Alabama 2023 Regular Session

Alabama Senate Bill SB105 Compare Versions

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1	1	SB105INTRODUCED
2	2	Page 0
3	3	MT3BHW-1
4	4	By Senator Coleman-Madison
5	5	RFD: Healthcare
6	6	First Read: 21-Mar-23
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11	11	5 MT3BHW-1 03/15/2023 ZAK (L)cr 2023-633
12	12	Page 1
13	13	SYNOPSIS:
14	14	This bill would require the State Health Officer
15	15	to issue an advisory regarding the consumption of fish
16	16	when deemed appropriate.
17	17	This bill would require the State Health Officer
18	18	to establish a panel to consider and advise upon fish
19	19	consumption advisories.
20	20	This bill would require the Alabama Department
21	21	of Environmental Management to regularly evaluate fish
22	22	species for pollutants.
23	23	This bill would require the Alabama Department
24	24	of Environmental Management to post signage at access
25	25	areas adjacent to waters with an active fish
26	26	consumption advisory.
27	27	This bill would require the Department of
28	28	Conservation and Natural Resources to notify fishing
29	29	license purchasers of active fish consumption
30	30	advisories.
31	31	This bill would require holders of National
32	32	Pollution Discharge Elimination System permits to post
33	33	signage identifying where pollution is entering the
34	34	water.
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62	62	28 SB105 INTRODUCEDSB105 INTRODUCED
63	63	Page 2
64	64	A BILL
65	65	TO BE ENTITLED
66	66	AN ACT
67	67	Relating to consumption of fishes; to require the State
68	68	Health Officer to issue advisories concerning fish consumption
69	69	and to establish a panel to advise on and discuss this issue;
70	70	to require the Department of Environmental Management to test
71	71	fishes for pollutants and post signage at water bodies
72	72	notifying of an active fish consumption advisory; to require
73	73	the Department of Conservation and Natural Resources to notify
74	74	fish license purchasers of all active advisories; and to
75	75	require holders of National Pollution Discharge Elimination
76	76	System permits to post signage identifying outfalls.
77	77	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
78	78	Section 1. This act shall be known and may be cited as
79	79	the Safe and Healthy Outdoor Recreation Act of 2023.
80	80	Section 2. The Legislature finds and declares the
81	81	following:
82	82	(1) That outdoor recreation, including catching,
83	83	cooking, and eating fish is a fundamental way of life for
84	84	countless residents of this state.
85	85	(2) That all Alabamians should have the right to know
86	86	whether it is safe to consume the fish they catch.
87	87	(3) That outdoor recreation-related illnesses stemming
88	88	from contact with polluted waters and contaminated fish pose a
89	89	severe public health risk to the people of Alabama.
90	90	(4) That persons who legally discharge pollutants into
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120	120	state waters owe a duty to the public to provide a clear and
121	121	concise notification of where such discharge points are
122	122	located.
123	123	Section 3. (a) The State Health Officer, in
124	124	consultation with the Director of the Alabama Department of
125	125	Environmental Management, shall issue a fish consumption
126	126	advisory when it is reasonable and necessary to protect public
127	127	health and well-being. The Alabama Department of Public Health
128	128	shall publish the advisory on its website in a clear and
129	129	concise manner and maintain a dedicated telephone number to
130	130	provide information related to the advisory.
131	131	(b) The State Health Officer shall establish an
132	132	advisory panel to analyze, develop, and implement the fish
133	133	consumption advisory program. The panel shall consist of, in a
134	134	number to be determined by the State Health Officer,
135	135	representatives from the Alabama Department of Public Health,
136	136	the Alabama Department of Environmental Management, the
137	137	Department of Conservation and Natural Resources, and any
138	138	other agency, business, nongovernmental organization, or
139	139	individual the State Health Officer determines appropriate.
140	140	The panel shall meet at least annually and consider tissue
141	141	sampling methodologies, water bodies and fish species to be
142	142	sampled, pollutant toxicity limits, strategies for
143	143	communicating consumption advisories to the public, and any
144	144	other subjects relevant to the program.
145	145	Section 4. The Alabama Department of Environmental
146	146	Management, in consultation with the Alabama Department of
147	147	Public Health, shall conduct regular fish tissue monitoring to
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177	177	evaluate safe consumption levels of fish species. The Alabama
178	178	Department of Environmental Management shall annually publish
179	179	a report on its website, which shall be made available for
180	180	public comment, detailing and identifying the methodology and
181	181	reasoning for evaluating the species and pollutants chosen
182	182	Section 5. The Alabama Department of Environmental
183	183	Management shall post signage at any public boat ramp or
184	184	fishing area adjacent to state waters with an active fish
185	185	consumption advisory notifying the public of this fact. The
186	186	signage shall include a picture and the common name of each
187	187	fish species with an active advisory, the recommenced
188	188	consumption levels for humans of these species, a specific
189	189	warning for pregnant or nursing women, and an internet address
190	190	and telephone number from which to obtain additional
191	191	information. The Alabama Department of Environmental
192	192	Management may work with other state agencies, political
193	193	subdivisions of the state, nongovernmental organizations,
194	194	private corporations, or any other organization to implement
195	195	this subsection.
196	196	Section 6. The Department of Conservation and Natural
197	197	Resources shall, with each issuance of an electronic fishing
198	198	license, notify the licensee of current fish consumption
199	199	advisories by providing an internet address to access all
200	200	active advisories online.
201	201	Section 7. (a) Each holder of a National Pollution
202	202	Discharge Elimination System permit as required by Chapter
203	203	335-6-6 of the Alabama Administrative Code shall post signage
204	204	within a reasonable distance from each discharge point
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234	234	identifying the pollution outfall into the receiving state
235	235	waters. The signage shall include the permit number, the name
236	236	of the permit holder, the names of the pollutants being
237	237	discharged, how to obtain more information, and any other
238	238	information that the Director of the Alabama Department of
239	239	Environmental Management deems necessary. The signage shall be
240	240	visible and legible to those on or near the receiving waters.
241	241	A good faith, documented effort by the permit holder to
242	242	maintain the signage shall serve as an affirmative defense for
243	243	its absence.
244	244	(b) Any holder of a permit issued, modified, or renewed
245	245	on or after the effective date of this act shall comply with
246	246	this section immediately. Each existing permit holder shall
247	247	comply with this section within 90 days after the effective
248	248	date of this act.
249	249	(c) A permit holder is exempt from this section if
250	250	compliance would be inconsistent with any other state or
251	251	federal law.
252	252	Section 8. This act shall become effective immediately
253	253	following its passage and approval by the Governor, or its
254	254	otherwise becoming law.
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