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Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN ASSEMBLY JUNE 21, 2011
AMENDED IN SENATE APRIL 25, 2011

INTRODUCED BY Senator Kehoe

FEBRUARY 18, 2011

An act to add Chapter 8 (commencing with Section 117140)
to Part 12 of Division 104 of the Health and Safety Code, relating to
public health.
An act to add and repeal Sections
128196 and 128197 of the Health and Safety Code, relating to public
health: abortions.




LEGISLATIVE COUNSEL'S DIGEST


SB 623, as amended, Kehoe. Vessels: marine antifouling
paint.
Public health: health workforce projects:
abortions.

Under existing law, the Office of Statewide Health Planning and
Development approves, establishes minimum guidelines for, and
performs onsite visitations for specified types of evaluation of
health workforce projects. Existing law also requires the office to
collect and make public the data an approved project generates.
Existing law prohibits the office from approving a project for beyond
a specified period unless a specified determination is made.


This bill would require the office to extend the duration of
Health Workforce Pilot Project No. 171 through January 1, 2014, to,
among other specified reasons, provide the sponsors of the project an
opportunity to achieve publication of the data collected during the
project in a peer-reviewed journal.

Under existing law, the Department of Boating and Waterways
regulates the operation and equipment of vessels. The Director of
Boating and Waterways administers the department. Existing law
regulates various substances in products, like lead, copper, and
mercury, that can lead to public health issues when introduced into
the environment.

This bill would require the Department of Pesticide Regulation, by
January 1, 2014, to determine the maximum allowable leach rate for
low-leach rate antifouling paints. The bill would prohibit, on and
after January 1, 2015, a manufacturer, wholesaler, retailer, or
distributor from selling or offering for sale in California a new
recreational vessel, as defined, containing antifouling paint that
contains copper. The bill also would prohibit, on and after January
1, 2015, the use or application of antifouling paint that contains
copper on recreational vessels, except as provided. The bill would
require the State Water Resources Control board, by January 1, 2019,
and biennially thereafter, to determine whether the use of low-leach
rate copper-containing antifouling paints could result in the
attainment of water quality objectives in marinas and harbors for
dissolved copper. The bill would, on of after January 1, 2019,
prohibit the use or application of antifouling paint on recreational
vessels one year after a determination by the State Water Resources
Control Board that the trend line of measured water quality data does
not point toward attainment of the dissolved copper water quality
objectives in marinas and harbors.

This bill would require an owner or a master of a transient
vessel, as defined, to submit to the manufacturer, wholesaler,
retailer, distributor, boatyard, or other vessel repair facility, and
to the marina or similar mooring facility at the time of service or
the onset of temporary residency a transient vessel affidavit
certifying under the penalty of perjury that the vessel qualifies as
a transient vessel. A person who knowingly submits a false affidavit
is liable for an unspecified penalty. Because a person who submits a
false affidavit has committed the crime of perjury, this bill would
create a new crime, thereby imposing a state-mandated local program.
The bill would require a transient vessel that no longer qualifies as
a transient vessel to be hauled and to remove all antifouling
paints. A person who fails to remove the antifouling paints is liable
for an unspecified amount.

The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that no reimbursement is required by this
act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 128196 is added to the
Health and Safety Code , to read:
128196. The Legislature finds and declares all of the following:
(a) The Access through Primary Care Project, known as Health
Workforce Pilot Project (HWPP) No. 171, was approved in 2007 to teach
new skills to nurse practitioners, certified nurse-midwives, and
physician assistants, and to evaluate the safety and efficacy of
allowing nurse practitioners, certified nurse-midwives, and physician
assistants to use these new skills to perform first trimester
aspiration abortions.
(b) The study investigators from the University of California
find, from the data submitted to the office that trainees of the
project have achieved competency and safely perform first trimester
aspiration abortions using the new skills acquired in HWPP No. 171.
The study investigators intend to undergo additional peer review of
the data by submitting the results for publication in a nationally
recognized, peer-reviewed journal.
(c) It is necessary to extend HWPP No. 171 to maintain the
competencies of clinicians trained to date and to authorize continued
training of new clinicians while the larger peer review process is
conducted, and because HWPP No. 171 is likely to increase the
availability of safe, early abortion care that is limited in many
areas of California.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

SEC. 2. Section 128197 is added to the
Health and Safety Code
, to read:
128197. (a) Notwithstanding Section 128180, the office shall
extend the duration of the health workforce project regarding
clinicians known as Health Workforce Pilot Project No. 171 until
January 1, 2014, in order to provide the sponsors an opportunity to
achieve publication of the data in a peer-reviewed journal, to
maintain the competence of the clinicians trained during the course
of the project, and to authorize training of additional clinicians in
first trimester aspiration technique, as outlined in the project
application, as amended. The project shall continue to satisfy the
requirements of the office.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

