Prohibits the use of unencapsulated foam flotation in docks, buoys and floating structures

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          1129

                               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

        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:

     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                         POLYSTYRENE FOAM DOCKS BAN
     5  SECTION 27-3401. DEFINITIONS.
     6          27-3403. PROHIBITION  ON  POLYSTYRENE DOCKS, BUOYS, AND FLOATING
     7                     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.
    20    3. "EXPANDED POLYSTYRENE FOAM"  MEANS  A  THERMOPLASTIC  PETROCHEMICAL
    21  MATERIAL  UTILIZING  THE  STYRENE MONOMER THAT IS PROCESSED ACCORDING TO
    22  MULTIPLE TECHNIQUES INCLUDING FUSION OF POLYMER SPHERES, INJECTION MOLD-
    23  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
        S. 1129                             2

     1    4. "EXTRUDED POLYSTYRENE FOAM" MEANS POLYSTYRENE FOAM MANUFACTURED VIA
     2  AN EXTRUSION  PROCESS  WHERE  PLASTIC  RESIN  AND  OTHER  ADDITIVES  ARE
     3  COMBINED  AND  EXTRUDED THROUGH A DIE, BEFORE COOLING AND EXPANDING INTO
     4  ITS FINAL SHAPE.
     5    5. "RIGID POLYSTYRENE" MEANS PLASTIC MADE FROM RIGID POLYSTYRENE RESIN
     6  THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
     7    6.  "FLOATING STRUCTURE" MEANS A STRUCTURE CONSTRUCTED ON OR IN WATERS
     8  OF THE STATE THAT IS SUPPORTED BY FLOTATION AND IS SECURED IN PLACE BY A
     9  PILING OR MOORING  ANCHOR,  INCLUDING  BOATHOUSES,  FUELING  STRUCTURES,
    10  NAVIGATION MARKERS, FLOATING HOMES, MARINAS, WALKWAYS, OR BOARDING PLAT-
    11  FORMS.
    12  § 27-3403. PROHIBITION  ON POLYSTYRENE DOCKS, BUOYS, AND FLOATING STRUC-
    13               TURES.
    14    BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,  NO  PERSON  SHALL
    15  SELL,  OFFER TO SELL, OR DISTRIBUTE DOCKS, BUOYS, OR FLOATING STRUCTURES
    16  MADE WITH EXPANDED POLYSTYRENE FOAM, EXTRUDED POLYSTYRENE FOAM, OR RIGID
    17  POLYSTYRENE.
    18    § 2. This act shall take effect immediately.