S07737 Summary:
BILL NO | S07737 |
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SAME AS | SAME AS A08723 |
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SPONSOR | KAMINSKY |
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COSPNSR | GAUGHRAN |
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MLTSPNSR | |
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Amd Art 37 Title 10 Title Head, 37-1001, 37-1003, 37-1005, 37-1007 & 37-1009, ren 37-1011 & 37-1013 to be 37-1013 & 37-1015, add 37-1011, En Con L (as proposed in S.4630-B & A.5418-B) | |
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Relates to the ban of the use of certain flame retardant chemicals in furniture and mattresses and in electronic casings. |
S07737 Actions:
BILL NO | S07737 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/07/2022 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/10/2022 | ORDERED TO THIRD READING CAL.65 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2022 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2022 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2022 | referred to environmental conservation | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2022 | substituted for a8723 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2022 | ordered to third reading rules cal.19 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2022 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/24/2022 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
01/24/2022 | SIGNED CHAP.11 |
S07737 Committee Votes:
Go to topS07737 Floor Votes:
Yes
Abbate
Yes
Colton
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Smullen
Yes
Abinanti
Yes
Conrad
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Solages
Yes
Anderson
Yes
Cook
Yes
Gandolfo
Yes
Lunsford
Yes
Pretlow
Yes
Steck
Yes
Angelino
Yes
Cruz
Yes
Giglio JA
Yes
Lupardo
Yes
Quart
Yes
Stern
Yes
Ashby
Yes
Cusick
Yes
Giglio JM
Yes
Magnarelli
Yes
Ra
Yes
Stirpe
Yes
Aubry
Yes
Cymbrowitz
Yes
Glick
Yes
Mamdani
Yes
Rajkumar
Yes
Tague
Yes
Barclay
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Ramos
Yes
Tannousis
Yes
Barnwell
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Reilly
Yes
Tapia
Yes
Barrett
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reyes
Yes
Taylor
Yes
Benedetto
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Richardson
Yes
Thiele
Yes
Bichotte Hermel
Yes
Dilan
Yes
Gunther
Yes
Meeks
ER
Rivera J
Yes
Vanel
Yes
Blankenbush
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera JD
Yes
Walczyk
Yes
Brabenec
No
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rosenthal D
Yes
Walker
Yes
Braunstein
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rosenthal L
Yes
Wallace
Yes
Bronson
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rozic
Yes
Walsh
Yes
Brown
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Salka
Yes
Weinstein
Yes
Burdick
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Santabarbara
Yes
Weprin
Yes
Burgos
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Sayegh
Yes
Williams
Yes
Burke
Yes
Fall
Yes
Jensen
Yes
Nolan
Yes
Schmitt
Yes
Woerner
Yes
Buttenschon
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
ER
Septimo
Yes
Zinerman
Yes
Byrnes
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Sillitti
Yes
Mr. Speaker
Yes
Cahill
No
Friend
Yes
Kim
Yes
Palmesano
Yes
Simon
Yes
Carroll
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Simpson
Yes
Clark
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Smith
‡ Indicates voting via videoconference
S07737 Memo:
Memo not availableGo to top
S07737 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7737 IN SENATE 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: 1 Section 1. The title heading of title 10 of article 37 of the environ- 2 mental conservation law, as added by a chapter of the laws of 2021 3 amending the environmental conservation law relating to the regulation 4 of chemicals in upholstered furniture, mattresses and electronic enclo- 5 sures, as proposed in legislative bills numbers S. 4630-B and A. 5418-B, 6 is amended to read as follows: 7 TITLE [X] 10 8 § 2. Subdivisions 3 and 9 of section 37-1001 of the environmental 9 conservation law, as added by a chapter of the laws of 2021 amending the 10 environmental conservation law relating to the regulation of chemicals 11 in upholstered furniture, mattresses and electronic enclosures, as 12 proposed in legislative bills numbers S. 4630-B and A. 5418-B, are 13 amended to read as follows: 14 3. "Custom upholsterer" means a person who, either by himself or 15 herself or through employees or agents, repairs, reupholsters, recovers, 16 restores, or renews upholstered furniture[, or who makes to order and17specification of the user any article of upholstered residential furni-18ture, using either new materials or owner's materials]. A custom uphol- 19 sterer shall not include any manufacturer of new, ready to be sold 20 furniture, or new made to order furniture. 21 9. "Organohalogen flame retardant chemical" means a chemical that 22 meets both of the following criteria: 23 (a) A functional use for the chemical is to resist or inhibit the 24 spread of fire or as a synergist to chemicals that resist or inhibit the 25 spread of fire; and 26 (b) The chemical contains one or more halogen elements, including 27 fluorine, chlorine, bromine, or iodine, bonded to carbon. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06757-09-2S. 7737 2 1 § 3. Section 37-1003 of the environmental conservation law, as added 2 by a chapter of the laws of 2021 amending the environmental conservation 3 law relating to the regulation of chemicals in upholstered furniture, 4 mattresses and electronic enclosures, as proposed in legislative bills 5 numbers S. 4630-B and A. 5418-B, is amended to read as follows: 6 § 37-1003. Furniture and mattresses. 