BILL REQ. #:  H-1299.2 

Read first time 02/02/11.   Referred to Committee on Environment.

     AN ACT Relating to limiting the use of certain antifouling paints; 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 antifouling paint active ingredients include multiple pesticides that leach from vessel hulls to prevent biofouling. Traditional antifouling paint contains copper-based compounds that are used as the primary pesticide. The legislature finds that copper-based compounds are acutely toxic to a wide variety of terrestrial and marine organisms and are a persistent contaminant with the potential for significant impacts on nontarget organisms. Therefore, 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) "Alternative antifouling paint" means a pesticide, adjuvant, solvent, resin, or pigment containing coating or compound applied to the submerged portion of a recreational water vessel's hull to prevent growth of marine organisms. Alternative antifouling paints must use active ingredients other than copper-based pesticides to control biofouling.
     (2) "Antifouling paint" means a pesticide, adjuvant, solvent, resin, or pigment containing copper coating or a copper-based compound applied to the submerged portion of a recreational water vessel's hull to prevent growth of marine organisms.
     (3) "Department" means the department of ecology.
     (4) "Recreational water vessel" means a watercraft intended for use on the water for recreational purposes that is sixty-five feet in length or less and includes chartered recreational watercraft.

NEW SECTION.  Sec. 3   Beginning January 1, 2017, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale in this state any new recreational water vessel with antifouling paint containing copper.

NEW SECTION.  Sec. 4   Beginning January 1, 2027, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale in this state any new or used recreational water vessel with antifouling paint containing copper.

NEW SECTION.  Sec. 5   (1) The department shall enforce the requirements of this chapter.
     (2) Enforcement of this chapter by the department must rely on notification and information exchange between the department and manufacturers, wholesalers, retailers, and distributors of recreational water vessels. The department shall issue one warning letter by certified mail to a manufacturer, wholesaler, distributor, or retailer that sells or offers for sale a recreational water vessel with antifouling paint in violation of this chapter. The department shall offer information or other appropriate assistance regarding compliance with this chapter. Once a warning letter has been issued to a manufacturer, wholesaler, retailer, or distributor for violations under subsection (3) of this section, the department need not provide warning letters for subsequent violations by that manufacturer, wholesaler, retailer, or distributor. If compliance is not achieved, the department may assess penalties under this section.
     (3) A recreational water vessel manufacturer, wholesaler, retailer, or distributor that violates this chapter is subject to a civil penalty not to exceed ten thousand dollars for each violation.
     (4)(a) A recreational water vessel manufacturer, wholesaler, retailer, or distributor that violates this chapter must notify the registered owner of the recreational water vessel, if any, within six months of knowledge of the violation and must replace at no cost to the owner the noncompliant antifouling paint with an alternative antifouling paint that complies with this chapter.
     (b) A recreational water vessel manufacturer, wholesaler, retailer, or distributor that fails to provide the required notification under (a) of this subsection within six months of knowledge of the violation is subject to a civil penalty not to exceed one hundred thousand dollars.
     (c) A recreational water vessel manufacturer, wholesaler, retailer, or distributor that fails to provide the required notification under (a) of this subsection after twelve months of knowledge of the violation is subject to a civil penalty not to exceed ten thousand dollars per recreational water vessel.
     (5) Before the effective date of the prohibitions in sections 3 and 4 of this act, the department shall prepare and distribute information about the prohibitions to manufacturers, wholesalers, retailers, and distributors to the maximum extent practicable.
     (6) All penalties collected under this chapter must be deposited in the state toxics control account created in RCW 70.l05D.070.

NEW SECTION.  Sec. 6   (1) On January 1, 2017, the department shall establish the antifouling paint review panel. The department may determine the membership of the antifouling paint review panel.
     (2) The antifouling paint review panel shall review available scientific studies and other relevant information to determine how antifouling paints and alternative antifouling paints are affecting marine organisms and water quality. The department shall report its findings to the legislature by December 31, 2017.

NEW SECTION.  Sec. 7   The department may adopt rules necessary to implement this chapter.

NEW SECTION.  Sec. 8   Sections 1 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.