BILL NUMBER: SB 1063	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Gaines

                        FEBRUARY 13, 2012

   An act to add and repeal Section 115843.6 of the Health and Safety
Code, relating to reservoirs, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1063, as amended, 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.  The bill would require the State
Department of Public Health to annually review specified data to
ensure compliance, and would provide that the exemption granted
pursuant to these provisions would cease upon a finding of
noncompliance.  This bill would provide that these provisions
would remain in effect only until January 1, 2016.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Bear Lake Reservoir.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. 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.  
   (1) The water subsequently receives complete water treatment, in
compliance with all applicable department regulations, including
coagulation, flocculation, sedimentation, filtration, and
disinfection, before being used for domestic purposes. The
disinfection shall include, but is not limited to, an advanced
technology capable of inactivating organisms, including, but not
limited to, viruses, cryptosporidium, and giardia, to levels that
comply with department regulations. The treatment shall include, but
need not be limited to, ozonation or ultra violet disinfection. The
treatment shall, at a minimum, comply with all state laws and
department regulations and all federal laws and regulations,
including, but not limited to, the federal Environmental Protection
Agency Long-Term 2 Enhanced Surface Water Treatment regulations.
Nothing in this division shall limit the state or the department in
imposing more stringent treatment standards than those required by
federal law.  
   (2) The Lake Alpine Water Company conducts a monitoring program
for total coliform bacteria, including E. coli and fecal coliform, at
the reservoir intake at a frequency determined by the department.
 
   (2) 
    (3)  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, 2015, with the  Legislature and 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 
watershed  for  bacteria   cryptosporidium
and giardia  .
   (3) The most current sanitary survey of the watershed and water
quality monitoring. 
   (4) As deemed necessary by the department, an evaluation of
recommendations relating to inactivation and removal of
cryptosporidium and giardia.  
   (4) 
    (5)  Annual reports  provided to the department
 as required by the water permit issued by the department. 
   (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 any activities for operation of recreational uses
and facilities in a manner that optimizes the water quality. 

   (5) 
    (8)  The reservoir management plan and the operations
plan. 
   (6) 
    (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 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. 
   (e) (1) The department 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 department finds any failure to comply with
this section, the exemption grated pursuant to this section shall
cease immediately.  
   (e) 
    (f)  This section shall remain in effect only until
January 1, 2016, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2016, 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 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 disinfection 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 district customers.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that the residents of the Bear Lake Reservoir
community are able to utilize the reservoir during the summer season
in the manner they have previously, it is necessary that this act
take effect immediately.