Senate Bill No. 930

Introduced by Senator Gaines

February 1, 2016

An act to amend Section 115843.6 of the Health and Safety Code, relating to reservoirs.

LEGISLATIVE COUNSEL’S DIGEST

SB 930, as introduced, Gaines. Bear Lake Reservoir: recreational use.

Existing law prohibits recreational use involving bodily contact with the water in Bear Lake Reservoir unless certain conditions are satisfied, including that the water subsequently receive complete water treatment. Existing law requires the Lake Alpine Water Company, on or before January 1, 2016, to file with the Legislature a report on the recreational uses at Bear Lake Reservoir and the water treatment program for that reservoir. Existing law provides that, upon a finding of noncompliance, the Lake Alpine Water Company could be subject to suspension, amendment, 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 fines, penalties, or other enforcement actions. Existing law deletes these provisions on January 1, 2017.

This bill would require the Lake Alpine Water Company to file the report on or before January 1, 2018, and would delete these provisions on January 1, 2019. By expanding the scope of a crime, the bill would create a state-mandated local program.

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.

Vote: majority. 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 of the Health and Safety Code
is amended 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 begin delete department end delete begin insert board end insert 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 begin delete department end delete
begin insert board end insert 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 begin delete department end delete begin insert board end insert 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 begin delete department end delete begin insert board end insert 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 begin delete department, end delete begin insert board, end insert
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 begin delete department. end delete begin insert board. end insert

(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 begin delete department, end delete
begin insert board, end insert that are required to further protect or enhance the public
health and safety and do not conflict with regulations of the
begin delete department. end delete begin insert board. end insert

(c) The Lake Alpine Water Company shall file, on or before
January 1, begin delete 2016, end delete begin insert 2018, end insert with the Legislature in accordance with
Section 9795 of the Government Code and the begin delete department, end delete begin insert board, end insert
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 begin delete department, end delete begin insert board, end insert an
evaluation of recommendations relating to inactivation and removal
of cryptosporidium and giardia.

(5) Annual reports provided to the begin delete department end delete begin insert board end insert as required
by the water permit issued by the begin delete department. end delete begin insert board. end insert

(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 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 begin delete department end delete begin insert board end insert may require the entity operating the
water supply reservoir to file a report that includes, but is not
limited to, the information required in subdivision (c), and the
entity shall demonstrate to the satisfaction of the begin delete department end delete begin insert board end insert
that water quality will not be adversely affected.

(e) (1) The begin delete department end delete begin insert board end insert 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 begin delete department end delete begin insert board end insert 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 may be subject to suspension, amendment, 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 and shall be subject to any
applicable fines, penalties, or other enforcement action provided
under that chapter.

begin insert

(f) As used in this section, “board” means the State Water
Resources Control Board.

end insert begin delete

(f)

end delete

begin insert (g) end insert  This section shall remain in effect only until January 1, begin delete 2017, end delete
begin insert 2019, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2017, end delete begin insert 2019, end insert deletes or extends
that date.

SEC. 2.  

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 occur at Bear Lake Reservoir pursuant
to Section 115843.6 of the Health and Safety Code, provided
certain conditions are met. The Lake Alpine Water Company will
continue effective water treatment through microfiltration and
disinfection in order for bodily contact to continue, 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. 3.  

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.