BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 930


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          Date of Hearing:  June 14, 016


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          SB  
          930 (Gaines) - As Amended March 28, 2016


                                  PROPOSED CONSENT


          SENATE VOTE:  37-0


          SUBJECT:  Bear Lake Reservoir:  recreational use


          SUMMARY:  Extends the sunset date, from January 1, 2017 to  
          January 1, 2022, for recreational uses within the Bear Lake  
          Reservoir under specified conditions.  Specifically, this bill:   



          1)Extends the date, from January 1, 2016 to December 31, 2017,  
            for the Lake Alpine Water Company to file a report on the  
            recreational uses at Bear Lake Reservoir with the Legislature  
            and the State Water Resources Control Board (State Water  
            Board), and requires this report to be submitted by December  
            31, 2017 and every two years thereafter.


          2)Extends the sunset date, from January 1, 2017 to January 1,  
            2022, for recreational uses within the Bear Lake Reservoir,  
            under specified conditions.








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          3)Makes technical, conforming changes.


          EXISTING LAW:   


          1)Declares that policy of the state is to allow multiple uses of  
            all public water within the state, to the extent that the  
            multiple uses are consistent with public health and public  
            safety. (Health and Safety Code (HSC) § 115825)


          2)Authorizes recreational uses, including bodily contact with  
            the water, in Bear Lake Reservoir only if the following  
            conditions are met:


             a)   The water subsequently receives complete water  
               treatment, in compliance with all applicable State Water  
               Board regulations;


             b)   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 State Water Board, but no less than three  
               times during the period when bodily contact is allowed;


             c)   The reservoir is operated in compliance with all  
               regulations of the State Water Board; and,


             d)   Bodily contact is allowed for no more than four months  
               each year. (HSC § 115843.6)









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          3)Subjects recreational use of Bear Lake Reservoir to additional  
            conditions and restrictions adopted by the entity operating  
            the water supply reservoir, or as required by the State Water  
            Board. (HSC § 115843.6 (b))


          4)Requires the Lake Alpine Water Company to file on or before  
            January 1, 2016, with the Legislature and the State Water  
            Board a report on the recreational uses at Bear Lake Reservoir  
            and the water treatment program for that reservoir.  (HSC §  
            115843.6 (c))


          5)Authorizes, 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 State Water Board to require the  
            entity operating the water supply reservoir to file a report  
            and requires the entity to demonstrate to the satisfaction of  
            the State Water Board that water quality will not be adversely  
            affected.  (HSC § 115843.6 (d))


          6)Requires the State Water Board, at the end of each  
            recreational season, to annually review monitoring and  
            reporting data from the Bear Lake Reservoir to ensure full  
            compliance with the law.  (HSC § 115843.6 (e))


          7)Sunsets, on January 1, 2017, the authorization for  
            recreational use, including bodily contact with the water, in  
            Bear Lake Reservoir.  (HSC § 115843.6 (g))


          


          FISCAL EFFECT:  Unknown.









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          COMMENTS:  


           
           Need and purpose of the bill.  According to the author, this  
          bill is needed because the statutory exemption allowing the Bear  
          Lake Reservoir to have bodily contact is going to sunset in  
          2017.  The purpose of this bill is to extend Bear Lake  
          Reservoir's authorization to allow people to both swim in the  
          reservoir and to use the water as a source of drinking water,  
          with appropriate measures to ensure its safety for drinking.

          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.  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 per day throughout the summer.  
           
          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 these organisms.   
          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.









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          This bill: Proposes to extend the authorization for Bear Lake  
          Reservoir to allow bodily in the Reservoir and use the water as  
          a source for drinking water, if the water is treated and  
          complies with State Water Board regulations.  The water must  
          receive complete water treatment, including oxidation,  
          filtration, and disinfection, before being used for domestic  
          purposes.  The disinfection shall include the use of an advanced  
          technology capable of inactivating organisms, including, but not  
          limited to, viruses, cryptosporidium, and giardia, to levels  
          that comply with State Water Board regulations.  The bill also  
          requires that the operator of the Bear Lake Reservoir, submit a  
          report to both the State Water Board and the Legislature by  
          December 31, 2107 and every two years thereafter.  The  
          information in the report will assist both the State Water Board  
          and the Legislature regarding future use of the Bear Lake  
          Reservoir.  

          Related legislation:


          1)SB 14 (Gaines, Chapter 172, Statutes of 2013) Reinstates until  
            January 1, 2017, the authorization for recreational uses at  
            Bear Lake Reservoir if certain conditions are met.   


          2)SB 1063 (Gaines, 2012) would have extended, until January 1,  
            2016, the authorization for recreational uses at Bear Lake  
            Reservoir if certain conditions are met.  SB 1063 was vetoed  
            by the Governor.  


          3)AB 1934 (Chapter 374, Statutes of 2004) Authorizes  
            recreational uses at Bear Lake Reservoir if certain conditions  
            are met.  Sunsets this authorization on January 1, 2017.  


          REGISTERED SUPPORT / OPPOSITION:










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          Support


          Alpine County Board of Supervisors


          Bear Valley Residents, Inc.


          California Water Association


          Lake Alpine Water Company




          Opposition


          None received




          Analysis Prepared by:Josh Tooker / E.S. & T.M. / (916)  
          319-3965