BILL ANALYSIS �
SB 482
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Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
SB 482 (Kehoe) - As Amended: June 20, 2011
SENATE VOTE : 25-14
SUBJECT : Public beach contamination: standards: testing:
closing.
SUMMARY : Transfers primary jurisdiction for the beach water
quality monitoring and testing program from the California
Department of Public Health (DPH) to the State Water Resources
Control Board (SWRCB). Specifically, this bill :
1)Requires DPH to also consult with the SWRCB when establishing,
maintaining, and amending as necessary, minimum standards for
the sanitation of public beaches.
2)Transfers, commencing on January 1, 2010, primary jurisdiction
for state administration of beach monitoring and testing, as
specified, from DPH to the SWRCB.
3)Gives SWRCB primary jurisdiction for the identification of
options for funding the monitoring needed to fulfill minimum
standards for the sanitation of public beaches, including
options for integrating and streamlining existing monitoring
programs or requirements associated with waste discharge
requirements, Total Maximum Daily Load implementation, or
other monitoring programs.
4)Specifies that if a regional water quality control board or
the SWRCB issues waste discharge requirements that require
monitoring to meet testing requirements, the monitoring shall
only be required to the extent that the discharge has the
potential to cause or contribute to exceedances of minimum
standards for total coliform, fecal coliform, and enterococci
bacteria, or for other microbiological indicators.
5)Authorizes DPH, if it is aware of an untreated sewage release
that has reached recreational waters adjacent to a public
beach, and that the local health officer has not taken action
to close the beach, to take action to close those waters until
the waters are in compliance.
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6)Makes technical, conforming changes.
EXISTING LAW :
1)Requires DPH, by regulation and in consultation with local
health officers and the public, to establish minimum standards
for the sanitation of public beaches. Requires the
regulations to, at a minimum, require testing of the waters
adjacent to all public beaches for microbiological
contaminants; establish protective minimum standards for
microbiological indicators; and, establish protocols for beach
monitoring and testing and for public notification of health
hazards at public beaches.
2)Requires the local health officer to implement and enforce the
beach water quality program by, among other requirements,
inspecting public beaches and testing beach water for
compliance with water quality standards; posting warning signs
near, restricting the use of or closing beaches where water
quality standards have not been met; and submitting a survey
documenting all beach closings and closures due to water
quality issues to the SWRCB. Specifies that this requirement
is only mandatory during a fiscal year in which the
Legislature has appropriated sufficient funds, as determined
by the State Director of Health Services (now DPH), in the
annual Budget Act or otherwise for local agencies to cover the
costs to those agencies associated with the performance of
these duties.
3)Authorizes the SWRCB and the regional water quality control
boards to establish waste discharge requirements for the
discharge of stormwater by municipalities and industries in
accordance with the federal Clean Water Act. Requires the
SWRCB to, on a monthly basis, make available to the public
information on beach water quality provided by the local
health officers. Requires the SWRCB to assess waste discharge
fees at a level sufficient to pay for the amount appropriated
in the Budget Act from the Waste Discharge Permit Fund (WDPF).
4)Authorizes any city or county to adopt standards for the
sanitation of public beaches within its jurisdiction that are
stricter than the standards adopted by the DPH.
FISCAL EFFECT : Unknown.
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COMMENTS :
Need for the bill : According to the author's office,
"Recreating in waters with increased bacteria concentrations has
been directly linked to human health impacts, ranging from
nausea and skin rashes to pinkeye, respiratory infections,
meningitis and hepatitis. Poor beach water quality in Los
Angeles and Orange Counties alone is associated with as many as
1.5 million excess cases of gastrointestinal illness a year.
This equates to an economic loss of $21 to $51 million per year.
California depends heavily on coastal tourism revenue ($9.9
billion a year), which could be jeopardized by a lack of routine
monitoring. Clean beaches are a vital source of tourism and
livelihood for the state, with between 150 million and nearly
400 million visits made to California beaches each year. A
beach water quality monitoring program allows agencies to
collect samples at least on a weekly basis and post the
necessary health warnings. In other words, this program keeps
the millions of beach-goers in California safe."
California beach water quality program : The SWRCB touts
California's beach water quality program as the most extensive
and comprehensive monitoring and regulatory program for beaches
in the nation. Under this program, DPH is required to
promulgate regulations to establish standards for beach water
quality, require testing of public beach water for
microbiological contaminants, and establish protocols for public
notification of health hazards at public beaches. Local health
officers are required to conduct the public health beach
monitoring and regulatory program within their jurisdictions and
to report beach water quality and closure information to the
SWRCB. The SWRCB is then required to provide the information
provided by the local health officers to the public.
This bill would realign responsibilities for administering the
beach monitoring program by leaving the responsibility for
setting standards for the sanitation of public beaches with DPH,
and by transferring the responsibility for administering
provisions related to monitoring protocols, site locations and
frequency to the SWRCB.
Funding the beach water quality program : Under current law,
local public health officers are only responsible for conducting
beach water quality testing during fiscal years in which the
state has provided adequate funds for that purpose. In fiscal
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year 2008-09, Governor Schwarzenegger vetoed from the DPH budget
$1 million in General Funds for this program. Since then, the
SWRCB has provided temporary funding for local beach monitoring
using bond monies from Proposition 13, federal stimulus funds,
and the Cleanup and Abatement Account to keep the program
running. Currently, bond funds that can be used to continue
beach monitoring have been exhausted, and there is no ongoing
source of revenue available to support these programs.
This bill would create the opportunity to continue funding for
the beach water quality program through water quality fees that
are assessed by the SWRCB. Under current law, the SWRCB is
required to assess waste discharge fees at a level sufficient to
pay for the amount appropriated in the Budget Act from the Waste
Discharge Permit Fund (WDPF). This bill would provide the
opportunity for the State Water Board to propose, through the
Budget process, increased expenditure authority from the WDPF to
pay for its responsibilities under the bill, and thereby provide
for continued funding for the beach water quality program.
Arguments in support : Supporters argue that SB 482 will help to
provide stability to the highly successful beach water quality
monitoring program under which local environmental health
agencies test the quality of the water off our most popular
beaches and warn beach users when it is not safe to swim. They
argue that since General Fund funding has been eliminated and
temporary funding will end on January 1, 2012, this important
public health service is at risk. They contend that this bill
will authorize the SWRCB to secure sustainable funding for this
important program that not only safeguards public health but
helps to protect the multi-billion dollar coastal recreational
industry that is so heavily dependent on clean and safe beaches.
Arguments in opposition : Opponents argue that SB 482 would have
the effect of transferring the cost of a program of general
interest onto water quality permit holders, going beyond a
reasonable nexus of the potential impacts of their discharges on
water quality. They contend that local wastewater and
stormwater resources already contribute to these monitoring
efforts. The Orange County Sanitation District asserts that it
already contributes to local monitoring efforts and that they
work collaboratively with the County Health Department. They
claim that SB 482 could impede their local efforts.
Related legislation : AB 1200 (Ma) requires a local public
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agency operating a combined sewer and stormwater system to
implement a notification plan to inform the public of a
discharge from the system that occurs near a recreational beach,
which includes notification at the recreational beach. This
bill is pending hearing in the Senate Environmental Quality
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support:
California Association of Environmental Health Administrators
(sponsor)
Alameda County, Department of Environmental Health
California Coastal Coalition
California Coastkeeper Alliance
Center for Oceanic Awareness, Research and Education
Humboldt County, Department of Public Health
Los Angeles County, Department of Health and Human Services
Marin County, Environmental Health Services
Monterey County, Board of Supervisors
Natural Resources Defense Council
San Diego County
San Luis Obispo Coastkeeper
Save Our Shores
Sierra Club California
Opposition:
California Association of Sanitation Agencies
Orange County Sanitation District
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965