Bill Text: CA SB930 | 2015-2016 | Regular Session | Introduced

California Senate Bill 930 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Bear Lake Reservoir: recreational use.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-08-19 - Chaptered by Secretary of State. Chapter 149, Statutes of 2016. [SB930 Detail]

Download: California-2015-SB930-Introduced.html

BILL NUMBER: SB 930	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        FEBRUARY 1, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 930, as introduced, Gaines. Bear Lake Reservoir: recreational
use.
   Existing law prohibits recreational use involving bodily contact
with the water in Bear Lake Reservoir unless certain conditions are
satisfied, including that the water subsequently receive complete
water treatment. Existing law requires the Lake Alpine Water Company,
on or before January 1, 2016, to file with the Legislature a report
on the recreational uses at Bear Lake Reservoir and the water
treatment program for that reservoir. Existing law provides that,
upon a finding of noncompliance, the Lake Alpine Water Company could
be subject to suspension, amendment, 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 fines, penalties, or other enforcement actions. Existing
law deletes these provisions on January 1, 2017.
   This bill would require the Lake Alpine Water Company to file the
report on or before January 1, 2018, and would delete these
provisions on January 1, 2019. By expanding the scope of a crime, the
bill would create a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 115843.6 of the Health and Safety Code is
amended 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  
board  regulations, including oxidation, 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   board 
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   board 
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 
 board  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,
  board,  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.   board. 
   (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,   board,  that are required to further
protect or enhance the public health and safety and do not conflict
with regulations of the  department.   board.

   (c) The Lake Alpine Water Company shall file, on or before January
1,  2016,   2018,  with the Legislature in
accordance with Section 9795 of the Government Code and the 
department,   board,  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,  
board,  an evaluation of recommendations relating to
inactivation and removal of cryptosporidium and giardia.
   (5) Annual reports provided to the department 
 board  as required by the water permit issued by the
 department.   board. 
   (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 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   board  may
require the entity operating the water supply reservoir to file a
report that includes, but is not limited to, the information required
in subdivision (c), and the entity shall demonstrate to the
satisfaction of the  department   board 
that water quality will not be adversely affected.
   (e) (1) The  department   board  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   board
 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 may be subject to
suspension, amendment, 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 and shall be
subject to any applicable fines, penalties, or other enforcement
action provided under that chapter. 
   (f) As used in this section, "board" means the State Water
Resources Control Board.  
   (f) 
    (g)  This section shall remain in effect only until
January 1,  2017,   2019,  and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1,  2017,   2019,  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 occur at Bear Lake Reservoir pursuant to
Section 115843.6 of the Health and Safety Code, provided certain
conditions are met. The Lake Alpine Water Company will continue
effective water treatment through microfiltration and disinfection in
order for bodily contact to continue, 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.