BILL REQ. #:  S-0631.2 

Read first time 02/04/13.   Referred to Committee on Energy, Environment & Telecommunications.

     AN ACT Relating to floatation devices on state-owned aquatic lands and in state waters; amending RCW 90.48.020; adding a new section to chapter 90.48 RCW; adding a new section to chapter 79.105 RCW; adding a new section to chapter 77.55 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The lightweight structure and floatation capacity of polystyrene foam, sometimes referred to as "styrofoam," has made it a popular material choice for dock construction, buoys, and other floatation devices in the marine environment.
     (2) Polystyrene foam does not break down easily and never fully biodegrades. Instead, the foam fragments into smaller pieces, leaching toxins in the water and producing unsightly debris fields.
     (3) Foam particles can be mistaken for food by fish and other wildlife, which may cause them to die from malnutrition and suffocation or may enter the human food chain when fish are caught and consumed.
     (4) These problems can be avoided by ensuring that polystyrene foam used in the marine environment is encapsulated by a protective covering or is designed to prevent the polystyrene from disintegrating into the waters of this state.

Sec. 2   RCW 90.48.020 and 2002 c 161 s 4 are each amended to read as follows:
     ((Whenever the word)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Person" ((is used in this chapter, it shall be construed to)) includes any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
     ((Wherever the words)) (2) "Waters of the state" ((shall be used in this chapter, they shall be construed to)) includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington.
     ((Whenever the word)) (3) "Pollution" ((is used in this chapter, it shall be construed to)) means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
     ((Wherever the word)) (4) "Department" ((is used in this chapter it shall)) means the department of ecology.
     ((Whenever the word)) (5) "Director" ((is used in this chapter it shall)) means the director of ecology.
     ((Whenever the words)) (6) "Aquatic noxious weed" ((are used in this chapter, they have)) has the same meaning as prescribed under RCW 17.26.020.
     ((Whenever the words)) (7) "General sewer plan" ((are used in this chapter they shall be construed to)) includes all sewerage general plans, sewer general comprehensive plans, plans for a system of sewerage, and other plans for sewer systems adopted by a local government entity including but not limited to cities, towns, public utility districts, and water-sewer districts.
     (8) "Encapsulated" means a protective covering or physical barrier between the polystyrene foam and the water.
     (9) "Polystyrene foam" means any molded or expanded type of polystyrene foam used for floatation.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.48 RCW to read as follows:
     (1) A person may not install polystyrene foam on a dock, buoy, float, or other floatation device unless the foam is encapsulated by a protective covering or is designed to prevent the polystyrene from disintegrating into the waters of the state.
     (2) All existing installations of nonencapsulated polystyrene foam in the waters of the state must be removed or replaced by January 1, 2015.

NEW SECTION.  Sec. 4   A new section is added to chapter 79.105 RCW to read as follows:
     The use of polystyrene foam for any new uses on state-owned aquatic lands including docks, floatation devices, or other structures or devices authorized by a lease, easement, right-of-way, or other authorizations is prohibited unless the foam is encapsulated as provided in section 3 of this act. For existing uses, the condition of any exposed or uncontained foam must be assessed by the department and removed by the tenant as soon as possible based on its condition. The department must determine the time frame for removal in consultation with the tenant, but in no event may removal occur later than January 1, 2015.

NEW SECTION.  Sec. 5   A new section is added to chapter 77.55 RCW to read as follows:
     The department shall condition each permit issued after the effective date of this section to prohibit the use of polystyrene foam in the structures of devices to be constructed or operated pursuant to the permit unless the foam is encapsulated as provided in section 3 of this act.