SB 105 — 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 Alabama Department of Environmental Management to test fishes for pollutants and post signage at water bodies notifying of an active fish consumption advisory; and to require the Department of Conservation and Natural Resources to notify fish license purchasers of all active advisories.

SB105 INTRODUCEDENGROSSED MT3BHW-1MT3BHW-2 By SenatorSenators Coleman-MadisonColeman-Madison, Smitherman, Jones, Hatcher, Stewart RFD:

21-Mar-23 Page2023 0Regular MT3BHW-1Session 03/15/2023Page ZAK0 (L)crSB105 2023-633Engrossed 2 4 SYNOPSIS:A BILL TO BE ENTITLED AN ACT 9 Relating to consumption of fishes;

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.

Page 1 SB105 INTRODUCED A BILL TO BE ENTITLED AN ACT Relating to consumption of fishes;

to require the Alabama Department of Environmental Management to test fishes for pollutants and post signage at water bodies notifying of an active fish consumption advisory;

and to require the Department of Conservation and Natural Resources to notify fish license purchasers of all active advisories;advisories.

and to require holders of National Pollution Discharge Elimination System permits to post signage identifying outfalls.

(3) That outdoor recreation-related illnesses stemming from contact with polluted waters and contaminated fish pose a Page 1 SB105 Engrossed severe public health risk to the people of Alabama.

(4) That persons who legally discharge pollutants into Page 2 SB105 INTRODUCED state waters owe a duty to the public to provide a clear and concise notification of where such discharge points are located.

The Alabama Department of Environmental Management, in consultation with the Alabama Department of Public Health, shall conduct regular fish tissue monitoring to Page 3 SB105 INTRODUCED evaluate safe consumption levels of fish species.

The Alabama Department of Environmental Management shall annually publish Page 2 SB105 Engrossed 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 chosenchosen. Section 5.

TheSection Alabama5. 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 signageAlabama shallDepartment include a picture and the common name of eachEnvironmental 95Management fishshall speciespost withsignage anat activeany advisory,public theboat recommencedramp consumptionadjacent levelsto forstate humanswaters ofwith these species, a specific warning for pregnant or nursing women, and an internetactive addressfish andconsumption telephoneadvisory numbernotifying fromthe whichpublic toof obtainthis additionalfact. information.

The Alabamasignage Departmentshall ofinclude Environmentala Managementtelephone maynumber workfor withthe otherdepartment, statean agencies,Internet politicaladdress, subdivisionsand ofa thequick state,response nongovernmentalcode organizations,for privatea corporations,website orfrom anywhich otherto organizationobtain toinformation implementabout thisfish subsection.consumption advisories, water quality, and water discharge permits.

The Alabama Department of Environmental Management may consult with other state agencies, political subdivisions of the state, nongovernmental organizations, private corporations, or any other organization to implement this subsection.

The Department of Conservation and Natural ResourcesResources, shall, with each issuance of an electronic fishing license, shall notify the licensee of current fish consumption advisories by providing an internetInternet address to access all active advisories online.

(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 Page 4 SB105 INTRODUCED 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.

Page 53 SB105 Engrossed 81 Senate Read for the first time and referred ................21-Mar-23 to the Senate committee on Healthcare 87 Read for the second time and placed ................03-May-23 on the calendar:

0 amendments 91 Read for the third time and passed ................24-May-23 as amended Yeas 33 Nays 0 Abstains 0 97 Patrick Harris, Secretary.

Page 4