BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 482|
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                                 THIRD READING


          Bill No:  SB 482
          Author:   Kehoe (D)
          Amended:  5/31/11
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  6-3, 4/6/11
          AYES:  Hernandez, Alquist, De León, DeSaulnier, Rubio, Wolk
          NOES:  Strickland, Anderson, Blakeslee

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  5-1, 5/2/11
          AYES:  Simitian, Hancock, Kehoe, Lowenthal, Pavley
          NOES:  Blakeslee
          NO VOTE RECORDED:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 5/26/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Runner
          NO VOTE RECORDED:  Emmerson


           SUBJECT  :    Public beach contamination:  standards:  
          testing:  closing

            SOURCE  :     California Association of Environmental Health 
                      Administrators


           DIGEST  :    This bill transfers authority over water quality 
          monitoring at beaches from the Department of Public Health 
          to the State Water Resources Control Board.


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           ANALYSIS  :    Existing federal law, under the Water 
          Pollution Control Act (Clean Water Act) administered by the 
          United States Environmental Protection Agency (EPA), 
          requires that all municipal, industrial, and commercial 
          facilities that discharge wastewater or stormwater directly 
          from a point source into water of the United States (such 
          as a lake, river or ocean) must obtain a National Pollutant 
          Discharge Elimination System permit.

          Existing state law:

          1. Defines "public beach" as any beach owned, operated or 
             controlled by the state, any state agency, any local 
             agency, any local agency or any private person and is 
             located in the coastal zone or within the jurisdiction 
             of the San Francisco Bay Conservation and Development 
             Commission that is used by the public for recreational 
             use.

          2. Requires Department of Public Health (DPH) to create 
             regulations establishing minimum standards for the 
             sanitation of public beaches for the protection of the 
             public's health and safety.  Requires DPH to consult 
             with local health officers and the public on these 
             regulations.  The regulations must undergo an external 
             comprehensive review process.  

          3. Requires the regulations to do the following by December 
             31, 1998:

                 Require testing waters adjacent to public beaches 
               for microbiological contaminants, and establish 
               protocols for testing.  DPH may require testing of 
               other microbiological indicators based on the best 
               available scientific evidence.  

                 Establish protective minimum standards for 
               microbiological indicators that the department 
               determines are appropriate for testing. 


                 Establish protocols for determining monitoring site 
               locations and monitoring frequency of public beaches.


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                 Establish protocols for making decisions about 
               public notification of health hazards, including 
               posting, closing and reopening public beaches.

          4. Requires, beginning in 1999, that testing be conducted 
             on at least a weekly basis from April 1 to October 31 if 
             the beach is visited by more than 50,000 people annually 
             and the beach is adjacent to a storm drain that flows in 
             the summer.  This requirement may be reduced or altered 
             if levels of microbiological contaminants do not exceed 
             minimum protective standards for two years.

          5. Defines, for the purposes of this section of law, 
             "health officer" to refer to the appointed local health 
             officer or director of environmental health of the city 
             or county having jurisdiction over the area where a 
             public saltwater beach is located. 

          6. Makes the local health officer responsible for testing 
             and coordinating the testing of the waters adjacent to 
             public beaches within his/her jurisdiction. 

          7. Allows the local health officer to use test results from 
             other agencies conducting microbiological contamination 
             testing with in his/her jurisdiction. 

          8. Requires the health officer to:

             A.    Inspect public beaches to determine if protective 
                minimum standards are being met.

             B.    Close or restrict use of portions or all of public 
                beaches where protective minimum standards have not 
                been met.


             C.    Investigate complaints alleging violations of 
                minimum standards. 


             D.    Notify the agency responsible for the operation 
                and maintenance of the beach within 24 hours of the 
                posting, closure, or restriction. 


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             E.    Establish a hotline to inform the public about 
                beach closures, postings, or other restrictions. 


             F.    Report violations of the standards to the district 
                or city attorney.


             G.    Immediately test waters adjacent to a public beach 
                where an untreated sewage release occurs.  If 
                untreated sewage reaches recreational waters adjacent 
                to the public beach, the officer is required to close 
                the public beach until minimum standards have been 
                met.


             H.    Post conspicuous warning signs visible from 
                primary beach access points informing the public of 
                the nature of the problem and the possible risk to 
                public health.


             I.    Perform these duties during fiscal years when the 
                Legislature appropriates sufficient funds. 

             J.    Submit a survey to the State Water Resources 
                Control Board (SWRCB) containing specified 
                information documenting all beach postings and 
                closures that occurred in the preceding month. 

          9. Requires DPH to investigate violations of minimum 
             standards when a local health officer's response to a 
             complaint is deemed insufficient by the person issuing 
             the complaint.  

          10.Allows DPH to close or restrict use of a portion or all 
             of the public beach until the standards are met, and 
             requires DPH to give reasonable notice to the owner or 
             agency in charge of the beach. 

          11.Requires the Director of Health Services to file a 
             written statement annually with the Secretary of the 
             Senate and Chief Clerk of the Assembly stating whether 

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             sufficient funds have been appropriated for the purposes 
             of these provisions. 

          12.Allows any city or county to adopt stricter standards 
             for sanitation of public beaches within their 
             jurisdiction.

          13.Establishes SWRCB as a department under the California 
             EPA to protect water quality by setting statewide 
             policy, allocating surface water rights, coordinating 
             and supporting the Regional Water Board efforts, and 
             reviewing petitions that contest Regional Board actions. 
              SWRCB and the California regional water quality control 
             boards prescribe waste discharge requirements for the 
             discharge of stormwater by municipalities and industries 
             in accordance with the federal Clean Water Act. 

