California 2021 2021-2022 Regular Session

California Assembly Bill AB2298 Introduced / Bill

Filed 02/16/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2298Introduced by Assembly Member MayesFebruary 16, 2022 An act to add Article 2.8 (commencing with Section 115960.1) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 2298, as introduced, Mayes. Recreational water use: wave basins.Existing law provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. Existing law establishes applicable construction and sanitation standards for public swimming pools, and standards pertaining to their operation, maintenance, and use. Existing law, the Permanent Amusement Ride Safety Inspection Program, provides for a state system for the inspection of permanent amusement rides, as defined.This bill would subject a wave basin, defined as an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport, to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program. The bill would require the State Department of Public Health to adopt regulations that may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 2.8 (commencing with Section 115960.1) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read: Article 2.8. Wave Basin Standards115960.1. The following definitions apply for purposes of this article:(a) Department means the State Department of Public Health.(b) Wave basin means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. Wave basin does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)).115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides.(b) The department shall adopt regulations regulating sanitation and safety of wave basins. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2298Introduced by Assembly Member MayesFebruary 16, 2022 An act to add Article 2.8 (commencing with Section 115960.1) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 2298, as introduced, Mayes. Recreational water use: wave basins.Existing law provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. Existing law establishes applicable construction and sanitation standards for public swimming pools, and standards pertaining to their operation, maintenance, and use. Existing law, the Permanent Amusement Ride Safety Inspection Program, provides for a state system for the inspection of permanent amusement rides, as defined.This bill would subject a wave basin, defined as an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport, to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program. The bill would require the State Department of Public Health to adopt regulations that may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2298

Introduced by Assembly Member MayesFebruary 16, 2022

Introduced by Assembly Member Mayes
February 16, 2022

 An act to add Article 2.8 (commencing with Section 115960.1) to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, relating to public health. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2298, as introduced, Mayes. Recreational water use: wave basins.

Existing law provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. Existing law establishes applicable construction and sanitation standards for public swimming pools, and standards pertaining to their operation, maintenance, and use. Existing law, the Permanent Amusement Ride Safety Inspection Program, provides for a state system for the inspection of permanent amusement rides, as defined.This bill would subject a wave basin, defined as an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport, to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program. The bill would require the State Department of Public Health to adopt regulations that may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.

Existing law provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. Existing law establishes applicable construction and sanitation standards for public swimming pools, and standards pertaining to their operation, maintenance, and use. Existing law, the Permanent Amusement Ride Safety Inspection Program, provides for a state system for the inspection of permanent amusement rides, as defined.

This bill would subject a wave basin, defined as an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport, to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program. The bill would require the State Department of Public Health to adopt regulations that may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Article 2.8 (commencing with Section 115960.1) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read: Article 2.8. Wave Basin Standards115960.1. The following definitions apply for purposes of this article:(a) Department means the State Department of Public Health.(b) Wave basin means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. Wave basin does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)).115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides.(b) The department shall adopt regulations regulating sanitation and safety of wave basins. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Article 2.8 (commencing with Section 115960.1) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read: Article 2.8. Wave Basin Standards115960.1. The following definitions apply for purposes of this article:(a) Department means the State Department of Public Health.(b) Wave basin means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. Wave basin does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)).115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides.(b) The department shall adopt regulations regulating sanitation and safety of wave basins. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.

SECTION 1. Article 2.8 (commencing with Section 115960.1) is added to Chapter 5 of Part 10 of Division 104 of the Health and Safety Code, to read:

### SECTION 1.

 Article 2.8. Wave Basin Standards115960.1. The following definitions apply for purposes of this article:(a) Department means the State Department of Public Health.(b) Wave basin means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. Wave basin does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)).115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides.(b) The department shall adopt regulations regulating sanitation and safety of wave basins. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.

 Article 2.8. Wave Basin Standards115960.1. The following definitions apply for purposes of this article:(a) Department means the State Department of Public Health.(b) Wave basin means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. Wave basin does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)).115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides.(b) The department shall adopt regulations regulating sanitation and safety of wave basins. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.

 Article 2.8. Wave Basin Standards

 Article 2.8. Wave Basin Standards

115960.1. The following definitions apply for purposes of this article:(a) Department means the State Department of Public Health.(b) Wave basin means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. Wave basin does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)).



115960.1. The following definitions apply for purposes of this article:

(a) Department means the State Department of Public Health.

(b) Wave basin means an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport. Wave basin does not include wave pools, as defined under the Wave Pool Safety Act (Article 2.7 (commencing with Section 115950)).

115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides.(b) The department shall adopt regulations regulating sanitation and safety of wave basins. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.



115960.2. (a) A wave basin shall be subject to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920) of Division 5 of the Labor Code), and the Division of Occupational Safety and Health may inspect and otherwise oversee the operation of a wave basin to ensure compliance with those standards and requirements. This section does not limit the existing authority of the division to regulate permanent amusement rides.

(b) The department shall adopt regulations regulating sanitation and safety of wave basins. The regulations adopted pursuant to this section may be modeled upon the sanitation and safety regulations for swimming pools, but shall be modified to reflect the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin.