BILL ANALYSIS �
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1395
AUTHOR: Block
AMENDED: March 25, 2014
HEARING DATE: April 24, 2014
CONSULTANT: Moreno
SUBJECT : Public beaches: inspection for contaminants.
SUMMARY : Permits the Department of Public Health (DPH), in
determining whether to require or authorize the testing of
public beach waters for indicators other than coliform and
enterococci bacteria, to take into account whether an
alternative indicator can provide results more quickly, as
specified. Permits DPH, if a local health officer demonstrates
that the use of an approved polymerase chain reaction testing
method to determine the level of enterococci bacteria as a
single indicator provides a reliable indication of overall
microbiological contamination conditions in all or part of
his/her jurisdiction, to authorize the use of that testing
method in that jurisdiction.
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.
4.Requires the regulations to, at a minimum:
a. Require the testing of the waters adjacent to all public
beaches for microbiological contaminants, including, but
Continued---
SB 1395 | Page 2
not limited to, total coliform, fecal coliform, and
enterococci bacteria. Permits DPH to require the testing of
waters adjacent to all public beaches for microbiological
indicators other than those, or a subset of those, if it
affirmatively establishes, based on the best available
scientific studies and the weight of the evidence, that the
alternative indicators are as protective of the public
health;
b. Establish protective minimum standards for total
coliform, fecal coliform, and enterococci bacteria, or for
other microbiological indicators or subset of indicators
that DPH determines are appropriate for testing; and,
c. Require that the waters adjacent to public beaches are
tested for total coliform, fecal coliform, and enterococci
bacteria, or for other microbiological indicators that DPH
determines are appropriate for testing. Requires testing to
be conducted on at least a weekly basis from April 1 to
October 31, inclusive, of each year, if the beach is
visited by more than 50,000 people annually or it is
located on an area adjacent to a storm drain that flows in
the summer.
This bill:
1.Permits DPH, in determining whether to require or authorize
the testing of public beach waters for indicators other than
coliform and enterococci bacteria, to take into account
whether an alternative indicator or subset of indicators, with
the associated 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.
2.Permits DPH, if a LHO demonstrates or has demonstrated through
side-by-side testing over a beach season that the use of an
approved polymerase chain reaction testing method to determine
the level of enterococci bacteria as a single indicator
provides a reliable indication of overall microbiological
contamination conditions in all or part of his/her
jurisdiction, to authorize the use of that testing method in
that jurisdiction instead of other testing methods.
3.Makes a number of technical, clarifying changes to public
beach sanitation regulation requirements under existing law.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
SB 1395 | Page
3
COMMENTS :
1.Author's statement. According to the author, current statute
requires beach water quality sampling and signage warning of
contaminated water when monitoring indicates bacteria levels
exceed state standards, or during other events that may pose a
threat to public health. To meet this requirement, local
agencies perform culture-based tests, which utilize a multiple
sample standard and include three indicators: total coliform,
fecal coliform, and enterococcus. The current culture-based
tests typically require at least 24-48 hours for results.
The United States Environmental Protection Agency (US EPA) in
an attempt to address the slow response time for culture-based
testing methods certified qualitative polymerase chain
reaction (qPCR) as a rapid measurement method. This
alternative method can return results in about four hours.
However, the current state statute does not authorize the use
of a single indicator test. Utilizing rapid test methods
shortens the amount of time that California's 238 million
beachgoers may unknowingly be at risk. It also allows
jurisdictions to more rapidly reopen closed beaches when the
threat of contamination is no longer present. Instead of
waiting one to two days for test results, they can be received
in four hours and acted upon quickly. During the summer
months, quick results are critical. This is good for
beachgoers, tourists and the economy.
2.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 US EPA 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
SB 1395 | Page 4
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
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 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.
3.Rapid indicator tests. According to the US EPA, beach water
quality monitoring typically tests for the presence of
"indicator bacteria" (usually enterococcus or E. coli
bacteria) whose presence has been correlated with the presence
of human pathogens. Currently, many approved methods for
measuring concentrations of enterococcus and E. coli in
recreational waters have been used for decades, but results
are typically not available for 24 hours. Therefore, the US
EPA indicates that decisions regarding safe beach usage are
made using one day old information at best, and may even be
made after a confirmation test which can take up to 72 hours
after the initial sample is collected.
According to the US EPA, qPCR is an emerging rapid indicator
testing technique that can be used to produce results in as
little as four hours. Since microbial water quality can change
rapidly, testing based on indicator organisms (that requires
24 hours to obtain results), may result in unnecessary beach
closings or exposure of swimmers to water of poor microbial
quality. The US EPA states that because qPCR methods provide a
faster assessment of water quality, they have the potential to
improve decision making for personnel involved in beach
management decisions.
4.Double referral. This bill is double referred. Should it pass
out of this committee, it will be referred to Environmental
Quality Committee.
SB 1395 | Page
5
5.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).
6.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.
SUPPORT AND OPPOSITION :
Support: County of San Diego (sponsor)
California Coastkeeper Alliance
Surfrider Foundation
WILDCOAST
Oppose: None received.
-- END --
SB 1395 | Page 6