BILL ANALYSIS �
SB 1395
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Date of Hearing: June 17, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis A. Alejo, Chair
SB 1395 (Block) - As Amended: May 22, 2014
SENATE VOTE : 35-0
SUBJECT : Public Beach Water Quality Testing
SUMMARY : Authorizes the use specified for water quality
testing at public beaches. Specifically, this bill : Allows
the Department of Public Health (DPH) to authorize the use of
that testing method in that jurisdiction instead of other
testing methods if the local agency:
1)Demonstrates through side-by-side testing over a beach season
that the use of rapid detection method published by the US EPA
for use in beach water quality assessment; and,
2)Determines 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,
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.
2)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.
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to the author, "SB 1395 authorizes
counties to use rapid tests to determine beach water quality, if
they comply with federal Environmental Protection Agency (EPA)
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guidance. Specifically the bill authorizes the California
Department of Public Health (CDPH) to allow local health
officers to measure beach water quality using a specific single
rapid test, if it proves to be a reliable indicator of public
health standards."
Beach water testing in California : Counties conduct the public
health beach monitoring and regulatory program within their
jurisdictions. According to the State Water Resources Control
Board, 17 California counties annually sample at 656 monitoring
stations at 291 beaches. There are 515 miles of beaches
monitored and 28,000 samples collected annually. Water quality
samples are currently analyzed for three indicators:
enterococcus, total coliform (TC), and fecal coliform (FC)
bacteria.
Local health agencies are responsible for issuing advisories
(postings) and closures. An advisory is issued when the results
of testing indicate that one or more bacterial levels exceed the
Ocean Water Contact Sport Standards issued by the CDPH. Posted
advisories usually are placed as signs at the beach and often
along access points to the beach saying that swimming may cause
illness. Beach closures are the result of sewage spills that
will or have the potential to reach coastal waters. Closures
are issued immediately upon notification by the agency
responsible for the spill and closure signs are posted along the
beach. For beach closures, the water remains off limits for
wading, swimming, and surfing until bacterial standards are met.
Information about current posting (advisory) and closure events
are also available for most counties on their web sites and
telephone hotlines.
Rapid monitoring : The Southern California Coastal Water Research
Project has shown the ability of rapid indicator methods to
predict health effects. Current beach monitoring methods are
too slow to keep pace with changes in the environment.
According to recent studies, most sources of contamination are
intermittent and last less than one day. Thus, contaminated
beaches may stay open to swimmers while samples are being
processed, and return to safe conditions by the time warnings
are issued the next day. Samples collected each morning could
allow beach managers to assess the microbiological safety of the
beach before most beachgoers are exposed. Incorporation of rapid
measurements, such as these, into a regulatory framework has the
potential to improve beach management decisions and protect
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swimmers' health.
DPH standard setting . Current law (Health and Safety Code
Section 115880 (c) (1) provides that DPH may authorize subject
to regulations alternative testing protocols for beach testing.
The sponsors of AB 1395 believe that a legislatively prescribed
process would be more efficient and timely than the DPH
regulatory development process.
REGISTERED SUPPORT / OPPOSITION :
Support :
San Diego County (source)
California Coastkeeper Alliance
San Diego Regional Chamber of Commerce
Surfrider Foundation
WILDCOAST
Opposition :
None received
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965