Amended in Assembly June 10, 2013

Amended in Senate February 19, 2013

Senate BillNo. 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 could be subject to suspensionbegin insert, amendment,end insert 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 specifiedbegin delete penaltiesend deletebegin insert fines, penalties, or other enforcement actionsend insert. 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: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 115843.6 is added to the Health and
2Safety Code
, to read:

3

115843.6.  

(a) In the Bear Lake Reservoir, recreational uses
4shall not include recreation in which any participant has bodily
5contact with the water, unless all of the following conditions are
6satisfied:

7(1) The water subsequently receives complete water treatment,
8in compliance with all applicable department regulations, including
9oxidation, filtration, and disinfection, before being used for
10domestic purposes. The disinfection shall include, but is not limited
11to, the use of an advanced technology capable of inactivating
12organisms, including, but not limited to, viruses, cryptosporidium,
13and giardia, to levels that comply with department regulations.
14The treatment shall include, but need not be limited to, filtration
15with a micro or ultra filtration system rated to 0.1 micron or less.
16The treatment shall, at a minimum, comply with all state laws and
17department regulations and all federal laws and regulations,
18including, but not limited to, the federal Environmental Protection
19Agency Long-Term 2 Enhanced Surface Water Treatment
20regulations. Nothing in this division shall limit the state or the
21department in imposing more stringent treatment standards than
22those required by federal law.

23(2) The Lake Alpine Water Company conducts a monitoring
24program for cryptosporidium, giardia, and total coliform bacteria,
P3    1including E. coli and fecal coliform, at the reservoir intake and at
2posttreatment at a frequency determined by the department, but
3no less than three times during the period when bodily contact is
4allowed pursuant to paragraph (4).

5(3) The reservoir is operated in compliance with regulations of
6the department.

7(4) Bodily contact is allowed for no more than four months each
8year.

9(b) The recreational use of Bear Lake Reservoir shall be subject
10to additional conditions and restrictions adopted by the entity
11operating the water supply reservoir, or required by the department,
12that are required to further protect or enhance the public health
13and safety and do not conflict with regulations of the department.

14(c) The Lake Alpine Water Company shall file, on or before
15January 1, 2016, with the Legislature in accordance with Section
169795 of the Government Code and the department, a report on the
17recreational uses at Bear Lake Reservoir and the water treatment
18program for that reservoir. That report shall include, but is not
19limited to, all of the following information:

20(1) The estimated levels and types of recreational uses at the
21reservoir on a monthly basis.

22(2) A summary of monitoring in the Bear Lake Reservoir
23watershed for cryptosporidium, giardia, and total coliform bacteria,
24including E. coli and fecal coliform.

25(3) The most current sanitary survey of the watershed and water
26quality monitoring.

27(4) As deemed necessary by the department, an evaluation of
28recommendations relating to inactivation and removal of
29cryptosporidium and giardia.

30(5) Annual reports provided to the department as required by
31the water permit issued by the department.

32(6) An evaluation of the impact on source water quality due to
33recreational activities on Bear Lake Reservoir, including any
34microbiological monitoring.

35(7) A summary of activities for operation of recreational uses
36and facilities in a manner that optimizes the water quality.

37(8) The reservoir management plan and the operations plan.

38(9) The annual water reports submitted to the consumers each
39year.

P4    1(d) If there is a change in operation of the treatment facility or
2a change in the quantity of water to be treated at the treatment
3facility, the department may require the entity operating the water
4supply reservoir to file a report that includes, but is not limited to,
5the information required in subdivision (c), and the entity shall
6demonstrate to the satisfaction of the department that water quality
7will not be adversely affected.

8(e) (1) The department shall, at the end of each recreational
9season, annually review monitoring and reporting data from the
10Bear Lake Reservoir to ensure full compliance with this section.

11(2) If at any time the department finds a failure to comply with
12this section, the exemption granted pursuant to this section shall
13cease immediately, and a permit issued to the Lake Alpine Water
14Company pursuant to Chapter 4 (commencing with Section
15116270) of Part 12 may be subject tobegin delete suspensionend deletebegin insert suspension,
16amendment,end insert
or revocation pursuant to that chapter. A failure to
17comply with this section shall be deemed a violation of Chapter 4
18(commencing with Section 116270) of Part 12begin insert and shall beend insert subject
19to any applicablebegin delete penaltiesend deletebegin insert fines, penalties, or other enforcement
20action providedend insert
underbegin delete Article 11 (commencing with Section
21116725) ofend delete
that chapter.

22(f) This section shall remain in effect only until January 1, 2017,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2017, deletes or extends that date.

25

SEC. 2.  

The Legislature finds and declares that Bear Lake
26Reservoir is a high altitude reservoir that is frozen over for four
27to six months each year, and oxidation to reduce iron and
28manganese along with microfiltration is needed, rather than
29coagulation, flocculation, and sedimentation, due to, among other
30things, the water quality, very intermittent use of the water system,
31and subsequent disinfection of the water needed for that
32intermittent use.

33

SEC. 3.  

The Legislature finds and declares that a special law
34is necessary and that a general law cannot be made applicable
35within the meaning of Section 16 of Article IV of the California
36Constitution because of the unique circumstances in the Bear Lake
37Reservoir. The facts constituting the special circumstances are:

38Recreational activities have occurred at Bear Lake Reservoir
39but ceased due to the requirements of Section 115825 of the Health
40and Safety Code. The Lake Alpine Water Company will continue
P5    1effective water treatment through microfiltration and disinfection
2in order for bodily contact to resume, and the company will provide
3information to the Legislature regarding certain issues to ensure
4that any recreational uses at the reservoir do not affect the provision
5of domestic water to district customers.

6

SEC. 4.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.

15

SEC. 5.  

This act is an urgency statute necessary for the
16immediate preservation of the public peace, health, or safety within
17the meaning of Article IV of the Constitution and shall go into
18immediate effect. The facts constituting the necessity are:

19In order to ensure that the residents of the Bear Lake Reservoir
20community are able to utilize the reservoir during the summer
21season in the manner they have previously, it is necessary that this
22act take effect immediately.



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