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