Existing law generally regulates various business activities and practices, including the sale within the state of cribs and bunk beds intended for use by children.

This bill would provide that no reimbursement is required by this act for a specified reason. make specified findings and would declare the intent of the Legislature to subsequently amend this bill to enact legislation to protect children from the preventable strangulation hazard posed by cords on window coverings by adopting standards that provide for safer window coverings in California.

Existing law generally regulates various business activities and practices, including the sale of cordless telephones within the state of cribs and bunk beds intended for use by children.

This bill would, beginning January 1, 2018, make it unlawful to sell to a purchaser located in the state a corded window covering. The bill would define corded window covering as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and would define accessible cord as any cord determined to be accessible pursuant to the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission and any successor standards.

Existing law 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. Existing law also provides for the licensing and regulation of child day care facilities by the department. A person who violates a law relating to community care facilities, or who willfully or repeatedly violates a law relating to child day care facilities, is guilty of a misdemeanor.

This bill would prohibit a community care facility or child day care facility that serves children under 6 years of age from installing a corded window covering in the facility. The bill would also require those facilities to remove all corded window coverings or retrofit the corded window coverings as soon as is reasonably possible with repair kits, as specified, by January 1, 2019. The bill would also authorize the department to require those facilities to replace existing corded window coverings, as specified, if a person or facility fails to comply with the above provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also make related findings and declarations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally regulates various business activities and practices, including the sale of cordless telephones within the state.

This bill would, beginning January 1, 2018, make it unlawful to sell to a purchaser located in the state a corded window covering. The bill would define corded window covering as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and would define 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. The bill would authorize 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. determined to be accessible pursuant to the 2012 American National Standard for Safety of Corded Window Covering Products adopted by the United States Consumer Product Safety Commission and any successor standards.

Existing law 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. Existing law also provides for the licensing and regulation of child day care facilities by the department. A person who violates a law relating to community care facilities, or who willfully or repeatedly violates a law relating to child day care facilities, is guilty of a misdemeanor.

This bill would require prohibit a community care facility or child day care facility that serves children under 6 years of age from installing a corded window covering in the facility. The bill would also require those facilities to remove all corded window coverings or make the accessible cord inaccessible through the use of an effective passive guarding device retrofit the corded window coverings as soon as is reasonably possible with repair kits, as specified, by January 1, 2019. The bill would also authorize the department to require those facilities to replace existing corded window coverings, as specified, if a person or facility fails to comply with the above provisions. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law generally regulates various business activities and practices, including the sale of cordless telephones within the state.

This bill would, beginning January 1, 2017, 2018, make it unlawful to sell to a purchaser located in the state a corded window covering. The bill would define corded window covering as a window covering, including, but not limited to, blinds, curtains, draperies, and shades, that has an accessible cord, and would define 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. The bill would authorize 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.

Existing law 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. Existing law also provides for the licensing and regulation of child day care facilities by the department. A person who violates a law relating to community care facilities, or who willfully or repeatedly violates a law relating to child day care facilities, is guilty of a misdemeanor.

This bill would require a community care facility or child day care facility that serves children under 6 years of age to remove all corded window coverings or make the accessible cord inaccessible through the use of an effective passive guarding device by January 1, 2019. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would require a community care facility or child day care facility that serves children under 6 years of age to remove all corded window coverings or make the accessible cord inaccessible through the use of an effective passive guarding device by January 1, 2019. By expanding the scope of a crime, this bill would impose a state-mandated local program.

Existing law, the Home Furnishings and Thermal Insulation Act, provides for the licensure and regulation of, among others, upholstered-furniture manufacturers by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Existing law defines upholstered furniture for purpose of the act.

This bill would make nonsubstantive changes to that definition.

ASSEMBLY THIRD READING

ATR Bill Id:AB 282

Author:(Eggman)

As Amended Ver:June 1, 2015

Majority vote

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 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 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).

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

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 282

Author:(Eggman) – As Amended Ver:April 22, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill prohibits the sale of corded window coverings in California, beginning January 1, 2018, and requires their removal or alteration, by January 1, 2019, in licensed community care and child day care facilities serving children under the age of 6.

FISCAL EFFECT:

1. Unknown, but likely significant 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 use corded window coverings, and thus would be impacted by this bill. Assuming 20% were impacted with six windows each and had to spend between $10 and $15 per window, the cost would range from $276,000 to $414,000 statewide.

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.

3. Unknown tax revenue losses to the General Fund to the extent window covering industry sales in California decline and/or fewer workers are employed.

