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:
SB 930
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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