Section 115881 Of Article 2. Public Beaches From California Health And Safety Code >> Division 104. >> Part 10. >> Chapter 5. >> Article 2.
115881
. (a) Commencing January 1, 2012, the board shall be
responsible for all of the following:
(1) Directing the monitoring required to be conducted by Section
115880.
(2) Establishing and reviewing monitoring protocols, site
locations, and monitoring frequencies consistent with Section 115880.
(3) Identifying options for funding the monitoring needed to
fulfill the requirements of Section 115880, including options for
integrating and streamlining existing monitoring programs or
requirements associated with waste discharge requirements, total
maximum daily load implementation, or other monitoring programs. If a
regional board or state board issues waste discharge requirements
that require monitoring to meet the requirements set forth in
paragraph (1) of subdivision (c) of Section 115880, the monitoring
shall only be required to the extent that the discharge has the
potential to cause or contribute to exceedances of the standards
established pursuant to paragraph (2) of subdivision (c) of Section
115880. Nothing in this section shall preclude any discharger from
voluntarily participating in monitoring necessary to meet the
requirements of Section 115880.
(b) The establishment and review of monitoring protocols, site
locations, and monitoring frequencies by the board pursuant to this
section shall be done in consultation with the department and local
health officers, but shall not be subject to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
(c) Until June 30, 2016, not more than one million eight hundred
thousand dollars ($1,800,000) of the funds collected annually
pursuant to Section 13260 of the Water Code may be used, upon
appropriation by the Legislature, as a funding source for the
implementation of this article.
(d) Any duty imposed upon a local public officer or agency
pursuant to this section and Section 115880 shall be mandatory only
during a fiscal year in which the Legislature has appropriated
sufficient funds, as determined by the board, in the annual Budget
Act or otherwise for local agencies to cover the costs to those
agencies associated with the performance of these duties. The board
shall annually, within 15 days after enactment of the Budget Act,
file a written statement with the Secretary of the Senate and with
the Chief Clerk of the Assembly memorializing whether sufficient
funds have been appropriated.