Washington State Considers Delaying Ban on Copper Paint
Boating industry stakeholders offered reserved support for a Washington State bill that would delay implementation of a ban on copper-based antifoulant paint from January 2021 to January 2026. The legislation was introduced after a year-long study by the Washington State Department of Ecology failed to resolve questions about the environmental impact of copper bottom paint as compared to alternative green formulations.
After January 1, 2026, SB 6210 would ban the sale or application of antifoulant paints containing more than .05 percent of copper in the state of Washington. The ban also would prevent boat owners from applying these paints.
SB 6210/HB 2385, or similar legislation, must pass this year to avoid a near-term ban on copper paint. NMMA and other stakeholders support amending the bills to require continuing a scientific investigation by the Department of Ecology of the efficacy of low leech rate copper paints, as well as so-called “green” formulations that can contain harmful chemicals.
Washington State enacted a copper paint ban in 2011, effective in 2018. However, a review by the Department of Ecology found that some non-copper alternatives might be more harmful to the environment than the copper-based paints they would have replaced. This uncertainty caused the legislature to delay the ban until 2021 and directed Ecology to review risk assessments, scientific studies, and other relevant analyses regarding the toxicity and environmental impacts of antifouling paints. The Department of Ecology continues to be concerned that non-copper antifouling alternatives may pose a significant threat to Washington’s environment.
HB 2385 would ban the chemical cybutryne. Concerned that they do not know exactly what is in copper paint formulations, the Department of Ecology requested that the bill require paint manufacturers to disclose the contents of their paint formulations upon request.
If you have questions, please contact NMMA vice president for state government relations, David Dickerson at [email protected].