BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 1395 AUTHOR: Block AMENDED: March 25, 2014 HEARING DATE: April 24, 2014 CONSULTANT: Moreno SUBJECT : Public beaches: inspection for contaminants. SUMMARY : Permits the Department of Public Health (DPH), in determining whether to require or authorize the testing of public beach waters for indicators other than coliform and enterococci bacteria, to take into account whether an alternative indicator can provide results more quickly, as specified. Permits DPH, if a local health officer demonstrates that the use of an approved polymerase chain reaction testing method 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 his/her jurisdiction, to authorize the use of that testing method in that jurisdiction. Existing law: 1.Makes the State Water Resources Control Board (SWRCB) 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. 2.Requires DPH, by regulation in consultation with SWRCB, local health officers (LHOs), and the public, to 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. 3.Requires the regulations and standards, prior to final adoption or amendment, to undergo an external comprehensive review process, as specified. 4.Requires the regulations to, at a minimum: a. Require the testing of the waters adjacent to all public beaches for microbiological contaminants, including, but Continued--- SB 1395 | Page 2 not limited to, total coliform, fecal coliform, and enterococci bacteria. Permits DPH to require the testing of waters adjacent to all public beaches for microbiological indicators other than those, or a subset of those, if it 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; b. Establish protective minimum standards for total coliform, fecal coliform, and enterococci bacteria, or for other microbiological indicators or subset of indicators that DPH determines are appropriate for testing; and, c. Require that the waters adjacent to public beaches are tested for total coliform, fecal coliform, and enterococci bacteria, or for other microbiological indicators that DPH determines are appropriate for testing. Requires testing to be conducted on at least a weekly basis from April 1 to October 31, inclusive, of each year, if the beach is visited by more than 50,000 people annually or it is located on an area adjacent to a storm drain that flows in the summer. This bill: 1.Permits DPH, in determining whether to require or authorize the testing of public beach waters for indicators other than coliform and enterococci bacteria, to 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. 2.Permits DPH, if a LHO demonstrates or has demonstrated through side-by-side testing over a beach season that the use of an approved polymerase chain reaction testing method 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 his/her jurisdiction, to authorize the use of that testing method in that jurisdiction instead of other testing methods. 3.Makes a number of technical, clarifying changes to public beach sanitation regulation requirements under existing law. FISCAL EFFECT : This bill has not been analyzed by a fiscal committee. SB 1395 | Page 3 COMMENTS : 1.Author's statement. According to the author, current statute requires beach water quality sampling and signage warning of contaminated water when monitoring indicates bacteria levels exceed state standards, or during other events that may pose a threat to public health. To meet this requirement, local agencies perform culture-based tests, which utilize a multiple sample standard and include three indicators: total coliform, fecal coliform, and enterococcus. The current culture-based tests typically require at least 24-48 hours for results. The United States Environmental Protection Agency (US EPA) in an attempt to address the slow response time for culture-based testing methods certified qualitative polymerase chain reaction (qPCR) as a rapid measurement method. This alternative method can return results in about four hours. However, the current state statute does not authorize the use of a single indicator test. Utilizing rapid test methods shortens the amount of time that California's 238 million beachgoers may unknowingly be at risk. It also allows jurisdictions to more rapidly reopen closed beaches when the threat of contamination is no longer present. Instead of waiting one to two days for test results, they can be received in four hours and acted upon quickly. During the summer months, quick results are critical. This is good for beachgoers, tourists and the economy. 2.Beach pollution. Ocean waters near beaches may become contaminated by both point and non-point sources of pollution. Point source pollution is defined by the US EPA as discrete conveyances, such as pipes or manmade ditches that discharge pollutants directly into waters of the United States. This includes discharges from municipal sewage plants and industrial facilities and storm drainage from larger urban areas. Non-point source pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and manmade pollutants, depositing them into lakes, rivers, wetlands, and coastal waters. According to the EPA, polluted runoff and untreated sewage released into recreational waters can expose swimmers to bacteria, viruses, and protozoans. These pathogens can be present at or near the site where polluted discharges enter the water. When certain contaminants are present in sufficient SB 1395 | Page 4 concentrations, they can pose a health hazard for swimming and cause gastroenteritis, upper respiratory and ear infections, sore throats, nausea and fevers, among other conditions. Children, the elderly, and people with weakened immune systems are most likely to develop illnesses or infections after swimming in polluted water. According to SWRCB, LHOs issue various types of warnings or closures when indicator bacteria are found in the water at levels that exceed standards set by DPH. These indicator bacteria imply the potential presence of microscopic disease-causing organisms originating from human and animal wastes. The SWRCB displays the postings and closure data submitted from the LHO on its web site monthly. SWRCB also compiles the information into an annual report, which provides additional data on sources of pollution, testing methods, and causes of beach postings and closures. 3.Rapid indicator tests. According to the US EPA, beach water quality monitoring typically tests for the presence of "indicator bacteria" (usually enterococcus or E. coli bacteria) whose presence has been correlated with the presence of human pathogens. Currently, many approved methods for measuring concentrations of enterococcus and E. coli in recreational waters have been used for decades, but results are typically not available for 24 hours. Therefore, the US EPA indicates that decisions regarding safe beach usage are made using one day old information at best, and may even be made after a confirmation test which can take up to 72 hours after the initial sample is collected. According to the US EPA, qPCR is an emerging rapid indicator testing technique that can be used to produce results in as little as four hours. Since microbial water quality can change rapidly, testing based on indicator organisms (that requires 24 hours to obtain results), may result in unnecessary beach closings or exposure of swimmers to water of poor microbial quality. The US EPA states that because qPCR methods provide a faster assessment of water quality, they have the potential to improve decision making for personnel involved in beach management decisions. 4.Double referral. This bill is double referred. Should it pass out of this committee, it will be referred to Environmental Quality Committee. SB 1395 | Page 5 5.Prior legislation. SB 482 (Kehoe) Chapter 592, Statutes of 2011, transferred primary jurisdiction of the Beach Water Quality Monitoring Program to SWRCB. AB 411 (Wayne), Chapter 765, Statutes of 1997, requires LHOs to test waters adjacent to public beaches within their jurisdiction and to take related action in the event of a known sewage release. AB 411 also requires LHOs to post conspicuous warning signs and establish a telephone hotline to inform the public about a beach that fails to meet standards developed by the Department of Health Services (now DPH). 6.Support. California Coastkeeper Alliance writes that the current lag of the testing period can result in swimmers, surfers and others using areas polluted by sewage and runoff, causing illness such as stomach flu, skin rashes, pinkeye, respiratory infections, meningitis, and hepatitis. The County of San Diego writes that the goal of this bill is to provide flexibility in statute to allow for new, quick test methodology based off single samples to be used to determine water quality for California beaches. The County of San Diego further states that this bill does not mandate the use of the qPRC method - it simply provides this test methodology as an additional tool that can be used by a public health department to more quickly provide information to the public related to water quality. Surfrider Foundation states that this bill complements the work they have been doing to prompt the establishment of state and local government water quality monitoring programs that improve the public's knowledge of the safety of their beach water. SUPPORT AND OPPOSITION : Support: County of San Diego (sponsor) California Coastkeeper Alliance Surfrider Foundation WILDCOAST Oppose: None received. -- END -- SB 1395 | Page 6