Alabama 2023 Regular Session

Alabama House Bill HB419 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HB419INTRODUCED
2	2	Page 0
3	3	EH7A29-1
4	4	By Representative Cole
5	5	RFD: State Government
6	6	First Read: 02-May-23
7	7	2023 Regular Session
8	8	1
9	9	2
10	10	3
11	11	4
12	12	5
13	13	6 EH7A29-1 05/01/2023 ZAK (L)cr 2023-1841
14	14	Page 1
15	15	SYNOPSIS:
16	16	This bill would require the State Health Officer
17	17	to issue an advisory regarding the consumption of fish
18	18	when deemed appropriate.
19	19	This bill would require the State Health Officer
20	20	to establish a panel to consider and advise upon fish
21	21	consumption advisories.
22	22	This bill would require the Alabama Department
23	23	of Environmental Management to regularly evaluate fish
24	24	species for pollutants.
25	25	This bill would require the Alabama Department
26	26	of Environmental Management to post signage at access
27	27	areas adjacent to waters with an active fish
28	28	consumption advisory.
29	29	This bill would require the Department of
30	30	Conservation and Natural Resources to notify fishing
31	31	license purchasers of active fish consumption
32	32	advisories.
33	33	This bill would also require holders of National
34	34	Pollution Discharge Elimination System permits to post
35	35	signage identifying where pollution is entering the
36	36	water.
37	37	1
38	38	2
39	39	3
40	40	4
41	41	5
42	42	6
43	43	7
44	44	8
45	45	9
46	46	10
47	47	11
48	48	12
49	49	13
50	50	14
51	51	15
52	52	16
53	53	17
54	54	18
55	55	19
56	56	20
57	57	21
58	58	22
59	59	23
60	60	24
61	61	25
62	62	26
63	63	27
64	64	28 HB419 INTRODUCEDHB419 INTRODUCED
65	65	Page 2
66	66	A BILL
67	67	TO BE ENTITLED
68	68	AN ACT
69	69	Relating to consumption of fishes; to require the State
70	70	Health Officer to issue advisories concerning fish consumption
71	71	and to establish a panel to advise on and discuss this issue;
72	72	to require the Department of Environmental Management to test
73	73	fishes for pollutants and post signage at water bodies
74	74	notifying of an active fish consumption advisory; to require
75	75	the Department of Conservation and Natural Resources to notify
76	76	fish license purchasers of all active advisories; and to
77	77	require holders of National Pollution Discharge Elimination
78	78	System permits to post signage identifying outfalls.
79	79	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
80	80	Section 1. This act shall be known and may be cited as
81	81	the Safe and Healthy Outdoor Recreation Act of 2023.
82	82	Section 2. The Legislature finds and declares the
83	83	following:
84	84	(1) That outdoor recreation, including catching,
85	85	cooking, and eating fish is a fundamental way of life for
86	86	countless residents of this state.
87	87	(2) That all Alabamians should have the right to know
88	88	whether it is safe to consume the fish they catch.
89	89	(3) That outdoor recreation-related illnesses stemming
90	90	from contact with polluted waters and contaminated fish pose a
91	91	severe public health risk to the people of Alabama.
92	92	(4) That persons who legally discharge pollutants into
93	93	29
94	94	30
95	95	31
96	96	32
97	97	33
98	98	34
99	99	35
100	100	36
101	101	37
102	102	38
103	103	39
104	104	40
105	105	41
106	106	42
107	107	43
108	108	44
109	109	45
110	110	46
111	111	47
112	112	48
113	113	49
114	114	50
115	115	51
116	116	52
117	117	53
118	118	54
119	119	55
120	120	56 HB419 INTRODUCEDHB419 INTRODUCED
121	121	Page 3
122	122	state waters owe a duty to the public to provide a clear and
123	123	concise notification of where such discharge points are
124	124	located.
125	125	Section 3. (a) The State Health Officer, in
126	126	consultation with the Director of the Alabama Department of
127	127	Environmental Management, shall issue a fish consumption
128	128	advisory when it is reasonable and necessary to protect public
129	129	health and well-being. The Alabama Department of Public Health
130	130	shall publish the advisory on its website in a clear and
131	131	concise manner and maintain a dedicated telephone number to
132	132	provide information related to the advisory.
