California Senate Bill SB1063 Amended / Bill

 BILL NUMBER: SB 1063AMENDED 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.