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 







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           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 







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           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 







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         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 







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         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