BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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