BILL ANALYSIS Ó
SB 14
Page 1
Date of Hearing: June 18, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SB 14 (Gaines) - As Amended: June 10, 2013
SENATE VOTE : 36-0
SUBJECT : Bear Lake Reservoir
SUMMARY : Allows the Bear Lake Reservoir to be used for
swimming and to store water for domestic use, under specified
conditions. Specifically, this bill :
1)Exempts Bear Lake Reservoir in Alpine County from the
prohibition of bodily contact in its water when all of the
following conditions are met:
a) The water subsequently receives complete water
treatment, in compliance with all applicable California
Department of Public Health (CDPH) regulations, including
oxidation, filtration, and disinfection, before being used
for domestic purposes.
b) The disinfection included the use of advanced technology
capable of inactivating organisms, including viruses,
cryptosporidium, and giardia to levels that comply with
CDPH regulations.
c) The water treatment complies with all state laws and
CDPH regulations, and all federal laws and regulations.
d) 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 post-treatment at least three times
during the period when bodily contact is allowed.
e) The reservoir is operated in compliance with CDPH
regulations.
f) Bodily contact is allowed for no more than four months
each year.
2)Provides that the recreational use of Bear Lake Reservoir is
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subject to additional conditions and restrictions adopted by
the entity operating the water supply reservoir, or required
by CDPH, that are required to further protect the public
health and safety.
3)Requires the Lake Alpine Water Company to file no later than
January 1, 2016, with the Legislature and the CDPH, a report
on the recreational uses at Bear Lake Reservoir and the water
treatment program. The report shall include the following
information:
a) The estimated levels and types of recreational uses on a
monthly basis;
b) A summary of monitoring in the reservoir's watershed;
c) The most current sanitary survey of the watershed and
water quality monitoring;
d) As deemed necessary by CDPH, an evaluation of
recommendations regarding inactivation and removal of
cryptosporidium and giardia;
e) Annual reports to the CDPH.
f) An evaluation of the impact on source water quality due
to recreational activities, including any microbiological
monitoring;
g) The reservoir management plan and the operations plan;
and
h) The annual water reports submitted to consumers each
year.
4)Specifies that if there is a change in the operation of the
treatment facility or the quantity of water treated, the CDPH
may require the water supply reservoir operator to file
detailed information and demonstrate to CDPH that the water
quality will not be adversely affected.
5)Requires the CDPH, at the end of each recreational season, to
annually review the monitoring and reporting data to ensure
full compliance with this bill.
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6)Specifies that if at any time the CDPH finds a failure to
comply with this bill, the exemption granted shall cease
immediately and the permit issued to the Lake Alpine Water
Company may be subject to suspension, amendment, or
revocation. A failure to comply shall be deemed a violation
and subject to fines, penalties, and other enforcement actions
under the law.
7)Sunsets this bill on January 1, 2017.
8)Provides that it is an urgency statute. 2/3 vote required.
EXISTING LAW :
1.Declares that it is the policy of this state that multiple
uses should be made of all public water within the state, to
the extent it is consistent with public health and public
safety.
2.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 San Diego County reservoirs, the Modesto
Reservoir, the Nacimiento Reservoir, Sly Park Reservoir, and
Canyon Lake Reservoir.
3.Places varying conditions on those reservoirs that allow
bodily contact in the water and store water for domestic use.
FISCAL EFFECT :
The Senate Appropriations Committee moved this bill out of its
committee pursuant to Senate Rule 28.8 indicating insignificant
state costs.
COMMENTS :
1)Need and Purpose of Bill. According to the source of the
bill, the Lake Alpine Water Company, and the author, this bill
is needed because the statutory exemption allowing the Bear
Lake Reservoir to have bodily contact sunset in 2007 and was
not discovered by CDPH, the new county administration, or the
Lake Alpine Water Company until years later. The purpose of
this bill is to re-authorize Bear Lake Reservoir's exemption
to allow people to swim in the reservoir and to use the water
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as a source of drinking water, with appropriate measures to
ensure its safety for drinking.
2)Bear Lake Reservoir. Bear Lake Reservoir is a private 13-acre
lake surrounded by 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 members and guests of Bear Valley Residents Incorporated
(BVRI). Uses of the lake include wading, swimming, sailing,
windsurfing, paddling, and fishing. Dogs and pets are not
allowed on the lake or at any of the access points. It is
reported by the Lake Alpine Water Company that the number of
visitors averages 10 per day with a maximum of 50 throughout
the summer.
3)Pathogens of Particular Concern with Bodily Contact.
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. Sources of
contamination at recreational waters are the individuals using
those waters when constituents of residual fecal matter may be
washed of the body in contact with water.
This bill proposes to address these dangers by specifying that
the Bear Lake Reservoir will be able to allow bodily contact
if the "disinfection shall include . . . the use of an
advanced technology capable of inactivating organisms,
including . . . viruses, cryptosporidium, and giardia, to
levels that comply with department regulations." The bill
also requires that the treatment shall comply with all state
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laws and CDPH regulations and federal laws and regulations.
4)Prior Legislation. AB 1934 (Leslie) established the bodily
contact exemption for the Bear Lake Reservoir (Chapter 374,
Statutes of 2004). This law sunset on January 1, 2007. SB
577 (Gaines) of the 2011-12 Session would have provided a
bodily contact exemption for the Bear Lake Reservoir but it
missed a deadline for 2-year bills. SB 1063 (Gaines) of the
2011-12 Session was passed by the Legislature but vetoed by
the Governor. In his veto message of SB 1063, the Governor
stated:
"The Department of Public Health believes that the water
treatment requirements of 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 [of Public Health] to find a solution that
allows for recreational swimming alongside effectively
treated safe drinking water."
5)Addressing Veto Concerns . The author's office states that the
Author has worked with the CDPH and the other parties to
resolve the concerns expressed by the Governor in his veto
message of last Session's SB 1063.
6)Comparison to Existing Exemptions. The California Department
of Public Health reports that SB 14 contains several
requirements that are not included in similar body contact
statutory exemptions. Specifically, CDPH states:
a) The disinfection shall include the use of an advanced
technology capable of inactivating organisms;
b) The treatment shall include filtration with a micro or
ultra filtration system rated to 0.1 micron or less;
c) The CDPH shall annually review monitoring and reporting
data from Bear Lake Reservoir to ensure that the water
company has fully complied with the bill's requirements;
and
d) If CDPH finds a failure to comply with any part of the
bill, the body contact exemption will cease and the water
company's permit may be suspended, amended, or revoked.
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Moreover, the CDPH notes that the June 10th version of the
bill would require the department to impose penalties, fines
or other appropriate enforcement action on Lake Alpine Water
Company if it violates the conditions of its permit for Bear
Lake Reservoir.
7)Experience with Similar Exemptions. In response to the
committee's inquiry, the CDPH states that the department is
not aware of any reported illnesses or other problems
associated with body contact recreation in the other lakes and
reservoirs with statutory exemptions.
REGISTERED SUPPORT / OPPOSITION :
Support
Alpine County Board of Supervisors
Association of California Water Agencies
California Water Association
Bear Valley Residents, Inc.
Opposition
None received.
Analysis Prepared by : Manny Hernandez / E.S. & T.M. / (916)
319-3965