BILL ANALYSIS Ó AB 282 Page 1 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, | | AB 282 Page 2 | | |Gordon, Holden, | | | | |Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- 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 AB 282 Page 3 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 AB 282 Page 4 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). AB 282 Page 5 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