BILL NUMBER: AB 83	CHAPTERED  09/22/05

	CHAPTER  283
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2005
	PASSED THE SENATE  AUGUST 30, 2005
	AMENDED IN SENATE  AUGUST 24, 2005
	AMENDED IN SENATE  JUNE 29, 2005
	AMENDED IN SENATE  JUNE 14, 2005
	AMENDED IN ASSEMBLY  MARCH 17, 2005

INTRODUCED BY   Assembly Member Leslie
   (Coauthor: Senator Cox)

                        JANUARY 4, 2005

   An act to add and repeal Section 116030.5 of the Health and Safety
Code, relating to swimming pools, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 83, Leslie  Public swimming pools: Cameron Park Community
Services District.
   Existing law requires the State Department of Health Services to
supervise the sanitation, healthfulness, and safety of public
swimming pools. Violation of these provisions is a crime.
   Existing law sets forth construction standards for swimming pools,
but excludes facilities in excess of 20,000 square feet of surface
area, including, but not limited to, a manmade lake or swimming
lagoon with sand beaches. The law establishes a requirement for
lifeguard duties at public swimming pools of wholly artificial
construction where a direct fee is charged.
   This bill would, notwithstanding any provision of law to the
contrary, until January 1, 2008, exempt any manmade lake or swimming
lagoon with a beach or sand bottom operated by the Cameron Park
Community Services District of El Dorado County from state water
clarity standards if approved by the local health officer. This bill
would require the department to form an advisory committee to adopt
recommendations and to submit them to the department by January 1,
2007.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 116030.5 is added to the Health and Safety
Code, to read:
   116030.5.  (a) Notwithstanding any provision of law to the
contrary, any manmade lake or swimming lagoon with a beach or sand
bottom operated by the Cameron Park Community Services District of El
Dorado County is exempt from the water clarity standards established
pursuant to subdivision (b) of Section 116030, if approved by the
local health officer.
   (b) The department shall form an advisory committee consisting of
all of the following:
   (1) Three representatives from park and recreation districts that
operate for public swimming purposes a manmade lake or swimming
lagoon with a beach or sand bottom.
   (2) Two local health officers.
   (3) A representative of the department.
   (c) The committee shall address whether water clarity of manmade
lakes or swimming lagoons that utilize a beach or a sand bottom, and
are used for public swimming purposes, should be regulated in the
same manner as public swimming pools.
   (d) The committee shall adopt recommendations and report to the
department by January 1, 2007.
   (e) If the committee recommends that the water clarity of the
manmade lakes or swimming lagoons should not be regulated in the same
manner as public swimming pools, the report shall identify the water
clarity standards that should apply, and shall make recommendations
regarding filtration, recirculation, disinfection, safety, and public
health oversight, including, but not limited to, permitting and
sampling requirements.
   (f) 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 that date deletes or extends that date.
  SEC. 2.  Due to the unique circumstances concerning the sandy
bottom lagoon operated by Cameron Park Community Services District,
it is necessary that, and the Legislature finds and declares that, a
general statute cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure the continued recreational use of the sand
bottom lagoon operated by the Cameron Park Community Services
District, while protecting the health and safety of the users of the
facility, it is necessary that this act take effect immediately.