BILL NUMBER: SB 1395	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 26, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Block

                        FEBRUARY 21, 2014

   An act to amend Section 115880 of the Health and Safety Code,
relating to public beaches.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1395, as amended, Block. Public beaches: inspection for
contaminants.
   Existing law requires the State Department of Public Health to
adopt regulations for the minimum public health standards of public
beaches, including requiring the testing of waters adjacent to all
public beaches for specified microbial contaminants. Existing law
authorizes the department to require testing of the waters adjacent
to all public beaches for additional microbial indicators if the
department establishes that those indicators are as protective of the
public health.
   This bill would authorize the department to allow a local health
officer to use specified polymerase chain reaction testing methods
published by the United States Environmental Protection Agency 
or approved as an alternative test procedure pursuant to federal law
 to determine the level of enterococci bacteria as a single test
based on a single indicator  in   at one or
more beach locations within  that jurisdiction if the local
health officer demonstrates through side-by-side testing over a beach
season that the use of the test method provides a reliable
indication of overall microbiological contamination conditions. The
bill would  authorize   require  the
department, in making the determination of whether to authorize the
use of those testing methods by a local health  officer ,
  officer,  to take into account whether the
alternative indicators and related test method can provide results
more quickly.  The bill would specify that its provisions do not
require the use of those testing methods. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 115880 of the Health and Safety Code is amended
to read:
   115880.  (a) The department shall, by regulation and in
consultation with the board, local health officers, and the public,
establish, maintain, and amend as necessary, minimum standards for
the sanitation of public beaches, including, but not limited to, the
removal of refuse, as it determines are reasonably necessary for the
protection of the public health and safety.
   (b) Prior to final adoption or amendment by the department, the
regulations and standards required by this section shall undergo an
external comprehensive review process similar to the process set
forth in Section 57004 of the Health and Safety Code.
   (c) The regulations shall, at a minimum, do all of the following:
   (1) Require the testing of the waters adjacent to all public
beaches for microbiological contaminants, including, but not limited
to, total coliform, fecal coliform, and enterococci bacteria. The
department may require the testing of waters adjacent to all public
beaches for microbiological indicators other than those set forth in
this paragraph, or a subset of those set forth in this paragraph, if
the department affirmatively establishes, based on the best available
scientific studies and the weight of the evidence, that the
alternative indicators are as protective of the public health.
   (2) Establish protective minimum standards for total coliform,
fecal coliform, and enterococci bacteria, or for other
microbiological indicators that the department determines are
appropriate for testing pursuant to paragraph (1).
   (3) Require that the waters adjacent to public beaches are tested
for total coliform, fecal coliform, and enterococci bacteria, or for
other microbiological indicators that the department determines are
appropriate for testing pursuant to paragraph (1). Except as set
forth in subdivision (e), testing shall be conducted on at least a
weekly basis from April 1 to October 31, inclusive, of each year
beginning in 2012, if both of the following apply:
   (A) The beach is visited by more than 50,000 people annually.
   (B) The beach is located on an area adjacent to a storm drain that
flows in the summer.
   (d) Notwithstanding subdivision (a), if a local health officer
demonstrates or has demonstrated through side-by-side testing over a
beach season that the use of United States Environmental Protection
Agency method 1609 or 1611, or any equivalent or improved rapid
detection method published by the United States Environmental
Protection Agency for use in beach water quality  assessment,
  assessment or approved as an alternative test
procedure pursuant to Part 136 of Title 40 of the Code of Federal
Regulations,  to determine the level of enterococci bacteria as
a single indicator provides a reliable indication of overall
microbiological contamination conditions  in all or part of
  at one or more beach locations within  that
health officer's jurisdiction, the department may authorize the use
of that testing method  in that jurisdiction  
at those   beach locations  instead of other testing
methods. In making that determination, the department shall take into
account whether an alternative indicator or subset of indicators,
with the associated test method, can provide results more quickly,
thereby reducing the period of time the public is at risk while
waiting for contamination to be confirmed.
   (e) The monitoring frequency and locations established pursuant to
this section and related regulations may be reduced or altered only
after the testing required pursuant to paragraph (3) of subdivision
(c) reveals levels of microbiological contaminants that do not
exceed, for a period of two years, the minimum protective standards
established pursuant to this section.
   (f) The local health officer shall be responsible for testing the
waters adjacent to, and coordinating the testing of, all public
beaches within his or her jurisdiction.
   (g) The local health officer may meet the testing requirements of
this section by utilizing test results from other parties conducting
microbiological contamination testing of the waters under his or her
jurisdiction. 
   (h) This section does not require a wastewater treatment agency or
other party conducting microbiological contamination testing of the
waters under his or her jurisdiction, who provides those test results
to a local health officer pursuant to this section, to use United
States Environmental Protection Agency method 1609 or 1611, or any
equivalent or improved rapid detection method published by the United
States Environmental Protection Agency for use in beach water
quality assessment or approved as an alternative test procedure
pursuant to Part 136 of Title 40 of the Code of Federal Regulations,
for total maximum daily load implementation, waste discharge
requirements, or other monitoring programs required to be implemented
pursuant to Division 7 (commencing with Section 13000) of the Water
Code.  
   (h) 
    (i)  Any city or county may adopt standards for the
sanitation of public beaches within its jurisdiction that are
stricter than the standards adopted by the department pursuant to
this section.