BILL ANALYSIS Ó SB 482 Page 1 SENATE THIRD READING SB 482 (Kehoe) As Amended August 26, 2011 Majority vote SENATE VOTE :25-14 ENVIRONMENTAL SAFETY 6-3 APPROPRIATIONS 11-6 ----------------------------------------------------------------- |Ayes:|Wieckowski, Campos, |Ayes:|Fuentes, Blumenfield, | | |Chesbro, Davis, Feuer, | |Bradford, Charles | | |Bonnie Lowenthal | |Calderon, Campos, Davis, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Miller, Morrell, Valadao |Nays:|Harkey, Donnelly, Gatto, | | | | |Nielsen, Norby, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Transfers primary jurisdiction for the beach water quality monitoring 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)Requires, commencing on January 1, 2010, the SWRCB to be responsible for directing the state's beach water quality program and for establishing and reviewing monitoring protocols, site locations and monitoring frequency based on risks to public health. 3)Requires SWRCB to identify the 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 SB 482 Page 2 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)Requires the SWRCB to consult with the DPH and local health officers when establishing and reviewing monitoring protocols. 6)Exempts from regulatory review the establishment and review of monitoring protocols. 7)Limits, until June 30, 2016, to $1,800,000, funds from the Waste Discharge Permit Fund (WDPF) that can be used, upon appropriation by the Legislature, as a funding source for the beach water quality monitoring program. 8)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. 9)Limits the obligation of a local agency to post warning signs near a beach that fails to meet bacteriological standards to those fiscal years in which the Legislature has appropriated sufficient funds, as determined by the SWRCB, to cover the costs to the local agency to monitor and test public beaches. 10)Requires the SWRCB and the State Public Health Officer to, within 15 days following enactment of the annual Budget Act, file a written statement with the Legislature declaring whether the budget includes funds sufficient to cover local costs. 11)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 SB 482 Page 3 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 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 : According to the Assembly Appropriations Committee, enactment of this bill could result in 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 SWRCB to assess waste discharge fees sufficient to cover the amount appropriated in the Budget Act from the fund. COMMENTS : Need for the bill : According to the author, "Recreating in waters with increased bacteria concentrations has been directly linked to SB 482 Page 4 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 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 SB 482 Page 5 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. Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0002252