Bill Text: CA AB2916 | 2023-2024 | Regular Session | Amended

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Bill Title: Environmental health: floating devices: expanded polystyrene.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-24 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 23). Re-referred to Com. on APPR. [AB2916 Detail]

Download: California-2023-AB2916-Amended.html

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Amended  IN  Assembly  April 15, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2916

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Introduced by Assembly Member Friedman

February 15, 2024

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An act to add Chapter 10 (commencing with Section 119450) to Part 15 of Division 104 of the Health and Safety Code, relating to environmental health.

LEGISLATIVE COUNSEL'S DIGEST

AB 2916, as amended, Friedman. Environmental health: floating devices: expanded polystyrene.

Existing law regulates certain consumer products and services for the purposes of public health and environmental protection. Existing law establishes the State Water Resources Control Board (state board) to exercise the adjudicatory and regulatory functions of the state in the field of water resources.

This bill would prohibit, beginning January 1, 2026, a buoy, dock, pier, or other floating device that is comprised of expanded polystyrene, as defined, from being installed, placed into, or used in the waters of the state, except when completely encased in another material that prevents the release of the expanded polystyrene into the waters of the state or the environment, as provided. The bill would require a buoy, dock, pier, or other floating device that is installed, placed into, or used in the waters of this state before January 1, 2026, and that is repaired or maintained after January 1, 2026, to also comply with this requirement.

This bill would, on and after January 1, 2026, prohibit the sale, distribution, installation, or arrangement of the installation of an overwater structure, excluding a floating home, that contains expanded polystyrene, as defined, or other plastic foam that is not fully enclosed and contained in a shell made of aluminum, concrete, steel or plastic with a minimum thickness of 0.15 inches. The bill would, on and after January 1, 2026, prohibit the sale, distribution, installation, or arrangement of the installation of a block or float that contains, or is comprised of, expanded polystyrene or other plastic foam that is not fully enclosed and contained in a shell made of aluminum, concrete, steel or plastic with a minimum thickness of 0.15 inches. The bill would authorize the state board to adopt rules to implement, administer, and enforce these provisions and to maintain and revise a list of materials that are approved to fully enclose and contain expanded polystyrene or other plastic foam used in an overwater structure, block, or float, as specified. The bill would authorize the state board to revise or disqualify a material if the state board determines the material is not sufficient to prevent the release of expanded polystyrene or other plastic foam into the environment. The bill would also authorize the state board to approve a new material for use if the state board determines that the material is sufficient to prevent the release of expanded polystyrene or other plastic foam into the environment and is safe for use in the aquatic environment. The bill would require that, beginning January 1, 2026, an overwater structure that contains, or a block or float that contains or is comprised of, expanded polystyrene or other plastic foam, sold or installed before January 1, 2026, and that is repaired or maintained on or after that date, be fitted with a shell made of aluminum, concrete, steel or plastic with a minimum thickness of 0.15 inches, or other material as the state board may approve, that fully encloses and contains all expanded polystyrene or other plastic foam. The bill would make a violation of its provisions subject to a civil penalty for each violation in an amount not to exceed $10,000.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Chapter 10 (commencing with Section 119450) is added to Part 15 of Division 104 of the Health and Safety Code, to read:

CHAPTER  10. Expanded Polystyrene Floating Devices

119450.

 (a) On and after January 1, 2026, the sale, distribution, installation, or arrangement of the installation of the following items is prohibited in this state:

(1) An overwater structure that contains expanded polystyrene or other plastic foam that is not fully enclosed and contained in a shell made of aluminum, concrete, steel or plastic with a minimum thickness of 0.15 inches.

(2) A block or float that contains, or is comprised of, expanded polystyrene or other plastic foam that is not fully enclosed and contained in a shell made of aluminum, concrete, steel or plastic with a minimum thickness of 0.15 inches.

(b) (1) The State Water Resources Control Board may do both of the following:

(A) Adopt rules to implement, administer, and enforce this chapter.

(B) Maintain and revise a list of materials that are approved to fully enclose and contain expanded polystyrene or other plastic foam used in an overwater structure, block, or float pursuant to subdivision (a).

(i) The state board may revise or disqualify a material listed in paragraph (1) or (2) of subdivision (a) from use if the state board determines the material is not sufficient to prevent the release of expanded polystyrene or other plastic foam into the environment.

(ii) The state board may approve a new material for use if the state board determines that the material is sufficient to prevent the release of expanded polystyrene or other plastic foam into the environment and is safe for use in the aquatic environment.

(2) A violation of this section is subject to a civil penalty for each violation in an amount not to exceed ten thousand dollars ($10,000).

(c) Beginning January 1, 2026, an overwater structure that contains, or a block or float that contains or is comprised of, expanded polystyrene or other plastic foam, sold or installed before January 1, 2026, and that is repaired or maintained on or after that date, shall be fitted with a shell made of aluminum, concrete, steel or plastic with a minimum thickness of 0.15 inches, or other material pursuant to subdivision (b), that fully encloses and contains all expanded polystyrene or other plastic foam.

(d) For purposes of this chapter, an overwater structure does not include a floating home as defined in subdivision (d) of Section 18075.55, but does include a dock, float, walkway, or other accessory overwater structure associated with a floating home.

(e) For purposes of this chapter, “expanded polystyrene” means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion blow molding (extruded foam polystyrene).

SECTION 1.Chapter 10 (commencing with Section 119450) is added to Part 15 of Division 104 of the Health and Safety Code, to read:

10.Expanded Polystyrene Floating Devices

119450.

(a)Beginning January 1, 2026, a buoy, dock, pier, or other floating device that is comprised of expanded polystyrene shall not be installed, placed into, or used in the waters of the state, except as provided in subdivision (b).

(b)Expanded polystyrene may be installed, placed into, or used in the waters of the state if the expanded polystyrene is completely encased in another material that prevents the release of the expanded polystyrene into the waters of the state or the environment, including, but not limited to, all of the following:

(1)Concrete with a thickness of at least one inch.

(2)Galvanized steel with a thickness of at least 0.065 inches or that is at least 16 gauge.

(3)Rigid plastic with a thickness of at least 50 millimeters.

(4)Chemically secured or bonded fiberglass or plastic resin with a thickness of at least 30 millimeters.

(5)Untreated dimensional wood with a thickness of at least four inches.

(6)Untreated marine-grade plywood with a thickness of at least one-half inch.

(c)All repairs and maintenance done to a buoy, dock, pier, or floating device shall comply with the requirements of this chapter. A buoy, dock, pier, or other floating device that is installed, placed into, or used in the waters of the state before January 1, 2026, and that is repaired or maintained after January 1, 2026, shall comply with the requirements of this chapter.

(d)For purposes of this chapter, “expanded polystyrene” means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion blow molding (extruded foam polystyrene).