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In-Water Hull Cleaning Policy Development & Legislation

One of the goals of the Copper Reduction Program is to promote regulatory change at the state level and to develop local policies, procedures or permits to address copper pollution.

In-Water Hull Cleaning Regulations

The Port recently adopted In-Water Hull Cleaning regulations. An ordinance requires the use of Best Management Practices for anyone doing in-water hull cleaning. The In-Water Hull Cleaning Permit is a bay-wide permit that will reduce or eliminate copper pollution caused by in-water hull cleaning activities. Businesses must obtain the permit.

Marine Antifouling Paint Legislation

Senate Bill 623, by former State Senator Christine Kehoe (D-San Diego), proposed state legislation to eliminate copper in marine antifouling paint. This bill supported the Port's efforts to reduce copper pollution in San Diego Bay marinas by controlling copper pollution throughout the state. SB 623 was suspended in 2012 pending the results of state and federal studies that would help address the growing problem of copper pollution in the state's waterways.

Since then, Assembly Majority Leader Toni Atkins introduced AB 425 requiring the California Department of Pesticide Regulation to evaluate whether to register copper-based antifouling paint, and to determine a leach rate for copper-based antifouling paint used on recreational vessels and to make recommendations for appropriate mitigation measures that may be implemented to protect aquatic environments from the effects of exposure to that paint if it is registered as a pesticide. The studies are to be completed no later than February 1, 2014.

Learn more about AB 425

SB 346 - Brake Pad Legislation

The Port of San Diego supported state legislation by State Senator Christine Kehoe (D-San Diego), which regulates copper in automotive brake pads. Copper dust from brake pades washes into bays and other waterways when it rains, causing pollution.

Senate Bill 346: Motor Vehicle Brake Friction Materials Removal of Copper in Automotive Brake Pads, was signed by former Governor Arnold Schwarzenegger in September 2010. It requires manufacturers to use less copper in brake pads by 2014 and bans copper altogether in brake pads by 2023.

Board of Port Commissioners Resolution (2009-230)

In support of copper reduction in San Diego Bay the Board of Port Commissioners has also:

  • Sent a letter to the California Environmental Protection Agency supporting the Department of Pesticide Regulation's re-evaluation of hull paints.
  • Approved the Port's environmental department receiving a $180,000 grant from the Environmental Protection Agency to study alternative paints
  • Approvied a State 319h grant for $600,000 to assist boaters in switching from copper-based hull paint to a non-copper alternative
  • Approved three grants totaling $230,000 through the Port's Environmental Fund for outside parties to develop alternative hull paints

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