Bill Text: CA SB1063 | 2011-2012 | Regular Session | Enrolled
Bill Title: Bear Lake Reservoir: recreational use.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2012-09-25 - In Senate. Consideration of Governor's veto pending. [SB1063 Detail]
Download: California-2011-SB1063-Enrolled.html
BILL NUMBER: SB 1063 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN ASSEMBLY AUGUST 22, 2012
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, 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 also provide that, upon a finding of noncompliance, the
Lake Alpine Water Company would be subject to suspension or
revocation of any permit issued pursuant to specified provisions, and
that failure to comply with these provisions would be deemed a
violation subject to specified penalties. By expanding the definition
of a crime, this bill would create a state-mandated local program.
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.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 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, the use of 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, filtration with a micro or ultra
filtration system rated to 0.1 micron or less. 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 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 department, but no
less than three times during the period when bodily contact is
allowed pursuant to paragraph (4).
(3) The reservoir is operated in compliance with regulations of
the department.
(4) Bodily contact is allowed for no more than four months each
year.
(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.
(c) The Lake Alpine Water Company shall file, on or before January
1, 2015, with the Legislature in accordance with Section 9795 of the
Government Code 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 cryptosporidium, giardia, and total coliform bacteria, including
E. coli and fecal coliform.
(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.
(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.
(8) The reservoir management plan and the operations plan.
(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 a failure to comply with
this section, the exemption granted pursuant to this section shall
cease immediately, and a permit issued to the Lake Alpine Water
Company pursuant to Chapter 4 (commencing with Section 116270) of
Part 12 shall be subject to suspension or revocation pursuant to that
chapter. A failure to comply with this section shall be deemed a
violation of Chapter 4 (commencing with Section 116270) of Part 12
subject to any applicable penalties under Article 11 (commencing with
Section 116725) of that chapter.
(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. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 4. 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.
