SUBJECT:  CONSIDERATION OF A PROPOSED RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE, EXECUTE, AND AMEND, AS NECESSARY, AN INTERAGENCY AGREEMENT WITH THE DEPARTMENT OF FISH AND GAME TO CONTINUE OPERATION OF THE TOXIC SUBSTANCES MONITORING PROGRAM AND THE STATE MUSSEL WATCH PROGRAM IN FISCAL YEARS (FYs) 1999-00, 2000-01, AND 2001-02.

DISCUSSION: The State Water Resources Control Board's (SWRCB) Toxic Substances Monitoring Program (TSMP) and the State Mussel Watch Program (SMWP) initiated in 1976 are designed to detect the presence and concentration of toxic pollutants in fish, mussels, clams, and other aquatic organisms in selected fresh, estuarine, and marine waters. The Department of Fish and Game (DFG), for 23 years, has satisfactorily operated the field collection and laboratory aspects of the TSMP and SMWP for the SWRCB in accordance with interagency agreements. The current agreement with DFG for the TSMP and SMWP expires on June 30, 1999. The agreement proposed would extend the TSMP and SMWP to June 30, 2002. Authorization for a three-year interagency agreement, instead of the standard one-year agreement, is proposed in order to reduce the amount of staff time spent on preparation of each annual agenda item and contract.
The TSMP is based on analysis of fish tissue while the SMWP analyzes resident or transplanted mussels and clams. Tissue samples are analyzed for trace elements, pesticides, and polychlorinated biphenyls (PCBs). Aquatic organisms can bioaccumulate and bioconcentrate many toxic substances to levels of concern even though they may remain undetected in the water column samples. Furthermore, concentrations of pollutants in fish and shellfish may be more sensitive indicators of the condition of a water body than the concentrations in the water alone.
The TSMP and SMWP were designed and implemented to provide the SWRCB with long-term information on the existence and relative quantities and trends of toxic pollutants in California's fresh, estuarine, and marine waters. The information produced by these programs is used to track temporal trends and geographic distribution of toxic substances and to identify potential problem areas where more intensive studies are necessary. Past successes of the programs include the development of fish consumption health advisories by the Office of Environmental Health Hazard Assessment using TSMP data and the identification in the SMWP of sources of PCB pollution in San Diego Bay and Los Angeles Harbor.
In past years, intensive studies, developed with the coordination of California Regional Water Quality Control Boards (RWQCBs), have become an important part of the program. RWQCBs are actively involved in determining the best sampling locations and test organisms in the base programs. The FY 1999-00 sampling schedule is currently being developed by SWRCB and RWQCB staffs.
Staff is requesting authorization to expend up to $320,000 for the proposed implementation of TSMP and SMWP in FY 1999-00. Staff anticipates the need for a similar maximum amount for the TSMP and SMWP in FYs 2000-01 and 2001-02. The maximum three-year grand total is expected to be $960,000. The actual amounts will be determined via the annual budget process.

POLICY ISSUE: Should the SWRCB adopt a proposed resolution authorizing the Executive Director or his designee to negotiate, execute, and amend, as necessary, a three-year interagency agreement with DFG effective July 1, 1999 to continue operation of the TSMP and SMWP in
FYs 1999-00, 2000-01, and 2001-02 for an amount not to exceed $320,000 per year from the General Fund (a total of $960,000 over three years)? The actual amounts for FYs 1999-00, 2000-01, and 2001-02 will be determined via the annual budget process.

FISCAL IMPACT: The SWRCB's proposed FY 1999-00 TSMP/SMWP budget will not exceed the current budget amount of $320,000 from the General Fund. Staff anticipates the need for similar maximum amounts for FYs 2000-01 and 2001-02. The maximum three-year total is expected to be $960,000. The actual budget amounts for FYs 2000-01 and 2001-02 will be determined via the annual budget process.

RWQCB IMPACT: Yes. All RWQCBs.

STAFF RECOMMENDATION: That the SWRCB adopt the proposed resolution authorizing the Executive Director or his designee to negotiate, execute, and amend, as necessary, a three-year interagency agreement with the DFG effective July 1, 1999 to continue operation of the TSMP and SMWP in FYs 1999-00, 2000-01, and 2001-02 for an amount not to exceed $320,000 per year from the General Fund (a total of $960,000 over three years). The actual amounts for FYs 1999-00, 2000-01, and 2001-02 will be determined via the annual budget process.

WHEREAS:

1. The State Water Resources Control Board (SWRCB) has the responsibility to monitor the occurrence of toxic substances in the waters of the State.

2. The SWRCB's Toxic Substances Monitoring Program and State Mussel Watch Program provide valuable information on the occurrence of toxic substances in waters of the State.

3. It is desirable that these two programs be continued, consistent with the SWRCB's emphasis on the control of toxic substances.

4. The Department of Fish and Game (DFG) has qualified personnel, facilities, and experience to continue operation of these two programs.

THEREFORE BE IT RESOLVED THAT:

The SWRCB authorizes the Executive Director or his designee to negotiate, execute, and amend, as necessary, a three-year interagency agreement with the DFG effective July 1, 1999 to continue operation of the Toxic Substances Monitoring Program and State Mussel Watch Program in Fys 1999-00, 2000-01, and 2001-02 for an amount not to exceed $320,000 per year from the General Fund (a total of $960,000 over three years). The actual amounts for FYs 1999-00, 2000-01, and 2001-02 will be determined via the annual budget process.