BILL NUMBER: SB 315 CHAPTERED 10/04/01 CHAPTER 469 FILED WITH SECRETARY OF STATE OCTOBER 4, 2001 APPROVED BY GOVERNOR OCTOBER 3, 2001 PASSED THE SENATE SEPTEMBER 10, 2001 PASSED THE ASSEMBLY SEPTEMBER 5, 2001 AMENDED IN ASSEMBLY AUGUST 20, 2001 AMENDED IN ASSEMBLY JULY 19, 2001 AMENDED IN ASSEMBLY JULY 9, 2001 AMENDED IN ASSEMBLY JULY 5, 2001 AMENDED IN SENATE MAY 2, 2001 AMENDED IN SENATE APRIL 16, 2001 INTRODUCED BY Senator Alpert (Coauthor: Assembly Member Wayne) FEBRUARY 20, 2001 An act to add and repeal Chapter 5.2 (commencing with Section 13366) of Division 7 of the Water Code, relating to water quality, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 315, Alpert. San Diego Advisory Committee for Environmentally Superior Antifouling Paints. (1) Existing law generally provides for various state and local agency activities for the prevention of contamination of the state's water systems. This bill would establish, until January 1, 2004, the San Diego Advisory Committee for Environmentally Superior Antifouling Paints, composed of specified persons appointed by the Board of Port Commissioners of the San Diego Unified Port District for 2-year terms. By requiring the board to appoint these committee members, the bill would impose a state-mandated local program. The purpose of the committee would be to make recommendations and to advise in the preparation of a report by the University of California, subject to the agreement of the university, or a consultant, to identify incentives necessary to ensure that nontoxic alternatives to metal-based antifouling hull coatings are used for recreational vessels. (2) Existing law authorizes the Department of Boating and Waterways to expend funds from the Harbors and Watercraft Revolving Fund, which are available upon appropriation by the Legislature, for, among other things, boating facilities development, boating safety, and boating regulation programs. Existing law also makes the money in the fund available, upon appropriation by the Legislature, to the State Water Resources Control Board for boating-related water quality regulatory activities. This bill would appropriate $50,000 from the Harbors and Watercraft Revolving Fund to the department to provide funds to the University of California, subject to the agreement of the university, or a consultant, for preparation of the incentives report required under the bill. (3) 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. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) San Diego Bay is listed by the state as an impaired water body, and copper is a constituent of concern. One study shows that vessel hull paints are the largest sources of copper loading in San Diego Bay, with more than one-half of the total copper coming from recreational boats. Conservative estimates indicate that most of the bay's eight thousand recreational boats use copper-based antifouling paint. The copper loading problem is particularly acute in the Shelter Island Yacht Basin of the bay, resulting in the preparation of a Total Daily Maximum Load (TDML) assessment by the San Diego Regional Water Quality Control Board. (b) Existing, viable nontoxic alternatives to copper-based coatings lack widespread use because of limited availability, unfamiliarity, and concerns about cost. As part of an effort to improve the recreational boating community's access to superior alternatives, a group of diverse stakeholders is coming together to develop incentives for San Diego boat owners, boat repair companies, and marinas to apply alternative boat coatings. SEC. 2. Chapter 5.2 (commencing with Section 13366) is added to Division 7 of the Water Code, to read: CHAPTER 5.2. SAN DIEGO ADVISORY COMMITTEE FOR ENVIRONMENTALLY SUPERIOR ANTIFOULING PAINTS 13366. (a) The San Diego Advisory Committee for Environmentally Superior Antifouling Paints is hereby established, for the purpose of making recommendations and advising in the preparation of a report by the University of California, or a consultant, to identify incentives necessary to ensure that nontoxic alternatives to metal-based antifouling hull coatings are used for recreational vessels. The report shall consider, but need not be limited to, all of the following: (1) Product costs, including, but not limited to, product costs of noncoating alternatives. (2) Hull preparation, including, but not limited to, initial costs, lifespan costs, maintenance, and repairs. (3) Market-based alternatives, including, but not limited to, differential pricing. (4) The term of any incentives to encourage the availability and use of alternatives. (5) Criteria for evaluating the effectiveness of any incentives. (b) The committee members shall be appointed by the Board of Port Commissioners of the San Diego Unified Port District for two-year terms. The membership of the committee should include, but need not be limited to, all of the following: (1) A representative of the San Diego Association of Yacht Clubs who resides in San Diego. (2) A representative of the San Diego Port Tenants Association. (3) A marina owner or operator in the San Diego Bay. (4) A representative of the San Diego Unified Port District. (5) A representative of the Sea Grant Extension Program. (6) A representative of the Southern California Professional Divers Association. (7) A representative of the Environmental Health Coalition in San Diego County. (8) A representative of the boatyard industry operating in San Diego County. (9) A representative of the San Diego Regional Water Quality Control Board. (10) A recreational boat owner who resides in the City of San Diego. (11) A representative of the Department of Boating and Waterways. (c) The committee may include one nonvoting representative of each of the following: (1) The United States Navy. (2) The Department of Pesticide Regulation. (d) Committee members shall not be compensated for their services or any expenses incurred in the performance of their duties pursuant to this chapter. (e) The report required under subdivision (a) shall be submitted on or before December 31, 2002, to all of the following: (1) The Legislature. (2) The San Diego Regional Water Quality Control Board. (3) The Department of Boating and Waterways. (f) This section shall only apply to the University of California to the extent the regents of the university elect to make the section applicable. 13367. This chapter shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2004, deletes or extends that date. SEC. 3. The sum of fifty thousand dollars ($50,000) is hereby appropriated from the Harbors and Watercraft Revolving Fund to the Department of Boating and Waterways, to provide funds to the University of California, subject to the agreement of the university, or a consultant, for the purpose of preparing the incentives report required under Section 13366 of the Water Code. The report shall be prepared under the direction of the San Diego Advisory Committee for Environmentally Superior Antifouling Paints. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.