Marine resources: copper-based antifouling paint: standards, studies, and best methods., the official text

An act to add Chapter 9 (commencing with Section 36996) to Division 27 of the Public Resources Code, relating to marine resources.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Ocean Resources Stewardship Act of 2000, finds that it is the policy of the state to, among other things, ensure adequate coordination of ocean resources management science among state, regional, and federal agencies and marine science institutions, as provided.
This bill would require, on or before January 1, 2028, the Department of Pesticide Regulation to complete a reevaluation of copper-based antifouling boat paint products, and to make the determination to retain, modify, or suspend its standards or to place new appropriate standards on the chemical composition or use of copper-based antifouling paints. The bill would require, on or before June 1, 2027, the California Environmental Protection Agency, the State Water Resources Control Board, regional water control boards, and the Department of Pesticide Regulation to collaborate on active studies related to the effectiveness of low-leach-rate paint and elevated copper concentrations in saltwater harbors, bays, and marinas that are primarily a result of the use of copper-based antifouling paint, and would require the Department of Pesticide Regulation to finish and release these studies. The bill would require, on or before January 1, 2028, the California Environmental Protection Agency, the State Resources Control Board, and the Department of Pesticide Regulation to collaborate to determine the best methods to address elevated copper concentrations in saltwater harbors, bays, and marinas that are primarily a result of the use of this paint in the state. The bill would require, on or before January 1, 2028, the California Environmental Protection Agency to post on its internet website these best methods.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 9 (commencing with Section 36996) is added to Division 27 of the Public Resources Code, to read:
9.
Copper-Based Antifouling Paint36996.
(a) The Legislature finds and declares both of the following:
(1) The Department of Pesticide Regulation has been conducting studies for several years on the amount of dissolved copper, which is found in antifouling paint, that is discharged into California’s harbors, and the State Water Resources Control Board, regional water quality control boards, and the Department of Pesticide Regulation have issued regulations in an attempt to reduce the amount of dissolved copper that is discharged.
(2) The requirements of this section are necessary in order to better coordinate the multiple jurisdictions with interests in, and regulatory authority over, the issue described in paragraph (1).
(b) On or before January 1, 2028, the Department of Pesticide Regulation shall complete a reevaluation of copper-based antifouling boat paint products, and shall make the determination to retain, modify, or suspend its standards or to place new appropriate standards on the chemical composition or use of copper-based antifouling paint.
(c) On or before June 1, 2027, the California Environmental Protection Agency, the State Water Resources Control Board, regional water quality control boards, and the Department of Pesticide Regulation shall collaborate on, and the Department of Pesticide Regulation shall finish and release, any active studies related to the effectiveness of low-leach-rate paint and elevated copper concentrations in saltwater harbors, bays, and marinas that are primarily a result of the use of copper-based antifouling paint within the state.
(d) On or before January 1, 2028, the California Environmental Protection Agency, the State Water Resources Control Board, and the Department of Pesticide Regulation shall collaborate to determine the best methods to address elevated copper concentrations in saltwater harbors, bays, and marinas that are primarily a result of the use of copper-based antifouling paint within the state.
(e) On or before January 1, 2028, the California Environmental Protection Agency shall post on its internet website the best methods to address elevated copper concentrations in saltwater harbors, bays, and marinas that are primarily a result of the use of copper-based antifouling paint, as determined by the collaborative process described in subdivision (d). The best methods may include, but are not limited to, guidelines for compliance and public workshops.