Assembly Bill A9047B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9047
 
                        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, EPSTEIN -- read once and
   referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   banning  the  use of polystyrene foam docks, buoys and floating struc-
   tures

   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
                        POLYSTYRENE FOAM DOCKS BAN
 SECTION 27-3401. DEFINITIONS.
         27-3403. PROHIBITION  ON  POLYSTYRENE 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.
   3. "EXPANDED POLYSTYRENE FOAM"  MEANS  A  THERMOPLASTIC  PETROCHEMICAL
 MATERIAL  UTILIZING  THE  STYRENE MONOMER THAT IS PROCESSED ACCORDING TO
 MULTIPLE TECHNIQUES INCLUDING FUSION OF POLYMER SPHERES, INJECTION MOLD-
 ING, FORM MOLDING, AND EXTRUSION-BLOW MOLDING.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03415-01-5
              

 A. 9047                             2
 
   4. "EXTRUDED POLYSTYRENE FOAM" MEANS POLYSTYRENE FOAM MANUFACTURED VIA
 AN EXTRUSION  PROCESS  WHERE  PLASTIC  RESIN  AND  OTHER  ADDITIVES  ARE
 COMBINED  AND  EXTRUDED THROUGH A DIE, BEFORE COOLING AND EXPANDING INTO
 ITS FINAL SHAPE.
   5. "RIGID POLYSTYRENE" MEANS PLASTIC MADE FROM RIGID POLYSTYRENE RESIN
 THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
   6.  "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 POLYSTYRENE DOCKS, BUOYS, AND FLOATING STRUC-
              TURES.
   BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,  NO  PERSON  SHALL
 SELL,  OFFER TO SELL, OR DISTRIBUTE DOCKS, BUOYS, OR FLOATING STRUCTURES
 MADE WITH EXPANDED POLYSTYRENE FOAM, EXTRUDED POLYSTYRENE FOAM, OR RIGID
 POLYSTYRENE.
   § 2. This act shall take effect immediately.

                             
                     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.