|SAME AS||SAME AS S01367|
|COSPNSR||Magnarelli, Buttenschon, Wallace, D'Urso, Bronson, McDonald, Steck|
|Add Art 37 Title 9 §§37-0901 - 37-0905, En Con L|
|Prohibits the use of chemical flame retardants on residential upholstered furniture beginning July first, 2020.|
|03/04/2019||referred to environmental conservation|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6260 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," prohibits the use of chemical flame retardants, and increases fire safety by requiring manufacturers to certify, beginning December 1, 2021, that residential upholstered furni- ture offered for sale in New York meets the requirements of the "open flame flammability standard." "Open flame flammability standard" is defined as a standard, developed pursuant to the 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. The standard must be reviewed no less than ever two years and include an assessment of the standards used in other states. The section also authorizes the Department of Environmental Conservation (DEC) to approve exemptions to the prohibition on the use of chemical flame retardants upon a determination that the proposed chemical flame retardant does not pose a risk to human health or the environment. 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 house- hold dust. Toddlers typically show three times the level of flame retar- dants 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 average. 110 female firefighters in the study experi- enced 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. This bill prohibits the sale of residential uphol- stered furniture in New York that becomes fully engulfed and subject to flashover in less than fifteen minutes from the time it is exposed to a heat source and prohibits the use of certain chemical flame retardants that are added to the composition of the furniture. Furthermore, the chemical flame retardants as stipulated in the legislation, are recog- nized as posing a danger to both firefighters and citizens because of their toxic qualities when used every day, as well as their particular gaseous qualities when inhaled during a fire. For all of the foregoing reasons it is imperative that this bill is enacted.   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; provided however, that section 37-0905 shall take effect June 1, 2022, and the Department of Environmental Conservation may adopt regulations necessary to implement the act prior to the effective date.
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STATE OF NEW YORK ________________________________________________________________________ 6260 2019-2020 Regular Sessions IN ASSEMBLY March 4, 2019 ___________ Introduced by M. of A. GUNTHER, MAGNARELLI, BUTTENSCHON -- read once and referred to the Committee on Environmental Conservation 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 37-0905. Increased fire safety. 8 § 37-0901. Definitions. As used in this title: 9 1. "Chemical flame retardants" shall mean any halogenated chemical 10 flame retardant, including but not limited to TDCPP Tris (1, 3 Dicholo- 11 ro-2-propyl) phosphate, and any Phosphorus-Bromine flame retardants. 12 2. "Residential upholstered furniture" shall mean a sofa, loveseat, 13 chair, ottoman, footstool, or other item of furniture, intended for 14 indoor use in a home that consists, in whole or in part, of leather, 15 plastic, fabric or other material that contains cotton, wool, polyure- 16 thane or other natural or synthetic material that is placed in cushions 17 or on the frame of the furniture. 18 § 37-0903. Prohibition on the use of chemical flame retardants. 19 1. Beginning July first, two thousand twenty, no person, firm, part- 20 nership, association, limited liability company or corporation shall 21 sell or offer for sale any residential upholstered furniture that 22 contains chemical flame retardants intentionally-added in order to 23 provide a specific characteristic, appearance or quality, to perform a 24 specific function, or for any other purpose. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03674-01-9A. 6260 2 1 2. The provisions of this section shall not apply to the sale or 2 distribution of residential upholstered furniture resold or offered for 3 resale, or distributed by consumers for consumer use. 4 § 37-0905. Increased fire safety. 5 1. Beginning December first, two thousand twenty-two, each manufactur- 6 er of residential upholstered furniture that is sold or offered for sale 7 in the state shall certify to the department that any residential uphol- 8 stered furniture sold or offered for sale in the state meets the 9 requirements of the open flame flammability standard. 10 2. a. For purposes of this section, "open flame flammability standard" 11 shall mean a standard, developed pursuant to rules and regulations of 12 the department, in consultation with the office of fire prevention and 13 control, requiring residential upholstered furniture to not lead to 14 flashover for at least fifteen minutes of time. Such standard shall be 15 reviewed for effectiveness no less than every two years, with such 16 review including, at a minimum, examination of the standards used in 17 other states. 18 b. For the purposes of this section "flashover" shall mean the point 19 at which all exposed surfaces of the residential upholstered furniture 20 reach ignition temperatures and fire spreads rapidly. 21 c. For the purposes of this section "manufacturer" shall mean a 22 person, firm, partnership, association, limited liability company or 23 corporation that assembles or substantially assembles residential uphol- 24 stered furniture for sale in the state or imports residential uphol- 25 stered furniture for sale in the state. 26 3. The department may, following public hearings, adopt rules and 27 regulations authorizing an exemption to subdivision one of section 28 37-0903 of this title upon a determination by the commissioner that the 29 proposed chemical flame retardant will not negatively affect human 30 health or the environment. Such determination may only be made after the 31 completion of a comprehensive health impact assessment conducted by the 32 department of health, following a model recommended by the centers for 33 disease control and prevention. 34 § 2. This act shall take effect on the thirtieth day after it shall 35 have become a law; provided however, that section 37-0905 of the envi- 36 ronmental conservation law as added by section one of this act shall 37 take effect June 1, 2022; provided, however, that the commissioner of 38 environmental conservation is authorized and directed to promulgate any 39 rules and regulations necessary to implement the provisions of this act 40 on or before such effective date.
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