BILL ANALYSIS Ó SB 482 Page 1 Date of Hearing: June 28, 2011 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Bob Wieckowski, Chair SB 482 (Kehoe) - As Amended: June 20, 2011 SENATE VOTE : 25-14 SUBJECT : Public beach contamination: standards: testing: closing. SUMMARY : Transfers primary jurisdiction for the beach water quality monitoring and testing program from the California Department of Public Health (DPH) to the State Water Resources Control Board (SWRCB). Specifically, this bill : 1)Requires DPH to also consult with the SWRCB when establishing, maintaining, and amending as necessary, minimum standards for the sanitation of public beaches. 2)Transfers, commencing on January 1, 2010, primary jurisdiction for state administration of beach monitoring and testing, as specified, from DPH to the SWRCB. 3)Gives SWRCB primary jurisdiction for the identification of options for funding the monitoring needed to fulfill minimum standards for the sanitation of public beaches, including options for integrating and streamlining existing monitoring programs or requirements associated with waste discharge requirements, Total Maximum Daily Load implementation, or other monitoring programs. 4)Specifies that if a regional water quality control board or the SWRCB issues waste discharge requirements that require monitoring to meet testing requirements, the monitoring shall only be required to the extent that the discharge has the potential to cause or contribute to exceedances of minimum standards for total coliform, fecal coliform, and enterococci bacteria, or for other microbiological indicators. 5)Authorizes DPH, if it is aware of an untreated sewage release that has reached recreational waters adjacent to a public beach, and that the local health officer has not taken action to close the beach, to take action to close those waters until the waters are in compliance. SB 482 Page 2 6)Makes technical, conforming changes. EXISTING LAW : 1)Requires DPH, by regulation and in consultation with local health officers and the public, to establish minimum standards for the sanitation of public beaches. Requires the regulations to, at a minimum, require testing of the waters adjacent to all public beaches for microbiological contaminants; establish protective minimum standards for microbiological indicators; and, establish protocols for beach monitoring and testing and for public notification of health hazards at public beaches. 2)Requires the local health officer to implement and enforce the beach water quality program by, among other requirements, inspecting public beaches and testing beach water for compliance with water quality standards; posting warning signs near, restricting the use of or closing beaches where water quality standards have not been met; and submitting a survey documenting all beach closings and closures due to water quality issues to the SWRCB. Specifies that this requirement is only mandatory during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Director of Health Services (now DPH), in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. 3)Authorizes the SWRCB and the regional water quality control boards to establish waste discharge requirements for the discharge of stormwater by municipalities and industries in accordance with the federal Clean Water Act. Requires the SWRCB to, on a monthly basis, make available to the public information on beach water quality provided by the local health officers. Requires the SWRCB to assess waste discharge fees at a level sufficient to pay for the amount appropriated in the Budget Act from the Waste Discharge Permit Fund (WDPF). 4)Authorizes any city or county to adopt standards for the sanitation of public beaches within its jurisdiction that are stricter than the standards adopted by the DPH. FISCAL EFFECT : Unknown. SB 482 Page 3 COMMENTS : Need for the bill : According to the author's office, "Recreating in waters with increased bacteria concentrations has been directly linked to human health impacts, ranging from nausea and skin rashes to pinkeye, respiratory infections, meningitis and hepatitis. Poor beach water quality in Los Angeles and Orange Counties alone is associated with as many as 1.5 million excess cases of gastrointestinal illness a year. This equates to an economic loss of $21 to $51 million per year. California depends heavily on coastal tourism revenue ($9.9 billion a year), which could be jeopardized by a lack of routine monitoring. Clean beaches are a vital source of tourism and livelihood for the state, with between 150 million and nearly 400 million visits made to California beaches each year. A beach water quality monitoring program allows agencies to collect samples at least on a weekly basis and post the necessary health warnings. In other words, this program keeps the millions of beach-goers in California safe." California beach water quality program : The SWRCB touts California's beach water quality program as the most extensive and comprehensive monitoring and regulatory program for beaches in the nation. Under this program, DPH is required to promulgate regulations to establish standards for beach water quality, require testing of public beach water for microbiological contaminants, and establish protocols for public notification of health hazards at public beaches. Local health officers are required to conduct the public health beach monitoring and regulatory program within their jurisdictions and to report beach water quality and closure information to the SWRCB. The SWRCB is then required to provide the information provided by the local health officers to the public. This bill would realign responsibilities for administering the beach monitoring program by leaving the responsibility for setting standards for the sanitation of public beaches with DPH, and by transferring the responsibility for administering provisions related to monitoring protocols, site locations and frequency to the SWRCB. Funding the beach water quality program : Under current law, local public health officers are only responsible for conducting beach water quality testing during fiscal years in which the state has provided adequate funds for that purpose. In fiscal SB 482 Page 4 year 2008-09, Governor Schwarzenegger vetoed from the DPH budget $1 million in General Funds for this program. Since then, the SWRCB has provided temporary funding for local beach monitoring using bond monies from Proposition 13, federal stimulus funds, and the Cleanup and Abatement Account to keep the program running. Currently, bond funds that can be used to continue beach monitoring have been exhausted, and there is no ongoing source of revenue available to support these programs. This bill would create the opportunity to continue funding for the beach water quality program through water quality fees that are assessed by the SWRCB. Under current law, the SWRCB is required to assess waste discharge fees at a level sufficient to pay for the amount appropriated in the Budget Act from the Waste Discharge Permit Fund (WDPF). This bill would provide the opportunity for the State Water Board to propose, through the Budget process, increased expenditure authority from the WDPF to pay for its responsibilities under the bill, and thereby provide for continued funding for the beach water quality program. Arguments in support : Supporters argue that SB 482 will help to provide stability to the highly successful beach water quality monitoring program under which local environmental health agencies test the quality of the water off our most popular beaches and warn beach users when it is not safe to swim. They argue that since General Fund funding has been eliminated and temporary funding will end on January 1, 2012, this important public health service is at risk. They contend that this bill will authorize the SWRCB to secure sustainable funding for this important program that not only safeguards public health but helps to protect the multi-billion dollar coastal recreational industry that is so heavily dependent on clean and safe beaches. Arguments in opposition : Opponents argue that SB 482 would have the effect of transferring the cost of a program of general interest onto water quality permit holders, going beyond a reasonable nexus of the potential impacts of their discharges on water quality. They contend that local wastewater and stormwater resources already contribute to these monitoring efforts. The Orange County Sanitation District asserts that it already contributes to local monitoring efforts and that they work collaboratively with the County Health Department. They claim that SB 482 could impede their local efforts. Related legislation : AB 1200 (Ma) requires a local public SB 482 Page 5 agency operating a combined sewer and stormwater system to implement a notification plan to inform the public of a discharge from the system that occurs near a recreational beach, which includes notification at the recreational beach. This bill is pending hearing in the Senate Environmental Quality Committee. REGISTERED SUPPORT / OPPOSITION : Support: California Association of Environmental Health Administrators (sponsor) Alameda County, Department of Environmental Health California Coastal Coalition California Coastkeeper Alliance Center for Oceanic Awareness, Research and Education Humboldt County, Department of Public Health Los Angeles County, Department of Health and Human Services Marin County, Environmental Health Services Monterey County, Board of Supervisors Natural Resources Defense Council San Diego County San Luis Obispo Coastkeeper Save Our Shores Sierra Club California Opposition: California Association of Sanitation Agencies Orange County Sanitation District Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916) 319-3965