BILL REQ. #:  S-1431.1 

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; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that copper used in antifouling boat bottom paints are slowly released into the water by waterborne vessels and contribute to both water and sediment pollution.
     (2) The legislature finds that contamination from boat bottom paints containing copper is a significant contributor to water pollution going into Puget Sound and other waters of the state.
     (3) The legislature recognizes that aquatic antifouling paints are used on vessel hulls to prevent the growth of aquatic organisms, such as barnacles and algae. Most antifouling paints use copper or other toxic materials to prevent the growth of aquatic organisms. Boat bottom paints containing copper or other toxic substances may have unintended lethal effects on other aquatic organisms, including salmon.
     (4) The legislature recognizes that Washington's marine and fresh waters are home to thousands of recreational vessels that are unintentionally contributing to water pollution. Therefore, the legislature intends to phase out the use of copper paints in hull coatings used on recreational vessels and encourage the use of nontoxic alternatives.

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)(a) "Recreational water vessel" means any vessel that is (i) manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered to 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   After January 1, 2017, 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, 2020, no antifouling paint containing more than 0.5 percent of copper may be offered for sale in Washington state.

NEW SECTION.  Sec. 5   (1) By January 1, 2017, the department must survey the manufacturers of boat paint sold or offered for sale in Washington state to determine the types of antifouling boat paints that are available for sale or offered for sale in Washington state.
     (2) By January 1, 2018, the department must present the findings to the appropriate committees of the legislature.

NEW SECTION.  Sec. 6   The department, in consultation and cooperation with other state natural resources agencies, must increase education 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. 7   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.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW.