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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