Governor Proposes to Eliminate Department of Boating and Waterways

Boaters Urged to Sign and Submit Letters of Opposition

January 11

Recreational Boaters of California [RBOC] is urging boaters to speak up in opposition to Governor Brown's proposal to eliminate the state Department of Boating and Waterways [Cal Boating] and re-constitute the department as a division within the Department of Parks and Recreation.

Click Here for Information and to Take Action

New Scientific Work Raises Questions on Copper Rules

January 4

A scientific presentation given in November of last year by the University of San Diego [USD] and Space and Naval Warfare Systems Command [SPAWARS] at The Society of Environmental Toxicology and Chemistry [SETAC] in Boston raises serious questions about the facts upon which regional and statewide actions are being taken that restrict the use of copper-based antifouling surfaces on boat hulls.

Click Here for Information

RBOC Boater Brief

November 2011

The year 2011 has been a very busy time for RBOC. Many complicated and complex issues involving California boaters have been addressed. In fact, the future use of copper based bottom paints in California has and will continue to receive national attention.

Click Here for Information

SB 623 [Kehoe] Copper-based Anti-fouling Paints

August 22

On August 8th RBOC received the following information from Senator Kehoe's office concerning the RBOC-opposed SB 623 addressing marine anti-fouling paint.

"After much deliberation, Senator Kehoe has decided to hold SB 623 in the Assembly Appropriations Committee. It is now a two-year bill and will not be heard in that committee on August 17, 2011; however, we do plan on moving the bill next year."

Senator Kehoe also stated that "we have received productive input from state agencies, the Governor's office and other sources. We want to use the extra time we'll have during the fall to consider that information...."

This is excellent news for all boaters in California. It gives us additional time to work with Senator Kehoe on the contents of the proposed legislation. It also provides more time for paint manufacturers to make readily available and cost effective alternatives available to boaters. This should also provide time to test these substitutes and get them on retailers' shelves.

RBOC will continue to be engaged on this issue, advocating that any deadline upon which the state's recreational boaters will not be able to use copper-based anti-fouling paints does not take effect until there are alternatives that are effective, available and affordable.

August 8

After much deliberation, Senator Kehoe has decided to hold SB 623 in the Assembly Appropriations Committee. It is now a two-year bill and will not be heard in that committee on August 17; however, the Senator plans on moving the bill next year.

Over the last couple of weeks, the Senator has received productive input from state agencies, the Governor’s office and other sources. The author desires to use the extra time available during the fall to consider that information and continue working with all stakeholders on the bill.

RBOC will continue to be engaged on this issue.

July 11

RBOC is continuing our lobbying efforts to protect the ability of boaters to utilize effective and affordable anti-fouling paints on the hulls of our vessels.

RBOC Vice President-North Jack Michael recently testified regarding SB 623 before the Assembly Environmental Safety and Toxic Materials Committee expressing our opposition to the bill unless it is further amended. His testimony can be seen on below. SB 623 passed the committee and next proceeds to the Assembly Appropriations Committee.

We are also engaged in discussions with Senator Kehoe as the author of SB 623, together with the sponsors, proponents and other stakeholders. Progress is being made on this front. We are pleased to report that, as currently worded, SB 623 does not contain an outright ban on copper based anti-fouling paints. The bill would allow boaters to use low-level, low leach copper antifouling paint after January 1, 2015.

On Friday, July 8, RBOC held a teleconference with paint manufacturers’ associations, the author’s staff, and the sponsor of the bill. We were informed that a variety of paints will be readily available in all areas of the state, will be as easy to apply as current paints, will not require stripping of our hulls, and will be effective in protecting the hulls of our boats.

Under the provisions of SB 623 the Department of Pesticide Regulation [DPR] would be setting the standards for low-leaching, low-copper paints and all such paints would need to have the approval of DPR before going on the market. RBOC has confidence in DPR and has observed the department to make careful, considered decisions based on science.

Also under SB 623, by January 1, 2019 the State Water Resources Control Board would determine whether the use of low-leaching, low-copper paints could result in the attainment of water quality objectives in marinas and harbors for dissolved copper. If the Board finds that it does not, within one year paints containing biocides (copper and zinc) would be prohibited. Non-biocide paints would be allowed.

Senator Kehoe is planning to make further revisions and refinements to SB 623 soon and we are monitoring this closely. RBOC is encouraged by the change in the bill to permit the use of low-leaching, low-copper anti-fouling paints and by the discussions we are having with the author. As developments occur, they will be posted here on our web site.

June 29

RBOC is continuing its advocacy efforts as state legislation is considered on copper-based anti-fouling paints.

SB 623 [Kehoe] passed the Assembly Committee on Environmental Safety and Toxic Materials on June 28. The bill proceeds to the Assembly Committee on Appropriations.

Following is the testimony of RBOC Vice President-North Jack Michael from the June 28 Hearing:

Good afternoon Mr. Chairman and Members,

I am Jack Michael, Vice President of Recreational Boaters of California, which is opposed to SB 623 unless the bill is amended.

RBOC appreciates the efforts Senator Kehoe, the sponsors, and the proponents of SB 623 have been making with us and others with an interest in this measure, and we will continue those discussions in a good faith effort to resolve our concerns..

We acknowledge that SB 623 was amended on June 21.  Most significantly, the bill as now amended would not enact an outright ban on the application of copper-based anti-fouling paints, or on the sale of recreational boats with those paints.  SB 623 would allow for the application of paints using low-leaching, low-level copper.

We also note that paint manufacturer representatives are stating that there will be a variety of available paints prior to this deadline.  Available, effective, and affordable paints would be very helpful to boaters.

SB 623 was also amended on June 21 to include provisions establishing a ban on boater application of paints containing copper, sometime after January 1, 2019, if the State Water Board determines that trends are not indicating that water quality objectives will be met.

We are concerned that such a ban could leave boaters with no options, and that the ban would only apply to recreational vessels.  As the committee analysis notes, the bill targets recreational vessels.

RBOC is therefore urging that SB 623 be amended to include provisions:

• Ensuring that any ban on the application of copper-based anti-fouling paints be accompanied by a finding that alternatives are available, affordable, and effective: and
• Ensuring that any ban would apply to all vessels that contribute copper to the waterways.

We also agree with the points made in the committee analysis that the bill as currently drafted leaves several important questions unanswered, and that the bill should provide specificity.  These include:

• Specification of the objective of the standard to be utilized by the Department of Pesticide Regulation to determine the maximum allowable leach rate for low-leach rate copper anti-fouling paints.
• Specification of the manner in which the Water Board would determine, through the assessment of appropriate water quality data and modeling techniques, whether the use of low-leach rate copper-containing anti-fouling paints can result in the attainment of water quality objectives in California marinas and harbors.
• Specification that the 2019 ban is on copper-containing anti-fouling paint – not all anti-fouling paints.
• Specification of the governmental agency that would be responsible for enforcement.

Thank you.

June 23

RBOC is continuing its lobbying efforts to protect California boaters as state legislation is considered that would impact the ability of boaters to utilize anti-fouling paints containing copper.

RBOC is engaged with Senator Kehoe, the author of SB 623, and all stakeholders.

The Senator amended the bill on June 21 in advance of a June 28 hearing in the Assembly Environmental Safety and Toxic Materials Committee.

Most significantly, SB 623 as now amended would not enact an outright ban on the application of copper-based anti-fouling paints, or on the sale of recreational boats with those paints.

As now worded, SB 623 would allow for the application of paints using low-leaching, low-level copper.

Beginning January 1, 2015, boaters would be prohibited from applying paints containing copper unless they meet that criteria. Also beginning January 1, 2015, paints containing copper on new boats would have to meet that criteria.

Paint manufacturer representatives are stating that there will be a variety of available paints prior to this deadline.

SB 623 was also amended on June 21 to include provisions establishing a January 1, 2019 ban on boater application of paints containing copper if the State Water Board determines that trends are not indicating that water quality objectives will be met.

RBOC is concerned that such a ban could leave boaters with no options, and that the ban would only apply to recreational vessels.
RBOC is therefore urging that SB 623 be amended to include provisions:

[a] Ensuring that any ban on the application of copper-based anti-fouling paints is accompanied by a finding that alternatives are available, affordable, and effective; and

[b] Ensuring that any ban would apply to all vessels that contribute copper to the waterways.

May 24 - Copper-based anti-fouling surfaces

Boaters are encouraged to take action now to express their opposition to SB 623 [Kehoe] to their representatives in the California State Senate.

