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Warning! This is a not the current version of this legislative bill.
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 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 Article 2.7 (commencing
with Section 756) to Chapter 5 of Division 3 of th
e
Harbors and Navigation Code, relating to vessels.



LEGISLATIVE COUNSEL'S DIGEST


SB 623, as amended, Kehoe. Copper in marine paint.
Vessels: marine antifouling paint.
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.

This 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, 2019, the use or
application of antifouling paint that contains copper on recreational
vessels, except as provided.

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, on and after January 1, 2015, would make it unlawful to
manufacture, sell, or distribute in commerce in California marine
antifouling paints that contain copper. The bill would require
manufacturers to use the least toxic alternative when replacing the
copper in marine antifouling paint.

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


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

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. It
accumulates in water, sediments, and marine plants and animals and
can impact 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) 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.


(d) 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 alternative paints in order to balance the needs of these
conflicting interests.

SEC. 2. Article 2.7 (commencing with Section 756)
is added to Chapter 5 of Division 3 of the
Harbors and
Navigation Code
, to read:

Article 2.7. Marine Antifouling Paint


756. For purposes of this article, the following definitions
shall apply:
(a) "Alternative paint" means paint that does not contain any
biocide compounds. Alternative paint acts to protect the integrity of
a vessel's hull by creating a hard barrier or by creating a slick
finish to aid in foul-release properties.
(b) "Antifouling paint" means paint for a vessel's hull containing
compounds to prohibit the attachment and growth of aquatic life.
(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 a vessel that is
subject to United States Coast Guard inspection and that is engaged
in commercial use or carries paying passengers.
757. On and after January 1, 2015, a manufacturer, wholesaler,
retailer, or distributor shall not sell or offer for sale in
California, any new recreational vessel containing antifouling paint
that contains copper.
758. (a) Except as provided in subdivision (b), on and after
January 1, 2019, it shall be unlawful to use on or apply to a
recreational vessel antifouling paint containing copper.
(b) If the director finds that there are no effective, available,
and affordable alternative paints available by January 1, 2019,
taking into account durability, lifespan, and cleaning, the
prohibition on the use or application of antifouling paint containing
copper on a recreational vessel shall instead be operative on and
after January 1, 2020 and the director shall publish this finding and
notice of the delayed operation of the prohibition on the department'
s Internet Web site.

SECTION 1.
The Legislature finds and declares
all of the following:
(a) Copper is toxic to many aquatic organisms and plants. It
accumulates in water, sediments, and marine plants and animals and
can impact the food web in the marine environment by eliminating
certain species. It particularly builds up in areas like marina
basins that do not flush well.
(b) Copper-containing marine antifouling paints used to control
fouling growth on boat hulls are a significant source of copper
releases in marinas within California estuaries and along shorelines.
For example, a major source of copper in the San Diego Bay is from
the use of copper-containing marine antifouling paints.
(c) Limits on the copper content of marine antifouling paints are
essential for California cities, counties, and industries to comply
with water quality standards and copper total maximum daily loads
(TMDL) in California's estuaries as required by the federal Clean
Water Act (33 U.S.C. Sec. 1251 et seq.). For instance, limiting
copper antifouling paint is a critical part of the TMDL Basin Plan
Amendment for the Shelter Island Yacht Basin, which mandates
compliance by 2022.
(d) Without limits on the use of copper in marine antifouling
paints, California taxpayers face millions of dollars in federal
Clean Water Act compliance costs.
(e) The San Diego Unified Port District has developed a
multi-faceted approach to deal with copper-containing marine
antifouling paints, including working with the federal Environmental
Protection Agency and the State Water Resources Control Board on
grants to research alternatives to copper in marine antifouling
paints, working with the public and other interested parties on
outreach, education, and development of best management practices in
order to reduce the impacts of copper-containing marine antifouling
paints, and developing a local ordinance and permit systems to
regulate in-water hull cleaning. However, action is needed on a
statewide basis.

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 PAINT


117140. (a) On and after January 1, 2015, it shall be unlawful to
manufacture, sell, or distribute in commerce in California marine
antifouling paints that contain copper.
(b) Manufacturers shall use the least toxic alternative when
replacing copper in marine antifouling hull paint.