BILL NUMBER: AB 2439 CHAPTERED 09/14/04 CHAPTER 519 FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2004 APPROVED BY GOVERNOR SEPTEMBER 14, 2004 PASSED THE ASSEMBLY AUGUST 16, 2004 PASSED THE SENATE AUGUST 10, 2004 AMENDED IN SENATE JULY 12, 2004 AMENDED IN SENATE JUNE 2, 2004 INTRODUCED BY Assembly Member Haynes (Coauthor: Senator Hollingsworth) FEBRUARY 19, 2004 An act to amend Section 115825 of, and to add and repeal Section 115843.5 of, the Health and Safety Code, relating to drinking water. LEGISLATIVE COUNSEL'S DIGEST AB 2439, Haynes. Canyon Lake Reservoir: recreational use. Existing law, with certain exceptions, prohibits recreational use, in which there is bodily contact with the water, of a reservoir in which water is stored for domestic use, and establishes water standards for those exempted reservoirs. This bill would, in addition, until January 1, 2008, exempt the Canyon Lake Reservoir within the Elsinore Valley Municipal Water District from this prohibition, would establish water treatment standards to be met by the water district, and would make a conforming change. The bill would require the district to file a related report with the Legislature. This bill would make findings and declarations regarding the necessity of a special statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 115825 of the Health and Safety Code is amended to read: 115825. (a) It is hereby declared to be the policy of this state that multiple use should be made of all public water within the state, to the extent that multiple use is consistent with public health and public safety. (b) Except as provided in this article, recreational uses shall not, with respect to a reservoir in which water is stored for domestic use, include recreation in which there is bodily contact with the water by any participant. SEC. 2. Section 115843.5 is added to the Health and Safety Code, to read: 115843.5. (a) In the Canyon Lake Reservoir, recreational uses shall not include recreation in which any participant has bodily contact with the water, unless both of the following conditions are satisfied: (1) The water subsequently receives complete water treatment, in compliance with all applicable department regulations, including coagulation, flocculation, sedimentation, filtration, and disinfection, before being used for domestic purposes. The disinfection shall include, but is not limited to, an advanced technology capable of inactivating organisms, including, but not limited to, viruses, cryptosporidium, and giardia, to levels that comply with department regulations. By January 1, 2006, the disinfection shall include, but not be limited to, ozonation or ultraviolet disinfection in compliance with the federal Environmental Protection Agency Long-Term 2 Enhanced Surface Water Treatment regulations. (2) The reservoir is operated in compliance with regulations of the department. (b) The recreational use may be subject to additional conditions and restrictions adopted by the entity operating the water supply reservoir or required by the department, if those conditions and restrictions do not conflict with regulations of the department, and are required to further protect or enhance the public health and safety. The department shall, prior to requiring any additional conditions and restrictions, consult with the entity operating the water supply reservoir regarding the proposed conditions and restrictions at least 60 days prior to the effective date of those conditions or restrictions. (c) The Elsinore Valley Municipal Water District shall, by January 1, 2007, file a report with the Legislature on the recreational uses at Canyon Lake Reservoir and the water treatment program. The report shall include, but not necessarily be limited to, all of the following information: (1) Participation in watershedwide activities to improve water quality in the Canyon Lake Reservoir. (2) Annual results of volatile organic compounds, general minerals, and nutrients testing results provided to the department. (3) A summary of available monitoring in the Canyon Lake Reservoir provided to the department for giardia and cryptosporidium. (4) The most current sanitary survey of the watershed and water quality monitoring plan. (5) A summary of monthly reports provided to the department on intake water bacteria and water quality. (6) A summary of monthly reports provided to the department on water usage in Canyon Lake Reservoir. (7) An evaluation of the impact on source water quality due to recreational activities on the Canyon Lake Reservoir, including any microbiological monitoring, and a summary of monthly reports provided to the department on treatment plant performance. (8) A summary of activities between Elsinore Valley Municipal Water District and the Canyon Lake Property Owners Association for operation of recreational uses and facilities in a manner that optimizes the water quality. (9) The reservoir management plan and the operations plan. (10) The annual water quality reports submitted to consumers each year. (d) If there is a change in operation of the treatment facility or a change in the quantity of water to be treated at the treatment facility, the department may require the Elsinore Valley Municipal Water District to file a report that includes, but is not limited to, the information required pursuant to subdivision (c), and the district shall demonstrate to the satisfaction of the department that water quality will not be adversely affected. (e) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the Elsinore Valley Municipal Water District. The facts constituting the special circumstances are: Recreational activities have occurred at Canyon Lake Reservoir pursuant to an agreement between the Elsinore Valley Municipal Water District and the Canyon Lake Property Owners Association, the district and association have coordinated activities to ensure that drinking water is not affected by these recreational activities, drinking water has been provided by the district since 1957 when the water treatment plant was constructed, major upgrades were added to the treatment plant in 1995, the district will continue to increase water treatment through new water treatment projects at the reservoir in order for bodily contact to continue, and the district will provide information to the Legislature regarding certain issues to ensure that any recreational uses at the reservoir do not affect the provision of domestic water to district customers.