COMMENTS:

1. Purpose. 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. For almost 20 years, the voluntary standard to mitigate the dangers of accessible operating cords – published by the American National Standards Institute and Window Covering Manufacturers Association – has failed to eliminate or significantly reduce the hazards posed by these products. According to the CPSC, the current voluntary standard would not have effectively addressed 57% of the window covering cord incidents investigated.

Furthermore, for more than a decade, manufacturers have been producing products that eliminate accessible, hazardous cords, as well as designs that render window covering pull cords inaccessible. 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.”

2. Background. There are a wide range of window covering products, including blinds, shades, curtains and draperies. Blinds and shades can both have a cord mechanism used for opening, closing, and otherwise moving them. Curtains and draperies may also have a loop-type cord.

According to the U.S. Consumer Product Safety Commission (CPSC) staff, a minimum of 11 fatal strangulations related to window covering cords occurred on average annually among children under the age of 5 between the years 1999 and 2010. Additionally, CPSC estimates that between 1996 and 2012, 1,590 children across the country received treatment resulting from entanglement with window covering cords.

Existing standards for corded window coverings: In 1996, the American National Standards Institute (ANSI) and the Window Covering Manufacturers Association (WCMA) first published a voluntary standard to address the dangers of window covering cords. This standard has been updated periodically, most recently in 2014. The 2014 ANSI/WCMA voluntary applies to all corded window covering products and includes definitions, product requirements, labeling and operational tag requirements, and tests and parameters.

CPSC staff assessed the 2014 ANSI/WCMA voluntary standard and found that, of the incidents they had investigated, 57% were not sufficiently addressed by the standard. The standard does address the hazards found in about one-quarter of the incidents, and another 18% of incidents yielded insufficient information to make a determination either way.

Proposed rulemaking regarding corded window coverings: In 2013, the Consumer Federation of America, along with a number of other parties, petitioned the CPSC, requesting it to promulgate a mandatory standard containing the same provision found in this bill, i.e. forbidding window covering cords, unless they are made inaccessible through a passive guarding device when a feasible cordless alternative does not exist.

In October of 2014, the CPSC granted this petition to initiate rulemaking and began seeking information and public comment. This comment period has been extended until June 1, 2015. CPSC will review comments upon closure of the comment period and publish a preliminary analysis. Whether or when CPSC will publish a final rule is as yet undetermined.

3. Arguments in Support: Consumer and child safety groups, while encouraged by the start of federal the rulemaking process, are skeptical of waiting for “federal action in order to protect children from a preventable hazard.” They note that the CPSC first called window blind cords a “particularly insidious hazard” in 1981, and point to the ineffectiveness of the voluntary standards currently in place.

4. Arguments in Opposition: Window covering manufacturers are concerned that the restrictions in the 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.”

They further state that 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.”

They note that there are over 4,000 custom window covering shops in California who specialize in selling, producing, and installing custom made window coverings. They further note that all custom made window coverings comply with the 2012 ANSI standards, and that approximately 70% of all custom made window coverings utilize accessible cords.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 28, 2015

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Kansen Chu, Chair

ABPCA Bill Id:AB 282

Author:(Eggman) – As Amended Ver:April 22, 2015

SUBJECT: Corded window coverings

SUMMARY: Prohibits the sale of corded window coverings in California and requires their removal or alteration in licensed community care and child day care facilities serving children under the age of 6.

Specifically, this bill:

1. Defines “accessible cord” as any cord with a length over seven and three-quarter inches, including a cord that can be extended or pulled to exceed that length.

2. Defines “corded window covering” as a window covering, such as blinds or shades, that has an accessible cord.

3. Makes it unlawful, as of January 1, 2018, to sell a corded window covering to anyone located in California unless the cord cannot be eliminated, in which case the window covering may be sold if the cord is made inaccessible through the use of a passive guarding device, such as a cord cover.

4. Requires, by January 1, 2019, every child day care facility, and every state-licensed or -certified community care facility, as specified, that serves children under the age of 6 to remove all corded window coverings or to make the accessible cord inaccessible through the use of an effective passive guarding device, such as a cord cover.

EXISTING LAW:

1. Regulates, among other things, the sale of consumer goods within California. (BPC 18400 et seq.)

2. Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (HSC 1500 et seq.)

3. Defines “community care facility” to mean any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, individuals with physical disabilities or mental impairments and abused or neglected children. Includes within this definition, among a number of other facilities: foster family homes, small family homes, full-service adoption agencies, noncustodial adoption agencies, and transitional shelters. (HSC 1502)

4. Establishes the California Child Day Care Facilities Act, creating a separate licensing category for child day care centers and family day care homes within the Department of Social Services’ (DSS) existing licensing structure. (HSC 1596.70 et seq.)

