NY State Senate Bill 2023-S7977A

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2024	print number 7977a
May 28, 2024	amend and recommit to environmental conservation
Jan 04, 2024	referred to environmental conservation

Bill Amendments

Original

A (Active)

2023-S7977 - Details

See Assembly Version of this Bill:: A8142
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3403, En Con L

2023-S7977 - Summary

Prohibits the sale, offer for sale, or distribution of polystyrene foam docks, buoys and floating structures in the state.

2023-S7977 - Sponsor Memo

                                 
BILL NUMBER: S7977

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
banning the use of polystyrene foam docks, buoys and floating structures

 
PURPOSE:

The purpose of this act is to prohibit the use of expanded polystyrene
foam in buoys, docks, or floating structures on state waters unless the
foam is encapsulated or designed to prevent disintegration into the
water. Open-cell (beaded) polystyrene is also prohibited. Any encapsula-
tion must provide an effective physical barrier for at least ten years
and be resistant to corrosion and decay. Unused or replaced polystyrene
foam must be removed from state waters and recycled or disposed of prop-
erly. The law also prohibits the sale or distribution of unencapsulated
polystyrene foam flotation devices within the state from April 1, 2026.
The use of unencapsulated polystyrene foam in coolers, ice chests, pool
toys, beach toys, swimming aids, buoys, or flotation for docks or float-
ing structures within 250 feet of state waters is also prohibited unless
encapsulated or designed to prevent disintegration.

 
SUMMARY OF PROVISIONS:

Section 1 Findings: Expanded polystyrene foam, commonly known as Styro-
foam, is a petroleum-based material used in flotation devices, food
service containers, and packing material. It is lightweight, floats, and
can break down into smaller pieces in water. However, improper disposal
and littering cause it to enter the waters of the State, where it can
harm wildlife and the environment. The material is not biodegradable and
may never fully disappear from water. It is also manufactured using the
chemical styrene, which is listed as a human carcinogen. To limit the
introduction of expanded polystyrene foam into the waters of the State,
measures such as encapsulating flotation devices, prohibiting the use of
open-cell polystyrene, or using readily available food service alterna-
tives can be taken.  Numerous jurisdictions already limit the use of
expanded polystyrene foam in or near public waters.

Section 2 This bill requires that any buoy, dock, or floating structure
installed on the state's waters must have encapsulated expanded polys-
tyrene foam or be designed to prevent the foam from disintegrating into
the water. The bill also prohibits the sale, distribution, or use of
certain expanded polystyrene foam products within 250 feet of a water
source if the product is not encapsulated.  The bill cites the harmful
effects of expanded polystyrene foam on human health, wildlife, and the
environment as reasons for the proposed limitations

Open-cell (beaded) polystyrene is also prohibited. Any encapsulation
must provide an effective physical barrier for at least ten years and be
resistant to corrosion and decay. Unused or replaced polystyrene foam
must be removed from state waters and recycled or disposed of properly.
The law also prohibits the sale or distribution of unencapsulated polys-
tyrene foam flotation devices within the state from April 1, 2026. The
use of unencapsulated polystyrene foam in coolers, ice chests, pool
toys, beach toys, swimming aids, buoys, or flotation for docks or float-
ing structures within 250 feet of state waters is also prohibited unless
encapsulated or designed to prevent disintegration. The use of unencap-
sulated polystyrene foam as a flotation device in state waters is
declared a nuisance and public health hazard.

Section 3 The Lakes and Ponds Program will receive $50,000 from the
General Fund to assist with the replacement of existing unencapsulated
devices.

Section 4 provides the effective date.

 
JUSTIFICATION:

Banning polystyrene in docks is a necessary step towards protecting our
environment and ensuring the health of our waterways. Polystyrene is a
non-biodegradable material that can take hundreds of years to decompose,
and it can cause significant harm to marine life and ecosystems.

When polystyrene is used in docks, it can easily break down and release
harmful chemicals into the water. These chemicals can be toxic to fish
and other aquatic life, and they can also contaminate the water and harm
human health.

By banning the use of polystyrene in docks, we can help to reduce the
amount of harmful chemicals that are released into our waterways.

