SENATE BILL REPORT

SB 6210

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 14, 2020

Title: An act relating to antifouling paints on recreational water vessels.

Brief Description: Concerning antifouling paints on recreational water vessels.

Sponsors: Senator Lovelett; by request of Department of Ecology.

Brief History:

Committee Activity: Environment, Energy & Technology: 1/14/20.

Brief Summary of Bill

  • Delays restrictions on copper-based anti-fouling paint use to January 1, 2026.

  • Bans the sale and application of antifouling paints containing Cybutryne/Irgarol for recreational vessels, beginning January 1, 2023.

  • Grants the Department of Ecology authority to request information from paint manufacturers, wholesalers, and retailers regarding products, product ingredients, and other relevant data.

SENATE COMMITTEE ON ENVIRONMENT, ENERGY & TECHNOLOGY

Staff: Greg Vogel (786-7413)

Background: Antifouling Paints. Fouling refers to the growth and colonization of aquatic organisms, such as algae and barnacles, on the surfaces of vessels and structures. Fouling reduces the performance of vessels by increasing drag, impairs maneuverability, and it can cause physical damage to vessels and structures. To prevent fouling, boat owners often use hull paints containing pesticides and other chemicals, referred to as biocides. Copper-based hull paints are the most commonly used antifouling paints.

Antifouling Paint Legislation. In 2011, the Legislature restricted antifouling paint use on recreational water vessels in Washington as follows:

The legislation also required the Department of Ecology (Ecology) to survey the types of antifouling paints sold in Washington, study how antifouling paints affect marine life and water quality, and report its findings to the Legislature by December 31, 2017.

In the 2017 report, Ecology recommended delaying the antifouling paint restrictions to allow time for further study, due to concerns some non-copper alternatives might be more harmful to the environment than the copper-based paints they replace.

In 2018, the Legislature delayed antifouling paint restrictions to 2021. The legislation also exempted wood boats from the restrictions and directed Ecology to submit a report to the Legislature by September 30, 2019 on the environmental impacts of antifouling paints and their ingredients; safer alternatives to antifouling paints or ingredients found in antifouling paints; and whether changes to the existing regulation of antifouling paints are needed.

In 2019, Ecology made the following recommendations:

Summary of Bill: The restrictions on the use of copper-based antifouling paint on recreational vessels are delayed to January 1, 2026.

New restrictions on the use of Cybutryne-based antifouling paint are established as follows:

A manufacturer, wholesaler, or retailer of antifouling paints or related substances may be required to submit a notice to Ecology containing the following information:

The notice must be provided to Ecology no later than six months after receipt of the request.

Appropriation: None.

Fiscal Note: Requested on January 8, 2020.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The department needs more time to implement the ban. There are some cost-effective alternatives to copper. Copper is especially dangerous, not only toxic, with olfactory effects on salmon. More significantly, copper does not break down and it bioaccumulates in marine organisms. Zinc and Econea are out there and being used. In Sweden, boaters uses non-biocides and boat washing.

There is acknowledgement for additional research and steps to be taken. Unlike California, Washington has an inland sea which has unique conditions regarding how pollutants enter and stay. Ecology believes the science is sufficiently developed on the environmental dangers of Cybutryne. Ecology needs information to learn what paint alternatives are safer and have less environmental impacts. While a leach rate seems like a solution, Ecology does not have information about how paint manufacturers are achieving leach rates and what chemicals are added to make copper leach out more slowly.

OTHER: It is premature to ban without a better alternative. The end date is arbitrary with no opportunity for review down the road. The work of Ecology is appreciated, and it is clear from their work that implementation of a ban on copper is premature. The five-year delay is not a complete solution, but there must be a bill passed this session. Copper is not banned anywhere else in the world. Ecology should do a study between now and 2026 to produce the best solution and a way forward.

Previous efforts were made in San Diego to come up with alternatives to copper. Nothing worked as well as copper. The industry has been able to reduce amounts of copper and have come up with a leach rate model that is best for everyone. It is believed that this is the best alternative for all stakeholders involved, whether it be marinas, boatyards, do-it-yourselfers, the port authority, or the state. It is the best alternative in terms of invasive species, greenhouse gases, fuel consumption, and limiting pollution.

Persons Testifying: PRO: Senator Liz Lovelett, Prime Sponsor; Mark Johnson, Washington Retail Association; Bruce Wishart, Puget Soundkeeper; Darcy Nonemaker, Washington Environmental Council; Kimberly Goetz, Department of Ecology. OTHER: Peter Godlewski , Association of Washington Business; Peter Schrappen, Northwest Marine Trade Association; Tony Bulpin, Seahawk Paints; Jim Brown, Monkey Fist Marine; Neal Blossom, American Chemet and American Chemistry Council.

Persons Signed In To Testify But Not Testifying: No one.