BILL REQ. #: S-0888.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/25/11. Referred to Committee on Natural Resources & Marine Waters.
AN ACT Relating to reducing copper in antifouling paints used on recreational water vessels; adding a new chapter to Title 70 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that aquatic
antifouling paints are used on water vessel hulls to prevent the growth
of aquatic organisms such as barnacles and algae. Most of these
antifouling paints use copper to reduce the growth. Copper is very
toxic to many aquatic organisms, including salmon. Copper leaches out
of bottom paints from waterborne vessels and when the vessel hull is
cleaned or repainted. Washington's marine and freshwaters are home to
thousands of recreational water vessels. Therefore, the legislature
intends to phase out the use of copper paint in hull coatings 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) "Recreational water vessel" means every description of
watercraft on the water, other than a seaplane, used or capable of
being used as a means of transportation on the water that is: Operated
solely for pleasure and not for monetary gain; or leased, rented, or
chartered to another for operation for pleasure and not for monetary
gain.
(2) "Department" means the department of ecology.
NEW SECTION. Sec. 3 After January 1, 2013, no manufacturer,
wholesaler, retailer, or distributor may sell or offer for sale in
Washington state any new recreational water vessel with antifouling
paint containing copper.
NEW SECTION. Sec. 4 After January 1, 2018, no person may sell or
offer for sale in Washington state any recreational water vessel unless
it has been stripped of antifouling paint containing copper or sealed
to prevent the leaching of antifouling paint containing copper.
NEW SECTION. Sec. 5 After January 1, 2020, no antifouling paint
containing more than 0.5 percent of copper may be offered for sale in
Washington state.
NEW SECTION. Sec. 6 The department must monitor and certify
compliance with the requirements of this chapter.
NEW SECTION. Sec. 7 (1) A person or entity found to be in
violation of this chapter is subject to a civil fine of up to ten
thousand dollars per day per violation.
(2) A violation of this chapter includes falsifying certification
of compliance with this chapter.
NEW SECTION. Sec. 8 The department must enforce this chapter and
may adopt rules necessary to implement this chapter.
NEW SECTION. Sec. 9 Sections 1 through 8 of this act constitute
a new chapter in Title