7 1. Beginning [January] December first, two thousand twenty-four, no 8 person shall sell or offer for sale in the state of New York any new, 9 not previously owned, upholstered furniture or mattress, that contains, 10 or a constituent component of which contains, any [intentionally added] 11 covered flame retardant chemical, individually or in combination, that 12 is any of the following: 13 (a) At or above levels set by the department in regulation; or 14 (b) Intentionally added. 15 2. Beginning [January] December first, two thousand [twenty-three] 16 twenty-five, a custom upholsterer in the state of New York shall not 17 repair, reupholster, re-cover, restore, or renew upholstered furniture 18 or reupholstered furniture using replacement components that contain any 19 [intentionally added] covered flame retardant chemical, individually or 20 in combination, that is any of the following: 21 (a) At or above levels set by the department in regulation; or 22 (b) Intentionally added. 23 § 4. Subdivision 2 of section 37-1005 of the environmental conserva- 24 tion law, as added by a chapter of the laws of 2021 amending the envi- 25 ronmental conservation law relating to the regulation of chemicals in 26 upholstered furniture, mattresses and electronic enclosures, as proposed 27 in legislative bills numbers S. 4630-B and A. 5418-B, is amended to read 28 as follows: 29 2. Upholstered or reupholstered furniture components other than those 30 identified in subdivision [seven] thirteen of section 37-1001 of this 31 title. 32 § 5. Section 37-1007 of the environmental conservation law, as added 33 by a chapter of the laws of 2021 amending the environmental conservation 34 law relating to the regulation of chemicals in upholstered furniture, 35 mattresses and electronic enclosures, as proposed in legislative bills 36 numbers S. 4630-B and A. 5418-B, is amended to read as follows: 37 § 37-1007. Electronic display. 38 Beginning [January] December first, two thousand twenty-four, no 39 person shall sell or offer for sale in the state of New York any elec- 40 tronic display that contains [an intentionally added], in the enclosure 41 or stand of such electronic display, any organohalogen flame retardant 42 chemical [in the enclosure or stand of such electronic display], indi- 43 vidually or in combination, that is any of the following: 44 (a) At or above levels set by the department in regulation; or 45 (b) Intentionally added. 46 § 6. Subdivision 2 of section 37-1009 of the environmental conserva- 47 tion law, as added by a chapter of the laws of 2021 amending the envi- 48 ronmental conservation law relating to the regulation of chemicals in 49 upholstered furniture, mattresses and electronic enclosures, as proposed 50 in legislative bills numbers S. 4630-B and A. 5418-B, is amended to read 51 as follows: 52 2. Beginning one year after the effective date of this title, no elec- 53 tronic display shall be sold in the state unless the manufacturer has 54 submitted an annual report [to the department] identifying all of the 55 organohalogen flame [retardants] retardant chemicals used in the enclo-S. 7737 3 1 sure or stand of the electronic display in a form determined by the 2 department. 3 § 7. Sections 37-1011 and 37-1013 of the environmental conservation 4 law, as added by a chapter of the laws of 2021 amending the environ- 5 mental conservation law relating to the regulation of chemicals in 6 upholstered furniture, mattresses and electronic enclosures, as proposed 7 in legislative bills numbers S. 4630-B and A. 5418-B, are renumbered 8 sections 37-1013 and 37-1015 and a new section 37-1011 is added to read 9 as follows: 10 § 37-1011. Certification of compliance. 11 1. For the purpose of this section the following terms shall have the 12 following meanings: 13 (a) "covered products" shall mean: 14 (i) mattresses, upholstered furniture, or electronic displays; or 15 (ii) upholstered or reupholstered furniture components for custom 16 upholsterers. 17 (b) "manufacturer" shall mean a person who, for sale in the state: 18 (i) assembles or substantially assembles covered products; 19 (ii) manufactures covered products under its own brand name or under 20 any other brand name; 21 (iii) sells covered products under its own brand name; 22 (iv) owns a brand name that it licenses to another person for use on 23 covered products; 24 (v) imports covered products; or 25 (vi) manufactures covered products without affixing a brand name. 26 2. No person that sells covered products shall be held in violation of 27 this title if they can show that they relied in good faith on the writ- 28 ten assurance of the manufacturer that such covered products met the 29 requirements of this title. Such written assurance shall take the form 30 of a certificate of compliance stating that such covered product is in 31 compliance with the requirements of this title, provided however, where 32 compliance is achieved under an exemption provided in section 37-1005 of 33 this title, the certificate shall state the specific basis upon which 34 the exemption is claimed. The certificate of compliance shall be signed 35 by an authorized official of the manufacturer. 36 § 8. This act shall take effect on the same date and in the same 37 manner as a chapter of the laws of 2021 amending the environmental 38 conservation law relating to the regulation of chemicals in upholstered 39 furniture, mattresses and electronic enclosures, as proposed in legisla- 40 tive bills numbers S. 4630-B and A. 5418-B, takes effect.
S07737 LFIN:
  | NO LFIN |