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2011 Senate Bill 5436: Prohibiting copper in antifouling paints used on recreational water vessels
  1. Introduced by Sen. Kevin Ranker (Orcas Island) (D) on January 25, 2011, to provide that , after January 1, 2013, new recreational water vessels with antifouling paint containing copper may not be sold in the state. After January 1, 2018, any recreational water vessel being sold must have been stripped of copper paint or sealed. After January 1, 2020, no antifouling paint containing more than 0.5 percent copper may be sold in Washington.
    • Referred to the Senate Natural Resources & Marine Waters Committee on January 25, 2011.
      • Substitute offered in the Senate on February 15, 2011, to redefine recreational water vessel to mean any vessel that is manufactured or used primarily for pleasure or leased, rented, or chartered to a person for the pleasure of that person. Removes the provision prohibiting resale of boats with antifouling paint containing copper. The substitute passed by voice vote in the Senate on February 15, 2011.
    • Referred to the Senate Rules Committee on February 28, 2011.
  2. Passed 46 to 3 in the Senate on March 1, 2011, provides that, after January 1, 2013, new recreational water vessels with antifouling paint containing copper may not be sold in the state. After January 1, 2018, any recreational water vessel being sold must have been stripped of copper paint or sealed. This bill defines a recreational water vessel as any vessel that is manufactured or used primarily for pleasure or leased, rented, or chartered to a person for the pleasure of that person.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the House on March 3, 2011.
    • Referred to the House Environment Committee on March 3, 2011.
      • Amendment offered in the House on March 24, 2011, modifies the intent section; changes the date of the prohibition on selling a new recreational water vessel with antifouling paint containing copper and specifies that this prohibition applies to recreational water vessels manufactured on or after January 1, 2018; modifies the prohibition on the sale of antifouling paint containing more than 0.5 percent copper; creates a prohibition on applying antifouling paint containing more than 0.5 percent copper; specifies that the DOE is responsible for enforcing the requirements of the bill, including collecting penalties; requires penalties to be deposited in the State Toxics Control Account; permits the Director of the DOE to establish a statewide advisory committee to assist the DOE in implementing the requirements of the bill; modifies the requirements of the DOE's report to the Legislature; permits the DOE to adopt rules necessary to implement the requirements of the bill; and adds a severability clause. The amendment passed by voice vote in the House on March 24, 2011.
    • Referred to the House Rules Committee on April 5, 2011.
  4. Passed 62 to 32 in the House on April 6, 2011, to prohibit the sale of new recreational water vessels with antifouling paint containing copper beginning January 1, 2018. Prohibits the sale and application of antifouling paint containing more than 0.5 percent copper after January 1, 2020, if the paint is intended for use or applied to a recreational water vessel.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the Senate on April 18, 2011, Senate concurred with the House amendments. Passed 38 to 10 in the Senate on April 18, 2011.
    Who Voted "Yes" and Who Voted "No"

  6. Signed by Gov. Christine Gregoire on May 3, 2011.

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