The bill is expected to pass the Senate Appropriations Committee this Thursday, May 26, without a vote and without testimony. The bill will then be taken up on the Senate Floor [Senate Third Reading] between May 27 and June 3. The deadline for the bill to pass the Floor is Friday, June 3.

This bill would prohibit recreational boaters state-wide from using copper-based anti-fouling paints on the hulls of their boats to prevent marine organisms from growing on their hulls.

SB 623 would place into law a statewide ban of copper based hull coatings. The bill would impose:

1. A January 1, 2015 ban on the sale of new recreational boats with anti-fouling paint containing copper, and
2. A January 1, 2019 ban on the use or application of these paints.

RBOC is opposed to SB 623 as amended on April 25 unless the bill is revised to ensure that any deadline upon which the state’s recreational boaters will not be able to use copper-based anti-fouling paints does not take effect until there are alternatives that
are effective, available, and affordable.

You may download the the following:
1. A letter individual boaters can sign and fax to 916.441.3520 for delivery to the Capitol. From the address you provide, we will identify your Senator and forward the letter.
2. A copy of the current version of SB 623.

NOTE
RBOC continues to be engaged in discussions with the author, sponsors and supporters of SB 623 in a good faith effort to determine if the concerns of the boating community can be resolved.
RBOC does not have confirmation that boater concerns, communicated in our March 10 letter and in subsequent negotiations, will be resolved.

RBOC Lobbying Against Proposed Copper Paint Ban

RBOC is continuing our “oppose unless amended” position on SB 623 [Kehoe] as the bill proceeds to the Senate Appropriations Committee.

If Senate Bill 623 were to be enacted into law, it would establish two bans:

• After 1/1/2015: Ban on the sale of new boats with copper bottom paint.

• After 1/1/2019: Ban on the use of antifouling paint containing copper on recreational boats.

[Download Here] the RBOC position letter in advance of the May 16 scheduled hearing in the Senate Appropriations Committee.

RBOC Lobbied, Testified in Senate EQ Committee on May 2

SB 623 was heard in the Senate Environmental Quality Committee on Monday, May 2. RBOC lobbied the committee in advance of the hearing, and Vice President-South Cleve Hardaker testified. [Download Here] RBOC’s testimony at the hearing.

Senator Kehoe presented the bill and made repeated mention of her intention to work with all stakeholders including opponents. RBOC is continuing our dialogue with the author and proponents of SB 623.

Letters of opposition received from over 300 individual boaters were submitted to the committee. In addition, BoatUS informed its members with Senators on committee, generating hundreds of contacts between constituent boaters and their Senators.

The bill passed the Senate Environmental Quality Committee with a 5-1, party-line vote [Democrats voting aye, Republicans voting naye].

CAL BOATING BUDGET

RBOC is continuing our lobbying efforts to ensure that boater fuel tax and registration fees paid to the state are dedicated to programs and services benefiting the boating community. Recent developments in the State Capitol present the possible scenario that the state budget resolution could include provisions directing significant boater fuel tax dollars to the state's General Fund.

Background

Governor Jerry Brown and the Legislature are working to address the state budget and a projected $26.6 billion deficit over the next fifteen months. Negotiations are taking place to determine whether bipartisan support can be obtained in the Legislature to place the Governor's proposed budget solution before voters this June. That proposal includes budget cuts together with an extension of certain sales, car and income taxes that otherwise expire on July 1.

Some Republican legislators are requesting that the budget deal include additional items such as state spending caps, environmental and regulatory law reforms, state worker pension restructuring, and other provisions in return for their support. The situation is fluid and the outcome remains undetermined as of this posting.

Boating

The efforts to address the state budget deficit could directly impact Cal Boating. First, there is tremendous pressure to identify funding sources for major programs and services. Second, Cal Boating is in the process of updating and improving many aspects of its small craft harbor and recreational marina loan program. Legislators have expressed an interest in ensuring that these actions occur prior to approving additional loans within the department's budget.

SB 69, the Conference Committee version of the Budget Bill, does not include Cal Boating funding for boating facilities loans or grants for the next fifteen months. This is not final, and loans and grants may be considered in future action.

In addition, the budget bills in contention would provide another loan of boater monies from the Harbors and Watercraft Revolving Fund [HWRF] to the state's General Fund. This new loan would be $17 million, to be repaid by June 30, 2014. Previous loans were made in the amount of $29 million [fiscal year 2008-2009, to be repaid by June 30, 2013] and $5 million [fiscal year 2009-2010, with no repayment date]. The total of all three loans would be $51 million.

