BILL ANALYSIS �
SB 482
Page 1
SENATE THIRD READING
SB 482 (Kehoe)
As Amended August 26, 2011
Majority vote
SENATE VOTE :25-14
ENVIRONMENTAL SAFETY 6-3 APPROPRIATIONS
11-6
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|Ayes:|Wieckowski, Campos, |Ayes:|Fuentes, Blumenfield, |
| |Chesbro, Davis, Feuer, | |Bradford, Charles |
| |Bonnie Lowenthal | |Calderon, Campos, Davis, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller, Morrell, Valadao |Nays:|Harkey, Donnelly, Gatto, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Transfers primary jurisdiction for the beach water
quality monitoring 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)Requires, commencing on January 1, 2010, the SWRCB to be
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.
3)Requires SWRCB to identify the 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
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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)Requires the SWRCB to consult with the DPH and local health
officers when establishing and reviewing monitoring protocols.
6)Exempts from regulatory review the establishment and review of
monitoring protocols.
7)Limits, until June 30, 2016, to $1,800,000, funds from the Waste
Discharge Permit Fund (WDPF) that can be used, upon appropriation
by the Legislature, as a funding source for the beach water
quality monitoring program.
8)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.
9)Limits the obligation of a local agency to post warning signs
near a beach that fails to meet bacteriological standards to
those fiscal years in which the Legislature has appropriated
sufficient funds, as determined by the SWRCB, to cover the costs
to the local agency to monitor and test public beaches.
10)Requires the SWRCB and the State Public Health Officer to,
within 15 days following enactment of the annual Budget Act, file
a written statement with the Legislature declaring whether the
budget includes funds sufficient to cover local costs.
11)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
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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 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 : According to the Assembly Appropriations
Committee, enactment of this bill could result in annual cost
pressure of as much as $1.8 million. (Waste Discharge Permit
Fund.) SWRCB estimates it will require approximately $1.8 million
to wholly fund local agency beach water monitoring. Actual costs
will depend upon Budget Act appropriations from the Waste Discharge
Permit Fund, as current law requires the SWRCB to assess waste
discharge fees sufficient to cover the amount appropriated in the
Budget Act from the fund.
COMMENTS :
Need for the bill : According to the author, "Recreating in waters
with increased bacteria concentrations has been directly linked to
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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 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
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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.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965 FN: 0002252