BILL ANALYSIS Ó
AB 282
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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
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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
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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."
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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
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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
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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.
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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
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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
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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.
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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:
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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
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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
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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
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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
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