BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 80
                                                                  Page  1

          Date of Hearing:   March 24, 2009

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                            Jared William Huffman, Chair
                AB 80 (Blakeslee) - As Introduced:  December 19, 2008
           
          SUBJECT  :   Reservoirs:  Recreational Use 

           SUMMARY  : Amends water storage and treatment requirements for the  
          Nacimiento and Lake Lopez Reservoirs.  Specifically,  this bill  : 

          1)Expands an existing exception for bodily contact recreation in  
            Nacimiento Reservoir to include Lake Lopez. 

          2)Authorizes, as a condition of the exemption, the use of  
            alternative surface water treatment technology at Nacimiento  
            and Lopez Lake Reservoirs in compliance with applicable  
            Department of Public Health standards.

           EXISTING LAW  prohibits bodily contact recreation in reservoirs  
          where water is stored for domestic use, but provides certain  
          exceptions.  Nacimiento Reservoir currently has an exemption,  
          allowing bodily contact recreation such as swimming in the  
          reservoir.  The statute conditions the exception on compliance  
          with specified, heightened treatment requirements.  Exceptions  
          are generally given to reservoirs with unique recreational  
          importance to their region.           

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   This bill expands an exception allowing human  
          contact recreation in reservoirs, granted to Nacimiento  
          Reservoir by AB 1460 (Bordonaro) in 1997, to include nearby  
          Lopez Lake.  Nacimiento and Lopez Lake Reservoirs supply  
          domestic water to approximately 75,000 San Luis Obispo County  
          residents.  As a condition of the Nacimiento exception, water in  
          the reservoir is required to undergo a specified, multipart  
          treatment process at the Paso Robles Plant to meet domestic  
          water quality standards.  Because Lopez Lake Reservoir is not  
          currently exempted, water is piped three miles to a terminal  
          reservoir where it remains before undergoing treatment.  This  
          bill will allow water to be pumped to treatment plants directly  
          from Nacimiento and Lopez Lake Reservoirs and undergo treatment  
          by membrane filtration. 









                                                                  AB 80
                                                                  Page  2

          AB 80 would allow water from both Nacimiento and Lake Lopez  
          reservoirs to be treated with an "alternative filtration system  
          that complies with all applicable department regulations and  
          requirements."  Currently, water from Nacimiento Reservoir is  
          statutorily required to undergo treatment by coagulation,  
          flocculation, sedimentation, filtration, and disinfection. This  
          bill would allow Nacimiento Reservoir to complete construction  
          to upgrade the Paso Robles plant with membrane filtration  
          technology while maintaining the exception. The Nacimiento Water  
          Project is currently preparing an EIR in compliance with CEQA  
          for the construction of the proposed new treatment facilities.   
          Lake Lopez would also be able to maintain their current membrane  
          filtration system, upgraded in 2006, and comply with exception  
          conditions.  







































                                                                  AB 80
                                                                  Page  3

          The use of membrane filtration has been approved as an  
          alternative water treatment method by the California Department  
          of Public Health since at least 2001, and was listed approved  
          technology in the department's September 2008 Alternative  
          Filtration Technology Summary.  Membrane filtration consists of  
          pre-treatment with chemicals, pre-filtration, membrane  
          filtration, and disinfection.   

          This exemption language expanding the types of treatment already  
          applies to another reservoir. The author states that AB 80 is  
          modeled after Section 115842 in the Health and Safety Code,  
          which grants an exception to the prohibition on bodily contact  
          recreation to Sly Park Reservoir in the Sierra.  The Sly Park  
          exemption uses the same language, authorizing use of  
          "alternative treatment that complies with all applicable  
          department regulations" for water from that reservoir.  

          AB 80 would broaden the potential alternative water treatment  
          systems that could be utilized by Nacimiento and Lake Lopez  
          Reservoirs, allowing upgrades to water treatment systems as  
          technology changes and advances, without the need for constant  
          amendment to the code.  AB 80 also specifically requires that  
          any alternative treatment systems used must comply with  
          Department of Public Health Regulations.  The County of San Luis  
          Obispo, in support of AB 80, states that the technology upgrade  
          to the planned facility "complies with all applicable California  
          Department of Public Health water treatment regulations and will  
          cost the public considerably less than other filtration  
          methods."   

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           City of Paso Robles
          County of San Luis Obispo
          Association of California Water Agencies (ACWA)

           Opposition  :None submitted 

           Analysis Prepared by  :    Alf W. Brandt and Lindsey Scott-Fl?rez  
          / W., P. & W. / (916) 319-2096