California Senate Bill SB1063 Amended / Bill

 BILL NUMBER: SB 1063AMENDED BILL TEXT 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, 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 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. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program:  no   yes  . 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,  ozonation or ultra violet disinfection   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  and   ,  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  any   a  failure to comply with this section, the exemption  grated   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. 3.   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.