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 ----------------------------------------------------------------- |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 | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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 AB 425 Page 2 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 AB 425 Page 3 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 Page 4