BILL NUMBER: SB 623	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 18, 2011

    An act to add Article 2.7 (commencing with Section 756)
to Chapter 5 of Division 3 of the Harbors and Navigation Code,
relating to vessels.   An act to add Chapter 8
(commencing with Section 117140) to Part 12 of Division 104 of the
Health and Safety Code, relating to public health. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 623, as amended, Kehoe. Vessels: marine antifouling paint.
   Under existing law, the Department of Boating and Waterways
regulates the operation and equipment of vessels. The Director of
Boating and Waterways administers the department.  Existing law
regulates various substances in products, like lead, copper, and
mercury, that can lead to public health issues when introduced into
the environment. 
   This bill  would require the Department of Pesticide
Regulation, by January 1, 2014, to determine the maximum allowable
leach rate for low-leach rate antifouling paints. The bill 
would prohibit, on and after January 1, 2015, a manufacturer,
wholesaler, retailer, or distributor from selling or offering for
sale in California a new recreational vessel, as defined, containing
antifouling paint that contains copper. The bill also would prohibit,
on and after January 1,  2019   2015  ,
the use or application of antifouling paint that contains copper on
recreational vessels, except as provided.  The bill would require
the State Water Resources Control board, by January 1, 2019, and
biennially thereafter, to determine whether the use of low-leach rate
copper-containing antifouling paints could result in the attainment
of wate   r quality objectives in marinas and harbors for
dissolved copper. The bill would, on of after January 1, 2019,
prohibit the use or application of antifouling paint on recreational
vessels one year after a determination by the State Water Resources
Control Board that the trend line of measured water  
quality data does not point toward attainment of the dissolved copper
water quality objectives in marinas and harbors.  
    This bill would require an owner or a master of a transient
vessel, as defined, to submit to the manufacturer, wholesaler,
retailer, distributor, boatyard, or other vessel repair facility, and
to the marina or similar mooring facility at the time of service or
the onset of temporary residency a transient vessel affidavit
certifying under the penalty of perjury that the vessel qualifies as
a transient vessel. A person who knowingly submits a false affidavit
is liable for an unspecified penalty. Because a person who submits a
false affidavit has committed the crime of perjury, this bill would
create a new crime, thereby imposing a state-mandated local program.
The bill would require a transient vessel that no longer qualifies as
a transient vessel to be hauled and to remove all antifouling
paints. A person who fails to remove the antifouling paints is liable
for an unspecified amount.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Marine antifouling paints are used on vessel hulls to prevent
the growth of aquatic organisms, such as barnacles and algae. Most
antifouling paints use copper to prevent the growth of aquatic
organisms. Copper-containing marine antifouling paints are a source
of copper releases in marinas within California estuaries and along
shorelines.
   (b) Copper is toxic to many aquatic organisms and plants. 
It accumulates in water, sediments, and marine plants and animals
and can impact   Its   concentration in water
and sediments can increase to the point of impacting  the food
web in the marine environment by eliminating certain species. Copper
is one of the metals listed in the federal Clean Water Act (33 U.S.C.
Sec. 1251 et seq.) that the state is required to regulate. Numerous
bays and harbors throughout California have water quality impairments
due to copper, as referenced by the California 2008-2010 303(d) list
of impaired water bodies. As such, measures must be taken to reduce
impacts on aquatic environments by reducing copper loads in these
areas. 
   (c) Best management practices relative to in-water hull cleaning
of recreational vessels can help to minimize biocide input and
invasive species transport in state waters.  
   (c) 
    (d)  Boating is an important part of the economic and
social fabric of California. California has approximately 800,000
recreational boats and more than three million people who participate
in recreational boating annually. These boaters contribute $1.2
billion to the state's Gross State Product and have a direct impact
on over 24,000 jobs with labor income of $750 million. Any policy
affecting boating must ensure that boating continues to be a vigorous
part of California life. Therefore, it is the intent of the
Legislature that any policy relating to the application or use of
paints on vessel hulls be structured in a manner that protects these
values. 
   (d) 
    (e)  Due to the inherent conflict between the need for
an antifouling paint that effectively controls the growth of aquatic
organisms on vessel hulls and the federal requirements under the
federal Clean Water Act to protect aquatic environments from
pollution, it is the intent of the Legislature to promote the use of
nonbiocide  alternative  paints in order to balance
the needs of these conflicting interests. 
  SEC. 2.    Article 2.7 (commencing with Section
756) is added to Chapter 5 of Division 3 of the Harbors and
Navigation Code, to read:

