BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1063| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 1063 Page 2 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: SB 1063 Page 3 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, SB 1063 Page 4 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) SB 1063 Page 5 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 **** END ****