S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8142
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                  TITLE 34
                        POLYSTYRENE FOAM DOCKS BAN
 SECTION 27-3401. DEFINITIONS.
         27-3403. PROHIBITION ON POLYSTYRENE DOCKS, BUOYS,  AND  FLOATING
                    STRUCTURES.
         27-3405. USE OF EXPANDED, EXTRUDED, OR RIGID POLYSTYRENE FOAM IN
                    PROXIMITY TO WATER.
         27-3407. NUISANCE.
 § 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.
   3.  "ENCAPSULATED"  MEANS  A  PROTECTIVE  COVERING OR PHYSICAL BARRIER
 BETWEEN THE POLYSTYRENE DEVICE AND THE WATER.
   4. "EXPANDED POLYSTYRENE FOAM"  MEANS  A  THERMOPLASTIC  PETROCHEMICAL
 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.
                                                            LBD11963-02-3
 A. 8142                             2
 
 MULTIPLE TECHNIQUES INCLUDING FUSION OF POLYMER SPHERES, INJECTION MOLD-
 ING, FORM MOLDING, AND EXTRUSION-BLOW MOLDING.
   5. "EXTRUDED POLYSTYRENE FOAM" MEANS POLYSTYRENE FOAM MANUFACTURED VIA
 AN  EXTRUSION  PROCESS  WHERE  PLASTIC  RESIN  AND  OTHER  ADDITIVES ARE
 COMBINED AND EXTRUDED THROUGH A DIE, BEFORE COOLING AND  EXPANDING  INTO
 ITS FINAL SHAPE.
   6. "RIGID POLYSTYRENE" MEANS PLASTIC MADE FROM RIGID POLYSTYRENE RESIN
 THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
   7.  "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 POLYSTYRENE DOCKS, BUOYS, AND FLOATING STRUC-
              TURES.
   1. BEGINNING ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  TITLE,  NO
 PERSON  SHALL SELL, OFFER TO SELL, OR DISTRIBUTE DOCKS, BUOYS, OR FLOAT-
 ING STRUCTURES MADE WITH EXPANDED POLYSTYRENE FOAM, EXTRUDED POLYSTYRENE
 FOAM, OR RIGID POLYSTYRENE.
   2. UNUSED OR SIGNIFICANTLY  DEGRADED  POLYSTYRENE  DOCKS,  BUOYS,  AND
 FLOATING  STRUCTURES  SHALL  BE REMOVED FROM THE WATERS OF THE STATE AND
 SHALL BE DISPOSED OF IN A MANNER DETERMINED BY THE COMMISSIONER.
   3. POLYSTYRENE DOCKS, BUOYS, AND FLOATING STRUCTURES CURRENTLY IN  USE
 AND  OF  GOOD  CONDITION  SHALL BE ENCAPSULATED COMPLETELY BY A PHYSICAL
 BARRIER BETWEEN THE EXPANDED, EXTRUDED, OR  RIGID  POLYSTYRENE  AND  THE
 WATER. SMALL GAPS UP TO THREE QUARTERS OF AN INCH DIAMETER BALLAST HOLES
 ARE  PERMITTED IN THE PHYSICAL BARRIER OR COVERING PROVIDED THEY ARE 0.1
 PERCENT OR LESS OF THE SQUARE FOOTAGE OF THE  BUOY,  DOCK,  OR  FLOATING
 STRUCTURE.
   ALL  MATERIALS AND METHODS OF ENCAPSULATION SHALL PROVIDE AN EFFECTIVE
 PHYSICAL BARRIER BETWEEN THE EXPANDED, EXTRUDED,  OR  RIGID  POLYSTYRENE
 FOAM  AND  THE WATER FOR A PERIOD NOT LESS THAN TEN YEARS. ANY FASTENERS
 USED TO HOLD  ENCAPSULATION  MATERIALS  TOGETHER  SHALL  BE  EFFECTIVELY
 TREATED OR BE OF A FORM RESISTANT TO CORROSION AND DECAY.
   4. USE OF UNENCAPSULATED POLYSTYRENE DOCKS, BUOYS, AND FLOATING STRUC-
 TURES  SHALL  BE  PROHIBITED  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS
 TITLE.
 § 27-3405. USE OF EXPANDED, EXTRUDED, OR RIGID POLYSTYRENE FOAM IN PROX-
              IMITY TO WATER.
   NO PERSON SHALL SELL, OFFER TO SELL, OR DISTRIBUTE ANY OF THE  FOLLOW-
 ING  PRODUCTS  IN  OR  ON  THE WATERS OF THE STATE OR WITHIN TWO HUNDRED
 FIFTY FEET OF WATERS OF THE STATE IF THE PRODUCT IS COMPOSED ENTIRELY OR
 IN PART OF EXPANDED, EXTRUDED, OR  RIGID  POLYSTYRENE  FOAM  UNLESS  THE
 PRODUCT  IS  ENCAPSULATED  BY  A  PROTECTIVE  COVERING OR IS DESIGNED TO
 PREVENT THE EXPANDED, EXTRUDED, OR RIGID POLYSTYRENE FOAM FROM  DISINTE-
 GRATING INTO THE WATER:
   1. COOLERS, ICE CHESTS, OR SIMILAR CONTAINERS;
   2. POOL TOYS, BEACH TOYS, OR SWIMMING AIDS; OR
   3. BUOYS, DOCKS, OR FLOATING STRUCTURES.
 § 27-3407. NUISANCE.
   THE  USE OF UNENCAPSULATED EXPANDED, EXTRUDED, OR RIGID POLYSTYRENE AS
 A BUOY, DOCK, OR FLOATING STRUCTURE IS  A  NUISANCE  AND  PUBLIC  HEALTH
 HAZARD  AND MAY BE PROSECUTED ACCORDING TO THE LAWS, RULES, REGULATIONS,
 AND CODES SET FORTH BY THE COMMISSIONER PURSUANT TO THIS CHAPTER.
   § 2. This act shall take effect immediately.