BILL NUMBER: AB 80 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2009
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 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.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 in accordance with all of the following
requirements:
(a) Any agency that removes water from 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, 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.
(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.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.