Bill Text: CA SB577 | 2011-2012 | Regular Session | Amended
Bill Title: Bear Lake Reservoir: recreational use.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB577 Detail]
Download: California-2011-SB577-Amended.html
BILL NUMBER: SB 577 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Gaines
FEBRUARY 17, 2011
An act to add Section 115843.6 to the Health and Safety Code,
relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
SB 577, 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 Bear Lake Reservoir and would establish standards
to be met, 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 ongoing complete water treatment,
including coagulation, disinfection, filtration, flocculation, and
sedimentation, 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. The disinfection shall include, but is not limited to,
ozonation or ultraviolet disinfection capable of inactivating
organisms including virus, cryptosporidium, and giardia, to levels
that comply with department regulations.
(2) The Lake Alpine Water Company conducts a monitoring program
for total coliform bacteria, which includes E. coli and fecal
coliform, at the reservoir intake at a frequency determined by the
department.
(3) The reservoir is operated in compliance with regulations of
the department.
(b) The recreational use of that 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, 2012, 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) The levels of methyl tertiary butyl ether taken at various
reservoir locations on a monthly basis, unless the use of watercraft
with gasoline-powered engines is prohibited.
(3) A summary of monitoring in the Bear Lake Reservoir watershed
for cryptosporidium and giardia.
(4) The sanitary survey of the watershed and water quality
monitoring plan.
(5) An evaluation of recommendations relating to inactivation and
removal of cryptosporidium and giardia.
(6) Annual reports provided to the department as required by the
water permit issued by the department.
(7) An evaluation of the impact on source water quality due to
recreational activities on Bear Lake Reservoir, including any
microbiological monitoring.
(8) A summary of any activities for operation of recreational uses
and facilities in a manner that optimizes the water quality.
(9) The reservoir management plan and the operations plan.
(10) 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 District will
significantly increase water treatment through new water treatment
projects at the reservoir before bodily contact can resume, and the
district 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 district customers.
