Amended in Senate March 28, 2016

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 amended, 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 begin delete deletes end delete begin insert repeals end insert these provisions on January 1, 2017.

This bill would require the Lake Alpine Water Company to file the report on or before begin delete January 1, 2018, end delete begin insert December 31, 2017, and biennially thereafter, end insert and would begin delete delete end delete begin insert repeal end insert these provisions on January 1, begin delete 2019. end delete begin insert 2022. end insert 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 board 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 board regulations. The
treatment shall include, but need not be limited to, filtration with
a micro or ultrafiltration system rated to 0.1 micron or less. The
treatment shall, at a minimum, comply with all state laws and board
regulations and all federal laws and regulations, including, but not
limited to, the federal Environmental Protection Agency
begin delete Long-Term 2 Enhanced Surface Water Treatment regulations. end delete
begin insert Long Term 2 Enhanced Surface Water Treatment Rule. end insert Nothing
in this division shall limit the state or the board 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 board, 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 board.

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

(c) The Lake Alpine Water Company shall file, on or before
begin delete January 1, 2018, end delete begin insert December 31, 2017, and biennially thereafter, end insert
with the Legislature in accordance with Section 9795 of the
Government Code and the board, 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 board, an evaluation of
recommendations relating to inactivation and removal of
cryptosporidium and giardia.

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

(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 board 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 board that water quality will
not be adversely affected.

(e) (1) The board 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 board 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.

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

(g) This section shall remain in effect only until January 1, begin delete 2019, end delete
begin insert 2022, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2019, end delete begin insert 2022, 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.