133	133	(b) The State Health Officer shall establish an
134	134	advisory panel to analyze, develop, and implement the fish
135	135	consumption advisory program. The panel shall consist of, in a
136	136	number to be determined by the State Health Officer,
137	137	representatives from the Alabama Department of Public Health,
138	138	the Alabama Department of Environmental Management, the
139	139	Department of Conservation and Natural Resources, and any
140	140	other agency, business, nongovernmental organization, or
141	141	individual the State Health Officer determines appropriate.
142	142	The panel shall meet at least annually and consider tissue
143	143	sampling methodologies, water bodies and fish species to be
144	144	sampled, pollutant toxicity limits, strategies for
145	145	communicating consumption advisories to the public, and any
146	146	other subjects relevant to the program.
147	147	Section 4. The Alabama Department of Environmental
148	148	Management, in consultation with the Alabama Department of
149	149	Public Health, shall conduct regular fish tissue monitoring to
150	150	57
151	151	58
152	152	59
153	153	60
154	154	61
155	155	62
156	156	63
157	157	64
158	158	65
159	159	66
160	160	67
161	161	68
162	162	69
163	163	70
164	164	71
165	165	72
166	166	73
167	167	74
168	168	75
169	169	76
170	170	77
171	171	78
172	172	79
173	173	80
174	174	81
175	175	82
176	176	83
177	177	84 HB419 INTRODUCEDHB419 INTRODUCED
178	178	Page 4
179	179	evaluate safe consumption levels of fish species. The Alabama
180	180	Department of Environmental Management shall annually publish
181	181	a report on its website, which shall be made available for
182	182	public comment, detailing and identifying the methodology and
183	183	reasoning for evaluating the species and pollutants chosen.
184	184	Section 5. The Alabama Department of Environmental
185	185	Management shall post signage at any public boat ramp or
186	186	fishing area adjacent to state waters with an active fish
187	187	consumption advisory notifying the public of this fact. The
188	188	signage shall include a picture and the common name of each
189	189	fish species with an active advisory, the recommended
190	190	consumption levels for humans of these species, a specific
191	191	warning for pregnant or nursing women, and an Internet address
192	192	and telephone number from which to obtain additional
193	193	information. The Alabama Department of Environmental
194	194	Management may work with other state agencies, political
195	195	subdivisions of the state, nongovernmental organizations,
196	196	private corporations, or any other organization to implement
197	197	this subsection.
198	198	Section 6. The Department of Conservation and Natural
199	199	Resources shall, with each issuance of an electronic fishing
200	200	license, notify the licensee of current fish consumption
201	201	advisories by providing an Internet address to access all
202	202	active advisories online.
203	203	Section 7. (a) Each holder of a National Pollution
204	204	Discharge Elimination System permit, as required by Chapter
205	205	335-6-6 of the Alabama Administrative Code, shall post signage
206	206	within a reasonable distance from each discharge point
207	207	85
208	208	86
209	209	87
210	210	88
211	211	89
212	212	90
213	213	91
214	214	92
215	215	93
216	216	94
217	217	95
218	218	96
219	219	97
220	220	98
221	221	99
222	222	100
223	223	101
224	224	102
225	225	103
226	226	104
227	227	105
228	228	106
229	229	107
230	230	108
231	231	109
232	232	110
233	233	111
234	234	112 HB419 INTRODUCEDHB419 INTRODUCED
235	235	Page 5
236	236	identifying the pollution outfall into the receiving state
237	237	waters. The signage shall include the permit number, the name
238	238	of the permit holder, the names of the pollutants being
239	239	discharged, how to obtain more information, and any other
240	240	information that the Director of the Alabama Department of
241	241	Environmental Management deems necessary. The signage shall be
242	242	visible and legible to those on or near the receiving waters.
243	243	A good faith, documented effort by the permit holder to
244	244	maintain the signage shall serve as an affirmative defense for
245	245	its absence.
246	246	(b) Any holder of a permit issued, modified, or renewed
247	247	on or after the effective date of this act shall comply with
248	248	this section immediately. Each existing permit holder shall
249	249	comply with this section within 90 days after the effective
250	250	date of this act.
251	251	(c) A permit holder is exempt from this section if
252	252	compliance would be inconsistent with any other state or
253	253	federal law.
254	254	Section 8. This act shall become effective immediately
255	255	following its passage and approval by the Governor, or its
256	256	otherwise becoming law.
257	257	113
258	258	114
259	259	115
260	260	116
261	261	117
262	262	118
263	263	119
264	264	120
265	265	121
266	266	122
267	267	123
268	268	124
269	269	125
270	270	126
271	271	127
272	272	128
273	273	129
274	274	130
275	275	131
276	276	132
277	277	133