BILL ANALYSIS Ó AB 282 Page 1 Date of Hearing: April 21, 2015 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Susan Bonilla, Chair AB 282 (Eggman) - As Amended March 26, 2015 NOTE: This bill is double-referred, and if passed by this Committee, it will be referred to the Assembly Human Services Committee. SUBJECT: Corded window coverings. SUMMARY: Makes it unlawful, beginning January 1 2017, to sell a corded window covering to a purchaser located in the state, with exceptions, and would require a community care facility or child day care facility that serves children younger than 6 years of age to remove all corded window coverings or make the cord inaccessible by January 1, 2019. EXISTING LAW: 1)Regulates business activities and practices, including the AB 282 Page 2 sale of consumer goods within the state. (Business and Professions (BPC) §§ 18400-22948.7) 2)Provides for the licensing and regulation of community care facilities, including, among others, residential facilities, foster family homes, certified family homes, and group homes by the State Department of Social Services (DSS). (Health and Safety Code (HSC) §§ 1500-1567) 3)Provides for the licensing and regulation of child day care facilities by the DSS. (HSC §§ 1596.70-1596.895) This bill: 1) Makes it unlawful, beginning January 1, 2017, to sell to a purchaser located in this state a corded window covering, unless exempt. 2) Defines "corded window covering" as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and defines "accessible cord" as any cord with a length of over 7 3/4 inches, including a cord that can be extended or pulled to exceed 7 3/4 inches. 3) Authorizes a corded window covering for which an accessible cord cannot be eliminated, as specified, to be sold to a purchaser located in the state only if the accessible cord is made inaccessible through the use of an effective passive guarding device, such as a cord cover. 4) Requires a community care facility or child day care facility that serves children under 6 years of age to remove AB 282 Page 3 all corded window coverings or make the accessible cord inaccessible through the use of an effective passive guarding device by January 1, 2019. FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel. COMMENTS: 1)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 on window coverings. The federal Consumer Product Safety Commission (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." AB 282 Page 4 2)Background. According to the CPSC, there are many types of window coverings, including shades, blinds, curtains, and draperies. There are also different styles for each type, such as horizontal blinds, vertical blinds, and cellular shades. Corded window coverings mainly have two types of cords, operating cords and inner cords. Operating cords are the cord or loop that is used to operate the window covering. The operating cord may be a pull cord (pulled to raise or lower a covering) or a continuous loop (pulled from either side to slide or open a covering). Inner cords are cords that move window coverings and are usually found in blinds and shades. Curtains and drapes do not have inner cords, but may have an operating cord that is a continuous loop cord or beaded chain. Cordless window coverings do not have an operating cord but may contain inner cords. Examples include shades that can be pushed up manually and curtains that slide left and right. Options for Window Coverings. According to the CPSC, corded window coverings tend to be less expensive than cordless ones: "CPSC compared the retail sales prices of cordless and corded products and found that manually operated cordless window coverings may cost about $15 to $130 more than similar corded window coverings. The observed prices of motor-operated window coverings are more than $100 higher than the prices of corded window coverings, and the price differences can exceed $300. Some wand-operated vertical blinds cost about the same as AB 282 Page 5 corded versions; others appear to cost about $10 more than corded vertical blinds. The [CPSC] has insufficient information to determine how the costs or retail prices of safer window coverings will change over time." (80 Federal Register (FR) 2332) Still, there are a variety of devices available that can help make the operating cord and inner cords in a corded window covering inaccessible, many of which are sold alongside other child safety accessories. Most of the devices require consumer installation and compliance. For instance, a cord accumulation device, such as a cord cleat, requires a user to mount the device to a wall and then wrap the excess cord around the cleat after every use. Cord cleats cost about $2.00 each (Home Depot). There are also tensioning devices, which are used for continuous loops. They must be installed at the bottom of a window frame but can keep the cord taut, preventing a loose loop. A cord tension pulley can range from about $2.00-$5.00. Consumer Product Safety Commission Rulemaking to Address Window Covering Safety. The language proposed by this bill that would prohibit corded window coverings is currently being reviewed by the CPSC. Under Consumer Product Safety Act (CPSA), CPSC is required to study consumer products and ban or recall those that provide an unreasonable risk of harm. On October 8, 2014, the CBSC granted a petition to initiate a rulemaking to address window covering safety standards. The petition requested language, similar to this bill, prohibiting window covering cords when a feasible cordless alternative exists, and requiring all window covering cords be made inaccessible by using passive guarding devices when a feasible cordless alternative does not exist. As a part of the process, the CPSC will look at societal cost, manufacturer cost, market and demographic information, and other current AB 282 Page 6 safety standards and the associated