Senate Bill S1129A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1129--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
                                                            LBD03415-03-6
 S. 1129--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.