          14.Declares that California's beaches are an invaluable 
             economic, environmental, and recreational source, and 
             makes findings that contamination of beaches poses a 
             serious threat to the public's health. 

          This bill:
                    
          1. Transfers responsibility for the following provisions 
             from DPH to SWRCB:

             A.    Determining monitoring site locations of beach 
                testing.

             B.    Determining monitoring site frequency based on 
                risks to public health.


             C.    Making decisions about public notification of 
                health hazards, including posting, closing and 
                reopening public beaches.

             D.    Require that waters adjacent to public beaches be 
                tested for microbiological indicators that DPH deems 
                appropriate. 

          2. Requires SWRCB to determine options for modifying 
             wastewater and stormwater discharge monitoring 

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             requirements of local agencies.

          3. Establishes that regulations adopted by DPH currently in 
             effect shall remain in effect and be administered, 
             enforced, and amended as necessary by SWRCB.  

          4. Requires testing of waters adjacent to public beaches on 
             a weekly basis from April 1 to October 31, each year, 
             beginning in 2012.

          5. Expands the definition of a public beach to include any 
             beach of ocean waters and bays of the state where the 
             public engages in water-contact sports. 

          6. Deletes the requirement to establish regulations 
             requiring testing by December 31, 1998.

          7. Requires the Public Health Officer to file a written 
             statement annually with the Secretary of the Senate and 
             Chief Clerk of the Assembly stating whether sufficient 
             funds have been appropriated for the performance of 
             these duties. 

           Background
           
          DPH's Recreational Health Program is responsible for:  

           developing regulatory requirements and guidelines for 
            beaches, fresh water bathing areas, public swimming pools 
            and spas, and the operation of organized camps, 

           developing and implementing initiatives to systemically 
            attack the underlying causes of preventable disease and 
            hazardous conditions associated with our coastal and 
            other recreational waters, and

           allocating over $1.5 million in assistance funding to 
            local government through contracts to test ocean and bay 
            waters along public beaches to ensure that they are safe 
            for recreational activities. 

          DPH's regulations currently establish the physical standard 
          for healthfulness and safety of ocean water-contact sports 
          areas in California as the absence of visible sewage, 

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          sludge, grease, or other physical evidence of sewage 
          discharge at all times on any public beaches or 
          water-contact sports areas.  Regulations also include 
          minimum protective bacteriological standards for total 
          coliform bacteria, fecal coliform bacteria, and 
          enterococcus bacteria waters adjacent to public beaches and 
          public water-contact sports areas.

           Prior Legislation
           
          SB 771 (Simitian), Chapter 588, Statutes of 2006, extends 
          restrictions on discharges that apply to cruise ships to 
          include oceangoing ships in state marine waters and marine 
          sanctuaries. 
                    
          AB 411 (Wayne), Chapter 765, Statutes of 1997, requires 
          local health officers to test waters adjacent to public 
          beaches within their jurisdiction and to take related 
          action in the event of a known sewage release.  AB 411 also 
          requires the local health officer to post conspicuous 
          warning signs and establish a telephone hotline to inform 
          the public about a beach that fails to meet standards 
          developed by the Department of Health Services as required 
          in the bill. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

                         Fiscal Impact (in thousands)

           Major Provisions      2011-12     2012-13     2013-14     Fund  

          Additional testing            $430      $860      
          $860Special*

          * Waste Discharge Permit Fund

           SUPPORT  :   (Verified  5/31/11)

          California Association of Environmental Health 
          Administrators (source)
          Alameda County Department of Environmental Health

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          California Coastal Coalition
          California Coastkeeper Alliance
          Center for Oceanic Awareness, Research and Education
          County of San Diego
          Humboldt County Department of Health and Human Services
          Los Angeles County Department of Public Health
          Marin County Environmental Health Services
          Natural Resources Defense Council
          San Luis Obispo Coastkeeper
          Save Our Shores
          Sierra Club

           OPPOSITION  :    (Verified  5/31/11)

          California Association of Sanitation Agencies 
          Orange County Sanitation District

           ARGUMENTS IN SUPPORT  :    The California Association of 
          Environmental Health Administrators is sponsoring this bill 
          and believes it provides a stable funding source for local 
          environmental health programs throughout California to 
          monitor beach water quality and to warn beach users where 
          the water is not safe to swim.  The Sierra Club of 
          California, Save Our Shores, and the Alameda County 
          Department of Environmental Health all claim that, 
          consistent with the recommendations of the Ocean Protection 
          Council, routine monitoring of our ocean waters helps to 
          ensure that our coastal bathing areas are clean and safe.  
          In doing so, we protect the public health, the environment, 
          and California's coastal economy.

           ARGUMENTS IN OPPOSITION  :    California Association of 
          Sanitation Agencies opposes this bill and writes, "SB 482 
          directs the State Water Board to look at 'options for 
          modifying wastewater and stormwater discharge monitoring 
          requirements of local agencies as a method of meeting the 
          requirements set forth in Section 115880.'  We believe this 
          bill would simply have the effect of transferring the cost 
          of a program of general interest onto water quality 
          permittees, which goes beyond a reasonable nexus to the 
          potential impacts of their discharges on water quality.  
          Local wastewater and stormwater resources are stretched 
          thin already, and this is an unfair burden to place solely 
          on these entities, many of whom already contribute to these 

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          monitoring efforts."  
           

          CTW:kc  5/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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