BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1020 (Emmerson)
Hearing Date: 8/17/2009 Amended: 8/17/2009
Consultant: Katie Johnson Policy Vote: Health 9-0
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BILL SUMMARY: AB 1020 would conform state law to the federal
Virginia Graeme Baker Pool and Spa Safety Act (VGB Act) relating
to public pool safety. The bill would permit the California
Department of Public Health (CDPH) to assess a $6 fee to cover
its and the local health offices' costs of implementation.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
CDPH staffing and $0 $250 $250 Special*
regulations
Public education campaign $0 $150 $150 Special*
Local health officials' unknown, but likely in the Local
enforcement hundreds of thousands or
millions of dollars, offset by
an increase of local fees
Local revenues to $0 $80 $80 Special
offset enforcement
CDPH Fee Revenues to $0 $400 $400 Special*
offset expenditures
*Recreational Health Fund
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STAFF COMMENTS:
The federal Virginia Graeme Baker Pool and Spa Safety Act (VGB
Act) was adopted on December 19, 2007, and provides definitions,
standards, and programs related to pool safety. Existing federal
law also allows the Consumer Product Safety Commission (CPSC) to
enforce the provisions of the VGB Act.
Existing state law authorizes the California Department of
Public Health (CDPH) to establish public swimming pool
regulations to meet current health and safety practices,
standards, and operational requirements and also authorizes
local health officers (LHOs) to conduct inspections of pool
facilities to assess whether the regulations adopted by CDPH are
being met.
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AB 1020 (Emmerson)
This bill would conform state pool safety standards to the VGB
Act, with some exceptions. This bill would establish the
Recreational Health Fund.
This bill would permit CDPH to assess a fee not to exceed $6, to
be deposited into the Recreational Health Fund, to defray the
costs of implementation through January 1, 2014, and would
permit LHOs to collect the fee and to retain up to $1 to cover
the costs of administering the fee. There are approximately
80,000 public swimming pools in California. Staff notes that it
could cost local jurisdictions $100 - 200 per swimming pool to
enforce these provisions, which would include on-site
inspections. However, local health jurisdictions have general
fee authority and would increase fees to cover costs
accordingly.
CDPH would need two positions at a cost of approximately
$250,000 for start-up and ongoing annual expenditures related to
the implementation of this bill through January 1, 2014, to
promulgate regulations, provide technical guidance to the
regulated entities and LHOs, and review and approve
anti-entrapment drain covers and safety devices, among other
duties. The department would also contract out for services to
implement an educational media campaign to make the industry and
the public aware of the changes in pool and spa safety laws.
CDPH would expect to receive approximately $400,000 annually,
assuming a $5 fee and 80,000 swimming pools statewide, to cover
the initial and ongoing costs of implementing these provisions.