BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       SB 1395|
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                                 UNFINISHED BUSINESS


          Bill No:  SB 1395
          Author:   Block (D)
          Amended:  6/27/14
          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

           SENATE FLOOR  :  35-0, 5/28/14
          AYES:  Anderson, Beall, Berryhill, Block, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani,  
            Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Leno, Lieu,  
            Liu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley,  
            Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
          NO VOTE RECORDED:  Calderon, Knight, Lara, Wright, Yee

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Public beaches:  inspection for contaminants

           SOURCE  :     San Diego County


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           DIGEST  :    This bill authorizes the Department of Public Health  
          (DPH) to allow a local health officer (LHO) to use specified  
          polymerase chain reaction testing methods published by the  
          United States Environmental Protection Agency (US EPA) 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   at one or more beach locations  
          within that jurisdiction if the LHO 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.  This bill also  
          requires the DPH, in making the determination of whether to  
          authorize the use of those testing methods by a LHO, to take  
          into account whether the alternative indicators and related test  
          method can provide results more quickly, but does not require  
          the use of those testing methods.

           Assembly Amendments  allow the use of an approved alternative  
          test procedure and make minor changes.

           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 approved alternate test procedure or  

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            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, at one or more beach locations within that  
            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.

           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  

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          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.  

          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  8/26/14)

          San Diego County (source) 
          California Association of Environmental Administrators 
          California Coastkeeper Alliance
          San Diego Regional Chamber of Commerce
          Surfrider Foundation
          WILDCOAST

           OPPOSITION  :    (Verified  8/26/14)

          Department of Finance
          Department of Public Health
          Heal the Bay


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           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.  
          
           ARGUMENTS IN OPPOSITION  :    DPH writes in opposition, "At this  
          time, methods for qPCR testing are still evolving and sufficient  
          standardized quality control criteria have not yet been drafted.  
           DPH could not recommend or approve the use of qPCR methods  
          instead of conventional methods until those concerns have been  
          addressed.  US EPA is in the process of updating Method 1611 and  
          will be issuing Method 1609 - considered to be an improved  
          method - in the near future. Statutory changes should wait until  
          these methods are issued and sufficient epidemiological data and  
          protocol standardization is available to ensure the safety of  
          public health."


          JL:nl  8/26/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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