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, 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.