Prohibits the sale, offer for sale, or distribution of foam flotation docks, buoys and floating structures in the state where such foam flotation is not fully encapsulated to prevent degradation into the environment.
STATE OF NEW YORK
________________________________________________________________________
9047--A
Cal. No. 224
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Article 27 of the environmental conservation law is amended
2 by adding a new title 34 to read as follows:
3 TITLE 34
4 UNENCAPSULATED FOAM FLOTATION BAN
5 Section 27-3401. Definitions.
6 27-3403. Prohibition on unencapsulated foam flotation in docks,
7 buoys, and floating structures.
8 § 27-3401. Definitions.
9 For the purposes of this title, the following terms shall have the
10 following meanings:
11 1. "Buoy" means any float or marker that is attached to a mooring
12 anchor and either is suitable for attachment to a boat through the use
13 of a pennant or other device or facilitates the attachment of the boat
14 to the mooring anchor.
15 2. "Dock" means an unenclosed structure secured to land, land under
16 waters, a mooring, or a floating structure that is used for mooring
17 boats or for recreational activities, such as a swimming, fishing, or
18 sunbathing platform. A dock includes a structure that is partially
19 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
1 3. "Foam flotation" means any material, substance, or combination of
2 materials or substances used to provide buoyancy for a dock, buoy,
3 floating structure, or overwater structure that consists in whole or in
4 part of a foamed, expanded, blown, injected, sprayed, molded, or other-
5 wise gas-filled polymeric or plastic material, whether rigid, semi-rig-
6 id, or flexible, including but not limited to:
7 (a) expanded polystyrene or extruded polystyrene;
8 (b) expanded or foamed polyethylene or polypropylene;
9 (c) polyurethane foam, including spray-applied, poured-in-place, or
10 injected foam; and
11 (d) any other plastic, polymeric, or synthetic foam material designed
12 or used to provide flotation or buoyancy by entrapping air or gas within
13 a cellular structure.
14 4. "Floating structure" means a structure constructed on or in waters
15 of the state that is supported by flotation and is secured in place by a
16 piling or mooring anchor, including boathouses, fueling structures,
17 navigation markers, floating homes, marinas, walkways, or boarding plat-
18 forms.
19 § 27-3403. Prohibition on unencapsulated foam flotation docks, buoys,
20 and floating structures.
21 Beginning January first, two thousand twenty-seven, no person shall
22 sell, offer to sell, or distribute docks, buoys, or floating structures
23 utilizing foam flotation that is not fully encapsulated in a durable
24 shell or barrier that prevents exposure and degradation into the envi-
25 ronment of such foam flotation.
26 § 2. This act shall take effect immediately.
