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

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.

What We're Working On - A Brief Update on Key Boating Issues

Here’s a quick update on some of the key issues RBOC’s is working on:

• Engaging with the various state and regional agencies as they take action to prevent the infestation of water bodies by the golden mussel, often imposing restrictions and prohibitions on all on-the-water activities.

• Advocating for legislation establishing an extended producer responsibility program for pyrotechnic marine flares to acknowledge that there is only one manufacturer and so that the take-back requirements are structured to ensure that the costs of implementation do not place an unreasonable burden on boaters.

• Opposing the Delta Conveyance Project that, as revised to one tunnel, would still significantly impede navigation and harm Delta recreation.

• Advocating for updates and efficiencies to state programs financed by boat registration fees to ensure they provide positive benefits to boaters and share costs with other stakeholders where appropriate – prior to an increase in boat registration fees.

• Supporting legislation to review 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 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.

• Requesting that the Outdoor Recreation for All [30x30] program identify the values of, and prioritize on-the-water opportunities within its initiatives. Clear confirmation should also be provided that the significant areas of water that have been protected over the years, including the marine life protected areas [MLPAs] count towards the 30% preservation goal.

• Raising concerns that the state’s authorization of E15 fuel will raise prices on E10 gasoline, will restrict the availability of that fuel, and will inevitably ruin many boat engines.

RBOC Supporting Legislation to Address Copper-Based Antifouling Paint Concerns

RBOC is supporting AB 773 [Dixon], legislation that would suspend enforcement of regulations relating to copper-based antifouling paint until a determination is made of the best methods to regulate the use of copper-based antifouling paint within the state.

Copper-based anti-fouling surfaces are important to boating. From recreational boats in the water for a season to commercial ships that are in the water year-round, antifouling paint on the underwater part of the boat is fundamental to the proper maintenance and performance of almost all watercraft. The uncontrolled growth of marine organisms on boats significantly degrades performance, increases fuel consumption, contributes to the spread of aquatic invasive species and can even lead to a vessel sinking in extreme cases.

Boaters are doing their part to address the presence of copper in impaired water bodies in California. They are buying and using low-leach-rate copper-based antifouling paint approved by the Department of Pesticide Regulation in an attempt to reduce the amount of dissolved copper that is discharged into impaired water bodies.

Boaters have also been participating in studies to identify potential alternatives. To date, however, there is no replacement that is available, effective and affordable.

RBOC supports the provisions of AB 773 that would suspend enforcement of the regulations relating to copper-based antifouling paint until:

• The completion and release any active studies related to the effectiveness of low-leach-rate paint before adopting any new regulations relating to copper-based antifouling paint or low-leach-rate paint.

• The determination of the best methods to regulate the use of copper-based antifouling paint within the state.

• A collaborative agreement on guidelines that provide for the uniform enforcement of the copper-based antifouling paint regulations throughout the state.