BILL ANALYSIS                                                                                                                                                                                                    Ó


          |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

          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  
                      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.

           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  

          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.  
          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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