A09964 Summary:

BILL NOA09964
 
SAME ASSAME AS S08227
 
SPONSOREnglebright (MS)
 
COSPNSRPeoples-Stokes, Seawright, Jaffee, Rivera, Simon, D'Urso, Steck, Thiele, Santabarbara, Titone, Lavine, Glick, Galef, Zebrowski, Gottfried, Sepulveda, Pichardo, Lifton, Mosley, Cahill, Williams, Otis, Colton, Rosenthal L, Abinanti, Pellegrino, Hyndman, Weprin, Fahy, Carroll, De La Rosa, Jones, Paulin, Dinowitz, Epstein, Arroyo, Fernandez, Lupardo
 
MLTSPNSR
 
Amd §§37-0703, 37-0705 & 37-0707, En Con L
 
Relates to prohibiting the sale of child products containing organohalogen flame retardant.
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A09964 Actions:

BILL NOA09964
 
03/02/2018referred to environmental conservation
04/17/2018reported referred to codes
04/23/2018reported
04/26/2018advanced to third reading cal.817
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A09964 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:04/17/2018AYE/NAY:30/0 Action: Favorable refer to committee Codes
EnglebrightAyeStecAye
GlickAyeButlerAye
ColtonAyeRaiaAye
CymbrowitzAyePalumboAye
LiftonAyeMill MLAye
O'DonnellAyeMill B Aye
Peoples-StokesAyeGarbarinoAye
GuntherAyeWalterAye
JaffeeAye
TitoneAye
CrespoAye
ThieleAye
AbinantiAye
RyanAye
FahyAye
RozicAye
OtisAye
WilliamsAye
BarrettAye
D'UrsoAye
CarrollAye
PellegrinoAye

CODES Chair:Lentol DATE:04/23/2018AYE/NAY:20/0 Action: Favorable
LentolAyeCurranAye
SchimmingerAbsentGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
TitusAyeGarbarinoAye
O'DonnellAbsent
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye

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A09964 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9964
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the sale of child products containing organohal- ogen flame retardant   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to eliminate the exposure of children to certain flame retardants.   SUMMARY OF PROVISIONS: Amends Article 37 of the Environmental Conservation Law to prohibit the use of organhalogen flame retardants, which contain the element bromine or chlorine, in children's products.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Not applicable.   JUSTIFICATION: The Legislature has acted consistently, most recently in 2011 with a prohibition on the flame retardant TRIS, to prohibit the use of harmful flame retardants in children's products. This legislation, which is based on a Rhode Island law, would prohibit the use of Organohalogen Flame Retardants (OFRs) in children's products. The federal Consumer Product Safety Commission (CPSC) issued a public warning in September 2017 about the recognized health risks of OFRs stating, "The known adverse health effects of these chemicals to consumers include: repro- ductive impairment (e.g., abnormal gonadal development, reduced number of ovarian follicles, reduced sperm count...); neurological impacts (e.g. decreased IQ in children, impaired memory, learning deficits, altered motor behavior, hyperactivity); endocrine disruption and inter- ference with thyroid hormone action (potentially contributing to diabetes and obesity); genotoxicity; cancer; and immune disorders. These chemicals have a disproportionately negative health effect on vulnerable populations, including children." In addition, the CPSC issued very specific recommendations, stating, "Further, the Commission recommends that, before purchasing such products for resale, importers, distribu- tors, and retailers obtain assurances from manufacturers that such products do not contain OFRs. Finally, the Commission recommends that consumers, especially those who are pregnant or with young children, inquire and obtain assurances from retailers that such products do not contain OFRs." This legislation is intended to ensure that parents making purchases in New York do not need to question whether products contain OFRs by prohibiting their use in children's products.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL-GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A09964 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9964
 
                   IN ASSEMBLY
 
                                      March 2, 2018
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, PEOPLES-STOKES, SEAWRIGHT, JAFFEE,
          RIVERA, SIMON, D'URSO, STECK, THIELE,  SANTABARBARA,  TITONE,  LAVINE,
          GLICK,  GALEF,  ZEBROWSKI,  GOTTFRIED,  SEPULVEDA,  PICHARDO,  LIFTON,
          MOSLEY, CAHILL -- read once and referred to the Committee on  Environ-
          mental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the sale of child products containing organohalogen  flame
          retardant
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 37-0703 of the environmental  conservation  law  is
     2  amended by adding a new subdivision 3 to read as follows:
     3    3. "Organohalogen flame retardant" shall include any chemical contain-
     4  ing  the element bromine or chlorine bonded to carbon that is added to a
     5  plastic, foam or textile.
     6    § 2. Subdivision 1 of section 37-0705 of the  environmental  conserva-
     7  tion  law,  as  added  by chapter 259 of the laws of 2011, is amended to
     8  read as follows:
     9    1. (a) Beginning December first, two  thousand  thirteen,  no  person,
    10  firm, partnership, association, limited liability company or corporation
    11  shall  sell or offer for sale any child care product intended for use by
    12  a child three years of age or younger containing TRIS.
    13    (b) Beginning July first, two  thousand  nineteen,  no  person,  firm,
    14  partnership, association, limited liability company or corporation shall
    15  sell  or  offer  for  sale  any child care product intended for use by a
    16  child three years of  age  or  younger  containing  organohalogen  flame
    17  retardant.
    18    §  3.  Section 37-0707 of the environmental conservation law, as added
    19  by chapter 259 of the laws of 2011, is amended to read as follows:
    20  § 37-0707. Preemption.
    21    Jurisdiction in all matters pertaining to TRIS and organohalogen flame
    22  retardant which are regulated pursuant to the provisions of  this  title
    23  shall be vested exclusively in the state.
    24    § 4. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14875-01-8
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