Bill Text: CA AB2599 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2599

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-Amended.html

Amended IN Assembly March 06, 2024

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~~ Sections 115885 and 116920 of the Health and Safety Code, relating to ~~public beaches.~~ water.

LEGISLATIVE COUNSEL'S DIGEST

AB 2599, as amended, Committee on Environmental Safety and Toxic Materials. ~~Public beaches: minimum standards: untreated sewage release: testing requirements.~~ Water: public beaches: discontinuation of residential water service.

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.

Existing law, the Water Shutoff Protection Act, authorizes the Attorney General, at the request of the State Water Resources Control Board or upon the Attorney General’s own motion, to bring an action in state court to, among other things, restore to any person in interest any money or property, real or personal, that may have been acquired by any method, act, or practice prohibited by the act.
This bill would instead authorize the Attorney General, at the request of the board or upon the Attorney General’s own motion, to bring an action in state court to restore to any person in interest any money or real property acquired by any method, act, or practice prohibited by the act. The bill would also state that these provisions do not provide public water systems with authorities not otherwise provided by law.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

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 health officer having jurisdiction over an area in which a public beach is created shall do all of the following:

(A) Inspect the public beach to determine whether the public beach is in compliance with the standards established pursuant to Section 115880. If the health officer finds a violation of the standards, the health officer may restrict the use of, or close, the public beach or portion of the public beach in which the violation occurs until the public beach is in compliance with the standards.

(B) Investigate a complaint of a violation of a standard established by the department pursuant to Section 115880. If the health officer finds a violation of the standards prescribed by the department, the health officer may restrict the use of, or close, the public beach or portion of the public beach until the 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, 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 of the public beach until the public beach is in compliance with the violated standard.

(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.

(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.

(E) Report 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.

(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.

(G) Notwithstanding any other 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.

SEC. 2.

Section 116920 of the Health and Safety Code is amended to read:

116920.

(a) The Attorney General, at the request of the board or upon the Attorney General’s own motion, may bring an action in state court to do either of the following:

(1) Restrain by temporary or permanent injunction the use of any method, act, or practice declared in this chapter to be unlawful.

(2) Restore to any person in interest any money or ~~property, real or personal, that may have been~~ real property acquired by any method, act, or practice declared by this chapter to be unlawful.

(b) For a covered water system regulated by the Public Utilities Commission, the commission may bring an action in state court to restrain by temporary or permanent injunction the use by a covered water system regulated by the commission of any method, act, or practice declared in this chapter to be unlawful.

(c) Nothing in this section provides public water systems with authorities not otherwise provided to those systems by law.