BILL ANALYSIS Ó
AB 425
Page 1
ASSEMBLY THIRD READING
AB 425 (Atkins)
As Amended April 9, 2013
Majority vote
ENVIRONMENTAL SAFETY 6-0
APPROPRIATIONS 16-0
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Harkey, Bigelow, |
| |Chesbro, Stone, Ting | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, Eggman, |
| | | |Gomez, Hall, Rendon, |
| | | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires, no later than February 1, 2014, the
Department of Pesticide Regulation (DPR) to determine a leach
rate for copper-based antifouling paint used on recreational
vessels and make recommendations for appropriate mitigation
measures to address the protection of aquatic environments from
the effects of exposure to that paint.
FISCAL EFFECT : According to the Assembly Appropriations
Committee this bill would result in no additional costs to DPR
in as much as this activity is currently underway.
COMMENTS :
Need for the bill : According to the author's office, "AB 425
follows previous work by the Legislature, SB 623 (Kehoe),
introduced in 2011 but suspended in 2012 pending the results of
state and federal studies that would help address the growing
problem of toxic copper pollution in our state's waterways.
Dissolved copper concentrations in multiple water bodies exceed
the copper criterion established in the California Toxics Rule
(CTR) by the United States Environmental Protection Agency
(EPA). Water bodies that exceed the CTR copper criterion are
placed on EPA's 303d list and a Total Maximum Daily Load (TMDL)
is developed for these water bodies. Copper pollution from
copper antifouling paints is a statewide problem; therefore,
statewide legislation is appropriate rather than having
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individual Regional Water Quality Control Boards establish their
own regulations."
Environmental impacts of copper : Copper loading in the marine
environment comes from two major antifouling coating sources:
1) the passive leaching of copper from the coatings; and 2) hull
cleaning of the vessels by divers using abrasive tools. In
recent years, copper used as an antifoulant has been found to
have negative environmental impacts. Copper is highly toxic in
aquatic environments and has effects in fish, invertebrates, and
amphibians, with all three groups equally sensitive to chronic
toxicity. Copper will bioconcentrate in many different organs
in fish and mollusks.
Regulation of copper in the marine environment : Pollutant
concentrations in surface waters and pollutant discharges are
regulated by the state water agencies and by the United States
(US) EPA under the Clean Water Act (CWA). In 2000, US EPA found
that California's water quality standards did not meet the
requirements of the CWA, and subsequently promulgated federal
numeric water quality criteria for priority toxic pollutants for
inland surface waters and enclosed bays and estuaries in
California. This regulation is known as the CTR. These water
quality criteria became the approved water quality criteria for
toxic pollutants for all purposes and programs under the CWA (40
Code of Federal Regulations 131.38). Copper routinely exceeds
the CTR criteria and there is a growing concern over the water
quality impacts of copper.
Since antifouling boat paints are considered to be biocides,
they are regulated by pesticide agencies. In California, DPR
regulates the use of antifouling coatings.
Copper in California water bodies : According to the State Water
Resources Control Board, there are currently 84 water bodies
throughout the state listed on the CWA 303(d) list as "impaired"
water bodies due to copper concentrations. Thirteen of those
water bodies have established TMDLs addressing copper
concentrations, primarily in the Los Angeles area.
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
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can be a significant source of copper in marina waters; copper
concentrations in many salt and brackish water marinas exceeded
the CTR chronic water quality standard for copper; the use of
copper antifouling paints contributes to this exceedance; and
copper antifouling paint pollution is a multi-regional issue in
California. This reevaluation is ongoing and there is no
targeted finalization date.
According to the author, the intent of this bill is to, "Provide
the impetus to complete the scientific analyses needed to
formulate sound environmental policy that protects our water
quality and marine life in a way that is least burdensome to
recreational boat owners."
Alternatives to copper antifouling paint : According to US EPA,
to find and promote the use of safer alternatives to copper
antifouling coatings on marine vessels, US EPA awarded the San
Diego Unified Port District with $190,000 in grant funding to
test a variety of new non-copper hull paints in San Diego. The
project occurred from January 2008 through December 2010. Some
of the newly tested paints were, like copper, biocides such as
zinc and organic biocide paints. Alternative biocides have
unknown environmental and health effects, but it is likely that
the buildup of zinc would also cause negative impacts to the
aquatic environment. Non-biocide coatings were also tested.
These were found to cause no harm to marine life or their
aquatic environment, nor did they put human health at risk.
In addition to their environmentally-friendly qualities, the
preferred non-biocide paints demonstrated cost-effectiveness due
to their longevity (15+ years) and cleaning frequency similar to
copper-based paints. Non-biocide coatings show particular
promise due their ability to provide anti-fouling protection
while ensuring the well-being of aquatic life and human health.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000572
AB 425
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