Bill Text: CA AB762 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public health: fish and shellfish: health advisories.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State - Chapter 538, Statutes of 2019. [AB762 Detail]
Download: California-2019-AB762-Amended.html
Section 13177.5 of the Water Code is amended to read:
No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
Bill Title: Public health: fish and shellfish: health advisories.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State - Chapter 538, Statutes of 2019. [AB762 Detail]
Download: California-2019-AB762-Amended.html
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Amended
IN
Senate
June 24, 2019 |
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Amended
IN
Assembly
March 11, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 762 |
| Introduced by Assembly Member Quirk |
February 19, 2019 |
An act to add Article 7 (commencing with Section 116090.6) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, and to amend Section 13177.5 of of, and to add Section 13177.4 to, the Water Code, relating to food health advisories.
LEGISLATIVE COUNSEL'S DIGEST
AB 762, as amended, Quirk.
Public health: fish and shellfish: health advisories.
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, instead of requiring county health officers to be urged to post health warnings pursuant to a health advisory under the program, would require local health officers, as defined, to 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. During a fiscal year in which the Legislature has appropriated sufficient funds, the bill would require health warnings to be posted at specified locations, and would require local health officers to coordinate with 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. For site-specific fish or shellfish health advisories that are issued by the office before January 1, 2020, the bill would require local health officers to post health warnings pursuant to these provisions on or before March 30,
2020, if funds for posting are appropriated by the Legislature. The bill would require a local health officer to post those warnings within 180 days of a determination by the Executive Director of the State Water Resources Control Board that the Legislature has appropriated sufficient funds. 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, upon an appropriation for this purpose, to award grants to local agencies and qualified nonprofit organizations for local health officers to meet the requirements of the bill.
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 no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 7 (commencing with Section 116090.6) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read:Article 7. Fish and Shellfish Consumption Advisories
116090.6.
For purposes of this article, the following terms have the following meanings:(a) “Local health officer” means the legally appointed health officer or director of environmental health of the city, county, or city and county, having jurisdiction over the area in which a publicly accessible body of water is located, which may include a coastal area.
(b) “Office” means the Office of Environmental Health Hazard Assessment.
(c) “Site-specific fish or shellfish health advisory” means a consumption advisory regarding fish or shellfish in a specified body of
water or area of that body of water, which may include a specified area of coastal waters.
116090.7.
(a) Upon issuance by the office of a site-specific fish or shellfish health advisory pursuant to Section 59011 of this code or Section 13177.5 of the Water Code, a local health officer shall conspicuously post health warnings at public access points to locations where contaminated fish or shellfish may be caught, including piers, jetties, lakes, reservoirs, and other areas where recreational or subsistence fishing is known to occur. The local health officer shall 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. The local health officer shall be responsible for maintaining the signage until the office rescinds or revises the relevant site-specific fish or shellfish health advisory.(b)(1)For site-specific fish or shellfish health advisories that are issued by the office before January 1, 2020, local
(b) (1) Local health officers shall post health warnings pursuant to this
section on or before March 30, 2020.
within 180 days of the determination made pursuant to subdivision (d).
(2)For site-specific fish or shellfish health advisories issued by the office after January 1, 2020, local health officers shall post health warnings within 30 days of notification by the office that a health advisory has been issued.
(3)
(2) At a minimum, the health warnings shall contain information on the
contaminants of concern and consumption guidelines issued
by the office.
(c) (1) The office shall make available on its internet website digital posters of health warnings for each site-specific fish or shellfish health advisory issued pursuant to this article that local health officers may use in meeting their responsibilities under this article.
(2) The office shall make the digital posters available in English, Spanish, and other languages that persons who commonly fish in the area will understand as determined by the office in consultation with the local health officer.
(d) A duty imposed on a local agency pursuant to this section is mandatory only during a fiscal year in which the Legislature has appropriated sufficient funds, as
determined by the Executive Director of the State Water Resources Control Board, in the annual Budget Act or otherwise, to cover a local agency’s costs associated with the performance of the duties imposed by this section.
SEC. 2.
Section 13177.4 is added to the Water Code, to read:13177.4.
(a) Upon an appropriation in the annual Budget Act or another statute for this purpose, the state board shall award grants to local agencies and qualified nonprofit organizations for local health officers to meet the requirements of Section 116090.7 of the Health and Safety Code.(b) Of funds appropriated for the purpose described in this section, the state board may use not more than 5 percent of the funds appropriated for its administrative costs.
SEC. 2.SEC. 3.
Section 13177.5 of the Water Code is amended to read:13177.5.
(a) The state board, in consultation with the Office of Environmental Health Hazard Assessment, shall develop a comprehensive coastal monitoring and assessment program for sport fish and shellfish, to be known as the Coastal Fish Contamination Program. The program shall identify and monitor chemical contamination in coastal fish and shellfish and assess the health risks of consumption of sport fish and shellfish caught by consumers.(b) The state board shall consult with the Department of Fish and Wildlife, the Office of Environmental Health Hazard Assessment, and regional water quality control boards with jurisdiction over territory along the coast, to determine chemicals, sampling
locations, and the species to be collected under the program. The program developed by the state board shall include all of the following:
(1) Screening studies to identify coastal fishing areas where fish species have the potential for accumulating chemicals that pose significant health risks to human consumers of sport fish and shellfish.
(2) The assessment of at least 60 screening study monitoring sites and 120 samples in the first five years of the program and an assessment of additional screening study sites as time and resources permit.
(3) Comprehensive monitoring and assessment of fishing areas determined through screening studies to have a potential for significant human health risk and a reassessment of
these areas every five years.
(c) Based on existing fish contamination data, the state board shall designate a minimum of 40 sites as fixed sampling locations for the ongoing monitoring effort.
(d) The state board shall contract with the Office of Environmental Health Hazard Assessment to prepare comprehensive health risk assessments for sport fish and shellfish monitored in the program. The assessments shall be based on the data collected by the program and information on fish consumption and food preparation. The Office of Environmental Health Hazard Assessment, within 18 months of the completion of a comprehensive study for each area by the state board, shall submit to the board a draft health risk assessment report for that area. Those health risk assessments shall
be updated following the reassessment of areas by the board.
(e) The Office of Environmental Health Hazard Assessment shall issue health advisories when the office determines that consuming certain fish or shellfish presents a significant health risk. The advisories shall contain information for the public, and particularly the population at risk, concerning health risks from the consumption of the fish or shellfish. The office shall notify the appropriate local health officers, as defined for the purposes of Article 7 (commencing with Section 116090.6) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, the State Department of Public Health, the state board, the appropriate regional board, and the Department of Fish and Wildlife before the issuance of a health advisory. The notification shall provide sufficient
information for the purpose of posting signage. The Department of Fish and Wildlife shall publish the office’s health warnings in its Sport Fishing Regulations Booklet.