SECTION 1.
The Legislature finds and declares
all of the following:
(a) Marine antifouling paints are used on vessel hulls to prevent
the growth of aquatic organisms, such as barnacles and algae. Most
antifouling paints use copper to prevent the growth of aquatic
organisms. Copper-containing marine antifouling paints are a source
of copper releases in marinas within California estuaries and along
shorelines.
(b) Copper is toxic to many aquatic organisms and plants.Its
concentration in water and sediments can increase to the point of
impacting the food web in the marine environment by eliminating
certain species. Copper is one of the metals listed in the federal
Clean Water Act (33 U.S.C. Sec. 1251 et seq.) that the state is
required to regulate. Numerous bays and harbors throughout California
have water quality impairments due to copper, as referenced by the
California 2008-2010 303(d) list of impaired water bodies. As such,
measures must be taken to reduce impacts on aquatic environments by
reducing copper loads in these areas.
(c) Best management practices relative to in-water hull cleaning
of recreational vessels can help to minimize biocide input and
invasive species transport in state waters.
(d) Boating is an important part of the economic and social fabric
of California. California has approximately 800,000 recreational
boats and more than three million people who participate in
recreational boating annually. These boaters contribute $1.2 billion
to the state's Gross State Product and have a direct impact on over
24,000 jobs with labor income of $750 million. Any policy affecting
boating must ensure that boating continues to be a vigorous part of
California life. Therefore, it is the intent of the Legislature that
any policy relating to the application or use of paints on vessel
hulls be structured in a manner that protects these values.
(e) Due to the inherent conflict between the need for an
antifouling paint that effectively controls the growth of aquatic
organisms on vessel hulls and the federal requirements under the
federal Clean Water Act to protect aquatic environments from
pollution, it is the intent of the Legislature to promote the use of
nonbiocide paints in order to balance the needs of these conflicting
interests.

SEC. 2.
Chapter 8 (commencing with Section
117140) is added to Part 12 of Division 104 of the Health and Safety
Code, to read:
CHAPTER 8. MARINE FOULING PAINT


117140. For the purposes of this chapter, the following
definitions shall apply:
(a) "Antifouling paint" means paint for a vessel's hull that is a
type of pesticide containing registered active ingredients, biocides,
or zinc compounds to prohibit the attachment and growth of aquatic
life.
(b) "Low-leach rate copper antifouling paint" means a
copper-containing antifouling paint that has a maximum leach rate to
be established by January 1, 2014, by the Department of Pesticide
Regulation.
(c) (1) "Recreational vessel" means a vessel that is either of the
following:
(A) Manufactured or used primarily for pleasure.
(B) Leased, rented, or chartered to a person for the pleasure of
that person.
(2) "Recreational vessel" does not include either of the
following:
(A) A vessel that is subject to United States Coast Guard
inspection and that is engaged in commercial use or carries paying
passengers.
(B) A transient vessel.
(d) "Transient vessel" means a vessel, recreational or otherwise,
that is not or will not be located in the territorial waters of this
state in excess of six months in any rolling 12-month period, except
if the vessel is undergoing repair, retrofit, or modification by a
manufacturer, wholesaler, retailer, distributor, boatyard, or other
vessel repair facility and under the exclusive control of those
entities.
(e) "Transient vessel affidavit" means the affidavit tendered by a
vessel owner or the vessel master that certifies in writing under
penalty of perjury to the manufacturer, wholesaler, retailer,
distributor, boatyard, or other vessel repair facility, that the
vessel will not be located in the territorial waters of this state in
excess of six months in any rolling 12-month period, except if the
vessel is undergoing repair, retrofit, or modification by a
manufacturer, wholesaler, retailer, distributor, boatyard, or other
vessel repair facility and under the exclusive control of those
entities.
117141. A vessel owner or vessel master of a transient vessel
shall submit a transient vessel affidavit to the manufacturer,
wholesaler, retailer, distributor, boatyard, or other vessel repair
facility and to the marina or similar mooring facility at the time of
service or the onset of temporary residency.
117142. (a) If a transient vessel ceases to be a transient
vessel, then within 90 days thereafter, the vessel shall be hauled
and all antifouling paint shall be removed.
(b) A vessel owner that submits, or whose vessel master submits, a
transient vessel affidavit knowing it to be false shall be liable
for a penalty of ($____).
(c) A vessel owner that fails to remove antifouling paint within
90 days after the vessel ceases to be a transient vessel shall be
liable for a penalty of ($____), in addition to the requirement to
remove the antifouling paint.
117143. By January 1, 2014, the Department of Pesticide
Regulation shall determine the maximum allowable leach rate for
low-leach rate copper antifouling paints.
117144. On and after January 1, 2015, a manufacturer, wholesaler,
retailer, or distributor is prohibited from selling or offering for
sale in California, a new recreational vessel upon which has been
applied copper-containing antifouling paint that does not meet the
definition of low-leach rate copper antifouling paint.
117145. On and after January 1, 2015, it shall be unlawful to
apply to a recreational vessel antifouling paint containing copper
that does not meet the definition of low-leach rate copper
antifouling paint.
117146. (a) By January 1, 2019, and biennially thereafter, the
State Water Resources Control Board shall determine, through the
assessment of appropriate water quality data and modeling techniques,
whether the use of low-leach rate copper-containing antifouling
paints can result in the attainment of water quality objectives in
California marinas and harbors. Modeling shall demonstrate that the
trend line of the measured water quality data points toward
attainment of the dissolved copper water quality objectives and that
the water quality objectives will be met within five years from the
date of the assessment.
(b) On or after January 1, 2019, if the State Water Resources
Control Board does not demonstrate that the trend line of the
measured water quality data points toward attainment of the dissolved
copper water quality objectives in California marinas and harbors,
then the use or application of antifouling paint on recreational
vessels shall be prohibited one year after the determination.
117147. No later than January 1, 2013, the Department of Boating
and Waterways shall convene an advisory committee to review existing
signage programs and other relevant sources of information to develop
a model signage program that lists prudent guidelines for in-water
hull cleaning of vessels. The advisory committee shall include
representatives from associations related to California harbors and
marinas, water quality, and recreational boaters with input from the
State Water Resources Control Board and the Department of Pesticide
Regulation. Signs may be used at the discretion of marina operators
and will encourage the use of proper hull cleaning methods and warn
about the dangers of contaminating the water with leaching from
antifouling paint.

SEC. 3.
No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.