Amended in Senate February 19, 2013

Senate Bill No. 14

Introduced by Senator Gaines

December 3, 2012

An act to add and repeal Section 115843.6 of the Health and Safety Code, relating to reservoirs, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 14, as amended, Gaines. Bear Lake Reservoir: recreational use.

Existing law, with certain exceptions, prohibits recreational use in which there is bodily contact with water in a reservoir in which water is stored for domestic use, and establishes water standards for those exempted reservoirs.

This bill would, in addition, exempt from this prohibition recreational activity in which there is bodily contact with water by any participant in the Bear Lake Reservoir, and would establish standards in this regard, including water treatment, monitoring, and reporting requirements. The bill would require the State Department of Public Health to annually review specified data to ensure compliance, and would provide that the exemption granted pursuant to these provisions would cease upon a finding of noncompliance. This bill would also provide that, upon a finding of noncompliance, the Lake Alpine Water Company begin delete would end delete begin insert could end insert be subject to suspension or revocation of any permit issued pursuant to specified provisions, and that failure to comply with these provisions would be deemed a violation subject to specified penalties. By expanding the definition of a crime, this bill would create a state-mandated local program. This bill would provide that these provisions would remain in effect only until January 1, 2017.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Bear Lake Reservoir.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 115843.6 is added to the Health and
Safety Code, to read:

115843.6.  

(a) In the Bear Lake Reservoir, recreational uses
shall not include recreation in which any participant has bodily
contact with the water, unless all of the following conditions are
satisfied:

(1) The water subsequently receives complete water treatment,
in compliance with all applicable department regulations, including
oxidation, filtration, and disinfection, before being used for
domestic purposes. The disinfection shall include, but is not limited
to, the use of an advanced technology capable of inactivating
organisms, including, but not limited to, viruses, cryptosporidium,
and giardia, to levels that comply with department regulations.
The treatment shall include, but need not be limited to, filtration
with a micro or ultra filtration system rated to 0.1 micron or less.
The treatment shall, at a minimum, comply with all state laws and
department regulations and all federal laws and regulations,
including, but not limited to, the federal Environmental Protection
Agency Long-Term 2 Enhanced Surface Water Treatment
regulations. Nothing in this division shall limit the state or the
department in imposing more stringent treatment standards than
those required by federal law.

(2) The Lake Alpine Water Company conducts a monitoring
program for cryptosporidium, giardia, and total coliform bacteria,
including E. coli and fecal coliform, at the reservoir intake and at
posttreatment at a frequency determined by the department, but
no less than three times during the period when bodily contact is
allowed pursuant to paragraph (4).

(3) The reservoir is operated in compliance with regulations of
the department.

(4) Bodily contact is allowed for no more than four months each
year.

(b) The recreational use of Bear Lake Reservoir shall be subject
to additional conditions and restrictions adopted by the entity
operating the water supply reservoir, or required by the department,
that are required to further protect or enhance the public health
and safety and do not conflict with regulations of the department.

(c) The Lake Alpine Water Company shall file, on or before
January 1, 2016, with the Legislature in accordance with Section
9795 of the Government Code and the department, a report on the
recreational uses at Bear Lake Reservoir and the water treatment
program for that reservoir. That report shall include, but is not
limited to, all of the following information:

(1) The estimated levels and types of recreational uses at the
reservoir on a monthly basis.

(2) A summary of monitoring in the Bear Lake Reservoir
watershed for cryptosporidium, giardia, and total coliform bacteria,
including E. coli and fecal coliform.

(3) The most current sanitary survey of the watershed and water
quality monitoring.

(4) As deemed necessary by the department, an evaluation of
recommendations relating to inactivation and removal of
cryptosporidium and giardia.

(5) Annual reports provided to the department as required by
the water permit issued by the department.

(6) An evaluation of the impact on source water quality due to
recreational activities on Bear Lake Reservoir, including any
microbiological monitoring.

(7) A summary of begin delete any end delete activities for operation of recreational
uses and facilities in a manner that optimizes the water quality.

(8) The reservoir management plan and the operations plan.

(9) The annual water reports submitted to the consumers each
year.

(d) If there is a change in operation of the treatment facility or
a change in the quantity of water to be treated at the treatment
facility, the department may require the entity operating the water
supply reservoir to file a report that includes, but is not limited to,
the information required begin delete pursuant to end delete begin insert in end insert subdivision (c), and the
entity shall demonstrate to the satisfaction of the department that
water quality will not be adversely affected.

(e) (1) The department shall, at the end of each recreational
season, annually review monitoring and reporting data from the
Bear Lake Reservoir to ensure full compliance with this section.

(2) If at any time the department finds a failure to comply with
this section, the exemption granted pursuant to this section shall
cease immediately, and a permit issued to the Lake Alpine Water
Company pursuant to Chapter 4 (commencing with Section
116270) of Part 12 begin delete shall end delete begin insert may end insert be subject to suspension or revocation
pursuant to that chapter. A failure to comply with this section shall
be deemed a violation of Chapter 4 (commencing with Section
116270) of Part 12 subject to any applicable penalties under Article
11 (commencing with Section 116725) of that chapter.

(f) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

SEC. 2.  

The Legislature finds and declares that Bear Lake
Reservoir is a high altitude reservoir that is frozen over for four
to six months each year, and oxidation to reduce iron and
manganese along with microfiltration is needed, rather than
coagulation, flocculation, and sedimentation, due to, among other
things, the water quality, very intermittent use of the water system,
and subsequent disinfection of the water needed for that
intermittent use.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances in the Bear Lake
Reservoir. The facts constituting the special circumstances are:

Recreational activities have occurred at Bear Lake Reservoir
but ceased due to the requirements of Section 115825 of the Health
and Safety Code. The Lake Alpine Water Company will continue
effective water treatment through microfiltration and disinfection
in order for bodily contact to resume, and the company will provide
information to the Legislature regarding certain issues to ensure
that any recreational uses at the reservoir do not affect the provision
of domestic water to district customers.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

SEC. 5.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to ensure that the residents of the Bear Lake Reservoir
community are able to utilize the reservoir during the summer
season in the manner they have previously, it is necessary that this
act take effect immediately.