BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 282


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          ASSEMBLY THIRD READING


          AB  
          282 (Eggman)


          As Amended  June 1, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Business &      |11-0  |Bonilla, Bloom,     |                      |
          |Professions     |      |Campos, Dodd,       |                      |
          |                |      |Eggman, Gatto,      |                      |
          |                |      |Holden, Mullin,     |                      |
          |                |      |Ting, Wilk, Wood    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Human Services  |5-2   |Chu, Calderon,      |Mayes, Maienschein    |
          |                |      |Lopez,              |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Mark Stone,         |                      |
          |                |      |Thurmond            |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |12-5  |Gomez, Bonta,       |Bigelow, Chang,       |
          |                |      |Calderon, Daly,     |Gallagher, Jones,     |
          |                |      |Eggman,             |Wagner                |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |








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          |                |      |Gordon, Holden,     |                      |
          |                |      |Quirk, Rendon,      |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
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          SUMMARY:  Makes it unlawful, beginning January 1, 2018, to sell a  
          corded window covering that does not meet the requirements of the  
          2012 American National Standard for Safety of Corded Window  
          Covering Products (ANSI/WCMA standard) and any successor  
          standards, makes it unlawful for a community care facility or  
          child day care facility that serves children under six years of  
          age to install a corded window covering in the facility, and  
          requires the facilities to remove all corded window coverings by  
          January 1, 2019, or retrofit the corded window coverings with  
          repair kits.  Specifically, this bill:


          1)Makes it unlawful, beginning January 1, 2018, to sell to a  
            purchaser located in this state a corded window covering that  
            does not meet the 2012 ANSI/WCMA standard adopted by the United  
            States Consumer Safety Products Commission (CSPC), consistent  
            with the procedures under the federal Consumer Product Safety  
            Act (Public Law 92-573), and any successor standards. 


          2)Defines "corded window covering" as a window covering, including  
            blinds, curtains, draperies, and shades, that has an accessible  
            cord. 


          3)Defines "accessible cord" as a cord determined to be accessible  
            under the 2012 ANSI/WCMA standard and any successor standards. 


          4)Makes it unlawful for a community care facility or child day  
            care facility that serves children under six years of age to  








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            install a corded window covering in the facility. 


          5)Requires a community care facility or child day care facility  
            that serves children under six years of age to remove all corded  
            window coverings by January 1, 2019, or retrofit the corded  
            window coverings as soon as is reasonably possible with repair  
            kits that are approved by either the CPSC or the Window Covering  
            Safety Council. 


          6)Authorizes the State Department of Social Services to require a  
            facility that fails to comply with the removal or retrofit  
            requirements to replace existing corded window coverings with  
            cordless window coverings that meet the requirements of the 2012  
            ANSI/WCMA standards and any successor standards.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Unknown costs to community care and child day care facilities to  
            replace or alter existing corded window coverings. There are  
            approximately 66,000 licensed care facilities in the state, of  
            which approximately 23,000 would be covered by this bill. It is  
            unknown how many of these would be impacted by this bill.
          2)Minor, likely absorbable, costs to the Community Care Licensing  
            Division within the Department of Social Services (DSS) to  
            incorporate window coverings into their current inspection  
            protocol.


            COMMENTS:


          Purpose.  This bill is sponsored by the Consumer Federation of  
          America.  According to the author, "This bill will protect  
          children from the preventable strangulation hazard posed by cords  








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          on window coverings.  The [CPSC] identified window coverings as  
          one of the top five hidden home hazards in the country.  Certain  
          window covering cords may present an unreasonable risk of injury,  
          specifically strangulation, to young children.


          "Despite their availability, safe window coverings are not widely  
          used by consumers, because they are more expensive than corded  
          window coverings.  Due to the high risk of injury to children,  
          failure of the voluntary standard to address cord hazards, and the  
          availability of products and technology in the marketplace that  
          can reduce the risks caused by corded window coverings, it is  
          necessary to prohibit hazardous accessible operating cords on  
          these products."


          Background.  CPSC estimates that at least 11 fatal strangulations  
          related to window covering cords occurred per year in the United  
          States from 1999 through 2010, among children under five years old  
          (80 Federal Register (FR) 2332).  Additionally, the CPSC found  
          that, from 1996 through 2012, an estimated 1,590 children received  
          treatment for injuries resulting from entanglements on window  
          covering cords. 


          The current safety standard for corded window coverings is the  
          2014 ANSI/WCMA standard.  The ANSI/WCMA standards are voluntary  
          standards, which are non-government consensus standards  
          facilitated by a voluntary standards organization.  The CPSC  
          considers voluntary standards to be a safety floor. 


          According to the CPSC, the ANSI/WCMA standards do not eliminate  
          all hazards associated with pull cords or continuous loop cords  
          (80 FR 2338).  However, window coverings associated with inner  
          cords appeared to be manufactured before the most recent standard  
          was published (80 FR 2341).










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          On October 8, 2014, to address possible deficiencies in window  
          covering safety standards the California Building Standards  
          Commission granted a petition to initiate a rulemaking. As a part  
          of the process, the CPSC will look at societal cost, manufacturer  
          cost, market and demographic information, and other current safety  
          standards and the associated data (80 FR 2348).




          Analysis Prepared by:                                               
                          Vincent Chee / B. & P. / (916) 319-3301  FN:  
          0000805