BATHING BEACH TESTING - H.B. 4719 (H-4): FLOOR ANALYSIS



House Bill 4719 (Substitute H-4 as reported by the Committee of the Whole)

Sponsor: Representative Patricia Birkholz

House Committee: Land Use and Environment

Senate Committee: Natural Resources and Environmental Affairs


CONTENT


The bill would amend the Public Health Code to require a local health official to notify the local unit before testing water quality at a bathing beach, and give notice of the results to the Department of Environmental Quality (DEQ), local unit, and owner of the bathing beach; and require a bathing beach owner to post whether the beach had been tested and, if tested, the location of the results. (Open stretches of beaches at road ends that were not advertised or posted as public bathing beaches would not need to have signs posted.)


Under the Code, a local health officer or an authorized representative of the local health department having jurisdiction may test and otherwise evaluate the quality of water at bathing beaches open to the public to determine whether the water is safe for bathing purposes. The bill would require the local health officer or authorized representative to notify the city, village, or township in which the bathing beach was located before conducting the test or evaluation. Also, within 36 hours after conducting the test or evaluation, the health officer or representative would have to notify the DEQ, the city, village, or township in which the beach was located, and the owner of the bathing beach of the results of the test or evaluation.


In addition, the bill would require the owner of a bathing beach to post at the main entrance to the beach or other visible location a sign stating whether or not the bathing beach had been tested or evaluated and, if the beach had been tested, the location of where the results could be reviewed.


(The term "bathing beach" would mean a beach or bathing area offered to the public for recreational bathing or swimming. It would not include a public swimming pool.)


MCL 333.12541 - Legislative Analyst: Nobuko Nagata


FISCAL IMPACT


The bill would result in an indeterminate increase in local government administrative expenditures, as well as an increase in State and local government costs for posting the required signs. For fiscal years 1999-2000 and 2000-01, the Department of Environmental Quality awarded, in total, greater than $250,000 in Clean Michigan Initiative-Clean Water Fund dollars to 11 local health departments, one city, and one local watershed initiative for beach monitoring. The awards covered monitoring activities at 266 beaches in 30 counties. The Conference Report on the FY 2002-03 Department of Environmental Quality budget includes $20,000 in Clean Michigan Initiative Clean Water Fund appropriations for the cost of the signs at the public beaches.


Date Completed: 6-24-02 - Fiscal Analyst: Pam GrahamFloor\hb4719 - Bill Analysis @ http://www.senate.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.