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RBOC & BoatUS Propose Amendments to Tailor Marine Flare EPR Legislation to Boating

July 7, 2025

RBOC and our national advocacy partner BoatU.S. continue to advocate in support of amendments to SB 561 [Blakespear], legislation that would establish an extended producer responsibility [EPR] requirement for pyrotechnic marine flares, to enact an effective and efficient requirement for the single manufacturer of marine flares to collect and dispose of the products that it manufactures.

RBOC and BoatU.S. will support the measure with these amendments [disccussed below] and will oppose the measure if the amendments are not made.

Recreational boaters care both about responsible environmental stewardship of the waterways, as well as boater safety on the water. We look forward to the development of more feasible paths for replacement of chemical flares and being able to support a future version of this initiative.

RBOC and BoatU.S. note the good-faith engagement that have been made by Senator Blakespear, her office, Orion Safety Products, National Stewardship Council, Zero Waste Sonoma and other stakeholders during 2024 to understand the objectives of SB 1066, its implementation, impacts and costs. However,... with widely varying estimates of disposal cost and impact, no clarity about substitute safety measures, or the disposition of similar but much larger commercial flares, and no phase-in period or plan for support ... RBOC and BoatU.S. were not able to support SB 1066 as it was presented to the Governor for his consideration. The organization did not, however, request the Governor’s veto of the measure.

Our organizations remain informed by the recreational boating community’s experiences with state and local efforts to facilitate and encourage boaters to voluntarily turn in their marine flares through the past several years, especially thought the California Boating Clean and Green Campaign.

Boaters place a high priority on the importance of marine flares as a mandatory and essential public safety feature. Visual distress signals are an essential part of the safety equipment of a recreational vessel and are required by federal regulations. Alternatives to pyrotechnic flares including electronic beacons are not as effective, especially during daytime hours.

The legislation to-date has focused on a statewide EPR program as the solution to end-of-life management of marine flares to address the toxic metals and potential pollutants. Effective and affordable alternatives to a full-blown extended producer responsibility requirement can address the specific nature of marine flares, their components, and their ultimate disposal or destruction.

So far as we are aware, Orion is the sole producer of pyrotechnic flares for recreational boaters. The absence of a robust, competitive business environment is likely to lead to the new state and industry costs imposed by an EPR requirement being passed on to and borne by the recreational boaters. A significant cost impact on individual boaters could become a disincentive to purchases.

As SB 561 advances to the Assembly Committee on Environmental Safety and Toxic Materials for consideration, RBOC and BoatU.S. have developed and have submitted amendments to the author that would tailor the mandate to the specific situation in California and resolve our concerns.

The amendments would require that the manufacturer collect and dispose of the flares it manufactures. At the same time, the amendments would delete the requirements that:

• The state Department of Toxic Substances Control [DTSC] adopt regulations.

• The manufacturer submit its manufacturer responsibility plan for DTSC consideration, with DTSC then considering and approving the plan.

• A manufacturer responsibility organization be established for multiple manufacturers.

The amendments would also move up the deadline for the manufacturer to create and submit its plan to DTSC by one year, to January 1, 2027.

This program would resolve the critical issues that RBOC, BoatU.S. and others have identified and communicated while last year’s SB 1066 progressed through the legislative process and as SB 561 has been considered this year.

Tags marine flares, SB 561 [Blakespear], EPR, BoatUS, BoatU.S.
Comment

An update for California boaters from the nonprofit boating advocacy organization Recreational Boaters of California [RBOC].

Update on legislation proposing abandoned vessel inventory, authorizing E15 fuel, re-evaluating copper-based anti-fouling paint, mandating marine flare producer take-back program

May 23, 2025

We have an update on 4 measures in which RBOC is engaged following today's deadline for legislation to pass through the appropriations committees in the Assembly and Senate and move forward to the floors of each house.

Abandoned Vessels Inventory

A proposed requirement that the State Lands Commission inventory all abandoned and derelict commercial and recreational vessels on or in waters within the Sacramento-San Joaquin Delta.

AB 274 [Ransom] was held on suspense in the Assembly Appropriations Committee and will not move forward.

E15 Fuel Authorization

A proposed authorization for the sale of E15 in the state for use as a transportation fuel until both of the following occur:

  • CEPC completes its review and publicly posts its findings of the multimedia evaluation (MME) for E15 required pursuant to existing law.

  • ARB does either of the following: adopts a regulation establishing a specification for E15 or posts an assessment on its website demonstrating it is not possible for a proposed regulation establishing a specification for E15.

AB 30 [Alvarez] passed the Assembly Appropriations Committee and proceeds to the Assembly Floor [Assembly Third Reading]

Copper-based Anti-fouling Paint Re-evaluation

A proposed requirement that the Department of Pesticide Regulation (DPR) reevaluate copper-based boat antifouling paint (AFP) products and requires the California Environmental Protection Agency (CalEPA), the State Water Resources Control Board (State Water Board), and DPR to determine the best methods to address elevated copper concentrations in marine water bodies.

AB 773 [DIxon] was held on suspense in the Assembly Appropriations Committee and will not move forward.

Distress Flare EPR

A proposed requirement that the producers of marine flares establish an extended producer responsibility (EPR) program for the collection, transportation, recycling, and safe and proper management of marine flares in California.

SB 561 [Blakespear] passed Senate Appropriations Committee and proceeds to the Senate Floor [Senate Third Reading] for consideration.

Tags AB 30 [Alvarez], SB 561 [Blakespear], AB 274 [Ranxom], AB 773 [Dixon], AB 773 Dixon, EPR, marine flares, E15, copper-based anti-fouling surface, Sacramento San Joaquin Delta, abandoned vessels
Comment


RBOC is requesting that recreational boaters take action – this involves contacting your elected representatives to express a position on a key boating issue.

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