Bill Text: NY A08142 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits the use of polystyrene foam docks, buoys and floating structures on the waters of the state unless such polystyrene foam is completely encapsulated; prohibits the sale or distribution of certain polystyrene foam items within a certain proximity of waters of the state; declares the use of unencapsulated expanded, extruded or rigid polystyrene as a buoy, dock or floating structure a nuisance and public health hazard.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - referred to environmental conservation [A08142 Detail]
Download: New_York-2023-A08142-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8142 2023-2024 Regular Sessions IN ASSEMBLY October 13, 2023 ___________ Introduced by M. of A. KELLES -- 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: 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 27-3405. Use of expanded, extruded, or rigid polystyrene foam in 9 proximity to water. 10 27-3407. Nuisance. 11 § 27-3401. Definitions. 12 For the purposes of this title, the following terms shall have the 13 following meanings: 14 1. "Buoy" means any float or marker that is attached to a mooring 15 anchor and either is suitable for attachment to a boat through the use 16 of a pennant or other device or facilitates the attachment of the boat 17 to the mooring anchor. 18 2. "Dock" means an unenclosed structure secured to land, land under 19 waters, a mooring, or a floating structure that is used for mooring 20 boats or for recreational activities, such as a swimming, fishing, or 21 sunbathing platform. A dock includes a structure that is partially 22 enclosed or has two or more levels. 23 3. "Encapsulated" means a protective covering or physical barrier 24 between the polystyrene device and the water. 25 4. "Expanded polystyrene foam" means a thermoplastic petrochemical 26 material utilizing the styrene monomer that is processed according to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11963-02-3A. 8142 2 1 multiple techniques including fusion of polymer spheres, injection mold- 2 ing, form molding, and extrusion-blow molding. 3 5. "Extruded polystyrene foam" means polystyrene foam manufactured via 4 an extrusion process where plastic resin and other additives are 5 combined and extruded through a die, before cooling and expanding into 6 its final shape. 7 6. "Rigid polystyrene" means plastic made from rigid polystyrene resin 8 that has not been expanded, extruded, or foamed. 9 7. "Floating structure" means a structure constructed on or in waters 10 of the state that is supported by flotation and is secured in place by a 11 piling or mooring anchor, including boathouses, fueling structures, 12 navigation markers, floating homes, marinas, walkways, or boarding plat- 13 forms. 14 § 27-3403. Prohibition on polystyrene docks, buoys, and floating struc- 15 tures. 16 1. Beginning one year after the effective date of this title, no 17 person shall sell, offer to sell, or distribute docks, buoys, or float- 18 ing structures made with expanded polystyrene foam, extruded polystyrene 19 foam, or rigid polystyrene. 20 2. Unused or significantly degraded polystyrene docks, buoys, and 21 floating structures shall be removed from the waters of the state and 22 shall be disposed of in a manner determined by the commissioner. 23 3. Polystyrene docks, buoys, and floating structures currently in use 24 and of good condition shall be encapsulated completely by a physical 25 barrier between the expanded, extruded, or rigid polystyrene and the 26 water. Small gaps up to three quarters of an inch diameter ballast holes 27 are permitted in the physical barrier or covering provided they are 0.1 28 percent or less of the square footage of the buoy, dock, or floating 29 structure. 30 All materials and methods of encapsulation shall provide an effective 31 physical barrier between the expanded, extruded, or rigid polystyrene 32 foam and the water for a period not less than ten years. Any fasteners 33 used to hold encapsulation materials together shall be effectively 34 treated or be of a form resistant to corrosion and decay. 35 4. Use of unencapsulated polystyrene docks, buoys, and floating struc- 36 tures shall be prohibited one year after the effective date of this 37 title. 38 § 27-3405. Use of expanded, extruded, or rigid polystyrene foam in prox- 39 imity to water. 40 No person shall sell, offer to sell, or distribute any of the follow- 41 ing products in or on the waters of the state or within two hundred 42 fifty feet of waters of the state if the product is composed entirely or 43 in part of expanded, extruded, or rigid polystyrene foam unless the 44 product is encapsulated by a protective covering or is designed to 45 prevent the expanded, extruded, or rigid polystyrene foam from disinte- 46 grating into the water: 47 1. coolers, ice chests, or similar containers; 48 2. pool toys, beach toys, or swimming aids; or 49 3. buoys, docks, or floating structures. 50 § 27-3407. Nuisance. 51 The use of unencapsulated expanded, extruded, or rigid polystyrene as 52 a buoy, dock, or floating structure is a nuisance and public health 53 hazard and may be prosecuted according to the laws, rules, regulations, 54 and codes set forth by the commissioner pursuant to this chapter. 55 § 2. This act shall take effect immediately.
