BILL NUMBER: AB 80 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 23, 2009
INTRODUCED BY Assembly Member Blakeslee
DECEMBER 19, 2008
An act to amend Section 115841 of the Health and Safety Code,
relating to reservoirs.
LEGISLATIVE COUNSEL'S DIGEST
AB 80, as amended, Blakeslee. Reservoirs: recreational use.
Existing law prohibits the recreational use of reservoirs where
water is stored for domestic use and defines recreational use for
this purpose to include recreation in which there is bodily contact
with the water by a participant. Existing law exempts certain
reservoirs from this prohibition, including, but not limited to,
Nacimiento Reservoir, and sets forth conditions and restrictions to
ensure water purity. Existing law imposes water treatment
requirements on an agency that removes water from the Nacimiento
Reservoir that must be completed prior to its domestic use.
This bill would exempt Lopez Lake Reservoir from this prohibition
if certain conditions are met. This bill also would permit an agency
that removes water from either the Nacimiento Reservoir or Lopez Lake
Reservoir to use specified alternative filtration systems to satisfy
the water treatment requirement.
This bill would impose additional minimum water treatment
requirements that must be met by the agency removing water from that
reservoir. This bill would also allow the entity operating the water
supply reservoir or the department to subject the recreational use to
additional conditions and restrictions. By imposing additional
requirements upon a local agency. This bill would create a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 115841 of the Health and Safety Code is amended
to read:
115841. Recreational activity in which there is bodily contact
with the water by any participant shall continue to be allowed in
Nacimiento Reservoir and Lopez Lake Reservoir in
accordance with all of the following requirements:
(a) Any agency that removes water from either
the reservoir for domestic use shall comply with any, or
at a minimum, one of the following with regard to the water removed:
(1) (A) The water subsequently receives
complete water treatment in compliance with all applicable department
regulations, including coagulation, flocculation, sedimentation,
filtration, and disinfection, or an alternative filtration
system that complies with all applicable department regulations and
requirements, before being used for before being used
for domestic purposes. The treatment shall, at a minimum,
comply with all state laws and department regulations and all federal
laws and regulations, including, but not limited to, the federal
Environmental Protection Agency Long Term 2 Enhanced Surface Water
Treatment Rule. Nothing in this division shall limit the state or the
department from imposing more stringent treatment standards than
those required by federal law.
(B) Disinfection at the Paso Robles treatment facility shall
include, but not be 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. The treatment may include, but not be limited to,
ozonation or ultraviolet disinfection.
(2) The water is discharged in a manner that allows percolation
into a subsurface groundwater basin for subsequent extraction from
only those groundwater wells that have been determined by the
department not to be under the influence of surface water pursuant to
Chapter 17 (commencing with Section 64650) of Division 4 of Title 22
of the California Code of Regulations and subsequently receives
disinfection and complies with all applicable department regulations
before being used for domestic purposes.
(3) The water is discharged in a manner that allows percolation
into a subsurface groundwater basin for subsequent extraction from
groundwater wells under the influence of surface water that receives
treatment pursuant to Chapter 17 (commencing with Section 64650) of
Division 4 of Title 22 of the California Code of Regulations and
complies with all applicable department regulations.
(b) The reservoir is operated in compliance with regulations of
the department.
(c) 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.
(c)
(d) The water stored for domestic purposes that may be
excepted from the requirements of subdivision (b) of Section 115825
is removed from the reservoir by an agency for domestic purposes only
in San Luis Obispo County and only in an amount for which that
agency has a contractual right.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.