      Article 2.7.  Marine Antifouling Paint


   756.  For purposes of this article, the following definitions
shall apply:
   (a) "Alternative paint" means paint that does not contain any
biocide compounds. Alternative paint acts to protect the integrity of
a vessel's hull by creating a hard barrier or by creating a slick
finish to aid in foul-release properties.
   (b) "Antifouling paint" means paint for a vessel's hull containing
compounds to prohibit the attachment and growth of aquatic life.
   (c) (1) "Recreational vessel" means a vessel that is either of the
following:
   (A) Manufactured or used primarily for pleasure.
   (B) Leased, rented, or chartered to a person for the pleasure of
that person.
   (2) "Recreational vessel" does not include a vessel that is
subject to United States Coast Guard inspection and that is engaged
in commercial use or carries paying passengers.
   757.  On and after January 1, 2015, a manufacturer, wholesaler,
retailer, or distributor shall not sell or offer for sale in
California, any new recreational vessel containing antifouling paint
that contains copper.
   758.  (a) Except as provided in subdivision (b), on and after
January 1, 2019, it shall be unlawful to use on or apply to a
recreational vessel antifouling paint containing copper.
   (b) If the director finds that there are no effective, available,
and affordable alternative paints available by January 1, 2019,
taking into account durability, lifespan, and cleaning, the
prohibition on the use or application of antifouling paint containing
copper on a recreational vessel shall instead be operative on and
after January 1, 2020 and the director shall publish this finding and
notice of the delayed operation of the prohibition on the department'
s Internet Web site. 
   SEC. 2.    Chapter 8 (commencing with Section 117140)
is added to Part 12 of Division 104 of the   Health and
Safety Code   , to read: 
      CHAPTER 8.  MARINE FOULING PAINT


   117140.  For the purposes of this chapter, the following
definitions shall apply:
   (a) "Antifouling paint" means paint for a vessel's hull that is a
type of pesticide containing registered active ingredients, biocides,
or zinc compounds to prohibit the attachment and growth of aquatic
life.
   (b) "Low-leach rate copper antifouling paint" means a
copper-containing antifouling paint that has a maximum leach rate to
be established by January 1, 2014, by the Department of Pesticide
Regulation.
   (c) (1) "Recreational vessel" means a vessel that is either of the
following:
   (A) Manufactured or used primarily for pleasure.
   (B) Leased, rented, or chartered to a person for the pleasure of
that person.
   (2) "Recreational vessel" does not include either of the
following:
   (A) A vessel that is subject to United States Coast Guard
inspection and that is engaged in commercial use or carries paying
passengers.
   (B) A transient vessel.
   (d) "Transient vessel" means a vessel, recreational or otherwise,
that is not or will not be located in the territorial waters of this
state in excess of six months in any rolling 12-month period, except
if the vessel is undergoing repair, retrofit, or modification by a
manufacturer, wholesaler, retailer, distributor, boatyard, or other
vessel repair facility and under the exclusive control of those
entities.
   (e) "Transient vessel affidavit" means the affidavit tendered by a
vessel owner or the vessel master that certifies in writing under
penalty of perjury to the manufacturer, wholesaler, retailer,
distributor, boatyard, or other vessel repair facility, that the
vessel will not be located in the territorial waters of this state in
excess of six months in any rolling 12-month period, except if the
vessel is undergoing repair, retrofit, or modification by a
manufacturer, wholesaler, retailer, distributor, boatyard, or other
vessel repair facility and under the exclusive control of those
entities.
   117141.  A vessel owner or vessel master of a transient vessel
shall submit a transient vessel affidavit to the manufacturer,
wholesaler, retailer, distributor, boatyard, or other vessel repair
facility and to the marina or similar mooring facility at the time of
service or the onset of temporary residency.
   117142.  (a) If a transient vessel ceases to be a transient
vessel, then within 90 days thereafter, the vessel shall be hauled
and all antifouling paint shall be removed.
   (b) A vessel owner that submits, or whose vessel master submits, a
transient vessel affidavit knowing it to be false shall be liable
for a penalty of ($____).
   (c) A vessel owner that fails to remove antifouling paint within
90 days after the vessel ceases to be a transient vessel shall be
liable for a penalty of ($____), in addition to the requirement to
remove the antifouling paint.
   117143.  By January 1, 2014, the Department of Pesticide
Regulation shall determine the maximum allowable leach rate for
low-leach rate copper antifouling paints.
   117144.  On and after January 1, 2015, a manufacturer, wholesaler,
retailer, or distributor is prohibited from selling or offering for
sale in California, a new recreational vessel upon which has been
applied copper-containing antifouling paint that does not meet the
definition of low-leach rate copper antifouling paint.
   117145.  On and after January 1, 2015, it shall be unlawful to
apply to a recreational vessel antifouling paint containing copper
that does not meet the definition of low-leach rate copper
antifouling paint.
   117146.  (a) By January 1, 2019, and biennially thereafter, the
State Water Resources Control Board shall determine, through the
assessment of appropriate water quality data and modeling techniques,
whether the use of low-leach rate copper-containing antifouling
paints can result in the attainment of water quality objectives in
California marinas and harbors. Modeling shall demonstrate that the
trend line of the measured water quality data points toward
attainment of the dissolved copper water quality objectives and that
the water quality objectives will be met within five years from the
date of the assessment.
   (b) On or after January 1, 2019, if the State Water Resources
Control Board does not demonstrate that the trend line of the
measured water quality data points toward attainment of the dissolved
copper water quality objectives in California marinas and harbors,
then the use or application of antifouling paint on recreational
vessels shall be prohibited one year after the determination.
   117147.  No later than January 1, 2013, the Department of Boating
and Waterways shall convene an advisory committee to review existing
signage programs and other relevant sources of information to develop
a model signage program that lists prudent guidelines for in-water
hull cleaning of vessels. The advisory committee shall include
representatives from associations related to California harbors and
marinas, water quality, and recreational boaters with input from the
State Water Resources Control Board and the Department of Pesticide
Regulation. Signs may be used at the discretion of marina operators
and will encourage the use of proper hull cleaning methods and warn
about the dangers of contaminating the water with leaching from
antifouling paint. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.