BILL NUMBER: SB 1063	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        FEBRUARY 13, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1063, as introduced, Gaines. Bear Lake Reservoir: recreational
use.
   Existing law, with certain exceptions, prohibits recreational use
in which there is bodily contact with water in a reservoir in which
water is stored for domestic use, and establishes water standards for
those exempted reservoirs.
   This bill would, in addition, exempt from this prohibition
recreational activity in which there is bodily contact with water by
any participant in the Bear Lake Reservoir, and would establish
standards in this regard, including water treatment, monitoring, and
reporting requirements.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Bear Lake Reservoir.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 115843.6 is added to the Health and Safety
Code, 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 shall receive complete water treatment, including
coagulation, flocculation, sedimentation, filtration, and
disinfection, or an alternative filtration system that provides an
equivalent degree of pathogen removal in compliance with all
applicable department regulations before being used for domestic
purposes.
   (2) The reservoir is operated in compliance with regulations of
the department.
   (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 department,
that are required to further protect or enhance the public health and
safety and do not conflict with regulations of the department. The
department shall, prior to requiring any additional conditions and
restrictions, consult with the entity operating the water supply
reservoir regarding the proposed conditions and restrictions at least
60 days prior to the effective date of those conditions and
restrictions.
   (c) The Lake Alpine Water Company shall file, on or before January
1, 2014, with the department, 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 for
bacteria.
   (3) The most current sanitary survey of the watershed and water
quality monitoring.
   (4) Annual reports as required by the water permit issued by the
department.
   (5) The reservoir management plan and the operations plan.
   (6) 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 department may require the entity operating the water
supply reservoir to file a report that includes, but is not limited
to, the information required pursuant to subdivision (c), and the
entity shall demonstrate to the satisfaction of the department that
water quality will not be adversely affected.
  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 have occurred at Bear Lake Reservoir but
ceased due to the requirements of Section 115825 of the Health and
Safety Code. The Lake Alpine Water Company will continue effective
water treatment through microfiltration and ozonation in order for
bodily contact to resume, 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 customers.