BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1395|
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THIRD READING
Bill No: SB 1395
Author: Block (D)
Amended: 5/27/14
Vote: 21
SENATE HEALTH COMMITTEE : 7-0, 4/24/14
AYES: Hernandez, Morrell, De León, DeSaulnier, Evans, Monning,
Wolk
NO VOTE RECORDED: Beall, Nielsen
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/30/14
AYES: Hill, Gaines, Fuller, Hancock, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Public beaches: inspection for contaminants
SOURCE : San Diego County
DIGEST : This bill permits the Department of Public Health
(DPH), if a local health officer (LHO) demonstrates that the use
of United States Environmental Protection Agency (US EPA)
methods, or any equivalent, to determine the level of
enterococci bacteria as a single indicator provides a reliable
indication overall microbiological contamination conditions in
all or part of his/her jurisdiction, to authorize the use of
that testing method in that jurisdiction; and permits DPH, in
determining whether to authorize the use of those testing
methods by an LHO, to take into account whether the alternative
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indicators and related test method can provide results more
quickly, as specified.
ANALYSIS : 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.
This bill:
1.Permits DPH, if an LHO demonstrates or has demonstrated
through side-by-side testing over a beach season that the use
of US EPA methods, or any equivalent or improved rapid
detection method published by the US EPA for use in beach
water quality assessment, 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.
2.Permits DPH, in making the determination of whether to
authorize using the testing methods by an LHO, as specified in
#1 above, to take into account whether the alternative
indicators and related 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.
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Comments
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 United States
Environmental Protection Act 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
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 Internet 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.
Prior Legislation
SB 482 (Kehoe, Chapter 592, Statutes of 2011) transferred
primary jurisdiction of the Beach Water Quality Monitoring
Program to SWRCB.
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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).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, no significant
costs to DPH.
SUPPORT : (Verified 5/27/14)
San Diego County (source)
California Coastkeeper Alliance
San Diego Regional Chamber of Commerce
Surfrider Foundation
WILDCOAST
ARGUMENTS IN 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.
JL:nl 5/27/14 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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