BILL ANALYSIS Ó
SB 482
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Date of Hearing: August 17, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 482 (Kehoe) - As Amended: June 20, 2011
Policy Committee: Environmental
Safety and Toxic Materials Vote: 6-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill transfers effective January 1, 2012, from the
Department of Public Health (DPH) to the State Water Resources
Control Board (SWRCB), regulation of beach contamination
monitoring. Specifically, this bill:
1)Limits the obligation of a local agency to carry out public
beach testing and monitoring to those fiscal years in which
the Legislature has appropriated sufficient funds, as
determined by SWRCB, to cover the costs to the local agency to
monitor and test public beaches.
2)Requires SWRCB, within 15 days following enactment of the
annual Budget Act, to file a written statement with the
Legislature declaring whether the budget includes funds
sufficient to cover local costs.
3)Requires DPH to consult with SWRCB when establishing,
maintaining and amending regulations regarding minimum
standards for the sanitation of public beaches.
FISCAL EFFECT
Annual cost pressure of as much as $1.8 million. (Waste
Discharge Permit Fund.)
SWRCB estimates it will require approximately $1.8 million to
wholly fund local agency beach water monitoring. Actual costs
will depend upon budget act appropriations from the Waste
Discharge Permit Fund, as current law requires the board to
assess waste discharge fees sufficient to cover the amount
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appropriated in the Budget Act from the fund.
COMMENTS
1)Rationale . The author cites the popularity and economic
importance of California's beaches and notes the threat to
human health, and California's tourism industry, represented
by contamination of the state's beaches. The author intends
this bill, by transferring specific responsibilities to SWRCB,
to make certain fees set and collected by SWRCB in accordance
with Budget Act appropriations eligible to fund beach water
quality monitoring.
2)Background . Existing law requires DPH to regulate sanitation
of beaches used by the public. This regulation is to include
minimum sanitary standards and requirements that locals test
waters adjacent to public beaches for specified contaminants
at certain times and locations, post notices of contamination
and restrict access, when warranted. Local officials are
obligated to meet these requirements only in a fiscal year for
which the Legislature has appropriated funds sufficient, as
determined by DPH, to cover the costs of doing so. In recent
years, this activity was paid for by an appropriation from the
General Fund. More recently, bond monies and federal funds
have supplanted the General Fund monies. According to SWRCB,
those sources are no longer available to fund beach sanitation
monitoring. Recent funding, when provided, has been in the
range of $1 million annually.
SWRCB and the regional water boards regulate the discharge of
stormwater and publish information on beach water quality.
Statute requires SWRCB to set annual waste discharge fees at a
level sufficient to cover the amount appropriated from the
Waste Discharge Permit Fund in the annual Budget Act. Were
the Legislature to include in its appropriation from the fund
monies for beach sanitation monitoring, SWRCB could charge
those costs to waste discharge fee payers.
3)Support . This bill is supported by the California Association
of Environmental Health Administrators (sponsor), several
local public and environmental health agencies and
environmental advocates.
4)Opposition. This bill is opposed by the California
Association of Sanitation Agencies and the Orange County
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Sanitation District, who contend this bill would result in
water quality permit holders paying for programs of general
benefit.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081