BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                 SB 14
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Jerry Hill, Chair
                              2013-2014 Regular Session
                                           
           BILL NO:    SB 14
           AUTHOR:     Gaines
           AMENDED:    February 19, 2013
           FISCAL:     Yes               HEARING DATE:     April 3, 2013
           URGENCY:    Yes               CONSULTANT:       Joanne Roy
            
           SUBJECT  :    BEAR LAKE RESERVOIR:  RECREATIONAL USE

            SUMMARY  :    
           
            Existing law  :

           1) 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, Sly Park Reservoir and Canyon Lake Reservoir).   
              These reservoirs must meet specific standards and criteria  
              set in statute. (Health and Safety Code §115825 et seq.).

           2) Under the federal Long Term 2 Enhanced Surface Water  
              Treatment Rule (LT2 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  :  

           1) Exempts from the prohibition of recreational use the Bear  
              Lake Reservoir in Alpine County until January 1, 2017, if  
              specified requirements are met:










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              a)    Water treatment and disinfection;

              b)    Monitoring program for cryptosporidium, giardia, and  
                 total coliform bacteria at the reservoir intake and at  
                 post-treatment at least three times during the period  
                 when bodily contact is allowed;

              c)    Operation of the reservoir is in compliance with  
                 Department of Public Health (DPH) regulations; and,

              d)    Maximum of four months per year allowed for bodily  
                 contact.

           2) Requires Lake Alpine Water Company to file a report on  
              recreational uses and the water treatment program at Bear  
              Lake Reservoir with the Legislature and the Department of  
              Public Health by January 1, 2016.

           3) Requires DPH to annually review monitoring and reporting  
              data from the reservoir.

           4) Provides that if DPH finds a failure to comply, then:

              a)    Terminates the exemption pursuant to this section if  
                 DPH finds a failure to comply; 

              b)    Authorizes DPH to suspend or revoke any permit issued  
                 pursuant to the California Safe Drinking Water Act (Act);  
                 and,

              c)    Deems the failure to comply a violation of the Act and  
                 subject to penalties.

           5) Provides an urgency clause.


            COMMENTS  :

            1) Purpose of Bill  .  According to the author, SB 14 "would  
              re-authorize Bear Lake Reservoir Reservoir's exemption to be  
              used for drinking water while still allowing bodily contact,  
              with appropriate measures in place to ensure safety of the  
              drinking water?Bear Lake Reservoir has been operated by the  









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              Lake Alpine Water Company under this dual usage and seeks to  
              continue the ability to swim in the water, while benefitting  
              from that reservoir as a source of drinking water.  There  
              are water standards in place which are overseen and approved  
              by the Department of Public Health (DPH)."  

            2) 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:

                  a)       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.

                  b)       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%;

                  c)       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; 

                  d)       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.

            1) Pathogens of particular concern with bodily contact  .   









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              Microorganisms such as viruses, giardia and cryptosporidium  
              are of special concern when there is bodily contact with  
              drinking water supplies because traditional disinfection  
              methods are not as effective at treating or inactivating  
              organisms.   

               The Metropolitan Water District (MWD) studied water quality  
              issues associated with body contact recreation at its  
              Diamond Valley Lake.  MWD information indicates that  
              "Cryptosporidium is the pathogenic organism of greatest  
              concern mainly because it is extremely resistant to  
              conventional methods of disinfection such as chlorination,  
              is difficult to detect through monitoring, and causes  
              cryptosporidiosis."  Cryptosporidiosis is a disease of the  
              intestinal tract and has been known to cause disease in  
              humans since 1976.  Cryptosporidium lives in a protective  
              shell that is referred to as an oocyst, and allows it to  
              survive various environmental conditions and be resistant to  
              disinfection.  Sources of contamination at recreational  
              waters are the individuals using those waters for recreation  
              when constituents of residual fecal matter may be washed off  
              the body on contact with water.  Infants, young children,  
              and others may also contribute more significantly to  
              contamination by accidental fecal releases.

