SSB 5436 -
By Committee on Environment
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature intends to phase out the
use of copper-based antifouling paints used on recreational water
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology.
(3)(a) "Recreational water vessel" means any vessel that is no more than sixty-five feet in length and is: (i) Manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered by a person for the pleasure of that person.
(b) "Recreational water vessel" does not include a vessel that is subject to United States coast guard inspection and that: (i) Is engaged in commercial use; or (ii) carries paying passengers.
NEW SECTION. Sec. 3 (1) Beginning January 1, 2018, no
manufacturer, wholesaler, retailer, or distributor may sell or offer
for sale in this state any new recreational water vessel manufactured
on or after January 1, 2018, with antifouling paint containing copper.
(2) Beginning January 1, 2020, no antifouling paint that is intended for use on a recreational water vessel and that contains more than 0.5 percent copper may be offered for sale in this state.
(3) Beginning January 1, 2020, no antifouling paint containing more than 0.5 percent copper may be applied to a recreational water vessel in this state.
NEW SECTION. Sec. 4 The department, in consultation and
cooperation with other state natural resources agencies, must increase
educational efforts regarding recreational water vessel hull cleaning
to reduce the spread of invasive species. This effort must include a
review of best practices that consider the type of antifouling paint
used and recommendations regarding appropriate hull cleaning that
includes in-water methods.
NEW SECTION. Sec. 5 (1) The department shall enforce the
requirements of this chapter.
(2)(a) A person or entity that violates this chapter is subject to a civil penalty. The department may assess and collect a civil penalty of up to ten thousand dollars per day per violation.
(b) All penalties collected by the department under this chapter must be deposited in the state toxics control account created in RCW 70.105D.070.
NEW SECTION. Sec. 6 (1) On or after January 1, 2016, the
director may establish and maintain a statewide advisory committee to
assist the department in implementing the requirements of this chapter.
(2)(a) By January 1, 2017, the department shall survey the manufacturers of antifouling paints sold or offered for sale in this state to determine the types of antifouling paints that are available in this state. The department shall also study how antifouling paints affect marine organisms and water quality. The department shall report its findings to the legislature, consistent with RCW 43.01.036, by December 31, 2017.
(b) If the statewide advisory committee authorized under subsection (1) of this section is established by the director, the department may consult with the statewide advisory committee to prepare the report required under (a) of this subsection.
NEW SECTION. Sec. 7 The department may adopt rules as necessary
to implement this chapter.
NEW SECTION. Sec. 8 Sections 2 through 7 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 9 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected."
Correct the title.
EFFECT: Modifies the intent section;
Modifies the definition of "recreational water vessel;"
Changes the date of the prohibition concerning selling a new recreational water vessel with antifouling paint containing copper (from January 2, 2017, to January 1, 2018) and specifies that the prohibition applies to recreational water vessels manufactured on or after January 1, 2018;
Modifies the prohibition on the sale of antifouling paint containing more than 0.5 percent copper by specifying that the prohibition applies to paint intended for use on a recreational water vessel;
Prohibits the application of antifouling paint containing more than 0.5 percent copper on a recreational water vessel beginning January 1, 2020;
Specifies that the department of ecology (DOE) is responsible for enforcing the requirements of the chapter, including collecting civil penalties;
Requires civil penalties collected by the DOE to be deposited in the state toxics control account;
Permits the DOE to establish a statewide advisory committee to assist the DOE in implementing the requirements of the bill and assist with the DOE's report to the legislature;
Modifies the requirements of the DOE's report to the legislature by requiring the DOE to study how antifouling paints affect marine organisms and water quality (in addition to the requirement to survey the manufacturers of antifouling paint);
Permits the DOE to adopt rules necessary to implement the requirements of the bill; and
Adds a severability clause.