How Washington's Proposed Copper-Free Antifouling Law Affects Your Boat

In 2011, Washington State passed SSB 5436 (RCW 70A.445) – becoming the first state to pass a law to gradually phase out the use of antifouling paints containing cuprous oxide (aka copper) on “recreational water vessels” – originally set to take effect in 2018. This article is meant to update you on what is happening with this law and to answer questions you may have if the law ever actually takes effect.

Immediately before this new law was meant to go into effect in 2018, the Washington State Legislature pushed the effective date first to 2021 and then to January 1, 2026, directing the Department of Ecology to research whether viable, less toxic alternatives were readily available.

Following this delay, in June 2024, the Department of Ecology submitted its report to the Legislature, saying it could not confirm safer, effective, and feasible alternatives to copper paints were readily available. Furthermore, studies indicated that some non-copper chemical biocides could be as bad or worse for the marine environment.

Since the Department of Ecology could not verify safer and effective alternatives, the 2026 ban was officially lifted/postponed. It's important to note, however, that the DOE is continuing to monitor scientific literature and is required to submit an additional report to the Legislature by June 30, 2029 – so this law may still go into effect at some point in the future.

One part of the law that HAS gone into effect is that Washington State officially banned Irgarol (cybutryne) due to its environmental toxicity. Irgarol was a co-biocide additive commonly used in hull paints to make them more effective. This ruling went into effect on January 1, 2023 – so if you previously used a paint containing the Irgarol additive, it is no longer allowed.

Frequently Asked Questions

Should this law ever go into effect, here are some common questions and answers regarding the key parts of the law: