Today's Law As Amended

PDF |Add To My Favorites |Track Bill | print page

AB-1066 Freshwater recreation sites: water quality monitoring.(2021-2022)

As Amends the Law Today


 Article 2.1 (commencing with Section 115917) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read:

Article  2.1. Monitored Freshwater Recreation Sites
 (a) On or before December 31, 2022, the council, in consultation with the department, local health officers, and the public, shall propose to the state board a definition of a monitored freshwater recreation site. In developing the proposed definition of a monitored freshwater recreation site, the council shall consider, at a minimum, a freshwater body that is any of the following:
(1) Used for organized recreational events with water contact.
(2) Used for commercial purposes with water contact.
(3) Accessed through a required fee area and used for water contact.
(4) Used by 1,000 or more people per month for water contact recreation.
(5) Designated by the state board or a regional board for water contact recreation (REC-1) beneficial use.
(b) The state board shall adopt, by regulation or by a resolution exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), a definition of a monitored freshwater recreation site informed by the definition proposed by the council pursuant to subdivision (a). Upon adoption of a definition of a monitored freshwater recreation site, the state board shall do both of the following:
(1) Identify and post to an appropriate publicly accessible internet website all monitored freshwater recreation sites in the state.
(2) Require the owner or operator of a monitored freshwater recreation site to do all of the following:
(A) Monitor the site for whether the site complies with E. coli and Enterococcus freshwater bacteria standards recommended by the United States Environmental Protection Agency in the 2012 Recreational Water Quality Criteria, or subsequently adopted criteria.
(B) Monitor the site once per week from Memorial Day to Labor Day, inclusive, annually. Any additional monitoring shall be at the discretion of the owner or operator.
(C) If the site fails to meet the bacteria standards specified in subparagraph (A), provide public notifications online and through signage onsite once per week, or as otherwise determined by the state board.
(D) Submit all monitoring data to the state board once per week.
(E) Collect and report to the state board a sufficient number of monitoring samples taken per site, as recommended by the council and approved by the state board, to ensure that the monitoring is representative of the conditions where water contact occurs.
(c) The state board shall host the monitoring data it receives pursuant to subparagraph (D) of paragraph (2) of subdivision (b) on an appropriate publicly accessible internet website.
(d) For purposes of this section, the following definitions apply:
(1) “Council” means the California Water Quality Monitoring Council established pursuant to Section 13181 of the Water Code.
(2) “Department” means the State Department of Public Health.
(3) “Regional board” means a California regional water quality control board.
(4) “State board” means the State Water Resources Control Board.