REFERENCE TITLE: monitoring program; fish contaminants

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1356

Introduced by

Senators Mendez: Gabaldón, Miranda, Terán; Representative Salman

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:

START_STATUTE49-210.01. Fish contaminant monitoring program; health assessments; report; notice; definition

A. THE DEPARTMENT SHALL DEVELOP A COMPREHENSIVE WATER QUALITY MONITORING AND ASSESSMENT PROGRAM to evaluate pesticides, metals and other contaminants of concern IN SPORT FISH as PART OF THE FISH CONTAMINANT MONITORING PROGRAM.  THE PROGRAM SHALL IDENTIFY AND MONITOR CHEMICAL CONTAMINATION IN SPORT FISH AND ASSESS THE HEALTH RISKS OF consuming 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 acceptable contaminant THRESHOLDS, protocols for selecting SAMPLING LOCATIONS, sampling frequency and number and type of SPECIES TO BE monitored UNDER THE PROGRAM.  THE PROGRAM DEVELOPED BY THE DEPARTMENT of ENVIRONMENTAL quality SHALL INCLUDE ALL OF THE FOLLOWING:

1. Sampling and analyzing fish for PESTICIDES and metals from all waters in this state that support recreational fisheries without regard to the water body's DESIGNATION under the clean water act, with a Special emphasis on monitoring water and fish in urban areas.

2. Conducting the sampling and monitoring of fish as PRESCRIBED by paragraph 1 of this subsection at each site at least once every three years as part of the ENVIRONMENTAL PROTECTION agency triennial Water Quality Reviews.

3. Conducting annual screenings to identify new aquatic areas where fish have the potential for accumulating contaminants that can pose significant risks to ecosystems and human health.  Screening sites that show contaminant levels of potential concern shall be reassessed at least once every three years.

C. 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. After each triennial water quality review, THE DEPARTMENT of environmental quality SHALL SUBMIT A HEALTH RISK ASSESSMENT REPORT FOR this state's fisheries TO the Arizona water protection fund commission established by section 45-2103 and the Arizona game and fish commission.

D. 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 FISH from a monitoring site PRESENTS A SIGNIFICANT HEALTH RISK.  THE ADVISORIES SHALL CONTAIN INFORMATION FOR THE PUBLIC AND PARTICULARLY THE POPULATION AT RISK CONCERNING HEALTH RISKS FROM consuming 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 issuing A HEALTH ADVISORY.  THE NOTIFICATION SHALL PROVIDE SUFFICIENT INFORMATION FOR THE PURPOSE OF POSTING SIGNAGE.

E. THE DEPARTMENT of environmental quality SHALL CONSPICUOUSLY POST HEALTH advisory signs 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 department of environmental quality's HEALTH WARNINGS IN ITS SPORT FISHING REGULATIONS BOOKLET and shall conspicuously post health warnings in its online weekly fishing reports.  All signage and health advisories shall be provided in both English and spanish.

f. For the purposes of this section, "sport fish" means game fish as defined in section 17-101.END_STATUTE

Sec. 2. Appropriation; department of environmental quality; fish contaminant monitoring program; exemption 

A. The sum of $500,000 is appropriated from the state general fund in fiscal year 2023-2024 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.