S T A T E O F N E W Y O R K
________________________________________________________________________
9047--A
Cal. No. 224
2025-2026 Regular Sessions
I N A S S E M B L Y
September 5, 2025
___________
Introduced by M. of A. KELLES, OTIS, DINOWITZ, GONZALEZ-ROJAS, SHRESTHA,
CRUZ, LEVENBERG, SIMON, GLICK, KIM, COLTON -- read once and referred
to the Committee on Environmental Conservation -- recommitted to the
Committee on Environmental Conservation in accordance with Assembly
Rule 3, sec. 2 -- reported from committee, advanced to a third read-
ing, amended and ordered reprinted, retaining its place on the order
of third reading
AN ACT to amend the environmental conservation law, in relation to
banning the use of unencapsulated foam flotation in docks, buoys and
floating structures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 34 to read as follows:
TITLE 34
UNENCAPSULATED FOAM FLOTATION BAN
SECTION 27-3401. DEFINITIONS.
27-3403. PROHIBITION ON UNENCAPSULATED FOAM FLOTATION IN DOCKS,
BUOYS, AND FLOATING STRUCTURES.
§ 27-3401. DEFINITIONS.
FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "BUOY" MEANS ANY FLOAT OR MARKER THAT IS ATTACHED TO A MOORING
ANCHOR AND EITHER IS SUITABLE FOR ATTACHMENT TO A BOAT THROUGH THE USE
OF A PENNANT OR OTHER DEVICE OR FACILITATES THE ATTACHMENT OF THE BOAT
TO THE MOORING ANCHOR.
2. "DOCK" MEANS AN UNENCLOSED STRUCTURE SECURED TO LAND, LAND UNDER
WATERS, A MOORING, OR A FLOATING STRUCTURE THAT IS USED FOR MOORING
BOATS OR FOR RECREATIONAL ACTIVITIES, SUCH AS A SWIMMING, FISHING, OR
SUNBATHING PLATFORM. A DOCK INCLUDES A STRUCTURE THAT IS PARTIALLY
ENCLOSED OR HAS TWO OR MORE LEVELS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03415-02-6
A. 9047--A 2
3. "FOAM FLOTATION" MEANS ANY MATERIAL, SUBSTANCE, OR COMBINATION OF
MATERIALS OR SUBSTANCES USED TO PROVIDE BUOYANCY FOR A DOCK, BUOY,
FLOATING STRUCTURE, OR OVERWATER STRUCTURE THAT CONSISTS IN WHOLE OR IN
PART OF A FOAMED, EXPANDED, BLOWN, INJECTED, SPRAYED, MOLDED, OR OTHER-
WISE GAS-FILLED POLYMERIC OR PLASTIC MATERIAL, WHETHER RIGID, SEMI-RIG-
ID, OR FLEXIBLE, INCLUDING BUT NOT LIMITED TO:
(A) EXPANDED POLYSTYRENE OR EXTRUDED POLYSTYRENE;
(B) EXPANDED OR FOAMED POLYETHYLENE OR POLYPROPYLENE;
(C) POLYURETHANE FOAM, INCLUDING SPRAY-APPLIED, POURED-IN-PLACE, OR
INJECTED FOAM; AND
(D) ANY OTHER PLASTIC, POLYMERIC, OR SYNTHETIC FOAM MATERIAL DESIGNED
OR USED TO PROVIDE FLOTATION OR BUOYANCY BY ENTRAPPING AIR OR GAS WITHIN
A CELLULAR STRUCTURE.
4. "FLOATING STRUCTURE" MEANS A STRUCTURE CONSTRUCTED ON OR IN WATERS
OF THE STATE THAT IS SUPPORTED BY FLOTATION AND IS SECURED IN PLACE BY A
PILING OR MOORING ANCHOR, INCLUDING BOATHOUSES, FUELING STRUCTURES,
NAVIGATION MARKERS, FLOATING HOMES, MARINAS, WALKWAYS, OR BOARDING PLAT-
FORMS.
§ 27-3403. PROHIBITION ON UNENCAPSULATED FOAM FLOTATION DOCKS, BUOYS,
AND FLOATING STRUCTURES.
BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, NO PERSON SHALL
SELL, OFFER TO SELL, OR DISTRIBUTE DOCKS, BUOYS, OR FLOATING STRUCTURES
UTILIZING FOAM FLOTATION THAT IS NOT FULLY ENCAPSULATED IN A DURABLE
SHELL OR BARRIER THAT PREVENTS EXPOSURE AND DEGRADATION INTO THE ENVI-
RONMENT OF SUCH FOAM FLOTATION.
§ 2. This act shall take effect immediately.