data (80 FR 2348). On January 16, 2015, the CBSC published an advance notice of proposed rulemaking (ANPR) initiating rulemaking and seeking information and comment on regulatory options for a mandatory rule to address the risk of strangulation to young children on window covering cords (80 FR 2327). The comment period on the ANPR was scheduled to end on March 17, 2015. When the initial comment period ended, the CPSC had received 1438 comments. According to the CPSC, the Window Covering Manufacturers Association (WCMA), who currently oppose this bill, requested a 75-day extension of the comment period to complete multiple studies that the WCMA commissioned. The WCMA state that the request is "based on the need for sufficient opportunity to develop and present a more factual record for CPSC's consideration to permit a well-informed analysis before considering whether the agency can move to the next stage of promulgating such a significant rule." Based on the request, the CPSC agreed to extend the comment period for the ANPR until June 1, 2015. As of April 16, 2015, the CPSC has received 28 additional comments. After the comment period closes, the CPSC will review the comments and publish a preliminary regulatory analysis. However, it is unclear when or if the CBSC will publish a final rule. The Hazards of Corded Window Coverings. CPSC estimates that a minimum of 11 fatal strangulations related to window covering cords, on average, occurred per year in the United States from 1999 through 2010, among children under 5 years old (80 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. AB 282 Page 7 To determine the hazards of corded window coverings, the CPSC investigated 249 incidents from1996-2012, 170 of which involved a fatality. The most common cord types involved in the incidents were pull cords (41%), continuous loops (28%), and inner cords (19%). It also found that corded window covering incidents involve children from about seven months to eight years old. The CPSC notes that some of the safety products currently on the market do not fully eliminate the inherent danger presented by operating cords (80 FR 2344). For instance cord accumulation devices (noted above) require constant use and are still hazardous if within a child's reach. Therefore, the CPSC suggests using a "passive guarding device," which makes a cord inaccessible. According to the CPSC, "[p]assive guarding devices allow the user to operate the window covering without direct interaction of a hazardous cord. These types of devices would include cord shrouds, integrated cord/chain tensioners, or cord retractors" (80 FR 2340). According to the CPSC, a rigid cord shroud is an "encased clutch system" that can be retrofitted over operating cords to prevent access to the loops. An integrated tensioning device is a device that comes attached to the blinds and keeps the cord or chain taut. A cord retractor mechanism is built into the blinds and passively retracts the operating cord. While the CPSC provides diagrams of cord shrouds, integrated tensioners, and retractors, window coverings that use them are not currently sold at major retailers (Walmart, Home Depot, Lowes). Therefore, it is unclear how much a consumer would AB 282 Page 8 need to pay for these devices. Current Safety Standards. The 2014 American National Standard for Safety of Corded Window Covering Products (ANSI/WCMA) standard is a voluntary standard, which is a non-government consensus standard facilitated by a voluntary standards organization. The CPSC considers voluntary standards to be a safety floor. According to the CPSC, the 2014 ANSI/WCMA standard does not sufficiently address the hazards associated with pull cords or continuous loop cords (80 FR 2338). However, window coverings associated with the inner cord hazard scenario appeared to be older products that were manufactured before the 2002 standard was published (80 FR 2341). To address the insufficiencies in the voluntary standards, the CPSC lists five proposed rules to address the safety standards issue for corded window coverings: 1) a mandatory standard (discussed below); 2) a labeling rule; 3) a banning rule; 4) remaining with voluntary standards; and 5) no action (80 FR 2348). Based on the CPSC staff recommendations, it appears the most likely outcome is a mandatory standard. The CPSC found that rules number 2) labels, 4) voluntary standards, and 5) no action (consumer education and outreach) are not likely to be effective on their own. The CPSC does not appear to be leaning towards 3) a banning rule either because it has shown feasible alternative safety standards. The mandatory standards the CPSC is considering are: a) Issue a rule specifying performance requirements (list AB 282 Page 9 of options for manufacturers) for corded window coverings to reduce the risk of injury identified with these products. b) Issue a rule prohibiting window covering cords if a feasible cordless alternative exists; and for instances in which a feasible cordless alternative does not exist, require that all cords be made inaccessible by using a passive guarding device (this bill). c) Issue a rule modeled after one of the international standards (discussed below). d) Issue one of the rules above along with additional labeling and voluntary standards. It is important to note that the CPSC would assess the costs and benefits of the requirements of any mandatory rule it promulgates. Other States and Countries. No state or country has a prohibition on corded window coverings similar to the provisions of this bill or similar to the petition for rulemaking to the CPSC. Two other states (Washington and Maryland) have prohibitions on corded window coverings in licensed child care facilities. Another two states (New York and Michigan) had proposed legislation that did not become law. There are three other international standards (Australia, Canada, and European Union) that deal with corded window coverings. The Australian and Canadian standards are similar to the ANSI/WCMA standards, while the European Union has standards that differ but still allow manufacturers various options for safety devices for corded window covers. AB 282 Page 10 3)Current Related Legislation. AB 216 (Garcia) of this legislative session, will prohibit the sale of any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to minors. The bill will exempt FDA-approved drug or medical devices. STATUS: This bill is currently pending in the Assembly Governmental Organization Committee. 