62nd Legislature
2011 Regular Session

Passed by the Senate April 18, 2011
  YEAS 38   NAYS 10

President of the Senate
Passed by the House April 6, 2011
  YEAS 62   NAYS 32

Speaker of the House of Representatives


I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5436 as passed by the Senate and the House of Representatives on the dates hereon set forth.


Governor of the State of Washington

Secretary of State
State of Washington




Passed Legislature - 2011 Regular Session
State of Washington62nd Legislature2011 Regular Session

By Senate Natural Resources & Marine Waters (originally sponsored by Senators Ranker, Shin, Litzow, Swecker, Tom, Harper, Nelson, Hobbs, Fraser, Rockefeller, White, Kilmer, Conway, and Kline)

READ FIRST TIME 02/15/11.   

     AN ACT Relating to the use of antifouling paints on recreational water vessels; adding a new chapter to Title 70 RCW; creating a new section; and prescribing penalties.


NEW SECTION.  Sec. 1   The legislature intends to phase out the use of copper-based antifouling paints used on recreational water vessels.

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 70 RCW.

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.

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