS SHALL BE HELD IN VIOLATION OF
THIS TITLE IF THEY CAN SHOW THAT THEY RELIED IN GOOD FAITH ON THE WRIT-
TEN ASSURANCE OF THE MANUFACTURER THAT SUCH COVERED PRODUCTS MET THE
REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL TAKE THE FORM
OF A CERTIFICATE OF COMPLIANCE STATING THAT SUCH COVERED PRODUCT IS IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, PROVIDED HOWEVER, WHERE
COMPLIANCE IS ACHIEVED UNDER AN EXEMPTION PROVIDED IN SECTION 37-1005 OF
THIS TITLE, THE CERTIFICATE SHALL STATE THE SPECIFIC BASIS UPON WHICH
THE EXEMPTION IS CLAIMED. THE CERTIFICATE OF COMPLIANCE SHALL BE SIGNED
BY AN AUTHORIZED OFFICIAL OF THE MANUFACTURER.
§ 8. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the environmental
conservation law relating to the regulation of chemicals in upholstered
furniture, mattresses and electronic enclosures, as proposed in legisla-
tive bills numbers S. 4630-B and A. 5418-B, takes effect.