              MWD studies have shown an increased risk to consumers with  
              body contact recreation, ranging from 20 to 140 times higher  
              than the current cryptosporidium risk of 1 infection per  
              about 28,000 people.

              Waterborne cryptosporidium outbreaks have occurred in both  
              large and small communities.  A large outbreak occurred in  
              Milwaukee, Wisconsin in 1993, affecting an estimated 403,000  
              people.  According to the CDC, infection with  
              cryptosporidium may have contributed to premature deaths of  
              immunosuppressed individuals in these outbreaks.
               
           2) Bear Lake Reservoir  .  Bear Lake Reservoir 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  









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              recreational use of the lake from June through September.   
              The lake is posted as private and is used by members and  
              guests of 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 (based on information provided by the  
              Lake Alpine Water Company report noting 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,  
              allowing bodily contact under conditions that were similar  
              to SB 1063 from last year.

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

              SB 577 (Gaines) of 2011 reinstated the statutory exemption  
              without a sunset date.  A May 2, 2011, Senate Environmental  
              Quality Committee hearing 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 Lake Alpine Water  
              Company notifying them that they were in violation of Health  
              and Safety Code §115825(b), prohibiting bodily contact.

              Lake Alpine Water Company responded to the letter by  
              prohibiting bodily contact in 2011 and submitting the  
              requisite report to the Legislature.

              The submitted report 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, the Company monitored for total fecal  
              coliform and E. coli.  Because the annual average for E.  









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              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.

              The report notes that in 2005 a new microfiltration membrane  
              water treatment facility was completed.  Lake Alpine Water  
              Company also chlorinates the water prior to distribution.   
              While the new water treatment facility does disinfect for  
              giardia and cryptosporidium to levels higher than required  
              by the DPH permit, the new plant did not comply with AB 1934  
              requirements to provide a secondary form of either  
              ultraviolet or ozonation disinfection.  This requirement was  
              added to AB 1934 because cryptosporidium is resistant to  
              traditional treatments using chlorination.  Lake Alpine  
              Water Company makes no mention in its report of conducting  
              the above specified disinfection methods and according to  
              DPH, Lake Alpine Water Company does not conduct either  
              ultraviolet or ozonation disinfection.  

              According to the report, Bear Lake Reservoir has such a  
              small concentration of bodily contact visitors and has not  
              had levels of E. coli or fecal coliform to warrant  
              monitoring for cryptosporidium under federal regulation and  
              the DPH permit.  Based on this data, the additional  
              disinfection may not be deemed necessary by DPH.  However,  
              should there be an outbreak of cryptosporidium, the current  
              filtration system may not be sufficient to inactivate a  
              significant outbreak of the pathogen, especially if  
              recreational activities on the Bear Lake Reservoir increase  
              in the future.  As this community is looking to increase  
              development, it is very possible that recreational  
              activities would increase in the future.  
               
            3) Recent Legislation  .  Last year, SB 1063 (Gaines) exempted  
              Bear Lake Reservoir (Alpine County) from the state  
              prohibition on bodily contact recreation use in a reservoir  
              used for domestic water uses and establishes standards to be  
              met, including water treatment, monitoring, and reporting  
              requirements.  









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           Governor Brown vetoed SB 1063 stating, "Unfortunately, the  
              Department of Public Health believes that the water  
              treatment requirements in this bill are not feasible and  
              ineffective, and therefore the operation of the reservoir as  
              a means to provide safe drinking water would be put at risk.  
               I urge the author and sponsors to work with the Department  
              to find a solution that allows for recreational swimming  
              alongside effectively treated safe drinking water."

           SB 14 (Gaines) addresses the Governor's concerns regarding the  
              feasibility and effectiveness of water treatment  
              requirements in SB 1063 (Gaines) of 2012.  


           SOURCE  :        Bear Valley Residents, Inc.
           Lake Alpine Water Company  

           SUPPORT  :       Association of California Water Agencies
                          County of Alpine
                          California Water Association
            
           OPPOSITION  :    None on file