Bill Text: CA SB623 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public health: health workforce projects.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-22 - Chaptered by Secretary of State. Chapter 450, Statutes of 2012. [SB623 Detail]

Download: California-2011-SB623-Introduced.html
BILL NUMBER: SB 623	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        FEBRUARY 18, 2011

   An act to add Chapter 8 (commencing with Section 117140) to Part
12 of Division 104 of the Health and Safety Code, relating to public
health.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 623, as introduced, Kehoe. Copper in marine paint.
   Existing law regulates various substances in products, like lead,
copper, and mercury, that can lead to public health issues when
introduced into the environment.
   This bill, on and after January 1, 2015, would make it unlawful to
manufacture, sell, or distribute in commerce in California marine
antifouling paints that contain copper. The bill would require
manufacturers to use the least toxic alternative when replacing the
copper in marine antifouling paint.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Copper is toxic to many aquatic organisms and plants. It
accumulates in water, sediments, and marine plants and animals and
can impact the food web in the marine environment by eliminating
certain species. It particularly builds up in areas like marina
basins that do not flush well.
   (b) Copper-containing marine antifouling paints used to control
fouling growth on boat hulls are a significant source of copper
releases in marinas within California estuaries and along shorelines.
For example, a major source of copper in the San Diego Bay is from
the use of copper-containing marine antifouling paints.
   (c) Limits on the copper content of marine antifouling paints are
essential for California cities, counties, and industries to comply
with water quality standards and copper total maximum daily loads
(TMDL) in California's estuaries as required by the federal Clean
Water Act (33 U.S.C. Sec. 1251 et seq.). For instance, limiting
copper antifouling paint is a critical part of the TMDL Basin Plan
Amendment for the Shelter Island Yacht Basin, which mandates
compliance by 2022.
   (d) Without limits on the use of copper in marine antifouling
paints, California taxpayers face millions of dollars in federal
Clean Water Act compliance costs.
   (e) The San Diego Unified Port District has developed a
multi-faceted approach to deal with copper-containing marine
antifouling paints, including working with the federal Environmental
Protection Agency and the State Water Resources Control Board on
grants to research alternatives to copper in marine antifouling
paints, working with the public and other interested parties on
outreach, education, and development of best management practices in
order to reduce the impacts of copper-containing marine antifouling
paints, and developing a local ordinance and permit systems to
regulate in-water hull cleaning. However, action is needed on a
statewide basis.
  SEC. 2.  Chapter 8 (commencing with Section 117140) is added to
Part 12 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 8.  MARINE PAINT


   117140.  (a) On and after January 1, 2015, it shall be unlawful to
manufacture, sell, or distribute in commerce in California marine
antifouling paints that contain copper.
   (b) Manufacturers shall use the least toxic alternative when
replacing copper in marine antifouling hull paint.

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