BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 623|
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THIRD READING
Bill No: SB 623
Author: Kehoe (D)
Amended: 4/25/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 5/2/11
AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley
NOES: Blakeslee
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : 6-2, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Runner
NO VOTE RECORDED: Emmerson
SUBJECT : Vessels: marine antifouling paint
SOURCE : Port of San Diego
San Diego Coastkeepers
DIGEST : This bill prohibits, on and after January 1,
2015, as 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 prohibits, on and
after January 1, 2019, the use or application of
antifouling paint that contains copper on recreational
vessels, except as provided.
ANALYSIS :
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Existing law :
1. Under the federal Clean Water Act requires the state to
identify a list of impaired water bodies and develop and
implement Total Maximum Daily Loads for impaired water
bodies.
2. Under Title 40, Code of Federal Regulations Part 131,
establishes numeric aquatic life criteria for 23
priority toxic pollutants; numeric human health criteria
for 57 priority toxic pollutants; and a compliance
schedule provision which authorizes the state to issue
schedules of compliance for new or revised National
Pollutant Discharge Elimination System (NPDES) permit
limits.
3. Under California's Porter Cologne Water Quality Control
Act, regulates discharges of pollutants in stormwater
and urban runoff by regulating, through the NPDES
industrial discharges and discharges through the
municipal storm drain systems.
4. 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.
5. Food and Agricultural Code Section 11501 requires the
Department of Pesticide Regulation to protect the
environment from environmentally harmful pesticides by
prohibiting, regulating, or ensuring proper stewardship
of those pesticides.
6. Pursuant to Harbors and Navigation Code, grants the
Director of the Department of Boating and Waterways
specified responsibilities related to public access and
safety on California's waterways.
This bill:
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1. Defines "alternative paint" to mean 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.
2. Defines "antifouling paint" to mean paint for a vessel's
hull containing compounds to prohibit the attachment and
growth of aquatic life.
3. Defines "recreational vessel" to mean a vessel that is
either manufactured or used primarily for pleasure or
leased, rented, or chartered to a person for the
pleasure of that person. A recreational vessel is not a
vessel that is subject to United States Coast Guard
inspection and is engaged in commercial use or carries
paying passengers.
4. Prohibits, on or after January 1, 2015, a manufacturer,
wholesaler, retailer or distributor from selling or
offering for sale in California any new recreational
vessel containing antifouling paint that contains
copper.
5. Prohibits, on or after January 1, 2019, the use or
application of antifouling paint containing copper to
any recreational vessel.
6. Authorizes the Director of the Department of Boating and
Waterways, if the director determines that there are no
effective, available, and affordable alternative paints,
taking into account durability, lifespan, and cleaning,
available by January 1, 2019, to delay implementation of
this article by one year.
Previous legislation
SB 346 (Kehoe) Chapter 307, Statutes of 2010, establishes a
phase out of copper in automotive brake pads.
Other states . In Washington, SB 5436, initiated by the
Northwest Marine Trade Association, prohibits new boats
with copper-based bottom paint from being sold after
January 1, 2018. The sale of AFPs containing more than 0.5
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percent copper would be banned starting in 2020. The bill
would be enforced by the state Department of Ecology, and
boaters would face fines of up to $10,000 for violations.
This bill is on the Governor's desk.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Appropriation Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Developing regulations $300 Special*
Notifying retailer and $100 Special*
Manufacturers
Enforcement $300 Special*
*harbors and Watercraft Revolving Fund
According to the Senate Appropriations Committee, the
Department of boating and Waterways is authorized to
enforce the provisions of this bill. Staff estimates that
the Department will need two additional positions to adopt
regulations to implement this bill as well as additional
funds to notify retailers and manufacturers of the new
regulations. In addition, staff estimates the Department
will need two ongoing positions to enforce the requirements
of this bill.
SUPPORT : (Verified 5/26/11)
Port of San Diego (co-source)
San Diego Coastkeepers (co-source)
Apex Group
California Coastkeeper Alliance
Clean Water Action
E Paint
East Bay Municipal Utility District
Environmental Health Coalition
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Food and Water Watch
National Marine Fisheries Service
Orange County Coastkeeper
Sierra Club California
Support if Amended
California Association of Harbor Masters and Port Captains
California Marine Parks and Harbor Association
California Professional Divers Association
California Yacht Brokers Association
Marine Recreation Association
Northern California Marine
Western Boaters Safety Group
OPPOSITION : (Verified 5/26/11)
American Coatings Association
California Paint Council
Recreational Boaters of California
ARGUMENTS IN SUPPORT : According to the author's office,
this bill represents a significant and targeted step
forward in reducing copper in marine basins, while
recognizing the continued need for marine hull paints that
control fouling growth. It provides paint manufacturers
with a reasonable timeframe to research, develop, and
manufacture more alternative paints. It also provides
recreational boat owners a reasonable time to transition to
the alternative paints. This bill also will give local
jurisdictions facing regulatory water quality requirements
now and in the future the ability to demonstrate that they
are doing everything they can do to meet those requirements
related to copper. Finally, it will help remove a serious
threat to aquatic organisms in California waters to ensure
a healthy marine environment by making significant
improvements for the enjoyment of recreational boaters and
the public.
ARGUMENTS IN OPPOSITION : The opposition is generally
concerned about the uncertainty surrounding alternative
antifouling paints. It is important that alternatives are
not just available, but equivalent in performance. Also,
that the bill does not take into account the work being
done by the Department of Pesticide Regulation and the
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State Water Resources Control Board on this issue and there
are other methods and options that could be looked at to
reduce copper releases.
NOTE: The author's office is working with the opposition
groups, as well as the California Association of Harbor
Masters and Port Captains, California Marine Parks and
Harbors Association, Marina Recreation Association Northern
California Marina Association, California Yacht Brokers
Association, and the Western Boaters Safety Group who
indicate a support if amended position on the measure.
They indicate they support the general direction of this
bill, but believe the bill needs some amendments. The
author's office is continuing conversations with all groups
to address this complex issue.
DLW:do 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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