RBOC and BoatUS appreciate the leadership of Assembly Member Diane Dixon [R-Newport Beach] and her efforts to address the ineffective and scientifically-questionable regulatory approaches that have been taken to address copper in the state’s waters including her AB 773 of 2025 that proposed to suspend enforcement of the regulations relating to copper-based anti-fouling marine coatings until several actions were taken.
Copper-based anti-fouling marine coatings 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 anti-fouling marine coatings 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 effective, affordable and available.
RBOC is engaging with Assembly Member Dixon in an effort to address and resolve concerns with the current version of this year’s legislation, AB 1691. This measure does not propose to suspend enforcement of regulations relating to copper-based anti-fouling marine coatings until specific determinations are made of the best methods to regulate the use of copper-based anti-fouling marine coatings within the state.
Concerns with AB 1691 as introduced include:
The legislation focuses on copper-based anti-fouling marine coatings and fails to consider the other sources of copper in saltwater harbors, bays and marinas, other measures that can be taken to reduce the presence of copper, the importance of copper in preventing the introduction and spread of invasive species, and the consideration being given by the regional water quality control boards to new approaches to address copper.
Studies have already been conducted and call into question the necessity for the new studies the legislation would require.
The legislation would require collaboration between state and regional agencies in completing studies and determining best methods to address elevated copper concentrations but with no required engagement with or input by interested and invested stakeholders including the recreational boating community. The AB 773 reference to regulatory processes is not proposed in AB 1691.
The new studies would impose significant new costs during a difficult period for the state budget. The Assembly Appropriations Committee fiscal analysis of AB 773 last year estimated $809,000 first year costs and $744,000 in annual costs to the Department of Pesticide Regulation, and $250,000 in annual costs to the State Water Board.
Any restrictions or prohibitions on the use of copper-based anti-fouling marine coatings must be accompanied by findings that alternatives are effective, affordable and available. This is not the case today, yet the legislation could foreseeably result in this specific recommendation.
For these reasons, RBOC and BoatUS have adopted an opposition position on AB 1691 as introduced and are engaged in efforts to resolve the concerns that have been identified.