5. Defines “day care center” to include infant centers, preschools, extended day care facilities, and school-age child care centers. (HSC 1596.76)

6. Requires community care facilities and child day care facilities operating in California, as specified, to have a valid license. (HSC 1503.5 and 1596.80)

7. Requires DSS to conduct unannounced visits of each licensed community care facility, except for foster family homes, and each licensed day care center and requires that no facility or center be visited less frequently than once every five years. Further requires DSS to conduct annual unannounced visits of licensed facilities and centers under specified circumstances, such as when a license is on probation. Additionally requires annual visits of a random sample of at least 20% of facilities and centers not subject to annual inspections for specified circumstances and states that, should the total citations for this 20% of facilities and centers exceed the previous year’s by 10%, the random sample subject to annual inspection shall increase in the next year by 10%. Because of this trigger, 30% of eligible facilities and centers are now randomly sampled each year for inspection. (HSC 1534 and 1597.09)

FISCAL EFFECT: Unknown

COMMENTS:

Licensing and oversight of community care facilities and child care centers: The Community Care Licensing Division (CCLD) within DSS licenses a variety of facilities, including: child care centers, family child care homes, adult day care facilities, foster family care homes, other children’s residential facilities, and adult and senior residential facilities, including RCFEs. There are approximately 65,000 licensed care facilities in the state, with the capacity to serve 1.3 million Californians.

CCLD conducts random inspections of 30% of facilities annually, and each facility must be visited at least once every five years. Some exceptions triggering more frequent inspections exist, and federal funding requires approximately10% of facilities to be inspected annually. Approximately 500 licensing analysts are employed by CCLD to conduct inspections and complaint investigations.

Prior to 2004, annual inspections were required for most facilities; the 2003-04 state budget reduced this to once every five years. The 2014-15 budget included a 10% increase in annual licensing and application fees, and investments in quality enhancement, including increased staff, training, a quality assurance unit, and centralization of application and complaint processes.

Dangers associated with corded window coverings: There are a wide range of window covering products, including blinds, shades, curtains and draperies. Blinds (window coverings typically made up of slats or similar) and shades (generally, containing a continuous roll of material) can both have a cord mechanism used for opening, closing, and otherwise moving them. Curtains and draperies may also have a loop-type cord.

These cords can present a risk of strangulation for young children, and numerous deaths have been attributed to window covering cords. According to research conducted by the U.S. Consumer Product Safety Commission (CPSC) staff, a minimum of 11 fatal strangulations related to window covering cords occurred on average annually among children under the age of 5 between the years 1999 and 2010. Additionally, CPSC estimated that between 1996 and 2012, 1,590 children across the country received treatment resulting from entanglement with window covering cords.

To get a better understanding of the problem, CPSC staff conducted a review of available data, gathering a sample representing 285 incidents, 184 of which resulted in death. Of this sample, CPSC staff was able to review details for 249 incidents, determining that the most common types of window coverings involved were: horizontal blinds (53% of incidents), vertical blinds (17%), and Roman shades (11%). The most common types of cords involved in these incidents were: pull cords (41% of incidents), continuous loops (28%), and inner cords (19%). While the sample of incidents used in this analysis was not a statistical sample of known probability, these results do point to the association of risk with a variety of window coverings and types of cords.

Existing standards for corded window coverings: In 1996, the American National Standards Institute (ANSI) and the Window Covering Manufacturers Association (WCMA) first published a voluntary standard to address the dangers of window covering cords. This standard has been updated periodically, most recently in 2014. The 2014 ANSI/WCMA voluntary standard – the ANSI/WCMA A100.1-2014 American National Standard for Safety of Corded Window Covering Products – applies to all corded window covering products and includes definitions, product requirements, labeling and operational tag requirements, and tests and parameters.

CPSC staff assessed the 2014 ANSI/WCMA voluntary standard and found that, of the incidents they had investigated, 57% were not sufficiently addressed by the standard. The standard does address the hazards found in about one-quarter of the incidents, and another 18% of incidents yielded insufficient information to make a determination either way.

Proposed rulemaking regarding corded window coverings: In 2013, the sponsor of this bill, along with a number of other parties, petitioned the CPSC, requesting it to promulgate a mandatory standard containing the same provision found in this bill: forbidding window covering cords, unless they are made inaccessible through a passive guarding device when a feasible cordless alternative does not exist.

In October of 2014, the CPSC granted this petition to initiate rulemaking regarding window covering safety standards, and began seeking information and public comment. This comment period has been extended until June 1, 2015. CPSC will reviews comments upon closure of the comment period and publish a preliminary analysis. Whether or when CPSC will publish a final rule is as yet undetermined.

