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