BILL ANALYSIS
AB 80
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Date of Hearing: March 24, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 80 (Blakeslee) - As Introduced: December 19, 2008
SUBJECT : Reservoirs: Recreational Use
SUMMARY : Amends water storage and treatment requirements for the
Nacimiento and Lake Lopez Reservoirs. Specifically, this bill :
1)Expands an existing exception for bodily contact recreation in
Nacimiento Reservoir to include Lake Lopez.
2)Authorizes, as a condition of the exemption, the use of
alternative surface water treatment technology at Nacimiento
and Lopez Lake Reservoirs in compliance with applicable
Department of Public Health standards.
EXISTING LAW prohibits bodily contact recreation in reservoirs
where water is stored for domestic use, but provides certain
exceptions. Nacimiento Reservoir currently has an exemption,
allowing bodily contact recreation such as swimming in the
reservoir. The statute conditions the exception on compliance
with specified, heightened treatment requirements. Exceptions
are generally given to reservoirs with unique recreational
importance to their region.
FISCAL EFFECT : Unknown.
COMMENTS : This bill expands an exception allowing human
contact recreation in reservoirs, granted to Nacimiento
Reservoir by AB 1460 (Bordonaro) in 1997, to include nearby
Lopez Lake. Nacimiento and Lopez Lake Reservoirs supply
domestic water to approximately 75,000 San Luis Obispo County
residents. As a condition of the Nacimiento exception, water in
the reservoir is required to undergo a specified, multipart
treatment process at the Paso Robles Plant to meet domestic
water quality standards. Because Lopez Lake Reservoir is not
currently exempted, water is piped three miles to a terminal
reservoir where it remains before undergoing treatment. This
bill will allow water to be pumped to treatment plants directly
from Nacimiento and Lopez Lake Reservoirs and undergo treatment
by membrane filtration.
AB 80
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AB 80 would allow water from both Nacimiento and Lake Lopez
reservoirs to be treated with an "alternative filtration system
that complies with all applicable department regulations and
requirements." Currently, water from Nacimiento Reservoir is
statutorily required to undergo treatment by coagulation,
flocculation, sedimentation, filtration, and disinfection. This
bill would allow Nacimiento Reservoir to complete construction
to upgrade the Paso Robles plant with membrane filtration
technology while maintaining the exception. The Nacimiento Water
Project is currently preparing an EIR in compliance with CEQA
for the construction of the proposed new treatment facilities.
Lake Lopez would also be able to maintain their current membrane
filtration system, upgraded in 2006, and comply with exception
conditions.
AB 80
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The use of membrane filtration has been approved as an
alternative water treatment method by the California Department
of Public Health since at least 2001, and was listed approved
technology in the department's September 2008 Alternative
Filtration Technology Summary. Membrane filtration consists of
pre-treatment with chemicals, pre-filtration, membrane
filtration, and disinfection.
This exemption language expanding the types of treatment already
applies to another reservoir. The author states that AB 80 is
modeled after Section 115842 in the Health and Safety Code,
which grants an exception to the prohibition on bodily contact
recreation to Sly Park Reservoir in the Sierra. The Sly Park
exemption uses the same language, authorizing use of
"alternative treatment that complies with all applicable
department regulations" for water from that reservoir.
AB 80 would broaden the potential alternative water treatment
systems that could be utilized by Nacimiento and Lake Lopez
Reservoirs, allowing upgrades to water treatment systems as
technology changes and advances, without the need for constant
amendment to the code. AB 80 also specifically requires that
any alternative treatment systems used must comply with
Department of Public Health Regulations. The County of San Luis
Obispo, in support of AB 80, states that the technology upgrade
to the planned facility "complies with all applicable California
Department of Public Health water treatment regulations and will
cost the public considerably less than other filtration
methods."
REGISTERED SUPPORT / OPPOSITION :
Support
City of Paso Robles
County of San Luis Obispo
Association of California Water Agencies (ACWA)
Opposition :None submitted
Analysis Prepared by : Alf W. Brandt and Lindsey Scott-Florez
/ W., P. & W. / (916) 319-2096