BILL ANALYSIS Ó AB 425 Page 1 Date of Hearing: May 15, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 425 (Atkins) - As Amended: April 9, 2013 Policy Committee: Environmental Safety and Toxic Materials Vote: 6-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires the Department of Pesticide Regulation (DPR), by February 1, 2014, to determine a leach rate for copper-based antifouling paint used on recreational vehicles. This bill also requires DPR to make recommendations for appropriate mitigation measures to address the protection of aquatic environments from the effects of exposure to this paint. FISCAL EFFECT No additional costs to DPR. This activity is currently underway. COMMENTS 1)Purpose. The intent of this bill is to provide the impetus to complete the scientific analyses needed to formulate sound environmental policy that protects water quality and marine life in manner least burdensome to recreational boat owners. In 2010, DPR issued a decision to reevaluate all registered copper hull paint products because its 2009 statewide study, "Monitoring for Indicators of Antifouling Paint Pollution in California Marinas," indicated that copper antifouling paints are a significant source of copper in marina waters. This reevaluation is ongoing and there is no targeted finalization date. 2)Background. Recreational boat owners often use antifouling paints on the hulls of vessels to prevent marine organisms AB 425 Page 2 (such as barnacles) from attaching to the hull. Copper is a commonly used ingredient in these antifouling paints, since it inhibits growth on the hull. In many of the state's coastal marinas, copper in the water is present at levels that degrade overall water quality. Research indicates that copper from antifouling paint is a significant contributor to these copper levels. Copper concentrations in many salt and brackish water marinas exceeded the federal safe concentration levels. Copper is highly toxic in aquatic environments and affects fish, invertebrates, and amphibians. The State Water Resources Control Board lists 84 water bodies throughout the state as impaired due to copper concentrations. 3)Previous legislation. SB 623 (Kehoe, 2011) would have restricted the use of copper antifouling paint on recreational vehicles. This bill passed out of the Assembly Environmental Safety Committee but was amended in a different policy area. Analysis Prepared by : Jennifer Galehouse / APPR. / (916) 319-2081