This will help to protect the health of our ecosystems and ensure that
our water remains clean and safe for generations to come.  The bill also
requires that any encapsulation used must provide an effective physical
barrier for at least ten years and be resistant to corrosion and decay.
This will help to ensure that any polystyrene used in docks is properly
contained and does not break down and release harmful chemicals into the
water.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The law will take effect on April 1, 2024, except for the rulemaking
provision, which takes effect immediately

2023-S7977 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7977
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 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:
 
   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

 S. 7977                             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.

2023-S7977A (ACTIVE) - Details

See Assembly Version of this Bill:: A8142
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §§27-3401 - 27-3403, En Con L

2023-S7977A (ACTIVE) - Summary

Prohibits the sale, offer for sale, or distribution of polystyrene foam docks, buoys and floating structures in the state.

2023-S7977A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7977A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
banning the use of polystyrene foam docks, buoys and floating structures

 
PURPOSE:

The purpose of this act is to prohibit the sale of expanded polystyrene
foam in buoys, docks, or floating structures.

 
SUMMARY OF PROVISIONS:

Section 1: defines buoy, dock, encapsulated, expanded polystyrene foam,
extruded polystyrene foam, rigid polystyrene, and floating structure;
-prohibits the sale, distribution, or use of certain expanded polystyr-
ene foam products starting January 1, 2026

Section 2: provides the effective date.

 
JUSTIFICATION:

Banning polystyrene in docks will help protect our environment and the
health of our waterways. Polystyrene is a non-biodegradable material
that can take hundreds of years to decompose causing significant harm to
marine life, ecosystems, and impairs recreational enjoyment of our
State's natural environment.

When polystyrene is used in docks, the natural erosion processes at
shorelines can easily break the polystyrene into smaller, even micro-
scopic, pieces and release harmful chemicals into the water.  These
pieces and chemicals are toxic to, and often ingested by, fish, and
other aquatic life posing a threat to fisheries. They can also contam-
inate the drinking water and recreational spaces that New Yorkers rely
on across the State.

The bill also requires that any encapsulation of polystyrene docks
currently in use must provide an effective physical barrier that lasts
at least ten years and which is resistant to corrosion and decay. This
will help ensure that any polystyrene currently used in docks is proper-
ly contained and does not break down and release harmful chemicals into
the water.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately.

2023-S7977A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7977--A
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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.
 § 27-3401. 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.  "EXPANDED  POLYSTYRENE  FOAM"  MEANS A THERMOPLASTIC PETROCHEMICAL
 MATERIAL UTILIZING THE STYRENE MONOMER THAT IS  PROCESSED  ACCORDING  TO
 MULTIPLE TECHNIQUES INCLUDING FUSION OF POLYMER SPHERES, INJECTION MOLD-
 ING, FORM MOLDING, AND EXTRUSION-BLOW MOLDING.
   4. "EXTRUDED POLYSTYRENE FOAM" MEANS POLYSTYRENE FOAM MANUFACTURED VIA
 AN  EXTRUSION  PROCESS  WHERE  PLASTIC  RESIN  AND  OTHER  ADDITIVES ARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11963-08-4
 S. 7977--A                          2
 
 COMBINED AND EXTRUDED THROUGH A DIE, BEFORE COOLING AND  EXPANDING  INTO
 ITS FINAL SHAPE.
   5. "RIGID POLYSTYRENE" MEANS PLASTIC MADE FROM RIGID POLYSTYRENE RESIN
 THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
   6.  "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.
   BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX,  NO  PERSON  SHALL
 SELL,  OFFER TO SELL, OR DISTRIBUTE DOCKS, BUOYS, OR FLOATING STRUCTURES
 MADE WITH EXPANDED POLYSTYRENE FOAM, EXTRUDED POLYSTYRENE FOAM, OR RIGID
 POLYSTYRENE.
   § 2. This act shall take effect immediately.

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Senate Bill S7977A

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2023-S7977 - Details

2023-S7977 - Summary

2023-S7977 - Sponsor Memo

2023-S7977 - Bill Text download pdf

2023-S7977A (ACTIVE) - Details

2023-S7977A (ACTIVE) - Summary

2023-S7977A (ACTIVE) - Sponsor Memo

2023-S7977A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7977A

Share this bill

Sponsored By

Rachel May

Current Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2023-S7977 - Details

2023-S7977 - Summary

2023-S7977 - Sponsor Memo

2023-S7977 - Bill Text download pdf

2023-S7977A (ACTIVE) - Details

2023-S7977A (ACTIVE) - Summary

2023-S7977A (ACTIVE) - Sponsor Memo

2023-S7977A (ACTIVE) - Bill Text download pdf

Comments