BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1063|
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                                 THIRD READING


          Bill No:  SB 1063
          Author:   Gaines (R)
          Amended:  4/23/12
          Vote:     27 - Urgency

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  7-0, 04/16/12
          AYES:  Simitian, Strickland, Blakeslee, Hancock, Kehoe, 
            Lowenthal, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Bear Lake Reservoir:  recreational use

           SOURCE  :     Lake Alpine Water Company


           DIGEST  :    This bill exempts, until January 1, 2016, from 
          the law that prohibits recreational use in which there is 
          bodily contact with water in a reservoir where water is 
          stored for domestic use, any participant in the Bear Lake 
          Reservoir and establishes standards in that regard, as 
          specified.
           
           ANALYSIS  :    Existing law declares state policy that 
          multiple uses should be made of all public water in the 
          state consistent with public health and safety and 
          prohibits recreational use in which there is bodily contact 
          with water in a reservoir in which water is stored for 
          domestic use.  Statutory exceptions to this prohibition 
          have been granted for specified reservoirs (San Diego 
          County reservoirs, Modesto Reservoir, Nacimiento Reservoir, 
                                                           CONTINUED





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          Sly Park Reservoir and Canyon Lake Reservoir).  These 
          reservoirs must meet specific standards and criteria set in 
          statute.

          Under the federal Long Term 2 Enhanced Surface Water 
          Treatment Rule, supplements existing regulations by 
          targeting additional Cryptosporidium treatment requirements 
          to higher risk systems.  This rule also contains provisions 
          to reduce risks from uncovered finished water reservoirs 
          and to ensure that systems maintain microbial protection 
          when they take steps to decrease the formation of 
          disinfection byproducts that result from chemical water 
          treatment.
           
           This bill exempts from this prohibition the Bear Lake 
          Reservoir in Alpine County until January 1, 2016, 
          establishes standards, and requires the Lake Alpine Water 
          Company to file a report on the recreational uses at Bear 
          Lake by January 1, 2015, with the Department of Public 
          Health (DPH).

           Background

           According to the author, this bill re-authorizes Bear Lake 
          Reservoir's exemption to be used for drinking water while 
          still allowing bodily contact, with appropriate measures in 
          place to ensure the safety of the drinking water.  Bear 
          Lake Reservoir has been operating under this dual usage and 
          seeks to continue their ability to swim in the water, while 
          still reaping the benefits of a large source of drinking 
          water.  There are water standards in place which are 
          overseen and approved by DPH.  

           Bodily Contact in Drinking Water  .  Over 65% of the 
          population of the United States receives drinking water 
          from surface water sources.  Many of these surface water 
          systems rely on protected sources, off limits for human 
          activity to ensure safe water supply.  California law 
          prohibits bodily contact in drinking water reservoirs 
          because human activity on and near water adds an element of 
          risk to the consumers of the water.  Short of sewage 
          discharge, human body contact with the water is the most 
          threatening such human activity for several reasons:








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          1.Enteric pathogens, including bacteria, viruses and 
            protozoa may be shed into water during recreation from 
            residual fecal material and from accidental fecal 
            release.  Inputs resulting from human contact will 
            increase pathogen concentrations in the reservoir and 
            thus may increase health risks to downstream consumers 
            receiving this water.

          2.A single person sheds billions of fecal bacteria in a 
            single day and water treatment plants are engineered to 
            remove 99 to 99.99 percent of pathogenic organisms, not 
            100 percent;

          3.Unlike chemical contaminants, pathogenic organisms that 
            survive the treatment process can multiply in the water 
            distribution system and, more importantly, in the bodies 
            of water, leading to infection, illness and death of 
            water consumers; 

          4.Birds and wild animals also introduce potential pathogens 
            to the water but pathogens from humans are more likely to 
            ultimately be infectious to other humans than are 
            pathogens originating from birds or animals.

           Bear Lake Reservoir  .  Bear Lake is a private 13-acre lake 
          surrounded by lodge pole and white fir forest and 
          residential homes in the unincorporated community of Bear 
          Valley in Alpine County.  Access to the lake is provided by 
          three small sandy beaches.  All other shoreline is private 
          property or earthen dam.  The weather allows for 
          recreational use of the lake from June through September.  
          The lake is posted as private and is used by the members 
          and guests of the Bear Valley Residents Incorporated 
          (BVRI).  Uses of the lake include wading, swimming, 
          sailing, windsurfing, paddling and fishing.  Dogs and other 
          pets are not allowed in the lake or at any of the access 
          points.  The number of visitors averages 10 per day with a 
          maximum day of 50 throughout the summer (this information 
          was provided by the Lake Alpine Water Company report and is 
          noted that it was collected through interviews with BVRI 
          residents).
           
           AB 1934 (Leslie), Chapter 374, Statutes of 2004, exempted 
          Bear Lake Reservoir from the bodily contact prohibition, 







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          allowing bodily contact under specified conditions.

          The exemption granted by AB 1934 to the Bear Lake Reservoir 
          sunsetted on January 1, 2007.

          SB 577 (Gaines, 2011) reinstated the statutory exemption 
          without a sunset date.  A Senate Environmental Quality 
          Committee hearing scheduled for May 2, 2011, on this bill 
          was canceled at the request of the author.  In reviewing 
          the previous exemption granted, it was found that the Lake 
          Alpine Water Company had not complied with AB 1934 by 
          failing to compile and submit the required report to the 
          Legislature or DPH and by continuing to allow bodily 
          contact in the reservoir through 2010 without statutory 
          authorization.

          In June 2011, DPH issued a letter to the Lake Alpine Water 
          Company notifying them that they were in violation of 
          Section 115825 (b), Article 1, Chapter 5 of the Health and 
          Safety Code, prohibiting bodily contact.
          The Lake Alpine Water Company responded to the letter by 
          prohibiting bodily contact in 2011, and submitting the 
          requisite report to the Legislature.

          The report submitted provided the requisite monitoring and 
          planning information except for information specific to 
          monitoring for giardia and cryptosporidium.  According to 
          Lake Alpine Water Company's report, pursuant to the LT2 
          federal regulation, they monitored for total fecal coliform 
          and E. coli.  Because the annual average for E. coli is 
          below federal levels for monitoring requirements they did 
          not pursue the monitoring for cryptosporidium required by 
          AB 1934.  There was no mention of monitoring data for 
          giardia.  Lake Alpine Water Company conducts biweekly 
          testing of fecal coliform and E. coli, which are indicators 
          for cryptosporidium and giardia and provided the annual 
          reports to DPH outlining that data.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  5/9/12)

          Lake Alpine Water Company (source)  







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           Alpine County Supervisor Terry Woodrow
          Association of California Water Agencies
          Bear Valley Residents, Inc.
          California Association of Harbor Masters and Port Captains
          California Marine Parks and Harbors Association
          California Yacht Brokers Association
          Marina Recreation Association
          Northern CA Marine Association
          Western Boaters Safety Group


          DLW:nl  5/9/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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