STATE OF NEW YORK ________________________________________________________________________ 6230 2023-2024 Regular Sessions IN SENATE April 5, 2023 ___________ Introduced by Sen. HELMING -- 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 control of aquatic vegetation by means of a benthic barrier The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 9-1712 to read as follows: 3 § 9-1712. Control of aquatic vegetation by means of a benthic barrier. 4 1. For the purposes of this section, "benthic barrier" shall mean a 5 film of natural or synthetic matter which is gas permeable and anchored 6 by means other than stone from the lake bottom, for the sole purpose of 7 controlling or suppressing aquatic vegetation around residential docks 8 or swimming areas. 9 2. No person shall be prohibited from placing temporary benthic barri- 10 ers in any freshwater body of water located in front of his or her prop- 11 erty's shoreline between July first and October thirty-first each year, 12 for the purpose of controlling invasive aquatic plants around, near and 13 between docks. 14 3. The placement of these temporary benthic barriers shall not be 15 considered "fill", and therefore are not subject to the provisions of 16 title five of article fifteen of this chapter or General Permit 17 GP-0-17-001. 18 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00112-01-3