SENATE BILL REPORT

SB 5436

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.

Background: 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.

According to a 2007 study, the Department of Ecology has conducted research measuring copper concentrations in marinas and found the primary source of copper to be from the antifouling paints found on boat hulls. Research has shown copper to be highly toxic to aquatic life.

Summary of Bill (Recommended Substitute): Recreational water vessels are defined as a vessel that is used primarily for pleasure or leased, rented, or chartered to a person for the pleasure of that person. It does not include a vessel that is subject to the United States Coast Guard inspection and engaged in commercial use or carries paying passengers.

After January 1, 2017, new recreational water vessels with antifouling paint containing copper may not be sold in the state. After January 1, 2020, no antifouling paint containing more than 0.5 percent copper may be sold in Washington.

By January 1, 2017, DOE must survey the manufacturers of boat paints sold or offered for sale in Washington to determine the types of antifouling boat paints available, and then present the findings of the survey to the Legislature by January 1, 2018.

In consultation and cooperation with others, DOE must increase education efforts regarding recreational water vessel hull cleaning to reduce the spread of invasive species.

A civil fine is set for up to $10,000 per day per violation.

EFFECT OF CHANGES MADE BY NATURAL RESOURCES & MARINE WATERS COMMITTEE (Recommended Substitute):

Redefines recreational water vessel to mean any vessel that is manufactured or used primarily for pleasure or leased, rented, or chartered to a person for the pleasure of that person. It does not include a vessel that is subject to United States Coast Guard inspection and that is engaged in commercial use or carries paying passengers.
Moves the date from January 1, 2013, to January 1, 2017, for prohibiting the sale of new boats with antifouling paint containing copper.
Removes the provision prohibiting resale of boats with antifouling paint containing copper.
Requires DOE by January 1, 2017, to survey the manufacturers of boat paints sold or offered for sale in Washington to determine the types of antifouling boat paints available for sale; and requires DOE to present the findings of the survey to the Legislature by January 1, 2018.
Requires DOE, in consultation and cooperation with others, to increase education efforts regarding recreational water vessel hull cleaning to reduce the spread of invasive species.
Removes the violation relating to falsifying certification and DOE's rulemaking requirement.

Staff Summary of Public Testimony on Original Bill: PRO: Copper is a very significant toxicant for many aquatic species, including salmon. The Department of Ecology estimates that copper bottom paint represents about 10 percent of overall loading of copper in Puget Sound, which is concentrated in the marinas. The state has a program that will phase out copper in brake pads; it is now time to do the same with copper paint on boats. There are alternative paints and products available now that are effective and affordable. The timeframe for the phase out should take into account that even after the paint is banned, there will be several years delay before the vast majority of recreational vessels are using nontoxic paint. Boatyards are closing because of copper contamination; this bill is vitally important to our industry.

CON: We understand the need to protect the state's waters; in fact, it is our position that banning effective antifouling coatings containing copper may create a risk by increasing the potential for invasive species in the waters. Currently, there is no evidence that the copper levels resulting from boat hull coatings present any real harm to the fisheries in Washington. The studies to date show there are no high levels of copper found in the waters where salmon travel, as the problem exists in marinas. The greater risk is allowing an invasive species into the waters and spending millions of dollars to eradicate it. It is our recommendation that further studies are conducted before any final decision is made to ban an effective antifouling coating.

OTHER: There are amendments that we would like to offer to change the definition of recreational vessel to be consistent with the federal Clean Boating Act of 2008. The definition should include boats 65 feet or less. A three-year timeframe from January 1, 2012, to January 1, 2015, is sufficient time for the paint industry to adapt. There are already boatyards that are copper free.

Persons Testifying: PRO: George Harris, Northwest Marine Trade Association (NMTA); Michael Grayum, Puget Sound Partnership; Bridget Moran, Department of Natural Resources; Bruce Wishart, People for Puget Sound; Jim Brown, NMTA, YachtCare.

CON: Neal Blossom, American Coatings Association, American Chemet Corporation.

OTHER: Don Seeberger, DOE.