Bill Text: CA SB930 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 930 CHAPTERED
BILL TEXT
CHAPTER 149
FILED WITH SECRETARY OF STATE AUGUST 19, 2016
APPROVED BY GOVERNOR AUGUST 19, 2016
PASSED THE SENATE APRIL 28, 2016
PASSED THE ASSEMBLY AUGUST 4, 2016
AMENDED IN SENATE MARCH 28, 2016
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, 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 receives 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 repeals these provisions on January 1, 2017.
This bill would extend the operation of all these provisions until
January 1, 2022, and would require the Lake Alpine Water Company to
file the report on or before December 31, 2017, and biennially
thereafter until January 1, 2022. 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.
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 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 board regulations. The
treatment shall include, but need not be limited to, filtration with
a micro or ultrafiltration system rated to 0.1 micron or less. The
treatment shall, at a minimum, comply with all state laws and 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 Rule. Nothing in this division shall
limit the state or the 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 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 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 board, that
are required to further protect or enhance the public health and
safety and do not conflict with regulations of the board.
(c) The Lake Alpine Water Company shall file, on or before
December 31, 2017, and biennially thereafter, with the Legislature in
accordance with Section 9795 of the Government Code and the 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 board, an evaluation of
recommendations relating to inactivation and removal of
cryptosporidium and giardia.
(5) Annual reports provided to the board as required by the water
permit issued by the 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 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 board that water quality will
not be adversely affected.
(e) (1) The 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 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.
(g) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, 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.
