Bill Text: CA AB2599 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Water: public beaches: discontinuation of residential water service.
Spectrum: Committee Bill
Status: (Engrossed) 2024-08-08 - Read second time. Ordered to third reading. [AB2599 Detail]
Download: California-2023-AB2599-Introduced.html
The (1) A health officer having jurisdiction over the an area in which a public beach is created shall: shall do all of the following:
Bill Title: Water: public beaches: discontinuation of residential water service.
Spectrum: Committee Bill
Status: (Engrossed) 2024-08-08 - Read second time. Ordered to third reading. [AB2599 Detail]
Download: California-2023-AB2599-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2599
| Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Garcia (Chair), Hoover (Vice Chair), Connolly, McKinnor, Papan, Reyes, and Ta) |
February 14, 2024 |
An act to amend Section 115885 of the Health and Safety Code, relating to public beaches.
LEGISLATIVE COUNSEL'S DIGEST
AB 2599, as introduced, Committee on Environmental Safety and Toxic Materials.
Public beaches: minimum standards: untreated sewage release: testing requirements.
Existing law requires the State Department of Public Health to establish, maintain, and amend as necessary minimum standards for the sanitation of public beaches, as provided. Existing law requires the health officer, as defined, having jurisdiction over an area in which a public beach is created to do certain things, including, in the event of a known untreated sewage release, immediately test the waters adjacent to the public beach and, in the event an untreated sewage release that is known to have reached recreational waters adjacent to a public beach, immediately close those waters until it has been determined by the local health officer that the waters are in compliance with the standards.
This bill would authorize the health officer to meet the requirements described above by using test results from other parties that have conducted
microbiological contamination testing of the waters under the health officer’s jurisdiction, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 115885 of the Health and Safety Code is amended to read:115885.
(a)(1)
(A) Inspect the public beach to determine whether the public beach is in compliance with the standards established pursuant to Section 115880 are being complied with. 115880. If the health officer finds any a violation of the standards, he or she
the health officer may restrict the use of, or close, the public beach or portion thereof of the public beach in which the violation occurs until the standard is complied with. public beach is in compliance with the standards.
(2)
(B) Investigate any
a complaint of a violation of any a standard established by the department pursuant to Section 115880. If the health officer finds any a violation of the standards prescribed by the department, he or she the health officer may restrict the use of, or close, the public beach or portion thereof
of the public beach until the standard is complied with. public beach is in compliance with the standard. If the person who made the complaint is not satisfied with the action taken by the health officer, he or she the person may report the violation to the department. The department shall investigate the reported violation, and, if it finds that the violation exists, it may restrict the use of or close the public beach or portion thereof
of the public beach until the standard violated is complied with. public beach is in compliance with the violated standard.
(3)Whenever
(C) If a beach is posted, closed, or otherwise restricted in accordance with Section 115915, inform the agency responsible for the operation and maintenance of the public beach within 24 hours of
the posting, closure, or restriction.
(4)
(D) Establish a telephone hotline to inform the public of all beaches currently closed, posted, or otherwise restricted. The hotline shall be updated as needed in order to convey changes in public health risks.
(5)
(E) Report any
a violation of the standards established pursuant to Section 115880 to the district attorney, or if the violation occurred in a city and, pursuant to Section 41803.5 of the Government Code, the city attorney is authorized to prosecute misdemeanors, to the city attorney.
(6)
(F) In the event of a known untreated sewage release, immediately test the waters adjacent to the public beach and to take action pursuant to regulations established under Sections 115880 and 115881.
(7)
(G) Notwithstanding any other provision of law, in the event of an untreated sewage release that is known to have reached recreational waters adjacent to a public beach, immediately close those waters until it has been determined by the local health officer that the waters are in compliance with the standards established pursuant to Section 115880.
(2) The health officer may meet the requirements of subparagraphs (F) and (G) of paragraph (1) by using test results from other parties that have conducted microbiological contamination testing of the waters under the health officer’s jurisdiction. The sharing of data
by these parties pursuant to this paragraph shall be voluntary. The development of data-sharing protocols shall be at the discretion of these parties.
(b) If the department is aware of an untreated sewage release that has reached recreational waters adjacent to a public beach, and that the local health officer has not taken action to close the beach, it may take action to close those waters until the waters are in compliance.
(c) Any duty imposed upon a local public officer or agency pursuant to this section shall be mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as determined by the State Public Health Officer, in the annual Budget Act or otherwise for local agencies to cover the costs to those agencies associated with the performance of these duties. The State Public Health Officer shall annually, within
15 days after enactment of the Budget Act, file a written statement with the Secretary of the Senate and with the Chief Clerk of the Assembly memorializing whether sufficient funds have been appropriated.
