Senate Bill S9704

                                 
BILL NUMBER: S9704

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting the
"no toxics tent act"

 
PURPOSE OR GENERAL IDEA OF BILL:

Clarifies that recreational camping tents and children's play tents
intended for occupancy by fewer than 15 people shall not be subject to
the requirements of Article 29 of the GBL, which effectively mandates
the use of toxic flame retardant chemicals, provided that such small
tents are manufactured entirely from synthetic fibers.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill the "No Toxics Tent Act."

Section 2 amends the definition of "portable temporary shelter" to apply
to places of assemblage that are intended to fit 15 or more people and
              

to exclude children's play tents, camping tents, or other recreational
tents constructed with fabric made entirely from synthetic fibers.

Section 3 provides that the bill shall take effect immediately.

 
JUSTIFICATION:

The dangers of flame retardants to human health have long been docu-
mented by scientists and policymakers. In New York, Chapter 829 of the
Laws of 2021 banned flame retardants in mattresses and upholstered
furniture in light of their toxic qualities associated with hormonal
disruption, cancer, and brain development.

The International Association of Fire Fighters has consistently called
for the removal of flame retardants from children's products, uphol-
stered furniture, and in both camping and play tents. Despite this, New
York is the only remaining state that continues to require these toxic
chemicals in common camping and children's play tents.  Minnesota
repealed its requirement in 2024, while Michigan and California repealed
their requirements in 2023. Massachusetts removed its requirement in
2015. Requirements in two other states are self-updating to current
consensus standards.

Scientists have confirmed that the presence of toxic flame retardants,
including organophosphorus compounds, is common in recreational camping
and backpacking tents (Keller et al., 2014). Manufacturers confirm that
these flame retardants are added for purposes of complying with existing
New York state law. A 2016 Duke University study showed that campers are
easily exposed to toxic flame retardants when setting up their tent, as
well as via inhalation when inside the tent (Gomes et al., 2016). Flame
retardant chemicals also put vulnerable wildlife at risk.

The inclusion of toxic flame retardants in tents poses many dangers
while delivering minimal benefit. When flame retardant requirements were
first introduced in the 1960s and 70s (New York instituted theirs in
1969), tents were mostly made of cotton canvas and were very flammable.
As a result of the synthetic materials used in modern tents, tent fires
are now exceedingly rare. Out of the over 3,200 emergency department-
treated tent-related injuries recorded by the CPSC between 2010 and
2015, only 8 were related to tent fires.  Testing conducted by the CPSC
has demonstrated that synthetic textiles have lower flammability charac-
teristics than the cotton materials in use when this requirement was
first promulgated.

By eliminating the applicability of existing performance requirements to
tents that hold fewer than 15 people, New York would be joining 49 other
states to better protect campers and children from unnecessary exposure
to toxic chemicals.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.