BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 425
                                                                  Page  1

          Date of Hearing:   May 15, 2013

                                  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:              


          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.  


           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  

           2)Background.   Recreational boat owners often use antifouling  
            paints on the hulls of vessels to prevent marine organisms  


                                                                  AB 425
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            (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  

            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)