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REFERENCE TITLE: fish contaminant monitoring program |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1340 |
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Introduced by Senators Mendez: Alston, Dalessandro, Steele; Representative Salman
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AN ACT
amending Title 49, chapter 2, article 1, Arizona Revised Statutes, by adding section 49-210.01; appropriating monies; relating to water quality control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 49, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 49-210.01, to read:
49-210.01. Fish contaminant monitoring program; health assessments; report; notice; program termination; definition
A. THE DEPARTMENT SHALL DEVELOP A COMPREHENSIVE WATER QUALITY MONITORING AND ASSESSMENT PROGRAM FOR THE EVALUATION OF POLYCHLORINATED BIPHENYLS AND ALUMINUM IN SPORT FISH TO BECOME PART OF THE FISH CONTAMINANT MONITORING PROGRAM. THE PROGRAM SHALL IDENTIFY AND MONITOR CHEMICAL CONTAMINATION IN SPORT FISH AND ASSESS THE HEALTH RISKS OF CONSUMPTION OF SPORT FISH CAUGHT BY MEMBERS OF THE PUBLIC.
B. THE DEPARTMENT of environmental quality SHALL CONSULT WITH THE ARIZONA GAME AND FISH DEPARTMENT, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND local or REGIONAL political subdivisions or private entities WITH JURISDICTION OVER WATER BODIES TO DETERMINE CHEMICAL THRESHOLDS, SAMPLING LOCATIONS AND THE SPECIES TO BE COLLECTED UNDER THE PROGRAM. THE PROGRAM DEVELOPED BY THE DEPARTMENT SHALL INCLUDE ALL OF THE FOLLOWING:
1. SCREENING STUDIES TO IDENTIFY FISHING AREAS WHERE FISH SPECIES HAVE THE POTENTIAL FOR ACCUMULATING POLYCHLORINATED BIPHENYLS AND ALUMINUM THAT POSE SIGNIFICANT HEALTH RISKS TO HUMAN CONSUMERS OF SPORT FISH.
2. THE ASSESSMENT OF AT LEAST twenty-five SCREENING STUDY SITES AND fifty SAMPLES IN THE FIRST FIVE YEARS OF THE PROGRAM AND AN ASSESSMENT OF ADDITIONAL SCREENING STUDY SITES AS TIME AND RESOURCES allow.
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 CONTAMinant DATA, THE DEPARTMENT of environmental quality SHALL DESIGNATE A MINIMUM OF fifteen SITES ACROSS this state AS FIXED SAMPLING LOCATIONS FOR THE ONGOING MONITORING EFFORT. EACH OF THESE FIXED SITES SHALL BE MONITORED EVERY three YEARS AS PART OF THE United States ENVIRONMENTAL PROTECTION AGENCY trIENNIAL WATER QUALITY REVIEWS.
D. THE DEPARTMENT of environmental quality SHALL CONTRACT WITH THE DEPARTMENT OF HEALTH services TO PREPARE COMPREHENSIVE HEALTH RISK ASSESSMENTS FOR SPORT FISH MONITORED IN THE PROGRAM as follows:
1. THE ASSESSMENTS SHALL BE BASED ON THE DATA COLLECTED BY THE PROGRAM AND INFORMATION ON FISH CONSUMPTION AND FOOD PREPARATION.
2. WITHIN EIGHTEEN MONTHS after THE COMPLETION OF A COMPREHENSIVE STUDY FOR EACH AREA DESIGNATED, THE DEPARTMENT of environmental quality SHALL SUBMIT A DRAFT HEALTH RISK ASSESSMENT REPORT FOR THAT AREA TO the governor, THE PRESIDENT OF THE SENATE and THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
3. HEALTH RISK ASSESSMENTS SHALL BE UPDATED FOLLOWING THE REASSESSMENT OF AREAS BY THE DEPARTMENT of environmental quality.
E. THE DEPARTMENT of environmental quality SHALL ISSUE HEALTH ADVISORIES WHEN THE department of environmental quality, in cooperation with the department of health services, DETERMINES THAT CONSUMING CERTAIN FISH 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. THE DEPARTMENT of environmental quality SHALL NOTIFY THE APPROPRIATE local HEALTH departments or districts, THE DEPARTMENT OF HEALTH services AND THE ARIZONA GAME AND FISH DEPARTMENT BEFORE THE ISSUANCE OF A HEALTH ADVISORY. THE NOTIFICATION SHALL PROVIDE SUFFICIENT INFORMATION FOR THE PURPOSE OF POSTING SIGNAGE.
F. THE DEPARTMENT of environmental quality SHALL URGE local HEALTH departments or districts TO CONSPICUOUSLY POST HEALTH WARNINGS IN AREAS WHERE CONTAMINATED FISH MAY BE CAUGHT, INCLUDING PIERS and parks and on COMMERCIAL PASSENGER FISHING VESSELS AND SHORE AREAS WHERE FISHING OCCURS. THE Arizona GAME AND FISH DEPARTMENT SHALL PUBLISH THE Arizona game and fish department'S HEALTH WARNINGS IN ITS SPORT FISHING REGULATIONS BOOKLET and shall conspicuously post health warnings on its website.
G. THE DEPARTMENT of environmental quality SHALL MONITOR ALL WATERS IN THE STATE FOR THESE FISH CONTAMINANTS and shall EXTEND ITS MERCURY MONITORING PROGRAM TO INCLUDE ALL WATERS IN THE STATE with SPECIAL EMPHASIS ON MONITORING URBAN LAKES AND PONDS USED FOR THE Arizona game and fish department's community fishing program.
H. The program established pursuant to this section ends on July 1, 2030 pursuant to section 41-3102.
I. For the purposes of this section, "sport fish" means game fish as defined in section 17-101.
Sec. 2. Appropriation; department of environmental quality; fish contaminant monitoring program; exemption
A. Notwithstanding section 45-2111, Arizona Revised Statutes, the sum of $200,000 is appropriated from the Arizona water protection fund established by section 45-2111, Arizona Revised Statutes, in fiscal year 2020-2021 to the department of environmental quality for the purposes provided in section 49-210.01, Arizona Revised Statutes, as added by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.