NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6260A
SPONSOR: Gunther
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the use of chemical flame retardants
 
PURPOSE:
The purpose of this bill is to limit residential exposure to chemical
flame retardants and to increase fire safety.
 
SUMMARY OF PROVISIONS:
Section 1 amends Article 37 of the Environmental Conservation Law by
adding a new Title 9, entitled Chemical Flame Retardants. This title
defines "chemical flame retardants," and prohibits the use of chemical
flame retardants in residential upholstered furniture
Section 2 is the effective date.
 
JUSTIFICATION:
The objective of this bill is to prohibit the use of chemical flame
retardants on residential upholstered furniture because of their propen-
sity to combust with rapidity, as well as their adverse health conse-
quences. These retardants are ineffective in preventing the spread of
fires and, more importantly, when combusted the chemicals that are
released form harmful byproducts that have the potential to affect the
health of firefighters, especially female firefighters. Recent studies
have shown that approximately 94 percent of couches manufactured after
2005 contain chemical flame retardants. The amount of chemical flame
retardants present in this type of upholstered furniture is capable of
being measured in pounds.
Flame retardant chemicals were added to upholstered furniture in
response to a 1975 California flammability standard study, which was
conducted in response to concerns about the large number of cigarette
fires. However, the increased sale of flame-retardant chemicals has not
eradicated this issue because the chemicals are so ineffective. The
Chicago Tribune quoted an author of one study as saying, "the fire just
laughs at it."
The vast majority of furniture sold in the United States meets the Cali-
fornia standard due to California's large market share. However, scien-
tific studies have demonstrated that meeting the requirements of the
California standard does not accurately reflect real-world fire behav-
ior. A study conducted by the United States Department of Commerce
National Bureau of Standards found that there were no significant
differences in fire resistance between treated and untreated foams.
Not only are chemical flame retardants ineffective, they pose dangerous
health risks when used daily as well as when ignited. During normal use,
chemical flame retardants migrate out of furniture and into household
dust. Toddlers typically show three times the level of flame retardants
in their blood streams as their parents because of their tendency to put
household items in their mouth. This exposure is on top of what babies
are born with. Furthermore, some chemical retardants are suspected as
carcinogenic. When combusted, chemical flame retardants can form harmful
by-products that have potential adverse health risks to firefighters. A
recent study in San Francisco found that firefighters had two to three
times the rate of flame retardants in their blood stream than the aver-
age. 110 female firefighters in the study experienced a risk of breast
cancer that was nearly six times higher than the general population.
Upholstered furniture can be highly volatile when ignited and has become
a leading cause of firefighter and household deaths because of the rapid
propensity to reach an inflamed, all-consumed stage, called flashover.
Statistics demonstrate that when firefighters are able to arrive at a
scene before the contents of a room have reached flashover, a fire is
able to be contained.
 
PRIOR LEGISLATIVE HISTORY:
2017-2018: A3368A Cal. 266/S742A referred to Environmental Conservation
2015-2016: S.3844-A/A 7837-A Passed Assembly.
2013-2014: A.6557 Passed Assembly.
A.6557 of 2013-2014: Passed Assembly
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the commissioner of environmental
conservation is authorized to promulgate any rules and regulations
necessary to implement the provisions of this act on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
6260--A
R. R. 147
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
___________
Introduced by M. of A. GUNTHER, MAGNARELLI, BUTTENSCHON, WALLACE,
D'URSO, BRONSON, McDONALD, STECK, MANKTELOW, MOSLEY, L. ROSENTHAL,
THIELE, ORTIZ, COLTON, WILLIAMS, GALEF, GOTTFRIED, BARRON -- Multi-
Sponsored by -- M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation -- reported and referred to
the Committee on Codes -- reported and referred to the Committee on
Rules -- amended on the special order of third reading, ordered
reprinted as amended, retaining its place on the special 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:
1 Section 1. Article 37 of the environmental conservation law is
2 amended by adding a new title 9 to read as follows:
3 TITLE 9
4 CHEMICAL FLAME RETARDANTS
5 Section 37-0901. Definitions.
6 37-0903. Prohibition on the use of chemical flame retardants.
7 § 37-0901. Definitions. As used in this title:
8 1. "Chemical flame retardants" shall mean any halogenated chemical
9 flame retardant, including but not limited to TDCPP Tris (1, 3 Dicholo-
10 ro-2-propyl) phosphate, and any Phosphorus-Bromine flame retardants.
11 2. "Residential upholstered furniture" shall mean a sofa, loveseat,
12 chair, ottoman, footstool, or other item of furniture, intended for
13 indoor use in a home that consists, in whole or in part, of leather,
14 plastic, fabric or other material that contains cotton, wool, polyure-
15 thane or other natural or synthetic material that is placed in cushions
16 or on the frame of the furniture.
17 § 37-0903. Prohibition on the use of chemical flame retardants.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03674-02-9
A. 6260--A 2
1 1. Beginning July first, two thousand twenty, no person, firm, part-
2 nership, association, limited liability company or corporation shall
3 sell or offer for sale any residential upholstered furniture that
4 contains chemical flame retardants intentionally-added in order to
5 provide a specific characteristic, appearance or quality, to perform a
6 specific function, or for any other purpose.
7 2. The provisions of this section shall not apply to the sale or
8 distribution of residential upholstered furniture resold or offered for
9 resale, or distributed by consumers for consumer use.
10 § 2. This act shall take effect on the thirtieth day after it shall
11 have become a law. Effective immediately, the commissioner of environ-
12 mental conservation is authorized to promulgate any rules and regu-
13 lations necessary to implement the provisions of this act on or before
14 such effective date.