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

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Date Published: 04/14/2021 09:00 PM
AB1066:v97#DOCUMENT

Amended  IN  Assembly  April 14, 2021
Amended  IN  Assembly  March 29, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1066


Introduced by Assembly Member Bloom
(Coauthor: Senator Allen)

February 18, 2021


An act to add Article 2.1 (commencing with Section 115917) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to water quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 1066, as amended, Bloom. Freshwater recreation sites: water quality monitoring.
Existing law authorizes recreational activities in which there is bodily contact with the water by any participant in certain reservoirs only in accordance with prescribed requirements. Existing law requires the State Department of Public Health, by regulation and in consultation with the State Water Resources Control Board, local health officers, and the public, to establish, maintain, and amend, as necessary, minimum standards for the sanitation of public beaches.
Existing law requires, whenever any public beach fails to meet bacteriological standards established pursuant to those provisions, the local health officer to post the public beach with conspicuous warning signs to inform the public of the nature of the problem and the possibility of risk to public health. Existing law requires the board to continuously post and update on its internet website information documenting beach posting and closure data provided to the board by local health officers.
This bill would require, on or before December 31, 2022, the California Water Quality Monitoring Council, in consultation with the department, local health officers, and the public, to propose to the board a definition of a monitored freshwater recreation site. The bill would require the board, in consultation with the department, to establish, board to adopt, by regulation or resolution, a definition of a monitored freshwater recreation site that includes certain freshwater bodies that have a high frequency of use by the general public, informed by the definition proposed by the council. The bill would require the board, upon adoption of the definition, to identify and post on its an appropriate publicly accessible internet website specified above all monitored freshwater recreation sites in the state, state and require the owner or operator of a monitored freshwater recreation site to monitor the site, as prescribed, to provide certain public notifications online and through signage onsite for hazardous water quality conditions, onsite, and to submit all monitoring data and report monitoring samples to the board. The bill would require the board to post host the monitoring data it receives on its internet website specified above. an appropriate publicly accessible internet website.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 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
115917.

(a)The state board, in consultation with the department, shall do all of the following:

(1)Establish, 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 that includes freshwater bodies that have a high frequency of use by the general public. The definition of a monitored freshwater recreation site shall include a freshwater body that is any of the following:

115917.
 (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:

(A)

(1) Used for organized recreational events with water contact.

(B)

(2) Used for commercial purposes with water contact.

(C)

(3) Accessed through a required fee area and used for water contact.

(D)

(4) Used by 1,000 or more people per month for water contact recreation.

(E)

(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:

(2)

(1) Identify and post to its Beach Watch an appropriate publicly accessible internet website specified in subdivision (d) of Section 115910 all monitored freshwater recreation sites in the state.

(3)

(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 that protect public health. 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) Provide If the site fails to meet the bacteria standards specified in subparagraph (A), provide public notifications online and through signage onsite for hazardous water quality conditions 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 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.

(b)

(c) The state board shall post once per week host the monitoring data it receives pursuant to subparagraph (D) of paragraph (3) (2) of subdivision (a) to its Beach Watch (b) on an appropriate publicly accessible internet website specified in subdivision (d) of Section 115910. website.

(c)

(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.

(1)

(2) “Department” means the State Department of Public Health.

(2)

(3) “Regional board” means a California regional water quality control board.

(3)

(4) “State board” means the State Water Resources Control Board.