4)Previous Related Legislation. AB 2218 (Williams' Allen, Butler, Campos) of 2012, would have prohibited a seller, on or after January 1, 2016, from selling a new table saw in this state unless that table saw is equipped with active injury mitigation technology, as defined. NOTE: This bill was held in the Senate Judiciary Committee. AB 1319 (Butler), Chapter 467, Statutes of 2011, enacted the Toxin-Free Infants and Toddlers Act which prohibits the sale, manufacture, or distribution of a bottle, cup, liquid, baby food, formula, or beverage that contains bisphenol A (BPA), as specified, if it is primarily intended for children three years of age or younger. SB 1499 (Scott) of 2008, would have added new warning requirements to electrically conductive balloons. Before the bill was amended, it would have banned them. NOTE: This bill was vetoed by Governor Schwarzenegger because it was not a high priority at the time. ARGUMENTS IN SUPPORT: AB 282 Page 11 The Consumer Federation of America writes in support, "Due to the persistent hazard that these cords pose to children and to the failure of the voluntary standard to address the hazard, in May 2013, our organizations, Parents for Window Blind Safety, Consumer Federation of America, Consumers Union, Kids in Danger, and five other groups petitioned U.S. [CPSC] to promulgate a mandatory standard that prohibits any window covering cords where a feasible cordless alternative exists, and for those instances where a feasible cordless alternative does not exist, requires that all cords be made inaccessible through the use of passive guarding devices. The CPSC granted the petition on October 2014 and unanimously voted to start the rulemaking process to address the serious hazards of window covering cords. While federal action is important, state action is just as critical to protect children from this preventable hazard?we applaud the introduction of [this bill] and look forward to working with you to make it law to protect the children of California from a terrible and preventable hazard." CALPIRG writes in support, "While we are encouraged by the start of this rulemaking process, California shouldn't wait for federal action in order to protect children from this preventable hazard. I urge you to protect California's consumers and support [this bill]." ARGUMENTS IN OPPOSITION: The WCMA writes in opposition, "Limiting an operating cord to 7 3/4 inches from the upper frame is not technologically feasible and therefore is a de facto ban on corded window covering AB 282 Page 12 products. Such a ban is unsupported and contradicted both by the underlying facts of reported incidents and the reality of technology and consumer behavior in the marketplace. There are currently millions of window covering products already in consumer homes in California. This law will not fully eliminate incidents as human behavior, accidents and misuse of even the most modernized of products make the elimination of all risk associated with window covering products an impossible standard to meet." According to industry estimates, the restrictions in the proposed bill would remove more than half of the safe window covering products currently on the market and raise the cost of an average corded stock product, stifling consumer choice and stripping the market of competitively priced options. [This] bill would have devastating implications for the tens of thousands of Americans whose livelihoods depend on the window covering industry. In California alone, there are thousands of small, "mom and pop" businesses who sell safe, corded window covering products who will struggle to keep their businesses afloat if they are forced to sell drastically fewer and more expensive products." POLICY ISSUE FOR CONSIDERATION: Because the impact this measure will have is unclear, and other than the aforementioned diagrams provided by the CPSC, it is difficult to locate any stores that sell passive safety devices, the author may wish to consider amending this bill to provide additional options for manufacturers and consumers. While the CPSC found that no safety device would be a perfect alternative to eliminating all hazardous cords, the CPSC did note some effective non-passive safety devices. As well as the exception for passive guarding devices suggested in the bill, the author AB 282 Page 13 should consider including currently existing non-passive devices such as: 5)Cord release devices; 6)Cord shear devices; 7)Cord break away devices; or, 8)Nonintegrated cord or chain tensioning or accumulation systems that limit light control or privacy when not properly installed or used. The author may also wish to fully define "passive guarding device" and any other technical terms for clarity. AMENDMENT: The author should amend the bill to allow for a delayed implementation date: On page 3, line 14, strike: "2017." and insert: 2018 . REGISTERED SUPPORT: Consumer Federation of America (sponsor) CALPIRG AB 282 Page 14 Consumer Action Consumer Federation of California Consumers Union Independent Safety Consulting Parents for Window Blind Safety Kids in Danger REGISTERED OPPOSITION: Smith and Noble Window Covering Manufacturers Association Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301 AB 282 Page 15