Existing law generally authorizes the Office of Environmental Health Hazard Assessment to advise all local health authorities and requires the office to control and regulate their actions when, in the office’s judgment, the public health is menaced by matters within its jurisdiction. Existing law requires the State Water Resources Control Board, in consultation with the office, to develop the Coastal Fish Contamination Program to identify and monitor chemical contamination in coastal fish and shellfish and assess the health risks of consuming sport fish and shellfish caught by consumers. Existing law requires the office, under that program, to issue health advisories when the office determines that consuming certain fish or shellfish presents a significant health risk. Existing law requires the office to notify the appropriate county health officers and specified state agencies before the issuance of a health advisory. In addition, existing law requires the office to urge county health officers, pursuant to the issuance of a health advisory, to conspicuously post health warnings in areas where contaminated fish or shellfish may be caught, including piers, commercial passenger fishing vessels, and shore areas where fishing occurs.

This bill would instead require local health officers, as defined, to be notified of a health advisory under that program, and would additionally require the State Water Resources Control Board and the appropriate regional water quality control board to be notified of the health advisory under that program. The bill would require, to the extent provided, local health officers, as defined, to conspicuously post health warnings upon the issuance of a site-specific fish or shellfish health advisory, as defined, under the program or pursuant to the office’s general authority to advise local health authorities. The bill would require the local health officer to coordinate with the office, the State Department of Public Health, the Department of Fish and Wildlife, and the appropriate regional water quality control board to identify appropriate posting locations and signage. Upon an appropriation, the bill would require the State Water Resources Control Board to award grants to local agencies, or to qualified nonprofit organizations to distribute to local agencies, to post required warnings. The bill would require a local health officer to post those warnings within 180 days of receiving grant funding to post the warnings or, if the local health officer did not request grant funding, within 180 days of the deadline for requesting grant funding for that fiscal year. By imposing additional duties on local officials, this bill would impose a state-mandated local program.

The bill would require the Office of Environmental Health Hazard Assessment to make available on its internet website digital posters of health warnings for each site-specific fish or shellfish health advisory issued pursuant to these provisions, as specified. The bill would require the State Water Resources Control Board to submit a report to the Legislature on or before December 31, 2022, containing specified information relating to the implementation of the above provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.