Amended in Senate August 19, 2014

Amended in Senate June 30, 2014

Amended in Senate June 5, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2071

Introduced by Assembly Member Levine

(Coauthor: Assembly Member Gatto)

February 20, 2014

An act to add Section 13521.1 to the Water Code, relating to recycled water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2071, as amended, Levine. Recycled water: begin delete pasture end delete animals.

Existing law requires the State begin delete Department of Public Health end delete begin insert Water Resources Control Board end insert to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. begin delete Existing law transfers these duties to the State Water Resources Control Board on July 1, 2014. end delete

This bill would require, by December 31, 2016, the state board, in consultation with impacted state agencies, to determine whether the use of disinfected tertiary treated recycled water for the purpose of providing water to begin delete pasture end delete animals begin insert , as defined, end insert would begin delete be safe for end delete begin insert not pose a significant risk to end insert public and animal health. This bill would require the state board to establish uniform statewide recycling criteria for the use of recycled water for the purpose of providing water to begin delete pasture end delete animals if the state board determines that the use of disinfected tertiary treated recycled water for this purpose would begin delete harm end delete begin insert pose a significant risk to end insert public or animal health. The bill would authorize the state board to approve the use of disinfected tertiary treated recycled water for this purpose if the state board determines that its use would not begin delete harm end delete begin insert pose a significant risk to end insert public or animal health but would prohibit the use of disinfected tertiary treated recycled water in the water supply for dairy animals that are currently producing dairy products for human consumption.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 13521.1 is added to the Water Code, to
read:

13521.1.  

(a) By December 31, 2016, the state board, in
consultation with impacted state agencies, shall determine whether
the use of disinfected tertiary treated recycled water, as defined
by Section 60301.230 of Title 22 of the California Code of
Regulations, for the purpose of providing water to begin delete pasture end delete animals,
would begin delete be safe for end delete begin insert not pose a significant risk to end insert public and animal
health. If the state board determines that the use of disinfected
tertiary treated recycled water for the purpose of providing water
to begin delete pasture end delete animals would begin delete harm end delete begin insert pose a significant risk to end insert public or
animal health, the state board shall establish uniform statewide
recycling criteria for the use of disinfected tertiary begin insert treated end insert recycled
water for the purpose of providing water to begin delete pasture end delete animals. Except
as provided in subdivision (c), if the state board determines that
the use of disinfected tertiary treated recycled water for the purpose
of providing water to begin delete pasture end delete animals would not begin delete harm end delete begin insert pose a
significant risk to end insert public or animal health, the state board may
approve the use of disinfected tertiary treated recycled water for
these purposes.

(b) In evaluating the use of disinfected tertiary treated recycled
water for the purpose of providing water to begin delete pasture end delete animals, the
state board shall consider, at minimum, all of the following:

(1) Recommendations from the existing Advisory Panel on
Constituents of Emerging Concerns in Recycled Water.

(2) State-funded research performed pursuant to Section 79144
and subdivision (b) of Section 79145.

(3) Research by the state board relating to unregulated pollutants.

(c) Disinfected tertiary treated recycled water shall not be used
in the water supply for dairy animals that are currently producing
dairy products for human consumption.

(d) A person shall not be required to use disinfected tertiary
treated recycled water for the purposes described in this section.

(e) The adoption of uniform statewide recycling criteria pursuant
to this section shall be subject to the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

begin insert

(f) For purposes of this section, “animal” includes any
domesticated bird, bovine animal, horse, mule, burro, sheep, goat,
or swine.

end insert