As currently proposed, Cal Boating would be provided a budget of approximately $50 million, which would provide funding for a number of programs and services including boating law enforcement funding, boater education, yacht and ship broker licensing, beach erosion control, control \ eradication of invasive species, and abandoned vessel abatement.

RBOC

RBOC acknowledges and appreciates the fiscal challenges facing the state, and the stresses being place on essential programs and services. At the same time, boaters continue to pay significant taxes and fees with the understanding that they will be utilized for boater programs and services directly benefiting boaters.

In the current state fiscal climate, it is critical that the boating community continue to advocate for the dedication of boater taxes and fees to programs and services that benefit boaters. It is also important that the boating community identify and prioritize the boating programs and services that are essential to boaters, and educate policy-makers including the Governor and State Legislature as to the importance of those governmental activities. RBOC is actively engaged in these processes.

RBOC is lobbying in the Capitol in support of a proposed $68 million budget for the state boating department [Cal Boating] as the Governor and Legislature grapple with a $28 billion budget deficit.

RBOC President Linda Bendsen testified in the Assembly Budget Subcommittee on February 2: “Our statewide advocacy organization supports full-funding of Cal Boating as the department’s budget is being considered in committee, and efforts to ensure that the boat fuel tax dollars paid by boaters are directed to facilities, programs and services that provide direct benefit to the boating public.”

Legislative budget hearings are in response to Governor Jerry Brown’s proposal that the state act now to accomplish $12.5 billion in cuts and to place an extension of previously-enacted tax increases on the state-wide ballot for voter approval in July.

Decisions made in the state budget impact the utilization of boater fees and taxes for numerous programs and services including boating infrastructure and access, law enforcement, education, abandoned vessel abatement, invasive species infestation prevention, and pollution prevention.

[Read the Proposed Cal Boating Budget Here]

Boat U.S. has appointed five new members to its National Advisory Council. RBOC 2011 President Linda Bendsen will be serving on the Council as one of the new appointees.

Read more: (Download Here)

RBOC is requesting the appointment of Linda Bendsen to serve on the Delta Protection Advisory Committee (DPAC) that will provide recommendations to the Delta Protection Commission on the diverse interests of the Delta.

Read more: (Download Here)

RBOC is requesting that President Obama take action to stop the Environmental Protection Agency from raising the amount of ethanol in our gasoline from today’s 10 percent (E10) to 15 percent (E15) – a 50 percent increase. EPA should not act hastily on this issue. It should wait for the results of thorough and objective scientific testing on the impact of E15 on all gasoline-powered engines.

Read more: (Download Here)

RBOC thanks Cal Recycle and the other involved State Agencies for the successful completion of the Contra Costa County Abandoned Vessel/Water Hazard Illegal Disposal Site Clean-up Project recently completed.  The clean-up of a long festering problem of illegal disposal along the levees of the Fisherman Cut waterway in the Sacramento-San Joaquin Delta is a major improvement to an important navigable waterway.

Read more: (Download Here)

RBOC has requested that the Fish and Game Commission hold additional scoping meetings regarding the South Coast’s Marine Protected Areas Draft Environmental Impact Report [DEIR].

Read more: (Download Here)

RBOC is urging boaters to oppose the proposal of the California State Water Resources Control Board [SWRCB] to establish a statewide requirement that marinas and clubs with 10 or more slips and moorings obtain a state permit [termed a Coastal Marina Permit] and comply with many new requirements including extensive testing and reporting at a projected annual cost of hundreds of thousands of dollars.

Boaters statewide should be concerned and take action...
Read More

Recreational Boaters of California [RBOC] is a nonprofit governmental advocacy organization that works to protect and enhance the interests of the state’s recreational boaters before the legislative and executive branches of state and local government.

RBOC was formed as a statewide organization in 1968 and from that date forward has continued its commitment to promoting the enjoyment, protection, and responsible use of our waterways.

• Protecting your fuel tax dollars from diversion
• Ensuring more dollars for boating law enforcement
• Supporting education over regulation of boaters
• Promoting legislation to fight growing infestations of invasive
species clogging waterways
• Saving interest deductions on boats as second homes
• Reviewing all proposed legislation that affects
boaters!
• Guiding and supporting local issues affecting your
recreational boating and marina
• Working in partnership with Boat U.S. on national
boating legislation