Critics have pointed to the “decades of back and forth on cord risks” since the CPSC first called window blind cords a “particularly insidious hazard” in 1981. Additionally, the perceived ineffectiveness of the voluntary standards has drawn attention, including that of the U.S. Government Accountability Office (GAO). In an October 2014 report on the CPSC, the GAO stated:

“CPSC does not control the voluntary standards development process, and the laws do not establish a time frame within which standard-development organizations must finalize a voluntary standard. As a result, the voluntary standards development process can, in some instances, last for prolonged periods of time. For example, CPSC has worked with the window-covering industry since 1994 to develop voluntary standards to address strangulation hazards stemming from window blind cords, but conflicting consumer and industry goals have prolonged the process. The first voluntary standard to address this hazard was developed in 1996 and has been revised at least six times. However, some consumer groups argue that none of the revisions include designs aimed at eliminating the strangulation risk. Between 2007 and 2011, CPSC negotiated with 38 individual companies to voluntarily recall hazardous window blinds and issued multiple consumer safety alerts about hazards related to window blind cords. Consumer groups have asked standard-setting organizations to consider technologies, such as cordless window coverings, that would eliminate window cord-related hazards. Some manufacturers have said that while cordless window blinds would eliminate the hazard, a voluntary standard asking manufacturers to produce such window coverings would be too costly for some firms and could create a product that would be unaffordable for some consumers. In 2011, a coalition of consumer groups [those that in 2013 petitioned CPSC to promulgate a mandatory standard] announced that they had withdrawn from the voluntary standard development process because it lacked transparency, and because resulting revisions to the standard still did not consider existing technologies that could eliminate strangulation hazards from accessible cords.”

Safer cord alternatives: According to the CPSC’s response to the aforementioned 2013 petition requesting a mandatory standard:

“The market for window coverings includes safer alternatives to products with hazardous cords, such as window covering products designed to function without an operating cord or cordless window coverings, cord shrouds, and cord retractors. These safer alternatives address the hazard created by looping cords by eliminating cords (cordless, crank or wand), by eliminating access to operating cords (shroud), limiting the length of the cord, loop, or bead chain, or restraining the cord to keep the loop taut. Cordless window coverings, either manual or motor operating systems, are available for virtually every product. In general, retail prices for cordless window coverings are higher than retail prices for similar corded products. Aesthetics, price, technical applicability, and usability all play a role in determining if a safer option is offered with each type of window covering. Even though limitations exist in the availability of safer options due to large size or weight of a window covering, the majority of the window coverings involved in the incidents that were reported to CPSC could have included a technology to make the product safer, at least from a technical standpoint, if the products were manufactured today.”

Need for this bill: Very disturbing stories can be read in the news depicting parents finding their young children hanging from, or otherwise harmfully entangled in, the cords of window coverings. The data collected by CPSC staff further show that such stories occur with an unfortunate frequency.

This bill seeks to allow California to more immediately address the dangers associated with window covering cords than the federal government has been able to, and does so using provisions very similar to those being requested of CPSC rulemaking by the sponsor and other petitioners.

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. For almost 20 years, the voluntary standard to mitigate the dangers of accessible operating cords – published by the American National Standards Institute and Window Covering Manufacturers Association – has failed to eliminate or significantly reduce the hazards posed by these products. According to the CPSC, the current voluntary standard would not have effectively addressed 57% of the window covering cord incidents investigated.

Furthermore, for more than a decade, manufacturers have been producing products that eliminate accessible, hazardous cords, as well as designs that render window covering pull cords inaccessible. 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.”

SECOND COMMITTEE OF REFERENCE. This bill was previously heard in the Assembly Business and Professions Committee, on April 21, 2015 and was approved on an 11-0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

Consumer Federation of America (Sponsor)

Consumers Union, Kids in Danger

Parents for Window Blind Safety

Consumer Federation of California

Consumer Action

California Public Interest Research Group

Independent Safety Consulting

CALPIRG

Opposition

None on File.

Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089

Date of Hearing: April 21, 2015

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Susan Bonilla, Chair

ABPCA Bill Id:AB 282

Author:(Eggman) – As Amended Ver: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 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 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.”

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 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 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.

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 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:

1. Issue a rule specifying performance requirements (list of options for manufacturers) for corded window coverings to reduce the risk of injury identified with these products.

2. 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).

3. Issue a rule modeled after one of the international standards (discussed below).

4. 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.

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:

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 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 should consider including currently existing non-passive devices such as:

1. Cord release devices;

2. Cord shear devices;

3. Cord break away devices; or,

4. 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

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