An Act To Protect Firefighters by Establishing a Prohibition on the Sale and Distribution of New Upholstered Furniture Containing Certain Flame-retardant Chemicals
Maine Legislature, Session 128, LD 0182
Committee Amendment CA_B_H216 (House)
Amends: 38 MRSA §1609-A

COMMITTEE AMENDMENT «/3" to H.P. 138, L.D. 182, Bill, "An Act To 
Protect Firefighters by Establishing a Prohibition on the Sale and Distribution of New 
Upholstered Furniture Containing Certain Flame-retardant Chemicals" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Facilitate the Sale of Safer Upholstered Furniture in the State I 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §1609-A is enacted to read: 
§1609-A. Residential upholstered furniture 
1. 
Definition. 
For the purposes of this section. unless the context otherwise 
indicates, "upholstered furniture" means residential furniture intended for indoor use in a 
home or other dwelling intended for residential occupancy that consists in whole or in 
part of resilient cushioning materials enclosed within a covering consisting of fabric or 
related materials. 
2. Sales prohibition. Except as otherwise provided in section 1609. subsection 4. 
beginning January 1. 2019. a person may not sell or offer to sell or distribute for 
promotional purposes in the State new upholstered furniture unless the furniture meets the 
standards adopted by the department by rule in accordance with subsection 3. 
3. Rules. The department shall adopt by rule standards for upholstered furniture that 
reduce the hazards associated with smoldering ignition. including requirements, test 
procedures and associated apparatuses for the testing of smolder resistance of materials 
used in upholstered furniture. including, but not limited to. cover fabrics. banier 
materials. resilient filling materials and decking materials. 
Rules adopted by the 
department pursuant to this subsection must be consistent with the standard in the 
California Department of Consumer Affairs, Bureau of Electronics and Appliance Repair, 
Home Furnishings and Thermal Insulation's Technical Bulletin 117-2013. "Requirements, 
Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in 
COMMITTEE AMENDMENT 
-x~ 
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I 
COMMITTEE AMENDMENT" B" to H.P. 138, L.D. 182 
Upholstered Furniture,
dated June 2013. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5. chapter 375. subchapter 2-A. 
Sec. 2. Department of Environmental Protection; rulemaking. By June 1, 
2018, the Department of Environmental Protection shall adopt rules in accordance with 
the Maine Revised Statutes, Title 38, section 1609-A, subsection 3. 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Environmental Protection 0251 
Initiative: Provides funding for one part-time Envirnnmental Specialist III position to 
develop and oversee department activities related to the adoption of standards outlined in 
the California Department of Consumer Affairs, Bureau of Electronics and Appliance 
Repair, Home Furnishings and Thermal Insulation's Technical Bulletin 117-2013. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2017-18 
2018-19 
0.500 
0.500 
$28,582 
$40,009 
$900 
$900 
$29,482 
$40,909 
This amendment, which is the minority report of the committee, replaces the bill and 
prohibits, effective January 1, 2019, the sale, offering for sale or distribution for 
promotional purposes in the State new upholstered furniture unless the furniture meets 
standards for upholstered furniture, developed by the Department of Environmental 
Protection by rule, that reduce the hazards associated with smoldering ignition. The 
department shall, by June 1, 2018, develop the standards by rule, which must be 
consistent with the California Department of Consumer Affairs, Bureau of Electronics 
and Appliance Repair, Home Furnishings and Thermal Insulation's Technical Bulletin 
117-2013. 
The amendment also adds an appropriations and allocations section for costs to the 
Department of Environmental Protection to develop and oversee activities related to the 
adoption of the prohibition on the sale of new upholstered furniture that does not meet 
Department of Environmental Protection standards. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/15/17 feac.. 
LD 182 
LR 412(03) 
An Act To Protect Firefighters by Establishing a Prohibition on the Sale and Distribution of New 
Upholstered Furniture Containing Certain Flame-retardant Chemicals 
Fiscal Note for Bill as Amended by Committee Amendment ,(.?, ( H -..l 1 lo J 
Committee: Environment and Natural Resources 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$29,482 
$40,909 
$29,482 
$49,909 
Projections 
FY 2019-20 
$41,896 
$41,896 
Projections 
FY 2020-21 
$43,125 
$43,125 
This bill directs the Department of Environmental Protection to adopt rules requiring that new upholstered furniture 
sold in the State meet standards outlined in the California Department of Consumer Affairs, Bureau of Electronics and 
Appliance Repair, Home Fmnishings and Thermal Insulation's Technical Bulletin 117-2013. This bill includes 
General Fund appropriations of $29,482 in fiscal year 2017-18 and $40,909 in fiscal year 2018-19 for one part-time 
Enviromnental Specialist III position for program oversight, outreach and compliance assistance. 
LR0412(03) - Fiscal Note - Page 1 of 1