BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 425|
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THIRD READING
Bill No: AB 425
Author: Atkins (D), et al.
Amended: 7/2/13 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 9-0, 6/19/13
AYES: Hill, Gaines, Calderon, Corbett, Fuller, Hancock,
Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rules 28.8
ASSEMBLY FLOOR : 73-0, 5/23/13 - See last page for vote
SUBJECT : Pesticides: copper-based antifouling paint: leach
rate
determination: mitigation measure recommendation
SOURCE : San Diego Unified Port District
DIGEST : This bill 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.
ANALYSIS :
Existing law:
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1. Under the Food and Agricultural Code, requires DPR to protect
the environment from environmentally harmful pesticides by
prohibiting, regulating, or ensuring proper stewardship of
those pesticides.
2. Under the Marine Invasive Species Act, imposes requirements
on the master, owner, operator, or person in charge of a
vessel, as defined, to minimize the uptake and release of
nonindigenous species, including the removal of hull fouling
organisms and cleaning of the ballast tanks regularly to
remove fouling organisms.
This bill requires, no later than February 1, 2014, 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.
Background
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
Environmental Protection Agency (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 California Toxic Rules (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
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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 total maximum daily loads (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
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.
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
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/12/13)
San Diego Unified Port District (source)
American Coatings Association
California Coastkeeper Alliance
California Paint Council
Recreational Boaters of California
San Diego Coastkeeper
San Diego Port Tenants Association
Sierra Club
ARGUMENTS IN SUPPORT : According to the author's office, this
bill follows previous work by the Legislature, SB 623 (Kehoe,
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 CTR by the US EPA. Water bodies
that exceed the CTR copper criterion are placed on EPA's 303d
list and a 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 individual Regional Water Quality Control Boards
establish their own regulations.
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.
ASSEMBLY FLOOR : 73-0, 5/23/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer, Levine,
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Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina,
Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Donnelly, Grove, Holden, Jones, Waldron,
Vacancy, Vacancy
RM:d 8/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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