BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1395| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 1395 Page 2 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 indicatorat 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 CONTINUED SB 1395 Page 3 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 CONTINUED SB 1395 Page 4 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 CONTINUED SB 1395 Page 5 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 **** END **** CONTINUED