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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S08702 Summary: BILL NO S08702A &nbsp SAME AS SAME AS A08537-A

&nbsp SPONSOR HINCHEY &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§37-0905, 37-0909, 37-1001, 37-1011 & 71-3703, add §37-1004, En Con L &nbsp Prohibits the sale of any children's product, upholstered furniture or mattress that contains textile fiberglass; prohibits any custom upholsterer from repairing, reupholstering, recovering, restoring or renewing upholstered furniture or reupholstered furniture using a replacement component that contains textile fiberglass, fibrous glass or glass wool.

Go to top S08702 Text:

STATE OF NEW YORK ________________________________________________________________________

8702--A

IN SENATE

January 7, 2026 ___________

Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to prohibiting the sale of any children's product, upholstered furniture or mattress that contains textile fiberglass

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Paragraph (a) of subdivision 2 of section 37-0905 of the 2 environmental conservation law is amended by adding a new subparagraph 3 (viii) to read as follows: 4 (viii) Fibrous glass or glass wool (CAS 65997-17-3) 5 § 2. Subdivision 1 of section 37-0909 of the environmental conserva- 6 tion law, as amended by section 1 of subpart AA of part XX of chapter 55 7 of the laws of 2020, is amended to read as follows: 8 1. (a) Effective January first, two thousand twenty-three, no person 9 shall distribute, sell or offer for sale in this state a children's 10 product in which tris (1, 3 dichloro-2-propyl) phosphate (CAS 11 13674-87-8), benzene (CAS 71-43-2),[ , ] or asbestos (CAS 1332-21-4) is 12 intentionally added. 13 (b) Effective December first, two thousand twenty-nine, no person 14 shall distribute, sell or offer for sale in this state a children's 15 product in which fibrous glass or glass wool (CAS 65997-17-3) is inten- 16 tionally added. 17 [ This provision ] 1-a. The provisions of subdivision one of this 18 section shall not apply: (a) to a children's product solely based on its 19 containing an enclosed battery or enclosed electronic components; (b) 20 where state regulation of children's products is preempted by federal 21 law; (c) where the chemical is present as a trace contaminant; or (d) to 22 an inaccessible component of a children's product that during reason- 23 able, foreseeable use and abuse of the product would not come into 24 direct contact with a child's skin or mouth, as determined by the 25 department. The commissioner may exempt a children's product from this

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13138-03-6

S. 8702--A 2

1 prohibition if, in the commissioner's judgment, the lack of availability 2 of the children's product could pose an unreasonable risk to public 3 health, safety or welfare. 4 § 3. Section 37-1001 of the environmental conservation law is amended 5 by adding a new subdivision 14 to read as follows: 6 14. "Textile fiberglass" means textile yarns whose composition 7 includes one or more continuous glass filaments in a form suitable for 8 knitting, wearing, or otherwise intertwining to form a textile fabric, 9 but shall exclude the following: 10 (a) thread or fiber used for stitching mattress components together; 11 and 12 (b) yarns in which the glass filaments are core-spun or sheathed by 13 another fiber. 14 § 4. The environmental conservation law is amended by adding a new 15 section 37-1004 to read as follows: 16 § 37-1004. Textile fiberglass. 17 1. Beginning December first, two thousand twenty-nine, no person shall 18 sell or offer for sale in the state of New York any new, not previously 19 owned, upholstered furniture or mattress, that contains, or a constitu- 20 ent component of which contains, textile fiberglass. 21 2. Beginning December first, two thousand thirty, a custom upholsterer 22 in the state of New York shall not repair, reupholster, re-cover, 23 restore or renew upholstered furniture or reupholstered furniture using 24 replacement components that contain textile fiberglass. 25 § 5. Paragraph (a) of subdivision 1 of section 37-1011 of the environ- 26 mental conservation law, as added by chapter 11 of the laws of 2022, is 27 amended to read as follows: 28 (a) "covered products" shall mean: 29 (i) mattresses, upholstered furniture, or electronic displays as 30 provided in sections 37-1003 and 37-1004 of this title ; or 31 (ii) upholstered or reupholstered furniture components for custom 32 upholsterers as provided in sections 37-1003 and 37-1004 of this title . 33 § 6. Subdivision 5 of section 71-3703 of the environmental conserva- 34 tion law, as added by chapter 829 of the laws of 2021, is amended to 35 read as follows: 36 5. Any person who violates any of the provisions of or who fails to 37 perform any duty imposed by sections 37-1003 , 37-1004, and 37-1007 of 38 this chapter or any rule or regulation promulgated pursuant hereto, 39 shall be liable for a civil penalty not to exceed one thousand dollars 40 for each day during which such violation continues, and in addition 41 thereto, such person may be enjoined from continuing such violation. 42 Such person shall for a second violation be liable to the people of the 43 state for a civil penalty not to exceed two thousand five hundred 44 dollars for each day during which such violation continues. 45 § 7. This act shall take effect immediately.

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