HB297INTRODUCED
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EZR49C-1
By Representative Lipscomb
RFD: Ports, Waterways & Intermodal Transit
First Read: 12-Apr-23
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5 EZR49C-1 04/12/2023 ZAK (L)cr 2023-1472
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SYNOPSIS:
This bill would require the State Health Officer
to issue an advisory regarding the consumption of fish
when deemed appropriate.
This bill would require the State Health Officer
to establish a panel to consider and advise upon fish
consumption advisories.
This bill would require the Alabama Department
of Environmental Management to regularly evaluate fish
species for pollutants.
This bill would require the Alabama Department
of Environmental Management to post signage at access
areas adjacent to waters with an active fish
consumption advisory.
This bill would require the Department of
Conservation and Natural Resources to notify fishing
license purchasers of active fish consumption
advisories.
This bill would require holders of National
Pollution Discharge Elimination System permits to post
signage identifying where pollution is entering the
water.
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A BILL
TO BE ENTITLED
AN ACT
Relating to consumption of fishes; to require the State
Health Officer to issue advisories concerning fish consumption
and to establish a panel to advise on and discuss this issue;
to require the Department of Environmental Management to test
fishes for pollutants and post signage at water bodies
notifying of an active fish consumption advisory; to require
the Department of Conservation and Natural Resources to notify
fish license purchasers of all active advisories; and to
require holders of National Pollution Discharge Elimination
System permits to post signage identifying outfalls.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Safe and Healthy Outdoor Recreation Act of 2023.
Section 2. The Legislature finds and declares the
following:
(1) That outdoor recreation, including catching,
cooking, and eating fish is a fundamental way of life for
countless residents of this state.
(2) That all Alabamians should have the right to know
whether it is safe to consume the fish they catch.
(3) That outdoor recreation-related illnesses stemming
from contact with polluted waters and contaminated fish pose a
severe public health risk to the people of Alabama.
(4) That persons who legally discharge pollutants into
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state waters owe a duty to the public to provide a clear and
concise notification of where such discharge points are
located.
Section 3. (a) The State Health Officer, in
consultation with the Director of the Alabama Department of
Environmental Management, shall issue a fish consumption
advisory when it is reasonable and necessary to protect public
health and well-being. The Alabama Department of Public Health
shall publish the advisory on its website in a clear and
concise manner and maintain a dedicated telephone number to
provide information related to the advisory.
(b) The State Health Officer shall establish an
advisory panel to analyze, develop, and implement the fish
consumption advisory program. The panel shall consist of, in a
number to be determined by the State Health Officer,
representatives from the Alabama Department of Public Health,
the Alabama Department of Environmental Management, the
Department of Conservation and Natural Resources, and any
other agency, business, nongovernmental organization, or
individual the State Health Officer determines appropriate.
The panel shall meet at least annually and consider tissue
sampling methodologies, water bodies, and fish species to be
sampled, pollutant toxicity limits, strategies for
communicating consumption advisories to the public, and any
other subjects relevant to the program.
Section 4. The Alabama Department of Environmental
Management, in consultation with the Alabama Department of
Public Health, shall conduct regular fish tissue monitoring to
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evaluate safe consumption levels of fish species. The Alabama
Department of Environmental Management shall annually publish
a report on its website, which shall be made available for
public comment, detailing and identifying the methodology and
reasoning for evaluating the species and pollutants chosen.
Section 5. The Alabama Department of Environmental
Management shall post signage at any public boat ramp or
fishing area adjacent to state waters with an active fish
consumption advisory notifying the public of this fact. The
signage shall include a picture and the common name of each
fish species with an active advisory, the recommended
consumption levels for humans of these species, a specific
warning for pregnant or nursing women, and an Internet address
and telephone number from which to obtain additional
information. The Alabama Department of Environmental
Management may work with other state agencies, political
subdivisions of the state, nongovernmental organizations,
private corporations, or any other organization to implement
this subsection.
Section 6. The Department of Conservation and Natural
Resources shall, with each issuance of an electronic fishing
license, notify the licensee of current fish consumption
advisories by providing an Internet address to access all
active advisories online.
Section 7. (a) Each holder of a National Pollution
Discharge Elimination System permit as required by Chapter
335-6-6 of the Alabama Administrative Code shall post signage
within a reasonable distance from each discharge point
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identifying the pollution outfall into the receiving state
waters. The signage shall include the permit number, the name
of the permit holder, the names of the pollutants being
discharged, how to obtain more information, and any other
information that the Director of the Alabama Department of
Environmental Management deems necessary. The signage shall be
visible and legible to those on or near the receiving waters.
A good faith, documented effort by the permit holder to
maintain the signage shall serve as an affirmative defense for
its absence.
(b) Any holder of a permit issued, modified, or renewed
on or after the effective date of this act shall comply with
this section immediately. Each existing permit holder shall
comply with this section within 90 days after the effective
date of this act.
(c) A permit holder is exempt from this section if
compliance would be inconsistent with any other state or
federal law.
Section 8. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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